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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Voter Registration
Enhancement Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the right to vote is a fundamental right;
(2) all citizens of the United States are entitled to be
protected from vote fraud and from voter registration lists
that contain the names of ineligible or nonexistent voters,
which dilute the worth of qualified votes honestly cast; and
(3) all citizens of the United States are entitled to be
governed by elected and appointed public officers who are
responsible to them and who govern in the public interest
without corruption, self-dealing, or favoritism.
(b) Purposes.-- The purposes of this Act are--
(1) to increase registration of citizens as voters in
elections for Federal office;
(2) to make it possible for Federal, State, and local
governments to enhance voter participation in elections for
Federal office;
(3) to protect the integrity of the electoral process;
(4) to ensure the maintenance of accurate and current
official voter registration lists; and
(5) to guarantee to the States, and to their citizens, a
republican form of government, including elections conducted
free of fraud, and governmental processes conducted free of
corruption, self-dealing, or favoritism.
TITLE I--VOTER REGISTRATION ENHANCEMENT
SEC. 101. FEDERAL COORDINATION AND BIENNIAL ASSESSMENT.
The Attorney General--
(1) shall be responsible for coordination of Federal
functions under this Act;
(2) shall provide information to the States with respect to
State responsibilities under this Act; and
(3) shall, not later than June 30 of each even-numbered
year, submit to the Congress a report assessing the impact of
this Act on the administration of elections for Federal office
during the preceding 2 calendar years and providing
recommendations for improvements in Federal and State
procedures, forms, and other matters affected by this Act.
SEC. 102. RESPONSIBILITY OF CHIEF STATE ELECTION OFFICIAL.
The chief State election official of each State shall be
responsible for coordination of State functions under this title.
SEC. 103. VOTER REGISTRATION ENHANCEMENT BLOCK GRANTS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General--
(1) for making grants under this section for fiscal years
1993, 1994, and 1995, a total of $25,000,000; and
(2) such additional sums as may be necessary for
administrative expenses of the Attorney General in carrying out
this title.
(b) Block Grants.--(1) From the amounts appropriated under
subsection (a) for any fiscal year, the Attorney General shall make
grants to States, through chief State election officials, for the
purposes of supporting, facilitating, and enhancing voter registration.
(2) To qualify for a grant under paragraph (1), a State shall match
any amount of Federal funds dollar for dollar with State funds for
voter registration enhancement activities, such as, but not limited
to--
(A) providing for voter registration for elections for
Federal office at State departments of motor vehicles; and
(B) providing for uniform and nondiscriminatory programs to
ensure that official voter registration lists are accurate and
current in each State.
(c) Allocation of Grants.--(1) The Attorney General shall by
regulation establish criteria for allocation of grants among States
based on--
(A) the number of residents of each State;
(B) the percentage of eligible voters in each State not
registered to vote; and
(C) other appropriate factors.
(2) In promulgating criteria pursuant to paragraph (1), the
Attorney General shall give special consideration to State-sponsored
programs designed to improve registration in counties with voter
registration percentages significantly lower than that for the State as
a whole.
(d) Administrative Requirements.--(1) The Attorney General shall by
regulation establish administrative requirements necessary to carry out
this section.
(2) To be eligible to receive a grant under this section, a State
shall certify that the State--
(A) has in place legislative authority and a plan to
implement procedures to promote and facilitate, to an extent
and in such manner as the Attorney General may deem adequate to
carry out the purposes of this title, voter registration for
Federal elections in connection with applications for driver's
licenses;
(B) agrees to use any amount received from a grant under
this section in accordance with the requirements of this
section;
(C) agrees that any amount received through a grant under
this section for any period will be used to supplement and
increase any State, local, or other non-Federal funds that
would, in the absence of the grant, be made available for the
programs and activities for which grants are provided under
this section and will in no event supplant such State, local,
and other non-Federal funds; and
(D) has established fiscal control and fund accounting
procedures to ensure the proper disbursement of, and accounting
for, grants made to the State under this section.
(3) The Attorney General may not prescribe for a State the manner
of compliance with the requirements of this subsection.
(e) Reports.--(1) The chief State election official of a State that
receives a grant under this section shall submit to the Attorney
General annual reports on its activities under this section.
(2) A report required by paragraph (1) shall be in such form and
contain such information as the Attorney General, after consultation
with chief State election officials, determines to be necessary to--
(A) determine whether grant amounts were expended in
accordance with this section;
(B) describe activities under this section; and
(C) provide a record of the progress made toward achieving
the purposes for which the block grants were provided.
SEC. 104. DEFINITIONS.
For the purpose of this title--
(1) the term ``chief State election official'' means, with
respect to a State, the officer, employee, or entity with
authority, under State law, for election administration in the
State;
(2) the term ``election'' has the meaning stated in section
301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C.
431(1));
(3) the term ``Federal office'' has the meaning stated in
section 301(3) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(3)); and
(4) the term ``State'' has the meaning stated in section
301(12) of the Federal Election Campaign Act of 1971 (2 U.S.C.
431(12)).
TITLE II--PUBLIC CORRUPTION
SEC. 201. ELECTION FRAUD AND OTHER PUBLIC CORRUPTION.
(a) Amendment of title 18 of the United States Code.--Chapter 11 of
title 18, United States Code, is amended by adding at the end thereof
the following new section:
``Sec. 226. Public corruption
``(a) Whoever, in a circumstance described in subsection (d),
defrauds, or endeavors to defraud, by any scheme or artifice, the
inhabitants of the United States, a State, a political subdivision of a
State, or Indian country of the honest services of an official or
employee of the United States or the State, political subdivision, or
Indian tribal government shall be fined under this title, imprisoned
for not more than 20 years, or both.
``(b) Whoever, in a circumstance described in subsection (d),
defrauds, or endeavors to defraud, by any scheme or artifice, the
inhabitants of the United States, a State, a political subdivision of a
State, or Indian country of a fair and impartially conducted election
process in any primary, runoff, special, or general election--
``(1) through the procurement, casting, or tabulation of
ballots that are materially false, fictitious, or fraudulent or
that are invalid, under the laws of the jurisdiction in which
the election is held;
``(2) through paying or offering to pay any person for
voting;
``(3) through the procurement or submission of voter
registrations that contain false material information, or omit
material information; or
``(4) through the filing of any report required to be filed
under State law regarding an election campaign that contains
false material information or omits material information,
shall be fined under this title, imprisoned for not more than 20 years,
or both.
``(c) Whoever, being a public official or an official or employee
of the United States, a State, a political subdivision of a State, or
an Indian tribal government, in a circumstance described in subsection
(d), defrauds or endeavors to defraud, by any scheme or artifice, the
inhabitants of the United States, a State, a political subdivision of a
State, or Indian country of the right to have the affairs of the United
States, the State, political subdivision, or Indian tribal government
conducted on the basis of complete, true, and accurate material
information, shall be fined under this title, imprisoned for not more
than 20 years, or both.
``(d) The circumstances referred to in subsections (a), (b), and
(c) are that--
``(1) for the purpose of executing or concealing such
scheme or artifice or attempting to do so, the person so
doing--
``(A) places in any post office or authorized
depository for mail matter, any matter or thing
whatever to be sent or delivered by the Postal Service,
or takes or receives therefrom, any such matter or
thing, or knowingly causes to be delivered by mail
according to the direction thereon, or at the place at
which it is directed to be delivered by the person to
whom it is addressed, any such matter or thing;
``(B) transmits or causes to be transmitted by
means of wire, radio, or television communication in
interstate or foreign commerce any writings, signs,
signals, pictures, or sounds;
``(C) transports or causes to be transported any
person or thing, or induces any person to travel in or
to be transported in, interstate or foreign commerce;
or
``(D) in connection with intrastate, interstate, or
foreign commerce, engages the use of a facility of
interstate or foreign commerce;
``(2) the scheme or artifice affects or constitutes an
attempt to affect in any manner or degree, or would if executed
or concealed so affect, interstate or foreign commerce; or
``(3) as applied to an offense under subsection (b), an
objective of the scheme or artifice is to secure the election
of an official who, if elected, would have some authority over
the administration of funds derived from an Act of Congress
totaling $10,000 or more during the 12-month period immediately
preceding or following the election or date of the offense.
``(e) Whoever defrauds or endeavors to defraud, by any scheme or
artifice, the inhabitants of the United States of the honest services
of a public official or person who has been selected to be a public
official shall be fined under this title, imprisoned for not more than
20 years, or both.
``(f) Whoever, being an official, public official, or person who
has been selected to be a public official, directly or indirectly
discharges, demotes, suspends, threatens, harasses, or in any manner
discriminates against an employee or official of the United States, a
State, a political subdivision of a State, or an Indian tribal
government, or endeavors to do so, in order to carry out or to conceal
any scheme or artifice described in this section, shall be fined under
this title, imprisoned for not more than 5 years, or both.
``(g) For the purposes of this section--
``(1) the term `official' includes--
``(A) any person employed by, exercising any
authority derived from, or holding any position in an
Indian tribal government or the government of a State
or any subdivision of the executive, legislative,
judicial, or other branch of government thereof,
including a department, independent establishment,
commission, administration, authority, board, and
bureau, and a corporation or other legal entity
established and subject to control by a government or
governments for the execution of a governmental or
intergovernmental program;
``(B) any person acting or pretending to act under
color of official authority; and
``(C) any person who has been nominated, appointed,
or selected to be an official or who has been
officially informed that such person will be so
nominated, appointed, or selected;
``(2) the terms `public official' and `person who has been
selected to be a public official' have the meanings stated in
section 201(a) and shall also include any person acting or
pretending to act under color of official authority;
``(3) the term `State' means a State of the United States,
the District of Columbia, Puerto Rico, and any other
commonwealth, territory, or possession of the United States;
and
``(4) the term `under color of official authority' includes
any person who represents that such person controls, is an
agent of, or otherwise acts on behalf of an official, a public
official, or a person who has been selected to be a public
official.''.
(b) Technical Amendments.--(1) The table of sections for chapter 11
of title 18, United States Code, is amended by adding at the end
thereof the following item:
``226. Public corruption.''.
(2) Section 1961(1) of title 18, United States Code, is amended by
inserting ``section 226 (relating to public corruption),'' after
``section 224 (relating to sports bribery),''.
(3) Section 2516(1)(c) of title 18, United States Code, is amended
by inserting ``section 226 (relating to public corruption),'' after
``section 224 (bribery in sporting contests),''.
SEC. 202. FRAUD IN INTERSTATE COMMERCE.
(a) Amendment of Title 18 of the United States Code.--Section 1343
of title 18, United States Code, is amended--
(1) by striking ``transmits or causes to be transmitted by
means of wire, radio, or television communication in interstate
or foreign commerce, any writings, signs, signals, pictures, or
sounds'' and inserting ``in connection with intrastate,
interstate, or foreign commerce, engages the use of a facility
of interstate or foreign commerce''; and
(2) by inserting ``or attempting to do so'' after ``for the
purpose of executing such scheme or artifice''.
(b) Technical Amendments.--(1) The heading of section 1343 of title
18, United States Code, is amended to read as follows:
``Sec. 1343. Fraud by use of facility of interstate commerce''.
(2) The chapter analysis for chapter 63 of title 18, United States
Code, is amended by striking the analysis for section 1343 and
inserting the following:
``1343. Fraud by use of facility of interstate commerce.''.
SEC. 203. PRESERVATION OF THE EFFECT OF STATE LAW THAT PROVIDES GREATER
PROTECTION AGAINST VOTE FRAUD.
In the case of any conflict between the provisions of this Act and
any provision of the civil or criminal law of any State, the law of the
State shall prevail to the extent that such State law provides for more
stringent suppression of vote fraud than this Act. | National Voter Registration Enhancement Act of 1993 -
Title I: Voter Registration Enhancement
- Authorizes appropriations to the Attorney General for block grants to States to enhance voter registration for elections for Federal office, including registration at State departments of motor vehicles.
Makes the Attorney General and the chief election officials of each State responsible for coordination of respective Federal and State functions.
Title II: Public Corruption
- Sets forth criminal penalties for using interstate commerce to defraud citizens of the honest services of government officials or for fraudulently conducted elections. | {"src": "billsum_train", "title": "National Voter Registration Enhancement Act of 1993"} | 3,440 | 116 | 0.566842 | 1.496172 | 0.613631 | 2.262136 | 31.747573 | 0.883495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle Class & Small Business Tax
Cut Act of 2012''.
SEC. 2. EXTENSION OF PAYROLL TAX REDUCTION.
(a) In General.--Subsection (c) of section 601 of the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is
amended by striking ``and 2012'' and inserting ``, 2012, and 2013''.
(b) Effective Date.--The amendments made by this section shall
apply to remuneration received, and taxable years beginning, after
December 31, 2012.
SEC. 3. EMPLOYER PAYROLL INCREASE CREDIT.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 6433. EMPLOYER PAYROLL INCREASE CREDITS.
``(a) In General.--Each qualified employer shall be treated as
having made a payment against the tax imposed by section 3111(a) or
section 3221(a), whichever is applicable, for each qualified quarter in
an amount equal to the credit amount.
``(b) Credit Amount.--For purposes of this section, the credit
amount with respect to any qualified quarter is equal to the 10 percent
of the qualified payroll increase of such employer for such qualified
quarter.
``(c) Dollar Limitation.--The total credit amount with respect to
any employer shall not exceed $500,000 for all qualified quarters.
``(d) Qualified Employer.--For purposes of this section, the term
`qualified employer' means any American employer other than the United
States, any State, or any instrumentality thereof.
``(e) Qualified Payroll Increase.--For purposes of this section--
``(1) In general.--The term `qualified payroll increase'
with respect to any qualified quarter means the amount, if any,
by which a qualified employer's qualified payroll for such
quarter exceeds the qualified payroll for such quarter of the
calendar year preceding the year in which such qualified
quarter falls.
``(2) Qualified payroll.--The term `qualified payroll'
means the amount of all wages (within the meaning of section
3121(a)) paid or incurred by a qualified employer to the
employees of such employer, except that, with respect to each
such employee for any quarter of the employer, such wages shall
be taken into account only to the extent that such wages do not
exceed the contribution and benefit base as determined under
section 230 of the Social Security Act.
``(3) Railway labor.--In the case of remuneration subject
to the tax imposed by section 3221(a), paragraph (1) shall be
applied by substituting `all compensation (within the meaning
of section 3231(e))' for `all wages (within the meaning of
section 3121(a))'.
``(4) Special rule for large employers.--In the case of an
employer that employs 100 or more employees during the
qualified quarter, no qualified payroll increase shall be taken
into account for such qualified quarter unless the qualified
payroll increase with respect to such qualified quarter exceeds
3 percent of the qualified payroll for such quarter of the
calendar year preceding the year in which such qualified
quarter falls.
``(f) Qualified Quarter.--For purposes of this section, the term
`qualified quarter' means--
``(1) the calendar quarter which includes the date of the
enactment of the Middle Class & Small Business Tax Cut Act of
2012, and
``(2) each of the 3 calendar quarters following such
quarter.
``(g) Definitions.--Except as provided in subsection (h)(1), any
term used in this section which is also used in section 3111 has the
same meaning as when used in such section.
``(h) Special Rules.--For purposes of this section--
``(1) Employee.--The term `employee' includes only
individuals who are citizens or lawful residents of the United
States who receive wages, remuneration, compensation, or tips
from an employer for work performed within a State or a
possession of the United States.
``(2) Maintenance of base employment requirement.--This
section shall not apply to any qualified employer for any
qualified quarter if the total number of employees of such
employer during such quarter is less than the total number of
such employees during the quarter preceding such quarter,
determined by not taking into account any employee who is a
seasonal employee during such preceding quarter.
``(3) Controlled groups.--All employers treated as a single
employer under section (a) or (b) of section 52 shall be
treated as a single employer for purposes of the dollar
limitation under subsection (c), except that any employer which
is not an American employer shall not be taken into account.
``(4) New employers.--
``(A) In general.--In the case of a qualified
employer which comes into existence after the date of
the enactment of the Middle Class & Small Business Tax
Cut Act of 2012 and before January 1, 2014--
``(i) the term `qualified quarter' means--
``(I) the first calendar quarter
for which such qualified employer is in
existence, and
``(II) each of the 3 quarters
following such quarter,
``(ii) the qualified payroll increase of
such employer for the quarter described in
clause (i)(I) shall be equal to the amount of
the employer's qualified payroll for such
quarter, and
``(iii) the qualified payroll increase of
such employer for any quarter described in
clause (i)(II) shall be the amount, if any, by
which the employer's qualified payroll for such
quarter exceeds the qualified payroll of the
quarter preceding such quarter.
``(B) Transition rule.--
``(i) In general.--In the case of a
qualified employer which comes into existence--
``(I) after the last day of the
calendar quarter which is 5 calendar
quarters before the date of the
enactment of the Middle Class & Small
Business Tax Cut Act of 2012, and
``(II) before such date of
enactment,
the qualified payroll increase of such employer
for any transition quarter shall be the amount,
if any, by which the employer's qualified
payroll for such quarter exceeds the qualified
payroll of the quarter preceding such quarter.
``(ii) Transition quarter.--For purposes of
clause (i), the term `transition quarter' means
a qualified quarter with respect to which the
qualified payroll increase cannot be determined
under subsection (e)(1) solely because the
employer was not in existence during such
quarter of the calendar year preceding the year
in which such qualified quarter falls.''.
(b) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 6433. Employer payroll increase credits.''.
(c) Notification.--Not later than 30 days after the date of the
enactment of this Act, the Commissioner of Internal Revenue shall
notify all employers required to withhold employment taxes under
chapter 21 or 22 of the Internal Revenue Code of 1986 of the enactment
and applicability of section 6433 of the Internal Revenue Code of 1986,
as added by this Act.
(d) Investigation and Report on Enforcement Actions.--Not later
than 6 months after the date of the enactment of this Act, and
quarterly thereafter, the Commissioner of Internal Revenue shall submit
a report to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives on the enforcement
measures taken to prevent and penalize fraud related to section 6433 of
the Internal Revenue Code of 1986, including such information as--
(1) general statistics related to the application of such
section,
(2) cases of fraud, and
(3) the status of investigatory and prosecutorial actions
related to such cases.
(e) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to calendar quarters beginning with the calendar quarter
which includes the date of the enactment of this Act. | Middle Class & Small Business Tax Cut Act of 2012 - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to extend through 2013 the reductions in employment and self-employment tax rates.
Amends the Internal Revenue Code to allow nongovernmental employers a credit against employment tax liability equal to 10% of the increase in any quarterly payroll over a payroll in a corresponding quarter in the previous calendar year. Limits the allowable amount of such credit to $500,000 for all quarters.
Directs the Commissioner of Internal Revenue to: (1) notify all employers required to withhold employment taxes of the enactment and applicability of the payroll increase tax credit, and (2) report to Congress on enforcement measures taken to prevent and penalize fraud related to such tax credit. | {"src": "billsum_train", "title": "A bill to extend the payroll tax holiday and to amend the Internal Revenue Code of 1986 to provide a temporary payroll increase tax credit for certain employees."} | 1,842 | 169 | 0.558195 | 1.476381 | 0.730044 | 3.52349 | 11.221477 | 0.879195 |
SECTION 1. REFERENCES TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, whenever in this Act an
amendment 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 that section or other provision of the Social Security Act.
SEC. 2. DEFINITION OF FUNCTIONALLY DISABLED ELDERLY INDIVIDUAL.
Section 1929(b)(1)(C) (42 U.S.C. 1396t(b)(1)(C)) is amended to read
as follows:
``(C) subject to section 1902(f) (as applied
consistent with section 1902(r)(2))--
``(i) is receiving supplemental security
income benefits under title XVI (or under a
State plan approved under title XVI), or
``(ii) at the option of the State--
``(I) is described in section
1902(a)(10)(C), or
``(II) has income (as determined
under section 1612 for purposes of the
supplementary security income program)
that does not exceed three times the
maximum amount of income that an
individual may have and obtain benefits
under such program.''.
SEC. 3. DETERMINATIONS OF FUNCTIONAL DISABILITY.
Section 1929(c)(1) (42 U.S.C. 1396t(c)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``3'' and inserting ``5'', and
(B) by striking ``toileting, transferring, and
eating; or'' and inserting ``bathing, dressing,
toileting, transferring, and eating;'',
(2) in subparagraph (B)--
(A) by striking ``of the following 5 activities of
daily living: bathing, dressing, toileting,
transferring, and eating'' and inserting ``of the 5
activities of daily living described in subparagraph
(A)'', and
(B) by striking the period at the end and inserting
``; or'', and
(3) by adding at the end the following new subparagraph:
``(C) needs substantial supervision due to
cognitive or other mental impairment resulting in
behaviors that are dangerous (to the individual or
others), disruptive, or difficult to manage.''.
SEC. 4. LIMITATION ON PARTICIPATION OF STATES IN PROGRAM.
(a) In General.--Section 1929(m) (42 U.S.C. 1396t(m)) is amended--
(1) by redesignating paragraphs (2), (3), and (4), as
paragraphs (3), (4), and (5), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Participation of states.--
``(A) Applications by states.--Each State desiring
to provide home and community care under this section
shall submit an application to the Secretary at such
time and in such manner as the Secretary determines
appropriate.
``(B) Criteria for selection of participating
states.--The Secretary shall develop criteria to review
the applications of States submitted under this section
to provide home and community care.
``(C) Limit on number of participating states.--The
Secretary shall select no more than 25 States to
receive Federal financial participation for providing
home and community care.''.
(b) Conforming Amendments.--Section 1929 (42 U.S.C. 1396t) is
amended--
(1) in subsection (b)(2)(A)(i), by striking ``election''
and inserting ``selection under subsection (m)(2)'';
(2) in subsection (b)(2)(B), by striking ``a State'' and
inserting ``a State selected to provide home and community
care'';
(3) in subsection (b)(3), by striking ``a State'' and
inserting ``a State selected to provide such care'';
(4) in subsection (c)(2)(A), by striking ``has elected''
and inserting ``is selected'';
(5) in subsection (c)(2)(G), by striking ``which elects''
and inserting ``which is selected'';
(6) in subsection (d)(3), by striking ``which elects'' and
inserting ``which is selected'';
(7) in subsection (i)(1)(A), by striking ``under this
title'' and inserting ``under this title of a State which is
selected to provide home and community care under this
section'';
(8) in subsection (i)(3)(A), by striking ``each State's''
and inserting ``a State's'';
(9) in subsection (i)(3)(D)--
(A) by striking ``each State'' and inserting ``each
State which is selected to provide home and community
care under this section''; and
(B) by striking ``each State's'' and inserting
``each such State's'';
(10) in subsection (i)(4), by striking ``Each State'' and
inserting ``Each State which is selected to provide home and
community care under this section'';
(11) in subsection (i)(6)(A), by striking ``Each State''
and inserting ``Each State which is selected to provide home
and community care under this section'';
(12) in subsection (i)(6)(C), by striking ``Each State''
and inserting ``Each State which is selected to provide home
and community care under this section'';
(13) in subsection (j)(1)(B)(i), by striking ``Each State''
and inserting ``Each State which is selected to provide home
and community care under this section'';
(14) in subsection (j)(1)(B)(ii), by striking ``which
elects'' and inserting ``which is selected''; and
(15) in paragraph (5) of subsection (m), by striking
``paragraph (2)'' and inserting ``paragraph (3)''.
SEC. 5. LIMITATION ON NUMBER OF INDIVIDUALS ELIGIBLE TO PARTICIPATE.
Section 1929(m)(3) (42 U.S.C. 1396t(m)(3)), as redesignated, is
amended by striking ``, without regard to the amount of funds available
to the State under paragraph (1).''. and inserting ``. If a State
determines that the amount of funds available to such State under
paragraph (1) is insufficient to serve all individuals described in
subsection (b), such State may, at any time during an election period,
limit the number of individuals who will receive home and community
care under this section.''.
SEC. 6. APPLICATION OF SPOUSAL IMPOVERISHMENT RULES UNDER MEDICAID TO
SPOUSES OF INDIVIDUALS RECEIVING HOME OR COMMUNITY-BASED
SERVICES.
Section 1924(h)(1)(A) (42 U.S.C. 1396r-5(h)(1)(A)) is amended to
read as follows:
``(A)(i) is in a medical institution or nursing
facility; or
``(ii) is described in section
1902(a)(10)(A)(ii)(VI) (except that for purposes of
subsection (d), such term shall include such individual
only if the State elects to apply such subsection to
the individual); and''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall be effective on the date of
the enactment of this Act. | Amends title XIX (Medicaid) of the Social Security Act with respect to the home- and community-based care program to: (1) revise income and disability eligibility requirements; (2) limit the number of States which may participate in such program; (3) permit States to limit the number of individuals who may receive program services; and (4) revise application of Medicaid spousal impoverishment rules to spouses of individuals receiving program services. | {"src": "billsum_train", "title": "A bill to amend title XIX of the Social Security Act to improve the program related to home and community based care."} | 1,735 | 97 | 0.398175 | 1.002704 | 0.258382 | 2.209302 | 17.046512 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Costal Homeowners Assistance Act''.
SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR HURRICANE MITIGATION
PROPERTY.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. HURRICANE MITIGATION PROPERTY.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
chapter an amount equal to 25 percent of the qualified hurricane
mitigation property expenditures made by the taxpayer during the
taxable year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed under subsection
(a) shall not exceed the excess (if any) of $5,000 over the
aggregate credits allowed under this section with respect to
such taxpayer for all prior taxable years.
``(2) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section and section 23) for
the taxable year.
``(c) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any taxpayer whose principal residence is a
qualified dwelling unit located in--
``(1) an area determined by the President to warrant
individual or individual and public assistance from the Federal
Government under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of 1 or more hurricanes
during 2004 or 2005, or
``(2) a county located in a State which borders the
Atlantic Ocean or the Gulf of Mexico.
``(d) Qualified Hurricane Mitigation Property Expenditures.--For
purposes of this section--
``(1) In general.--The term `qualified hurricane mitigation
property expenditures' means an expenditure for property--
``(A) to improve the strength of a roof deck
attachment,
``(B) to create a secondary water barrier to
prevent water intrusion,
``(C) to improve the durability of a roof covering,
``(D) to brace gable-end walls,
``(E) to reinforce the connection between a roof
and supporting wall,
``(F) to protect openings from penetration by
windborne debris,
``(G) to protect exterior doors and garages, or
``(H) to achieve such other mitigation purposes as
prescribed in regulations by the Secretary after
consultation with the Administrator of the Federal
Emergency Management Agency,
in the principal residence of the taxpayer.
``(2) Limitation.--An expenditure shall be taken into
account in determining the qualified hurricane mitigation
property expenditures made by the taxpayer during the taxable
year only if the onsite preparation, assembly, or original
installation of the property with respect to which such
expenditure is made has been completed in a manner that is
deemed to be adequate by a State-certified inspector.
``(3) Labor costs.--Expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of the property described in paragraph (1) shall
be taken into account in determining the qualified hurricane
mitigation property expenditures made by the taxpayer during
the taxable year.
``(4) Inspection costs.--Expenditures for inspection costs
properly allocable to the inspection of the preparation,
assembly, or installation of the property described in
paragraph (1) shall be taken into account in determining the
qualified hurricane mitigation property expenditures made by
the taxpayer during the taxable year.
``(e) Other Definitions.--For purposes of this section--
``(1) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(2) Qualified dwelling unit.--The term `qualified
dwelling unit' means a dwelling unit that is assessed at a
value that is less than $1,000,000 by the locality in which
such dwelling unit is located and with respect to the taxable
year for which the credit described in subsection (a) is
allowed.''.
(b) Conforming Amendments.--
(1) Section 24(b)(3)(B) of the Internal Revenue Code of
1986 is amended by striking ``and 25B'' and inserting ``, 25B,
and 25E''.
(2) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``25E,'' after ``25D,''.
(3) Section 25B(g)(2) of such Code is amended by striking
``section 23'' and inserting ``sections 23 and 25E''.
(4) Section 25D(c)(2) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25E''.
(5) Section 26(a)(1) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25E''.
(6) Section 904(i) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25E''.
(7) Section 1400C(d)(2) of such Code is amended by striking
``and 25D'' and inserting ``25D, and 25E''.
(c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Hurricane mitigation property.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. CREDIT FOR HOME INSURANCE PREMIUM INCREASES.
(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by chapter 1
of the Internal Revenue Code of 1986 for the first taxable year after
the date of the enactment of this section an amount equal to 50 percent
of the qualified homeowners insurance premium increases.
(b) Maximum Credit.--The credit allowed under subsection (a) shall
not exceed $5,000.
(c) Eligible Individual.--For purposes of this section, the term
``eligible individual'' means any taxpayer--
(1) whose principal residence, as of the last day of the
taxable year, is a qualified dwelling unit located in--
(A) an area determined by the President to warrant
individual or individual and public assistance from the
Federal Government under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act by reason
of 1 or more hurricanes during 2004 or 2005, or
(B) a county--
(i) located in a State which borders the
Atlantic Ocean or the Gulf of Mexico, and
(ii) which is determined by the Secretary
to have experienced a higher than average
increase in premiums for homeowners insurance
during 2004, 2005, or 2006 due to hurricane
risk, and
(2) whose principal residence, as of the applicable date,
was located--
(A) in an area or county described in paragraph
(1), and
(B) within 100 miles of such taxpayer's principal
residence as of the last day of the taxable year.
(d) Qualified Homeowners Insurance Premium Increase.--For purposes
of this section--
(1) In general.--The term ``qualified homeowners insurance
premium increase'' means, with respect to any eligible
individual, the amount equal to the qualifying percentage of
the premium for homeowners insurance in effect on the third
policy anniversary date following the applicable date.
(2) Qualifying percentage.--The term ``qualifying
percentage'' means the amount equal to the excess (expressed in
percentage points) of--
(A) the increase in the premium for homeowners
insurance of the eligible individual between the date
of the last policy anniversary before the applicable
date and the third policy anniversary date following
the applicable date, over
(B) a 100 percent increase in the premium for such
homeowners insurance between the same dates.
(e) Other Definitions.--For purposes of this section--
(1) Applicable date.--The term ``applicable date'' means--
(A) with respect to any individual whose principal
residence is located in an area described in subsection
(c)(1)(A), the day before the determination described
in such subsection, and
(B) with respect to any individual whose principal
residence is located in a county described in
subsection (c)(1)(B), September 1, 2005.
(2) Homeowners insurance.--The term ``homeowners
insurance'' means any insurance covering a principal residence.
Such term includes coverage of a principal residence with
respect to wind damage through a State-run wind pool.
(3) Principal residence.--The term ``principal residence''
has the same meaning as when used in section 121 of the
Internal Revenue Code of 1986.
(4) Qualified dwelling unit.--The term ``qualified dwelling
unit'' means a dwelling unit that is assessed at a value that
is less than $1,000,000 by the locality in which such dwelling
unit is located and with respect to the taxable year for which
the credit described in subsection (a) is allowed.
(f) Credit Treated as Personal Nonrefundable Credit.--
(1) In general.--The credit allowed under this section
shall be treated as a credit allowed under subpart A of part IV
of subchapter A of chapter 1 of the Internal Revenue Code of
1986.
(2) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) of such Code does not
apply, the credit allowed under this section for any taxable
year shall not exceed the excess of--
(A) the sum of the regular tax liability (as
defined in section 26(b) of such Code) plus the tax
imposed by section 55 of such Code, over
(B) the sum of the credits allowable under such
subpart A (other than this section and section 23 of
such Code) for the taxable year.
(3) Carryforward of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed under
section 26(a) of the Internal Revenue Code of 1986 for the
taxable year reduced by the sum of the credits allowable under
subpart A of part IV of subchapter A of chapter 1 of such Code,
or, if applicable, the limitation under paragraph (2), such
excess shall be carried to the succeeding taxable year and
allowable as a credit under such subpart for such succeeding
taxable year. | Costal [sic] Homeowners Assistance Act - Amends the Internal Revenue Code to allow tax credits for: (1) 25% of the qualified hurricane mitigation property expenditures incurred by a homeowner in a federally declared hurricane disaster area or in a county located in a state which borders the Atlantic Ocean or the Gulf of Mexico, up to $5,000; and (2) 50% of the increases in homeowner insurance premiums in such disaster areas, up to $5,000. Includes within the definition of "qualified hurricane mitigation property expenditures" expenditures to improve the strength of a roof deck attachment, create a secondary water barrier, improve the durability of a roof covering, or protect exterior doors and garages. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a credit for hurricane mitigation expenditures, and to provide a credit for the increased insurance premiums of certain homeowners as a result of hurricane events."} | 2,444 | 147 | 0.53323 | 1.515795 | 0.651829 | 3.443609 | 16.518797 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blue Collar Computing and Business
Assistance Act of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Computational science, the use of advanced computing
capabilities to understand and solve complex problems,
including the development of new products and processes, is now
critical to scientific leadership, economic competitiveness,
and national security.
(2) Advances in computational science and high performance
computing provide a competitive advantage because they allow
businesses to run faster simulations of complex systems or to
develop more precise computer models.
(3) The Federal Government is one of the investors in
research aimed at the development of new computational science
and high-performance computing capabilities.
(4) As determined by the Council on Competitiveness, the
Nation's small businesses and manufacturers must ``Out Compute
to Out Compete''. However, new computational science
technologies are not being transferred effectively from the
research organizations to small businesses and manufacturers.
(5) Small businesses and manufacturers are especially well-
positioned to benefit from increased availability and
utilization of high-performance computing technologies and
software.
(6) Current cost and technology barriers associated with
high-performance computing and software algorithms often
inhibit small businesses and manufacturers from successfully
making use of these technologies.
(7) The establishment of an advanced multidisciplinary
computing software institute will help make existing high
performance computing resources more accessible to small
businesses and manufacturers. This will create new
opportunities for economic growth, jobs, and product
development.
(b) Purpose.--The purpose of this Act is to provide grants for the
creation of an Advanced Multidisciplinary Computing Software Institute
that will--
(1) develop and compile high-performance computing software
and algorithms suitable for applications in small business and
manufacturing;
(2) effectively carry out the transfer of new computational
science and high-performance computing technologies to small
businesses and manufacturers; and
(3) actively assist small businesses and manufacturers in
utilizing such technologies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advanced multidisciplinary computing software center;
center.--The term ``Advanced Multidisciplinary Computing
Software Center'' or ``Center'' is a center created by an
eligible entity with a grant awarded under section 4.
(2) Advanced multidisciplinary computing software
institute.--The term ``Advanced Multidisciplinary Computing
Software Institute'' means a network of up to 5 Advanced
Multidisciplinary Computing Software Centers located throughout
the United States.
(3) Nonprofit organization.--The term ``nonprofit
organization'' means any organization if such organization is
described in section 501(c)(3) of the Internal Revenue Code of
1986 and is exempt from tax under section 501(a) of such Code.
(4) Small business or manufacturer.--The term ``small
business or manufacturer'' means a small business concern as
that term is defined by section 3(a) of the Small Business Act
(15 U.S.C. 632(a)), including a small manufacturing concern.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Technology of the Department of
Commerce.
SEC. 4. GRANTS.
(a) In General.--The Under Secretary of Technology of the
Department of Commerce shall award grants to establish up to 5 Advanced
Multidisciplinary Computing Software Centers at eligible entities
throughout the United States. Each Center shall--
(1) conduct general outreach to small businesses and
manufacturers in all industry sectors within a geographic
region assigned by the Under Secretary; and
(2) conduct technology transfer, development, and
utilization programs relating to a specific industry sector,
for all firms in that sector nationwide, as assigned by the
Under Secretary.
(b) Eligible Entities.--For the purposes of this section, an
eligible entity is any--
(1) nonprofit organization;
(2) consortia of nonprofit organizations; or
(3) partnership between a for-profit and a nonprofit
organization.
(c) Application.--
(1) In general.--Each eligible entity that desires to
receive a grant under this Act shall submit an application to
the Under Secretary, at such time, in such manner, and
accompanied by such additional information as the Under
Secretary may reasonably require.
(2) Publication in federal register.--The Under Secretary
shall publish the requirements described in paragraph (1) in
the Federal Register no later than 6 months after the date of
the enactment of this Act.
(3) Contents.--Each application submitted pursuant to
paragraph (1) shall include the following:
(A) An application that conforms to the
requirements set by the Under Secretary under paragraph
(1).
(B) A proposal for the allocation of the legal
rights associated with any invention that may result
from the activities of the proposed Center.
(4) Selection criteria.--Each application submitted under
paragraph (1) shall be evaluated by the Under Secretary on the
basis of merit review. In carrying out this merit review
process, the Under Secretary shall consider--
(A) the extent to which the eligible entity--
(i) has a partnership with nonprofit
organizations, businesses, software vendors,
and academia recognized for relevant expertise
in their selected industry sector;
(ii) makes use of State-funded academic
supercomputing centers and universities or
colleges with expertise in the computational
needs of the industry assigned to the eligible
entity under subsection (a)(1);
(iii) has a history of working with
businesses;
(iv) has experience providing educational
programs aimed at helping organizations adopt
the use of high-performance computing and
computational science;
(v) has partnerships with education or
training organizations that can help educate
future workers on the application of
computational science to industry needs;
(vi) is accessible to businesses, academia,
incubators, or other economic development
organizations via high-speed networks; and
(vii) is capable of partnering with small
businesses and manufacturers for the purpose of
enhancing the ability of such entities to
compete in the global marketplace;
(B) the ability of the eligible entity to enter
successfully into collaborative agreements with small
businesses and manufacturers in order to experiment
with new high performance computing and computational
science technologies; and
(C) such other factors as identified by the Under
Secretary.
(d) Amount.--A grant awarded under this section shall not exceed
$5,000,000 for any year of the grant period.
(e) Duration.--
(1) In general.--Except for a renewal under paragraph (2),
the duration of any grant awarded under subsection (a) may not
exceed 5 years.
(2) Renewal.--Any grant awarded under subsection (a) may be
renewed at the discretion of the Under Secretary.
(f) Matching Requirement.--
(1) In general.--An eligible entity that receives a grant
under subsection (a) shall provide at least 50 percent of the
capital and annual operating and maintenance funds required to
create and maintain a Center.
(2) Funding from other federal, state, or local government
agencies.--The funds provided by the eligible entity under
paragraph (1) may consist of amounts received by the eligible
entity from a Federal department or agency, other than the
Department of Commerce, or a State or local government agency.
(g) Limitation on Administrative Expenses.--The Under Secretary may
establish a reasonable limitation on the portion of each grant awarded
under subsection (a) that may be used for administrative expenses or
other overhead costs.
(h) Fees and Alternative Funding Sources Authorized.--
(1) In general.--A Center established pursuant to this Act
may, according to regulations established by the Under
Secretary--
(A) collect a nominal fee from a small business or
manufacturer for a service provided pursuant to this
Act, if such fee is utilized for the budget and
operation of the Center; and
(B) accept funds from any other Federal department
or agency for the purpose of covering capital costs or
operating budget expenses.
(2) Condition.--Any Center that is supported with funds
that originally came from a Federal department or agency, other
than the Department of Commerce, may be selected, and if
selected shall be operated, according to the provisions of this
section.
SEC. 5. USE OF FUNDS.
An eligible entity that receives a grant under section 4(a) shall
use the funds for the benefit of businesses in the industry sector
designated by the Under Secretary under such subsection, and the
eligible entity shall use such funds to--
(1) create a repository of nonclassified, nonproprietary
new and existing federally-funded software and algorithms;
(2) test and validate software in the repository;
(3) determine when and how the industry sector it serves
could benefit from resources in the repository;
(4) work with software vendors to commercialize repository
software and algorithms from the repository;
(5) make software available to small businesses and
manufacturers where it has not been commercialized by a
software vendor;
(6) help software vendors, small businesses, and
manufacturers test or utilize the software on high-performance
computing systems; and
(7) maintain a research and outreach team that will work
with small businesses and manufacturers to aid in the
identification of software or computational science techniques
which can be used to solve challenging problems, or meet
contemporary business needs of such organizations.
SEC. 6. REPORTS AND EVALUATIONS.
(a) Report.--Each eligible entity who receives a grant under
section 4(a) shall submit to the Under Secretary on an annual basis, a
report describing the goals of the Center established by the eligible
entity and the progress the eligible entity has achieved towards
meeting the purposes of this Act.
(b) Evaluation.--The Under Secretary shall establish a peer review
committee, consisting of representatives from industry and academia, to
review the goals and progress made by each Center during the grant
period.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$25,000,000 for each of the fiscal years 2007, 2008, 2009, 2010, and
2011 to carry out the provisions of this Act.
(b) Availability.--Funds provided for the establishment and
operation of Centers under this Act shall remain available until
expended. | Blue Collar Computing and Business Assistance Act of 2006 - Directs the Under Secretary of Technology of the Department of Commerce to award grants to establish up to five Advanced Multidisciplinary Computing Software Centers at eligible entities (any nonprofit, consortia of nonprofits, or partnership between a for-profit and a nonprofit) throughout the United States.
Requires each Center to conduct: (1) general outreach to small businesses and manufacturers in all industry sectors within a geographic region assigned by the Under Secretary; and (2) technology transfer, development, and utilization programs related to a specific industry sector for all firms in that sector nationwide. | {"src": "billsum_train", "title": "A bill to require the Under Secretary of Technology of the Department of Commerce to establish an Advanced Multidisciplinary Computing Software Institute."} | 2,137 | 130 | 0.567878 | 1.898483 | 0.590531 | 5.228814 | 17.847458 | 0.957627 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Library Trust Fund
Act''.
SEC. 2. UNITED STATES LIBRARY TRUST FUND.
(a) Designation of Overpayments and Contributions for United States
Library Trust Fund.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR UNITED
STATES LIBRARY TRUST FUND
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--In the case of an individual, with respect to
each return of the taxpayer for the taxable year of the tax imposed by
chapter 1, such taxpayer may designate that--
``(1) $1 of any overpayment of tax for such taxable year,
and
``(2) any cash contribution which the taxpayer includes
with such return,
shall be paid over to the United States Library Trust Fund in
accordance with the provisions of section 9512. In the case of a joint
return with respect to which an overpayment of $2 or more is due, each
spouse may designate that $1 shall be paid to such trust fund.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that such designation shall be made
either on the first page of the return or on the page bearing the
taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as being refunded to the taxpayer as of the last
date prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions).''
(b) Creation of Trust Fund.--Subchapter A of chapter 98 of such
Code is amended by adding at the end the following new section:
``SEC. 9512. UNITED STATES LIBRARY TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `United States
Library Trust Fund', consisting of such amounts as may be credited or
paid to such trust fund as provided in section 6097.
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the United States Library Trust Fund amounts equivalent to--
``(1) the amounts of the overpayments of tax to which
designations under section 6097 apply, and
``(2) the amounts of contributions made under such section
to such trust fund.
``(c) Expenditures From Trust Fund.--Amounts in the United States
Library Trust Fund shall be available, as provided in appropriation
Acts, only for purposes of making expenditures to carry out section 3
of the United States Library Trust Fund Act.''
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``Part IX. Designation of overpayments
and contributions for United
States Library Trust Fund.''
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. United States Library Trust
Fund.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. GRANTS TO LIBRARIES.
(a) Eligibility of Public Libraries and Public School Libraries.--A
public library or public school library is eligible to receive a grant
under this section from the United States Library Trust Fund
established pursuant to section 9512 of the Internal Revenue Code of
1986 for any fiscal year by submitting an application to the Office of
Library Services that includes--
(1) certification that the library does not have the
financial resources available to purchase new books or
collections;
(2) assurances that funds received under this section will
be used only to purchase materials for the library;
(3) assurances that funds received under this section will
be used to supplement, not supplant, other funds received by
such library; and
(4) an agreement to make available any financial records
that the Office of Library Services may need for audit
purposes.
(b) Grant Selection.--The Office of Library Services shall select
the number of grant awards made under this section and the amount of
each such award based upon economic need in accordance with regulations
published by the Office. | United States Library Trust Fund Act - Amends the Internal Revenue Code to allow an individual taxpayer to designate that one dollar of any tax overpayment and any cash contribution shall be paid to the United States Library Trust Fund. Establishes the Fund. Provides for grants to applying public libraries and public school libraries, to be used to purchase materials for the libraries, with the grantees selected by the Office of Library Services. | {"src": "billsum_train", "title": "United States Library Trust Fund Act"} | 1,124 | 90 | 0.527561 | 1.237171 | 0.476923 | 2.725 | 12.8375 | 0.85 |
SECTION 1. EMPLOYER REDUCTIONS.
(a) In General.--An employer planning a reduction in operations at
a workplace shall provide written notice to all of the following:
(1) All employees of the employer who are employed at the
affected workplace.
(2) The labor organization which represents those employees
for collective bargaining, if such an organization exists.
(3) The elected officials of the community in which the
affected workplace is located.
(4) The Secretary of Labor.
(b) Giving of Notice.--The notice required by subsection (a) shall
be given not less than 3 months before the actual reduction in
operations is effected, unless the provisions of any bona fide
collective bargaining agreement covering the affected workplace
requires a longer advance notification period, in which case the
provisions of the collective bargaining agreement shall take
precedence.
(c) Notice Content.--The notice required by subsection (a) shall
contain the following:
(1) The name, location, and nature of the workplace
affected by the planned reduction in operations.
(2) The reasons for the reduction in operations.
(3) An estimate of the duration of the reduction in
operations.
(4) The number of employees to be affected by the planned
reduction in operations.
(5) A description of rights and benefits relating to due
process, seniority, and severance pay that are guaranteed to
employees under collective bargaining agreements or the
personnel policies of the employer in the event of a reduction
in operations.
(d) Application.--The notice required by subsection (a) shall not
apply--
(1) if any unforeseen event causes a reduction in
operations;
(2) to reductions in operations resulting solely from labor
disputes;
(3) to reductions in operations that occur in any of the
commercial, industrial, or agricultural enterprises operated by
a State or any of its political subdivisions;
(4) to reductions in operations that occur at construction
sites or other workplaces that were never intended as other
than a temporary or seasonal workplace;
(5) to reductions in operations resulting from seasonal
factors that are determined by the Secretary of Labor to be
customary in the industry of which the employer is a part; and
(6) to reductions in operations resulting from any employer
who has filed for bankruptcy in accordance with Federal
bankruptcy laws.
SEC. 2. ACTION BY THE SECRETARY OF LABOR.
When a reduction in operations will result from a complete
workplace closure or relocation, not later than 130 days after receipt
of the notice of a reduction in operations under section 1, the
Secretary of Labor, with the assistance of State agencies as necessary
or appropriate, shall do the following:
(1) Coordinate all State government services for the
alleviation of the economic distress suffered by displaced
workers.
(2) When the reduction in operations will result from a
workplace closure or relocation, complete an initial study of
the feasibility of establishing a community-owned, employee-
owned, or jointly owned business to continue operations at the
workplace.
SEC. 3. ACTION BY EMPLOYER.
An employer planning to effect a reduction in operations at a
workplace, after giving notice of the reduction in operations as
required by section 1, shall do the following:
(1) When the reduction in operations is a complete closure
or relocation of the workplace, make a good faith offer of sale
at fair market value of the workplace, equipment, and inventory
to the community in which the workplace is located, or to an
organization of the employees of the workplace which singly or
in combination attempts to form a community-owned, employee-
owned, or jointly owned business at the workplace to be closed
or relocated. Any offer made under this paragraph shall not be
withdrawn earlier than the 50th day after the community and employee
organization officials have been notified in writing by the employer of
the assistance available under section 5.
(2) Sales under paragraph (1) shall be predicated on the
continued compliance with the provisions of any bona fide
collective bargaining agreement covering the workplace to be
closed or relocated. If the collective bargaining agreement at
the workplace to be closed has expired, or will expire during
the 1-year period after notification of the complete closure or
relocation, the prospective buyer shall agree, as a condition
for sale, to bargain in good faith with employee
representatives at the workplace to be closed.
SEC. 4. REDUCTION IN OPERATIONS IN EFFECT.
When a reduction in operations takes effect, the employer shall
provide a choice of the following benefits to each affected employee:
(1)(A) Permanent preference rights in hiring and employment
at other workplaces of the employer and, when the employee
accepts employment at another workplace, vacation benefits, and
health, welfare, and pension benefits earned while previously
employed by the employer.
(B) Severance pay benefits equal to one week's wages for
each completed year of service up to the date of termination,
computed on the basis of 40 straight time hours at the
employee's regular wage rate. A bonus of 1 week of pay shall be
paid for each 5 years of service up to the termination date in
addition to 1 week's pay per year of service up to the
termination date. In no case shall any affected employee
receive severance pay benefits for less than 3 weeks of wages
computed on the basis of 40 straight time hours at the
employee's regular wage rate.
(2) When the employee accepts a transfer to a workplace of
the employer which is 40 miles or more from the employee's
residence, payment for the movement of normal household goods,
reimbursement for the reasonable one-way transportation costs
for the employee and the employee's dependents to the new
residence, and reimbursement for reasonable legal fees and
other fees and closing costs associated with purchase or rental
of a new residence up to a maximum of $500.
(3) Employers shall give the affected employees 30 days to
choose between the severance pay benefits and preference rights
benefits. If, at the end of 30 days, an affected employee has
failed to choose 1 of the 2 options, the employer may assign
one of the options to that affected employee.
(4) In all cases of a reduction in operation, the employer
shall maintain a continuation of the employer's share of
premiums and contributions for any employee health and
insurance benefit plans in effect at the start of the reduction
in operations for one year, or until the employee becomes
eligible for health and insurance benefits as a result of
reemployment, whichever is sooner.
(5) The terms of a lawful collective bargaining agreement
shall prevail over any provision of this Act with which they
conflict.
SEC. 5. TECHNICAL ASSISTANCE.
The Secretary of Labor shall provide the following technical
assistance upon request of employees or communities adversely affected
by reductions in operations:
(1) Conducting informational meetings for employees,
employee organizations, and community organizations about the
advantages and disadvantages of community-owned businesses and
about the services and technical assistance available through
the Secretary of Labor.
(2) Evaluation of the feasibility and economic viability of
a proposed community-owned business, based on the results of
the study described in section 2.
(3) Technical assistance as needed to community groups.
SEC. 6. ENFORCEMENT.
The Secretary of Labor shall enforce this Act. The Secretary may
issue subpoenas, subpoenas duces tecum, administer oaths, obtain
evidence, and take testimony in all matters relating to the
requirements of this Act.
SEC. 7. PENALTIES.
(a) Civil Penalty.--An employer that fails to provide notice of a
planned reduction in operations as required under section 1 shall be
liable to the United States for a civil penalty of not more than $1,000
for each affected employee.
(b) Civil Penalty Order.--When an order assessing a civil penalty
becomes final by operation of law or on appeal, unless the amount of
the penalty is paid within 10 days after the order becomes final, it
constitutes a judgment and may be filed with the county clerk in any
State. The clerk shall thereupon record the name of the person
incurring the penalty and the amount of the penalty in the judgment
docket. The penalty provided in the order so docketed shall become a
lien upon the title to any interest in property owned by the person
against whom the order is entered, and execution may be issued upon the
order in the same manner as execution upon the judgment of a court of
record.
(c) Civil Actions Against Employers.--(1) Any employer that fails
to provide notice of a planned reduction in operations as required
under section 1 shall be liable to each aggrieved employee who suffers
an employment loss as a result of such failure for--
(A) back pay for each day of violation at a rate of
compensation not less than the higher of--
(i) the average regular rate received by such
employee during the last 3 years of the employee's
employment; or
(ii) the final regular rate received by such
employee; and
(B) benefits under an employee benefit plan described in
section 3(3) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(3)), including the cost of medical
expenses incurred during the employment loss which would have
been covered under an employee benefit plan if the employment
loss had not occurred.
Such liability shall be calculated for the period of the violation, up
to a maximum of 60 days, but in no event for more than one-half the
number of days the employee was employed by the employer.
(2) The amount for which an employer is liable under paragraph (1)
shall be reduced by--
(A) any wages paid by the employer to the employee for the
period of the violation;
(B) any voluntary and unconditional payment by the employer
to the employee that is not required by any legal obligation;
and
(C) any payment by the employer to a third party or trustee
(such as premiums for health benefits or payments to a defined
contribution pension plan) on behalf of and attributable to the
employee for the period of the violation.
In addition, any liability incurred under paragraph (1) with respect to
a defined benefit pension plan may be reduced by crediting the employee
with service for all purposes under such a plan for the period of the
violation.
SEC. 8. DEFINITIONS.
As used in this Act:
(1) The term ``affected employee'' means any employee who
has been an employee for at least 13 weeks during the preceding
52 weeks at a workplace and whose employment is terminated by a
reduction in operations at that workplace.
(2) The term ``employer'' means any business enterprise
that employs 100 or more employees, excluding part-time
employees, or 100 or more employees who in the aggregate work
at least 4000 hours per week (exclusive of hours of overtime).
(3) The term ``community'' means, for any particular
employer, the city in which the employer is located or, if not
located in a city, the county in which the employer is located.
(4) The term ``community-owned business'' means a business
which is either of the following:
(A) At least 51 percent owned by a not-for-profit
corporation established primarily for the purpose of
advancing the economic development of the community, as
defined in paragraph (3), provided that the majority of
the members of the controlling board of directors of
the not-for-profit corporation shall be comprised of
elected representatives of the community.
(B) At least 51 percent owned by the city or county
in which the workplace of the employer is located and
which is controlled by the electorate of the city or
county through elected officials or an elected or
appointed board of directors.
(5) The term ``reductions in operations'' means either the
transfer of any part of an employer's operation from one
workplace to another existing or proposed site, or the shutting
down of a workplace or any part of a workplace so as to reduce
the number of employees at the workplace being shut down or
relocated by at least 25 percent or 15 employees, whichever is
greater, over any 3-month period.
(6) The term ``taxing districts'' means any city, county,
or special district permitted by law to tax employers with
workplaces located within its boundaries.
(7) The term ``workplace'' means any factory, plant,
office, or other facility where an employer has hired employees
to produce goods or provide services.
(8) The term ``employee-owned business'' means a employer
owned entirely by the employees of the employer and controlled
by those employees or by a board of directors selected by those
employees.
(9) The term ``jointly-owned business'' means a employer
owned jointly by a city or county and the employees of the
employer and controlled by a board of directors selected by the
city, county, or employees. | Requires employers of 100 or more employees who are planning a reduction in operations at a workplace to give written notice meeting specified requirements to: (1) all their employees at the affected workplace; (2) the labor organization representing those employees for collective bargaining; (3) the elected officials of the community in which the affected workplace is located; and (4) the Secretary of Labor.
Directs the Secretary, when a reduction in operations will result from a complete workplace closure or relocation, after receipt of such notice and with the assistance of State agencies, to: (1) coordinate all State government services for the alleviation of the economic distress suffered by displaced workers; and (2) study the feasibility of establishing a community-owned, employee-owned, or jointly owned business to continue operations at the workplace.
Requires the employer in such circumstances, after giving such notice, and subject to certain requirements to make a good faith offer of sale at fair market value of the workplace, equipment, and inventory to the community in which the workplace is located, or to an organization of the workplace employees which singly or in combination attempts to form a community-owned, employee-owned, or jointly owned business at the workplace to be closed or relocated.
Subjects such sales to continued compliance with any bona fide collective bargaining agreement covering the workplace concerned, or good faith bargaining with employee representatives if an agreement expires within a specified time period.
Requires the employer, when a reduction in operations takes effect, to provide a choice of the following benefits to each affected employee: (1) permanent preference rights in hiring and employment at other workplaces of the employer and, when the employee accepts employment at another workplace, vacation, health, welfare, and pension benefits earned while previously employed by the employer; (2) severance pay benefits equal to one week's wages for each completed year of service up to the date of termination, with a bonus of one week of pay for each five years of service, and with a specified minimum benefit for all affected employees; or (3) when the employee accepts a transfer to a workplace 40 miles or more from the employee's residence, payment for the movement of normal household goods, reimbursement for the reasonable one-way transportation costs, and reimbursement for reasonable legal fees and other fees and closing costs associated with purchase or rental of a new residence up to a maximum of $500.
Requires employers, in all cases of a reduction in operation, to continue for a specified period of time the employer's share of premiums and contributions for any employee health and insurance benefit plans.
Requires the terms of a lawful collective bargaining agreement to prevail over any provision of this Act with which they conflict.
Directs the Secretary to provide specified technical assistance upon request of employees or communities adversely affected by reductions in operations.
Provides for enforcement, civil penalties, and civil actions against employers who violate this Act. | {"src": "billsum_train", "title": "To provide notice to employees when there are reductions in business operations and for other purposes."} | 2,717 | 616 | 0.614313 | 1.971285 | 0.6888 | 6.302768 | 4.686851 | 0.960208 |
SECTION 1. AVAILABILITY OF CERTAIN AREAS FOR LEASING.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following:
``(q) Availability of Certain Areas for Leasing.--
``(1) Definitions.--In this subsection:
``(A) Atlantic coastal state.--The term `Atlantic
Coastal State' means each of the States of Maine, New
Hampshire, Massachusetts, Connecticut, Rhode Island,
Delaware, New York, New Jersey, Maryland, Virginia,
North Carolina, South Carolina, Georgia, and Florida.
``(B) Governor.--The term `Governor' means the
Governor of the State.
``(C) Qualified revenues.--The term `qualified
revenues' means all rentals, royalties, bonus bids, and
other sums due and payable to the United States from
leases entered into on or after the date of enactment
of this Act for natural gas exploration and extraction
activities authorized by the Secretary under this
subsection.
``(D) State.--The term `State' means the State of
Virginia.
``(2) Petition.--
``(A) In general.--The Governor may submit to the
Secretary--
``(i) a petition requesting that the
Secretary issue leases authorizing the conduct
of natural gas exploration activities only to
ascertain the presence or absence of a natural
gas reserve in any area that is at least 50
miles beyond the coastal zone of the State; and
``(ii) if a petition for exploration by the
State described in clause (i) has been approved
in accordance with paragraph (3) and the
geological finding of the exploration justifies
extraction, a second petition requesting that
the Secretary issue leases authorizing the
conduct of natural gas extraction activities in
any area that is at least 50 miles beyond the
coastal zone of the State.
``(B) Contents.--In any petition under subparagraph
(A), the Governor shall include a detailed plan of the
proposed exploration and subsequent extraction
activities, as applicable.
``(3) Action by secretary.--
``(A) In general.--Subject to subparagraph (F), as
soon as practicable after the date of receipt of a
petition under paragraph (2), the Secretary shall
approve or deny the petition.
``(B) Requirements for exploration.--The Secretary
shall not approve a petition submitted under paragraph
(2)(A)(i) unless the State legislature has enacted
legislation supporting exploration for natural gas in
the coastal zone of the State.
``(C) Requirements for extraction.--The Secretary
shall not approve a petition submitted under paragraph
(2)(A)(ii) unless the State legislature has enacted
legislation supporting extraction for natural gas in
the coastal zone of the State.
``(D) Consistency with legislation.--The plan
provided in the petition under paragraph (2)(B) shall
be consistent with the legislation described in
subparagraph (B) or (C), as applicable.
``(E) Comments from atlantic coastal states.--On
receipt of a petition under paragraph (2), the
Secretary shall--
``(i) provide Atlantic Coastal States with
an opportunity to provide to the Secretary
comments on the petition; and
``(ii) take into consideration, but not be
bound by, any comments received under clause
(i).
``(F) Conflicts with military operations.--The
Secretary shall not approve a petition for a drilling
activity under this paragraph if the drilling activity
would conflict with any military operation, as
determined by the Secretary of Defense.
``(4) Disposition of revenues.--Notwithstanding section 9,
for each applicable fiscal year, the Secretary of the Treasury
shall deposit--
``(A) 50 percent of qualified revenues in a Clean
Energy Fund in the Treasury, which shall be established
by the Secretary; and
``(B) 50 percent of qualified revenues in a special
account in the Treasury from which the Secretary shall
disburse--
``(i) 75 percent to the State;
``(ii) 12.5 percent to provide financial
assistance to States in accordance with section
6 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-8), which shall be
considered income to the Land and Water
Conservation Fund for purposes of section 2 of
that Act (16 U.S.C. 460l-5); and
``(iii) 12.5 percent to a reserve fund to
be used to mitigate for any environmental
damage that occurs as a result of extraction
activities authorized under this subsection,
regardless of whether the damage is--
``(I) reasonably foreseeable; or
``(II) caused by negligence,
natural disasters, or other acts.''. | Amends the Outer Continental Shelf Lands Act to authorize the governor of Virginia to petition the Secretary of the Interior for authorization to conduct natural gas exploration and extraction activities in any area that is at least 50 miles beyond the state's coastal zone.
Requires the Secretary of the Treasury to deposit into a Clean Energy Fund of 50% of all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into under this Act for natural gas exploration and extraction activities. Requires deposit of the other 50% into a special account in the Treasury from which the Secretary shall disburse: (1) 75% to the state; (2) 12.5% to provide financial assistance to states in accordance with the Land and Water Conservation Fund Act of 1965; and (3) 12.5% to a reserve fund to be used to mitigate for any environmental damage that occur as a result of extraction activities authorized under this Act. | {"src": "billsum_train", "title": "A bill to authorize the State of Virginia to petition for authorization to conduct natural gas exploration and drilling activities in the coastal zone of the State."} | 1,060 | 198 | 0.530815 | 1.621674 | 0.766278 | 4.612022 | 5.289617 | 0.907104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Knee and Hip Replacement
Registry Act of 2009''.
SEC. 2. ESTABLISHMENT.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
establish within the Agency for Healthcare Research and Quality a
national knee and hip replacement registry (referred to in this Act as
the ``registry'') for the purpose of identifying predictors (including
patient co-morbidities, conditions, and characteristics; features of
the prostheses; and surgical technique) that may lead to poor outcomes
in knee and hip replacement surgeries in order to assist health care
providers in medical and surgical decision-making, improve patient care
and outcomes generally, detect poorly performing prostheses and
surgical techniques, and reduce the number of knee and hip replacement
revision surgeries required nationwide.
(b) Policies and Procedures.--Such registry shall be subject to the
policies and procedures developed under section 3(a).
SEC. 3. KNEE AND HIP REPLACEMENT REGISTRY POLICIES AND PROCEDURES.
(a) Policies and Procedures.--Not later than 3 years after the date
of the enactment of this Act, the Administrator of the Centers for
Medicare and Medicaid Services, in coordination with the Director of
the Agency for Healthcare Research and Quality, shall develop policies
and procedures for the development and maintenance of the registry
under section 2. The policies and procedures shall address--
(1) the scope of data collection to be conducted by the
registry to conform with the purpose of the registry as defined
in section 2;
(2) the core data set to be used by the registry;
(3) policies to be used by the registry to--
(A) ensure scientific rigor in data collection and
analysis;
(B) avoid bias in the analysis of data;
(C) ensure that analysis of the data collected can
be generalizable to the population of people getting
knee and hip replacements;
(D) protect, to the extent practicable, trade
secrets of manufacturers of knee and hip replacement
prostheses and related products; and
(E) protect patient privacy; and
(4) guidelines for data collection that--
(A) incorporate, to the extent practicable, the
recommendations and feedback of stakeholders,
including--
(i) orthopedic practitioners and providers,
such as hospitals, surgeons, nurses, and other
practitioners and providers;
(ii) manufacturers of knee and hip
replacement prostheses and related products;
and
(iii) patient and consumer groups;
(B) balance the importance and usefulness of
potential findings resulting from the collection of
data by the registry with the feasibility and
administrative burden on collecting such data;
(C) allow the registry to use, to the extent
practicable, data that is collected through existing
Federal reporting requirements; and
(D) rely, to the extent practicable, on the
voluntary submission of data on both Medicare and non-
Medicare patients by practitioners and providers.
(b) Interagency Cooperation.--In developing of the policies and
procedures under subsection (a), the Administrator of the Centers for
Medicare and Medicaid Services shall consult with the heads of the
Agency for Healthcare Research and Quality, the Food and Drug
Administration, the National Institutes of Health, and the Office of
the National Coordinator for Health Information Technology.
SEC. 4. ACTIVITIES OF THE REGISTRY.
(a) Data Collection and Storage.--Beginning not later than 5 years
after the date of the enactment of this Act, the head of the registry
shall collect and store data related to knee and hip replacements
(including information related to prosthetic devices and surgical
procedures consistent with the policies and procedures under section
3(a) in the registry established under subsection (a) of section 2).
(b) Data Analysis.--The head of the registry shall conduct data
analysis to fulfil the purpose of the registry under section 2.
(c) Access to Data.--
(1) Provision of data to providers.--At least one time per
year, beginning not later than 6 years after the date of
enactment of this Act, the head of the registry shall provide
data to health care providers to allow them to evaluate their
performance, relative to their peers, in--
(A) conducting knee and hip replacement surgeries;
and
(B) providing care related to such surgeries.
(2) Provision of data to manufacturers.--At least one time
per year, beginning not later than 7 years after the date of
the enactment of this Act, the head of the registry shall
provide data to manufacturers of knee and hip replacement
prostheses and related products to allow such manufacturers to
evaluate the safety and performance of their products relative
to similar products available on the market.
(3) Use of registry by researchers.--The head of the
registry shall develop a process to allow outside researchers
to apply to use individually identifiable data that is
contained in the registry to conduct longitudinal studies
consistent with the purpose of the registry under section 2.
(d) Coordination With FDA, NIH, and Other HHS Entities.--To avoid
duplication in data collection and analysis, the head of the registry
shall coordinate activities of the registry with--
(1) comparative effectiveness research conducted by--
(A) the Agency for Healthcare Research and Quality;
(B) the National Institutes of Health; and
(C) the Office of the Secretary of Health and Human
Services; and
(2) postmarket surveillance activities conducted by the
Food and Drug Administration.
(e) Collection of Registry Information From Federal Departments and
Agencies.--
(1) Requests by the registry.--The head of the registry may
request data from Federal departments and agencies if the
collection of such data by the entity established under section
2 conforms with the policies and procedures under section 3.
(2) Agency obligations.--Federal departments and agencies
shall provide relevant data to the registry at the request of
the head of the registry under paragraph (1).
(f) Public Feedback.--Not later than 2 years after beginning to
collect data under subsection (a) and at the end of each subsequent 2-
year period, in order to enhance the registry's ability to achieve the
purpose of the registry under section 2 and update policies and
procedures under section 3, the head of the registry, in consultation
with the Center for Medicare and Medicaid Services, the Food and Drug
Administration, the Agency for Healthcare Research and Quality, the
Office of the National Coordinator of Health Information Technology,
and the National Institutes of Health shall seek feedback from--
(1) orthopedic providers, such as hospitals, surgeons,
nurses, and other practitioners;
(2) manufacturers of knee and hip replacement prostheses
and related products;
(3) patient and consumer groups; and
(4) public health experts and epidemiologist.
(g) Public Report.--Beginning not later than six years after
enactment, the head of the registry shall publish and make publically
available an annual report that contains--
(1) an overview of the data collected by under subsection
(a);
(2) the findings resulting from any analysis of such data
conducted by the registry; and
(3) any other information that the head of the registry
determines is appropriate.
SEC. 5. SAFETY MONITORING AND REPORTING.
(a) Safety Monitoring.--The Agency for Healthcare Research and
Quality and the Food and Drug Administration shall use the data in the
registry and any analysis of such data conducted by the registry or by
other entities to monitor and evaluate the safety of knee and hip
replacement procedures and devices.
(b) Report.--Not later than 6 years after the date of the enactment
of this Act and annually thereafter, the Agency for Healthcare Research
and Quality, in consultation with Food and Drug Administration, shall
submit a report to the Secretary of Health and Human Services and
Congress containing recommendations on changes in policy and health
care provider practices that could enhance the safety of knee and hip
replacements.
SEC. 6. DEPARTMENT OF HEALTH AND HUMAN SERVICES COLLECTION OF
INFORMATION FROM PROVIDERS AND OTHER ENTITIES.
(a) Modification of Required Data.--The Secretary of Health and
Human Services may modify the information required to be reported under
administrative data sets under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) (including data that is required to be
submitted by Medicare Advantage organizations and quality improvement
organizations) to the extent the Secretary, in consultation with the
head of the registry, determines that the modification would result in
the reporting of information that would be useful in carrying out the
purpose of the registry under section 2.
(b) Condition of Participation.--In the case that two consecutive
reports submitted under section 7(a) conclude that the level of
provider participation in the registry is insufficient to achieve the
purpose of the registry under section 2, the Secretary of Health and
Human Services may require providers of services (as defined under
section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u))) and
physicians and other suppliers (as defined in subsections (r) and (d)
of section 1861 of the Social Security Act (42 U.S.C. 1395x(r) and
(d)), respectively) to report relevant information directly to the
registry as a condition of participation in the Medicare program under
section 1866 and 1842(h) of the Social Security Act (42 U.S.C. 1395cc
and 42 U.S.C. 1395u(h)), respectively.
SEC. 7. OVERSIGHT OF THE REGISTRY.
(a) In General.--Not later than 1 year after the date the registry
begins collecting data under section 4(a) and the end of each
subsequent 2-year period, the Comptroller General of the United States
shall submit to Congress a report on the progress of the registry in
achieving the purposes of the registry under section 2.
(b) Information on Provider Participation.--The report under
subsection (a) shall include information on the number of providers
participating in the registry and an analysis of whether that level of
provider participation is sufficient to achieve the purposes of the
registry under section 2.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act, such
sums as are necessary for fiscal years 2010 through 2019. | National Knee and Hip Replacement Registry Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish within the Agency for Healthcare Research and Quality (AHRQ) a national knee and hip replacement registry for identifying predictors that may lead to poor outcomes in knee and hip replacement surgeries.
Directs: (1) the Administrator of the Centers for Medicare and Medicaid Services, in coordination with the Director of AHRQ, to develop policies and procedures for the development and maintenance of the registry; (2) the AHRQ and the Food and Drug Administration (FDA) to use data in the registry and any analysis conducted to monitor and evaluate the safety of knee and hip replacement procedures and devices; and (3) the Comptroller General to report to Congress on the registry's progress.
Requires the head of the registry to: (1) collect and store relevant data; (2) provide data to health care providers to allow them to evaluate their performance relative to their peers; (3) provide data to manufacturers of knee and hip replacement prostheses and related products to allow them to evaluate the safety and performance of their products relative to similar products; (4) develop a process to allow outside researchers to apply to use individually identifiable data contained in the registry to conduct longitudinal studies; (5) seek feedback from orthopedic practitioners and providers, product manufacturers, patient and consumer groups, and public health experts and epidemiologists; and (6) publish an annual report.
Authorizes: (1) the head of the registry to request data from federal agencies; and (2) the Secretary to modify the information required to be reported under administrative data sets under Medicare to the extent it would result in the reporting of useful information. | {"src": "billsum_train", "title": "To establish a national knee and hip replacement registry."} | 2,209 | 345 | 0.684283 | 2.31945 | 0.873038 | 4.877976 | 6.220238 | 0.96131 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Emancipation Commemoration
Act of 2009''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish the National Emancipation
Commemoration Commission in order to--
(1) ensure a suitable national observance of the 150th
anniversary of the ending of chattel slavery in the United
States through the Emancipation Proclamation and the Thirteenth
Amendment of the Constitution;
(2) highlight the protections of the living 13th Amendment
against modern slavery in all its forms and explore why
servitude still exists in the United States and elsewhere;
(3) provide assistance to the development of programs,
curricula, and activities concerning both antebellum and modern
slavery, in conjunction with the 150th anniversary of
Emancipation and thereafter; and
(4) support and facilitate efforts for events, a
commemorative coin, stamp, and related activities for the
observances of the 150th anniversary of Emancipation and the
adoption of the Thirteenth Amendment.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the 150th anniversaries of the Preliminary
Emancipation Proclamation, the Emancipation Proclamation, the
Thirteenth Amendment to the United States Constitution and its
ongoing application to modern slavery, passage of Federal anti-
peonage legislation and the extension of the Thirteenth
Amendment protections to all races and ethnicities, and the
activities of the Bureau of Refugees, Freedmen and Abandoned
Lands (``Freedman's Bureau'') in attempting to meet the needs
of newly freed persons in the years following the Civil War.
(2) Commission.--The term ``Commission'' means the
Commission established by this Act.
(3) Modern slavery.--The term ``modern slavery'' means
activities that violate the Federal statutory prohibitions
against slavery and human trafficking set forth in chapter 77
of title 18, United States Code.
SEC. 4. ATTORNEY GENERAL TO ASSIST THE COMMEMORATION.
In order to ensure that the 150th anniversary of Emancipation
provides a lasting legacy and long-term public benefit by assisting in
the development of appropriate programs and facilities, the Attorney
General, through the Office of Justice Programs, may make grants and
provide technical assistance to appropriate Federal, State, and local
entities and nonprofit organizations--
(1) to plan and carry out programs and activities
appropriate to for the commemoration;
(2) to generally facilitate commemoration-related
activities throughout the United States;
(3) to encourage civic, patriotic, historical, educational,
religious, economic, and other organizations throughout the
United States to organize and participate in anniversary
activities to expand the understanding and appreciation of the
significance of the events commemorated by the commemoration;
(4) to coordinate and facilitate public scholarly research
on, publication about, and interpretation of: chattel slavery,
the trans-Atlantic slave trade, the lives and work of such
historical figures as Abraham Lincoln, Frederick Douglass,
Sojourner Truth, Levi and Catherine Coffin, and Harriet Tubman,
the Emancipation, success and failures in implementing the
Emancipation, expansion of the protections of the Thirteenth
Amendment to all persons in the United States, modern effects
of chattel slavery and the Emancipation on American culture and
society, and the continued application of the Thirteenth
Amendment and enabling legislation in combating modern slavery
in the United States and abroad;
(5) to encourage efforts for a commemorative coin, stamp,
and related activities for the commemoration;
(6) to assist in the appropriate development of
commemoration-related heritage tourism and the economic
benefits of that tourism to the United States; and
(7) to facilitate commemoration-related activities and
informational displays at sites and locations that are part of
the National Park Service Underground Railroad Network to
Freedom Program and the National Underground Railroad Freedom
Center.
SEC. 5. NATIONAL EMANCIPATION COMMEMORATION COMMISSION.
(a) In General.--There is established a commission to be known as
the ``National Emancipation Commemoration Commission''.
(b) Duties.--
(1) In general.--The Commission shall--
(A) advise the Attorney General with regard to
making grants and giving technical assistance under
this Act; and
(B) conduct a study on modern slavery in all its
forms that--
(i) addresses why slavery in all its forms
still exists globally;
(ii) analyzes the persistence of modern
slavery in the United States from 1865 to the
present; and
(iii) makes recommendations to address
issues and concerns highlighted by the study.
(2) Reports.--
(A) Interim report.--Not later than January 1,
2013, the Commission shall complete an interim report
that contains--
(i) a summary of the activities of the
Commission;
(ii) any interim results, findings, or
recommendations of the study conducted under
paragraph (1)(B); and
(iii) an accounting of funds received and
expended by the Commission through September
30, 2012.
(B) Final report.--Not later than March 2, 2017,
the Commission shall complete a final report that
contains--
(i) a summary of the activities of the
Commission;
(ii) the results of the study conducted
under paragraph (1)(B);
(iii) a final accounting of funds received
and expended by the Commission; and
(iv) any findings and recommendations of
the Commission.
(c) Membership.--
(1) In general.--The Commission shall be composed of 18
members, of whom--
(A) one shall be the Assistant Attorney General for
Civil Rights, who shall be the Chair of the Commission;
(B) one shall be the Ambassador at Large, Director
of the Office to Monitor and Combat Trafficking in
Persons, who shall be the Vice-Chair of the Commission;
(C) one shall be the Librarian of Congress, or a
designee of the Librarian of Congress;
(D) one shall be the Director of the National Park
Service, or a designee of the Director;
(E) one shall be the Director of the National
Museum of American History of the Smithsonian
Institution, or a designee of the Director;
(F) one shall be the Director of the National
Underground Railroad Freedom Center (or any successor
institution), or a designee of the Director;
(G) one shall be the Director of the National Civil
Rights Museum, or a designee of the Director;
(H) one shall be the Executive Director of the
National Hispanic Cultural Center, or a designee of the
Executive Director;
(I) one shall be the Executive Director of the
Asian Law Alliance, or a designee of the Executive
Director;
(J) four shall be appointed by the Speaker of the
House in consultation with the minority leader; and
(K) four shall be appointed by the majority leader
of the Senate in consultation with the minority leader.
(2) Term; vacancies.--
(A) Term.--The term of an appointed member of the
Commission is for the life of the Commission.
(B) Vacancies.--
(i) In general.--A vacancy among the
appointed members of the Commission shall be
filled in the same manner in which the original
appointment was made.
(ii) Partial term.--A member appointed to
fill a vacancy on the Commission shall serve
for the remainder of the term for which the
predecessor of the member was appointed.
(3) Meetings.--
(A) In general.--The Commission shall meet--
(i) at least twice each year; and
(ii) additionally, at the call of the
Chairperson or the majority of the members of
the Commission.
(B) Initial meeting.--Not later than 30 days after
the date on which all appointed members of the
Commission have been appointed, the Commission shall
hold the initial meeting of the Commission.
(4) Voting.--
(A) In general.--The Commission shall act only on
an affirmative vote of a majority of the members of the
Commission.
(B) Quorum.--A majority of the Commission shall
constitute a quorum.
(d) Powers of the Commission.--The Commission may--
(1) accept donations and make dispersions of money,
personal services, and real and personal property related to
its duties;
(2) appoint such advisory committees of its members as the
Commission determines to be necessary to carry out its duties;
(3) authorize any member or employee of the Commission to
take any action that the Commission is authorized to take by
this Act;
(4) procure supplies, services, and property, and make or
enter into contracts, leases, or other legal agreements, to
carry out its duties (except that any contracts, leases, or
other legal agreements made or entered into by the Commission
shall not extend beyond the date of termination of the
Commission); and
(5) use the United States mails in the same manner and
under the same conditions as a Federal agency.
(e) Commission Personnel Matters.--
(1) Compensation of members of the commission.--
(A) In general.--Except as provided in this
paragraph, a member of the Commission shall serve
without compensation.
(B) Federal employees.--A member of the Commission
who is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(C) Travel expenses.--A member or employee of the
Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized
for an employee of an agency under subchapter I of
chapter 57 of title 5, United States Code, while away
from the home or regular place of business of the
member or employee in the performance of the duties of
the Commission.
(2) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as are necessary to enable the Commission to perform
the duties of the Commission.
(B) Approval of executive director.--The employment
of an executive director shall require approval by a
majority of the Commission members.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(4) Detail of government employees.--
(A) Federal employees.--
(i) In general.--On the request of the
Commission, the head of any Federal agency may
detail, on a reimbursable or non-reimbursable
basis, any of the personnel of the agency to
the Commission to assist the Commission in
carrying out the duties of the Commission under
this Act.
(ii) Civil service status.--The detail of
an employee under clause (I) shall be without
interruption or loss of civil service status or
privilege.
(B) State employees.--The Commission may--
(i) accept the services of personnel
detailed from States (including subdivisions of
States); and
(ii) reimburse States for services of
detailed personnel.
(5) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services as the
Commission determines necessary.
(6) Support services.--The Attorney General shall provide
to the Commission, on a reimbursable basis, such administrative
support services as the Commission may request.
(f) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
(g) Termination.--The Commission shall terminate on September 30,
2017. Any advisory committee established under this Act that is not
previously terminated by the Commission shall also terminate on that
date. | National Emancipation Commemoration Act of 2009 - Establishes the National Emancipation Commemoration Commission which shall: (1) advise the Attorney General with regard to providing grants and technical assistance under this Act; and (2) conduct a study on all forms of modern slavery.
Authorizes the Attorney General to make grants and provide technical assistance to appropriate federal, state, and local entities, and nonprofit organizations to plan and carry out activities appropriate for the national observance of the 150th anniversary of the ending of chattel slavery in the United States.
Terminates the Commission on September 30, 2017. | {"src": "billsum_train", "title": "To establish a commission to commemorate the ending of chattel slavery in the United States, and for other purposes."} | 2,740 | 124 | 0.638626 | 1.817561 | 0.60231 | 4.454545 | 23.072727 | 0.963636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women and Minorities in STEM Booster
Act of 2012''.
SEC. 2. GRANT PROGRAM TO INCREASE THE PARTICIPATION OF WOMEN AND
UNDERREPRESENTED MINORITIES IN STEM FIELDS.
(a) Findings.--Congress finds the following:
(1) One of the core missions of the National Science
Foundation is ``to achieve excellence in U.S. science,
technology, engineering and mathematics (STEM) education''.
(2) According to the National Academy of Sciences, STEM
education at the undergraduate level is vital to developing a
workforce that will allow the United States to remain the
leader in the 21st century global economy.
(3) According to the National Academy of Sciences, in order
to maintain scientific and engineering leadership amid
increasing economic and educational globalization, the United
States must aggressively pursue the innovative capacity of all
people in the United States--women and men.
(4) According to the August 2011 report ``Women in STEM: A
Gender Gap to Innovation'', the Department of Commerce found
the following:
(A) ``According to the Census Bureau's 2009
American Community Survey (ACS), women comprise 48
percent of the U.S. workforce but just 24 percent of
STEM workers.''.
(B) ``[B]etween 2000 and 2009, women's share of the
STEM workforce remained constant at 24 percent, while
their share of all college-educated workers increased
from 46 to 49 percent''.
(C) ``The ACS data on undergraduate fields of study
show that women account for nearly half of employed
college graduates age 25 and over, but only about 25
percent of employed STEM degree holders and an even
smaller share--just about 20 percent--of STEM degree
holders working in STEM jobs.''.
(5) In 2007, underrepresented minority groups comprised
33.2 percent of the college-age population of the United
States, but only 17.7 percent of undergraduate students earning
a baccalaureate degree in a STEM field.
(6) The Higher Education Research Institute at the
University of California, Los Angeles, found that, while
freshmen from underrepresented minority groups express an
interest in pursuing a STEM undergraduate degree at the same
rate as all other freshmen, only 22.1 percent of Latino
students, 18.4 percent of African-American students, and 18.8
percent of Native American students studying in STEM fields
complete their degree within 5 years, compared to an
approximate 33 percent and 42 percent 5-year completion rate
for White and Asian students, respectively.
(7) According to the National Action Council for Minorities
in Engineering, Inc., no one race or ethnic category will be a
majority by 2050, and as the United States works to remain
competitive in the world of technological innovation, the
United States should address the need to increase the number of
individuals from underrepresented minority segments of the
population who work in engineering.
(b) Program Authorized.--The Director of the National Science
Foundation, acting through the Education and Human Resources
Directorate and not less than 1 research directorate of the National
Science Foundation, shall award grants to eligible entities, on a
competitive basis, to enable such eligible entities to carry out the
activities described in subsection (e), in order to increase the
participation of women and underrepresented minorities in the fields of
science, technology, engineering, and mathematics.
(c) Eligible Entity.--In this section, the term ``eligible entity''
means--
(1) a department of science, technology, engineering, or
mathematics at an institution of higher education, as defined
under section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001);
(2) a consortium of departments described in paragraph (1);
(3) a department or consortium described in this
subsection, in partnership with a department, college, or
school of education at such institution of higher education; or
(4) a nonprofit organization, which may include--
(A) a nonprofit scientific or professional society
or organization that represents one or more science or
engineering disciplines; or
(B) a nonprofit organization that has the primary
mission of advancing the participation of
underrepresented segments of the population in science
and engineering.
(d) Application.--Each eligible entity that desires to receive a
grant under this section shall submit an application to the Director of
the National Science Foundation at such time, in such manner, and
containing such information as the Director of the National Science
Foundation may reasonably require.
(e) Authorized Activities.--An eligible entity that receives a
grant under this section shall use such grant funds to carry out the
following activities designed to increase the participation of women
and underrepresented minorities in the fields of science, technology,
engineering, and mathematics:
(1) Online workshops.
(2) Mentoring programs that partner science, technology,
engineering, or mathematics professionals with students.
(3) Internships for undergraduate and graduate students in
the fields of science, technology, engineering, and
mathematics.
(4) Conducting outreach programs that provide elementary
school and secondary school students with opportunities to
increase their exposure to the fields of science, technology,
engineering, or mathematics.
(5) Such additional programs as the Director of the
National Science Foundation may determine.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2013, 2014, and 2015. | Women and Minorities in STEM Booster Act of 2012 - Requires the Director of the National Science Foundation (NSF), acting through the Human Resources Directorate and not less than one research directorate of the NSF, to award competitive grants to eligible entities to enable them to carry out the activities specified below in order to increase the participation of women and underrepresented minorities in the fields of science, technology, engineering, and mathematics (STEM).
Requires an eligible entity that receives a grant to use those grant funds to carry out the following activities designed to increase the participation of women and underrepresented minorities in STEM fields: (1) online workshops, (2) mentoring programs that partner STEM professionals with students, (3) internships for undergraduate and graduate students in STEM, and (4) conducting outreach programs providing elementary and secondary school students with opportunities to increase their exposure to STEM. | {"src": "billsum_train", "title": "A bill to increase the participation of historically underrepresented demographic groups in science, technology, engineering, and mathematics education and industry."} | 1,162 | 182 | 0.498877 | 1.424105 | 0.697003 | 5.029586 | 6.674556 | 0.946746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Against Indian Women Act of
2012''.
SEC. 2. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.
(a) In General.--Title II of Public Law 90-284 (25 U.S.C. 1301 et
seq.) (commonly known as the ``Indian Civil Rights Act of 1968'') is
amended by adding at the end the following:
``SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.
``(a) Definitions.--In this section:
``(1) Dating violence.--The term `dating violence' means
violence committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim,
as determined by the length of the relationship, the type of
relationship, and the frequency of interaction between the
persons involved in the relationship.
``(2) Domestic violence.--The term `domestic violence'
means violence committed by a current or former spouse or
intimate partner of the victim, by a person with whom the
victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a
spouse or intimate partner, or by a person similarly situated
to a spouse of the victim under the domestic- or family-
violence laws of an Indian tribe that has jurisdiction over the
Indian country where the violence occurs.
``(3) Indian country.--The term `Indian country' has the
meaning given the term in section 1151 of title 18, United
States Code.
``(4) Participating tribe.--The term `participating tribe'
means an Indian tribe that elects to exercise special domestic
violence criminal jurisdiction over the Indian country of that
Indian tribe.
``(5) Protection order.--The term `protection order'--
``(A) means any injunction, restraining order, or
other order issued by a civil or criminal court for the
purpose of preventing violent or threatening acts or
harassment against, sexual violence against, contact or
communication with, or physical proximity to, another
person; and
``(B) includes any temporary or final order issued
by a civil or criminal court, whether obtained by
filing an independent action or as a pendent lite order
in another proceeding, if the civil or criminal order
was issued in response to a complaint, petition, or
motion filed by or on behalf of a person seeking
protection.
``(6) Special domestic violence criminal jurisdiction.--The
term `special domestic violence criminal jurisdiction' means
the criminal jurisdiction that a participating tribe may
exercise under this section but could not otherwise exercise.
``(7) Spouse or intimate partner.--The term `spouse or
intimate partner' has the meaning given the term in section
2266 of title 18, United States Code.
``(b) Nature of the Criminal Jurisdiction.--
``(1) In general.--Notwithstanding any other provision of
law, in addition to all powers of self-government recognized
and affirmed by sections 201 and 203, the powers of self-
government of a participating tribe include the inherent power
of that tribe, which is hereby recognized and affirmed, to
exercise special domestic violence criminal jurisdiction over
all persons.
``(2) Concurrent jurisdiction.--The exercise of special
domestic violence criminal jurisdiction by a participating
tribe shall be concurrent with the jurisdiction of the United
States, of a State, or of both.
``(3) Applicability.--Nothing in this section--
``(A) creates or eliminates any Federal or State
criminal jurisdiction over Indian country; or
``(B) affects the authority of the United States or
any State government that has been delegated authority
by the United States to investigate and prosecute a
criminal violation in Indian country.
``(4) Exceptions.--
``(A) Victim and defendant are both non-indians.--
``(i) In general.--A participating tribe
may not exercise special domestic violence
criminal jurisdiction over an alleged offense
if neither the defendant nor the alleged victim
is an Indian.
``(ii) Definition of victim.--In this
subparagraph and with respect to a criminal
proceeding in which a participating tribe
exercises special domestic violence criminal
jurisdiction based on a violation of a
protection order, the term `victim' means a
person specifically protected by a protection
order that the defendant allegedly violated.
``(B) Defendant lacks ties to the indian tribe.--A
participating tribe may exercise special domestic
violence criminal jurisdiction over a defendant only if
the defendant--
``(i) resides in the Indian country of the
participating tribe;
``(ii) is employed in the Indian country of
the participating tribe; or
``(iii) is a spouse, intimate partner, or
dating partner of--
``(I) a member of the participating
tribe; or
``(II) an Indian who resides in the
Indian country of the participating
tribe.
``(c) Criminal Conduct.--A participating tribe may exercise special
domestic violence criminal jurisdiction over a defendant for criminal
conduct that falls into one or more of the following categories:
``(1) Domestic violence and dating violence.--An act of
domestic violence or dating violence that occurs in the Indian
country of the participating tribe.
``(2) Violations of protection orders.--An act that--
``(A) occurs in the Indian country of the
participating tribe; and
``(B) violates the portion of a protection order
that--
``(i) prohibits or provides protection
against violent or threatening acts or
harassment against, sexual violence against,
contact or communication with, or physical
proximity to, another person;
``(ii) was issued against the defendant;
``(iii) is enforceable by the participating
tribe; and
``(iv) is consistent with section 2265(b)
of title 18, United States Code.
``(d) Rights of Defendants.--In a criminal proceeding in which a
participating tribe exercises special domestic violence criminal
jurisdiction, the participating tribe shall provide to the defendant--
``(1) all applicable rights under this Act;
``(2) if a term of imprisonment of any length may be
imposed, all rights described in section 202(c);
``(3) the right to a trial by an impartial jury that is
drawn from sources that--
``(A) reflect a fair cross section of the
community; and
``(B) do not systematically exclude any distinctive
group in the community, including non-Indians; and
``(4) all other rights whose protection is necessary under
the Constitution of the United States in order for Congress to
recognize and affirm the inherent power of the participating
tribe to exercise special domestic violence criminal
jurisdiction over the defendant.
``(e) Petitions to Stay Detention.--
``(1) In general.--A person who has filed a petition for a
writ of habeas corpus in a court of the United States under
section 203 may petition that court to stay further detention
of that person by the participating tribe.
``(2) Grant of stay.--A court shall grant a stay described
in paragraph (1) if the court--
``(A) finds that there is a substantial likelihood
that the habeas corpus petition will be granted; and
``(B) after giving each alleged victim in the
matter an opportunity to be heard, finds by clear and
convincing evidence that under conditions imposed by
the court, the petitioner is not likely to flee or pose
a danger to any person or the community if released.
``(3) Notice.--An Indian tribe that has ordered the
detention of any person has a duty to timely notify such person
of his rights and privileges under this subsection and under
section 203.
``(f) Subject to Removal.--A defendant charged with a crime under
this section may petition the appropriate Federal district for removal
pursuant to section 3245 of title 18, United States Code.
``(g) Grants to Tribal Governments.--The Attorney General may award
grants to the governments of Indian tribes (or to authorized designees
of those governments)--
``(1) to strengthen tribal criminal justice systems to
assist Indian tribes in exercising special domestic violence
criminal jurisdiction, including--
``(A) law enforcement (including the capacity of
law enforcement or court personnel to enter information
into and obtain information from national crime
information databases);
``(B) prosecution;
``(C) trial and appellate courts;
``(D) probation systems;
``(E) detention and correctional facilities;
``(F) alternative rehabilitation centers;
``(G) culturally appropriate services and
assistance for victims and their families; and
``(H) criminal codes and rules of criminal
procedure, appellate procedure, and evidence;
``(2) to provide indigent criminal defendants with the
effective assistance of licensed defense counsel, at no cost to
the defendant, in criminal proceedings in which a participating
tribe prosecutes a crime of domestic violence or dating
violence or a criminal violation of a protection order;
``(3) to ensure that, in criminal proceedings in which a
participating tribe exercises special domestic violence
criminal jurisdiction, jurors are summoned, selected, and
instructed in a manner consistent with all applicable
requirements; and
``(4) to accord victims of domestic violence, dating
violence, and violations of protection orders rights that are
similar to the rights of a crime victim described in section
3771(a) of title 18, United States Code, consistent with tribal
law and custom.
``(h) Supplement, Not Supplant.--Amounts made available under this
section shall supplement and not supplant any other Federal, State,
tribal, or local government amounts made available to carry out
activities described in this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each of fiscal years 2013 through 2017 to
carry out subsection (g) and to provide training, technical assistance,
data collection, and evaluation of the criminal justice systems of
participating tribes.''.
(b) Clerical Amendment.--The table of sections for title II of the
Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) is amended by
inserting after the item relating to section 203 the following:
``Sec. 204. Tribal jurisdiction over crimes of domestic violence.''.
SEC. 3. REMOVAL OF CRIMINAL PROSECUTIONS.
(a) In General.--Chapter 211 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3245. Removal criminal prosecutions brought under section 204 of
the Indian Civil Rights Act
``(a) Notice of Removal.--A defendant charged with a crime pursuant
to section 204 of the Indian Civil Rights Act of 1968 (25 U.S.C. 1304)
shall file in the district court of the United States for the district
and division within which such prosecution is pending a notice of
removal signed pursuant to Rule 11 of the Federal Rules of Civil
Procedure and containing a short and plain statement of the grounds for
removal under subsection (b), together with a copy of all process,
pleadings, and orders served upon such defendant or defendants in such
action.
``(b) Grounds for Removal.--No case shall be removed unless the
defendant has proven by a preponderance of the evidence that a right
guaranteed them under section 202 of the Indian Civil Rights Act of
1968 (25 U.S.C. 1302), has been violated, the tribal court has failed
to adequately remedy the violation, and the violation is prejudicial to
the defendant.
``(c) Requirements.--
``(1) A notice of removal of a criminal prosecution for
domestic violence shall be filed not later than 30 days after
the arraignment in the Tribal court, or at any time before
trial, whichever is earlier, except that for good cause shown
the United States district court may enter an order granting
the defendant or defendants leave to file the notice at a later
time.
``(2) A notice of removal of a criminal prosecution for
domestic violence shall include all grounds for such removal. A
failure to state grounds that exist at the time of the filing
of the notice shall constitute a waiver of such grounds, and a
second notice may be filed only on grounds not existing at the
time of the original notice. For good cause shown, the United
States district court may grant relief from the limitations of
this paragraph.
``(3) The filing of a notice of removal of a criminal
prosecution for domestic violence shall not prevent the Tribal
court in which such prosecution is pending from proceeding
further, except that a judgment of conviction shall not be
entered unless the prosecution is first remanded.
``(4) The United States district court in which such notice
is filed shall examine the notice promptly. If it clearly
appears on the face of the notice and any exhibits annexed
thereto that removal should not be permitted, the court shall
make an order for summary remand.
``(5) If the United States district court does not order
the summary remand of such prosecution, it shall order an
evidentiary hearing to be held promptly and, after such
hearing, shall make such disposition of the prosecution as
justice shall require. If the United States district court
determines that removal shall be permitted, it shall so notify
the Tribal court in which prosecution is pending, which shall
proceed no further.
``(d) Writ of Habeas Corpus.--If the defendant or defendants are in
actual custody on process issued by the Tribal court, the district
court shall issue its writ of habeas corpus, and the marshal shall
thereupon take such defendant or defendants into the marshal's custody
and deliver a copy of the writ to the clerk of such Tribal court.
``(e) Definition.--In this section, the term `domestic violence'
has the meaning given such term in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925).''.
(b) Clerical Amendment.--The table of sections for chapter 211 of
title 18, United States Code, is amended by inserting after the item
relating to section 3244 the following:
``3245. Removal criminal prosecutions brought under section 204 of the
Indian Civil Rights Act.''. | Violence Against Indian Women Act of 2012 - Amends the Indian Civil Rights Act of 1968 to give Indian tribes criminal jurisdiction over domestic violence, dating violence, and violations of protective orders that occur on their lands. Makes that jurisdiction concurrent with federal and state jurisdiction.
Prohibits a tribe from exercising such jurisdiction if neither the defendant or alleged victim is an Indian, or the defendant lacks certain ties to the tribe.
Requires Indian tribes prosecuting those crimes to: (1) provide defendants the right to a trial by an impartial jury; and (2) notify detainees of their rights, including the right to file a writ of habeas corpus in federal court.
Authorizes the Attorney General to award grants to assist Indian tribes in exercising such jurisdiction, providing indigent defendants with free legal counsel, and securing the rights of victims of such crimes.
Authorizes appropriations for such grant program and to provide participating Indian tribes with training, technical assistance, data collection, and an evaluation of their criminal justice systems.
Authorizes defendants charged with domestic violence, dating violence, and violations of protective orders to petition the appropriate federal district court for the removal of their case from tribal court. Prohibits a case from being removed from tribal court unless a defendant proves by a preponderance of evidence that a constitutional right guaranteed under the Act has been violated, the tribal court has not adequately remedied the violation, and the violation is prejudicial to the defendant. | {"src": "billsum_train", "title": "To grant Indian tribes jurisdiction over crimes of domestic violence that occur in the Indian country of that tribe."} | 3,239 | 331 | 0.487882 | 1.552389 | 0.909973 | 3.036364 | 10.789091 | 0.912727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communications Opportunity Act of
1994''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Section 309(j)(3) of the Communications Act of 1934
requires the Federal Communications Commission to disseminate
licenses among a wide variety of applicants, including small
businesses, rural telephone companies, and businesses owned by
members of minority groups and women (hereinafter in this Act
referred to as ``designated entities'').
(2) Section 309(j)(4) of such Act requires the Commission
to ensure that small businesses, rural telephone companies, and
businesses owned by minority groups and women are given the
opportunity to participate in the provision of spectrum-based
services, and, for such purposes, requires the Commission to
consider the use of tax certificates, bidding preferences, and
other procedures.
(3) License set-asides and installment payments are
additional policy tools available to the Commission for
ensuring that licenses are disseminated to designated entities.
(4) Designated entities are greatly underrepresented in all
of the telecommunications industries. In particular, businesses
owned by members of minority groups and women suffer numerous
barriers to participating in the provision of
telecommunications services. Market entry is greatly
complicated by historically low participation and by a lack of
access to capital markets for businesses owned by members of
minority groups and women.
(5) Because the electromagnetic spectrum is a public
resource and because minorities and women face discrimination
and other barriers to entering the telecommunication market,
there is a compelling public interest to promote diversity in
the participation in the telecommunications industries in order
to promote the goals of competitive prices for services,
service innovation, full employment, and diversity of opinions
and viewpoints in public discourse.
(6) Because of the extremely capital intensive nature of
developing and deploying systems in new telecommunications
industries, and the ability of large corporations to amass
financial resources swiftly and efficiently, allocation of the
electromagnetic spectrum under a purely competitive approach
will greatly hinder access to licenses by designated entities,
especially business owned by members of minority groups and
women, wanting to provide telecommunications services. Without
the use of certain bidding preferences, in particular set-
asides, business owned by members of minority groups and women
will not make significant progress in participating in the
telecommunications industries.
SEC. 3. PARTICIPATION BY DESIGNATED ENTITIES.
(a) General Requirement.--The Commission shall ensure the
participation of small businesses, rural telephone companies, and
businesses owned by members of minority groups and women in the
provision of spectrum-based services, particularly through licenses
controlled by them.
(b) Licensing Plan.--
(1) Requirements applicable to competitive bidding.--If the
Commission decides to use competitive bidding to grant 3 or
more licenses which serve a market, the Commission shall
reserve at least one license, of up to 30 megahertz, for
bidding by designated entities only. If more than 6 licenses
serving a market are to be conferred through competitive
bidding, the Commission shall reserve at least 2 licenses, one
of which is at least 30 megahertz, for bidding by designated
entities only. In addition, the Commission shall provide
bidding preferences to designated entities which choose to bid
on other licenses, but may not substitute such preferences for
the license reservation required in this paragraph, or provide
such reservations to entities which are not designated
entities.
(2) Additional requirements.--To the maximum extent
feasible, the Commission shall equalize licenses to be bid on
initially by size and area, and shall not discriminate between
designated entity licenses and other licenses.
(3) Access to capital.--In developing rules regarding other
licenses and licensees for the same service, the Commission
shall take into account the impact of those rules on the
competitiveness and access to financing of designated entities.
To the extent possible the Commission should provide incentives
for nondesignated entities to invest as minority equity holders
in designated entity concerns. To the extent possible, the
Commission shall ensure that its preferences are not abused.
(4) Simple procedures required.--Particularly for rural
areas, the Commission shall provide a simple regulatory
approval process to allow and encourage voluntary partitioning
of licenses between overall license holders and rural telephone
companies and others which wish to serve smaller portions of
the license area.
(c) Competitive Bidding and Bid Financing.--
(1) Considerations required.--The Commission shall
carefully consider the practical effect of its auction and
related requirements on designated entities, and shall seek
wherever possible to remove or lessen regulatory and business
barriers to successful participation by designated entities,
and to provide flexibility to designated entities. This
consideration shall include--
(A) lower application fees;
(B) the initial payment or downpayment shall be no
more than 10 percent of a winning bid for successful
designated entity bidders; and
(C) installment payments of the balance due over
the term of the license.
(2) Flexibility.--The Commission shall extend similar
flexibility to requirements of financial capability for
designated entities which have won licenses. Good faith efforts
to pursue financing and construction shall meet the
requirements of title II and regulations enacted pursuant
thereto.
(3) Additional methods.--The Commission shall consider
additional methods to maximize effective participation of
designated entities in auctions and the resulting marketplace.
These methods may include devices such as tax certificates.
(d) Rules Applying to Designated Entities With Licenses.--
(1) Waivers.--In general, designated entities should be
subject to the same rules as all other parties. The Commission
shall institute a waiver process whereby a designated entity
licensee can demonstrate why the public interest will be served
by granting flexibility to such an entity.
(2) Transfers.--Designated entity licensees may freely
transfer a license to a third party, which qualifies as a
designated entity, without additional financial penalties or
obligations. A designated entity may transfer its license to a
nondesignated entity if the parties comply with the
requirements of paragraph (3).
(3) Payments by transferees.--Any party which is not a
designated entity but which buys a controlling interest in a
license from a designated entity must pay the government the
balance due of the spectrum bid immediately. Until 3 years
after award, a nondesignated entity must pay, in addition, the
difference, if any, between the amount initially bid by the
designated entity and the market price for such licenses, based
on the average of nondesignated entity bids for similar
licenses in that market. The Commission shall establish a
formula for calculating this difference taking into
consideration any bidding credits. | Communications Opportunity Act of 1994 - Requires the Federal Communications Commission (FCC) to ensure the participation of small businesses, rural telephone companies, and businesses owned by minorities and women ("designated entities") in the provision of spectrum-based services, particularly through licenses.
Directs the FCC, if it uses competitive bidding to grant three or more licenses which serve a market, to reserve at least one license, of up to 30 megahertz, for bidding by designated entities. Reserves at least two licenses for bidding by designated entities, one of which is at least 30 megahertz, if more than six licenses are to be conferred through competitive bidding. Requires the FCC to provide bidding preferences to designated entities which choose to bid on other licenses, but prohibits the FCC from substituting such preferences for the license reservations.
Directs the FCC to equalize licenses to be bid on initially by size and area and prohibits discrimination between designated entity licenses and other licenses.
Requires the FCC, in developing rules regarding licenses and licensees for the same service, to take into account the impact of those rules on the competitiveness and access to financing of designated entities.
Directs the FCC, particularly for rural areas, to provide a simple regulatory process to allow and encourage voluntary partitioning of licenses between overall license holders and rural telephone companies and others which wish to serve smaller portions of the license area.
Requires the FCC to seek to remove or lessen regulatory and business barriers to successful participation by designated entities and to provide flexibility to such entities, including flexibility to requirements of financial capability.
Authorizes designated entity licensees to freely transfer a license to a third party which qualifies as a designated entity, without additional financial penalties or obligations. Permits the transfer to non-designated entities but requires such parties to pay the balance due of the spectrum bid immediately. Requires such parties to pay the difference, if any, between the amount initially bid by the designated entity and the market price for such licenses, based on the average of non-designated entity bids for similar licenses in that market. | {"src": "billsum_train", "title": "Communications Opportunity Act of 1994"} | 1,430 | 472 | 0.549728 | 1.920866 | 0.816169 | 5.3225 | 3.3425 | 0.9275 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Stewardship and
Natural Resources Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in order to maintain our quality of life, economic
growth should--
(A) be balanced with environmental management; and
(B) include collaborative scientific inquiry,
technology development, and public policy;
(2) the failure of environmental science data, technology,
and knowledge to adequately support long-term policy leads to
questions of scientific data quality, credibility, and utility,
and results in an atmosphere of adversarial science and
conflicting policy;
(3) individuals affected by decisions regarding long-term
stewardship have not always been effective in determining the
needs for, setting the agenda for, and participating in
environmental research and development;
(4) decisions regarding the long-term stewardship can
significantly impact a region's economy and its residents'
quality of life;
(5) the Department of Energy is just beginning to develop
long-term strategies for managing its vast holdings of land;
(6) the Department of Energy environmental management
program--
(A) is the largest program in the Department;
(B) must have the scientific capability to support
long-term stewardship in order for the Department to
manage legacy waste; and
(C) has no national laboratories designated to
address the science, research, and developmental needs
for long-term stewardship; and
(7) the Idaho National Engineering and Environmental
Laboratory, a multiprogrammatic federally funded research and
development laboratory, is geographically and technologically
positioned to capably address the needs for long-term
stewardship.
(b) Purposes.--The purposes of this Act are--
(1) to designate the Idaho National Engineering and
Environmental Laboratory as the Center of Excellence for
Environmental Stewardship of the Department of Energy to
provide for the long-term stewardship of Department land;
(2) to establish the Natural Resources Institute within the
Center; and
(3) to authorize the Center and Institute--
(A) to provide scientific and technical assistance
to the Department in carrying out the environmental
missions of the Department;
(B) to perform basic and applied scientific
research necessary, and develop methods and
technologies, for modeling, detection,
characterization, remediation, treatment, and control
of contaminants--
(i) in the environment; or
(ii) stored or disposed of as waste;
(C) to serve as a neutral forum to develop
scientific solutions for long-term stewardship of
Department land;
(D) to coordinate research on and develop--
(i) appropriate and systematic approaches
to long-term stewardship; and
(ii) the specific tools and mechanisms
necessary to implement approaches--
(I) to support public policy
development by facilitating the
creation of public-private partnerships
necessary to implement systemic
approaches to long-term stewardship;
and
(II) in cooperation with colleges
and universities, to provide education
and training regarding long-term
stewardship by developing
training programs and educational curricula using modern information
systems such as the Internet and video teleconferencing for a wide
variety of users, including--
(aa) the public;
(bb) local and regional
government;
(cc) industry; and
(dd) colleges and
universities; and
(E) to facilitate the creation of commercial
enterprises through application of derived use science
and technology by involving--
(i) local economic development agencies;
(ii) technology incubators;
(iii) research institutes; and
(iv) the private sector; and
(F) to transfer information and analyses regarding
long-term stewardship to persons and organizations to
allow informed decisionmaking.
SEC. 3. DEFINITIONS.
In this Act:
(1) Atomic energy defense activity.--The term ``atomic
energy defense activity'' has the meaning given the term in
section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101).
(2) Center.--The term ``Center'' means the Center of
Excellence for Environmental Stewardship of the Department
designated under section 4(a).
(3) Department.--The term ``Department'' means the
Department of Energy.
(4) Department of energy defense nuclear facility.--
(A) In general.--The term ``Department of Energy
defense nuclear facility'' means a site under control
or jurisdiction of the Department that is operated for
the purpose of conducting an atomic energy defense
activity, including--
(i) a production facility, as defined in
section 11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014);
(ii) a utilization facility, as defined in
section 11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014);
(iii) a nuclear waste storage or disposal
facility;
(iv) an atomic weapon testing and
evaluation facility;
(v) an atomic weapons research and
development facility; or
(vi) any facility described in any of
clauses (i) through (v) that--
(I) no longer is in operation; and
(II) was operated for the purpose
of conducting an atomic energy defense
activity.
(B) Exclusion.--The term ``Department of Energy
defense nuclear facility'' does not include a facility
that conducts only civilian nuclear activities, such as
technology necessary for the generation of electricity
at a nuclear power plant.
(5) Institute.--The term ``Institute'' means the Natural
Resources Institute established under section 5(a).
(6) Long-term stewardship.--The term ``long-term
stewardship'' means the responsibility to manage all natural
and manmade resources in a manner that balances economics,
ecological, social, and cultural factors.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4. CENTER OF EXCELLENCE FOR ENVIRONMENTAL STEWARDSHIP.
(a) In General.--The Idaho National Engineering and Environmental
Laboratory is designated as the Center of Excellence for Environmental
Stewardship of the Department.
(b) Duties.--The Center shall--
(1) develop, test, and demonstrate new and innovative
methods and technologies necessary for the implementation of
programs by the Department for the long-term stewardship of--
(A) contaminated land;
(B) remediated land that remains contaminated, such
as capped landfills or land under which ground water is
contaminated; and
(C) uncontaminated land used as a buffer area
around a Department of Energy defense nuclear facility;
(2) develop, test, and demonstrate new and innovative
methods and technologies for the estimation of Federal
liability under section 107(f) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9607(f));
(3) develop and continually update systems engineering
methods for analyzing the options and efficiencies for
transportation, treatment, storage, and disposal of waste at
Department of Energy defense nuclear facilities;
(4) conduct basic scientific research into the transport of
contaminants in the environment;
(5) develop models and predictive methods for estimating--
(A) the transport of contaminants in various
environmental settings; and
(B) the subsequent risk posed by contaminants in
the environment to humans and associated ecosystems;
and
(6) develop, test, and demonstrate new and innovative
technologies for the detection, monitoring, stabilization, and
remediation of contaminants in the environment.
(c) Memoranda of Understanding.--The Center shall enter into
memoranda of understanding with the heads of appropriate Federal
agencies to establish administrative procedures necessary for the
Center to--
(1) participate in work for other programs on land of the
Department of the Interior and the Department of Agriculture;
and
(2) solve pressing long-term stewardship problems.
(d) Acquisition of Information From Federal Agencies.--To assist
the Center in carrying out this Act, the Center may acquire from any
Federal agency unclassified and nonproprietary information maintained
by the agency.
SEC. 5. NATURAL RESOURCES INSTITUTE.
(a) In General.--Within the Center, there is established a Natural
Resources Institute as a pilot demonstration project.
(b) Duties.--The Institute shall--
(1) serve in a dual capacity as a partner and facilitator
in performing the duties described in paragraphs (2) through
(5);
(2) initiate and perform multidisciplinary, solution-
oriented, focused, and needs-driven research regarding long-
term stewardship through--
(A) coordination of research activities to minimize
duplication of effort and maximize scientific
advancement;
(B) maintenance of meaningful public involvement in
the development and implementation of research
activities;
(C) performance of research by high-quality
scientific experts who are private and public partners
of the Institute;
(D) performance of research in and development of
understanding of the field of predicting regional
ecosystem dynamics;
(E) development of methodologies, technologies, and
tools for environmental stewardship; and
(F) development and understanding of the science
associated with the long-term stewardship issues
associated with Department land;
(3) support formulation and implementation of long-term
stewardship public policy through--
(A) consideration of the balance of socioeconomic
concerns and quality of life issues with respect to
environmental remediation, cost, and schedule concerns;
and
(B) involvement of the public with the research and
development activities of the Institute;
(4) act as an information resource center by--
(A) serving as a centralized repository for
environmental data, data management resources, and
analytical tools for Department land;
(B) entering into partnership agreements with
private entities and public agencies to access or
acquire and maintain regional environmental data sets
through--
(i) monitoring data;
(ii) geographical information system
coverages;
(iii) satellite data; and
(iv) data from local and regional
ecological studies;
(C) providing quick and affordable access to all
public databases, such as those maintained by the
Federal and State agencies, and, as appropriate, access
to private databases developed to support specific
models or decisions; and
(D) training personnel to assist the public and
researchers in gaining access to information on long-
term stewardship; and
(5) provide training--
(A) using colleges and universities to educate the
public, future scientists, and educators;
(B) seminars and training assistance for the
public; and
(C) collaboration with colleges and universities to
provide resources, internships, and research
opportunities.
(c) Cooperation.--In carrying out this section, the Institute shall
cooperate with--
(1) Federal and State agencies;
(2) colleges and universities;
(3) national laboratories;
(4) the public; and
(5) the private sector. | Environmental Stewardship and Natural Resources Act of 1999 - Designates the Idaho National Engineering and Environmental Laboratory as the Center of Excellence of Environmental Stewardship of the Department of Energy (DOE). Cites Center duties, including development, testing, and demonstration of methods and technologies necessary for DOE's long-term stewardship of defense nuclear facility lands affected by legacy waste.
Requires the Center to enter into memoranda of understanding with Federal agencies to establish administrative procedures to: (1) participate in work for other programs on lands of the Departments of the Interior and of Agriculture; and (2) solve pressing long-term stewardship problems.
Establishes a Natural Resources Institute as a pilot demonstration project within the Center to: (1) serve as partner and facilitator in performing enumerated Center duties; (2) perform multidisciplinary research regarding long-term stewardship; (3) support formulation and implementation of long-term stewardship public policy; and (4) act as an information resource center.
Mandates Institute cooperation with governmental agencies, colleges and universities, national laboratories, and with the public. | {"src": "billsum_train", "title": "Environmental Stewardship and Natural Resources Act of 1999"} | 2,318 | 234 | 0.699275 | 2.180439 | 0.942828 | 4.451923 | 10.730769 | 0.932692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reconstructive Surgery Act of
1999''.
SEC. 2. COVERAGE OF RECONSTRUCTIVE SURGERY
(a) Group Health Plans.--
(1) Public health service act amendments.--
(A) In general.--Section 2706 of the Public Health
Service Act, as amended by Public Law 105-277, is
amended to read as follows:
``SEC. 2706. COVERAGE OF RECONSTRUCTIVE SURGERY.
``(a) Requirement.--A group health plan and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan that provides coverage for surgery shall provide
coverage for reconstructive surgery.
``(b) Definition.--In subsection (a), the term `reconstructive
surgery' means any medically necessary and appropriate surgery
performed to correct or repair abnormal structures of the body caused
by congenital defects, developmental abnormalities, trauma, infection,
tumors, or disease to--
``(1) improve functions; or
``(2) give the patient a normal appearance, to the extent
possible, in the judgment of the physician performing the
surgery.
``(c) Rule of Construction.--
``(1) In general.--Nothing in this section shall be
construed to require a group health plan or health insurance
issuer in connection with a group health plan to provide
coverage for cosmetic surgery.
``(2) Definition.--In paragraph (1), the term `cosmetic
surgery' means surgery that is performed to alter or reshape
normal structures of the body in order to improve
appearance.''.
(B) Conforming amendment.--Section 2723(c) of the
Public Health Service Act (42 U.S.C. 300gg-23(c)), as
amended by section 604(b)(2) of Public Law 104-204, is
amended by striking ``section 2704'' and inserting
``sections 2704 and 2706''.
(2) ERISA amendments.--
(A) In general.--Section 713 of the Employee
Retirement Income Security Act of 1974, as amended by
Public Law 105-277, is amended to read as follows:
``SEC. 713. COVERAGE FOR RECONSTRUCTIVE SURGERY.
``(a) Requirement.--A group health plan and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan that provides coverage for surgery shall provide
coverage for reconstructive surgery.
``(b) Definition.--In subsection (a), the term `reconstructive
surgery' means any medically necessary and appropriate surgery
performed to correct or repair abnormal structures of the body caused
by congenital defects, developmental abnormalities, trauma, infection,
tumors, or disease to--
``(1) improve functions; or
``(2) give the patient a normal appearance, to the extent
possible, in the judgment of the physician performing the
surgery.
``(c) Rule of Construction.--
``(1) In general.--Nothing in this section shall be
construed to require a group health plan or health insurance
issuer in connection with a group health plan to provide
coverage for cosmetic surgery.
``(2) Definition.--In paragraph (1), the term `cosmetic
surgery' means surgery that is performed to alter or reshape
normal structures of the body in order to improve
appearance.''.
(B) Conforming amendments.--
(i) Section 731(c) of such Act (29 U.S.C.
1191(c)), as amended by section 603(b)(1) of
Public Law 104-204, is amended by striking
``section 711'' and inserting ``sections 711
and 713''.
(ii) Section 732(a) of such Act (29 U.S.C.
1191a(a)), as amended by section 603(b)(2) of
Public Law 104-204, is amended by striking
``section 711'' and inserting ``sections 711
and 713''.
(iii) The table of contents in section 1 of
such Act is amended by inserting after the item
relating to section 712 the following new item:
``Sec. 713. Coverage for reconstructive surgery.''.
(b) Individual Market.--Section 2752 of the Public Health Service
Act, as amended by Public Law 105-277, is amended to read as follows:
``SEC. 2752. COVERAGE FOR RECONSTRUCTIVE SURGERY.
``The provisions of section 2706 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(c) Effective Dates.--
(1) Group health plans.--Subject to paragraph (3), the
amendments made by subsection (a) shall apply with respect to
group health plans for plan years beginning on or after January
1, 2000.
(2) Health insurance coverage.--The amendment made by
subsection (b) shall apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after such date.
(3) Collective bargaining agreements.--In the case of a
group health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified before the date of enactment of this
Act, the amendments made subsection (a) shall not apply to plan
years beginning before the later of--
(A) the date on which the last collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of enactment of this Act), or
(B) January 1, 2000.
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 subsection (a) shall not be treated as a termination
of such collective bargaining agreement.
(d) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 is amended by striking
``this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ``the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, and the
provisions of parts A and C of title XXVII of the Public Health Service
Act''. | Reconstructive Surgery Act of 1999 - Amends the Public Health Service Act to require a group health plan and a health insurance issuer offering group health insurance coverage in connection with a plan providing surgical coverage to provide coverage for reconstructive surgery.
Amends the Public Health Service Act to provide similar coverage for reconstructive surgery offered by a health insurance issuer in the individual market. Sets forth related provisions with respect to collective bargaining agreements. | {"src": "billsum_train", "title": "Reconstructive Surgery Act of 1999"} | 1,489 | 97 | 0.58997 | 1.414514 | 0.812384 | 4.7375 | 16.0625 | 0.9125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cedar Creek and Belle Grove National
Historical Park Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish the Cedar Creek and Belle
Grove National Historical Park in order to--
(1) help preserve, protect, and interpret a nationally
significant Civil War landscape and antebellum plantation for the
education, inspiration, and benefit of present and future
generations;
(2) tell the rich story of Shenandoah Valley history from early
settlement through the Civil War and beyond, and the Battle of
Cedar Creek and its significance in the conduct of the war in the
Shenandoah Valley;
(3) preserve the significant historic, natural, cultural,
military, and scenic resources found in the Cedar Creek Battlefield
and Belle Grove Plantation areas through partnerships with local
landowners and the community; and
(4) serve as a focal point to recognize and interpret important
events and geographic locations within the Shenandoah Valley
Battlefields National Historic District representing key Civil War
battles in the Shenandoah Valley, including those battlefields
associated with the Thomas J. (Stonewall) Jackson campaign of 1862
and the decisive campaigns of 1864.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The Battle of Cedar Creek, also known as the battle of
Belle Grove, was a major event of the Civil War and the history of
this country. It represented the end of the Civil War's Shenandoah
Valley campaign of 1864 and contributed to the reelection of
President Abraham Lincoln and the eventual outcome of the war.
(2) 2,500 acres of the Cedar Creek Battlefield and Belle Grove
Plantation were designated a national historic landmark in 1969
because of their ability to illustrate and interpret important eras
and events in the history of the United States. The Cedar Creek
Battlefield, Belle Grove Manor House, the Heater House, and Harmony
Hall (a National Historic Landmark) are also listed on the Virginia
Landmarks Register.
(3) The Secretary of the Interior has approved the Shenandoah
Valley Battlefields National Historic District Management Plan and
the National Park Service Special Resource Study, both of which
recognized Cedar Creek Battlefield as the most significant Civil
War resource within the historic district. The management plan,
which was developed with extensive public participation over a 3-
year period and is administered by the Shenandoah Valley
Battlefields Foundation, recommends that Cedar Creek Battlefield be
established as a new unit of the National Park System.
(4) The Cedar Creek Battlefield Foundation, organized in 1988
to preserve and interpret the Cedar Creek Battlefield and the 1864
Valley Campaign, has acquired 308 acres of land within the
boundaries of the National Historic Landmark. The foundation
annually hosts a major reenactment and living history event on the
Cedar Creek Battlefield.
(5) Belle Grove Plantation is a Historic Site of the National
Trust for Historic Preservation that occupies 383 acres within the
National Historic Landmark. The Belle Grove Manor House was built
by Isaac Hite, a Revolutionary War patriot married to the sister of
President James Madison, who was a frequent visitor at Belle Grove.
President Thomas Jefferson assisted with the design of the house.
During the Civil War Belle Grove was at the center of the decisive
battle of Cedar Creek. Belle Grove is managed locally by Belle
Grove, Incorporated, and has been open to the public since 1967.
The house has remained virtually unchanged since it was built in
1797, offering visitors an experience of the life and times of the
people who lived there in the 18th and 19th centuries.
(6) The panoramic views of the mountains, natural areas, and
waterways provide visitors with an inspiring setting of great
natural beauty. The historic, natural, cultural, military, and
scenic resources found in the Cedar Creek Battlefield and Belle
Grove Plantation areas are nationally and regionally significant.
(7) The existing, independent, not-for-profit organizations
dedicated to the protection and interpretation of the resources
described above provide the foundation for public-private
partnerships to further the success of protecting, preserving, and
interpreting these resources.
(8) None of these resources, sites, or stories of the
Shenandoah Valley are protected by or interpreted within the
National Park System.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Cedar Creek
and Belle Grove National Historical Park Advisory Commission
established by section 9.
(2) Map.--The term ``Map'' means the map entitled ``Boundary
Map Cedar Creek and Belle Grove National Historical Park'',
numbered CEBE-80,001, and dated September 2002.
(3) Park.--The term ``Park'' means the Cedar Creek and Belle
Grove National Historical Park established under section 5 and
depicted on the Map.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 5. ESTABLISHMENT OF CEDAR CREEK AND BELLE GROVE NATIONAL
HISTORICAL PARK.
(a) Establishment.--There is established the Cedar Creek and Belle
Grove National Historical Park, consisting of approximately 3,000
acres, as generally depicted on the Map.
(b) Availability of Map.--The Map shall be on file and available
for public inspection in the offices of the National Park Service,
Department of the Interior.
SEC. 6. ACQUISITION OF PROPERTY.
(a) Real Property.--The Secretary may acquire land or interests in
land within the boundaries of the Park, from willing sellers only, by
donation, purchase with donated or appropriated funds, or exchange.
(b) Boundary Revision.--After acquiring land for the Park, the
Secretary shall--
(1) revise the boundary of the Park to include newly acquired
land within the boundary; and
(2) administer newly acquired land subject to applicable laws
(including regulations).
(c) Personal Property.--The Secretary may acquire personal property
associated with, and appropriate for, interpretation of the Park.
(d) Conservation Easements and Covenants.--The Secretary is
authorized to acquire conservation easements and enter into covenants
regarding lands in or adjacent to the Park from willing sellers only.
Such conservation easements and covenants shall have the effect of
protecting the scenic, natural, and historic resources on adjacent
lands and preserving the natural or historic setting of the Park when
viewed from within or outside the Park.
(e) Support Facilities.--The National Park Service is authorized to
acquire from willing sellers, land outside the Park boundary but in
close proximity to the Park, for the development of visitor,
administrative, museum, curatorial, and maintenance facilities.
SEC. 7. ADMINISTRATION.
The Secretary shall administer the Park in accordance with this Act
and the provisions of law generally applicable to units of the National
Park System, including--
(1) the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (16
U.S.C. 1 et seq.); and
(2) the Act entitled ``An Act to provide for the preservation
of historic American sites, buildings, objects, and antiquities of
national significance, and for other purposes'', approved August
21, 1935 (16 U.S.C. 461 et seq.).
SEC. 8. MANAGEMENT OF PARK.
(a) Management Plan.--The Secretary, in consultation with the
Commission, shall prepare a management plan for the Park. In
particular, the management plan shall contain provisions to address the
needs of owners of non-Federal land, including independent nonprofit
organizations within the boundaries of the Park.
(b) Submission of Plan to Congress.--Not later than 3 years after
the date of the enactment of this Act, the Secretary shall submit the
management plan for the Park to the Committee on Resources of the House
of Representatives and the Committee on Energy and Natural Resources of
the Senate.
SEC. 9. CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL PARK ADVISORY
COMMISSION.
(a) Establishment.--There is established the Cedar Creek and Belle
Grove National Historical Park Advisory Commission.
(b) Duties.--The Commission shall--
(1) advise the Secretary in the preparation and implementation
of a general management plan described in section 8; and
(2) advise the Secretary with respect to the identification of
sites of significance outside the Park boundary deemed necessary to
fulfill the purposes of this Act.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 15
members appointed by the Secretary so as to include the following:
(A) 1 representative from the Commonwealth of Virginia.
(B) 1 representative each from the local governments of
Strasburg, Middletown, Frederick County, Shenandoah County, and
Warren County.
(C) 2 representatives of private landowners within the
Park.
(D) 1 representative from a citizen interest group.
(E) 1 representative from the Cedar Creek Battlefield
Foundation.
(F) 1 representative from Belle Grove, Incorporated.
(G) 1 representative from the National Trust for Historic
Preservation.
(H) 1 representative from the Shenandoah Valley
Battlefields Foundation.
(I) 1 ex-officio representative from the National Park
Service.
(J) 1 ex-officio representative from the United States
Forest Service.
(2) Chairperson.--The Chairperson of the Commission shall be
elected by the members to serve a term of one year renewable for
one additional year.
(3) Vacancies.--A vacancy on the Commission shall be filled in
the same manner in which the original appointment was made.
(4) Terms of service.--
(A) In general.--Each member shall be appointed for a term
of 3 years and may be reappointed for not more than 2
successive terms.
(B) Initial members.--Of the members first appointed under
paragraph (1), the Secretary shall appoint--
(i) 4 members for a term of 1 year;
(ii) 5 members for a term of 2 years; and
(iii) 6 members for a term of 3 years.
(5) Extended service.--A member may serve after the expiration
of that member's term until a successor has taken office.
(6) Majority rule.--The Commission shall act and advise by
affirmative vote of a majority of its members.
(7) Meetings.--The Commission shall meet at least quarterly at
the call of the chairperson or a majority of the members of the
Commission.
(8) Quorum.--8 members shall constitute a quorum.
(d) Compensation.--Members shall serve without pay. Members who are
full-time officers or employees of the United States, the Commonwealth
of Virginia, or any political subdivision thereof shall receive no
additional pay on account of their service on the Commission.
(e) Travel Expenses.--While away from their homes or regular places
of business in the performance of service for the Commission, members
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703 of title
5, United States Code.
(f) Hearings; Public Involvement.--The Commission may, for purposes
of carrying out this Act, hold such hearings, sit and act at such times
and places, take such public testimony, and receive such evidence, as
the Commission considers appropriate. The Commission may not issue
subpoenas or exercise any subpoena authority.
SEC. 10. CONSERVATION OF CEDAR CREEK AND BELLE GROVE NATIONAL
HISTORICAL PARK.
(a) Encouragement of Conservation.--The Secretary and the
Commission shall encourage conservation of the historic and natural
resources within and in proximity of the Park by landowners, local
governments, organizations, and businesses.
(b) Provision of Technical Assistance.--The Secretary may provide
technical assistance to local governments, in cooperative efforts which
complement the values of the Park.
(c) Cooperation by Federal Agencies.--Any Federal entity conducting
or supporting activities directly affecting the Park shall consult,
cooperate, and, to the maximum extent practicable, coordinate its
activities with the Secretary in a manner that--
(1) is consistent with the purposes of this Act and the
standards and criteria established pursuant to the general
management plan developed pursuant to section 8;
(2) is not likely to have an adverse effect on the resources of
the Park; and
(3) is likely to provide for full public participation in order
to consider the views of all interested parties.
SEC. 11. ENDOWMENT.
(a) In General.--In accordance with the provisions of subsection
(b), the Secretary is authorized to receive and expend funds from an
endowment to be established with the National Park Foundation, or its
successors and assigns.
(b) Conditions.--Funds from the endowment referred to in subsection
(a) shall be expended exclusively as the Secretary, in consultation
with the Commission, may designate for the interpretation,
preservation, and maintenance of the Park resources and public access
areas. No expenditure shall be made pursuant to this section unless the
Secretary determines that such expenditure is consistent with the
purposes of this Act.
SEC. 12. COOPERATIVE AGREEMENTS.
(a) In General.--In order to further the purposes of this Act, the
Secretary is authorized to enter into cooperative agreements with
interested public and private entities and individuals (including the
National Trust for Historic Preservation, Belle Grove, Inc., the Cedar
Creek Battlefield Foundation, the Shenandoah Valley Battlefields
Foundation, and the Counties of Frederick, Shenandoah, and Warren),
through technical and financial assistance, including encouraging the
conservation of historic and natural resources of the Park.
(b) Technical and Financial Assistance.--The Secretary may provide
to any person, organization, or governmental entity technical and
financial assistance for the purposes of this Act, including the
following:
(1) Preserving historic structures within the Park.
(2) Maintaining the natural or cultural landscape of the Park.
(3) Local preservation planning, interpretation, and management
of public visitation for the Park.
(4) Furthering the goals of the Shenandoah Valley Battlefields
Foundation related to the Park.
SEC. 13. ROLES OF KEY PARTNER ORGANIZATIONS.
(a) In General.--In recognition that central portions of the Park
are presently owned and operated for the benefit of the public by key
partner organizations, the Secretary shall acknowledge and support the
continued participation of these partner organizations in the
management of the Park.
(b) Park Partners.--Roles of the current key partners include the
following:
(1) Cedar creek battlefield foundation.--The Cedar Creek
Battlefield Foundation may--
(A) continue to own, operate, and manage the lands acquired
by the Foundation within the Park;
(B) continue to conduct reenactments and other events
within the Park; and
(C) transfer ownership interest in portions of their land
to the National Park Service by donation, sale, or other means
that meet the legal requirements of National Park Service land
acquisitions.
(2) National trust for historic preservation and belle grove
incorporated.--The National Trust for Historic Preservation and
Belle Grove Incorporated may continue to own, operate, and manage
Belle Grove Plantation and its structures and grounds within the
Park boundary. Belle Grove Incorporated may continue to own the
house and grounds known as Bowman's Fort or Harmony Hall for the
purpose of permanent preservation, with a long-term goal of opening
the property to the public.
(3) Shenandoah county.--Shenandoah County may continue to own,
operate, and manage the Keister park site within the Park for the
benefit of the public.
(4) Park community partners.--The Secretary shall cooperate
with the Park's adjacent historic towns of Strasburg and
Middletown, Virginia, as well as Frederick, Shenandoah, and Warren
counties in furthering the purposes of the Park.
(5) Shenandoah valley battlefields foundation.--The Shenandoah
Valley Battlefields Foundation may continue to administer and
manage the Shenandoah Valley Battlefields National Historic
District in partnership with the National Park Service and in
accordance with the Management Plan for the District in which the
Park is located.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There is 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. | Cedar Creek and Belle Grove National Historical Park Act - (Sec. 5) Establishes the Cedar Creek and Belle Grove National Historical Park in Virginia.(Sec. 6) Authorizes the Secretary of the Interior to: (1) acquire land within the Park's boundaries from willing sellers by donation, purchase, or exchange; (2) acquire associated personal property for interpretation of the Park; and (3) acquire conservation easements and enter into covenants regarding lands in or adjacent to the Park to protect the scenic, natural, and historic resources on such lands and preserve the Park's natural or historic setting. Authorizes the National Park Service (NPS) to acquire land outside the Park for the development of visitor, administrative, museum, curatorial, and maintenance facilities.(Sec. 7) Directs the Secretary to: (1) administer the Park in accordance with this Act and laws generally applicable to NPS units; and (2) submit to specified congressional committees a Park management plan which shall contain provisions to address the needs of non-Federal landowners, including independent nonprofit organizations, within Park boundaries.(Sec. 9) Establishes the Cedar Creek and Belle Grove National Historical Park Advisory Commission to advise the Secretary on: (1) the preparation and implementation of the management plan; and (2) the identification of sites of significance outside the Park deemed necessary to fulfill the purposes of this Act.(Sec. 10) Directs the Secretary and the Commission to encourage conservation of the historic and natural resources within and in proximity of the Park by landowners, local governments, organizations, and businesses. Authorizes the Secretary to provide technical assistance to local governments in cooperative efforts which complement the values of the Park.(Sec. 11) Authorizes the Secretary to: (1) receive and expend funds from an endowment to be established with the National Park Foundation for the interpretation, preservation, and maintenance of the Park resources and public access areas; (2) enter into cooperative agreements with interested public and private entities and individuals for the conservation of historic and natural resources of the Park; and (3) provide technical and financial assistance for historic structure preservation, natural or cultural landscape maintenance, local preservation planning, interpretation, management of public visitation, and furthering the goals of the Shenandoah Valley Battlefields Foundation related to the Park.(Sec. 13) Directs the Secretary to acknowledge and support the continued participation by the Cedar Creek Battlefield Foundation, the National Trust for Historic Preservation and Belle Grove Incorporated, Shenandoah County, the towns of Strasburg and Middletown, Frederick, Shenandoah, and Warren Counties, and the Shenandoah Valley Battlefields Foundation in the management of the Park. Permits Cedar Creek Battlefield Foundation to transfer ownership interest in portions of their land to the National Park Service.(Sec. 14) Authorizes appropriations. | {"src": "billsum_train", "title": "To designate the Cedar Creek and Belle Grove National Historical Park as a unit of the National Park System."} | 3,626 | 616 | 0.686046 | 2.48204 | 0.684602 | 4.405405 | 6.361004 | 0.953668 |
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Relief for Educators To Adjust if
Necessary Act'' or the ``RETAIN Act''.
SEC. 2. FLEXIBILITY TO USE FEDERAL FUNDS.
(a) In General.--Subpart 2 of part A of title VI of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7305 et seq.) is amended
to read as follows:
``Subpart 2--Funding Flexibility for States and High-Need Local
Educational Agencies
``SEC. 6121. SHORT TITLE.
``This subpart may be cited as the `State and Local Funding
Flexibility Act'.
``SEC. 6122. PURPOSE.
``The purpose of this subpart is to allow States and high-need
local educational agencies the flexibility to--
``(1) design flexible programs that use Federal funds to
support student achievement for all students, including
students most at risk of failing to meet the State's academic
achievement standards; and
``(2) extend and enhance the funding flexibility provided
to rural local educational agencies under section 6211 to all
State educational agencies and local educational agencies by
providing such agencies flexibility in using Federal formula
funds received to prevent the layoff or termination of teachers
or other staff.
``SEC. 6123. FLEXIBILITY TO USE FEDERAL FUNDS.
``(a) Alternative Uses of Federal Funds for State Educational
Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a State educational
agency may use the applicable funding that the agency receives
for a fiscal year to provide funds to high-need local
educational agencies under the jurisdiction of the State
educational agency to prevent the layoff or termination of
teachers or other staff in such local educational agencies.
``(2) Notification.--Not later than June 1 of each year, a
State educational agency shall notify the Secretary of the
State educational agency's intention to use the applicable
funding for the alternative uses under paragraph (1).
``(3) Applicable funding defined.--
``(A) In general.--Except as provided in
subparagraph (B), in this subsection, the term
`applicable funding' means funds provided to carry out
State activities under one or more of the following
provisions:
``(i) Section 1003(g)(2).
``(ii) Section 1004.
``(iii) Subpart I of Part B of title I.
``(iv) Part C of title I.
``(v) Part D of title I.
``(vi) Part A of title II.
``(vii) Part B of title II.
``(viii) Part A of title III.
``(ix) Part B of title IV.
``(x) Part A of title V.
``(xi) Title I of Public Law 111-226.
``(B) Limitation.--In this subsection, the term
`applicable funding' does not include funds provided
under any of the provisions listed in subparagraph (A)
that State educational agencies are required by this
Act--
``(i) to reserve, allocate, or spend for
required activities;
``(ii) to allot or award to local
educational agencies or other entities eligible
to receive such funds; or
``(iii) to use for technical assistance or
monitoring.
``(4) Disbursement.--The Secretary shall disburse the
applicable funding to State educational agencies for
alternative uses under paragraph (1) for a fiscal year at the
same time as the Secretary disburses the applicable funding to
State educational agencies that do not intend to use the
applicable funding for such alternative uses for the fiscal
year.
``(b) Alternative Uses of Federal Funds for High-Need Local
Educational Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a high-need local
educational agency may use the applicable funding that the
agency receives for a fiscal year to prevent the layoff or
termination of teachers or other staff in the agency.
``(2) Notification.--A high-local educational agency shall
notify the State educational agency of the local educational
agency's intention to use the applicable funding for the
alternative uses under paragraph (1) by a date that is
established by the State educational agency for the
notification.
``(3) Applicable funding defined.--
``(A) In general.--Except as provided in
subparagraph (B), in this subsection, the term
`applicable funding' means funds provided to carry out
local activities under one or more of the following
provisions:
``(i) Part A of title I.
``(ii) Part C of title I.
``(iii) Part D of title I.
``(iv) Part A of title II.
``(v) Part A of title III.
``(vi) Part A of title V.
``(vii) Part A of title VII.
``(viii) Title I of Public Law 111-226.
``(B) Limitation.--In this subsection, the term
`applicable funding' does not include funds provided
under any of the provisions listed in subparagraph (A)
that high-need local educational agencies are required
by this Act--
``(i) to reserve, allocate, or spend for
required activities;
``(ii) to allot or award to entities
eligible to receive such funds; or
``(iii) to use for technical assistance or
monitoring.
``(4) Disbursement.--Each State educational agency that
receives applicable funding for a fiscal year shall disburse
the applicable funding to local educational agencies for
alternative uses under paragraph (1) for the fiscal year at the
same time as the State educational agency disburses the
applicable funding to high-need local educational agencies that
do not intend to use the applicable funding for such
alternative uses for the fiscal year.
``(c) Rule for Administrative Costs.--A State educational agency or
a high-need local educational agency may only use applicable funding
(as defined in subsection (a)(3) or (b)(3), respectively) for
administrative costs incurred in carrying out a provision listed in
subsection (a)(1) or (b)(1), respectively, to the extent that the
agency, in the absence of this section, could have used funds for
administrative costs with respect to a program listed in subsection
(a)(3) or (b)(3), respectively.
``(d) Rule of Construction.--Nothing in this section shall be
construed to relieve a State educational agency or local educational
agency of any requirements relating to--
``(1) maintenance of effort;
``(2) use of Federal funds to supplement, not supplant,
non-Federal funds;
``(3) comparability of services;
``(4) equitable participation of private school students
and teachers;
``(5) applicable civil rights requirements;
``(6) the selection of school attendance areas or schools
under subsections (a) and (b), and allocations to such areas or
schools under subsection (c), of section 1113;
``(7) section 1111;
``(8) section 1116; or
``(9) section 3122.
``(e) Definitions.--For purposes of this subpart:
``(1) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A)(i) that serves not fewer than 10,000 children
from families with incomes below the poverty line;
``(ii) for which not less than 20 percent of the
children served by the agency are from families with
incomes below the poverty line; or
``(iii) which has a teacher-to-student ratio of
1:25; and
``(B)(i) for which there is a high percentage of
teachers not teaching in the academic subjects or grade
levels that the teachers were trained to teach; or
``(ii) for which there is a high percentage of
teachers with emergency, provisional, or temporary
certification or licensing.
``(2) Other staff.--The term `other staff' does not include
administrators or administrative personnel.''.
(b) Conforming Amendment.--The table of contents of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
by striking the items relating to subpart 2 of part A of title VI and
inserting the following:
``Subpart 2--Funding Flexibility for State and Local Educational
Agencies
``Sec. 6121. Short title.
``Sec. 6122. Purpose.
``Sec. 6123. Flexibility to use Federal funds.''. | Relief for Educators To Adjust if Necessary Act or RETAIN Act - Amends part A of title IV (Flexibility and Accountability) of the Elementary and Secondary Education Act of 1965 (ESEA) to replace the existing program under subpart 2 with a new Funding Flexibility for States and High-Need Local Educational Agencies program.
Allows states to use funds that they receive under certain ESEA and Education Jobs Fund programs to provide funds to their high-need local educational agencies (LEAs) to prevent the layoff or termination of teachers or other staff in such LEAs.
Lists the programs from which states may use funds to prevent such layoffs or terminations as:
school improvement programs, under part A of title I; the Reading First program, under subpart 1 of part B of title I; the Education of Migratory Children program, under part C of title I; Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk, under part D of title I; the Teacher and Principal Training and Recruiting Fund program, under part A of title II; the Mathematics and Science Partnerships program, under part B of title II; the English Language Acquisition, Language Enhancement, and Academic Achievement Act program, under part A of title III; the 21st Century Community Learning Centers program, under part B of title IV; Innovative programs, under part A of title V of the ESEA; and Education Jobs Fund programs. Allows high-need LEAs to use funds that they receive under certain ESEA and Education Jobs Fund programs to prevent the layoff or termination of teachers or other staff in such LEAs.
Lists the programs from which high-need LEAs may use funds to prevent such layoffs or terminations as:
school improvement programs, under part A of title I;
the Education of Migratory Children program, under part C of title I;
Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk, under part D of title I;
the Teacher and Principal Training and Recruiting Fund program, under part A of title II;
the English Language Acquisition, Language Enhancement, and Academic Achievement Act program, under part A of title III;
Innovative programs, under part A of title V;
Indian Education programs, under part A of title VII of the ESEA; and
Education Jobs Fund programs.
Prohibits states and high-need LEAs from transferring the funds to such programs if the ESEA requires them to: (1) reserve, allocate, or spend the funds for required activities; (2) provide them to eligible entities; or (3) use them for technical assistance or monitoring. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to provide States and high-need local educational agencies with flexibility in using Federal funds provided under such Act, and for other purposes."} | 1,989 | 586 | 0.616603 | 1.844423 | 0.752808 | 2.193798 | 3.563953 | 0.806202 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Infrastructure Accelerator
Act of 2015''.
SEC. 2. PURPOSES.
The purpose of this program is to facilitate and mobilize
investment in, and the long-term financing of, economically viable
covered infrastructure projects of regional or national significance by
providing funding for these projects, including through private sector
financing, to accelerate the delivery of high-quality, critical
infrastructure through a self-sustaining regional infrastructure
accelerator that mitigates risk with technical expertise and best
practices.
SEC. 3. REGIONAL INFRASTRUCTURE ACCELERATOR PROGRAM ESTABLISHED.
(a) In General.--From amounts appropriated under paragraphs (1) and
(3) of section 8, the Secretary of Treasury may establish a regional
infrastructure accelerator program (in this section referred to as the
``Program'') to provide grants to regional infrastructure accelerators
to establish and administer a process for developing the priorities of
and acquiring financing for covered infrastructure projects.
(b) Program Structure.--The Program established pursuant to this
Act shall include--
(1) an initial grant to a regional infrastructure
accelerator that submits an application and a plan for
promoting investment in covered infrastructure projects; and
(2) a subsequent grant to a regional infrastructure
accelerator for the purpose of awarding subgrants to one or
more State, local, or regional public entities to support
covered infrastructure projects and within the geographic area
represented by the regional infrastructure accelerator.
SEC. 4. INITIAL GRANTS TO REGIONAL INFRASTRUCTURE ACCELERATORS.
(a) Application.--A regional infrastructure accelerator that seeks
a grant under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may reasonably require, including a plan that describes how
the regional infrastructure accelerator will promote investment in
covered infrastructure projects by--
(1) providing guidance and feedback to State, local, or
regional public entities on infrastructure priorities,
financing strategies, and other matters relating to such
projects;
(2) evaluating and promoting innovative financing methods;
(3) connecting sources of financing to the State, local, or
regional public entities;
(4) establishing standards to measure life-cycle costs of
investments in such projects, defined as budgetary impacts of
the design, development or construction, operations, and
maintenance of an infrastructure asset;
(5) building capacity of State and local governments to
evaluate and structure projects involving the investment of
private capital; and
(6) providing technical assistance and information on best
practices with respect to such projects which shall include--
(A) identifying and selecting qualified advisors
such as infrastructure financial analysts and contract
negotiators;
(B) incorporating resiliency risk analyses into
project planning and design;
(C) preparing and reviewing requests for
qualifications and proposals from private sector
partners; and
(D) applying standardized analyses and processes
that provide quantitative data on infrastructure
investments, or specifically a ``value for money''
analysis.
(b) Selection.--From applications received under subsection (a),
the Secretary shall select 5 regional infrastructure accelerators from
geographically diverse regions to receive a grant under this section.
(c) Structure of Regional Infrastructure Accelerators.--
(1) In general.--To be eligible to receive a grant under
this Act, a regional infrastructure accelerator shall have a
board of directors.
(2) Board of directors.--
(A) Composition.--The board of directors of a
regional infrastructure accelerator shall include at
least one representative of each State, locality, or
region in the area served by the regional
infrastructure accelerator, as nominated by a governing
body participating in the regional infrastructure
accelerator and that participated in submitting an
application under subsection (a).
(B) Duties.--The duties of the board of directors
shall be to--
(i) develop and approve of a regional
infrastructure accelerator plan for their
respective regional infrastructure accelerator;
(ii) select subgrantees for award of funds
for predevelopment costs, as described in
section 5; and
(iii) approve of and submit a report to the
Secretary as described in subsection (e).
(C) Requirements to approve plan.--In carrying out
its duties under subparagraph (B)(i), the Board of
Directors shall consider public stakeholder input
from--
(i) a public project sponsor with
experience in infrastructure financing;
(ii) an entity with the ability to finance
covered infrastructure projects in the area
served by the regional infrastructure
accelerator, including private sector equity
investors, public pension funds, endowments,
and other financial investment funds;
(iii) a construction or real estate
development entity with the capacity to develop
covered infrastructure projects in the area
served by the regional infrastructure
accelerator;
(iv) a representative of an organized labor
association or an association of workers
representing labor and workplace standards;
(v) a legal expert with experience in
contract development and execution of public
private partnerships; and
(vi) a representative of each Federal
agency or department with jurisdiction over
covered infrastructure projects.
(d) Use of Funds.--A regional infrastructure accelerator that is
awarded a grant under this section shall use such grant to--
(1) assess regional approaches to advancing innovative
investment in covered infrastructure projects;
(2) develop strategies for--
(A) transparency in the analysis of covered
infrastructure projects to ensure protection of the
public interest;
(B) the bundling of smaller scale and rural
projects into a larger transaction for investment; and
(C) reducing transaction costs;
(3) facilitatate the creation of a catalog of covered
infrastructure projects available for investment; and
(4) analyze and apply procurement methods for covered
infrastructure projects, including--
(A) assessing taxpayer benefits of contractual
agreements for the management and allocation of risks
in infrastructure procurement;
(B) measuring the speed and quality of project
completion;
(C) assessing the use of contracting strategies in
which teams provide design, construction, financing,
and maintenance solutions for performance outcomes; and
(D) complete the report described in subsection
(e).
(e) Report.--Not later than 12 months after receipt of a grant
under this section each regional infrastructure accelerator shall
submit to the Secretary a report, which shall include--
(1) an update on the implementation of the plan described
in subsection (a);
(2) a description of the infrastructure needs of the region
to be served by the regional infrastructure accelerator;
(3) a proposal of covered infrastructure projects to be
accomplished through a subsequent grant awarded under section
4; and
(4) the procurement strategies the regional infrastructure
accelerator intends to use for such covered infrastructure
projects.
(f) Selection for Subsequent Grant.--The Secretary shall review the
reports submitted under subsection (e) and select not fewer than 4
regional infrastructure accelerators to receive a subsequent grant
pursuant to section 4.
SEC. 5. SUBSEQUENT GRANTS TO REGIONAL INFRASTRUCTURE ACCELERATORS.
(a) In General.--Not later than 60 days after the Secretary reviews
the report submitted under section 4(e), and from amounts appropriated
under section 8(2), the Secretary shall award grants to the regional
infrastructure accelerators selected under section 4(f). A regional
infrastructure accelerator may use a grant awarded under this section
to make subgrants to State, local, or regional public entities for
predevelopment costs.
(b) Restrictions on Subgrants.--Regional infrastructure
accelerators may make subgrants to State, local, or regional public
entities for predevelopment costs in an amount not to exceed $300,000
or 75 percent of the project costs, whichever is less. The subgrantee
shall provide, or shall secure from other sources, funding for
remaining balance of the project costs. Funds made available under this
section for predevelopment costs cannot be used to pay for work already
completed.
(c) Application.--A State, local, or regional public entity may
submit an application for a subgrant to a regional infrastructure
accelerator that receives a grant under subsection (a) at such time, in
such manner, and containing such information as the regional
infrastructure accelerator may reasonably require.
(d) Use of Funds.--Eligible costs shall include the following costs
associated with covered infrastructure projects:
(1) Project planning, feasibility studies, economic
assessments, cost-benefit analyses, and public benefit studies.
(2) ``Value-for-money'' analyses.
(3) Design and engineering.
(4) Financial planning (including the identification of
funding and financing options).
(5) Permitting, environmental review, and regulatory
processes.
(6) Assessment of the impacts of potential projects on the
area, including the effect on communities and environment.
(7) The workforce and wages and benefits, as well as
assessment of infrastructure vulnerability and resilience to
the impacts of climate change and other risks.
(8) Public outreach and community engagement.
SEC. 6. REPORT TO CONGRESS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary shall submit to Congress a report on the effectiveness of
the Program established under this Act. The report shall include an
overview of the Program and findings related to the effectiveness of
regional collaboration on infrastructure investment, infrastructure
finance, and the utilization of procurement methods (as described in
section 4(d)(4)).
SEC. 7. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Covered infrastructure project.--In this Act, the term
``covered infrastructure project'' means an infrastructure
project--
(A) that is sponsored by a State, local, or
regional public entity; and
(B) that involves the construction, consolidation,
alteration, or repair of any of the following:
(i) Intercity passenger or freight rail
lines.
(ii) Intercity passenger rail facilities or
equipment.
(iii) Intercity freight rail facilities or
equipment.
(iv) Intercity passenger bus facilities or
equipment.
(v) Public transportation facilities or
equipment.
(vi) Highway facilities, including bridges
and tunnels.
(vii) Airports.
(viii) Air traffic control systems.
(ix) Port or marine terminal facilities,
including approaches to marine terminal
facilities or inland port facilities.
(x) Port or marine equipment, including
fixed equipment to serve approaches to marine
terminals or inland ports.
(xi) Ports of entry or border crossing
infrastructure.
(xii) Transmission or distribution
pipelines.
(xiii) Inland waterways.
(xiv) Intermodal facilities or equipment
related to 2 or more of the sectors described
in clauses (i) through (xiii).
(xv) Water treatment and solid waste
disposal facilities, including drinking water
facilities.
(xvi) Storm water management systems.
(xvii) Dams and levees.
(xviii) Facilities or equipment for energy
transmission, distribution or storage.
(2) Regional infrastructure accelerator.--The term
``regional infrastructure accelerator'' means a multi-
jurisdictional organization organized and dedicated to provide
technical assistance, financing options, and resources for
covered infrastructure projects within the jurisdictions
represented in such organization.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, and any
territory or possession of the United States.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the Program
established under this Act $25,000,000, of which--
(1) $11,500,000 shall be used for initial grants to
regional infrastructure accelerator under section 3, to be
expended not later than 9 months after the date of enactment of
this Act;
(2) $13,000,000 shall be used for subgrants to covered
entities under section 4, to be expended not later than 6
months after the submission of the final report required under
section 4(e); and
(3) $500,000 shall be used for administrative costs of the
Program. | Regional Infrastructure Accelerator Act of 2015 This bill authorizes the Department of the Treasury to establish a regional infrastructure accelerator program to provide grants to regional infrastructure accelerators to establish and administer a process for developing the priorities of, and acquiring financing for, covered infrastructure projects. A "regional infrastructure accelerator" is defined as a multi-jurisdictional organization dedicated to provide technical assistance, financing options, and resources for covered infrastructure projects within the represented jurisdictions. A "covered infrastructure project" is as an infrastructure project sponsored by a state, local, or regional public entity that involves the construction, consolidation, alteration, or repair of rail, bus, or public transportation facilities or equipment, highway facilities (including bridges and tunnels), airports, port or marine facilities and equipment, pipelines, inland waterways, intermodal facilities and equipment, water treatment and solid waste disposal facilities, storm water management systems, dams and levees, and facilities or equipment for energy transmission, distribution, or storage. From applications received, Treasury shall select five regional infrastructure accelerators from geographically diverse regions to receive initial grants. A regional infrastructure accelerator shall use such a grant to: assess regional approaches to advancing innovative investment in covered infrastructure projects; develop strategies for transparency in the analysis of such projects to ensure protection of the public interest, for the bundling of smaller scale and rural projects into a larger transaction for investment, and for reducing transaction costs; facilitate the creation of a catalog of covered infrastructure projects available for investment; and analyze and apply project procurement methods. Treasury shall review reports submitted by such accelerators and select four of them to receive subsequent grants. A selected accelerator may use such subsequent grant to make subgrants to public entities for covered infrastructure predevelopment costs, which may include project planning, feasibility studies, economic assessments, cost-benefit analyses, public benefit studies, design and engineering, financial planning, permitting, environmental review, assessment of the impacts on the area, workforce and wages and benefits, assessment of infrastructure vulnerability and resilience to the impacts of climate change and other risks, and public outreach and community engagement. | {"src": "billsum_train", "title": "Regional Infrastructure Accelerator Act of 2015"} | 2,566 | 450 | 0.707109 | 2.365138 | 0.874863 | 3.977723 | 6.138614 | 0.957921 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing the Strength and Capacity
of America's Primary Evacuation Routes Act'' or the ``ESCAPE Act''.
SEC. 2. EVACUATION ROUTE PROGRAM.
(a) Definitions.--In this section:
(1) Evacuation route.--
(A) In general.--The term ``evacuation route''
means a route that--
(i) is owned, operated, or maintained by a
Federal, State, or local government or a
private entity;
(ii) is used--
(I) to transport the public away
from emergency events (as defined in
section 667.3 of title 23, Code of
Federal Regulations (or successor
regulations)); or
(II) to transport emergency
responders and recovery resources; and
(iii) is designated by the State in which
the route is located for the purposes described
in clause (ii).
(B) Inclusion.--The term ``evacuation route''
includes an eligible project under subsection (d).
(2) Program.--The term ``program'' means the competitive
grant program established under subsection (b)(1).
(3) Resilience project.--The term ``resilience project''
means a project--
(A) with the ability to anticipate, prepare for,
and adapt to changing conditions and withstand, respond
to, and recover rapidly from disruptions; and
(B) designed and built to address current and
future vulnerabilities to an evacuation route due to--
(i) future occurrence or recurrence of
emergency events (as defined in section 667.3
of title 23, Code of Federal Regulations (or
successor regulations)) that are likely to
occur in the geographic area in which the
evacuation route is located; or
(ii) projected changes in development
patterns, demographics, or extreme weather
events based on the best available evidence and
analysis.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment of Program.--
(1) In general.--The Secretary (in consultation with the
Administrator of the Federal Emergency Management Agency for
the purposes described in paragraph (3)) shall establish a
competitive grant program to provide grants for resilience
projects that strengthen and protect evacuation routes that are
essential for providing and supporting mass evacuations caused
by emergency events (as defined in section 667.3 of title 23,
Code of Federal Regulations (or successor regulations)).
(2) Requirements.--A grant awarded under the program shall
address--
(A) current and future vulnerabilities to an
evacuation route due to future occurrence or recurrence
of emergency events (as defined in section 667.3 of
title 23, Code of Federal Regulations (or successor
regulations)) that are likely to occur in the
geographic area in which the evacuation route is
located; and
(B) projected changes in development patterns,
demographics, or climate change and extreme weather
events based on the best available evidence and
analysis.
(3) Consultation.--In carrying out the program, the
Administrator of the Federal Emergency Management Agency shall
consult with the Secretary to provide technical assistance to
the Secretary and to applicants.
(c) Eligible Resilience Projects.--The Secretary shall provide
grants under this section to resilience projects--
(1) that are eligible projects under subsection (d); and
(2) that--
(A) ensure the ability of the evacuation route to
provide safe passage during a mass evacuation and
reduce the risk of damage to evacuation routes as a
result of future emergency events (as defined in
section 667.3 of title 23, Code of Federal Regulations
(or successor regulations)), including--
(i) restoring or replacing existing mass
evacuation routes that are structurally
deficient or functionally obsolete;
(ii) protecting, elevating, or relocating
assets that are located in a base floodplain;
(iii) protecting assets vulnerable to high
winds;
(iv) installing mitigation measures that
prevent the intrusion of floodwaters into
transportation systems;
(v) strengthening systems that remove
rainwater from transportation facilities or
services; or
(vi) other resilience projects that address
identified vulnerabilities;
(B) if the Secretary determines that existing
evacuation routes are not sufficient to adequately
facilitate mass evacuations, expand the capacity of
evacuation routes to swiftly and safely accommodate
mass evacuations, including installation of--
(i) communications and intelligent
transportation system equipment and
infrastructure;
(ii) counterflow measures; or
(iii) shoulders;
(C) are for the construction of--
(i) new or redundant evacuation routes, if
the Secretary determines that existing
evacuation routes are not sufficient to
adequately facilitate mass evacuations; or
(ii) sheltering facilities; or
(D) involve planning and acquisition, including--
(i) mass evacuation planning and
preparation, such as--
(I) coordination with agencies and
departments within the State, first
responders, and other States;
(II) identification of evacuation
routes;
(III) evacuation route education
and awareness campaigns;
(IV) traffic analysis and
monitoring; or
(V) data sharing;
(ii) acquisition of evacuation route and
traffic incident management equipment and
vehicles;
(iii) evacuation route risk assessment;
(iv) development of enhanced mass
evacuation response capabilities;
(v) evacuation route signage; or
(vi) equipment for pedestrian movement.
(d) Eligible Projects.--The Secretary may make a grant under this
section only for a project that is--
(1) a project eligible for assistance under title 23,
United States Code;
(2) a public transportation facility or service eligible
for assistance under chapter 53 of title 49, United States
Code;
(3) a facility or service for intercity rail passenger
transportation (as defined in section 24102 of title 49, United
States Code);
(4) a port facility, including a facility that--
(A) connects a port to other modes of
transportation;
(B) improves the efficiency of mass evacuations and
disaster relief; or
(C) aids transportation;
(5) a public-use airport (as defined in section 47102 of
title 49, United States Code) that is included in the national
plan of integrated airport systems developed by the Federal
Aviation Administration under section 47103 of title 49, United
States Code; or
(6) a route owned, operated, or maintained by the Corps of
Engineers.
(e) Eligible Entities.--The Secretary may award a grant under this
section to any of the following:
(1) A State.
(2) A metropolitan planning organization that serves an
urbanized area (as defined by the Bureau of the Census) with a
population of more than 200,000 individuals.
(3) A unit of local government.
(4) A political subdivision of a State or local government.
(5) A special purpose district or public authority with a
transportation function, including a port authority.
(6) A Federal land management agency that applies jointly
with a State or group of States.
(7) A Tribal government or a consortium of Tribal
governments.
(8) A multistate or multijurisdictional group of entities
described in paragraphs (1) through (7).
(f) Applications.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary determines to be necessary.
(g) Criteria.--In selecting resilience projects to receive grants
under the program, the Secretary shall consider--
(1) the cost of the project compared to the risk of
recurring damage and the cost of future repairs, taking into
account current and future emergency events (as defined in
section 667.3 of title 23, Code of Federal Regulations (or
successor regulations)) and extreme weather events, to the
maximum extent practicable;
(2) the extent to which the project reduces the financial
risk to the Federal Government; and
(3) such other criteria as the Secretary determines to be
appropriate.
(h) Administration of Projects.--Responsibility for oversight and
administration of a project that receives a grant under this section--
(1) may be transferred within the Department of
Transportation; and
(2) shall be administered in accordance with--
(A) title 23 and title 49, United States Code, as
applicable;
(B) title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.);
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(D) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
(i) Federal Cost Share.--
(1) In general.--The Federal share of the cost of a project
carried out under the program shall not exceed 80 percent of
the total project cost.
(2) Non-federal share.--The eligible entity may use funds
provided from other Federal sources to meet the non-Federal
cost share requirement for a project under the program.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section for each fiscal year
$1,000,000,000, to remain available until expended. | Enhancing the Strength and Capacity of America's Primary Evacuation Routes Act or the ESCAPE Act This bill directs the Department of Transportation to establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events. The bill defines "resilience project" to mean a project: (1) with the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions; and (2) designed and built to address current and future vulnerabilities to an evacuation route. | {"src": "billsum_train", "title": "Enhancing the Strength and Capacity of America's Primary Evacuation Routes Act"} | 1,995 | 134 | 0.651843 | 1.915825 | 0.65656 | 5.894737 | 16.754386 | 0.929825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children First Child Support Reform
Act of 1998''.
SEC. 2. DISTRIBUTION AND TREATMENT OF CHILD SUPPORT COLLECTED BY OR ON
BEHALF OF FAMILIES RECEIVING ASSISTANCE UNDER TANF.
(a) Requirement to Pass All Child Support Collected Directly to the
Family.--
(1) In general.--Section 457 of the Social Security Act (42
U.S.C. 657) is amended--
(A) by striking all that precedes subsection (f)
and inserting the following:
``SEC. 457. DISTRIBUTION OF COLLECTED SUPPORT.
``(a) Distribution to Family.--
``(1) In General.--Subject to paragraph (2) and subsection
(f), any amount collected on behalf of a family as support by a
State pursuant to a plan approved under this part shall be
distributed to the family.
``(2) Families under certain agreements.--In the case of an
amount collected for a family in accordance with a cooperative
agreement under section 454(33), the State shall distribute the
amount so collected pursuant to the terms of the agreement.
``(b) Hold Harmless Provision.--If the amounts collected which
could be retained by the State in the fiscal year (to the extent
necessary to reimburse the State for amounts paid to families as
assistance by the State) are less than the State share of the amounts
collected in fiscal year 1995, the State share for the fiscal year
shall be an amount equal to the State share in fiscal year 1995.'';
(B) by redesignating subsection (f) as subsection
(c); and
(C) in subsection (c) (as so redesignated), by
striking ``Notwithstanding'' and inserting ``Amounts
Collected On Behalf of Children in Foster Care.--
Notwithstanding''.
(2) Conforming amendments.--
(A) Section 409(a)(7)(B)(i)(I))(aa) of the Social
Security Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is
amended by striking ``457(a)(1)(B)'' and inserting
``457''.
(B) Section 454B(c) of such Act (42 U.S.C. 654b(c))
is amended by striking ``457(a)'' and inserting
``457''.
(b) Disregard of Child Support Collected For Purposes of
Determining Amount of TANF Assistance.--Section 408(a) of the Social
Security Act (42 U.S.C. 608(a)) is amended by adding at the end the
following:
``(12) Requirement to disregard child support in
determining amount of assistance.--
``(A) In general.--A State to which a grant is made
under section 403 shall disregard any amount received
by a family as a result of a child support obligation
in determining the amount or level of assistance that
the State will provide to the family under the State
program funded under this part.
``(B) Option to include child support for purposes
of determining eligibility.--A State may include any
amount received by a family as a result of a child
support obligation in determining the family's income
for purposes of determining the family's eligibility
for assistance under the State program funded under
this part.''.
(c) Elimination of TANF Requirement to Assign Support to the
State.--
(1) In general.--Section 408(a) of the Social Security Act
(42 U.S.C. 608(a)) is amended by striking paragraph (3).
(2) Conforming amendments.--
(A) Section 452 of the Social Security Act (42
U.S.C. 652) is amended--
(i) in subsection (a)(10)(C), by striking
``section 408(a)(3) or under''; and
(ii) in subsection (h), by striking ``or
with respect to whom an assignment pursuant to
section 408(a)(3) is in effect''.
(B) Section 454(5) of such Act (42 U.S.C. 654(5))
is amended by striking ``(A) in any case'' and all that
follows through ``the support payments collected, and
(B)''.
(C) Section 456(a) of such Act (42 U.S.C. 656(a))
is amended--
(i) in paragraph (1), by striking
``assigned to the State pursuant to section
408(a)(3) or''; and
(ii) in paragraph (2)(A), by striking
``assigned''.
(D) Section 464(a)(1) of such Act (42 U.S.C.
654(a)(1)) is amended by striking ``section 408(a)(3)
or ''.
(E) Section 466(a)(3)(B) of such Act (42 U.S.C.
666(a)(3)(B)) is amended by striking ``408(a)(3) or ''.
(F) Section 458A(b)(5)(C)(i)(I) of the Social
Security Act (42 U.S.C. 658a(b)(5)(C)(i)(I)), as added
by the Child Support Performance and Incentive Act of
1998 (Public Law 105-200; 112 Stat. 645) is amended by
striking ``A or''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section take effect on October 1, 1998.
(2) Child support performance and incentive act conforming
amendment.--The amendment made by subsection (c)(2)(F) shall
take effect on October 2, 1999. | Children First Child Support Reform Act of 1998 - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require States to pass through directly to families on assistance under SSA title IV part A (Temporary Assistance for Needy Families) (TANF) all child support collected by the State on behalf of such families on TANF assistance.
Amends SSA title IV part A to require a State to disregard child support collected for purposes of determining the amount of TANF assistance; but allows the State to include such support in family income for purposes of determining TANF eligibility. Repeals the TANF requirement that families assign certain support rights to the State. | {"src": "billsum_train", "title": "Children First Child Support Reform Act of 1998"} | 1,371 | 162 | 0.54654 | 1.38505 | 0.779037 | 1.947368 | 7.954887 | 0.849624 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Fair Treatment Act of
1995''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE
Sec. 101. Definitions.
Sec. 102. Compliance guides.
Sec. 103. No action letter.
Sec. 104. Voluntary self-audits.
TITLE II--MISCELLANEOUS PROVISIONS
Sec. 201. Performance measures.
Sec. 202. Grace period for correction of violations of Environmental
Protection Agency regulations.
Sec. 203. Waiver of punitive fines for small entities.
TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE
SEC. 101. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Compliance guide.--The term ``compliance guide'' means
a publication made by a covered agency under section 102(a).
(2) Covered agency.--The term ``covered agency'' means any
agency that, on the date of enactment of this Act, has
promulgated any rule for which a regulatory flexibility
analysis was required under section 605 of title 5, United
States Code, and any other agency that promulgates any such
rule, as of the date of enactment of this Act.
(3) No action letter.--The term ``no action letter'' means
a written determination from a covered agency stating that,
based on a no action request submitted to the agency by a small
entity, the agency will not take enforcement action against the
small entity under the rules of the covered agency.
(4) No action request.--The term ``no action request''
means a written correspondence submitted by a small entity to a
covered agency--
(A) stating a set of facts; and
(B) requesting a determination by the agency of
whether the agency would take an enforcement action
against the small entity based on such facts and the
application of any rule of the agency.
(5) Rule.--The term ``rule'' has the same meaning as in
section 601(2) of title 5, United States Code.
(6) Small entity.--The term ``small entity'' has the same
meaning as in section 601(6) of title 5, United States Code.
(7) Small business concern.--The term ``small business
concern'' has the same meaning as in section 3 of the Small
Business Act.
(8) Voluntary self-audit.--The term ``voluntary self-
audit'' means an audit, assessment, or review of any operation,
practice, or condition of a small entity that--
(A) is initiated by an officer, employee, or agent
of the small entity; and
(B) is not required by law.
SEC. 102. COMPLIANCE GUIDES.
(a) Compliance Guide.--
(1) Publication.--If a covered agency is required to
prepare a regulatory flexibility analysis for a rule or group
of related rules under section 603 of title 5, United States
Code, the agency shall publish a compliance guide for such rule
or group of related rules.
(2) Requirements.--Each compliance guide published under
paragraph (1) shall--
(A) contain a summary description of the rule or
group of related rules;
(B) contain a citation to the location of the
complete rule or group of related rules in the Federal
Register;
(C) provide notice to small entities of the
requirements under the rule or group of related rules
and explain the actions that a small entity is required
to take to comply with the rule or group of related
rules;
(D) be written in a manner to be understood by the
average owner or manager of a small entity; and
(E) be updated as required to reflect changes in
the rule.
(b) Dissemination.--
(1) In general.--Each covered agency shall establish a
system to ensure that compliance guides required under this
section are published, disseminated, and made easily available
to small entities.
(2) Small business development centers.--In carrying out
this subsection, each covered agency shall provide sufficient
numbers of compliance guides to small business development
centers for distribution to small businesses concerns.
(c) Limitation on Enforcement.--
(1) In general.--No covered agency may bring an enforcement
action in any Federal court or in any Federal administrative
proceeding against a small entity to enforce a rule for which a
compliance guide is not published and disseminated by the
covered agency as required under this section.
(2) Effective dates.--This subsection shall take effect--
(A) 1 year after the date of the enactment of this
Act with regard to a final regulation in effect on the
date of the enactment of this Act; and
(B) on the date of the enactment of this Act with
regard to a regulation that takes effect as a final
regulation after such date of enactment.
SEC. 103. NO ACTION LETTER.
(a) Application.--This section applies to all covered agencies,
except--
(1) the Federal Trade Commission;
(2) the Equal Employment Opportunity Commission; and
(3) the Consumer Product Safety Commission.
(b) Issuance of No Action Letter.--Not later than 90 days after the
date on which a covered agency receives a no action request, the agency
shall--
(1) make a determination regarding whether to grant the no
action request, deny the no action request, or seek further
information regarding the no action request; and
(2) if the agency makes a determination under paragraph (1)
to grant the no action request, issue a no action letter and
transmit the letter to the requesting small entity.
(c) Reliance on No Action Letter or Compliance Guide.--In any
enforcement action brought by a covered agency in any Federal court or
Federal administrative proceeding against a small entity, the small
entity shall have a complete defense to any allegation of noncompliance
or violation of a rule if the small entity affirmatively pleads and
proves by a preponderance of the evidence that the act or omission
constituting the alleged noncompliance or violation was taken in good
faith with and in reliance on--
(1) a no action letter from that agency; or
(2) a compliance guide of the applicable rule published by
the agency under section 102(a).
SEC. 104. VOLUNTARY SELF-AUDITS.
(a) Procedures.--Each agency shall establish voluntary self-audit
procedures for small entities regulated by the agency.
(b) Inadmissibility of Evidence and Limitation on Discovery.--If
action to address a violation is taken not later than 180 days after
the date on which a voluntary self-audit is concluded, the evidence
described in subsection (c)--
(1) shall not be admissible, unless agreed to by the small
entity, in any enforcement action brought against a small
entity by a Federal agency in any Federal--
(A) court; or
(B) administrative proceeding; and
(2) may not be the subject of discovery in any enforcement
action brought against a small entity by a Federal agency in
any Federal--
(A) court; or
(B) administrative proceeding.
(c) Application.--For purposes of subsection (b), the evidence
described in this subsection is--
(1) a voluntary self-audit made in good faith; and
(2) any report, finding, opinion, or any other oral or
written communication made in good faith relating to such
voluntary self-audit.
(d) Exceptions.--Subsection (b) shall not apply if--
(1) the act or omission that forms the basis of the
enforcement action is a violation of criminal law; or
(2) the voluntary self-audit or the report, finding,
opinion, or other oral or written communication was prepared
for the purpose of avoiding disclosure of information required
for an investigative, administrative, or judicial proceeding
that, at the time of preparation, was imminent or in progress.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. PERFORMANCE MEASURES.
No covered agency shall establish or enforce agency personnel
practices that reward agency employees, directly or indirectly, based
on the number of contacts made with small entities in pursuit of
enforcement actions or on the amount of fines levied against small
entities to enforce agency regulations.
SEC. 202. GRACE PERIOD FOR CORRECTION OF VIOLATIONS OF ENVIRONMENTAL
PROTECTION AGENCY REGULATIONS.
(a) In General.--Subject to subsection (b), for violations of
regulations identified on or after the date of enactment of this Act,
the Administrator of the Environmental Protection Agency shall afford
small entities 180 days after the date on which the violation is
identified to correct such violation.
(b) Exception.--Subsection (a) shall not apply--
(1) if the Administrator of the Environmental Protection
Agency determines that there is an imminent risk to public
health or worker safety; or
(2) to a violation of a regulation for which criminal
liability may be imposed.
SEC. 203. WAIVER OF PUNITIVE FINES FOR SMALL ENTITIES.
Notwithstanding any other law, policy, or practice, a covered
agency may waive all or part of a punitive fine that would otherwise be
imposed on a small entity if--
(1) the fine is for a first time violation of a law or
regulation; and
(2) the small entity acts quickly and in good faith to
correct the violation. | TABLE OF CONTENTS:
Title I: Regulatory Simplification and Voluntary Compliance
Title II: Miscellaneous Provisions
Small Business Fair Treatment Act of 1995 -
Title I: Regulatory Simplification and Voluntary Compliance
- Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which: (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required. Requires such guide to be disseminated to small entities, as well as to small business development centers. Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated.
(Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request). Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement.
(Sec. 104) Requires each covered agency to establish voluntary self-audit procedures for small entities regulated by the agency. Makes inadmissible as evidence in an action, as well as outside the bounds of discovery, any information compiled by a small entity in a voluntary self-audit, as long as an action to address such violation is brought within 180 days after the conclusion of the self-audit.
Title II: Miscellaneous Provisions
- Prohibits any covered agency from establishing personnel practices that reward its employees based on the number of contacts made with small entities in pursuit of enforcement actions or the levy of fines to enforce agency regulations.
(Sec. 202) Directs the Administrator of the Environmental Protection Agency (EPA) to afford small entities a 180-day grace period for the correction of EPA violations, with exceptions.
(Sec. 203) Authorizes a covered agency to waive all or part of any punitive fine that would otherwise be imposed on a small entity: (1) for a first time violation; and (2) if the small entity acts quickly and in good faith to correct the violation. | {"src": "billsum_train", "title": "Small Business Fair Treatment Act of 1995"} | 2,175 | 575 | 0.712491 | 2.32861 | 0.737556 | 3.11609 | 3.930754 | 0.892057 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USDA Accountability and Equity Act
of 1997''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``Department'' means the Department of
Agriculture.
(2) The term ``Secretary'' means the Secretary of
Agriculture.
(3) The term ``Assistant Secretary'' means the Assistant
Secretary of Agriculture for Administration.
(4) The term ``socially disadvantaged customer'' means
socially disadvantaged farmer or rancher, as defined in section
355(e)(2) of the Consolidated Farm and Rural Development Act.
TITLE I--PROGRAM ACCOUNTABILITY
SEC. 101. CONVERSION OF COUNTY COMMITTEES.
Effective 90 days after the date of the enactment of this Act,
section 8(a)(5)(B) of the Soil Conservation and Domestic Allotment Act
(16 U.S.C. 590h(a)(5)(B)) is amended--
(1) by striking clause (ii) and inserting the following:
``(ii) Any such committee shall consist of not fewer than 5
nor more than 7 members as follows:
``(I) Not fewer than 3 and not more than 5 members
shall be fairly representative of the agricultural
producers in the county or area, and shall be elected
by the agricultural producers in such county or area
under such procedures as the Secretary may prescribe.
``(II) two members shall be demographically
representative of members of groups of agricultural
producers in the county or area who, in the absence of
the members, would be underrepresented on the
committee, and shall be appointed by the Secretary,
based on recommendations made by the underrepresented
groups. If the Secretary makes such an appointment from
among persons not so recommended, the Secretary shall
provide the reasons therefor upon request.''; and
(2) by adding at the end the following:
``(vi) The civil service laws shall apply to all persons
performing functions for any county, area, or local committee,
subject to such regulations as the Secretary may prescribe
taking into account the recommendations made under section 102
of the USDA Accountability and Equity Act of 1997.
``(vii) The county executive director of a county, area, or
local committee, or such other person as the Secretary may
select, shall have sole responsibility for making loan
determinations under credit programs administered by the
Department of Agriculture in the county, area, or locality,
subject to the approval of the State director of the
Consolidated Farm Service Agency.''.
SEC. 102. CONVERSION OF NONFEDERAL FARM SERVICE AGENCY COUNTY COMMITTEE
EMPLOYEES TO FEDERAL CIVIL SERVICE STATUS.
(a) County and Area Office Staffs.--
(1) In general.--Subparagraph (E) of section 8(b)(5) of the
Soil Conservation and Domestic Allotment Act (16 U.S.C.
590h(b)(5)(E)) is amended to read as follows:
``(E) Regulations and county and area office employees.--
(i)(I) The Secretary shall issue such regulations as the
Secretary considers necessary relating to the selection of
members to and the exercise of the functions of the respective
committees, and to the administration through such committees
of the programs described in subparagraph (D).
``(II) Regulations governing payments or grants under this
subsection, whenever practicable, shall be classified on the
basis of being related to a soil-depleting practice or a soil-
building practice.
``(ii) Employees performing services for county and area
committees may be appointed only by the Secretary or the
designee of the Secretary.''.
(2) Conversion of permanent county and area office
employees.--Subject to regulations of the Office of Personnel
Management, employees of county committees employed pursuant to
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)) who, on the effective date of this
section, are so employed under an appointment not limited to 1
year or less shall be converted to Federal civil service
appointments, as follows:
(A) Employees who have completed 3 years of service
shall be given career civil service appointments.
(B) Employees who have completed less than 3 years
of service shall be given career-conditional civil
service appointments.
(3) Conversion of temporary county and area office
employees.--Subject to regulations of the Office of Personnel
Management, employees of county committees employed pursuant to
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)) who, on the effective date of this
section, are so employed under an appointment limited to 1 year
or less shall, subject to the discretion of the Secretary, be
converted to temporary Federal civil service appointments.
(b) Other Amendments.--
(1) Department of agriculture reorganization act of 1994.--
Section 226 of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6932) is amended--
(A) by striking subsection (e);
(B) in subsection (g), by striking ``(f)'' and
inserting ``(e)''; and
(C) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively.
(2) Title 5 of the united states code.--Title 5, United
States Code, is amended--
(A) in sections 3502(a)(C)(i) and 6312(a)(1) by
striking ``Act;'' and inserting ``Act, but only if that
individual was first employed as an employee of such a
county committee or of such a committee or association
of producers before the effective date of section 102
of the USDA Accountability and Equity Act of 1997;'';
and
(B) in sections 5306(a)(1)(C), 8331(1)(F),
8701(a)(8), and 8901(1)(G) by inserting ``first''
before ``employed'' and by striking ``16;'' and
inserting ``16 before the effective date of section 102
of the USDA Accountability and Equity Act of 1997;''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of the enactment of
this Act.
TITLE II--PROGRAM EQUITY
SEC. 201. ACCESS TO CREDIT.
Section 373(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008h(a)) is amended to read as follows:
``(a) Delinquent Borrowers Prohibited From Obtaining Direct
Operating Loans; Exceptions.--
``(1) Prohibition.--Except as provided in paragraph (2),
the Secretary may not make a direct operating loan under
subtitle B to a borrower who is delinquent on any loan made or
guaranteed under this title.
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to
a borrower if--
``(i) the borrower was granted a principal
or interest write-down under section 353 with
respect to the loan on which the borrower is
delinquent, and the delinquency is a result of
conditions the borrower could not control;
``(ii) there are no unsatisfied judgments
against the borrower;
``(iii) 2 years has passed since a
principal or interest write-down was granted
under section 353 to the borrower;
``(iv) the Secretary determines that the
borrower has acted in a fiscally responsible
manner for 2 years before application for the
direct operating loan; or
``(v) the farm operations of the borrower
are pending liquidation.
``(B) Requirements applicable to loans to
delinquent borrowers.--Any direct operating loan to a
borrower to whom a paragraph of the preceding sentence
applies shall be made subject to such requirements and
conditions as may be necessary to ensure that the
borrower does not become delinquent on the loan.''.
SEC. 202. LEASE BACK, BUY BACK OPPORTUNITIES.
Out of any money in the Treasury of the United States not otherwise
appropriated, there are appropriated to the Secretary of Agriculture
$10,000,000 for each of fiscal years 1998 and 1999 for leases or
contracts to sell real property acquired under the Consolidated Farm
and Rural Development Act to beginning farmers or ranchers (as defined
under section 343(a)(8) of such Act) whose operations were shown by a
farm and home plan to cash flow during the 3 years before April 4,
1996.
SEC. 203. DEBT WRITE-DOWNS NOT TREATED AS INCOME FOR TAX PURPOSES.
Section 353(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2001(d)) is amended by adding at the end the following:
``(3) Tax treatment of write-downs.--No amount shall be
includible in gross income for purposes of the Internal Revenue
Code of 1986 by reason of any discharge of indebtedness under
this section.''.
SEC. 204. ACCESSIBILITY OF HOUSING LOANS.
Section 502(a) of the Housing Act of 1949 (42 U.S.C. 1472(a)) is
amended by adding after paragraph (3) the following new paragraph:
``(4) The Secretary may not deny eligibility to any applicant for a
loan under this section on the basis of the lack of a credit history or
a poor credit history, if the applicant demonstrates, in accordance
with such requirements as the Secretary may prescribe, that the
applicant has been able, for a reasonable period of time, to live in a
financially independent manner and pay rent and utility bills in a
timely manner.''.
SEC. 205. EXPANSION OF THE ENVIRONMENTAL QUALITY INCENTIVES PROGRAM FOR
SOCIALLY DISADVANTAGED AGRICULTURAL PRODUCERS.
(a) In General.--Section 1241(b) of the Food Security Act of 1985
(16 U.S.C. 3841(b)) is amended--
(1) in paragraph (1), by striking ``$200,000,000'' and
inserting ``$300,000,000'';
(2) in paragraph (2), by striking ``50 percent'' and
inserting ``\1/3\''; and
(3) by adding at the end the following:
``(3) Assistance to socially disadvantaged agricultural
producers.--For each of fiscal years 1998 through 2002, \1/3\
of the funding available for technical assistance, cost-share
payments, incentives payments, and education under the
environmental quality incentives program under chapter 4 of
subtitle D shall be targeted to increase assistance to socially
disadvantaged farmers and ranchers (as defined in section
355(e)(2) of the Consolidated Farm and Rural Development
Act).''.
(b) Same-Year Payments for Contracts in the Environmental Quality
Incentives Program.--Section 1240G of such Act (16 U.S.C. 3839aa-7) is
amended by striking subsection (c).
SEC. 206. PROGRAM EQUITY FUNDING.
Section 1447(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended to read
as follows:
``(b) Appropriation.--
``(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary of Agriculture $15,000,000 for
fiscal year 1998 and for each succeeding fiscal year to carry
out this section.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.''.
SEC. 207. ADVISORY COMMITTEE TO STUDY WHETHER LAND GRANT INSTITUTIONS
ARE BEING FUNDED EQUITABLY.
(a) Establishment.--The Secretary shall establish in the Department
a bipartisan advisory committee to conduct a study of funding of
institutions of higher education (as defined in section 1201(a) of the
Higher Education Act of 1965) to determine whether eligible
institutions (as defined in section 1447(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977) and
1994 Institutions (as defined in section 532 of the Equity in
Educational Land-Grant Status Act of 1994) are receiving equitable
support to assist the Department in carrying out its mission.
(b) Number of Members.--The advisory committee shall be composed of
not fewer than 5 members and not more than 25 members, appointed by the
Secretary.
(c) Prohibition Against Compensation.--
(1) In general.--Except as provided in paragraph (2), the
members of the advisory committee may not receive pay,
allowances, or benefits by reason of their service on the
advisory committee.
(2) Travel expenses.--Each member of the advisory committee
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(d) Quorum.--One third of the members of the advisory committee
shall constitute a quorum.
(e) Chairperson.--The Secretary (or the delegate of the Secretary)
shall be the chairperson of the advisory committee.
(f) Experts and Consultants.--The chairperson of the advisory
committee may procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
(g) Staff of Federal Agencies.--Upon request of the chairperson of
the advisory committee, the head of any Federal department or agency
may detail, on a reimbursable basis, any of the personnel of that
department or agency to the advisory committee to assist it in carrying
out its duties under this section.
(h) Powers.--
(1) Hearings and sessions.--The advisory committee may, for
the purpose of carrying out this section, hold hearings, sit
and act at times and places, take testimony, and receive
evidence as the advisory committee considers appropriate. The
advisory committee may administer oaths or affirmations to
witnesses appearing before it.
(2) Powers of members and agents.--Any member or agent of
the advisory committee may, if authorized by the advisory
committee, take any action which the advisory committee is
authorized to take by this section.
(3) Obtaining official data.--The advisory committee may
secure directly from any department or agency of the United
States information necessary to enable it to carry out this
section. Upon request of the chairperson of the advisory
committee, the head of that department or agency shall furnish
that information to the advisory committee.
(4) Mails.--The advisory committee may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(i) Report.--Within 9 months after the Secretary appoints the
members of the advisory committee, the advisory committee shall submit
to the Secretary a report on the matters described in subsection (a).
(j) Termination.--The advisory committee shall terminate upon the
submission of the report required by subsection (i).
SEC. 208. FUNDING OF PROGRAM OF OUTREACH AND TECHNICAL ASSISTANCE TO
SOCIALLY DISADVANTAGED FARMERS.
Section 2501(a)(3) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279(a)(3)) is amended to read as follows:
``(3) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated to the Secretary $10,000,000 for each fiscal year
to carry out this section.''.
SEC. 209. FUNDING OF EXTENSION INDIAN RESERVATION PROGRAM.
Section 1677(g) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5930(g)) is amended to read as follows:
``(g) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated to the
Secretary $8,000,000 for each fiscal year to carry out this section.''.
TITLE III--FUNDING OF FARM OWNERSHIP AND OPERATING LOANS
SEC. 301. FUNDING OF FARM OWNERSHIP AND OPERATING LOAN PROGRAMS.
Section 346(b)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1994(b)(1)) is amended by adding at the end the
following:
``(H) Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary for fiscal year 1998 and
for each succeeding fiscal year $585,000,000 for direct
loans, of which--
``(i) $85,000,000 shall be for farm
ownership loans under subtitle A; and
``(ii) $500,000,000 shall be for operating
loans under subtitle B.''. | TABLE OF CONTENTS:
Title I: Program Accountability
Title II: Program Equity
Title III: Funding of Farm Ownership and Operating Loans
USDA Accountability and Equity Act of 1997 -
Title I: Program Accountability
- Amends the Soil Conservation and Domestic Allotment Act to increase the size of the county committees by two members who shall be: (1) appointed by the Secretary of Agriculture (Secretary); and (2) demographically representative of local producers.
States that: (1) civil service laws shall apply to all persons performing functions for any county, area, or local committee; and (2) the county executive director of such committee, or other person selected by the Secretary, shall have sole responsibility for making local agricultural loan determinations, subject to State-level approval.
(Sec. 102) Provides for the conversion of permanent and temporary (at the Secretary's discretion) county and area office employees to Federal civil service status. Makes conforming amendments the Department of Agriculture Reorganization Act of 1994 and other Federal law.
Title II: Program Equity
- Amends the Consolidated Farm and Rural Development Act to permit agricultural operating loans to be made to delinquent borrowers under specified circumstances.
(Sec. 202) Appropriates funds for lease-back or buy-back opportunities for beginning farmers or ranchers.
(Sec. 203) Treats debt write-downs as non-income for tax purposes.
(Sec. 204) Amends the Housing Act of 1949 to prohibit housing loan denial to an applicant who has been able to live in a financially independent manner for a reasonable time.
(Sec. 205) Amends the Food Security Act of 1985 with respect to the environmental quality incentives program to: (1) increase program funding; (2) reduce the livestock set-aside; and (3) establish a set-aside for socially disadvantaged agricultural producers.
(Sec. 206) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to make permanent appropriations for 1890 land grant college grants. (Current law provides for non-permanent authorization of appropriations for such grants.) Directs the Secretary to establish an advisory committee to study whether such institutions' funding is equitable.
(Sec. 208) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to make permanent appropriations (currently permanently authorized) for: (1) Indian reservation extension education programs; and (2) outreach and technical assistance programs for socially disadvantaged farmers and ranchers.
Title III: Funding of Farm Ownership and Operating Loans
- Amends the Consolidated Farm and Rural Development Act to make permanent appropriations for farm operating and ownership loans. (Current law provides for a non-permanent authorization of appropriations for such loans.) | {"src": "billsum_train", "title": "USDA Accountability and Equity Act of 1997"} | 3,881 | 610 | 0.570802 | 1.806165 | 0.603496 | 2.939891 | 5.939891 | 0.870674 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Falls Preservation and
Redevelopment Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Falls Historic District in the State of New
Jersey is an area of historical significance as an early site
of planned industrial development, and has remained largely
intact, including architecturally significant structures;
(2) the Great Falls Historic District is listed on the
National Register of Historic Places and has been designated a
National Historic Landmark;
(3) the Great Falls Historic District is situated within a
one-half hour's drive from New York City and a 2 hour's drive
from Philadelphia, Hartford, New Haven, and Wilmington;
(4) the District was developed by the Society of Useful
Manufactures, an organization whose leaders included a number
of historically renowned individuals, including Alexander
Hamilton; and
(5) the Great Falls Historic District has been the subject
of a number of studies that have shown that the District
possesses a combination of historic significance and natural
beauty worthy of and uniquely situated for preservation and
redevelopment.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to preserve and interpret, for the educational and
inspirational benefit of the public, the contribution to our
national heritage of certain historic and cultural lands and
edifices of the Great Falls Historic District, with emphasis on
harnessing this unique urban environment for its educational
and recreational value; and
(2) to enhance economic and cultural redevelopment within
the District.
SEC. 4. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the Great Falls
Historic District established by section 5.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5. GREAT FALLS HISTORIC DISTRICT.
(a) Establishment.--There is established the Great Falls Historic
District in the city of Paterson, in Passaic County, New Jersey.
(b) Boundaries.--The boundaries of the District shall be the
boundaries specified for the Great Falls Historic District listed on
the National Register of Historic Places.
SEC. 6. DEVELOPMENT PLAN.
(a) Grants and Cooperative Agreements.--The Secretary may make
grants and enter into cooperative agreements with the State of New
Jersey, local governments, and private nonprofit entities under which
the Secretary agrees to pay not more than 50 percent of the costs of--
(1) preparation of a plan for the development of historic,
architectural, natural, cultural, and interpretive resources
within the District; and
(2) implementation of projects approved by the Secretary
under the development plan.
(b) Contents of Plan.--The development plan shall include--
(1) an evaluation of--
(A) the physical condition of historic and
architectural resources; and
(B) the environmental and flood hazard conditions
within the District; and
(2) recommendations for--
(A) rehabilitating, reconstructing, and adaptively
reusing the historic and architectural resources;
(B) preserving viewsheds, focal points, and
streetscapes;
(C) establishing gateways to the District;
(D) establishing and maintaining parks and public
spaces;
(E) developing public parking areas;
(F) improving pedestrian and vehicular circulation
within the District;
(G) improving security within the District, with an
emphasis on preserving historically significant
structures from arson; and
(H) establishing a visitors' center.
SEC. 7. RESTORATION, PRESERVATION, AND INTERPRETATION OF PROPERTIES.
(a) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with the owners of properties within the
District that the Secretary determines to be of historical or cultural
significance, under which the Secretary may--
(1) pay not more than 50 percent of the cost of restoring
and improving the properties;
(2) provide technical assistance with respect to the
preservation and interpretation of the properties; and
(3) mark and provide interpretation of the properties.
(b) Provisions.--A cooperative agreement under subsection (a) shall
provide that--
(1) the Secretary shall have the right of access at
reasonable times to public portions of the property for
interpretive and other purposes;
(2) no change or alteration may be made in the property
except with the agreement of the property owner, the Secretary,
and any Federal agency that may have regulatory jurisdiction
over the property; and
(3) if at any time the property is converted, used, or
disposed of in a manner that is contrary to the purposes of
this Act, as determined by the Secretary, the property owner
shall be liable to the Secretary for the greater of--
(A) the amount of assistance provided by the
Secretary for the property; or
(B) the portion of the increased value of the
property that is attributable to that assistance,
determined as of the date of the conversion, use, or
disposal.
(c) Applications.--
(1) In general.--A property owner that desires to enter
into a cooperative agreement under subsection (a) shall submit
to the Secretary an application describing how the project
proposed to be funded will further the purposes of the
District.
(2) Consideration.--In making such funds available under
this section, the Secretary shall give consideration to
projects that provide a greater leverage of Federal funds.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act--
(1) $250,000 for grants and cooperative agreements for the
development plan under section 6; and
(2) $50,000 for the provision of technical assistance and
$3,000,000 for the provision of other assistance under
cooperative agreements under section 7. | Great Falls Preservation and Redevelopment Act - Establishes the Great Falls Historic District in Paterson, New Jersey.
Authorizes the Secretary of the Interior to make grants and enter into cooperative agreements with the State of New Jersey, local governments, and private nonprofit entities under which the Secretary agrees to pay up to 50 percent of the costs of: (1) preparation of a plan for the development of historic, architectural, natural, cultural, and interpretive resources within the District; and (2) implementation of projects approved under the plan.
Permits the Secretary to enter into cooperative agreements with the owners of property within the District that the Secretary determines are of historical or cultural significance under which the Secretary may: (1) pay up to 50 percent of the costs of restoring and improving the properties; (2) provide technical assistance with respect to the preservation and interpretation of the properties; and (3) mark and provide interpretation of the properties. Lists additional conditions for such agreements. Requires the Secretary, in making funds available for such purposes, to give consideration to projects that provide a greater leverage of Federal funds.
Authorizes appropriations. | {"src": "billsum_train", "title": "Great Falls Preservation and Redevelopment Act"} | 1,215 | 230 | 0.662455 | 1.946314 | 0.90727 | 5.919283 | 5.278027 | 0.941704 |
SECTION 1. FINDINGS.
Congress finds that--
(1) on June 25, 1941, President Franklin D. Roosevelt
issued Executive Order No. 8802, establishing the Fair
Employment Practices Commission and opening the doors for
African-American individuals to enlist in the United States
Marine Corps for the first time;
(2) the first African-American Marine recruits were trained
at Camp Montford Point, near the New River in Jacksonville,
North Carolina;
(3) on August 26, 1942, Howard P. Perry of Charlotte, North
Carolina, was the first African-American private to set foot on
Montford Point;
(4) during April 1943, the first African-American Marine
drill instructors took over as the senior drill instructors of
the 8 platoons then in training, including--
(A) Edgar R. Huff, 16th Platoon;
(B) Thomas Brokaw, 17th Platoon;
(C) Charles E. Allen, 18th Platoon;
(D) Gilbert H. Johnson, 19th Platoon;
(E) Arnold R. Bostic, 20th Platoon;
(F) Mortimer A. Cox, 21st Platoon;
(G) Edgar R. Davis, Jr., 22nd Platoon; and
(H) George A. Jackson, 23rd Platoon;
(5) African-American Marines of the 8th Ammunition Company
and the 36th Depot Company landed on the Island of Iwo Jima on
D-Day, February 19, 1945;
(6) the largest number of African-American Marines to serve
in combat during World War II took part in the seizure of
Okinawa in the Ryuku Islands, with some 2,000 African-American
Marines seeing action during the campaign;
(7) on November 10, 1945, Frederick C. Branch was the first
African-American Marine to be commissioned as a Second
Lieutenant, at the Marine Base in Quantico, Virginia;
(8) overall, 19,168 African-Americans served in the Marine
Corps in World War II;
(9) 16 years after the closure of Montford Point as a
training facility for African-American recruits, an
enterprising group of men, including original Montford Point
Master Sergeant Brooks E. Gray, planned a reunion of the ``Men
of Montford Point'', and on September 15, 1965, approximately
400 Montford Point Marines gathered at the Adelphi Hotel in
Philadelphia, Pennsylvania, and laid the foundation for the
Montford Point Marine Association Inc.;
(10) organized as a nonmilitary, nonprofit entity, the
Montford Point Marine Association has as its main mission to
preserve the legacy of the first African-American Marines, and
today the Association has 36 chapters throughout the United
States;
(11) many of the first African-American Marines stayed in
the Marine Corps for a career, including Sergeant Major Edgar
R. Huff, 1 of the very first recruits at Montford Point;
(12) Sergeant Major Huff was the first African-American
Sergeant Major and the first African-American Marine to retire
with 30 years of service, which included combat in 3 major
conflicts, World War II, the Korean Conflict, and the Vietnam
War;
(13) Sergeant Major Huff was awarded the Bronze Star medal
with a combat ``V'' for valor for saving the life of his radio
operator during the Tet Offensive in Vietnam;
(14) another original Montford Point Marine who saw
extensive combat action in both the Korean Conflict and the
Vietnam War was Sergeant Major Louis Roundtree, who was awarded
the Silver Star, 4 Bronze Stars, 3 Purple Hearts, and numerous
other personal and unit awards for his service during those
conflicts;
(15) on April 19, 1974, Montford Point was renamed ``Camp
Johnson'', after legendary Montford Point Marine Sergeant Major
Gilbert ``Hashmark'' Johnson; and
(16) the Montford Point Marine Association has several
memorials in place to perpetuate the memory of who they were
and what they accomplished, including--
(A) the Montford Point Marine Association Edgar R.
Huff Memorial Scholarship, which is offered annually
through the Marine Corps Scholarship Foundation;
(B) the Montford Point Museum located at Camp
Johnson in Jacksonville, North Carolina;
(C) the Brooks Elbert Gray, Jr. Consolidated
Academic Instruction Facility, named in honor of
original Montford Point Marine and Montford Point
Marine Corps Association founder Master Gunnery
Sergeant Gray (dedicated on April 15, 2005, at Camp
Johnson, North Carolina); and
(D) Branch Hall, a building within the Officers
Candidate School in Quantico, Virginia, which was named
in honor of Captain Frederick Branch during July of
1997.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design to the Montford Point Marines, United
States Marine Corps, collectively, in recognition of their dedicated
service during World War II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of the Montford Point Marines, United States Marine
Corps, under subsection (a), the gold medal shall be given to
the Smithsonian Institution, where it will be displayed as
appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other appropriate locations associated with the
Montford Point Marines, United States Marine Corps.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 2, at a price sufficient to cover the costs of the
medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 4. NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, an
amount not to exceed $30,000 to pay for the cost of the medal
authorized under section 2.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund. | Authorizes the award of a single Congressional Gold Medal to collectively honor the Montford Point Marines, U.S. Marine Corps, in recognition of their service during World War II. (Camp Montford Point, North Carolina, was the site for the training of the first African-American Marines.)
Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with the Montford Point Marines.
Permits the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medal, at a price sufficient to cover the costs of the medals. | {"src": "billsum_train", "title": "A bill to authorize the award of a Congressional gold medal to the Montford Point Marines of World War II."} | 1,516 | 148 | 0.412975 | 1.300051 | 0.436819 | 4.439024 | 11.300813 | 0.943089 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hire Our Heroes to Protect Our
Schools Act of 2018''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) According to 2016 data compiled by the U.S. Department
of Education, Office for Civil Rights, only 24 percent of
elementary schools and 42 percent of high schools nationwide
have school resource officers.
(2) The absence of school resource officers in many cases
has been attributed to the lack of financial resources or the
availability of trained police officers to fulfill the role of
school resource officers.
(3) No one is better trained and better equipped to handle
a potential school shooting situation, and therefore serve as a
school resource officer, than our Nation's men and women in law
enforcement, including retired officers and veterans.
(4) In many cases, police officers and veterans retire in
their early fifties, while they still have a number of years
where they can provide a valuable service to our schools and
communities by serving as a school resources officer.
(5) Placing highly trained and professional retired police
officers and veterans in our schools as school resource
officers is one of the easiest ways to bolster school security,
and it can be achieved almost immediately.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that school systems should make greater
efforts to hire retired police officers and veterans to be school
resource officers.
SEC. 4. GRANT PROGRAM FOR SCHOOL SECURITY.
Part AA of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10551 et seq.) is amended--
(1) in section 2701 (34 U.S.C. 10551)--
(A) in subsection (a)--
(i) by striking ``Director of the Office of
Community Oriented Policing Services'' and
inserting ``Director of the Bureau of Justice
Assistance''; and
(ii) by striking ``including the placement
and use of metal detectors and other deterrent
measures'' and inserting ``through evidence-
based training and technical assistance to
prevent violence and through the use of
appropriate technologies, including the
placement and use of metal detectors and other
deterrent measures and emergency notification
and response technologies'';
(B) in subsection (b)--
(i) by redesignating paragraphs (5) and (6)
as paragraphs (10) and (11), respectively;
(ii) by redesignating paragraphs (1)
through (4) as paragraphs (2) through (5),
respectively, and by inserting before paragraph
(2) the following:
``(1) Assignment of additional school resource officers (as
such term is defined in part Q), with priority in making such
assignments given to law enforcement officers who are veterans
(as such term is defined in section 101(2) of title 38, United
States Code) or retired law enforcement officers who have
returned to service.'';
(iii) in paragraph (5), as so
redesignated--
(I) by striking ``crisis'' and
inserting ``school threat assessment
and''; and
(II) by inserting ``and school
personnel,'' after ``law enforcement
agencies''; and
(iv) by inserting after paragraph (5), as
so redesignated, the following:
``(6) Training to prevent student violence against others
and self, including training for local law enforcement
officers, school personnel, and students.
``(7) The development and operation of anonymous reporting
systems for threats of school violence, including mobile
telephone applications, hotlines, and internet websites.
``(8) Subgrants to State or local law enforcement agencies,
schools, school districts, nonprofit organizations, or Indian
tribal organizations to implement grants awarded under this
section.
``(9) Acquisition and installation of technology for
expedited notification of local law enforcement during an
emergency.'';
(C) in subsection (c)--
(i) by striking ``and has'' and inserting
``has''; and
(ii) by inserting before the period at the
end the following: ``, and will use evidence-
based strategies and programs, such as those
identified by the Comprehensive School Safety
Initiative of the Department of Justice''; and
(D) in subsection (d)(1), by striking ``50
percent'' and inserting ``75 percent'';
(2) in section 2702 (34 U.S.C. 10552)--
(A) in subsection (a)(2), in the matter preceding
subparagraph (A), by striking ``child psychologists''
and inserting ``mental health professionals''; and
(B) in subsection (b), by striking ``this part''
and inserting ``the Hire Our Heroes to Protect Our
Schools Act of 2018'';
(3) in section 2704(1) (34 U.S.C. 10554(1)), by striking
``a public'' and inserting ``an''; and
(4) in section 2705--
(A) by striking ``$30,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``2001 through 2009'' and inserting
``2019 through 2024''. | Hire Our Heroes to Protect Our Schools Act of 2018 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and reauthorize through FY2024 the Secure Our Schools grant program. This grant program provides grants to states, local governments, and Indian tribes to improve security, including the placement and use of metal detectors and other deterrent measures, at schools and on school grounds. | {"src": "billsum_train", "title": "Hire Our Heroes to Protect Our Schools Act of 2018"} | 1,133 | 89 | 0.451778 | 1.213255 | 1.081451 | 3.054054 | 14.810811 | 0.837838 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Essential Storage To Enhance
Regions in Need Act'' or the ``WESTERN Act''.
SEC. 2. CORPS OF ENGINEERS BOARD OF APPEALS FOR PERMITS FOR CERTAIN
WATER STORAGE PROJECTS.
Section 404(a) of the Federal Water Pollution Control Act (33
U.S.C. 1344(a)) is amended--
(1) by striking ``The Secretary may issue'' and inserting
the following:
``(1) In general.--The Secretary may issue''; and
(2) by adding at the end the following:
``(2) Requirements.--
``(A) Purpose and need statements.--
``(i) In general.--Not later than 90 days
after the date of receipt of a complete
application for a permit for a water storage
project under this subsection, the Secretary
shall develop and provide to each applicant a
purpose and need statement that describes--
``(I) whether the Secretary concurs
with the assessment of, and
alternatives for, the purposes and
needs of the water storage project, as
proposed by the applicant; and
``(II) in any case in which the
Secretary does not concur with the
assessment, an assessment developed by
the Secretary of the purposes and needs
of the project.
``(ii) Effect on environmental impact
statements.--No environmental impact statement
or similar analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) shall commence with respect to a
water storage project for which a permit is
sought under this subsection until the date on
which the Secretary provides to each applicant
for the permit the purpose and need statement
under clause (i).
``(B) Records of decision.--Before the date on
which the Secretary issues a permit under this
subsection, the Secretary shall provide to each
applicant for the permit a record of decision
describing all applicable conditions that will apply to
the permit.
``(3) Corps of engineers board of appeals.--
``(A) Establishment.--The Secretary shall establish
a board of appeals, to be known as the `Corps of
Engineers Board of Appeals' (referred to in this
paragraph as the `Board').
``(B) Membership.--The Board shall be composed of 5
members, to be appointed by the Secretary, of whom--
``(i) 3 shall be representatives of State
water development agencies; and
``(ii) 2 shall be representatives of the
Corps of Engineers.
``(C) Duties.--
``(i) In general.--The Board shall make
determinations on all appeals relating to
permits issued pursuant to this subsection for
water storage projects, including any appeal
regarding--
``(I) a purpose and need statement
issued under paragraph (2)(A)(i);
``(II) a record of decision issued
under paragraph (2)(B), including any
condition on a permit described in the
record of decision; or
``(III) any final decision of the
Secretary to approve or disapprove a
permit under this subsection.
``(ii) Deadline.--The Board shall make a
determination regarding an appeal under clause
(i) by not later than 90 days after the date on
which the appeal is filed with the Board.
``(D) Factors for consideration.--In making a
determination under subparagraph (C), the Board shall
evaluate, as applicable--
``(i) any field decision of the Corps of
Engineers regarding the purposes or needs of
the applicable water storage project;
``(ii) any condition placed on a permit for
the applicable project under this subsection,
based on the record of decision for the project
under paragraph (2)(B); and
``(iii) any determination by the Secretary
to deny a permit under this subsection for the
applicable project.
``(E) Treatment of determinations.--Notwithstanding
any other provision of law (including regulations),
effective on the date of enactment of this paragraph, a
determination by the Board under this paragraph shall
supercede any other appellate determination of the
Corps of Engineers regarding permits under this
subsection.''. | Water Essential Storage To Enhance Regions in Need Act or the WESTERN Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Secretary of the Army, not later than 90 days after the receipt of an application for a permit for a water storage project, to provide to the applicant a statement that describes: (1) whether the Secretary concurs with the assessment of, and alternatives for, the purposes and needs of such project as proposed by the applicant; and (2) if the Secretary doesn't concur, the Secretary's assessment.
Requires the Secretary, before issuing a permit, to provide to applicants records of decisions describing applicable conditions that will apply to such permits.
Requires the Secretary to establish the Corps of Engineers Board of Appeals to make determinations on all appeals relating to permits issued pursuant to such Act for water storage projects, including appeals regarding a purpose and need statement, a record of decision, and the Secretary's final decisions on permit approval. Sets forth factors for the Board to consider in making a determination on an appeal.
Provides that a determination by the Board supersedes other Corps of Engineers' appellate determinations regarding permits. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to establish a Corps of Engineers Board of Appeals for permits for certain water storage projects, and for other purposes."} | 952 | 270 | 0.697654 | 1.929269 | 0.847709 | 3.138528 | 3.753247 | 0.887446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Discriminatory State Taxes for
Automobile Renters Act of 2017''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Congress has prohibited economic protectionism by State
and local governments that unduly burden or discriminate
against interstate commerce and transportation under the
authority granted by the Commerce Clause of the Constitution by
enacting laws such as the Railroad Revitalization and
Regulatory Reform Act of 1976, the Motor Carrier Act of 1980,
the Bus Regulatory Reform Act of 1982, and the Airport and
Airway Improvement Act of 1982.
(2) In Gibbons v. Ogden (22 U.S. 1 (1824)), a case
challenging the exclusive right of navigating the waters of New
York granted by that State, the Supreme Court affirmed that it
is the sole right of Congress to regulate commerce between the
States under what Chief Justice John Marshall recognized as the
dormant Commerce Clause.
(3) Since 1990, over 100 discriminatory taxes have been
imposed by State and local governments on motor vehicle rentals
in violation of the dormant Commerce Clause.
(b) Purpose.--The purpose of this Act is to prohibit prospectively,
and provide a remedy for, tax discrimination by a State or Locality
against the rental of motor vehicles.
SEC. 3. PROHIBITION ON DISCRIMINATION.
(a) In General.--Chapter 805 of title 49, United States Code, is
amended by adding at the end the following new section:
``SEC. 80505. TAX DISCRIMINATION AGAINST MOTOR VEHICLE RENTAL PROPERTY.
``(a) Definitions.--In this section:
``(1) Assessment and assessment jurisdiction.--
``(A) Assessment.--The term `assessment' has the
meaning given that term in section 11501(a)(1).
``(B) Assessment jurisdiction.--The term
`assessment jurisdiction' has the meaning given that
term in section 11501(a)(2).
``(2) Commercial and industrial property.--The term
`commercial and industrial property' means property, other than
motor vehicle rental property and land used primarily for
agricultural purposes or timber growing, which is devoted to a
commercial or industrial use.
``(3) Commercial and industrial taxpayers.--The term `other
commercial and industrial taxpayers' means persons or entities
who are engaged in a trade or business, other than the trade or
business of renting motor vehicles, within a State or Locality.
``(4) Covered person.--The term `covered person' means a
person who--
``(A) rents motor vehicles to another person;
``(B) is engaged in the business of renting motor
vehicles;
``(C) owns motor vehicle rental property;
``(D) rents a motor vehicle from another person; or
``(E) purchases motor vehicle rental property.
``(5) Discriminatory tax.--The term `discriminatory tax'
includes the following:
``(A) A tax discriminates against the rental of
motor vehicles if a State or Locality imposes the tax
on, or with respect to--
``(i) the rental of motor vehicles but the
tax is not a generally applicable tax on, or
with respect to, more than 51 percent of the
rentals of other tangible personal property
within the State or Locality; or
``(ii) the rental of motor vehicles at a
tax rate that exceeds the generally applicable
tax rate on at least 51 percent of the rentals
of other tangible personal property within the
same State or Locality.
``(B) A tax discriminates against the business of
renting motor vehicles if a State or Locality imposes
the tax on, or with respect to--
``(i) the business of renting motor
vehicles but the tax is not a generally
applicable tax on, or with respect to, more
than 51 percent of the businesses of other
commercial and industrial taxpayers within the
State or Locality, on the same tax base as the
State or Locality employs with respect to the
business of renting motor vehicles; or
``(ii) the business of renting motor
vehicles at a tax rate that exceeds the
generally applicable tax rate on at least 51
percent of the business of commercial and
industrial taxpayers within the State or Local
jurisdiction.
``(C) A tax discriminates against motor vehicle
rental property if a State or Locality--
``(i) assesses motor vehicle rental
property at a value that has a higher ratio to
the true market value of the property than the
ratio of the assessed value to the true market
value applicable to commercial and industrial
property in the same assessment jurisdiction;
``(ii) levies or collects a tax on an
assessment that may not be made under clause
(i); or
``(iii) levies or collects an ad valorem
property tax on motor vehicle rental property
at a generally applicable tax rate that exceeds
the tax rate applicable to commercial and
industrial property in the same assessment
jurisdiction.
``(6) Local or locality.--The terms `Local' and `Locality'
mean a political subdivision of any State, or any governmental
entity or person acting on behalf of such Locality, with the
authority to impose, levy, or collect taxes.
``(7) Motor vehicle.--The term `motor vehicle' has the
meaning given that term in section 13102(16).
``(8) Motor vehicle rental property.--The term `motor
vehicle rental property' means property owned or used by a
person engaged in the business of renting motor vehicles and
used to provide rentals of motor vehicles.
``(9) Rental of motor vehicles.--The term `rental of motor
vehicles' means the rental of a motor vehicle that is given by
the owner of the motor vehicle for exclusive use to another for
not longer than 180 days for valuable consideration and only
includes the rental of motor vehicles with a prearranged driver
or motor vehicles without a driver, but shall not include taxi
cab service as defined by section 13102(22).
``(10) Rentals of other tangible personal property.--The
term `rentals of other tangible personal property' means any
rental of tangible personal property, other than the rental of
motor vehicles.
``(11) State.--The term `State' means any of the several
States, the District of Columbia, or any territory or
possession of the United States, or any governmental entity or
person acting on behalf of such State, and with the authority
to impose, levy, or collect taxes.
``(12) Tax.--Except as otherwise specifically provided
below, the term `tax' means any type of charge required by
statute, regulation, or agreement to be paid or furnished to a
State or Locality, regardless of whether such charge is
denominated as a tax, a fee, or any other type of exaction. The
term `tax' does not include any charge imposed by a State or
Locality with respect to a concession agreement at a federally
assisted airport (provided the agreement does not violate the
revenue diversion provisions of section 47107(b), or the
registration, licensing, or inspection of motor vehicles), if
the charge is imposed generally with respect to motor vehicles,
without regard to whether such vehicles are used in the
business of renting motor vehicles within the State or
Locality.
``(13) Tax base.--The term `tax base' means the receipts,
income, value, weight, or other measure of a tax to which the
rate is applied. The `tax base' of a tax imposed on a per unit
basis is the unit.
``(14) Generally applicable tax.--The term `generally
applicable tax' may be determined by--
``(A) the gross receipts of rentals of other
tangible personal property or other commercial and
industrial taxpayers within the State or Locality to
which the tax is imposed by the State or Locality
compared to the gross receipts of rentals of other
tangible personal property or other commercial and
industrial taxpayers within the State or Locality; or
``(B) another method used to determine whether more
than 51 percent of rentals of other tangible personal
property or other commercial and industrial taxpayers
is subject to the tax.
``(b) Unreasonable Burdens and Discrimination Against Interstate
Commerce.--
``(1) In general.--The following acts unreasonably burden
and discriminate against interstate commerce, and a State or
Locality may not do any of them:
``(A) Levy or collect a discriminatory tax on the
rental of motor vehicles.
``(B) Levy or collect a discriminatory tax on the
business of renting motor vehicles.
``(C) Levy or collect a discriminatory tax on motor
vehicle rental property.
``(2) Exclusion.--Discriminatory taxes are not prohibited
under this section if the tax is imposed as of the date of the
enactment of this section, does not lapse, the tax rate does
not increase, and the tax base for such tax does not change.
``(c) Remedies.--
``(1) In general.--Notwithstanding section 1341 of title
28, a covered person aggrieved of a violation of subsection (b)
may bring a civil action in a district court of the United
States seeking damages, injunctive relief, other legal or
equitable relief, or declaratory relief.
``(2) Relief.--In granting relief against a tax levied or
collected in violation of subsection (b), if the tax is a
discriminatory tax the court shall strike only the
discriminatory or excessive portion of the tax.
``(3) Burden of proof.--
``(A) In general.--Except as provided in
subparagraph (B), a covered person shall have the
burden of proving, by a preponderance of the evidence,
that the levying or collecting of a tax violates
subsection (b).
``(B) Equivalent of other taxes.--If the court
determines that the levying or collecting of a tax
violates subsection (b), the State or Locality shall
have the burden of proving, by a preponderance of the
evidence, that the tax is the equivalent of a tax
imposed on other commercial and industrial taxpayers
under paragraph (2).
``(4) Other remedies.--Nothing in this subsection shall
limit any cause of action or remedy available under any other
provision of Federal or State law.
``(d) Limitations.--This section shall not be construed to
constitute the consent of Congress to State or Local taxation that
would be prohibited in the absence of this section.''.
(b) Clerical Amendment.--The table of sections for chapter 805 of
title 49, United States Code, is amended by inserting after the item
relating to section 80504 the following:
``80505. Rules relating to State taxation with respect to automobile
rentals.''. | End Discriminatory State Taxes for Automobile Renters Act of 2017 This bill prohibits state or local taxes that discriminate against the rental of motor vehicles, the business of renting motor vehicles, or motor vehicle rental property, except where such tax is imposed as of the enactment date of this bill, the tax does not lapse, the tax rate does not increase, and the tax base for such tax does not change. A tax that is imposed on the rental of motor vehicles or a motor vehicle rental business is discriminatory if: (1) it is not generally applicable to more than 51% of other rentals of tangible personal property or businesses within a state or locality on the same tax base as the state or locality employs respect to the business of renting motor vehicles, or (2) the rate exceeds the generally applicable tax rate on at least 51% of the other rentals of tangible personal property or businesses within the jurisdiction. A tax discriminates against motor vehicle rental property if a state or locality: (1) assesses the property at a value that has a higher ratio to the true market value of the property than the ratio applicable to commercial and industrial property, or (2) levies or collects either a tax on an assessment prohibited by this bill or an ad valorem property tax on motor vehicle rental property at a generally applicable rate that exceeds the rate for commercial and industrial property in the jurisdiction. A person who is aggrieved by a discriminatory tax may bring a civil action in a U.S. district court for damages, injunctive relief, other legal or equitable relief, or declaratory relief. | {"src": "billsum_train", "title": "End Discriminatory State Taxes for Automobile Renters Act of 2017"} | 2,485 | 353 | 0.546439 | 1.827639 | 0.7078 | 4.576547 | 7.2443 | 0.960912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Child Protection Amendments
Act of 2001''.
SEC. 2. FACILITATION OF BACKGROUND CHECKS.
(a) In General.--Section 3 of the National Child Protection Act of
1993 (42 U.S.C. 5119a) is amended to read as follows:
``SEC. 3. FACILITATION OF BACKGROUND CHECKS.
``(a) In General.--
``(1) Background checks.--
``(A) In general.--A qualified entity designated by
a State may contact an authorized agency of the State
to obtain a fingerprint-based national criminal history
background check (referred to in this section as a
`background check') of a provider who provides care to
children, the elderly, or individuals with disabilities
(referred to in this section as a `provider').
``(B) Definition.--In this paragraph, the term
`fingerprint-based' means based upon fingerprints or
other biometric identification characteristics approved
under rules applicable to the Interstate Identification
Index System as defined in Article I (13) of the
National Crime Prevention and Privacy Compact.
``(2) Procedures.--
``(A) Submission.--A request for background check
pursuant to this section shall be submitted through a
State criminal history record repository.
``(B) Duties of repository.--After receipt of a
request under subparagraph (A), the State criminal
history record repository shall--
``(i) conduct a search of the State
criminal history record system and, if
necessary, forward the request, together with
the fingerprints of the provider, to the
Federal Bureau of Investigation; and
``(ii) make a reasonable effort to respond
to the qualified entity within 15 business days
after the date on which the request is
received.
``(C) Duties of the fbi.--Upon receiving a request
from a State repository under this section, the FBI
shall--
``(i) conduct a search of its criminal
history record system; and
``(ii) make a reasonable effort to respond
to the State repository or the qualified entity
within 5 business days after the date on which
the request is received.
``(3) National crime prevention and privacy compact.--Each
background check pursuant to this section shall be conducted
pursuant to the National Crime Prevention and Privacy Compact.
``(b) Guidelines.--
``(1) In general.--In order to conduct background checks
pursuant to this section, a State shall--
``(A) establish or designate one or more authorized
agencies to perform the duties required by this
section, including the designation of qualified
entities; and
``(B) establish procedures requiring that--
``(i) a qualified entity that requests a
background check pursuant to this section shall
forward to the authorized agency the
fingerprints of the provider and shall obtain a
statement completed and signed by the provider
that--
``(I) sets out the name, address,
and date of birth of the provider
appearing on a valid identification
document (as defined in section 1028 of
title 18, United States Code);
``(II) states whether the provider
has a criminal history record and, if
so, sets out the particulars of such
record;
``(III) notifies the provider that
the qualified entity may request a
background check and that the signature
of the provider to the statement
constitutes an acknowledgement that
such a background check may be
conducted and explains the uses and
disclosures that may be made of the
results of the background check;
``(IV) notifies the provider that
pending the completion of the
background check the provider may be
denied unsupervised access to children,
the elderly, or disabled persons with
respect to which the provider intends
to provide care; and
``(V) notifies the provider of the
rights of the provider under
subparagraph (B);
``(ii) each provider who is the subject of
an adverse fitness determination based on a
background check pursuant to this section shall
be provided with an opportunity to contact the
authorized agency and initiate a process to--
``(I) obtain a copy of the criminal
history record upon which the
determination was based; and
``(II) file a challenge with the
State repository or, if appropriate,
the FBI, concerning the accuracy and
completeness of the criminal history
record information in the report, and
obtain a prompt determination of the
challenge before a final adverse
fitness determination is made on the
basis of the criminal history record
information in the report;
``(iii) an authorized agency that receives
a criminal history record report that lacks
disposition information shall make appropriate
inquiries to available State and local
recordkeeping systems to obtain complete
information, to the extent possible considering
available personnel and resources;
``(iv) an authorized agency that receives
the results of a background check conducted
under this section shall either--
``(I) make a determination
regarding whether the criminal history
record information received in response
to the background check indicates that
the provider has a criminal history
record that renders the provider unfit
to provide care to children, the
elderly, or individuals with
disabilities and convey that
determination to the qualified entity;
or
``(II) provide some or all of such
criminal history record information to
the qualified entity for use by the
qualified entity in making a fitness
determination concerning the provider;
and
``(v) a qualified entity that receives
criminal history record information concerning
a provider in response to a background check
pursuant to this section--
``(I) shall adhere to a standard of
reasonable care concerning the security
and confidentiality of the information
and the privacy rights of the provider;
``(II) shall make a copy of the
criminal history record available, upon
request, to the provider; and
``(III) shall not retain the
criminal history record information for
any period longer than necessary for a
final fitness determination concerning
the subject of the information.
``(2) Retention of information.--The statement required
under paragraph (1)(B)(i)--
``(A) may be forwarded by the qualified entity to
the authorized agency or retained by the qualified
entity; and
``(B) shall be retained by such agency or entity,
as appropriate, for not less than 1 year.
``(c) Guidance by the Attorney General.--The Attorney General shall
to the maximum extent practicable, encourage the use of the best
technology available in conducting background checks pursuant to this
section.
``(d) Guidance by the National Crime Prevention and Privacy Compact
Council.--
``(1) In general.--The Compact Council shall provide
guidance to States to ensure that national background checks
conducted under this section comply with the National Crime
Prevention and Privacy Compact and shall provide guidance to
authorized agencies to assist them in performing their duties
under this section.
``(2) Model fitness standards.--The guidance under
paragraph (1) shall include model fitness standards for
particular types of providers, which may be adopted voluntarily
by States for use by authorized agencies in making fitness
determinations.
``(3) NCPA care provider committee.--In providing the
guidance under paragraph (1), the Compact Council shall create
a permanent NCPA Care Provider Committee which shall include,
but not be limited to, representatives of national
organizations representing private nonprofit qualified entities
using volunteers to provide care to children, the elderly, or
individuals with disabilities.
``(4) Reports.--At least annually, the Compact Council
shall report to the President and Congress with regard to
national background checks of providers conducted pursuant to
the NCPA.
``(e) Penalty.--Any officer, employee, or authorized representative
of a qualified entity who knowingly and willfully--
``(1) requests or obtains any criminal history record
information pursuant to this section under false pretenses; or
``(2) uses criminal history record information for a
purpose not authorized by this section, shall be guilty of a
misdemeanor and fined not more than $5,000.
``(f) Limitations on Liability.--
``(1) Liability of qualified entities.--
``(A) Failure to request background check.--A
qualified entity shall not be liable in an action for
damages solely for the failure of such entity to
request a background check on a provider.
``(B) Willful violations.--A qualified entity shall
not be liable in an action for damages for violating
any provision of this section, unless such violation is
knowing and willful.
``(C) Reasonable care standard.--A qualified entity
that exercises reasonable care for the security,
confidentiality, and privacy of criminal history record
information received in response to a background check
pursuant to this section shall not be liable in an action for damages.
``(2) Liability of governmental entities.--A State or
political subdivision thereof, or any agency, officer, or
employee thereof, shall not be liable in an action for damages
for the failure of a qualified entity (other than itself) to
take adverse action with respect to a provider who was the
subject of a background check.
``(3) Reliance on information.--An authorized agency or a
qualified entity that reasonably relies on criminal history
record information received in response to a background check
pursuant to this section shall not be liable in an action for
damages based upon the inaccuracy or incompleteness of the
information.
``(g) Fees.--
``(1) Limitation.--In the case of a background check
pursuant to a State requirement adopted after December 20,
1993, conducted with fingerprints on a person who volunteers
with a qualified entity, the fees collected by authorized State
agencies and the Federal Bureau of Investigation may not exceed
$18, respectively, or the actual cost, whichever is less, of
the background check conducted with fingerprints.
``(2) State fee systems.--The States shall establish fee
systems that ensure that fees to nonprofit entities for
background checks do not discourage volunteers from
participating in child care programs.
``(3) Authority of federal bureau of investigation.--This
subsection shall not effect the authority of the Federal Bureau
of Investigation or the States to collect fees for conducting
background checks of persons who are employed as or apply for
positions as paid care providers.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS; CONFORMING AMENDMENTS.
(a) Funding for Improvement of Child Abuse Crime Information.--
Section 4 of the National Child Protection Act of 1993 (42 U.S.C.
5119b) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(2) in subsection (a), as redesignated--
(A) in paragraph (1)--
(i) in each of subparagraphs (C) and (D),
by striking ``national criminal history
background check system'' and inserting
``criminal history record repository''; and
(ii) by striking subparagraph (E) and
inserting the following:
``(E) to assist the State in offsetting the costs
to qualified entities of background checks under
section 3 on volunteer providers.''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated for grants under paragraph (1)--
``(A) $80,000,000 for fiscal year 2001; and
``(B) such sums as may be necessary for each of
fiscal years 2002 through 2005.''.
(b) Funding for Compact Council.--There are authorized to be
appropriated to the Federal Bureau of Investigation to support the
activities of the National Crime Prevention and Privacy Compact
Council--
(1) $1,000,000 for fiscal year 2001; and
(2) such sums as may be necessary for fiscal years 2002
through 2005.
SEC. 4. DEFINITIONS.
Section 5 of the National Child Protection Act of 1993 (42 U.S.C.
5119c) is amended--
(1) by striking paragraph (8);
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(3) by inserting after paragraph (5) the following:
``(6) the term `criminal history record repository' means
the State agency designated by the Governor or other executive
official of a State, or by the legislature of a State, to
perform centralized recordkeeping functions for criminal
history records and services in the State;''; and
(4) in paragraph (9)--
(A) in subparagraph (A)(iii)--
(i) by inserting ``or to an elderly person
or person with a disability'' after ``to a
child''; and
(ii) by striking ``child care'' and
inserting ``care''; and
(B) in subparagraph (B)(iii)--
(i) by inserting ``or to an elderly person
or person with a disability'' after ``to a
child''; and
(ii) by striking ``child care'' and
inserting ``care''.
SEC. 5. AMENDMENT TO NATIONAL CRIMINAL HISTORY ACCESS AND CHILD
PROTECTION ACT.
Section 215 of the National Criminal History Access and Child
Protection Act is amended by--
(1) striking subsection (b) and inserting the following:
``(b) Direct Access to Certain Records Not Affected.--Nothing in
the Compact shall affect any direct terminal access to the III System
provided prior to the effective date of the Compact under the
following:
``(1) Section 9101 of title 5, United States Code.
``(2) The Brady Handgun Violence Prevention Act (Public Law
103-159; 107 Stat. 1536).
``(3) The Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322; 108 Stat. 2074) or any amendments
made by that Act.
``(4) The United States Housing Act of 1937 (42 U.S.C. 1437
et seq.).
``(5) The Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.).
``(6) Any direct terminal access to Federal criminal
history records authorized by law.''; and
(2) in subsection (c) by inserting after the period at the
end thereof the following: ``Criminal history records
disseminated by the FBI pursuant to such Act by means of the
III System shall be subject to the Compact.''. | National Child Protection Amendments Act of 2001 - Amends the National Child Protection Act of 1993 to authorize a qualified entity designated by a State to contact an authorized State agency to obtain a fingerprint-based national criminal history background check of a provider of care to children, the elderly, or individuals with disabilities. Requires: (1) the Federal Bureau of Investigation (FBI), upon receiving a request from a State repository, to conduct a search of its criminal history record system and respond within a specified time frame; and (2) each such check to be conducted pursuant to the National Crime Prevention and Privacy Compact.Directs the National Crime Prevention and Privacy Compact Council to: (1) provide guidance, including model fitness standards, to States to ensure that national background checks comply with the Compact and to authorized agencies; and (2) create a permanent Care Provider Committee which shall include representatives of national organizations representing private nonprofit qualified entities using volunteers to provide care to children, the elderly, or individuals with disabilities.Provides criminal penalties for the unauthorized request or use of such information by a qualified entity.Amends the National Criminal History Access and Child Protection Act to provide that: (1) nothing in the Compact shall affect any direct terminal access to the Interstate Identification Index System provided prior to the effective date of the Compact under specified Acts; and (2) criminal history records disseminated by the FBI pursuant to such Act by means of the System shall be subject to the Compact. | {"src": "billsum_train", "title": "A bill to amend sections 3, 4, and 5 of the National Child Protection Act of 1993, relating to national criminal history background checks of providers of care to children, elderly persons, and persons with disabilities, and for other purposes."} | 3,191 | 306 | 0.682153 | 1.951358 | 0.809454 | 4.975524 | 10.611888 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulk Cash Smuggling Act of 1998''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The use of large sums of cash is one of the most
reliable warning signs of drug trafficking, terrorism, money
laundering, racketeering, tax evasion, and similar crimes.
(2) The prevention, investigation, and prosecution of such
crimes depends upon the ability of law enforcement to deter and
trace such movements of cash, and the failure to report such
movements accordingly undermines law enforcement's ability to
prevent and detect serious criminal activity.
(3) The nonreporting of large cash transactions or
movements, in contravention of the provisions of subchapter II
of chapter 53 of title 31, United States Code, and regulations
prescribed under such subchapter, is therefore itself a serious
crime.
(4) The intentional transportation into or out of the
United States of large amounts of currency or monetary
instruments, in a manner designed to circumvent the mandatory
reporting provisions of such subchapter is the equivalent of,
and creates the same harm as, the smuggling of goods.
(5) The penalties in subchapter II of chapter 53 of title
31, United States Code, for nonreporting reflect the potential
harm caused by the crimes to which intentional nonreporting is
linked, and such penalties accordingly protect the following
important governmental interests:
(A) The obligation of government to prevent the
manipulation of commerce and trade by criminals.
(B) The cost to the government of investigating
criminal activity and enforcing the laws designed to
hinder such activity.
(C) The government's underlying right to taxes
sought to be evaded through the movement of unreported
cash.
(b) Purpose.--It is the purpose of this Act to authorize forfeiture
of any cash or instruments whose movements are not reported under the
terms of subchapter II of chapter 53 of title 31, United States Code,
and regulations prescribed under such chapter, to emphasize the
seriousness of the act of such nonreporting, and to prescribe
guidelines for determining the amount of property subject to such
forfeiture in various situations.
SEC. 3. BULK CASH SMUGGLING.
(a) Enactment of Bulk Cash Smuggling Offense.--Subchapter II of
chapter 53 of title 31, United States Code, is amended by adding at the
end the following:
``Sec. 5331. Bulk cash smuggling
``(a) Criminal Offense.--Whoever, with the intent to evade a
currency reporting requirement under section 5316, knowingly conceals
more than $10,000 in currency or other monetary instruments on the
person of such individual or in any conveyance, article of luggage,
merchandise, or other container, and transports or transfers or
attempts to transport or transfer such currency or monetary instruments
from a place within the United States to a place outside of the United
States, or from a place outside the United States to a place within the
United States, shall be guilty of a currency smuggling offense and
subject to punishment pursuant to subsection (b).
``(b) Penalty.--
``(1) Term of imprisonment.--A person convicted of a
currency smuggling offense under subsection (a), or a
conspiracy to commit such offense, shall be imprisoned for not
more than 5 years.
``(2) Forfeiture.--In addition, the court, in imposing
sentence under paragraph (1), shall order that the defendant
forfeit to the United States, any property, real or personal,
involved in the offense, and any property traceable to such
property, subject to subsection (d) of this section.
``(3) Procedure.--The forfeiture of property under this
section shall be governed by section 413 of the Controlled
Substances Act.
``(4) Personal money judgment.--If the property subject to
forfeiture under paragraph (2) is unavailable, and the
defendant has no substitute property that may be forfeited
pursuant to section 413(p) of the Controlled Substances Act,
the court shall enter a personal money judgment against the
defendant for the amount that would be subject to forfeiture.
``(c) Civil Forfeiture.--
``(1) In general.--Any property involved in a violation of
subsection (a), or a conspiracy to commit such violation, and
any property traceable to such violation or conspiracy, may be
seized and, subject to subsection (d) of this section,
forfeited to the United States.
``(2) Procedure.--The seizure and forfeiture shall be
governed by the procedures governing civil forfeitures in money
laundering cases pursuant to section 981(a)(1)(A) of title 18,
United States Code.
``(3) Treatment of certain property as involved in the
offense.--For purposes of this subsection and subsection (b),
any currency or other monetary instrument that is concealed or
intended to be concealed in violation of subsection (a) or a
conspiracy to commit such violation, any article, container, or
conveyance used, or intended to be used, to conceal or
transport the currency or other monetary instrument, and any
other property used, or intended to be used, to facilitate the
offense, shall be considered property involved in the offense.
``(d) Proportionality of Forfeiture.--
``(1) In general.--Upon a showing by the property owner by
a preponderance of the evidence that the currency or monetary
instruments involved in the offense giving rise to the
forfeiture were derived from a legitimate source, and were
intended for a lawful purpose, the court shall reduce the
forfeiture to the maximum amount that is not grossly
disproportional to the gravity of the offense.
``(2) Factors to be considered.--In determining the amount
of the forfeiture, the court shall consider all aggravating and
mitigating facts and circumstances that have a bearing on the
gravity of the offense, including the following:
``(A) The value of the currency or other monetary
instruments involved in the offense.
``(B) Efforts by the person committing the offense
to structure currency transactions, conceal property,
or otherwise obstruct justice.
``(C) Whether the offense is part of a pattern of
repeated violations of this section or any other
currency reporting money laundering offense.''.
(b) Conforming Amendment.--The table of sections for subchapter II
of chapter 53 of title 31, United States Code, is amended by inserting
after the item relating to section 5330, the following new item:
``5331. Bulk cash smuggling.''.
SEC. 4. FORFEITURE IN CURRENCY REPORTING CASES.
(a) In General.--Subsection (c) of section 5317 of title 31, United
States Code, is amended to read as follows:
``(c) Forfeiture.--
``(1) In general.--The court in imposing sentence for any
violation of section 5313, 5313A, 5316, or 5324, or any
conspiracy to commit such violation, shall order the defendant
to forfeit all property, real or personal, involved in the
offense and any property traceable thereto.
``(2) Procedure.--Forfeitures under this subsection shall
be governed by the procedures established in section 413 of the
Controlled Substances Act and the guidelines established in
paragraph (4).
``(3) Civil forfeiture.--Any property involved in a
violation of section 5313, 5313A, 5316, or 5324, or any
conspiracy to commit any such violation, and any property
traceable to any such violation or conspiracy, may be seized
and, subject to paragraph (4), forfeited to the United States
in accordance with the procedures governing civil forfeitures
in money laundering cases pursuant to section 981(a)(1)(A) of
title 18, United States Code.
``(4) Proportionality of forfeiture.--
``(A) In general.--Upon a showing by the property
owner by a preponderance of the evidence that any
currency or monetary instruments involved in the
offense giving rise to the forfeiture were derived from
a legitimate source, and were intended for a lawful
purpose, the court shall reduce the forfeiture to the
maximum amount that is not grossly disproportional to
the gravity of the offense.
``(B) Factors to be considered.--In determining the
amount of the forfeiture, the court shall consider all
aggravating and mitigating facts and circumstances that
have a bearing on the gravity of the offense, including
the following:
``(i) The value of the currency or other
monetary instruments involved in the offense.
``(ii) Efforts by the person committing the
offense to structure currency transactions,
conceal property, or otherwise obstruct
justice.
``(iii) Whether the offense is part of a
pattern of repeated violations.''.
(b) Conforming Amendments.--(1) Section 981(a)(1)(A) of title 18,
United States Code, is amended by striking ``of section 5313(a) or
5324(a) of title 31, or''.
(2) Section 982(a)(1) of title 18, United States Code, is amended
by striking ``of 5313(a), 5316, or 5324 of title 31, or''. | Bulk Cash Smuggling Act of 1998 - Prohibits, and sets penalties for, knowingly concealing, with intent to evade a currency reporting requirement, more than $10,000 in currency or other monetary instruments on an individual's person or in any conveyance, article of luggage, merchandise, or other container and transporting or transferring such currency or monetary instruments (or attempting to do so) from a place within, to a place outside, the United States, or vice versa.
Sets forth forfeiture provisions. Directs the court, upon a showing by the property owner by a preponderance of the evidence that the currency or monetary instruments involved in the offense giving rise to the forfeiture were derived from a legitimate source and were intended for a lawful purpose, to reduce the forfeiture to the maximum amount that is not grossly disproportional to the gravity of the offense.
(Sec. 4) Revises provisions regarding search and forfeiture of monetary instruments to direct the court, in imposing sentence for any violation of specified currency and monetary instrument reporting requirements, or conspiracy to commit such a violation, to order the defendant to forfeit all property involved in the offense and any property traceable thereto.
Sets forth provisions regarding procedures governing forfeiture, civil forfeiture, and proportionality of the forfeiture. | {"src": "billsum_train", "title": "Bulk Cash Smuggling Act of 1998"} | 2,112 | 296 | 0.569987 | 1.917702 | 0.646651 | 4.307054 | 7.701245 | 0.896266 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Online Voter Registration Act of
2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Americans have become increasingly comfortable with
using the Internet for a wide range of purposes, including
gathering information, purchasing items, performing financial
transactions, and obtaining information and services from the
Government.
(2) In 2008, 74 percent of adults in the United States
reported using the Internet, according to the Pew Internet and
American Life Project. Of those adults, 89 percent reported
using the Internet to find information, 71 percent made
purchases over the Internet, 70 percent read news online, 56
percent looked up campaign or political information, 55 percent
utilized online banking, and 59 percent visited Government
Internet Web sites.
(3) The Internet is well-suited to allow individuals to
provide and update personal information. Completing such tasks
online saves time, reduces paper, increases efficiency, and
lowers costs.
(4) Many States already allow citizens to access Government
services online, including renewing driver's licenses and
registering cars.
(5) Two States, Arizona and Washington, have already
implemented online voter registration systems, and a number of
other States are in the process of adopting online voter
registration systems.
(6) Although 2008 was the first election cycle that the
online voter registration system was in place in Washington
State, in the month prior to the general election, voter use of
the online voter registration system exceeded that of mail-in
registration cards by more than 20 percent.
(7) Younger adults who are registering to vote for the
first time are the most adept Internet users and expect to be
able to accomplish most tasks online. In 2008, 87 percent of
adults age 18 to 29 used the Internet. In Washington State,
voters age 18 to 24 had the highest rate of use of its online
voter registration system.
(8) During the 2008 election cycle, Washington State
processed about 130,000 online voter registration transactions.
(9) Implementing an online voter registration requires an
initial investment to purchase the needed technology and to
input existing voter information into the registration
database. Washington State, for example, spent $278,000 to
establish its online voter registration system.
(10) Once in place, online voter registration systems allow
the processing of new voter registrations, changes of address
or party, and requests for absentee ballots.
(11) Washington State reports that it costs approximately
25 cents to process paper voter registration cards and 43 cents
to process those submitted via the department of motor vehicles
in compliance with the National Voter Registration Act of 1993
(42 U.S.C. 1973gg et seq.). Voters must also pay postage costs
for registration cards sent through the mail. Once in place,
the online voter registration system requires no processing by
staff in order to complete a transaction, and therefore has no
per transaction cost. For the 2008 general election, the online
voter registration system saved Washington State $32,500, and
saved consumers $54,600 in postage costs, which resulted in
total savings to the State and consumers of over $87,000.
SEC. 3. DEFINITIONS.
In this Act:
(1) Election.--The term ``election'' means any general,
special, primary, or runoff election.
(2) Participating state.--The term ``participating State''
means a State receiving a grant under the Online Voter
Registration grant program under section 4.
(3) State.--The term ``State'' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, or a territory or possession of the United States.
SEC. 4. ONLINE VOTER REGISTRATION GRANT PROGRAM.
(a) Establishment.--The Election Assistance Commission shall
establish an Online Voter Registration grant program (in this section
referred to as the ``program'').
(b) Purpose.--The purpose of the program is to make grants to
participating States solely for the implementation of online voter
registration systems.
(c) Limitation on Use of Funds.--In no case may grants made under
this section be used to reimburse a State for costs incurred in
implementing online voter registration systems at the State or local
government level if such costs were incurred prior to October 1, 2009.
(d) Application.--A State seeking to participate in the program
under this section shall submit an application to the Election
Assistance Commission containing such information, and at such time, as
the Election Assistance Commission may specify.
(e) Amount and Awarding of Implementation Grants; Duration of
Program.--
(1) Amount of implementation grants.--
(A) In general.--The amount of an implementation
grant made to a participating State shall be $150,000.
(B) Continuing availability of funds after
appropriation.--An implementation grant made to a
participating State under this section shall be
available to the State without fiscal year limitation.
(2) Awarding of implementation grants.--
(A) In general.--The Election Assistance Commission
shall award implementation grants during each year in
which the program is conducted.
(B) One grant per state.--The Election Assistance
Commission shall not award more than 1 implementation
grant to any participating State under this section
over the duration of the program.
(3) Duration.--The program shall be conducted for a period
of 5 years.
(f) Requirements.--A participating State shall establish and
implement an online voter registration system which individuals may use
to register to vote, update voter registration information, and request
an absentee ballot in the State.
(g) Best Practices, Technical Assistance, and Reports.--
(1) In general.--The Election Assistance Commission shall--
(A) develop, periodically issue, and, as
appropriate, update best practices for implementing
online voter registration systems;
(B) provide technical assistance to participating
States for the purpose of implementing online voter
registration systems; and
(C) submit to the appropriate committees of
Congress--
(i) annual reports on the implementation of
such online voter registration systems by
participating States during each year in which
the program is conducted; and
(ii) upon completion of the program
conducted under this section, a final report on
the program, together with recommendations for
such legislation or administrative action as
the Election Assistance Commission determines
to be appropriate.
(2) Consultation.--In developing, issuing, and updating
best practices, developing materials to provide technical
assistance to participating States, and developing the annual
and final reports under paragraph (1), the Election Assistance
Commission shall consult with interested parties, including--
(A) State and local election officials; and
(B) voting rights groups, voter protection groups,
groups representing the disabled, and other civil
rights or community organizations.
(h) Authorization of Appropriations.--
(1) Grants.--There are authorized to be appropriated to
award grants under this section, for each of fiscal years 2010
through 2016, $1,800,000, to remain available without fiscal
year limitation until expended.
(2) Administration.--There are authorized to be
appropriated to administer the program under this section,
$200,000 for the period of fiscal years 2010 through 2016, to
remain available without fiscal year limitation until expended.
(i) Rule of Construction.--Nothing in this Act may be construed to
authorize or require conduct prohibited under any of the following
laws, or to supersede, restrict, or limit the application of such laws:
(1) The Help America Vote Act of 2002 (42 U.S.C. 15301 et
seq.).
(2) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(3) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.).
(4) The Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(5) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(6) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). | Online Voter Registration Act of 2010 - Directs the Election Assistance Commission to establish a program of Online Voter Registration grants to states to implement online voter registration systems. | {"src": "billsum_train", "title": "A bill to establish an Online Voter Registration grant program."} | 1,777 | 36 | 0.465157 | 1.144559 | 0.598423 | 2.7 | 55.733333 | 0.966667 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The John H. Chafee Coastal Barrier Resources System
(the System) was created by Congress when it enacted the
Coastal Barrier Resources Act of 1982 (CBRA). The System is a
collection of specific areas of land and associated aquatic
habitats delineated on maps adopted by Congress.
(2) The System was expanded by amendments adopted in 1990
and currently contains 856 units and areas consisting of
approximately 3.1 million acres of undeveloped coastal land and
associated aquatic habitat.
(3) The original non-digital System maps were based on
information that is now between 18 and 26 years old and were
drawn without precision. Since 1990, to avoid inequities and to
correct mapping errors, Congress has enacted 17 public laws to
modify 43 units.
(4) The State of South Carolina has a well-established and
respected coastal management program to manage beachfront
development. The State's program is designed to protect
sensitive and fragile areas from inappropriate development and
to provide adequate environmental safeguards with respect to
the construction of facilities in the coastal zone.
(5) Between 1988 and 1999, State and local regulations did
not authorize development of the western end of Kiawah Island.
However, in 1999, South Carolina established a setback line
that represents a detailed analysis of long-term accretion
trends in the area. Establishment of the setback line
authorized development of a portion of Captain Sam's Inlet Unit
M08 that was previously not authorized for development. In
2005, the Town of Kiawah Island's Town Council adopted a
Development Agreement to authorize and regulate development of
the area.
(6) Kiawah Island is a world-renowned, environmental award
winning community known for responsible and sound development.
(7) Kiawah Island and the associated beach, dune, and
hummock habitats provide a range of opportunities to increase
the ecological health and value to numerous native plant and
animal species.
(8) To maintain the integrity of the System, the
modification of Captain Sam's Inlet Unit M08 described in
section 3 and the habitat enhancement actions described in
section 4 will increase the fish and wildlife habitat value of
the Unit and areas in proximity to the Unit.
(b) Purpose.--Congress declares that it is the purpose of this Act
to enhance the ecological value of Captain Sam's Inlet Unit M08 and
areas in proximity to the Unit by modifying the Unit in a manner that
adds 178 acres and removes approximately 61.5 acres which will soon be
developed using a very low density approach, and by encouraging
implementation of voluntary, supplemental ecological enhancement
projects. The Unit modification will enable all residents of the area
to be treated comparably.
SEC. 2. DESCRIPTION OF CAPTAIN SAM'S INLET UNIT M08.
(a) In General.--Captain Sam's Inlet Unit M08 includes the area
along Captain Sam's Inlet at Kiawah Island's western end. It was
created in 1982 and expanded in 1990. The Unit currently includes the
western end of Kiawah Island, neighboring fast land to the north and
associated aquatic habitat. Current acreage of the Unit is
approximately 1,182 acres, including roughly 200 acres of fast land and
982 acres of associated aquatic habitat.
(b) Unit M07/M07P or Bird Key.--A separate, much larger System unit
covers the eastern portion of Kiawah Island. That Unit, known as Unit
M07/M07P or Bird Key, is approximately 7,094 total acres, including
roughly 687 acres of fast land and 6,407 acres of associated aquatic
habitat.
SEC. 3. MODIFICATION OF CAPTAIN SAM'S INLET UNIT M08.
(a) Net Expansion.--The replacement map referenced in section 5
expands Unit M08 by 116 acres. The modified Unit increases in size from
approximately 1,182 total acres to approximately 1,299 total acres
(roughly 164 fast land and 1,135 associated aquatic habitat). The
modification represents a ratio of approximately 3 acres added:1 acre
removed.
(b) Specific Changes.--The replacement map referenced in section
5--
(1) adds 178 acres to the Unit--25 acres of land in the
northeastern corner of the Unit and 153 acres of associated
aquatic habitat; and
(2) removes 61.5 acres from the Unit--39 acres authorized
for development by the State in 1999 and rezoned by the Town of
Kiawah in 2005, and 22.5 acres on two adjacent islands.
SEC. 4. SUPPLEMENTAL PROJECTS TO ENHANCE ECOLOGICAL VALUE.
(a) Density Reductions and Conservation Easements.--
(1) There are existing entitlements for 44 dwelling units
on the 25 acres of fast land that are being added to the Unit.
To increase the habitat value of the modified Captain Sam's
Inlet Unit M08, the owners of this land have indicated a
willingness on a voluntary basis to reduce substantially these
entitlements and grant conservation easements to an appropriate
conservation organization.
(2) There are existing entitlements for 460 dwelling units
on the 61.5 acres that are being removed from the Unit. To
increase the habitat value of the modified Captain Sam's Inlet
Unit M08 and the area being removed from the Unit, the owners
of this land have indicated a willingness on a voluntary basis
to reduce substantially these entitlements and, as a result,
reduce allowable density.
(b) Ecological Enhancement.--
(1) A privately funded project is being developed to
increase the ecological health and habitat value of the
modified Captain Sam's Inlet Unit M08 and related habitat in
and around Kiawah Island. The South Carolina Department of
Natural Resources, the U.S. Fish and Wildlife Service, and
regional and local officials and interested conservation groups
are being consulted about project design and implementation.
(2) The project is being designed as a valuable public-
private partnership project to increase the overall ecological
value of habitats for a diversity of native fauna and flora.
Species likely to benefit will range from culturally and
ecologically significant plant species such as sweetgrass
(Muhlenbergia filipes), to indicator mammalian species such as
the bobcat (Felis rufus), and declining or threatened avian
species such as the piping plover (Charadrius melodus) and
painted buntings (Passerine ciris).
SEC. 5. REPLACEMENT OF COASTAL BARRIER RESOURCE SYSTEM MAP RELATING TO
CAPTAIN SAM'S INLET UNIT M08 IN CHARLESTON COUNTY, SOUTH
CAROLINA.
(a) In General.--The Coastal Barrier Resource System map of Captain
Sam's Inlet Unit M08 that is dated October 24, 1990, and included in
the set of maps referred to in section 4(a) of the Coastal Barrier
Resources Act (16 U.S.C. 3503(a)), is replaced by the map of the unit
entitled ``John H. Chafee Coastal Barrier Resources System Captain
Sam's Inlet Unit M08'' and dated March 2008.
(b) Availability.--The Secretary of the Interior shall keep the
replacement map referred to in subsection (a) on file and available for
inspection in accordance with section 4(b) of the Coastal Barrier
Resources Act (16 U.S.C. 3503(b)). | Replaces the John H. Chafee Coastal Barrier Resources System map "Captain Sam's Inlet Unit M08" (an area in South Carolina) with a map of the unit entitled "John H. Chafee Coastal Barrier Resources System Captain Sam's Inlet Unit M08," increasing the size of the unit. | {"src": "billsum_train", "title": "To modify Captain Sam's Inlet Unit M08 of the John H. Chafee Coastal Barrier Resources System in Charleston County, South Carolina, and to revise the System map relating to the unit."} | 1,631 | 76 | 0.489007 | 1.48867 | 0.926744 | 4.2 | 25.6 | 0.890909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Bank Access to Capital Act
of 2017''.
SEC. 2. BASEL III EXEMPTION FOR COMMUNITY BANKS.
(a) Definitions.--In this section--
(1) the term ``community bank'' means--
(A) an insured depository institution; and
(B) a depository institution holding company with
consolidated assets of not greater than
$50,000,000,000;
(2) the term ``insured depository institution'' has the
meaning given the term in section 3(c) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(c)); and
(3) the term ``depository institution holding company''
means a bank holding company or savings and loan holding
company (as those terms are defined under section 3(w) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(w))).
(b) Promulgation of Regulations.--Not later than 90 days after the
date of enactment of this Act, the Comptroller of the Currency, the
Board of Governors of the Federal Reserve System, and the Federal
Deposit Insurance Corporation shall each promulgate a regulation
exempting community banks from any regulation issued to implement
``Basel III: A global regulatory framework for more resilient banks and
banking systems'', as issued by the Basel Committee on Banking
Supervision on December 16, 2010, and revised on June 1, 2011.
(c) Capital Requirements Adjustment.--The Comptroller of the
Currency, the Board of Governors of the Federal Reserve System, and the
Federal Deposit Insurance Corporation shall make the revisions to
capital requirements as the Comptroller, the Board, and the
Corporation, respectively, determine are necessary or appropriate in
light of the regulations required under subsection (b).
SEC. 3. INTERNAL CONTROL ATTESTATION REQUIREMENT EXEMPTIONS.
Section 404(c) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7262(c)) is amended--
(1) by striking ``that is neither'' and inserting the
following: ``that--
``(1) is neither'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following:
``(2) is an insured depository institution or a depository
institution holding company (as those terms are defined in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813)), with consolidated assets of not greater than
$1,000,000,000.''.
SEC. 4. REGULATION D CHANGES.
Not later than 90 days after the date of enactment of this Act, the
Securities and Exchange Commission shall revise section
230.506(b)(2)(i) of title 17, Code of Federal Regulations, to change
the limitation on the number of purchasers contained in the section
from 35 to 70.
SEC. 5. CHANGES REQUIRED TO SMALL BANK HOLDING COMPANY POLICY STATEMENT
ON ASSESSMENT OF FINANCIAL AND MANAGERIAL FACTORS.
(a) Definitions.--In this section--
(1) the term ``bank holding company'' has the meaning given
the term in section 2 of the Bank Holding Company Act of 1956
(12 U.S.C. 1841);
(2) the term ``Board'' means the Board of Governors of the
Federal Reserve System; and
(3) the term ``savings and loan holding company'' has the
meaning given the term in section 10(a) of the Home Owners'
Loan Act (12 U.S.C. 1467a(a)).
(b) Revision.--Not later than 180 days after the date of enactment
of this Act, the Board shall revise appendix C of part 225 of title 12,
Code of Federal Regulations (commonly known as the ``Small Bank Holding
Company and Savings and Loan Holding Company Policy Statement''), to
raise the consolidated asset threshold under that appendix from
$1,000,000,000 (as adjusted by Public Law 113-250 (12 U.S.C. 5371
note)) to $3,000,000,000 for a bank holding company or savings and loan
holding company that--
(1) is not engaged in significant nonbanking activities
either directly or through a nonbank subsidiary;
(2) does not conduct significant off-balance sheet
activities (including securitization and asset management or
administration) either directly or through a nonbank
subsidiary; and
(3) does not have a material amount of debt or equity
securities outstanding (other than trust preferred securities)
that are registered with the Securities and Exchange
Commission.
(c) Exclusions.--The Board may exclude any bank holding company or
savings and loan holding company, regardless of asset size, from the
revision under subsection (b) if the Board determines that such action
is warranted for supervisory purposes.
(d) Conforming Amendment.--Section 171(b)(5) of the Financial
Stability Act of 2010 (12 U.S.C. 5371(b)(5)) is amended by striking
subparagraph (C) and inserting the following:
``(C) any bank holding company or savings and loan
holding company that is subject to the application of
appendix C of part 225 of title 12, Code of Federal
Regulations (commonly known as the `Small Bank Holding
Company and Savings and Loan Holding Company Policy
Statement').''. | Community Bank Access to Capital Act of 2017 This bill directs the Office of the Comptroller of the Currency, the Federal Reserve Board (FRB), and the Federal Deposit Insurance Corporation to exempt banks with assets not greater than $50 billion from certain international financial standards. The bill amends the Sarbanes-Oxley Act of 2002 to create an exemption from internal control report attestation requirements for depository institutions with assets not greater than $1 billion. The Securities and Exchange Commission must revise Regulation D (which exempts certain offerings from securities registration requirements) to raise the limit on the number of purchasers of securities. The FRB is directed to increase, from $1 billion to $3 billion, the consolidated asset threshold (i.e., permissible debt level) for a bank holding company or savings and loan holding company that: (1) is not engaged in significant nonbanking activities; (2) does not conduct significant off-balance-sheet activities; and (3) does not have a material amount of debt or equity securities, other than trust-preferred securities, outstanding. If warranted for supervisory purposes, the FRB may exclude a company from this threshold increase. | {"src": "billsum_train", "title": "Community Bank Access to Capital Act of 2017"} | 1,232 | 275 | 0.512653 | 1.504032 | 0.748584 | 3.516279 | 4.851163 | 0.837209 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idaho Panhandle National Forest
Improvement Act of 2002''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any or all right,
title, and interest of the United States in and to the following
National Forest System land and improvements:
(1) Granite/Reeder Bay, Priest Lake Parcel, T. 61 N., R. 4
E., B.M., sec. 17, S\1/2\NE\1/4\ (80 acres, more or less).
(2) North South Ski area, T. 43 N., R. 3 W., B.M., sec. 13,
SE\1/4\SE\1/4\SW\1/4\, S\1/2\SW\1/4\SE\1/4\, NE\1/4\SW\1/
4\SE\1/4\, and SW\1/4\SE\1/4\SE\1/4\ (50 acres more or less).
(3) Shoshone work camp (including easements for utilities),
T. 50 N., R. 4 E., B.M., sec. 5, a portion of the S\1/2\SE\1/
4\.
(b) Descriptions.--The Secretary may modify the descriptions in
subsection (a) to correct errors or to reconfigure the properties in
order to facilitate conveyance.
(c) Consideration.--Consideration for a sale or exchange of land
under subsection (a)--
(1) shall be equal to the market value of the land; and
(2) may include--
(A) cash; or
(B) the acquisition of improved or unimproved land
or land with improvements constructed to the
specifications of the Secretary.
(d) Applicable Law.--Except as otherwise provided in this Act, any
sale or exchange of National Forest System land under subsection (a)
shall be subject to the laws (including regulations) applicable to the
conveyance and acquisition of land for the National Forest System.
(e) Valuation.--The market value of the land and the improvements
to be exchanged or sold or constructed under this Act shall be
determined by an appraisal that is acceptable to the Secretary and
conforms with the Federal appraisal standards, as defined in the
document entitled ``Uniform Appraisal Standards for Federal Land
Acquisitions''.
(f) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of land exchanged under subsection (a).
(g) Solicitations of Offers.--
(1) In general.--The Secretary may solicit offers for sale
or exchange of land under this section on such terms and
conditions as the Secretary may prescribe.
(2) Rejection of offers.--The Secretary may reject any
offer made under this section if the Secretary determines that
the offer is not adequate or not in the public interest.
(h) Methods of Sale.--The Secretary may sell land under subsection
(a) at public or private sale, including at auction, in accordance with
such terms, conditions, and procedures as the Secretary determines to
be in the best interests of the United States.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under section 3(a) in the fund established under
Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C.
484a).
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further appropriation--
(1) for the acquisition of, construction of, or
rehabilitation of existing facilities for, a new ranger station
in the Silver Valley portion of the Panhandle National Forest;
or
(2) to the extent that the amount of funds deposited
exceeds the amount needed for the purpose described in
paragraph (1), for the acquisition, construction, or
rehabilitation of other facilities in the Panhandle National
Forest.
SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.
The Secretary may acquire, construct, or rehabilitate the ranger
station described in section 4(b)(1) and acquire associated land by
using--
(1) funds made available under section 4(b); and
(2) to the extent the funds are insufficient to carry out
the acquisition, construction, or improvement, funds
subsequently made available for the acquisition, construction,
or improvement.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Nondistribution of Proceeds.--Proceeds from the sale or
exchange of land under this Act shall not be paid or distributed to
States or counties under any provision of law, or otherwise treated as
money received from a national forest, for purposes of--
(1) the Act of May 23, 1908, or the Act of March 1, 1911
(16 U.S.C. 500); or
(2) the Act of March 4, 1913 (16 U.S.C. 501).
(b) Departmental Regulations.--The Agriculture Property Management
Regulations shall not apply to--
(1) any disposition of National Forest System land under
this Act; or
(2) any other action taken under this Act.
(c) Administration of Lands Acquired by the United States.--Land
transferred or otherwise acquired by the Secretary under this Act shall
be managed in accordance with the Act of March 1, 1911 (commonly known
as the ``Weeks Law'') (16 U.S.C. 480 et seq.) and in accordance with
the other laws (including regulations) pertaining to the National
Forest System.
(d) Withdrawals and Revocations.--
(1) Public land orders.--As of the date of this Act, any
public land order withdrawing land described in section 3(a)
from all forms of appropriation under the public land laws is
revoked with respect to any portion of the land conveyed by the
Secretary under this section.
(2) Withdrawal.--Subject to valid existing rights, all land
described in section 3(a) is withdrawn from location, entry,
and patent under the mining laws of the United States.
SEC. 7. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Idaho Panhandle National Forest Improvement Act of 2002 - Authorizes the Secretary of Agriculture to sell or exchange certain National Forest System lands in Idaho, and to use the proceeds to acquire or rehabilitate: (1) facilities for a new ranger station in the Silver Valley area of the Panhandle National Forest; and (2) other facilities in such Forest.Authorizes the Secretary to use other funds if sale or exchange proceeds are insufficient for the acquisition or improvement of the ranger station and associated land. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Agriculture to sell or exchange all or part of certain parcels of National Forest System land in the State of Idaho and use the proceeds derived from the sale or exchange for National Forest System purposes."} | 1,463 | 109 | 0.471703 | 1.238373 | 0.565065 | 2.55914 | 13.247312 | 0.967742 |
SECTION 1. ABOVE-THE-LINE DEDUCTION FOR INTEREST ON INDEBTEDNESS WITH
RESPECT TO THE PURCHASE OF CERTAIN MOTOR VEHICLES.
(a) In General.--Paragraph (2) of section 163(h) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of subparagraph (E),
(2) by striking the period at the end of subparagraph (F)
and inserting ``, and'', and
(3) by adding at the end the following new subparagraph:
``(G) any qualified motor vehicle interest (within
the meaning of paragraph (5)).''.
(b) Qualified Motor Vehicle Interest.--Section 163(h) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(5) Qualified motor vehicle interest.--For purposes of
this subsection--
``(A) In general.--The term `qualified motor
vehicle interest' means any interest which is paid or
accrued during the taxable year on any indebtedness
which--
``(i) is incurred after November 12, 2008,
and before January 1, 2010, in acquiring any
qualified motor vehicle of the taxpayer, and
``(ii) is secured by such qualified motor
vehicle.
Such term also includes any indebtedness secured by
such qualified motor vehicle resulting from the
refinancing of indebtedness meeting the requirements of
the preceding sentence (or this sentence); but only to
the extent the amount of the indebtedness resulting
from such refinancing does not exceed the amount of the
refinanced indebtedness.
``(B) Dollar limitation.--The aggregate amount of
indebtedness treated as described in subparagraph (A)
for any period shall not exceed $49,500 ($24,750 in the
case of a separate return by a married individual).
``(C) Income limitation.--The amount otherwise
treated as interest under subparagraph (A) for any
taxable year (after the application of subparagraph
(B)) shall be reduced (but not below zero) by the
amount which bears the same ratio to the amount which
is so treated as--
``(i) the excess (if any) of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $125,000 ($250,000 in the
case of a joint return), bears to
``(ii) $10,000.
For purposes of the preceding sentence, the term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(D) Qualified motor vehicle.--The term `qualified
motor vehicle' means a passenger automobile (within the
meaning of section 30B(h)(3)) or a light truck (within
the meaning of such section)--
``(i) which is acquired for use by the
taxpayer and not for resale after November 12,
2008, and before January 1, 2010,
``(ii) the original use of which commences
with the taxpayer, and
``(iii) which has a gross vehicle weight
rating of not more than 8,500 pounds.''.
(c) Deduction Allowed Above-the-Line.--Section 62(a) of the
Internal Revenue Code of 1986 is amended by inserting after paragraph
(21) the following new paragraph:
``(22) Qualified motor vehicle interest.--The deduction
allowed under section 163 by reason of subsection (h)(2)(G)
thereof.''.
(d) Reporting of Qualified Motor Vehicle Interest.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 6050X. RETURNS RELATING TO QUALIFIED MOTOR VEHICLE INTEREST
RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS.
``(a) Qualified Motor Vehicle Interest.--Any person--
``(1) who is engaged in a trade or business, and
``(2) who, in the course of such trade or business,
receives from any individual interest aggregating $600 or more
for any calendar year on any indebtedness secured by a
qualified motor vehicle (as defined in section 163(h)(5)(D)),
shall make the return described in subsection (b) with respect to each
individual from whom such interest was received at such time as the
Secretary may by regulations prescribe.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe,
``(2) contains--
``(A) the name and address of the individual from
whom the interest described in subsection (a)(2) was
received,
``(B) the amount of such interest received for the
calendar year, and
``(C) such other information as the Secretary may
prescribe.
``(c) Application to Governmental Units.--For purposes of
subsection (a)--
``(1) Treated as persons.--The term `person' includes any
governmental unit (and any agency or instrumentality thereof).
``(2) Special rules.--In the case of a governmental unit or
any agency or instrumentality thereof--
``(A) subsection (a) shall be applied without
regard to the trade or business requirement contained
therein, and
``(B) any return required under subsection (a)
shall be made by the officer or employee appropriately
designated for the purpose of making such return.
``(d) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return a written statement showing--
``(1) the name, address, and phone number of the
information contact of the person required to make such return,
and
``(2) the aggregate amount of interest described in
subsection (a)(2) received by the person required to make such
return from the individual to whom the statement is required to
be furnished.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) was required to be made.
``(e) Returns Which Would Be Required To Be Made by 2 or More
Persons.--Except to the extent provided in regulations prescribed by
the Secretary, in the case of interest received by any person on behalf
of another person, only the person first receiving such interest shall
be required to make the return under subsection (a).''.
(2) Amendments relating to penalties.--
(A) Section 6721(e)(2)(A) of such Code is amended
by striking ``or 6050L'' and inserting ``6050L, or
6050X''.
(B) Section 6722(c)(1)(A) of such Code is amended
by striking ``or 6050L(c)'' and inserting ``6050L(c),
or 6050X(d)''.
(C) Subparagraph (B) of section 6724(d)(1) of such
Code is amended by redesignating clauses (xvi) through
(xxii) as clauses (xvii) through (xxiii), respectively,
and by inserting after clause (xii) the following new
clause:
``(xvi) section 6050X (relating to returns
relating to qualified motor vehicle interest
received in trade or business from
individuals),''.
(D) Paragraph (2) of section 6724(d) of such Code
is amended by striking the period at the end of
subparagraph (DD) and inserting ``, or'' and by
inserting after subparagraph (DD) the following new
subparagraph:
``(EE) section 6050X(d) (relating to returns
relating to qualified motor vehicle interest received
in trade or business from individuals).''.
(3) Clerical amendment.--The table of sections for subpart
B of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6050W
the following new item:
``Sec. 6050X. Returns relating to qualified motor vehicle interest
received in trade or business from
individuals.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 2. ABOVE-THE-LINE DEDUCTION FOR STATE SALES TAX AND EXCISE TAX ON
THE PURCHASE OF CERTAIN MOTOR VEHICLES.
(a) In General.--Subsection (a) of section 164 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (5) the
following new paragraph:
``(6) Qualified motor vehicle taxes.''.
(b) Qualified Motor Vehicle Taxes.--Subsection (b) of section 164
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Qualified motor vehicle taxes.--
``(A) In general.--For purposes of this section,
the term `qualified motor vehicle taxes' means any
State or local sales or excise tax imposed on the
purchase of a qualified motor vehicle (as defined in
section 163(h)(5)(D)).
``(B) Income limitation.--The amount otherwise
taken into account under subparagraph (A) for any
taxable year shall be reduced (but not below zero) by
the amount which bears the same ratio to the amount
which is so treated as--
``(i) the excess (if any) of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $125,000 ($250,000 in the
case of a joint return), bears to
``(ii) $10,000.
For purposes of the preceding sentence, the term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(C) Qualified motor vehicle taxes not included in
cost of acquired property.--The last sentence of
subsection (a) shall not apply to any qualified motor
vehicle taxes.
``(D) Coordination with general sales tax.--This
paragraph shall not apply in the case of a taxpayer who
makes an election under paragraph (5) for the taxable
year.''.
(c) Conforming Amendments.--Paragraph (5) of section 163(h) of the
Internal Revenue Code of 1986, as added by section 1, is amended--
(1) by adding at the end the following new subparagraph:
``(E) Exclusion.--If the indebtedness described in
subparagraph (A) includes the amounts of any State or
local sales or excise taxes paid or accrued by the
taxpayer in connection with the acquisition of a
qualified motor vehicle, the aggregate amount of such
indebtedness taken into account under such subparagraph
shall be reduced, but not below zero, by the amount of
any such taxes for which a deduction is allowed under
section 164(a) by reason of paragraph (6) thereof.'',
and
(2) by inserting ``, after the application of subparagraph
(E),'' after ``for any period'' in subparagraph (B).
(d) Deduction Allowed Above-the-Line.--Section 62(a) of the
Internal Revenue Code of 1986, as amended by section 1, is amended by
inserting after paragraph (22) the following new paragraph:
``(23) Qualified motor vehicle taxes.--The deduction
allowed under section 164 by reason of subsection (a)(6)
thereof.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Amends the Internal Revenue Code to allow individual taxpayers a deduction from gross income for: (1) interest paid on indebtedness (up to $49,500) incurred after November 12, 2008, and before January 1, 2010, for the purchase of a motor vehicle (i.e., passenger automobile or light truck) with a gross vehicle weight rating of not more than 8,500 pounds; and (2) state and local sales and excise taxes imposed on the purchase of such a motor vehicle. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow an above-the-line deduction against individual income tax for interest on indebtedness and for State sales and excise taxes with respect to the purchase of certain motor vehicles."} | 2,743 | 108 | 0.565334 | 1.40342 | 0.154913 | 3.182796 | 25.870968 | 0.946237 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Designation of Foreign Terrorist
Organizations Reform Act''.
SEC. 2. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Period of Designation.--Section 219(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``Subject to paragraphs (5) and
(6), a'' and inserting ``A''; and
(B) by striking ``for a period of 2 years beginning
on the effective date of the designation under
paragraph (2)(B)'' and inserting ``until revoked under
paragraph (5) or (6) or set aside pursuant to
subsection (c)'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall
review the designation of a foreign terrorist
organization under the procedures set forth in
clauses (iii) and (iv) if the designated
organization files a petition for revocation
within the petition period described in clause
(ii).
``(ii) Petition period.--For purposes of
clause (i)--
``(I) if the designated
organization has not previously filed a
petition for revocation under this
subparagraph, the petition period
begins 2 years after the date on which
the designation was made; or
``(II) if the designated
organization has previously filed a
petition for revocation under this
subparagraph, the petition period
begins 2 years after the date of the
determination made under clause (iv) on
that petition.
``(iii) Procedures.--Any foreign terrorist
organization that submits a petition for
revocation under this subparagraph must provide
evidence in that petition that the relevant
circumstances described in paragraph (1) have
changed in such a manner as to warrant
revocation with respect to the organization.
``(iv) Determination.--
``(I) In general.--Not later than
180 days after receiving a petition for
revocation submitted under this
subparagraph, the Secretary shall make
a determination as to such revocation.
``(II) Classified information.--The
Secretary may consider classified
information in making a determination
in response to a petition for
revocation. Classified information
shall not be subject to disclosure for
such time as it remains classified,
except that such information may be
disclosed to a court ex parte and in
camera for purposes of judicial review
under subsection (c).
``(III) Publication of
determination.--A determination made by
the Secretary under this clause shall
be published in the Federal Register.
``(IV) Procedures.--Any revocation
by the Secretary shall be made in
accordance with paragraph (6).''; and
(3) by adding at the end the following:
``(C) Other review of designation.--
``(i) In general.--If in a 4-year period no
review has taken place under subparagraph (B),
the Secretary shall review the designation of
the foreign terrorist organization in order to
determine whether such designation should be
revoked pursuant to paragraph (6).
``(ii) Procedures.--If a review does not
take place pursuant to subparagraph (B) in
response to a petition for revocation that is
filed in accordance with that subparagraph,
then the review shall be conducted pursuant to
procedures established by the Secretary. The
results of such review and the applicable
procedures shall not be reviewable in any
court.
``(iii) Publication of results of review.--
The Secretary shall publish any determination
made pursuant to this subparagraph in the
Federal Register.''.
(b) Aliases.--Section 219 of the Immigration and Nationality Act (8
U.S.C. 1189) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds that the
organization has changed its name, adopted a new alias,
dissolved and then reconstituted itself under a different name
or names, or merged with another organization.
``(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Subparagraphs (B) and (C)
of subsection (a)(2) shall apply to an amended designation upon
such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and
(8) of subsection (a) shall also apply to an amended
designation.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance
with this subsection. Classified information shall not be
subject to disclosure for such time as it remains classified,
except that such information may be disclosed to a court ex
parte and in camera for purposes of judicial review under
subsection (c).''.
(c) Technical and Conforming Amendments.--Section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(B), by striking ``subsection
(b)'' and inserting ``subsection (c)'';
(B) in paragraph (6)(A)--
(i) in the matter preceding clause (i), by
striking ``or a redesignation made under
paragraph (4)(B)'' and inserting ``at any time,
and shall revoke a designation upon completion
of a review conducted pursuant to subparagraphs
(B) and (C) of paragraph (4)''; and
(ii) in clause (i), by striking ``or
redesignation'';
(C) in paragraph (7), by striking ``, or the
revocation of a redesignation under paragraph (6),'';
and
(D) in paragraph (8)--
(i) by striking ``, or if a redesignation
under this subsection has become effective
under paragraph (4)(B),''; and
(ii) by striking ``or redesignation''; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking ``of the
designation in the Federal Register,'' and all that
follows through ``review of the designation'' and
inserting ``in the Federal Register of a designation,
an amended designation, or a determination in response
to a petition for revocation, the designated
organization may seek judicial review'';
(B) in paragraph (2), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation'';
(C) in paragraph (3), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation''; and
(D) in paragraph (4), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation'' each place that
term appears.
(d) Savings Provision.--For purposes of applying section 219 of the
Immigration and Nationality Act on or after the date of enactment of
this Act, the term ``designation'', as used in that section, includes
all redesignations made pursuant to section 219(a)(4)(B) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the
date of enactment of this Act, and such redesignations shall continue
to be effective until revoked as provided in paragraph (5) or (6) of
section 219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
SEC. 3. INCLUSION IN ANNUAL DEPARTMENT OF STATE COUNTRY REPORTS ON
TERRORISM OF INFORMATION ON TERRORIST GROUPS THAT SEEK
WEAPONS OF MASS DESTRUCTION AND GROUPS THAT HAVE BEEN
DESIGNATED AS FOREIGN TERRORIST ORGANIZATIONS.
(a) Inclusion in Reports.--Section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is
amended--
(1) in subsection (a)(2)--
(A) by inserting ``any terrorist group known to
have obtained or developed, or to have attempted to
obtain or develop, weapons of mass destruction,'' after
``during the preceding five years,''; and
(B) by inserting ``any group designated by the
Secretary as a foreign terrorist organization under
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189),'' after ``Export Administration Act of
1979,'';
(2) in subsection (b)(1)(C)(iii), by striking ``and'' at
the end;
(3) in subsection (b)(1)(C)--
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following
new clause:
``(iv) providing weapons of mass
destruction, or assistance in obtaining or
developing such weapons, to terrorists or
terrorist groups; and''; and
(4) in subsection (b)(2)--
(A) by redesignating subparagraphs (C), (D), and
(E) as (D), (E), and (F), respectively; and
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) efforts by those groups to obtain or develop
weapons of mass destruction;''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply beginning with the first report under section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f), submitted more than one year after the date of the enactment of
this Act. | Designation of Foreign Terrorist Organizations Reform Act - Amends the Immigration and Nationality Act (INA) to revise requirements authorizing the Secretary to designate an organization as a foreign terrorist organization. Makes designations effective until revoked or set aside (currently effective for two years, subject to revocation). Sets forth procedures requiring the Secretary to review the designation of a foreign terrorist organization upon the organization's filing a petition for revocation within two years after such designation. Requires the Secretary to review a designation if no review has taken place within a four-year period. Authorizes the Secretary to amend a designation.
Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require the inclusion in the State Department's Country Reports on Terrorism of: (1) information concerning specified terrorist groups that are known to have obtained or developed weapons of mass destruction (WMDs) or that are designated as foreign terrorist organizations under the INA; and (2) to the extent feasible, information concerning countries that have assisted terrorists in obtaining or developing WMDs. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to modify provisions relating to designation of foreign terrorist organizations, to amend the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, to include in annual Department of State country reports on terrorism information on terrorist groups that seek weapons of mass destruction and groups that have been designated as foreign terrorist organizations, and for other purposes."} | 2,384 | 244 | 0.618481 | 1.624768 | 0.904587 | 2.548223 | 10.548223 | 0.832487 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SBDC Colonias Outreach Act of
2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Colonias are found in Texas, New Mexico, Arizona and
California and are composed of families with very low incomes
and usually lack basic services such as clean and abundant
water, roads, sewer systems, schools, and law enforcement.
(2) Across the Southwest there are approximately 3,000
Colonias with nearly three quarters of a million people living
in these communities.
(3) Improving the living situation within Colonias is not
limited to fixing basic infrastructure but must also include
spurring economic growth.
(4) Studies have found that the unemployment rate in
Colonias was upwards of 60 percent.
(5) The average yearly salary of people living in these
communities is less than $10,000, well below the Nation's
poverty line.
(6) Many Colonias residents cannot find year-round work due
to the seasonal nature of their primary occupations--fieldwork
represents 29.5 percent of their jobs, construction work 24.4
percent, and factory work, 14.9 percent.
(7) The Small Business Development Center program has been
proven to be a cost effective solution to providing the
resources and technical assistance needed to grow existing
businesses and to start new enterprises.
(8) Business counseling and technical assistance is
critical in Colonias where similar services are in short supply
and are costly.
(b) Purposes.--The purposes of this Act are the following:
(1) To stimulate economic development in Colonias.
(2) To assist in the creation of new small businesses
located in Colonias and expand existing ones.
(3) To provide management, technical, and research
assistance to entrepreneurs located in Colonias.
(4) To ensure that residents of Colonias have full access
to existing business counseling and technical assistance
available through the Small Business Development Center
program.
SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO COLONIAS.
Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is
amended by adding at the end the following:
``(8) Additional grant to assist individuals residing in
colonias.--
``(A) In general.--Any applicant in an eligible
State that is funded by the Administration as a Small
Business Development Center may apply for an additional
grant to be used solely to provide services described
in subsection (c)(3) to assist with outreach,
development, and enhancement of small business startups
and expansions within Colonias.
``(B) Eligible states.--For purposes of
subparagraph (A), an eligible State is a State along
the United States-Mexico border that has individuals
residing in Colonias.
``(C) Grant applications.--An applicant for a grant
under subparagraph (A) shall submit to the
Administration an application that is in such form as
the Administration may require. The application shall
include information regarding the applicant's goals and
objectives for the services to be provided using the
grant, including--
``(i) the capability of the applicant to
provide training and services to individuals
residing in Colonias;
``(ii) the location of the Small Business
Development Center site proposed by the
applicant; and
``(iii) the required amount of grant
funding needed by the applicant to implement
the program.
``(D) Applicability of grant requirements.--An
applicant for a grant under subparagraph (A) shall
comply with all of the requirements of this section,
except that the matching funds requirements under
paragraph (4)(A) shall not apply.
``(E) Maximum amount of grants.--No applicant may
receive more than $300,000 in grants under this
paragraph for one fiscal year.
``(F) Regulations.--After providing notice and an
opportunity for comment and after consulting with the
Association recognized by the Administration pursuant
to paragraph (3)(A) (but not later than 180 days after
the date of enactment of this paragraph), the
Administration shall issue final regulations to carry
out this paragraph, including regulations that
establish--
``(i) standards relating to educational,
technical, and support services to be provided
by Small Business Development Centers receiving
assistance under this paragraph; and
``(ii) standards relating to any work plan
that the Administration may require a Small
Business Development Center receiving
assistance under this paragraph to develop.
``(G) Definitions.--In this paragraph:
``(i) The term `Colonias' means a community
that--
``(I) is located within 150 miles
of the United States-Mexico border;
``(II) is a city or town with a
population of less than 10,000,
according to the latest United States
Census, or is unincorporated;
``(III) has a majority population
composed of individuals and families of
low and very low income; and
``(IV) generally lacks a basic
physical infrastructure.
``(ii) The term `basic physical
infrastructure' means safe, sanitary, and sound
housing, as well as basic services such as
potable water, adequate sewage systems,
drainage, paved streets and utilities.
``(H) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $7,000,000 for each of fiscal years 2008
through 2010.
``(I) Funding limitations.--
``(i) Nonapplicability of certain
limitations.--Funding under this paragraph
shall be in addition to the dollar program
limitations specified in paragraph (4).
``(ii) Limitation on use of funds.--The
Administration may carry out this paragraph
only with amounts appropriated in advance
specifically to carry out this paragraph.''. | SBDC Colonias Outreach Act of 2007 - Amends the Small Business Act to authorize an applicant funded by the Small Business Administration (SBA) as a small business development center (SBDC) and that is in a state along the United States-Mexico border that has individuals residing in colonias (areas comprised of low- or very low-income families and usually lacking basic services such as clean water, roads, sewage, schools, and law enforcement) to apply for grants to provide services to assist with outreach, development, and enhancement of small business startups and expansions within colonias. | {"src": "billsum_train", "title": "To amend the Small Business Act to expand and improve the assistance provided by Small Business Development Centers to Colonias."} | 1,267 | 135 | 0.544309 | 1.540087 | 0.764545 | 3.816514 | 10.926606 | 0.93578 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthen Social Work Training Act
of 2005''.
SEC. 2. SOCIAL WORK STUDENTS.
(a) Health Professions Schools.--Section 736(g)(1)(A) of the Public
Health Service Act (42 U.S.C. 293(g)(1)(A)) is amended by striking
``graduate program in behavioral or mental health'' and inserting
``graduate program in behavioral or mental health, including a school
offering graduate programs in clinical social work, or programs in
social work''.
(b) Scholarships.--Section 737(d)(1)(A) of the Public Health
Service Act (42 U.S.C. 293a(d)(1)(A)) is amended by striking ``mental
health practice'' and inserting ``mental health practice (including
graduate programs in clinical psychology, graduate programs in clinical
social work, or programs in social work)''.
(c) Faculty Positions.--Section 738(a)(3) of the Public Health
Service Act (42 U.S.C. 293b(a)(3)) is amended by striking ``offering
graduate programs in behavioral and mental health'' and inserting
``offering graduate programs in behavioral and mental health, including
graduate programs in clinical psychology, graduate programs in clinical
social work, or programs in social work''.
SEC. 3. GERIATRICS TRAINING PROJECTS.
Section 753(b)(1) of the Public Health Service Act (42 U.S.C.
294c(b)(1)) is amended by inserting ``schools offering degrees in
social work,'' after ``teaching hospitals,''.
SEC. 4. SOCIAL WORK TRAINING PROGRAM.
Subpart 2 of part E of title VII of the Public Health Service Act
(42 U.S.C. 295 et seq.) is amended--
(1) by redesignating section 770 as section 770A;
(2) by inserting after section 769, the following:
``SEC. 770. SOCIAL WORK TRAINING PROGRAM.
``(a) Training Generally.--The Secretary may make grants to, or
enter into contracts with, any public or nonprofit private hospital,
any school offering programs in social work, or to or with a public or
private nonprofit entity that the Secretary has determined is capable
of carrying out such grant or contract--
``(1) to plan, develop, and operate, or participate in, an
approved social work training program (including an approved
residency or internship program) for students, interns,
residents, or practicing physicians;
``(2) to provide financial assistance (in the form of
traineeships and fellowships) to students, interns, residents,
practicing physicians, or other individuals, who--
``(A) are in need of such assistance;
``(B) are participants in any such program; and
``(C) plan to specialize or work in the practice of
social work;
``(3) to plan, develop, and operate a program for the
training of individuals who plan to teach in social work
training programs; and
``(4) to provide financial assistance (in the form of
traineeships and fellowships) to individuals who are
participants in any such program and who plan to teach in a
social work training program.
``(b) Academic Administrative Units.--
``(1) In general.--The Secretary may make grants to or
enter into contracts with schools offering programs in social
work to meet the costs of projects to establish, maintain, or
improve academic administrative units (which may be
departments, divisions, or other units) to provide clinical
instruction in social work.
``(2) Preference in making awards.--In making awards of
grants and contracts under paragraph (1), the Secretary shall
give preference to any qualified applicant for such an award
that agrees to expend the award for the purpose of--
``(A) establishing an academic administrative unit
for programs in social work; or
``(B) substantially expanding the programs of such
a unit.
``(c) Duration of Award.--The period during which payments are made
to an entity from an award of a grant or contract under subsection (a)
may not exceed 5 years. The provision of such payments shall be subject
to annual approval by the Secretary and subject to the availability of
appropriations for the fiscal year involved to make the payments.
``(d) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for each of the fiscal years 2006 through 2008.
``(2) Allocation.--Of the amounts appropriated under
paragraph (1) for a fiscal year, the Secretary shall make
available not less than 20 percent for awards of grants and
contracts under subsection (b).''; and
(3) in section 770A (as redesignated by paragraph (1)) by
inserting ``other than section 770,'' after ``carrying out this
subpart,''.
SEC. 5. CLINICAL SOCIAL WORKER SERVICES.
Section 1302 of the Public Health Service Act (42 U.S.C. 300e-1) is
amended--
(1) in paragraphs (1) and (2), by inserting ``clinical
social worker,'' after ``psychologist,'' each place the term
appears;
(2) in paragraph (4)(A), by striking ``and psychologists''
and inserting ``psychologists, and clinical social workers'';
and
(3) in paragraph (5), by inserting ``clinical social
work,'' after ``psychology,''. | Strengthen Social Work Training Act of 2005 - Amends the Public Health Service Act to include clinical psychology and social work programs among eligible health education programs for purposes of receiving grants to: (1) support programs for underrepresented minorities; (2) provide scholarships to disadvantaged students; and (3) offer faculty positions to disadvantaged students.
Allows the Secretary of Health and Human Services to make grants to, and enter into contracts with: (1) schools offering degrees in social work to provide support for geriatric training projects; (2) hospitals, schools, or other entities to plan or operate an approved social work training program and to provide financial assistance to program participants that are planning to specialize, work, or teach in the field of social work; and (3) schools offering social work programs to establish, maintain, or improve academic administrative units to provide clinical instruction in social work.
Authorizes health maintenance organizations (HMOs) to offer health services through a clinical social worker as provided for under State law. | {"src": "billsum_train", "title": "A bill to amend title VII of the Public Health Service Act to ensure that social work students or social work schools are eligible for support under certain programs to assist individuals in pursuing health careers and programs of grants for training projects in geriatrics, and to establish a social work training program."} | 1,255 | 200 | 0.579433 | 1.617356 | 0.683775 | 2.158163 | 5.663265 | 0.841837 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Former Charleston Naval Base Land
Exchange Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
parcels consisting of approximately 10.499 acres of land
(including improvements) that are owned by the United States,
located on the former U.S. Naval Base Complex in North
Charleston, South Carolina, and included within the Charleston
County Tax Assessor's Office Tax Map Number 400-00-00-004, and
shown as New Parcel B in that certain plat of Forsberg
Engineering and Surveying Inc., dated May 25, 2007, entitled in
part ``Plat Showing the Subdivision of TMS 400-00-00-004 into
Parcel B and Remaining Residual (Parcel A).
(2) Non-federal land.--The term ``non-Federal land'' means
the 3 parcels of land (including improvements) authorized to be
conveyed to the United States under this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) State ports authority.--The term ``State Ports
Authority'' means the South Carolina State Ports Authority, an
agency of the State of South Carolina.
SEC. 3. LAND EXCHANGE.
(a) Land Exchange.--
(1) In general.--In exchange for the conveyance to the
Secretary, by quitclaim deed, of all right, title, and interest
of the State Ports Authority to the non-Federal land owned by
the State Ports Authority, the Secretary is authorized to
convey to the State Ports Authority, by quitclaim deed, all
right, title, and interest of the United States in and to the
Federal land.
(2) Exchange.--If the State Ports Authority offers to
convey to the Secretary all right, title, and interest of the
State Ports Authority in and to the non-Federal parcels
identified in subsection (b), the Secretary--
(A) is authorized to accept the offer; and
(B) on acceptance of the offer, shall
simultaneously convey to the State Ports Authority all
right, title, and interest of the United States in and
to approximately 10.499 acres of Federal land.
(b) Non-Federal Land Described.--The non-Federal land (including
improvements) to be conveyed under this section consists of--
(1) the approximately 18.736 acres of land that is owned by
the State Ports Authority, located on S. Hobson Avenue, and
currently depicted in the Charleston County Tax Assessor's
Office as Tax Map Number 400-00-00-158, and as New I-48.55
Parcel B, containing 18.736 acres, on the plat recorded in the
Charleston County RMC Office in Plat Book EL, at page 280;
(2) the approximately 4.069 acres of land that is owned by
the State Ports Authority, located on Thompson Avenue and the
Cooper River, and currently depicted in the Charleston County
Tax Assessor's Office as Tax Map Number 400-00-00-156, and as
New II-121.44 Parcel C, containing 4.069 acres, on the plat
recorded in the Charleston County RMC Office in Plat Book L09,
at pages 0391-393; and
(3) the approximately 2.568 acres of land that is owned by
the State Ports Authority, located on Partridge Avenue, and
currently depicted in the Charleston County Tax Assessor's
Office as Tax Map Number 400-00-00-157, and as New II-121.44
Parcel B, containing 2.568 acres, on the plat recorded in the
Charleston County RMC Office in Plat Book L09, at pages 0391-
0393.
(c) Land Title.--Title to the non-Federal land conveyed to the
Secretary under this section shall--
(1) be acceptable to the Secretary; and
(2) conform to the title approval standards of the Attorney
General of the United States applicable to land acquisitions by
the Federal Government.
SEC. 4. EXCHANGE TERMS AND CONDITIONS.
(a) In General.--The conveyance of Federal land under section 3
shall be subject to--
(1) any valid existing rights; and
(2) any additional terms and conditions that the Secretary
determines to be appropriate to protect the interests of the
United States.
(b) Costs.--The costs of carrying out the exchange of land under
section 3 shall be shared equally by the Secretary and the State Ports
Authority.
(c) Equal Value Exchange.--Notwithstanding the appraised value of
the land exchanged under section 3, the values of the Federal and non-
Federal land in the land exchange under section 3 shall be considered
to be equal.
SEC. 5. BOUNDARY ADJUSTMENT.
On acceptance of title to the non-Federal land by the Secretary--
(1) the non-Federal land shall be added to and administered
as part of the Federal Law Enforcement Training Center; and
(2) the boundaries of the Federal Law Enforcement Training
Center shall be adjusted to exclude the exchanged Federal land. | Former Charleston Naval Base Land Exchange Act of 2012 - Authorizes the Secretary of Homeland Security (DHS) to exchange specified parcels of land owned by the United States located on the former U.S. Naval Base Complex in North Charleston, South Carolina (federal land), for specified parcels owned by the South Carolina State Ports Authority (non-federal land).
Requires, upon acceptance of title to the non-federal land by the Secretary: (1) the non-federal land to be added to and administered as part of the Federal Law Enforcement Training Center, and (2) the boundaries of the Center to be adjusted to exclude the exchanged federal land. | {"src": "billsum_train", "title": "To provide for an exchange of land between the Department of Homeland Security and the South Carolina State Ports Authority."} | 1,143 | 140 | 0.568589 | 1.701336 | 0.709204 | 5.425197 | 8.015748 | 0.952756 |
SECTION 1. REPEAL OF 1993 INCREASE IN TAX ON SOCIAL SECURITY BENEFITS.
(a) In General.--Paragraph (2) of section 86(a) of the Internal
Revenue Code of 1986 (relating to social security and tier 1 railroad
retirement benefits) is amended by adding at the end the following new
sentence:
``This paragraph shall not apply to any taxable year beginning
after December 31, 2000.''
(b) Conforming Amendments.--
(1) Paragraph (3) of section 871(a) of such Code is amended
by striking ``85 percent'' in subparagraph (A) and inserting
``50 percent''.
(2)(A) Subparagraph (A) of section 121(e)(1) of the Social
Security Amendments of 1983 (Public Law 98-21) is amended--
(i) by striking ``(A) There'' and inserting
``There'';
(ii) by striking ``(i)'' immediately following
``amounts equivalent to''; and
(iii) by striking ``, less (ii)'' and all that
follows and inserting a period.
(B) Paragraph (1) of section 121(e) of such Act is amended
by striking subparagraph (B).
(C) Paragraph (3) of section 121(e) of such Act is amended
by striking subparagraph (B) and by redesignating subparagraph
(C) as subparagraph (B).
(D) Paragraph (2) of section 121(e) of such Act is amended
in the first sentence by striking ``paragraph (1)(A)'' and
inserting ``paragraph (1)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
(d) Rebate of 2000 Taxes Attributable to 1993 Increase.--
(1) In general.--Subchapter B of chapter 65 of such Code
(relating to abatements, credits, and refunds) is amended by
adding at the end the following new section:
``SEC. 6429. REBATE OF 2000 TAXES ATTRIBUTABLE TO 1993 INCREASE IN TAX
ON SOCIAL SECURITY BENEFITS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxpayer's first taxable year beginning in 2001 an amount equal to the
amount by which the tax imposed by chapter 1 for the taxpayer's first
taxable year beginning in 2000 would be reduced if paragraph (2) of
section 86(a) had not applied for such taxable year.
``(b) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (d).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (d) with respect to a joint
return, such refund or credit shall be treated as having been
made or allowed to each individual filing such return in
proportion to their respective amounts of social security
benefits (as defined in section 86(d)) received during the
taxpayer's first taxable year beginning in 2000.
``(c) Coordination With Estimated Tax.--The credit under this
section shall be treated for purposes of section 6654(f) in the same
manner as a credit under subpart A of part IV of subchapter A of
chapter 1.
``(d) Advance Refunds of Credit.--
``(1) In general.--Each individual shall be treated as
having made a payment against the tax imposed by chapter 1 for
such individual's first taxable year beginning in 2000 in an
amount equal to the advance refund amount for such taxable
year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such first
taxable year if this section (other than subsection (b) and
this subsection) had applied to such taxable year.
``(3) Timing of payments.--In the case of any overpayment
attributable to this subsection, the Secretary shall, subject
to the provisions of this title, refund or credit such
overpayment as rapidly as possible and, to the extent
practicable, before October 1, 2001. No refund or credit shall
be made or allowed under this subsection after December 31,
2001.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this subsection.''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 65 is amended by adding at the end the
following new item:
``Sec. 6429. Rebate of 2000 taxes
attributable to 1993 increase
in tax on social security
benefits.''. | Amends the Internal Revenue Code to repeal the tax increase on social security benefits enacted by the Revenue Reconciliation Act of 1993.Provides a credit for the amount of 2000 taxes attributable to such increase. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the 1993 increase in income taxes on Social Security benefits."} | 1,156 | 48 | 0.577041 | 1.24631 | 0.555332 | 1.971429 | 29.171429 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Information Privacy and
Security Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``covered person'' means--
(A) a person that is subject to the jurisdiction of
any of the Federal banking agencies;
(B) a broker or dealer, or a person associated with
a broker or dealer, as those terms are defined in the
Securities Exchange Act of 1934;
(C) an investment advisor, as that term is defined
in section 202 of the Investment Advisors Act of 1940,
and any officer, director, partner, copartner, or
employee of such investment advisor; and
(D) an investment company, as that term is defined
in section 3 of the Investment Company Act of 1940, and
any officer, director, partner, copartner, or employee
of such investment company; and
(2) the term ``Federal financial regulatory authorities''
means--
(A) each of the Federal banking agencies, as that
term is defined in section 3(z) of the Federal Deposit
Insurance Act; and
(B) the Securities and Exchange Commission.
SEC. 3. PRIVACY OF CONFIDENTIAL CUSTOMER INFORMATION.
(a) Rulemaking.--The Federal financial regulatory authorities shall
jointly issue final rules to protect the privacy of confidential
customer information relating to the customers of covered persons, not
later than 270 days after the date of enactment of this Act (and shall
issue a notice of proposed rulemaking not later than 150 days after the
date of enactment of this Act), which rules shall--
(1) define the term ``confidential customer information''
to be personally identifiable data that includes social
security numbers, transactions, experiences, rejections,
balances, maturity dates, payouts, and payout dates, of--
(A) deposit and trust accounts;
(B) certificates of deposit;
(C) securities holdings; and
(D) insurance policies;
(2) require that a covered person may not disclose or share
any confidential customer information to or with any affiliate
or agent of that covered person if the customer to whom the
information relates has been provided written notice, as
described in paragraphs (4) and (5), to the covered person
prohibiting such disclosure or sharing--
(A) with respect to an individual that became a
customer on or after the effective date of such rules,
at the time at which the business relationship between
the customer and the covered person is initiated; and
(B) with respect to an individual that was a
customer before the effective date of such rules, at
such time thereafter that provides a reasonable and
informed opportunity to the customer to prohibit such
disclosure or sharing;
(3) require that a covered person may not disclose or share
any confidential customer information to or with any person
that is not an affiliate or agent of that covered person unless
the covered person has first--
(A) given written notice to the customer to whom
the information relates, as described in paragraphs (4)
and (5); and
(B) obtained the informed written or electronic
consent of that customer for such disclosures or
sharing;
(4) require that the covered person provide notices and
consent acknowledgments to customers, as required by this
section, in separate and easily identifiable and
distinguishable form;
(5) require that the covered person provide notice as
required by this section to the customer to whom the
information relates that describes what specific types of
information would be disclosed or shared, and under what
general circumstances, to what specific types of businesses or
persons, and for what specific types of purposes such
information could be disclosed or shared, and not less
frequently than annually thereafter;
(6) require that the customer to whom the information
relates be provided with access to the confidential customer
information that could be disclosed or shared so that the
information may be reviewed for accuracy and corrected or
supplemented;
(7) require that, before a covered person may use any
confidential customer information provided by a third party
that engages, directly or indirectly, in activities that are
financial in nature, as determined by the Federal financial
regulatory authorities, the covered person shall take
reasonable steps to assure that procedures that are
substantially similar to those described in paragraphs (2)
through (6) have been followed by the provider of the
information (or an affiliate or agent of that provider);
(8) establish a means of examination for compliance and
enforcement of such rules and resolving consumer complaints;
and
(9) require financial institutions within the jurisdiction
of the Federal financial regulatory authorities--
(A) to establish appropriate administrative,
technical, and physical safeguards to ensure protection
of the security and confidentiality of records of
confidential customer information; and
(B) to protect against any anticipated threats or
hazards to the security or integrity of such records
that could result in their unauthorized release or
disclosure.
(b) Limitation.--The rules prescribed pursuant to subsection (a)
may not prohibit the release of confidential customer information--
(1) that is essential to processing a specific financial
transaction that the customer to whom the information relates
has authorized;
(2) to a governmental, regulatory, or self-regulatory
authority having jurisdiction over the covered financial entity
for examination, compliance, or other authorized purposes;
(3) to a court of competent jurisdiction;
(4) to a consumer reporting agency, as defined in section
603 of the Fair Credit Reporting Act for inclusion in a
consumer report that may be released to a third party only for
a purpose permissible under section 604 of that Act; or
(5) that is not personally identifiable.
SEC. 4. CIVIL LIABILITY FOR NONCOMPLIANCE.
(a) In General.--Any individual whose rights under this Act have
been knowingly or negligently violated may bring a civil action to
recover--
(1) such preliminary and equitable relief as the court
determines to be appropriate; and
(2) the greater of compensatory damages or liquidated
damages of $5,000.
(b) Punitive Damages.--In any action brought under this section in
which the individual has prevailed because of a knowing violation of a
provision of this Act, the court may, in addition to any relief awarded
under subsection (a), award such punitive damages as may be warranted.
(c) Attorney's Fees.--In the case of a civil action brought under
subsection (a) in which the individual has substantially prevailed, the
court may assess against the respondent a reasonable attorney's fee and
other litigation costs and expenses (including expert fees) reasonably
incurred.
(d) Limitation.--No action may be commenced under this section more
than 3 years after the date on which the violation was or should
reasonably have been discovered.
(e) Agency.--A principal is jointly and severally liable with the
principal's agent for damages under this section for the actions of the
principal's agent acting within the scope of the agency.
(f) Additional Remedies.--The equitable relief or damages that may
be available under this section shall be in addition to any other
lawful remedy or award available.
SEC. 5. RELATION TO STATE LAWS.
(a) In General.--This Act shall not be construed as superseding,
altering, or affecting the statutes, regulations, orders, or
interpretations in effect in any State, except to the extent that such
statutes, regulations, orders, or interpretations are inconsistent with
the provisions of this Act, and then only to the extent of the
inconsistency.
(b) Greater Protection Under State Law.--For purposes of this Act,
a State statute, regulation, order, or interpretation is not
inconsistent with the provisions of this subtitle if the protection
such statute, regulation, order, or interpretation affords any person
is greater than the protection provided under this Act. | Permits an individual to bring a civil action, for punitive as well as compensatory or liquidated ($5,000) damages and attorneys fees, for violations of this Act. | {"src": "billsum_train", "title": "Financial Information Privacy and Security Act"} | 1,665 | 39 | 0.313419 | 0.782274 | -0.687117 | 1.625 | 50.84375 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Employer-Employee
Cooperation Act of 1999''.
SEC. 2. DECLARATION OF PURPOSE AND POLICY.
The Congress declares that the following is the policy of the
United States:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communications, bilateral
and consensual problem solving, and shared accountability.
Labor-management cooperation fully utilizes the strengths of
both parties to best serve the interests of the public,
operating as a team to carry out the public safety mission in a
quality work environment. In many public safety agencies it is
the union that provides the institutional stability as elected
leaders and appointees come and go.
(2) The health and safety of the Nation and the best
interest of public safety employers and employees can be best
protected by the settlement of issues through the processes of
collective bargaining.
(3) The Federal Government needs to encourage conciliation,
mediation, and voluntary arbitration to aid and encourage
employers and the representatives of their employees to reach
and maintain agreements concerning rates of pay, hours, and
working conditions, and to make all reasonable efforts through
negotiations to settle their differences by mutual agreement
reached through collective bargaining or by such methods as may
be provided for in any applicable agreement for the settlement
of disputes.
(4) The absence of adequate cooperation between public
safety employers and employees has implications for the
security of employees and can affect interstate and intrastate
commerce. Additionally, the lack of such labor-management
cooperation detrimentally impacts the upgrading of police and
fire services of local communities, the health and well-being
of public safety officers, and the morale of the fire and
police departments. These factors could have significant
commercial repercussions. Moreover, providing minimal standards
for collective bargaining negotiations in the public safety
industry will prevent industrial strife between labor and
management that interferes with the normal flow of commerce.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Authority'' means the Federal Labor
Relations Authority.
(2) The term ``public safety officer'' means an employee of
a public safety agency who is a law enforcement officer, a
firefighter, or emergency medical services personnel. The term
includes an individual who is temporarily transferred to a
supervisory or administrative position, but does not include a
permanent management or supervisory employee.
(3) The term ``firefighter'' means an individual employed
by a fire department who--
(A) primarily performs work directly related to the
control and extinguishment of fires;
(B) is responsible for the maintenance and use of
firefighting apparatus and equipment, fire prevention
and investigation, communications and dispatch; or
(C) provides emergency medical care.
(4) The term ``emergency medical services personnel'' means
an individual who provides out-of-hospital emergency medical
care, including an emergency medical technician, paramedic, or
first responder.
(5) The term ``law enforcement officer'' has the same
meaning given such term in section 1204(5) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(5)).
(6) The term ``law enforcement agency'' means a State or
local public agency that is charged by law with the duty to
prevent or investigate crimes or apprehend or hold in custody
persons charged with or convicted of crimes.
(7) The term ``supervisory employee'' means an individual
employed by a public safety employer who--
(A) has the authority in the interest of the
employer to hire, direct, assign, promote, reward,
transfer, furlough, layoff, recall, suspend,
discipline, or remove public safety, officers, to
adjust their grievances or to effectively recommend
such action, if the exercise of the authority is not
merely routine or clerical in nature but requires the
consistent exercise of independent judgment; and
(B) devotes a majority of time at work exercising
such authority.
(8) The term ``management employee'' means an individual
employed by a public safety employer in a position that
requires or authorizes the individual to formulate, determine,
or influence the policies of the employer.
(9) The terms ``employer'' and ``public safety employer''
mean any State, political subdivision of a State, the District
of Columbia, or any territory or possession of the United
States that employs public safety officers.
SEC. 4. RIGHTS AND RESPONSIBILITIES; DETERMINATION.
(a) Rights and Responsibilities.--In making a determination
described in subsection (b), the Authority shall consider whether State
law provides rights and responsibilities that include--
(1) granting public safety officers the right to form and
join a labor organization that does not include management and
supervisory employees and that is, or seeks to be, recognized
as the exclusive bargaining agent of such employees;
(2) requiring public safety employers to recognize the
employees' labor organization (freely chosen by a majority of
the employees), to agree to bargain with the labor
organization, and to commit any agreements to writing in a
contract or memorandum of understanding;
(3) allowing bargaining over hours, wages, terms, and
conditions of employment;
(4) prohibiting bargaining over issues which are
traditional and customary management functions;
(5) protecting all existing collective bargaining
agreements, memoranda of understanding, certifications,
recognitions, and elections;
(6) requiring fact finding in the event of an interest
impasse;
(7) allowing the parties voluntarily to agree to submit
disagreements to arbitration;
(8) requiring enforcement through State courts of all
rights, responsibilities, and protections provided in this
section and of any written contract or memorandum of
understanding; and
(9) prohibiting strikes and lockouts.
(b) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Authority shall issue a
determination as to whether a State substantially provides for
the rights and responsibilities described in subsection (a).
(2) Subsequent determinations.--A determination issued
pursuant to paragraph (1) shall remain in effect until an
employer or labor organization submits a written request to the
Authority to issue a subsequent such determination. The
Director shall issue the determination not later than 30 days
after receipt of such a request.
(c) Failure To Meet Requirements.--A State that does not
substantially provide for the rights and responsibilities described in
subsection (a) shall be subject to the regulations and procedures
described in section 5 until a subsequent determination is made.
SEC. 5. ROLE OF AUTHORITY.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Authority shall issue regulations in
accordance with the rights and responsibilities described in section
4(a) establishing collective bargaining procedures for public safety
employers and officers in States that do not substantially provide for
the rights and responsibilities described in section 4(a).
(b) Role of the Federal Labor Relations Authority.--The Authority
shall, to the extent provided in this Act and in accordance with
regulations prescribed by the Authority--
(1) determine the appropriateness of units for labor
organization representation;
(2) supervise or conduct elections to determine whether a
labor organization has been selected as an exclusive
representative by a majority of the employees in an appropriate
unit;
(3) resolve issues relating to the duty to bargain in good
faith;
(4) conduct hearings and resolve complaints of unfair labor
practices;
(5) resolve exceptions to arbitrator's awards; and
(6) take such other actions as are necessary and
appropriate to effectively administer the provisions of this
Act.
(c) Enforcement.--A public safety employer, officer, and labor
organization each shall have the right to seek enforcement of this
section through appropriate State courts.
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.
A public safety employer, officer, or labor organization may not
engage in lockouts or strikes.
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.
A certification, recognition, election-held, collective bargaining
agreement or memorandum of understanding which has been issued,
approved, or ratified by any public employee relations board or
commission or by any State or political subdivision or its agents
(management officials) in effect on the day before the date of
enactment of this Act shall not be invalidated by the enactment of this
Act.
SEC. 8. CONSTRUCTION AND COMPLIANCE.
(a) Construction.--Nothing in this Act shall be construed to
invalidate or limit the remedies, rights, and procedures of any law of
any State or political subdivision of any State or jurisdiction that
provides greater or equal collective bargaining rights for public
safety employees.
(b) Compliance.--No State shall preempt laws or ordinances of any
of its political subdivisions which provide greater or equal collective
bargaining rights for public safety employees in order to comply with
this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization.
(Sec. 5) Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such public safety employee rights and responsibilities.
Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards.
Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts.
(Sec. 6) Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes.
(Sec. 7) Provides that existing collective bargaining units and agreements shall not be invalidated by this Act.
(Sec. 9) Authorizes appropriations. | {"src": "billsum_train", "title": "Public Safety Employer-Employee Cooperation Act of 1999"} | 2,004 | 336 | 0.584536 | 1.868545 | 0.744375 | 5.253289 | 6.217105 | 0.950658 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Ana River Wash Plan Land
Exchange Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation district.--The term ``Conservation
District'' means the San Bernardino Valley Water Conservation
District, a political subdivision of the State of California.
(2) Non-federal land.--The term ``non-Federal Land'' means
the approximately 310 acres of land owned by the Conservation
District generally depicted as ``SBVWCD to BLM'' on the Map.
(3) Map.--The term ``Map'' means the map titled ``Santa Ana
River Wash Land Exchange'' and dated September 3, 2015.
(4) Non-federal exchange parcel.--The term ``non-Federal
exchange parcel'' means the approximately 59 acres of land
owned by the Conservation District generally depicted as
``SBVWCD Equalization Land'' on the Map and is to be conveyed
to the United States if necessary to equalize the fair market
values of the lands otherwise to be exchanged.
(5) Federal exchange parcel.--The term ``Federal exchange
parcel'' means the approximately 90 acres of Federal land
administered by the Bureau of Land Management generally
depicted as ``BLM Equalization Land to SBVWCD'' on the Map and
is to be conveyed to the Conservation District if necessary to
equalize the fair market values of the lands otherwise to be
exchanged.
(6) Federal land.--The term ``Federal land'' means the
approximately 327 acres of Federal land administered by the
Bureau of Land Management generally depicted as ``BLM Land to
SBVWCD'' on the Map.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. EXCHANGE OF LAND; EQUALIZATION OF VALUE.
(a) Exchange Authorized.--Notwithstanding the land use planning
requirements of sections 202, 210, and 211 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712, 1720-21), subject to valid
existing rights, and conditioned upon any equalization payment
necessary under section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), and subsection (b) of this
Act, as soon as practicable, but not later than 2 years after the date
of enactment of this Act, if the Conservation District offers to convey
the exchange land to the United States, the Secretary shall--
(1) convey to the Conservation District all right, title,
and interest of the United States in and to the Federal land,
and any such portion of the Federal exchange parcel as may be
required to equalize the values of the lands exchanged; and
(2) accept from the Conservation District a conveyance of
all right, title, and interest of the Conservation District in
and to the non-Federal land, and any such portion of the non-
Federal exchange parcel as may be required to equalize the
values of the lands exchanged.
(b) Equalization Payment.--To the extent an equalization payment is
necessary under section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716), the amount of such
equalization payment shall first be made by way of in-kind transfer of
such portion of the Federal exchange parcel to the Conservation
District, or transfer of such portion of the non-Federal exchange
parcel to the United States, as the case may be, as may be necessary to
equalize the fair market values of the exchanged properties. The fair
market value of the Federal exchange parcel or non-Federal exchange
parcel, as the case may be, shall be credited against any required
equalization payment. To the extent such credit is not sufficient to
offset the entire amount of equalization payment so indicated, any
remaining amount of equalization payment shall be treated as follows:
(1) If the equalization payment is to equalize values by
which the Federal land exceeds the non-Federal land and the
credited value of the non-Federal exchange parcel, Conservation
District may make the equalization payment to the United
States, notwithstanding any limitation regarding the amount of
the equalization payment under section 206(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716). In the
event Conservation District opts not to make the indicated
equalization payment, the exchange shall not proceed.
(2) If the equalization payment is to equalize values by
which the non-Federal land exceeds the Federal land and the
credited value of the Federal exchange parcel, the Secretary
shall order the exchange without requirement of any additional
equalization payment by the United States to the Conservation
District.
(c) Appraisals.--
(1) The value of the land to be exchanged under this Act
shall be determined by appraisals conducted by one or more
independent and qualified appraisers.
(2) The appraisals shall be conducted in accordance with
nationally recognized appraisal standards, including, as
appropriate, the Uniform Appraisal Standards for Federal Land
Acquisitions and the Uniform Standards of Professional
Appraisal Practice.
(d) Title Approval.--Title to the land to be exchanged under this
Act shall be in a format acceptable to the Secretary and the
Conservation District.
(e) Map and Legal Descriptions.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall finalize a map
and legal descriptions of all land to be conveyed under this Act. The
Secretary may correct any minor errors in the map or in the legal
descriptions. The map and legal descriptions shall be on file and
available for public inspection in appropriate offices of the Bureau of
Land Management.
(f) Costs of Conveyance.--As a condition of conveyance, any costs
related to the conveyance under this section shall be paid by the
Conservation District.
SEC. 4. APPLICABLE LAW.
(a) Act of February 20, 1909.--
(1) The Act of February 20, 1909 (35 Stat. 641), shall not
apply to the Federal land and any public exchange land
transferred under this Act.
(2) The exchange of lands under this section shall be
subject to continuing rights of the Conservation District under
the Act of February 20, 1909 (35 Stat. 641), on the non-Federal
land and any exchanged portion of the non-Federal exchange
parcel for the continued use, maintenance, operation,
construction, or relocation of, or expansion of, groundwater
recharge facilities on the non-Federal land, to accommodate
groundwater recharge of the Bunker Hill Basin to the extent
that such activities are not in conflict with any Habitat
Conservation Plan or Habitat Management Plan under which such
non-Federal land or non-Federal exchange parcel may be held or
managed.
(b) FLPMA.--Except as otherwise provided in this Act, the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701, et seq.), shall
apply to the exchange of land under this Act.
SEC. 5. CANCELLATION OF SECRETARIAL ORDER 241.
Secretarial Order 241, dated November 11, 1929 (withdrawing a
portion of the Federal land for an unconstructed transmission line), is
terminated and the withdrawal thereby effected is revoked. | (This measure has not been amended since it was reported to the House on June 2, 2017. Santa Ana River Wash Plan Land Exchange Act (Sec. 3) This bill directs the Department of the Interior: (1) to convey to the San Bernardino Valley Water Conservation District in California approximately 327 acres of identified federal land administered by the Bureau of Land Management and any portion of an identified federal parcel necessary to equalize the values of the lands exchanged; and (2) to accept in exchange approximately 310 acres of district land and any portion of an identified nonfederal parcel necessary to equalize the values of the lands exchanged. To the extent an equalization payment is necessary pursuant to the Federal Land Policy and Management Act of 1976, the amount of such payment shall first be made by way of an in-kind transfer as may be necessary to equalize the fair market values of the properties exchanged. If after such in-kind transfer: (1) the value of the federal lands exceeds the value of the nonfederal lands, the district may make a payment equal to the remaining amount to the United States (if the district opts not to make such payment, the exchange shall not proceed); or (2) the value of the nonfederal lands exceeds the value of the federal lands, Interior shall order the exchange to proceed without requiring any additional payment by the United States to the district. The values of the lands to be exchanged shall be determined by independent and qualified appraisers according to nationally recognized appraisal standards. The district shall pay any costs related to such conveyance. (Sec. 4) The land exchange shall be subject to continuing rights of the district to use, maintain, operate, construct, or relocate or expand groundwater recharge facilities on the nonfederal land exchanged to accommodate groundwater recharge of the Bunker Hill Basin to the extent that those activities are not in conflict with any Habitat Conservation Plan or Habitat Management Plan under which such nonfederal land may be held or managed. (Sec. 5) The bill terminates Secretarial Order 241, dated November 11, 1929 (relating to the withdrawal of a portion of the federal land for an unconstructed transmission line) and revokes the withdrawal effected by such order. | {"src": "billsum_train", "title": "Santa Ana River Wash Plan Land Exchange Act"} | 1,662 | 476 | 0.646972 | 2.196612 | 0.71683 | 3.853147 | 3.405594 | 0.902098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Predictable, Equitable, and
Transparent (PET) Project Act of 2009''.
SEC. 2. PREDICTABLE AND EQUITABLE EARMARKING.
(a) Allocation.--Section 302(a) of the Congressional Budget Act of
1974 (2 U.S.C. 633(a)) is amended by adding at the end the following
new paragraph:
``(6) Further division of amounts for appropriation
earmarks.--
``(A) In the senate.--In the Senate, of the amount
allocated to the Committee on Appropriations for the
first fiscal year of the resolution, not more than one
half of one percent shall be allocated solely to
appropriation earmarks. Within that appropriation
earmark allocation, each Senator shall be entitled to
request of the committee not more than \1/100\th of
that amount. If a Senator makes no such request or
requests less than is permitted under this
subparagraph, then the unused amount shall be used to
reduce the deficit. If the committee denies any request
of a Senator such that his total amount of
appropriation earmarks is less than his \1/100\th
share, then the chairman and ranking minority member of
the committee shall provide the Senator written
justification for the denial of the request signed by
both the chairman and ranking minority member.
``(B) In the house.--In the House of
Representatives, of the amount allocated to the
Committee on Appropriations for the first fiscal year
of the resolution, not more than one half of one
percent shall be allocated solely to appropriation
earmarks. Within that appropriation earmark allocation,
each Member, Delegate, and Resident Commissioner shall
be entitled to request of the committee not more than
\1/441\ of that amount. If a Member, Delegate, or
Resident Commissioner makes no such request or requests
less than is permitted under this subparagraph, then
the unused amount shall be used to reduce the deficit.
If the committee denies any request of a Senator such
that his total amount of appropriation earmarks is less
than his \1/441\ share, then the chairman of the
committee shall provide the Member, Delegate, or
Resident Commissioner written justification for the
denial of the request signed by both the chairman and
ranking minority member.
``(C) Point of order.--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 providing new budget authority for
appropriation earmarks if--
``(i) the enactment of that bill or
resolution as reported;
``(ii) the adoption and enactment of that
amendment; or
``(iii) the enactment of that bill or
resolution in the form recommended in that
conference report;
would cause the level of total new budget authority or
total outlays for appropriation earmarks, as adjusted,
set forth in the applicable concurrent resolution on
the budget for the first fiscal year to be exceeded or
would cause the individual allocation of any Member,
Delegate, Resident Commissioner, or Senator to be
breached for that fiscal year.''.
(b) Definition.--Section 3 of the Congressional Budget and
Impoundment Control Act of 1974 is amended by adding at the end the
following new paragraph:
``(11) The term `appropriation earmark' has the meaning
given to the term `congressional earmark' in clause 9 of rule
XXI of the Rules of the House of Representatives.''.
SEC. 3. TRANSPARENT EARMARKING.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``transparent earmarking in the house of representatives and the senate
``Sec. 316. (a)(1) In the House of Representatives, a Member,
Delegate, or Resident Commissioner who requests an appropriation
earmark shall, within 5 legislative days after making such request--
``(A) include the amount requested, the project name, and a
project description of the matter that is the subject of that
appropriation earmark, and submit such information to the Clerk
for posting on the website of the Clerk; and
``(B) insert in the Congressional Record a written
statement--
``(i) including the amount requested, the project
name, and a project description of the matter that is
the subject of that appropriation earmark; and
``(ii) certifying that neither the Member,
Delegate, or Resident Commissioner nor any family
member (as defined in clause 15 of rule XXIII of the
Rules of the House of Representatives) of that Member,
Delegate, or Resident Commissioner has any financial
interest in the appropriation earmark.
``(2) The website of the Clerk of the House of Representatives
shall include an up-to-date, comprehensive and searchable database that
is downloadable, sortable, and comprised of all requests for
appropriation earmarks transmitted to the Clerk for the current fiscal
year and the budget year pursuant to subsection (a).
``(b)(1) In the Senate, a Senator who requests an appropriation
earmark shall, within 5 legislative days after making such request--
``(A) include the amount requested, the project name, and a
project description of the matter that is the subject of that
appropriation earmark, and submit such information to the Clerk
for posting on the website of the Clerk; and
``(B) insert in the Congressional Record a written
statement--
``(i) including the amount requested, the project
name, and a project description of the matter that is
the subject of that appropriation earmark; and
``(ii) certifying that neither the Senator nor any
family member (as used in rule XXXV of the Standing
Rules of the Senate) of that Senator has any financial
interest in the appropriation earmark.
``(2) The website of the Clerk of the Senate shall include an up-
to-date, comprehensive and searchable database that is downloadable and
sortable and comprised of all requests for appropriation earmarks
transmitted to the Clerk for the current fiscal year and the budget
year pursuant to subsection (a).''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 315 the
following new item:
``Sec. 316. Transparent earmarking in the House of Representatives and
the Senate.''.
SEC. 4. HOUSE AND SENATE RULES AMENDMENTS RESPECTING EARMARKS IN
CONFERENCE REPORTS.
(a) In the House of Representatives.--Paragraph (b) of clause 9 of
rule XXI of the Rules of the House of Representatives is amended to
read as follows:
``(b) It shall not be in order to consider a conference report to
accompany a regular general appropriation bill if that bill or the
accompanying joint explanatory statement contains any congressional
earmark that was not committed to the conference committee by either
House nor in a report of a committee of either House on such bill or on
a companion measure.''.
(b) In the Senate.--[Language to be inserted.]
SEC. 5. RULEMAKING POWER.
This Act is enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House. | Predictable, Equitable, and Transparent (PET) Project Act of 2009 - Amends the Congressional Budget Act of 1974 to limit to 1/2 of 1% the allocation solely to appropriation earmarks of the amount allocated to the Senate and House appropriations committees for the first fiscal year of a budget resolution. Entitles each Senator to 1/100th of the Senate earmark allocation and each Member of the House to 1/441 of the House earmark allocation.
Makes it out of order in either chamber to consider any measure that would cause the level of total new budget authority or total outlays for appropriation earmarks, as adjusted, set forth in the applicable budget resolution to exceed or breach such limitations.
Requires a Member or Senator requesting an appropriation earmark, within five legislative days after making such request, to: (1) submit the amount requested, the project name, and a project description of its subject matter to the appropriate Clerk for posting on the Clerk's website; and (2) insert in the Congressional Record a written statement that includes such information and certifies that neither the Member, Senator, or any family member has any financial interest in the earmark.
Requires each Clerk's website to include an up-to-date, comprehensive, and searchable database comprising all such requests for the current fiscal year and the budget year.
Makes a conforming amendment to Rule XXI (Restrictions on Certain Bills) of the Rules of the House | {"src": "billsum_train", "title": "To amend the Congressional Budget and Impoundment Control Act of 1974 to limit the annual cost of appropriation earmarks and to make them more predictable, equitable, and transparent."} | 1,852 | 331 | 0.619207 | 1.897755 | 0.739758 | 3.664207 | 5.915129 | 0.896679 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Carrier Access Amendments Act''.
SEC. 2. ACCESSIBILITY OF IN-FLIGHT ENTERTAINMENT PROGRAMMING.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by inserting after section 41705 the following:
``Sec. 41705a. Accessibility of in-flight entertainment programming
``(a) In General.--In providing air transportation, an air carrier,
including (subject to section 40105(b)) any foreign air carrier, shall
ensure that--
``(1) on and after the date that is 180 days after the date
of the enactment of the Air Carrier Access Amendments Act, all
visually displayed entertainment programming available to
passengers on a flight is accessible to individuals with
disabilities, including by--
``(A) providing, or making available, open
captioning for individuals with disabilities, including
individuals who are deaf or hard of hearing, when such
programming is available to passengers through shared
video displays, such as a monitor located in a
passenger access aisle;
``(B) providing, or making available, closed
captioning for individuals with disabilities, including
individuals who are deaf or hard of hearing, when such
programming is available to passengers through
individual video displays; and
``(C) providing, or making available, video
description for individuals with disabilities,
including individuals who are blind or visually
impaired, when such programming is available to
passengers through individual video displays or shared
video displays; and
``(2) not later than the effective date of the regulations
prescribed under subsection (c)(2), all individual video
displays that display entertainment programming or information
to passengers on a flight that are operated primarily by using
touchscreens or other contact-sensitive controls include a
mechanism that allows individuals with disabilities, including
individuals who are blind or visually impaired, to
independently operate the displays in accordance with the
standards prescribed under subsection (c).
``(b) Enforcement.--
``(1) In general.--The remedies and procedures set forth in
section 308(a) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12188(a)), including the injunctive relief described
in paragraph (2) of that section, shall be available to any
person aggrieved by the failure of an air carrier to comply
with subsection (a).
``(2) Enforcement by attorney general.--The provisions of
section 308(b) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12188(b)) shall apply with respect to the compliance
of air carriers with subsection (a) to the same extent that
those provisions apply with respect to the compliance of
covered entities with title III of that Act (42 U.S.C. 12181 et
seq.).
``(c) Establishment of Standards for Operation of Individual Video
Displays.--
``(1) In general.--Not later than 18 months after the date
of the enactment of the Air Carrier Access Amendments Act, the
Architectural and Transportation Barriers Compliance Board
shall, in consultation with the Secretary of Transportation,
prescribe standards in accordance with chapter 5 of title 5
(commonly known as the `Administrative Procedure Act') setting
forth the minimum technical criteria for individual video
displays described in subsection (a)(2) to ensure that such
video displays include a mechanism that allows individuals with
disabilities to operate the displays independently.
``(2) Regulations.--Not later than 180 days after the
Architectural and Transportation Barriers Compliance Board
issues standards under paragraph (1), the Secretary shall
prescribe such regulations as are necessary to implement those
standards and shall publish those regulations in an accessible
format.
``(3) Review and amendment.--The Architectural and
Transportation Barriers Compliance Board, in consultation with
the Secretary, shall periodically review and, as appropriate,
amend the standards prescribed under paragraph (1) in
accordance with chapter 5 of title 5. Not later than 180 days
after the Architectural and Transportation Barriers Compliance
Board issues amended standards under this paragraph, the
Secretary shall make such revisions to the regulations
prescribed under paragraph (2) as are necessary to implement
the amended standards.
``(d) Definitions.--In this section:
``(1) Closed captioning.--The term `closed captioning'
means a method, process, or mechanism, which may include a
device, that--
``(A) allows an individual who is deaf or hard of
hearing to have access to the content of visually
displayed entertainment programming; and
``(B) allows that access by displaying, through an
individual device or individually used technology, all
of the audio portion of the programming (including
displaying the dialogue and any narration, as well as
descriptions of on- and off-screen sounds such as sound
effects, music, or lyrics for music, and information
identifying the character who is speaking) as text that
can be effectively viewed and controlled by that
individual while the individual simultaneously watches
the programming.
``(2) Individual with a disability.--The term `individual
with a disability' means any person who has a disability as
defined in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102).
``(3) Open captioning.--The term `open captioning' means a
method, process, or mechanism that--
``(A) allows an individual who is deaf or hard of
hearing to have access to the content of visually
displayed entertainment programming; and
``(B) allows that access by openly displaying on
the video display on which the programming is displayed
all of the audio portion of the programming (including
displaying the dialogue and any narration, as well as
descriptions of on- and off-screen sounds such as sound
effects, music, or lyrics for music, and information
identifying the character who is speaking) as text that
can be effectively viewed by that individual and other
passengers while the individual and passengers
simultaneously watch the programming.
``(4) Video description.--The term `video description'
means a method, process, or mechanism, including a device,
that--
``(A) allows an individual who is blind or visually
impaired to have access to the key visual elements of
visually displayed entertainment programming (such as
actions, settings, facial expressions, costumes, and
scene changes); and
``(B) allows that access through the provision of
contemporaneous audio narrated descriptions of those
elements during the natural pauses in the audio portion
of the programming, or during the audio portion if
necessary.
``(5) Visually displayed entertainment programming.--The
term `visually displayed entertainment programming' means live
televised events, recorded programming (including television
programs), or motion pictures that are available to passengers,
for a fee or without cost, on a flight in air
transportation.''.
(b) Clerical Amendment.--The analysis for chapter 417 of title 49,
United States Code, is amended by inserting after the item relating to
section 41705 the following:
``41705a. Accessibility of in-flight entertainment programming.''. | Air Carrier Access Amendments Act - Requires domestic and foreign air carriers to ensure that all visually displayed entertainment programming available to flight passengers is accessible to individuals with disabilities, including by making available open captioning (openly displaying text on a shared video monitor), closed captioning (displaying text through an individual video monitor), and video description (audio-narrated descriptions through individual or shared monitors) for individuals who are deaf, hard of hearing, blind, or visually impaired, as the case may be. Requires in addition that all individual video displays to flight passengers of entertainment programming or information that are operated primarily by use of touchscreens or other contact-sensitive controls include a mechanism allowing individuals with disabilities to operate such displays independently in accordance with standards the Access Board shall establish. Makes certain penalties under the Americans with Disabilities Act of 1990 available to persons aggrieved by an air carrier's failure to comply with this Act. | {"src": "billsum_train", "title": "Air Carrier Access Amendments Act"} | 1,556 | 206 | 0.755126 | 2.338597 | 0.831533 | 2.771429 | 8.342857 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rocky Mountain Forest Insects
Response Enhancement and Support Act'' or the ``Rocky Mountain FIRES
Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) fire beetles, bark beetles, and other insects that feed
on trees are--
(A) natural parts of the Rocky Mountain forest
ecology; and
(B) shape the forest in a beneficial manner by
thinning dense tree stands and promoting cyclical re-
growth;
(2) in various parts of the Rocky Mountain region large-
scale infestations of bark beetles and other insects, in
combination with other factors, have increased the likelihood
of unusually severe wildfires that pose a threat to individuals
and properties that are located in nearby communities;
(3) increased wildfire danger is the result of numerous
factors, including--
(A) a century-long policy of suppressing small
fires on Federal land that, combined with a recent
reduction in the quantity of timber harvested on
Federal land, has resulted in unusually dense
vegetation that can provide fuel for unusually severe
wildfires;
(B) a pronounced and prolonged drought that has
weakened trees and made the trees more susceptible to
wildfire and insects; and
(C) population growth in the mountain communities
adjacent to Federal land, and the development of ski
areas and other recreational facilities on and in the
vicinity of Federal land, that have increased the
number of individuals, homes, and businesses at risk;
(4) the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6501 et seq.) addressed the need to reduce the volume of fuel
that can feed the most severe fires that threaten communities;
and
(5) provisions of that Act and other laws need to be
modified to help reduce the increased risk of severe wildfires
to communities in the Rocky Mountain region resulting from the
effects of widespread infestations of bark beetles and other
insects.
(b) Purpose.--The purpose of this Act is to facilitate a more
expeditious response by the Secretary of Agriculture and the Secretary
of the Interior in reducing the increased risk of severe wildfires to
communities in the Rocky Mountain region resulting from the effects of
widespread infestations of bark beetles and other insects.
SEC. 3. RESPONSE TO WIDESPREAD INFESTATIONS OF BARK BEETLES AND OTHER
INSECTS ON FEDERAL LAND IN THE ROCKY MOUNTAIN REGION.
(a) Definitions.--Section 101 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511) is amended--
(1) by redesignating paragraphs (12) through (16) as
paragraphs (13), (14), (16), (17), and (18), respectively;
(2) by inserting after paragraph (11) the following:
``(12) Insect emergency area.--The term `insect-emergency
area' means Federal land in the Rocky Mountain region that--
``(A) the Secretary determines is subject to a
widespread infestation of bark beetles and other
insects;
``(B) is identified for hazardous fuel reduction
treatment in a community wildfire protection plan; and
``(C) is characterized by insect-induced tree
mortality that the Secretary determines has, or within
1 year will have, produced a condition such that an
immediate reduction in hazardous fuels is required to
reduce the risks to human life and property, or to a
municipal water supply, from a severe wildfire.''; and
(3) by inserting after paragraph (14) (as redesignated by
paragraph (1)) the following:
``(15) Rocky mountain region.--The term `Rocky Mountain
region' means the States of Arizona, Colorado, Idaho, Montana,
New Mexico, North Dakota, South Dakota, Utah, and Wyoming.''.
(b) Prioritization for Federal Land in Rocky Mountain Region.--
Section 103(d)(1) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6513(d)(1)) is amended by adding at the end the following:
``(D) Prioritization for federal land in rocky
mountain region.--The Secretary shall use not less than
70 percent of the funds allocated for authorized
hazardous fuel reduction projects in the Rocky Mountain
region for--
``(i) projects in the wildland-urban
interface; and
``(ii) projects on land that--
``(I) is in proximity to--
``(aa) a municipal water
supply system; or
``(bb) a stream feeding a
municipal water supply system
in a municipal watershed; and
``(II) has been identified for
hazardous fuel reduction projects in
community wildfire protection plans.''.
(c) Alternative Analysis Process.--Section 104(d)(2) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6514(d)(2)) is amended by
inserting ``or on any other land identified for such a project in a
community wildfire protection plan for an at-risk community in or
adjacent to an insect-emergency area'' after ``at-risk community''.
(d) Insect Emergencies.--Title I of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511 et seq.) is amended--
(1) by redesignating sections 107 and 108 as sections 109
and 110, respectively; and
(2) by inserting after section 106 the following:
``SEC. 107. ACTIONS RELATING TO INSECT-EMERGENCY AREAS.
``(a) Designation.--
``(1) Authority.--The Secretary may designate insect-
emergency areas.
``(2) Basis of designation.--The Secretary shall designate
an insect-emergency area based on the best information
available to the Secretary, including observation of relevant
insect infestations.
``(3) Initiation.--The designation of an insect-emergency
area may be made--
``(A) on the initiative of the Secretary; or
``(B) in response to a request by--
``(i) a State agency; or
``(ii) a political subdivision of a State.
``(4) Deadline.--Not later than 90 days after the date of
receipt of a request under paragraph (3)(B), the Secretary
shall approve or deny the request.
``(5) Limitation on delegation.--In the case of National
Forest System land, the authority of the Secretary to make a
designation under this section may be delegated only to a
Regional Forester.
``(b) Consultation and Public Comment.--Before making a
determination to designate an insect-emergency area, the Secretary
shall--
``(1) consult with--
``(A) any Federal agency responsible for managing
land in an applicable community wildfire protection
plan; and
``(B) appropriate State and local officials; and
``(2) provide public notice and an opportunity to comment.
``(c) Effect of Determination.--
``(1) Authorized hazardous fuel reduction projects.--An
authorized hazardous fuel reduction project involving land in
an insect-emergency area may be categorically excluded from
documentation in an environmental impact statement and
environmental assessment under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) if--
``(A) the project involves only land that is
identified for hazardous-fuel reduction treatment in a
community wildfire protection plan; and
``(B) the decision to categorically exclude the
project is made in accordance with applicable
extraordinary circumstances procedures required by
section 1508.4 of title 40, Code of Federal Regulations
(or a successive regulation).
``(2) Stewardship projects.--A stewardship contracting
project under section 347 of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note;
112 Stat. 2681-298) to carry out a hazardous fuel reduction
project in an insect-emergency area may exceed 10 years, but
shall not exceed 15 years, in duration.
``(d) Personnel Authority.--The Secretary may relocate or reassign
personnel of the Forest Service to provide additional personnel to
prepare and carry out--
``(1) applied silvicultural assessments under section 404
in response to an insect emergency; or
``(2) other appropriate actions involving Federal land
subject to an insect emergency.''.
(e) Hazardous Fuel Reduction Projects.--The Secretary may allocate
funds made available under Section 35 of the Mineral Leasing Act (30
U.S.C. 191) (as amended by section 4(b)) for hazardous fuel reduction
projects in designated insect emergency areas.
(f) Conforming Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; 117 Stat. 1888)
is amended by striking the items relating to section 107 and 108 and
inserting the following:
``Sec. 107. Actions relating to insect-emergency areas.
``Sec. 108. Effect of title.
``Sec. 109. Authorization of appropriations.''
SEC. 4. COMMUNITY WILDFIRE PROTECTION PLAN DEVELOPMENT ASSISTANCE FOR
AT-RISK COMMUNITIES IN THE ROCKY MOUNTAIN REGION.
(a) Availability of Assistance.--Section 103 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6513) is amended by adding at the
end the following:
``(e) Planning Assistance for At-Risk Communities.--
``(1) In general.--The Secretary, in consultation with
appropriate State agencies, shall make grants to at-risk
communities in the Rocky Mountain region to assist the at-risk
communities in preparing or revising a community wildfire
protection plan.
``(2) Source of funds.--The Secretary shall use amounts
made available under section 35(c) of the Mineral Leasing Act
(30 U.S.C. 191(c)) to carry out this subsection.''.
(b) Funding Source.--Section 35 of the Mineral Leasing Act (30
U.S.C. 191) is amended by adding at the end the following:
``(d) Assistance for At-Risk Communities.--Notwithstanding the
first sentence of subsection (a), $5,000,000 of the amounts paid into
the Treasury under subsection (a) for each of fiscal years 2006 through
2010 shall be made available to the Secretary, without further
appropriation and until expended, for obligation and expenditure
pursuant to section 103(e) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6513(e)).''.
SEC. 5. ADDITIONAL ASSISTANCE FOR PREPARATION OF COMMUNITY WILDFIRE
PROTECTION PLANS.
Section 33(b)(3) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229(b)(3)) is amended by striking subparagraph (L) and
inserting the following:
``(L) To fund fire prevention programs, including
the development of community wildfire protection plans
(as defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511)).''.
SEC. 6. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM; BIOMASS
COLLECTION.
(a) Biomass Commercial Utilization Grant Program.--The Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6531) is amended by striking
section 203 and inserting the following:
``SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM.
``(a) Program Authorized.--The Secretary may provide to owners or
operators of facilities that use biomass, on an annual basis, grants
for use in accordance with subsection (d).
``(b) Eligible Recipients.--A grant shall be awarded under this
section only to an owner or operator of a facility that uses biomass--
``(1) as a raw material to produce--
``(A) electricity;
``(B) sensible heat; or
``(C) transportation fuel;
``(2) for wood-based products; or
``(3) for other commercial purposes.
``(c) Priority.--In making grants under this section, the Secretary
shall give priority to applications submitted by individuals or
entities that purchase biomass removed from land in insect-emergency
areas (as defined in section 101) through an authorized hazardous fuel
reduction project carried out pursuant to section 102.
``(d) Use of Grant Funds.--An owner or operator who receives a
grant pursuant to this section may use funds from the grant to offset
the costs of purchasing biomass.
``(e) Relationship to Other Authority.--The Secretary may exercise
the authority provided by this section in conjunction with, or in
addition to, any other authority of the Secretary to support or
stimulate the use of biomass fuel.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
each of fiscal years 2007 through 2010.''.
``SEC. 204. ESTABLISHMENT OF CENTRAL COLLECTION POINTS.
``(a) Establishment.--
``(1) In general.--To the maximum extent practicable, and
consistent with relevant land management plans, the Secretary
shall establish 1 or more collection points for the placement
of vegetative material removed from Federal or other land as
part of a hazardous fuel reduction project under title I.
``(2) Conditions for establishment.--
``(A) Safe transportation of vegetative material.--
No collection point shall be established pursuant to
this section if the Secretary determines that
transportation of the vegetative material to or from
the proposed collection point would result in an
increased risk of infestation of insects.
``(B) Consent of property owner.--No collection
point shall be established pursuant to this section on
any property not owned by the United States without the
consent of the owner of the property.
``(b) Use.--Vegetative material placed at a collection point
established under this section may be sold, donated, or otherwise made
available to any individual or entity that agrees to remove the
material from the collection point.''.
(b) Conforming Amendment.--The table of contents of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.) is amended by
adding after the item relating to section 203 the following:
``Sec. 204. Establishment of central collection points.''. | Rocky Mountain Forest Insects Response Enhancement and Support Act or the Rocky Mountain FIRES Act - Amends the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture or the Secretary of the Interior (the Secretary) to use not less than 70% of the funds allocated for authorized hazardous fuel reduction projects in the Rocky Mountain region for: (1) projects in the wildland-urban interface; and (2) projects on land that is in proximity to a municipal water supply system or a stream feeding such a system in a municipal watershed and that has been identified for such projects in community wildfire protection plans.
Authorizes the Secretary to designate insect-emergency areas.
Authorizes grants to: (1) at-risk communities in the Rocky Mountain region to assist such communities in preparing or revising a community wildfire protection plan; and (2) owners or operators of facilities that use biomass to offset their costs of purchasing biomass.
Requires the Secretary to establish at least one collection point for the placement of vegetative material removed from federal or other land as part of a hazardous fuel reduction project. | {"src": "billsum_train", "title": "A bill to amend the Healthy Forests Restoration Act of 2003 to help reduce the increased risk of severe wildfires to communities in forested areas affected by infestations of bark beetles and other insects, and for other purposes."} | 3,349 | 235 | 0.598459 | 1.610763 | 0.714439 | 4.293839 | 13.521327 | 0.957346 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Internet Research
Act of 1998''.
SEC. 2. FINDINGS.
(a) In General.--The Congress finds that--
(1) United States leadership in science and technology has been
vital to the Nation's prosperity, national and economic security,
and international competitiveness, and there is every reason to
believe that maintaining this tradition will lead to long-term
continuation of United States strategic advantages in information
technology;
(2) the United States investment in science and technology has
yielded a scientific and engineering enterprise without peer, and
that Federal investment in research is critical to the maintenance
of United States leadership;
(3) previous Federal investment in computer networking
technology and related fields has resulted in the creation of new
industries and new jobs in the United States;
(4) the Internet is playing an increasingly important role in
keeping citizens informed of the actions of their government; and
(5) continued inter-agency cooperation is necessary to avoid
wasteful duplication in Federal networking research and development
programs.
(b) Additional Findings for the 1991 Act.--Section 2 of the High-
Performance Computing Act of 1991 (15 U.S.C. 5501) is amended by--
(1) striking paragraph (4) and inserting the following:
``(4) A high-capacity, flexible, high-speed national research
and education computer network is needed to provide researchers and
educators with access to computational and information resources,
act as a test bed for further research and development for high-
capacity and high-speed computer networks, and provide researchers
the necessary vehicle for continued network technology improvement
through research.''; and
(2) adding at the end thereof the following:
``(7) Additional research must be undertaken to lay the
foundation for the development of new applications that can result
in economic growth, improved health care, and improved educational
opportunities.
``(8) Research in new networking technologies holds the promise
of easing the economic burdens of information access
disproportionately borne by rural users of the Internet.
``(9) Information security is an important part of computing,
information, and communications systems and applications, and
research into security architectures is a critical aspect of
computing, information, and communications research programs.''.
SEC. 3. PURPOSES.
(a) In General.--The purposes of this Act are--
(1) to authorize, through the High-Performance Computing Act of
1991 (15 U.S.C. 5501 et seq.), research programs related to--
(A) high-end computing and computation;
(B) human-centered systems;
(C) high confidence systems; and
(D) education, training, and human resources; and
(2) to provide, through the High-Performance Computing Act of
1991 (15 U.S.C. 5501 et seq.), for the development and coordination
of a comprehensive and integrated United States research program
which will--
(A) focus on the research and development of a coordinated
set of technologies that seeks to create a network
infrastructure that can support greater speed, robustness, and
flexibility than is currently available and promote
connectivity and interoperability among advanced computer
networks of Federal agencies and departments;
(B) focus on research in technology that may result in
high-speed data access for users that is both economically
viable and does not impose a geographic penalty; and
(C) encourage researchers to pursue approaches to
networking technology that lead to maximally flexible and
extensible solutions wherever feasible.
(b) Modification of Purposes of the 1991 Act.--Section 3 of the
High-Performance Computing Act of 1991 (15 U.S.C. 5502) is amended by--
(1) striking the section caption and inserting the following:
``SEC. 3. PURPOSES.'';
(2) striking ``purpose of this Act is'' and inserting
``purposes of this Act are'';
(3) striking subparagraph (A) of paragraph (1) and
redesignating subparagraphs (B) through (I) as subparagraphs (A)
through (H), respectively;
(4) striking ``Network'' and inserting ``Internet'' in
paragraph (1)(B), as so redesignated by paragraph (3) of this
subsection;
(5) striking ``and'' at the end of paragraph (1)(H), as so
redesignated by paragraph (3) of this subsection;
(6) in paragraph (2), by striking ``efforts.'' and inserting
``network research and development programs;''; and
(7) adding at the end thereof the following:
``(3) promoting the more rapid development and wider
distribution of networking management and development tools; and
``(4) promoting the rapid adoption of open network
standards.''.
SEC. 4. NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM.
(a) Program Elements.--Subparagraphs (A) and (B) of section
101(a)(2) of the High-Performance Computing Act of 1991 (15 U.S.C.
5511(a)(2)(A) and (B)) are amended to read as follows:
``(A) provide for the development of technologies to advance
the capacity and capabilities of the Internet;
``(B) provide for high performance testbed networks to enable
the research, development, and demonstration of advanced networking
technologies and to develop and demonstrate advanced applications
made possible by the existence of such testbed networks;''.
(b) Advisory Committee.--Section 101(b) of the High-Performance
Computing Act of 1991 (15 U.S.C. 5511(b)) is amended by striking
``High-Performance Computing'' in the subsection heading.
SEC. 5. NEXT GENERATION INTERNET.
Title I of the High-Performance Computing Act of 1991 (15 U.S.C.
5511 et seq.) is amended by adding at the end the following new
section:
``SEC. 103. NEXT GENERATION INTERNET.
``(a) Establishment.--The National Science Foundation, the
Department of Energy, the National Institutes of Health, the National
Aeronautics and Space Administration, and the National Institute of
Standards and Technology may support the Next Generation Internet
program. The objectives of the Next Generation Internet program shall
be to--
``(1) support research, development, and demonstration of
advanced networking technologies to increase the capabilities and
improve the performance of the Internet;
``(2) develop an advanced testbed network connecting a
significant number of research sites, including universities,
Federal research institutions, and other appropriate research
partner institutions, to support networking research and to
demonstrate new networking technologies; and
``(3) develop and demonstrate advanced Internet applications
that meet important national goals or agency mission needs, and
that are supported by the activities described in paragraphs (1)
and (2).
``(b) Duties of Advisory Committee.--The President's Information
Technology Advisory Committee (established pursuant to section 101(b)
by Executive Order No. 13035 of February 11, 1997 (62 F.R. 7131), as
amended by Executive Order No. 13092 of July 24, 1998), in addition to
its functions under section 101(b), shall--
``(1) assess the extent to which the Next Generation Internet
program--
``(A) carries out the purposes of this Act; and
``(B) addresses concerns relating to, among other matters--
``(i) geographic penalties (as defined in section 7(1)
of the Next Generation Internet Research Act of 1998);
``(ii) the adequacy of access to the Internet by
Historically Black Colleges and Universities, Hispanic
Serving Institutions, and small colleges and universities
(whose enrollment is less than 5,000) and the degree of
participation of those institutions in activities described
in subsection (a); and
``(iii) technology transfer to and from the private
sector;
``(2) review the extent to which the role of each Federal
agency and department involved in implementing the Next Generation
Internet program is clear and complementary to, and non-duplicative
of, the roles of other participating agencies and departments;
``(3) assess the extent to which Federal support of fundamental
research in computing is sufficient to maintain the Nation's
critical leadership in this field; and
``(4) make recommendations relating to its findings under
paragraphs (1), (2), and (3).
``(c) Reports.--The Advisory Committee shall review implementation
of the Next Generation Internet program and shall report, not less
frequently than annually, to the President, the Committee on Commerce,
Science, and Transportation, the Committee on Appropriations, and the
Committee on Armed Services of the Senate, and the Committee on
Science, the Committee on Appropriations, and the Committee on National
Security of the House of Representatives on its findings and
recommendations for the preceding fiscal year. The first such report
shall be submitted 6 months after the date of the enactment of the Next
Generation Internet Research Act of 1998 and the last report shall be
submitted by September 30, 2000.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated for the purposes of this section--
``(1) for the Department of Energy, $22,000,000 for fiscal year
1999 and $25,000,000 for fiscal year 2000;
``(2) for the National Science Foundation, $25,000,000 for
fiscal year 1999 and $25,000,000 for fiscal year 2000, as
authorized in the National Science Foundation Authorization Act of
1998;
``(3) for the National Institutes of Health, $5,000,000 for
fiscal year 1999 and $7,500,000 for fiscal year 2000;
``(4) for the National Aeronautics and Space Administration,
$10,000,000 for fiscal year 1999 and $10,000,000 for fiscal year
2000; and
``(5) for the National Institute of Standards and Technology,
$5,000,000 for fiscal year 1999 and $7,500,000 for fiscal year
2000.
Such funds may not be used for routine upgrades to existing federally
funded communication networks.
SEC. 6. STUDY OF EFFECTS ON TRADEMARK RIGHTS OF ADDING GENERIC TOP-
LEVEL DOMAINS.
(a) Study by National Research Council.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Commerce
shall request the National Research Council of the National Academy of
Sciences to conduct a comprehensive study, taking into account the
diverse needs of domestic and international Internet users, of the
short-term and long-term effects on trademark rights of adding new
generic top-level domains and related dispute resolution procedures.
(b) Matters To Be Assessed in Study.--The study shall assess and,
as appropriate, make recommendations for policy, practice, or
legislative changes relating to--
(1) the short-term and long-term effects on the protection of
trademark rights and consumer interests of increasing or decreasing
the number of generic top-level domains;
(2) trademark rights clearance processes for domain names,
including--
(A) whether domain name databases should be readily
searchable through a common interface to facilitate the
clearing of trademark rights and proposed domain names across a
range of generic top-level domains;
(B) the identification of what information from domain name
databases should be accessible for the clearing of trademark
rights; and
(C) whether generic top-level domain registrants should be
required to provide certain information;
(3) domain name trademark rights dispute resolution mechanisms,
including how to--
(A) reduce trademark rights conflicts associated with the
addition of any new generic top-level domains; and
(B) reduce trademark rights conflicts through new technical
approaches to Internet addressing;
(4) choice of law or jurisdiction for resolution of trademark
rights disputes relating to domain names, including which
jurisdictions should be available for trademark rights owners to
file suit to protect such trademark rights;
(5) trademark rights infringement liability for registrars,
registries, or technical management bodies;
(6) short-term and long-term technical and policy options for
Internet addressing schemes and the impact of such options on
current trademark rights issues; and
(7) public comments on the interim report and on any reports
that are issued by intergovernmental bodies.
(c) Cooperation With Study.--
(1) Interagency cooperation.--The Secretary of Commerce shall--
(A) direct the Patent and Trademark Office, the National
Telecommunications and Information Administration, and other
Department of Commerce entities to cooperate fully with the
National Research Council in its activities in carrying out the
study under this section; and
(B) request all other appropriate Federal departments,
Federal agencies, Government contractors, and similar entities
to provide similar cooperation to the National Research
Council.
(2) Private corporation cooperation.--The Secretary of Commerce
shall request that any private, not-for-profit corporation
established to manage the Internet root server system and the top-
level domain names provide similar cooperation to the National
Research Council.
(d) Reports.--
(1) In general.--
(A) Interim report.--After a period of public comment and
not later than 4 months after the date of the enactment of this
Act, the National Research Council shall submit an interim
report on the study to the Secretary of Commerce.
(B) Final report.--After a period of public comment and not
later than 9 months after the date of the enactment of this
Act, the National Research Council shall complete the study
under this section and submit a final report on the study to
the Secretary of Commerce. The final report shall set forth the
findings, conclusions, and recommendations of the Council
concerning the effects of adding new generic top-level domains
and related dispute resolution procedures on trademark rights.
(2) Submission to congressional committees.--
(A) Interim report.--Not later than 7 days after the date
on which the interim report is submitted to the Secretary of
Commerce, the Secretary shall submit the interim report to the
Committee on Commerce, Science, and Transportation and the
Committee on the Judiciary of the Senate, and to the Committee
on Commerce, the Committee on Science, and the Committee on the
Judiciary of the House of Representatives.
(B) Final report.--Not later than 7 days after the date on
which the final report is submitted to the Secretary of
Commerce, the Secretary shall submit the final report to the
Committee on Commerce, Science, and Transportation and the
Committee on the Judiciary of the Senate, and to the Committee
on Commerce, the Committee on Science, and the Committee on the
Judiciary of the House of Representatives.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $800,000 for the study conducted under this section.
SEC. 7. DEFINITIONS.
(a) In General.--For purposes of this Act--
(1) Geographic penalty.--The term ``geographic penalty'' means
the imposition of costs on users of the Internet in rural or other
locations, attributable to the distance of the user from network
facilities, the low population density of the area in which the
user is located, or other factors, that are disproportionately
greater than the costs imposed on users in locations closer to such
facilities or on users in locations with significantly greater
population density.
(2) Internet.--The term ``Internet'' means the international
computer network of both Federal and non-Federal interoperable
packet switched data networks.
(b) Additional Definition for the 1991 Act.--Section 4 of the High-
Performance Computing Act of 1991 (15 U.S.C. 5503) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) `Internet' means the international computer network of
both Federal and non-Federal interoperable packet switched data
networks;''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Next Generation Internet Research Act of 1998 - Declares the purposes of this Act to be to: (1) authorize research programs related to high-end computing and computation, human-centered systems, high confidence systems, and education, training, and human resources; and (2) provide for the development and coordination of a comprehensive and integrated U.S. research program which will focus on a computer network infrastructure that promotes interoperability among advanced Federal computer networks, high-speed data access that is economical and that does not impose a geographic penalty, and flexible and extensible networking technology. Amends the High-Performance Computing Act of 1991 to include among its purposes: (1) promoting the more rapid development and wider distribution of networking management and development tools; and (2) promoting the rapid adoption of open network standards.
Directs that the National High-Performance Computing Program provide for: (1) the development of technologies to advance Internet capacity and capabilities; and (2) high-performance testbed networks to enable the research, development, and demonstration of advanced networking technologies and to develop and demonstrate advanced applications.
Authorizes the National Science Foundation, the Department of Energy, the National Institutes of Health, the National Aeronautics and Space Administration, and the National Institute of Standards and Technology (the supporting agencies) to support the Next Generation Internet Program (Program). Includes among Program objectives: (1) increasing Internet capabilities and improving Internet performance; (2) developing an advanced testbed network connecting research sites; and (3) developing advanced Internet applications that meet national goals and agency mission needs.
Directs the President's Information Technology Advisory Committee to assess the extent to which: (1) the Program carries out the purposes of this Act and addresses concerns relating to geographic penalties (costs imposed on Internet users in rural or other locations that are greater than those imposed on users in large population areas or areas closer to network facilities), technology transfer to and from the private sector, and the adequacy of Internet access by historically Black colleges and universities, Hispanic serving institutions, and small colleges and universities; (2) the roles of Federal departments and agencies involved in implementing the Program are clear, complementary, and non-duplicative; and (3) Federal support in fundamental research in computing is sufficient to maintain U.S. leadership in the field. Requires the Advisory Committee to assess Program implementation and report on its findings and recommendations at least annually to the President and specified congressional committees.
Authorizes appropriations to the supporting agencies for FY 1999 and 2000 for the Program.
Directs the Secretary of Commerce to request the National Research Council of the National Academy of Sciences to conduct a comprehensive study of specified matters relating to the short and long term effects on trademark rights of adding new generic top-level domains and related dispute resolution procedures, including: (1) trademark rights clearance processes for domain names; (2) domain name trademark rights dispute resolution; (3) infringement liability for registrars or technical management bodies; and (4) technical and policy options for Internet addressing schemes. Requires: (1) an interim and final report from the Council to the Secretary; and (2) the submission of such reports to specified congressional committees. Authorizes appropriations for the study. | {"src": "billsum_train", "title": "Next Generation Internet Research Act of 1998"} | 3,401 | 667 | 0.647201 | 2.17351 | 0.730851 | 3.975039 | 5.123245 | 0.932917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CBRN Intelligence and Information
Sharing Act of 2015''.
SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE
AND INFORMATION SHARING.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
``SEC. 210G. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
INTELLIGENCE AND INFORMATION SHARING.
``(a) In General.--The Office of Intelligence and Analysis of the
Department of Homeland Security shall--
``(1) support homeland security-focused intelligence
analysis of terrorist actors, their claims, and their plans to
conduct attacks involving chemical, biological, radiological,
and nuclear materials against the Nation;
``(2) support homeland security-focused intelligence
analysis of global infectious disease, public health, food,
agricultural, and veterinary issues;
``(3) support homeland security-focused risk analysis and
risk assessments of the homeland security hazards described in
paragraphs (1) and (2), including the transportation of
chemical, biological, nuclear, and radiological materials, by
providing relevant quantitative and nonquantitative threat
information;
``(4) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance prevention,
protection, response, and recovery efforts with respect to a
chemical, biological, radiological, or nuclear attack;
``(5) share information and provide tailored analytical
support on these threats to State, local, and tribal
authorities as well as other national biosecurity and
biodefense stakeholders and other Federal agencies, as
appropriate; and
``(6) perform other responsibilities, as assigned by the
Secretary.
``(b) Coordination.--Where appropriate, the Office of Intelligence
and Analysis shall coordinate with other relevant Department
components, including the National Biosurveillance Integration Center,
others in the Intelligence Community, including the National Counter
Proliferation Center, and other Federal, State, local, and tribal
authorities, including officials from high-threat areas, State and
major urban area fusion centers, and local public health departments,
as appropriate, and enable such entities to provide recommendations on
optimal information sharing mechanisms, including expeditious sharing
of classified information, and on how they can provide information to
the Department.
``(c) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means
the Committee on Homeland Security of the House of
Representatives and any committee of the House of
Representatives or the Senate having legislative jurisdiction
under the rules of the House of Representatives or Senate,
respectively, over the matter concerned.
``(2) The term `Intelligence Community' has the meaning
given that term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
``(3) The term `national biosecurity and biodefense
stakeholders' means officials from the Federal, State, local,
and tribal authorities and individuals from the private sector
who are involved in efforts to prevent, protect against,
respond to, and recover from a biological attack or other
phenomena that may have serious health consequences for the
United States, including infectious disease outbreaks.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 210G. Chemical, biological, radiological, and nuclear
intelligence and information sharing.''.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act and annually thereafter, the
Secretary of Homeland Security shall report to the appropriate
congressional committees on--
(A) the intelligence and information sharing
activities under subsection (a) and of all relevant
entities within the Department of Homeland Security to
counter the threat from attacks using chemical,
biological, radiological, and nuclear materials; and
(B) the Department's activities in accordance with
relevant intelligence strategies.
(2) Assessment of implementation.--The report shall
include--
(A) a description of methods established to assess
progress of the Office of Intelligence and Analysis in
implementing the amendment made by subsection (a); and
(B) such assessment.
(3) Termination.--This subsection shall have no force or
effect after the end of the 5-year period beginning on the date
of the enactment of this Act.
SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO
STATE, LOCAL, TRIBAL, AND PRIVATE ENTITIES WITH
RESPONSIBILITIES RELATING TO HOMELAND SECURITY.
Section 201(d)(8) of the Homeland Security Act of 2002 (6 U.S.C.
121(d)(8)) is amended by striking ``and to agencies of State'' and all
that follows and inserting ``to State, local, tribal, and private
entities with such responsibilities, and, as appropriate, to the
public, in order to assist in preventing, deterring, or responding to
acts of terrorism against the United States.''.
Passed the House of Representatives June 25, 2015.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on June 17, 2015. CBRN Intelligence and Information Sharing Act of 2015 (Sec. 2) Amends the Homeland Security Act of 2002 to direct the Office of Intelligence and Analysis of the Department of Homeland Security (DHS) to: (1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, and nuclear materials against the nation and of global infectious disease, public health, food, agricultural, and veterinary issues; (2) support homeland security-focused risk analysis and risk assessments of such homeland security hazards, including the transportation of chemical, biological, nuclear, and radiological materials, by providing relevant quantitative and nonquantitative threat information; (3) leverage homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; and (4) share information and provide tailored analytical support on these threats to state, local, and tribal authorities as well as other national biosecurity and biodefense stakeholders and other federal agencies, as appropriate. Requires the Office to coordinate with other DHS components, the Intelligence Community, and federal, state, local, and tribal authorities, including officials from high-threat areas, state and major urban area fusion centers, and local public health departments where appropriate, and enable such entities to provide recommendations on optimal information sharing mechanisms and on how they can provide information to DHS. Directs DHS to report annually on: (1) intelligence and information sharing activities to counter the threat from attacks using chemical, biological, radiological, and nuclear materials, and (2) DHS's activities in accordance with relevant intelligence strategies. Terminates this reporting requirement after the end of the five-year period beginning on this Act's enactment. (Sec. 3) Requires DHS to ensure that homeland security information analyzed by it concerning terrorist threats is provided to state, local, tribal, and private entities and the public. | {"src": "billsum_train", "title": "CBRN Intelligence and Information Sharing Act of 2015"} | 1,178 | 437 | 0.781668 | 2.50069 | 1.018937 | 6 | 2.651741 | 0.925373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Care for Vulnerable Older
Citizens through Workforce Advancement Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As of 2012, more than 41,000,000 Americans are age 65
or older. More than 75 percent of them suffer from chronic
conditions which require person-centered, coordinated care that
helps them to live in a home- or community-based setting. In
2012, the Government Accountability Office found that 34
percent of Americans 60 and older reported needing assistance
performing Activities of Daily Living.
(2) Direct-care workers (referred to in this section as
``DCWs'') provide an estimated 70 to 80 percent of the paid
hands-on long-term care and personal assistance received by
elders and people with disabilities or other chronic conditions
in the United States. These workers help their clients bathe,
dress, and negotiate a host of other daily tasks. They are a
lifeline for those they serve, as well as for families and
friends struggling to provide quality care.
(3) Eldercare and disability services positions account for
nearly one-third of the 18,000,000 health care jobs in the
United States. The direct-care workforce alone accounts for
more than 4,000,000 jobs, expected to add 1,600,000 new
positions by 2020.
(4) The majority of DCWs are now employed in home- and
community-based settings, and not in institutional settings
such as nursing care facilities or hospitals. By 2020, home-
and community-based DCWs are likely to outnumber facility
workers by more than 2 to 1.
(5) A 2008 Institute of Medicine report, entitled ``Re-
tooling for an Aging America: Building the Health Care
Workforce'', called for new models of care delivery and
coordination, and dedicated a chapter to the central importance
of the direct-care workforce in a ``re-tooled'' eldercare
delivery system.
(6) An Institute of Medicine report on the future of
nursing, released in October of 2010, recommended nurses should
practice to the full extent of their education and training.
The report also states that all health care professionals
should work collaboratively in team-based models, and that the
goal should be to encourage care models that use every member
of the team to the full capacity of his or her training and
skills.
(7) The Patient Protection and Affordable Care Act (Public
Law 111-148) emphasizes the need for improving care and
lowering costs by better coordination of care and integration
of services, particularly for consumers with multiple chronic
conditions. This will require developing new models of care for
those receiving long-term services and supports.
SEC. 3. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE
DELIVERY.
Part A of title IV of the Older Americans Act of 1965 (42 U.S.C.
3032 et seq.) is amended by adding at the end the following:
``SEC. 423. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE
DELIVERY.
``(a) Establishment of Demonstration Program.--
``(1) In general.--The Assistant Secretary shall carry out
a demonstration program in accordance with this section. Under
such program, the Assistant Secretary shall award grants to
eligible entities to carry out demonstration projects that
focus on care coordination and service delivery redesign for
older individuals with chronic illness or at risk of
institutional placement by--
``(A) designing and testing new models of care
coordination and service delivery that thoughtfully and
effectively deploy advanced aides to improve efficiency
and quality of care for frail older individuals; and
``(B) giving direct-care workers opportunities for
career advancement through additional training, an
expanded role, and increased compensation.
``(2) Direct-care worker.--In this section, the term
`direct-care worker' has the meaning given that term in the
2010 Standard Occupational Classifications of the Department of
Labor for Home Health Aides [31-1011], Psychiatric Aides [31-
1013], Nursing Assistants [31-1014], and Personal Care Aides
[39-9021].
``(b) Demonstration Projects.--The demonstration program shall be
composed of 6 demonstration projects, as follows:
``(1) Two demonstration projects shall focus on using the
abilities of direct-care workers to promote smooth transitions
in care and help to prevent unnecessary hospital readmissions.
Under these projects, direct-care workers shall be incorporated
as essential members of interdisciplinary care coordination
teams.
``(2) Two demonstration projects shall focus on maintaining
the health and improving the health status of those with
multiple chronic conditions and long-term care needs. Under
these projects, direct-care workers shall assist in monitoring
health status, ensuring compliance with prescribed care, and
educating and coaching the older individual involved and any
family caregivers.
``(3) Two demonstration projects shall focus on training
direct-care workers to take on deeper clinical responsibilities
related to specific diseases, including Alzheimer's and
dementia, congestive heart failure, and diabetes.
``(c) Eligible Entity.--In this section, the term `eligible entity'
means a consortium that consists of--
``(1) at least 1--
``(A) long-term care and rehabilitation facility;
or
``(B) home personal care service provider; and
``(2) at least 1--
``(A) hospital or health system;
``(B) labor organization or labor-management
partnership;
``(C) community-based aging service provider;
``(D) patient-centered medical home;
``(E) federally qualified health center;
``(F) managed care entity, including a managed
health and long-term care program;
``(G) entity that provides health services
training;
``(H) State-based public entity engaged in building
new roles and related curricula for direct-care
workers; or
``(I) any other entity that the Assistant Secretary
deems eligible based on integrated care criteria.
``(d) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Assistant Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, which shall include--
``(1) a description of the care coordination and service
delivery models of the entity, detailed on a general,
organizational, and staff level;
``(2) a description of how the demonstration project
carried out by the entity will improve care quality, including
specific objectives and anticipated outcomes that will be used
to measure success; and
``(3) a description of how the coordinated care team
approach with an enhanced role for the direct-care worker under
the demonstration project will increase efficiency and cost
effectiveness compared to past practice.
``(e) Planning Awards Under Demonstration Program.--
``(1) In general.--Each eligible entity that receives a
grant under this section shall receive a grant for planning
activities related to the demonstration project to be carried
out by the entity, including--
``(A) designing the implementation of the project;
``(B) identifying competencies and developing
curricula for the training of participating direct-care
workers;
``(C) developing training materials and processes
for other members of the interdisciplinary care team;
``(D) articulating a plan for identifying and
tracking cost savings gained from implementation of the
project and for achieving long-term financial
sustainability; and
``(E) articulating a plan for evaluating the
project.
``(2) Amount and term.--
``(A) Total amount.--The amount awarded under
paragraph (1) for all grants shall not exceed $600,000.
``(B) Term.--Activities carried out under a grant
awarded under paragraph (1) shall be completed not
later than 1 year after the grant is awarded.
``(f) Implementation Awards Under Demonstration Program.--
``(1) In general.--Each eligible entity may receive a grant
for implementation activities related to the demonstration
project to be carried out by the entity, if the Assistant
Secretary determines the entity--
``(A) has successfully carried out the activities
under the grant awarded under subsection (e);
``(B) offers a feasible plan for long-term
financial sustainability;
``(C) has constructed a meaningful model of
advancement for direct-care workers; and
``(D) aims to provide training to a sizeable number
of direct-care workers and to serve a sizeable number
of older individuals.
``(2) Use of funds.--The implementation activities
described under paragraph (1) shall include--
``(A) training of all care team members in
accordance with the design of the demonstration
project; and
``(B) evaluating the competency of all staff based
on project design.
``(3) Evaluation and report.--
``(A) Evaluation.--Each recipient of a grant under
paragraph (1), in consultation with an independent
evaluation contractor, shall evaluate--
``(i) the impact of training and deployment
of direct-care workers in advanced roles, as
described in this section, within each
participating entity on outcomes, such as
direct-care worker job satisfaction and
turnover, beneficiary and family caregiver
satisfaction with services, rate of
hospitalization of beneficiaries, and
additional measures determined by the
Secretary;
``(ii) the impact of such training and
deployment on the long-term services and
supports delivery system and resources;
``(iii) statement of the potential of the
use of direct-care workers in advanced roles to
lower cost and improve quality of care in the
Medicaid program; and
``(iv) long-term financial sustainability
of the model used under the grant and the
impact of such model on quality of care.
``(B) Reports.--Not later than 180 days after
completion of the demonstration program under this
section, each recipient of a grant under paragraph (1)
shall submit to the Secretary a report on the
implementation of activities conducted under the
demonstration project, including--
``(i) the outcomes, performance benchmarks,
lessons learned from the project;
``(ii) a statement of cost savings gained
from implementation of the project and how the
cost savings have been reinvested to improve
direct-care job quality and quality of care;
and
``(iii) results of the evaluation conducted
under subparagraph (A) with respect to such
activities, together with such recommendations
for legislation or administrative action for
expansion of the demonstration program on a
broader scale as the Secretary determines
appropriate.
``(4) Amount and term.--
``(A) Total amount.--The amount awarded under
paragraph (1) for all grants shall not exceed
$2,900,000.
``(B) Term.--Activities carried out under a grant
awarded under paragraph (1) shall be completed not
later than 3 years after the grant is awarded.''. | Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2014 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Aging to carry out a program awarding grants to eligible entities to carry out six separate demonstration projects that focus on care coordination and service delivery for older individuals with chronic illness or at risk of institutional placement by: (1) designing and testing new models of care coordination and service delivery that thoughtfully and effectively deploy advanced aides to improve efficiency and quality of care for frail older individuals; and (2) giving direct-care workers opportunities for career advancement through additional training, an expanded role, and increased compensation. | {"src": "billsum_train", "title": "Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2014"} | 2,361 | 139 | 0.418241 | 1.220607 | 0.661201 | 5.822581 | 18.766129 | 0.967742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Volcano Early Warning and
Monitoring System Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(2) System.--The term ``System'' means the National Volcano
Early Warning and Monitoring System established under section
3(a)(1).
SEC. 3. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM.
(a) Establishment.--
(1) In general.--The Secretary shall establish within the
United States Geological Survey a system, to be known as the
``National Volcano Early Warning and Monitoring System'', to
monitor, warn, and protect citizens of the United States from
undue and avoidable harm from volcanic activity.
(2) Purposes.--The purposes of the System are--
(A) to organize, modernize, standardize, and
stabilize the monitoring systems of the volcano
observatories in the United States, which includes the
Alaska Volcano Observatory, California Volcano
Observatory, Cascades Volcano Observatory, Hawaiian
Volcano Observatory, and Yellowstone Volcano
Observatory; and
(B) to unify the monitoring systems of volcano
observatories in the United States into a single
interoperative system.
(3) Objective.--The objective of the System is to monitor
all the volcanoes in the United States at a level commensurate
with the threat posed by the volcanoes by--
(A) upgrading existing networks on monitored
volcanoes;
(B) installing new networks on unmonitored
volcanoes; and
(C) employing geodetic and other components when
applicable.
(b) System Components.--
(1) In general.--The System shall include--
(A) a national volcano watch office that is
operational 24 hours a day and 7 days a week;
(B) a national volcano data center; and
(C) an external grants program to support research
in volcano monitoring science and technology.
(2) Modernization activities.--Modernization activities
under the System shall include the comprehensive application of
emerging technologies, including digital broadband
seismometers, real-time continuous Global Positioning System
receivers, satellite and airborne radar interferometry,
acoustic pressure sensors, and spectrometry to measure gas
emissions.
(c) Management.--
(1) Management plan.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
submit to Congress a 5-year management plan for
establishing and operating the System.
(B) Inclusions.--The management plan submitted
under subparagraph (A) shall include--
(i) annual cost estimates for modernization
activities and operation of the System;
(ii) annual milestones, standards, and
performance goals; and
(iii) recommendations for, and progress
towards, establishing new, or enhancing
existing, partnerships to leverage resources.
(2) Advisory committee.--The Secretary shall establish an
advisory committee to assist the Secretary in implementing the
System, to be comprised of representatives of relevant agencies
and members of the scientific community, to be appointed by the
Secretary.
(3) Partnerships.--The Secretary may enter into cooperative
agreements with institutions of higher education and State
agencies designating the institutions of higher education and
State agencies as volcano observatory partners for the System.
(4) Coordination.--The Secretary shall coordinate the
activities under this Act with the heads of relevant Federal
agencies, including--
(A) the Secretary of Transportation;
(B) the Administrator of the Federal Aviation
Administration;
(C) the Administrator of the National Oceanic and
Atmospheric Administration; and
(D) the Director of the Federal Emergency
Management Administration.
(d) Annual Report.--Annually, the Secretary shall submit to
Congress a report that describes the activities carried out under this
Act.
SEC. 4. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $55,000,000 for the period of fiscal
years 2019 through 2023.
(b) Effect on Other Sources of Federal Funding.--Amounts made
available under this section shall supplement, and not supplant,
Federal funds made available for other United States Geological Survey
hazards activities and programs.
Passed the Senate May 17, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 346
_______________________________________________________________________
AN ACT
To provide for the establishment of the National Volcano Early Warning
and Monitoring System. | National Volcano Early Warning and Monitoring System Act (Sec. 3) This bill directs the United States Geological Survey (USGS) to establish the National Volcano Early Warning and Monitoring System to monitor, issue warnings of, and protect U.S. citizens from undue and avoidable harm from, volcanic activity. The purposes of the system are to: (1) organize, modernize, standardize, and stabilize the monitoring systems of U.S. volcano observatories; and (2) unify such systems into a single interoperative system. The objective of the system is to monitor all U.S. volcanoes at a level commensurate with the threat posed by the volcanoes by: (1) upgrading existing networks on monitored volcanoes, (2) installing new networks on unmonitored volcanoes, and (3) employing geodetic and other components when applicable. The system shall include: (1) a national volcano watch office that is operational 24 hours a day and 7 days a week, (2) a national volcano data center, (3) an external grants program to support research in volcano monitoring science and technology, and (4) modernization activities including the comprehensive application of emerging technologies. The USGS must: (1) submit to Congress a five-year management plan for establishing and operating the system, (2) establish an advisory committee to assist in implementing the system, and (3) report to Congress annually describing the activities carried out under this bill. The USGS may enter into cooperative agreements designating institutions of higher education and state agencies as volcano observatory partners for the system. (Sec. 4) The bill authorizes appropriations for FY2019-FY2023. | {"src": "billsum_train", "title": "National Volcano Early Warning and Monitoring System Act"} | 1,043 | 355 | 0.755173 | 2.412722 | 0.81933 | 3.928803 | 3.12945 | 0.925566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hate Crimes Prevention Act of
2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the incidence of violence motivated by the actual or
perceived race, color, national origin, religion, sexual
orientation, gender, or disability of the victim poses a
serious national problem;
(2) such violence disrupts the tranquility and safety of
communities and is deeply divisive;
(3) existing Federal law is inadequate to address this
problem;
(4) such violence affects interstate commerce in many ways,
including--
(A) by impeding the movement of members of targeted
groups and forcing such members to move across State
lines to escape the incidence or risk of such violence;
and
(B) by preventing members of targeted groups from
purchasing goods and services, obtaining or sustaining
employment or participating in other commercial
activity;
(5) perpetrators cross State lines to commit such violence;
(6) instrumentalities of interstate commerce are used to
facilitate the commission of such violence;
(7) such violence is committed using articles that have
traveled in interstate commerce;
(8) violence motivated by bias that is a relic of slavery
can constitute badges and incidents of slavery;
(9) although many local jurisdictions have attempted to
respond to the challenges posed by such violence, the problem
is sufficiently serious, widespread, and interstate in scope to
warrant Federal intervention to assist such jurisdictions; and
(10) many States have no laws addressing violence based on
the actual or perceived race, color, national origin, religion,
sexual orientation, gender, or disability, of the victim, while
other States have laws that provide only limited protection.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act, the term ``hate crime'' has the same meaning as in
section 280003(a) of the Violent Crime Control and Law Enforcement Act
of 1994 (28 U.S.C. 994 note).
SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.
Section 245 of title 18, United States Code, 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)(1) Whoever, whether or not acting under color of law,
willfully causes bodily injury to any person or, through the use of
fire, a firearm, or an explosive device, attempts to cause bodily
injury to any person, because of the actual or perceived race, color,
religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years, or fined
in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or for
life, or fined in accordance with this title, or both if--
``(i) death results from the acts committed in
violation of this paragraph; or
``(ii) the acts committed in violation of this
paragraph include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(2)(A) Whoever, whether or not acting under color of law, in any
circumstance described in subparagraph (B), willfully causes bodily
injury to any person or, through the use of fire, a firearm, or an
explosive device, attempts to cause bodily injury to any person,
because of the actual or perceived religion, gender, sexual
orientation, or disability of any person--
``(i) shall be imprisoned not more than 10 years, or fined
in accordance with this title, or both; and
``(ii) shall be imprisoned for any term of years or for
life, or fined in accordance with this title, or both, if--
``(I) death results from the acts committed in
violation of this paragraph; or
``(II) the acts committed in violation of this
paragraph include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(B) For purposes of subparagraph (A), the circumstances described
in this subparagraph are that--
``(i) in connection with the offense, the defendant or the
victim travels in interstate or foreign commerce, uses a
facility or instrumentality of interstate or foreign commerce,
or engages in any activity affecting interstate or foreign
commerce; or
``(ii) the offense is in or affects interstate or foreign
commerce.''.
SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) Amendment of Federal Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code, the United
States Sentencing Commission shall study the issue of adult recruitment
of juveniles to commit hate crimes and shall, if appropriate, amend the
Federal sentencing guidelines to provide sentencing enhancements (in
addition to the sentencing enhancement provided for the use of a minor
during the commission of an offense) for adult defendants who recruit
juveniles to assist in the commission of hate crimes.
(b) Consistency With Other Guidelines.--In carrying out this
section, the United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other
Federal sentencing guidelines; and
(2) avoid duplicative punishments for substantially the
same offense.
SEC. 6. GRANT PROGRAM.
(a) Authority To Make Grants.--The Administrator of the Office of
Juvenile Justice and Delinquency Prevention of the Department of
Justice shall make grants, in accordance with such regulations as the
Attorney General may prescribe, to State and local programs designed to
combat hate crimes committed by juveniles.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 1998, 1999, and 2000 such sums as
are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 245 of title 18, United States
Code (as amended by this Act). | Hate Crimes Prevention Act of 2001 - Amends the Federal criminal code to set penalties for willfully causing bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempting to cause such injury, whether or not acting under color of law, because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of any person, where the offense is in or affects interstate or foreign commerce.Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, to amend the Federal sentencing guidelines to provide sentencing enhancements for such an offense.Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles.Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting. | {"src": "billsum_train", "title": "To enhance Federal enforcement of hate crimes, and for other purposes."} | 1,438 | 247 | 0.501904 | 1.46206 | 0.709481 | 5.572816 | 6.38835 | 0.893204 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cabin Fee Act of
2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Cabin user fees.
Sec. 4. Cabin transfer fees.
Sec. 5. Allocation of cabin user fee and cabin transfer fee revenue.
Sec. 6. Right of appeal and judicial review.
Sec. 7. Consistency with other law and rights.
Sec. 8. Regulations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Authorization.--The terms ``authorized'' and
``authorization'' refer to the issuance of a special use permit
for the use and occupancy of National Forest System land
derived from the public domain by a cabin owner under the
Recreation Residence Program.
(2) Cabin.--The term ``cabin'' means a privately built and
owned recreation residence and related improvements on National
Forest System land derived from the public domain that is
authorized for private use and occupancy and may be sold or
transferred between private parties.
(3) Cabin owner.--The term ``cabin owner'' means--
(A) a person authorized by the Secretary to use and
to occupy a cabin on National Forest System land
derived from the public domain; and
(B) a trust or an heir or assigns of such a person.
(4) Cabin transfer fee.--The term ``cabin transfer fee''
means a fee paid to the United States upon the transfer of a
cabin between private parties for money or other consideration
that also includes issuance of a new permit.
(5) Cabin user fee.--The term ``cabin user fee'' means an
annual fee paid to the United States by a cabin owner pursuant
to an authorization for the use and occupancy of a cabin on
National Forest System land derived from the public domain.
(6) Current cabin user fee.--The term ``current cabin user
fee'' means the most recent cabin user fee, which results from
an annual adjustment to the prior cabin user fee under section
3(d).
(7) Lot.--The term ``lot'' means a parcel of National
Forest System land derived from the public domain on which a
person is authorized to build, use, occupy, and maintain a
cabin.
(8) National forest system land.--The term ``National
Forest System land'' is limited to National Forest System land
derived from the public domain.
(9) Recreation residence program.--The term ``Recreation
Residence Program'' means the Recreation Residence Program
established pursuant to the last paragraph under the heading
``FOREST SERVICE'' in the Act of March 4, 1915 (38 Stat. 1101,
chapter 144; 16 U.S.C. 497).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(11) Typical lot.--The term ``typical lot'' means a cabin
lot, or group of cabin lots, in a tract that is selected for
use in an appraisal as being representative of, and that has
similar value characteristics as, other lots or groups of lots
within the tract.
SEC. 3. CABIN USER FEES.
(a) Payment of Cabin User Fees.--
(1) Annual payment.--A cabin user fee shall be paid
annually by the cabin owner.
(2) Installments.--Payment of the cabin user fee for a year
may be made in two installments.
(b) Initial Cabin User Fees.--
(1) Establishment.--The Secretary shall establish initial
cabin user fees in the manner required by this subsection.
(2) Assignment to value tiers.--Upon completion of the
current appraisal cycle, as required by paragraph (4), the
Secretary shall assign each permitted lot on National Forest
System land to one of five tiers based on the following:
(A) All appraised lot values shall be adjusted, or
normalized, for price changes from its date of value
according to the national NAHB/Wells Fargo Housing
Opportunity Index prior to tier assignment.
(B) The tiers shall be established according to
relative lot value, using all fully completed appraisal
data with lots having the lowest adjusted appraised
value assigned to Tier 1 and lots having the highest
adjusted appraised value assigned to Tier 5.
(C) The number of lots (by percentage) assigned to
each tier is specified in the table contained in
paragraph (3).
(D) Data from incomplete appraisals may not be used
to establish the fee tiers.
(E) Until assigned to a tier, permitted cabin lots,
including lots with incomplete appraisals, are assigned
an interim fee of $4000 or their current annual fee,
indexed in accordance with subsection (d), whichever is
less.
(3) Table of initial cabin user fees.--The initial cabin
user fees, based on the assignments made by the Secretary under
paragraph (2) are as follows:
------------------------------------------------------------------------
Approximate Percent of
Fee Tier Permits Nationally Fee Amount
------------------------------------------------------------------------
Tier 1 10% $500
------------------------------------------------------------------------
Tier 2 35% $1,000
------------------------------------------------------------------------
Tier 3 40% $2,000
------------------------------------------------------------------------
Tier 4 10% $3,000
------------------------------------------------------------------------
Tier 5 5% $4,000.
------------------------------------------------------------------------
(4) Deadline for completion of current appraisal cycle.--
The Secretary shall complete the current appraisal cycle within
three years after the date of the enactment of this Act.
(5) Effective date.--The initial cabin user fees required
by this subsection shall take effect beginning with the first
calendar year beginning after the completion of the current
appraisal cycle.
(c) Overpayments or Underpayments.--If, upon assignment to a tier
under subsection (b), the Secretary determines that the fee charged to
a cabin owner during the preceding three years resulted in an
overpayment or underpayment totaling more than $500, the fee for the
next three years shall be adjusted, if such a fee adjustment is
requested by the Secretary or by the affected cabin owner, as necessary
to correct the overpayment or underpayment.
(d) Annual Adjustments of Cabin User Fee.--The Secretary shall use
changes in the Implicit Price Deflator for the Gross Domestic Product
published by the Bureau of Economic Analysis of the Department of
Commerce, applied on a five-year rolling average, to determine and
apply an annual adjustment to cabin user fees.
(e) Effect of Destruction, Substantial Damage, or Loss of Access.--
If a cabin is destroyed or suffers substantial damage amounting to
greater than 50 percent of replacement cost, or if access to a cabin is
significantly impaired, whether by catastrophic events, natural causes
or governmental actions, such that the cabin is rendered unsafe or
unable to be occupied as a result, the Secretary shall reduce the cabin
user fee for the affected lot to $100 per year. This fee shall be in
effect for the remainder of the year in which the destruction occurs
and until such time as the cabin may be lawfully reoccupied and normal
access has been restored.
SEC. 4. CABIN TRANSFER FEES.
(a) Payment of Cabin Transfer Fees.--In conjunction with the
transfer of ownership of any cabin and the issuance of a new permit,
the transferor shall file with the Secretary a sworn statement
declaring the amount of money or other value received, if any, for the
transfer of the cabin. As a condition of the issuance by the Secretary
of a new authorization for the use and occupancy of the cabin, the
transferor shall pay, or cause to be paid, to the Secretary a cabin
transfer fee in an amount determined as follows:
----------------------------------------------------------------------------------------------------------------
Consideration Received by Transfer Transfer Fee Amount
----------------------------------------------------------------------------------------------------------------
$0 to $250,000 $1,000
----------------------------------------------------------------------------------------------------------------
$250,000.01 to $500,000.00 $1,000 plus 5% of consideration in excess of $250,000
up to $500,000
----------------------------------------------------------------------------------------------------------------
$500,000.01 and above $1,000 plus 5% of consideration in excess of $250,000
up to $500,000 plus 10% of consideration in excess of
$500,000.
----------------------------------------------------------------------------------------------------------------
(b) Index.--The Secretary shall use changes in the Implicit Price
Deflator for the Gross Domestic Product published by the Bureau of
Economic Analysis of the Department of Commerce, applied on a five-year
rolling average, to determine and apply an annual adjustment to the
cabin transfer fee threshold amounts ($250,000.01 and $500,000.01) set
forth in the table contained in subsection (a).
SEC. 5. ALLOCATION OF CABIN USER FEE AND CABIN TRANSFER FEE REVENUE.
(a) Retained Fees to Cover Costs.--Subject to subsection (b), the
Secretary shall retain the amount of revenue from cabin user fees and
cabin transfer fees necessary to fully cover the costs incurred by the
Forest Service to administer the Recreation Residence Program. Revenue
collected in excess of that amount shall be deposited in the Treasury.
(b) Limitation.--The total retained by the Secretary under
subsection (a) for a fiscal year may not exceed $500 per cabin. The
Secretary shall use changes in the Implicit Price Deflator for the
Gross Domestic Product published by the Bureau of Economic Analysis of
the Department of Commerce, applied on a five-year rolling average, to
determine and apply an annual adjustment to this limitation. Revenue
collected from cabin user fees and cabin transfer fees in excess of
this limitation shall be deposited in the Treasury.
SEC. 6. RIGHT OF APPEAL AND JUDICIAL REVIEW.
(a) Right of Appeal.--Notwithstanding any action of a cabin owner
to exercise rights in accordance with section 7, the Secretary shall by
regulation grant the cabin owner the right to an administrative appeal
of the determination of a new cabin user fee, fee tier, transfer fee,
or whether or not to reduce a cabin user fee under section 3(e). Such
appeal shall be pursuant to the appeal process provided under subpart C
(Appeal of Decisions Relating to Occupancy and Use of National Forest
System Lands) of part 251 of title 36, Code of Federal Regulations
(section 251.80 et seq.).
(b) Judicial Review.--A cabin owner that contests a final decision
of the Secretary under this Act may bring a civil action in United
States district court. The venue for actions brought before the United
States District Court shall be in the United States Judicial District
where the cabin is located or the permit holder resides. Nothing in
this Act precludes the parties from seeking mediation.
SEC. 7. CONSISTENCY WITH OTHER LAW AND RIGHTS.
(a) Consistency With Rights of the United States.--Nothing in this
Act limits or restricts any right, title, or interest of the United
States in or to any land or resource.
(b) Special Rule for Alaska.--In determining a cabin user fee in
the State of Alaska, the Secretary shall not establish or impose a
cabin user fee or a condition affecting a cabin user fee that is
inconsistent with 1303(d) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3193(d)).
SEC. 8. REGULATIONS.
The Secretary shall promulgate regulations to carry out this Act
not later than the December 31, 2012. | Cabin Fee Act of 2010 - (Sec. 3) Requires the payment of an annual "cabin user fee" by a "cabin owner." Defines: (1) "cabin user fee" as the annual fee paid to the United States by a cabin owner pursuant to an authorization for the use and occupancy of a cabin on National Forest System land derived from the public domain; (2) "cabin owner" as a person authorized to use and occupy a cabin on National Forest System land derived from the public domain or a trust, or an heir or assigns of such a person; and (3) "cabin" as a privately built and owned recreation residence and related improvements on National Forest System land derived from the public domain that is authorized for private use and occupancy and may be sold or transferred between private parties.
Directs the Secretary of Agriculture (USDA) to set initial fees in a prescribed manner.
Directs the Secretary, upon the completion of the current appraisal cycle, to assign each permitted lot on National Forest System land to one of five value tiers.
Requires each appraised lot value to be adjusted or normalized for price changes from its date of value as specified before being assigned to a tier.
Assigns permitted cabin lots an interim fee of $4,000 or their current annual fee, whichever is less, until they are assigned to a tier.
Requires the current appraisal cycle to be completed within three years of enactment of this Act. Makes the initial cabin user fees required under this Act effective after the completion of such cycle.
Requires, if it is determined upon assignment to a tier, that the fee charged to a cabin owner during the preceding three years resulted in an overpayment or underpayment that totals more than $500, the fee for the following three years to be adjusted upon request, as necessary to correct the overpayment or underpayment.
Provides for annual adjustments to the cabin user fees.
Requires a reduction in the cabin use fee to $100 per year if access to a cabin is significantly impaired, whether by catastrophic events, natural causes or governmental actions, such that the cabin is rendered unsafe or unable to be occupied. Makes such a fee effective for the remainder of the year in which the destruction occurred and until such time as the cabin may be reoccupied and normal access to it has been restored.
(Sec. 4) Requires payment of a "cabin transfer fee" to the United States upon the transfer of a cabin between private parties for money or other consideration.
(Sec. 5) Requires the Secretary to retain revenues from cabin user fees and cabin transfer fees necessary to cover costs incurred by the Forest Service in administering the Recreation Residence Program.
Limits the total amount of such revenues that may be retained in a fiscal year to $500 for each cabin.
(Sec. 6) Grants cabin owners the right to an administrative appeal of a determination with regard to a new cabin user fee, fee tier, transfer fee, or whether on not to reduce a fee for a cabin that is significantly impaired.
Provides for judicial review of final decisions of the Secretary made under this Act.
(Sec. 7) Prohibits anything in this Act from limiting or restricting any right, title, or interest of the United States to any lands or resources.
Bars the Secretary from establishing or imposing a cabin user fee or a condition that affects a cabin user fee in Alaska which is inconsistent with the provision under the Alaska National Interest Lands Conservation Act (ANILCA) concerning the effect of such Act on the renewal or continuation of existing valid cabin leases or permits on federal lands.
(Sec. 8) Requires the Secretary to promulgate regulations by December 31, 2012, to carry out this Act. | {"src": "billsum_train", "title": "To revise the Forest Service Recreation Residence Program as it applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes."} | 2,819 | 845 | 0.709858 | 2.410002 | 0.638257 | 4.489768 | 3.124147 | 0.918145 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institute of Biomedical
Imaging and Bioengineering Establishment Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Basic research in imaging, bioengineering, computer
science, informatics, and related fields is critical to improving
health care but is fundamentally different from the research in
molecular biology on which the current national research institutes
at the National Institutes of Health (``NIH'') are based. To ensure
the development of new techniques and technologies for the 21st
century, these disciplines therefore require an identity and
research home at the NIH that is independent of the existing
institute structure.
(2) Advances based on medical research promise new, more
effective treatments for a wide variety of diseases, but the
development of new, noninvasive imaging techniques for earlier
detection and diagnosis of disease is essential to take full
advantage of such new treatments and to promote the general
improvement of health care.
(3) The development of advanced genetic and molecular imaging
techniques is necessary to continue the current rapid pace of
discovery in molecular biology.
(4) Advances in telemedicine, and teleradiology in particular,
are increasingly important in the delivery of high quality,
reliable medical care to rural citizens and other underserved
populations. To fulfill the promise of telemedicine and related
technologies fully, a structure is needed at the NIH to support
basic research focused on the acquisition, transmission,
processing, and optimal display of images.
(5) A number of Federal departments and agencies support
imaging and engineering research with potential medical
applications, but a central coordinating body, preferably housed at
the NIH, is needed to coordinate these disparate efforts and
facilitate the transfer of technologies with medical applications.
(6) Several breakthrough imaging technologies, including
magnetic resonance imaging (``MRI'') and computed tomography
(``CT''), have been developed primarily abroad, in large part
because of the absence of a home at the NIH for basic research in
imaging and related fields. The establishment of a central focus
for imaging and bioengineering research at the NIH would promote
both scientific advance and United States economic development.
(7) At a time when a consensus exists to add significant
resources to the NIH in coming years, it is appropriate to
modernize the structure of the NIH to ensure that research dollars
are expended more effectively and efficiently and that the fields
of medical science that have contributed the most to the detection,
diagnosis, and treatment of disease in recent years receive
appropriate emphasis.
(8) The establishment of a National Institute of Biomedical
Imaging and Bioengineering at the NIH would accelerate the
development of new technologies with clinical and research
applications, improve coordination and efficiency at the NIH and
throughout the Federal Government, reduce duplication and waste,
lay the foundation for a new medical information age, promote
economic development, and provide a structure to train the young
researchers who will make the pathbreaking discoveries of the next
century.
SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND
BIOENGINEERING.
(a) In General.--Part C of title IV of the Public Health Service
Act (42 U.S.C. 285 et seq.) is amended by adding at the end the
following subpart:
``Subpart 18--National Institute of Biomedical Imaging and
Bioengineering
``purpose of the institute
``Sec. 464z. (a) The general purpose of the National Institute of
Biomedical Imaging and Bioengineering (in this section referred to as
the `Institute') is the conduct and support of research, training, the
dissemination of health information, and other programs with respect to
biomedical imaging, biomedical engineering, and associated technologies
and modalities with biomedical applications (in this section referred
to as `biomedical imaging and bioengineering').
``(b)(1) The Director of the Institute, with the advice of the
Institute's advisory council, shall establish a National Biomedical
Imaging and Bioengineering Program (in this section referred to as the
`Program').
``(2) Activities under the Program shall include the following with
respect to biomedical imaging and bioengineering:
``(A) Research into the development of new techniques and
devices.
``(B) Related research in physics, engineering, mathematics,
computer science, and other disciplines.
``(C) Technology assessments and outcomes studies to evaluate
the effectiveness of biologics, materials, processes, devices,
procedures, and informatics.
``(D) Research in screening for diseases and disorders.
``(E) The advancement of existing imaging and bioengineering
modalities, including imaging, biomaterials, and informatics.
``(F) The development of target-specific agents to enhance
images and to identify and delineate disease.
``(G) The development of advanced engineering and imaging
technologies and techniques for research from the molecular and
genetic to the whole organ and body levels.
``(H) The development of new techniques and devices for more
effective interventional procedures (such as image-guided
interventions).
``(3)(A) With respect to the Program, the Director of the Institute
shall prepare and transmit to the Secretary and the Director of NIH a
plan to initiate, expand, intensify, and coordinate activities of the
Institute with respect to biomedical imaging and bioengineering. The
plan shall include such comments and recommendations as the Director of
the Institute determines appropriate. The Director of the Institute
shall periodically review and revise the plan and shall transmit any
revisions of the plan to the Secretary and the Director of NIH.
``(B) The plan under subparagraph (A) shall include the
recommendations of the Director of the Institute with respect to the
following:
``(i) Where appropriate, the consolidation of programs of the
National Institutes of Health for the express purpose of enhancing
support of activities regarding basic biomedical imaging and
bioengineering research.
``(ii) The coordination of the activities of the Institute with
related activities of the other agencies of the National Institutes
of Health and with related activities of other Federal agencies.
``(c) The establishment under section 406 of an advisory council
for the Institute is subject to the following:
``(1) The number of members appointed by the Secretary shall be
12.
``(2) Of such members--
``(A) six members shall be scientists, engineers,
physicians, and other health professionals who represent
disciplines in biomedical imaging and bioengineering and who
are not officers or employees of the United States; and
``(B) six members shall be scientists, engineers,
physicians, and other health professionals who represent other
disciplines and are knowledgeable about the applications of
biomedical imaging and bioengineering in medicine, and who are
not officers or employees of the United States.
``(3) In addition to the ex officio members specified in
section 406(b)(2), the ex officio members of the advisory council
shall include the Director of the Centers for Disease Control and
Prevention, the Director of the National Science Foundation, and
the Director of the National Institute of Standards and Technology
(or the designees of such officers).
``(d)(1) Subject to paragraph (2), for the purpose of carrying out
this section:
``(A) For fiscal year 2001, there is authorized to be
appropriated an amount equal to the amount obligated by the
National Institutes of Health during fiscal year 2000 for
biomedical imaging and bioengineering, except that such amount
shall be adjusted to offset any inflation occurring after October
1, 1999.
``(B) For each of the fiscal years 2002 and 2003, there is
authorized to be appropriated an amount equal to the amount
appropriated under subparagraph (A) for fiscal year 2001, except
that such amount shall be adjusted for the fiscal year involved to
offset any inflation occurring after October 1, 2000.
``(2) The authorization of appropriations for a fiscal year under
paragraph (1) is hereby reduced by the amount of any appropriation made
for such year for the conduct or support by any other national research
institute of any program with respect to biomedical imaging and
bioengineering.''.
(b) Use of Existing Resources.--In providing for the establishment
of the National Institute of Biomedical Imaging and Bioengineering
pursuant to the amendment made by subsection (a), the Director of the
National Institutes of Health (referred to in this subsection as
``NIH'')--
(1) may transfer to the National Institute of Biomedical
Imaging and Bioengineering such personnel of NIH as the Director
determines to be appropriate;
(2) may, for quarters for such Institute, utilize such
facilities of NIH as the Director determines to be appropriate; and
(3) may obtain administrative support for the Institute from
the other agencies of NIH, including the other national research
institutes.
(c) Construction of Facilities.--None of the provisions of this Act
or the amendments made by the Act may be construed as authorizing the
construction of facilities, or the acquisition of land, for purposes of
the establishment or operation of the National Institute of Biomedical
Imaging and Bioengineering.
(d) Date Certain for Establishment of Advisory Council.--Not later
than 90 days after the effective date of this Act under section 4, the
Secretary of Health and Human Services shall complete the establishment
of an advisory council for the National Institute of Biomedical Imaging
and Bioengineering in accordance with section 406 of the Public Health
Service Act and in accordance with section 464z of such Act (as added
by subsection (a) of this section).
(e) Conforming Amendment.--Section 401(b)(1) of the Public Health
Service Act (42 U.S.C. 281(b)(1)) is amended by adding at the end the
following subparagraph:
``(R) The National Institute of Biomedical Imaging and
Bioengineering.''.
SEC. 4. EFFECTIVE DATE.
This Act takes effect October 1, 2000, or upon the date of the
enactment of this Act, whichever occurs later.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes: (1) appropriations for the Institute for FY 2001 through 2003; and (2) the transfer of appropriate NIH personnel and research facilities for Institute activities. | {"src": "billsum_train", "title": "National Institute of Biomedical Imaging and Bioengineering Establishment Act"} | 2,240 | 35 | 0.487127 | 1.308483 | 0.349628 | 1.78125 | 65.34375 | 0.90625 |
SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF A MOTOR
VEHICLE OR AIRCRAFT.
(a) Definitions.--In this section:
(1) Aircraft.--The term ``aircraft'' has the meaning
provided that term in section 40102(6) of title 49, United
States Code.
(2) Business entity.--the term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Motor vehicle.--The term ``motor vehicle'' has the
meaning provided that term in section 30102(6) of title 49,
United States Code.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring as a result of the operation of
aircraft or a motor vehicle of a business entity loaned to a
nonprofit organization for use outside of the scope of business
of the business entity if--
(A) such injury or death occurs during a period
that such motor vehicle or aircraft is used by a
nonprofit organization; and
(B) the business entity authorized the use by the
nonprofit organization of motor vehicle or aircraft
that resulted in the injury or death.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of the aircraft or motor vehicle.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which the conditions described in
subparagraphs (A) and (B) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a volunteer,
nonprofit organization, or governmental entity in which all parties are
citizens of the State if such State enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision. | Shields a business entity from civil liability relating to any injury or death occurring as a result of the operation of an aircraft or a motor vehicle of a business entity loaned to a nonprofit organization for use outside the scope of business of the business entity if: (1) such injury or death occurs during a period that such vehicle or aircraft is used by such organization; and (2) the business entity authorized the use by the organization of the vehicle or aircraft that resulted in the injury or death.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court, or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a volunteer, nonprofit organization, or governmental entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act not apply to such action in the State. | {"src": "billsum_train", "title": "A bill to limit the civil liability of business entities that make available to a nonprofit organization the use of a motor vehicle or aircraft."} | 1,040 | 356 | 0.515893 | 1.595144 | 0.807668 | 6.451613 | 3.087097 | 0.967742 |
SECTION 1. BONUS DEPRECIATION FOR CERTAIN PROPERTY ACQUIRED DURING
2008.
(a) In General.--Subsection (k) of section 168 of the Internal
Revenue Code of 1986 (relating to special allowance for certain
property acquired after September 10, 2001, and before January 1, 2005)
is amended--
(1) by striking ``September 10, 2001'' each place it
appears and inserting ``December 31, 2007'',
(2) by striking ``September 11, 2001'' each place it
appears and inserting ``January 1, 2008'',
(3) by striking ``January 1, 2005'' each place it appears
and inserting ``January 1, 2009'', and
(4) by striking ``January 1, 2006'' each place it appears
and inserting ``January 1, 2010''.
(b) 50 Percent Allowance.--Subparagraph (A) of section 168(k)(1) of
such Code is amended by striking ``30 percent'' and inserting ``50
percent''.
(c) Conforming Amendments.--
(1) Subclause (I) of section 168(k)(2)(B)(i) of such Code
is amended by striking ``and (iii)'' and inserting ``(iii), and
(iv)''.
(2) Subclause (IV) of section 168(k)(2)(B)(i) of such Code
is amended by striking ``clauses (ii) and (iii)'' and inserting
``clause (iii)''.
(3) Clause (i) of section 168(k)(2)(C) of such Code is
amended by striking ``and (iii)'' and inserting ``, (iii), and
(iv)''.
(4) Clause (i) of section 168(k)(2)(F) of such Code is
amended by striking ``$4,600'' and inserting ``$8,000''.
(5)(A) Subsection (k) of section 168 of such Code is
amended by striking paragraph (4).
(B) Clause (iii) of section 168(k)(2)(D) of such Code is
amended by striking the last sentence.
(6) Paragraph (4) of section 168(l) of such Code is amended
by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D) and inserting before
subparagraph (B) (as so redesignated) the following new
subparagraph:
``(A) Bonus depreciation property under subsection
(k).--Such term shall not include any property to which
section 168(k) applies.''.
(7) Paragraph (5) of section 168(l) of such Code is
amended--
(A) by striking ``September 10, 2001'' in
subparagraph (A) and inserting ``December 31, 2007'',
and
(B) by striking ``January 1, 2005'' in subparagraph
(B) and inserting ``January 1, 2009''.
(8) Subparagraph (D) of section 1400L(b)(2) of such Code is
amended by striking ``January 1, 2005'' and inserting ``January
1, 2010''.
(9) Paragraph (3) of section 1400N(d) of such Code is
amended--
(A) by striking ``September 10, 2001'' in
subparagraph (A) and inserting ``December 31, 2007'',
and
(B) by striking ``January 1, 2005'' in subparagraph
(B) and inserting ``January 1, 2009''.
(10) Paragraph (6) of section 1400N(d) of such Code is
amended by adding at the end the following new subparagraph:
``(E) Exception for bonus depreciation property
under section 168(k).--The term `specified Gulf
Opportunity Zone extension property' shall not include
any property to which section 168(k) applies.''.
(11) The heading for subsection (k) of section 168 of such
Code is amended--
(A) by striking ``September 10, 2001'' and
inserting ``December 31, 2007'', and
(B) by striking ``January 1, 2005'' and inserting
``January 1, 2009''.
(12) The heading for clause (ii) of section 168(k)(2)(B) of
such Code is amended by striking ``pre-january 1, 2005'' and
inserting ``pre-january 1, 2009''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2007, in taxable
years ending after such date.
SEC. 2. ELECTION TO INCREASE MINIMUM TAX CREDIT IN LIEU OF BONUS
DEPRECIATION.
(a) In General.--Section 53 of the Internal Revenue Code of 1986
(relating to credit for prior year minimum tax liability) is amended by
adding at the end the following new subsection:
``(f) Additional Credit in Lieu of Bonus Depreciation.--
``(1) In general.--In the case of a corporation making an
election under this subsection for a taxable year, the
limitation under subsection (c) shall be increased by an amount
equal to the bonus depreciation amount.
``(2) Bonus depreciation amount.--For purposes of paragraph
(1), the bonus depreciation amount for any taxable year is an
amount equal to the product of--
``(A) 35 percent, and
``(B) the excess (if any) of--
``(i) the aggregate amount of depreciation
which would be determined under section 168 for
property placed in service during such taxable
year if no election under this subsection were
made, over
``(ii) the aggregate allowance for
depreciation allowable with respect to such
property placed in service for such taxable
year.
``(3) Aggregation rule.--All members of the same controlled
group shall be treated as 1 corporation for purposes of this
subsection.
``(4) Election.--Section 168(k) (relating to bonus
depreciation) shall not apply to any property placed in service
during a taxable year by a corporation making an election under
this subsection for such taxable year. An election under this
subsection may only be revoked with the consent of the
Secretary.
``(5) Credit refundable.--The aggregate increase in the
credit allowed by this section for any taxable year by reason
of this subsection shall for purposes of this title (other than
subsection (b)(2) of this section) be treated as a credit
allowed to the taxpayer under subpart C.''.
(b) Cross Reference.--Section 168(k) of such Code (relating to
bonus depreciation) is amended by adding at the end the following new
paragraph:
``(5) Cross reference.--For an election to claim additional
minimum tax credits in lieu of the allowance determined under
this subsection, see section 53(f).''. | Amends the Internal Revenue Code to: (1) increase from 30 to 50% the rate of the special depreciation allowance (bonus depreciation) for certain business equipment and assets placed in service in 2008; and (2) allow a corporation to elect to increase its alternative minimum tax credit by its bonus depreciation amount in lieu of applying such allowance. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for bonus depreciation or an additional minimum tax credit in lieu of such bonus depreciation."} | 1,586 | 76 | 0.517865 | 1.253027 | 0.335083 | 1.686567 | 20.731343 | 0.791045 |
SECTION 1. PURPOSE.
The purpose of this Act is to authorize resources to foster a safe
learning environment that supports academic achievement for all
students by improving the quality of interim alternative educational
settings, providing more behavioral supports in schools, and supporting
whole school interventions.
SEC. 2. DEFINITION OF ELIGIBLE ENTITY.
In this Act, the term ``eligible entity'' means--
(1) a local educational agency; or
(2) a consortium consisting of a local educational agency
and 1 or more of the following entities--
(A) another local educational agency;
(B) a community-based organization with a
demonstrated record of effectiveness in helping special
needs students with behavioral challenges succeed;
(C) an institution of higher education;
(D) a mental health provider; or
(E) an educational service agency.
SEC. 3. PROGRAM AUTHORIZED.
The Secretary of Education is authorized to award grants, on a
competitive basis, to eligible entities to enable the eligible
entities--
(1) to establish or expand behavioral supports and whole
school behavioral interventions by providing for effective,
research-based practices, including--
(A) comprehensive, early screening efforts for
students at risk for emotional and behavioral
difficulties;
(B) training for school staff on early
identification, prereferral, and referral procedures;
(C) training for administrators, teachers, related
services personnel, behavioral specialists, and other
school staff in whole school positive behavioral
interventions and supports, behavioral intervention
planning, and classroom and student management
techniques;
(D) joint training for administrators, parents,
teachers, related services personnel, behavioral
specialists, and other school staff on effective
strategies for positive behavioral interventions and
behavior management strategies that focus on the
prevention of behavior problems;
(E) developing or implementing specific curricula,
programs, or interventions aimed at addressing
behavioral problems;
(F) stronger linkages between school-based services
and community-based resources, such as community mental
health and primary care providers; or
(G) using behavioral specialists, related services
personnel, and other staff necessary to implement
behavioral supports; or
(2) to improve interim alternative educational settings
by--
(A) improving the training of administrators,
teachers, related services personnel, behavioral
specialists, and other school staff (including ongoing
mentoring of new teachers);
(B) attracting and retaining a high quality,
diverse staff;
(C) providing for on-site counseling services;
(D) utilizing research-based interventions,
curriculum, and practices;
(E) allowing students to use instructional
technology that provides individualized instruction;
(F) ensuring that the services are fully consistent
with the goals of the individual student's
individualized education program (IEP);
(G) promoting effective case management and
collaboration among parents, teachers, physicians,
related services personnel, behavioral specialists,
principals, administrators, and other school staff;
(H) promoting interagency coordination and
coordinated service delivery among schools, juvenile
courts, child welfare agencies, community mental health
providers, primary care providers, public recreation
agencies, and community-based organizations; or
(I) providing for behavioral specialists to help
students transitioning from interim alternative
educational settings reintegrate into their regular
classrooms.
SEC. 4. PROGRAM EVALUATIONS.
(a) Report and Evaluation.--Each eligible entity receiving a grant
under this Act shall prepare and submit annually to the Secretary of
Education a report on the outcomes of the activities assisted under the
grant.
(b) Best Practices on Web Site.--The Secretary of Education shall
make available on the Department of Education's web site information
for parents, teachers, and school administrators on best practices for
interim alternative educational settings, behavior supports, and whole
school intervention.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$50,000,000 for fiscal year 2004 and such sums as may be necessary for
each of the 5 succeeding fiscal years. | Authorizes the Secretary of Education to award competitive grants for: (1) establishing or expanding behavioral supports and whole school behavioral interventions by providing for effective research-based practices; or (2) improving interim alternative educational settings.
Sets forth some authorized types of activities, including ones related to: (1) early screening for students at risk for emotional and behavioral difficulties; (2) staff training, recruitment, and retention; (3) curricula, interventions, programs, and practices; (4) on-site counseling; (5) instructional technology for individualized instruction; (6) ensuring services consistent with the individualized education plan; (7) case management and collaboration among school staff, parents, physicians, and related services personnel; (8) links between school- and community-based services; and (9) interagency coordination.
Makes eligible for such grants a local educational agency (LEA), or a consortium consisting of an LEA and one or more of the following entities: (1) another LEA; (2) a community-based organization with a demonstrated record of effectiveness in helping special needs students with behavioral challenges succeed; (3) an institution of higher education; (4) a mental health provider; or (5) an educational service agency.
Directs the Secretary to make available on the Department of Education's web site information for parents, teachers, and school administrators on best practices for interim alternative educational settings, behavior supports, and whole school intervention. | {"src": "billsum_train", "title": "A bill to authorize resources to foster a safe learning environment that supports academic achievement for all students by improving the quality of interim alternative educational settings, providing more behavioral supports in schools, and supporting whole school interventions."} | 836 | 288 | 0.75706 | 2.085934 | 0.923044 | 3.989619 | 2.889273 | 0.910035 |
SECTION 1. EVALUATION OF THE SURGE OF APPEALS OF VETERANS CLAIMS.
(a) In General.--There is established a task force (in this section
referred to as the ``Appeals Task Force'') to evaluate the backlog of
appeals of claims within the Board of Veterans' Appeals and the United
States Court of Appeals for Veterans Claims.
(b) Study.--
(1) In general.--The Appeals Task Force shall carry out a
study on the anticipated increase of appeals of claims,
including the current process all parties use to evaluate
appeals and the laws and regulations applicable to such claims
and appeals. Such study shall be a comprehensive evaluation and
assessment of the backlog of claims, an analysis of possible
improvements to the procedures used to process such appeals,
and any related issues that the Appeals Task Force considers
relevant.
(2) Consideration.--In carrying out the study under
paragraph (1) and making any recommendations under this
section, the Appeals Task Force shall consider the following:
(A) The interests of veterans, including with
respect to accuracy, fairness, and transparency in the
appeals process of the Board and the Court.
(B) The values and requirements of the
Constitution, including with respect to compliance with
procedural and substantive due process.
(C) The public interest, including with respect to
the responsible use of available resources.
(D) The importance of the claimant friendly,
nonadversarial nature of the appeals process.
(3) Matters included.--In carrying out the study under
paragraph (1), the Appeals Task Force shall examine the
following:
(A) The anticipated surge in appeals of claims,
including an analysis of--
(i) the most effective means to quickly and
accurately resolve pending appeals and future
appeals;
(ii) with respect to both the Board and the
Court, the annual funding, number of full-time
employees, workload management practices, and
the progress, as of the date of the study, of
the transformation plan of the Department; and
(iii) the efficiency, effectiveness, and
utility of the Veterans Benefits Management
System with respect to appeals operations,
including an identification of key changes that
may need to be implemented to such system.
(B) Possible improvements to the appeals process,
including an evaluation and recommendations with
respect to whether substantive and structural changes
to the overall appeals process are required.
(C) In carrying out the evaluation and
recommendations under subparagraph (B), an examination
of--
(i) options that make no major substantive
changes to the appeals process;
(ii) options that maintain the process but
make minor changes;
(iii) options that make broad changes to
the process;
(iv) the necessity of the multi-tiered
levels of appeals at the regional office level,
including filing a notice of disagreement,
receipt of a statement of the case,
supplemental statement of the case (if
applicable), and substantive appeal (VA Form
9);
(v) the role of the Board and the Appeals
Management Center, including--
(I) the effectiveness of the
workload management of the Board and
the Center;
(II) whether the Board and Center
should be regionalized or maintain the
centralized structure in the District
of Columbia; and
(III) whether Board Members should
be required to pass the administrative
law judges certification examination;
and
(vi) the role of the Court and the United
States Court of Appeals for the Federal
Circuit, including--
(I) the continued effectiveness and
necessity of a two-tiered structure of
judicial review;
(II) the article I status of the
Court;
(III) expansion of either the Court
or the United States Court of Appeals
for the Federal Circuit jurisdiction,
including by allowing such courts to
hear class action lawsuits with respect
to claims; and
(IV) the possibility of expanding
judicial review of claims to all
Federal circuit courts of appeals.
(4) Role of secretary of veterans affairs.--
(A) Information.--In carrying out a study on the
backlog of claims under paragraph (1), the Appeals Task
Force shall submit to the Secretary of Veterans
Affairs, Chairman of the Board of Veterans' Appeals,
and the Court, at times that the Appeals Task Force
determines appropriate, information with respect to
remedies and solutions for the Appeals Task Force
identifies pursuant to such study.
(B) Implementation.--The Secretary, the Board, and
the Court shall--
(i) fully consider the remedies and
solutions submitted under subparagraph (A);
(ii) implement such remedies and solutions
as the Secretary determines appropriate; and
(iii) submit to Congress justification for
failing to implement any such remedy or
solution.
(5) Plan.--The Appeals Task Force shall submit to the
Secretary of Veterans Affairs, Chairman of the Board of
Veterans' Appeals, and the Court a feasible, timely, and cost
effective plan to eliminate the backlog of appeals of claims
based on the remedies and solutions identified pursuant to the
study under paragraph (1) and the information submitted under
paragraph (4)(A).
(c) Reports.--
(1) Initial report.--Not later than 180 days after the date
on which the Appeals Task Force first meets, the Appeals Task
Force shall submit to the President and Congress an initial
report on the study conducted under subsection (b), including--
(A) a proposed plan to handle the anticipated surge
in appeals of claims; and
(B) the level of cooperation the Appeals Task Force
has received from the Secretary, the Board, and the
Court and the heads of other departments or agencies of
the Federal Government.
(2) Interim reports.--Not later than 180 days after the
date on which the Appeals Task Force first meets, and each 30-
day period thereafter ending on the date on which the Appeals
Task Force submits the final report under paragraph (3), the
Appeals Task Force shall submit to the President and Congress a
report on--
(A) the progress of the Board and the Court with
respect to implementing solutions to complete appeals
of claims in a timely manner; and
(B) the level of cooperation the Appeals Task Force
has received from the Secretary, the Board, and the
Court and the heads of other departments or agencies of
the Federal Government.
(3) Final report.--Not later than 180 days after the date
on which the Appeals Task Force first meets, the Appeals Task
Force shall submit to the President and Congress a report on
the study conducted under subsection (b). The report shall
include the following:
(A) The findings, conclusions, and recommendations
of the Appeals Task Force with respect to the matters
referred to in such subsection.
(B) The recommendations of the Appeals Task Force
for revising and improving appellant procedures.
(C) The information described in subsection
(b)(4)(A).
(D) The feasible, timely, and cost effective plan
described in subsection (b)(5).
(E) The progress of the Secretary, the Board, and
the Court with respect to implementing solutions to
provide timely appeals of claims.
(F) Other information and recommendations with
respect to claims as the Appeals Task Force considers
appropriate.
(d) Membership.--
(1) Number and appointment.--The Appeals Task Force shall
be composed of 15 members, appointed as follows:
(A) One member appointed by the Speaker of the
House of Representatives, at least one of whom shall be
a veteran.
(B) One member appointed by the minority leader of
the House of Representatives, at least one of whom
shall be a veteran.
(C) One member appointed by the majority leader of
the Senate, at least one of whom shall be a veteran.
(D) One member appointed by the minority leader of
the Senate, at least one of whom shall be a veteran.
(E) One member appointed by the President.
(F) Six members appointed by the Secretary of
Veteran Affairs--
(i) one of whom shall be an employee of the
Office of the Secretary;
(ii) two of whom shall be employees of the
Veterans Benefits Administration; and
(iii) three of whom shall be members of a
veterans service organization.
(G) Two members appointed by the Board.
(H) Two members appointed by the Court.
(2) Chairman and co-chairmen.--Of the members of the
Appeals Task Force described in subparagraphs (G) and (H) of
paragraph (1) and clauses (i) and (ii) of subparagraph (F) of
such paragraph, the Secretary of Veterans Affairs shall appoint
one member to be chairman and two members to be co-chairmen.
(3) Period of appointment.--Members of the Appeals Task
Force shall be appointed for the life of the Appeals Task
Force. A vacancy shall not affect its powers.
(4) Vacancy.--A vacancy on the Appeals Task Force shall be
filled in the manner in which the original appointment was
made.
(5) Appointment deadline.--The appointment of members of
the Appeals Task Force established in this section shall be
made not later than 45 days after the date of the enactment of
this Act.
(e) Meetings.--
(1) Initial meeting.--The Appeals Task Force shall hold its
first meeting not later than 30 days after the date on which a
majority of the members are appointed.
(2) Meetings.--The Appeals Task Force shall meet at the
call of the chairman.
(3) Quorum.--A majority of the members of the Appeals Task
Force shall constitute a quorum, but a lesser number may hold
hearings.
(f) Powers of the Appeals Task Force.--
(1) Hearings.--The Appeals Task Force may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Appeals Task Force
considers advisable to carry out the purposes of this section.
In addition, the Appeals Task Force may invite and consider
such information from individuals and organizations as the
Chairman and co-chairmen consider appropriate.
(2) Information from federal agencies.--The Appeals Task
Force may secure directly from any department or agency of the
Federal Government such information as the Appeals Task Force
considers necessary to carry out the provisions of this
section. Upon request of the chairman, the head of such
department or agency shall furnish such information to the
Appeals Task Force.
(3) Postal services.--The Appeals Task Force may use the
United States mails in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
(4) Gifts.--The Appeals Task Force may accept, use, and
dispose of gifts or donations of service or property.
(g) Personnel Matters.--
(1) Compensation of members.--Each member of the Appeals
Task Force who is not an officer or employee of the United
States shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties of
the Appeals Task Force. All members of the Appeals Task Force
who are officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
(2) Travel expenses.--The members of the Appeals Task Force
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of service of the Appeals Task Force.
(3) Staff.--
(A) Executive director.--The chairman of the
Appeals Task Force may, without regard to the civil
service laws and regulations, appoint an executive
director and such other personnel as may be necessary
to enable the Appeals Task Force to perform its duties.
The appointment of an executive director shall be
subject to the approval of the Appeals Task Force.
(B) Compensation.--The chairman of the Appeals Task
Force may fix the compensation of the executive
director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under
section 5316 of such title.
(4) Detail of government employees.--Upon request of the
chairman of the Appeals Task Force, the head of any department
or agency of the Federal Government may detail, on a
nonreimbursable basis, any personnel of that department or
agency to the Appeals Task Force to assist it in carrying out
its duties.
(5) Procurement of temporary and intermittent services.--
The chairman of the Appeals Task Force may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Service under section
5316 of such title.
(h) Termination of Appeals Task Force.--The Appeals Task Force
shall terminate 60 days after the date on which the Appeals Task Force
submits the final report under subsection (c)(3).
(i) Funding.--
(1) In general.--The Secretary shall, upon the request of
the chairman of the Appeals Task Force, make available to the
Appeals Task Force such amounts as the Appeals Task Force may
require to carry out the duties of the Appeals Task Force under
this section.
(2) Availability.--Any sums made available to the Appeals
Task Force shall remain available, without fiscal year
limitation, until the termination of the Appeals Task Force.
(j) Definitions.--In this section:
(1) The term ``Board'' means the Board of Veterans'
Appeals.
(2) The term ``claim'' means a claim for disability
compensation under the laws administered by the Secretary of
Veterans Affairs.
(3) The term ``Court'' means the United States Court of
Appeals for Veterans Claims. | Establishes an Appeals Task Force to evaluate the backlog of appeals of claims within the Board of Veterans' Appeals and the U.S. Court of Appeals for Veterans Claims (Court). Requires the Task Force to study: (1) the anticipated surge in appeals of claims; and (2) possible improvements to the appeals process, including whether substantive and structural changes to the overall appeals process are required. Directs the Task Force to submit to the Secretary of Veterans Affairs, the Chairman of the Board of Veterans' Appeals, and the Court a feasible, timely, and cost effective plan to eliminate the backlog of appeals based on the remedies and solutions it identifies. Requires the Secretary, Chairman, and Court to: (1) fully consider those remedies and solutions, (2) implement those the Secretary deems appropriate, and (3) submit to Congress justification for failing to implement any such remedy or solution. | {"src": "billsum_train", "title": "To establish a task force to evaluate the backlog of appeals to claims submitted to the Secretary of Veterans Affairs."} | 3,045 | 197 | 0.592037 | 1.86528 | 1.123114 | 5.08046 | 17.017241 | 0.954023 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Marihuana And Regulatory
Tolerance Enforcement Act''.
SEC. 2. INAPPLICABILITY OF CONTROLLED SUBSTANCES ACT TO MARIHUANA IN
CERTAIN STATES.
(a) In General.--Part E of the Controlled Substances Act (21 U.S.C.
871 et seq.) is amended by adding at the end the following:
``SEC. 521. INAPPLICABILITY TO MARIHUANA IN CERTAIN STATES.
``(a) In General.--For the period described in subsection (b), this
title shall not apply with respect to the production, manufacture,
distribution, prescribing, dispensing, possession, and use of marihuana
in a State if each of the following conditions is met:
``(1) The State submits a request to the Attorney General
certifying that the State has legalized marihuana for
recreational or medical use.
``(2) The request includes a certification that the State
has, or will have, in effect a statewide regulatory regime for
marihuana that is sufficient to protect Federal interests,
including each of the following:
``(A) Preventing the distribution of marihuana to
minors.
``(B) Preventing revenue from the sale of marihuana
from going to criminal enterprises, gangs, and cartels.
``(C) Preventing the diversion of marihuana from
States where the manufacture, distribution, dispensing,
and possession of marihuana is legal to other States.
``(D) Preventing State-authorized marihuana
activity from being used as a cover or pretext for the
trafficking of other illegal drugs or other illegal
activity.
``(E) Preventing violence and the use of firearms
in the cultivation and distribution of marihuana.
``(F) Preventing drugged driving and the
exacerbation of other adverse public health
consequences associated with marihuana use.
``(G) Preventing the growing of marihuana on public
lands and the attendant public safety and environmental
dangers posed by marihuana production on public lands.
``(H) Preventing marihuana possession or use on
Federal property.
``(I) Preventing distribution of tainted marihuana.
``(3) The State agrees to study and report annually to the
Attorney General regarding outcomes of legalizing marihuana in
the State on the following:
``(A) Youth marihuana use.
``(B) Rates of driving while intoxicated.
``(C) Diversion to other States.
``(D) Prevalence of drug-related organized crime
activity.
``(b) Duration of Period.--Subject to subsection (c), the period
described in this subsection is, with respect to a State--
``(1) the period of 3 years beginning on the date of
receipt by the Attorney General of a request under subsection
(a)(1); and
``(2) any subsequent, consecutive 3-year period if, by the
beginning of such period, the State submits a request under
subsection (a)(1) for such period.
``(c) Delayed Effective Date.--The effective period of a request
under subsection (a)(1) shall commence not sooner than the effective
date of the State's regulatory regime required by subsection (a)(2).
``(d) Loss of Waiver.--
``(1) In general.--The Attorney General may--
``(A) continually review the production,
manufacture, distribution, prescribing, dispensing,
possession, and use of marihuana in a State with a
waiver in effect under subsection (a); and
``(B) after providing notice and an opportunity to
correct under paragraph (2), revoke such waiver if the
Attorney General finds, with respect to such State,
that the conditions listed in subsection (a) are no
longer met.
``(2) Notice; opportunity to correct.--If the Attorney
General finds that the conditions listed in subsection (a) are
no longer met, the Attorney General shall give the State
involved--
``(A) notice of such finding; and
``(B) a period of not less than 180 days to correct
any failure to meet the conditions listed in subsection
(a).
``(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Federal Government from providing assistance
to a State (under Federal law other than this title) in the
implementation or enforcement of State law relating to the production,
manufacture, distribution, prescribing, dispensing, possession, or use
of marihuana.
``(f) Definition.--In this section, the term `tainted' means
containing microbes, pesticides, or controlled substances other than
marihuana.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public
Law 91-513) is amended by inserting at the end of the items relating to
part E of title II the following new item:
``Sec. 521. Inapplicability to marihuana in certain States.''. | State Marihuana And Regulatory Tolerance Enforcement Act This bill amends the Controlled Substances Act to prohibit federal enforcement of marijuana offenses in a state that: (1) requests a waiver from the Department of Justice (DOJ) certifying that it legalized marijuana; (2) certifies that it has or will have a regulatory scheme sufficient to protect federal interests (e.g., preventing marijuana distribution to minors); and (3) agrees to study and report on certain outcomes. DOJ may revoke the waiver of a state that fails to meets the conditions. | {"src": "billsum_train", "title": "State Marihuana And Regulatory Tolerance Enforcement Act"} | 1,226 | 133 | 0.532979 | 1.407613 | 0.614223 | 1.933333 | 9.8 | 0.809524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifespan Respite Care Act of 2003''.
SEC. 2. LIFESPAN RESPITE CARE.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXIX--LIFESPAN RESPITE CARE
``SEC. 2901. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
``(1) an estimated 26,000,000 individuals in the United
States care each year for 1 or more adult family members or
friends who are chronically ill, disabled, or terminally ill;
``(2) an estimated 18,000,000 children in the United States
have chronic physical, developmental, behavioral, or emotional
conditions that demand caregiver monitoring, management,
supervision, or treatment beyond that required of children
generally;
``(3) nearly 4,000,000 individuals in the United States of
all ages who have mental retardation or another developmental
disability live with their families;
``(4) almost 25 percent of the Nation's elders experience
multiple chronic disabling conditions that make it necessary to
rely on others for help in meeting their daily needs;
``(5) every year, approximately 600,000 Americans die at
home and many of these individuals rely on extensive family
caregiving before their death;
``(6) of all individuals in the United States needing
assistance in daily living, 42 percent are under age 65;
``(7) there are insufficient resources to replace family
caregivers with paid workers;
``(8) if services provided by family caregivers had to be
replaced with paid services, it would cost approximately
$200,000,000,000 annually;
``(9) the family caregiver role is personally rewarding but
can result in substantial emotional, physical, and financial
hardship;
``(10) approximately 75 percent of family caregivers are
women;
``(11) family caregivers often do not know where to find
information about available respite care or how to access it;
``(12) available respite care programs are insufficient to
meet the need and are directed at primarily lower income
populations and family caregivers of the elderly, leaving large
numbers of family caregivers without adequate support; and
``(13) the limited number of available respite care
programs find it difficult to recruit appropriately trained
respite workers.
``(b) Purposes.--The purposes of this title are--
``(1) to encourage States to establish State and local
lifespan respite care programs;
``(2) to improve and coordinate the dissemination of
respite care information and resources to family caregivers;
``(3) to provide, supplement, or improve respite care
services to family caregivers;
``(4) to promote innovative, flexible, and comprehensive
approaches to--
``(A) the delivery of respite care;
``(B) respite care worker and volunteer recruitment
and training programs; and
``(C) training programs for family caregivers to
assist such family caregivers in making informed
decisions about respite care services;
``(5) to support evaluative research to identify effective
respite care services that alleviate, reduce, or minimize any
negative consequences of caregiving; and
``(6) to promote the dissemination of results, findings,
and information from programs and research projects relating to
respite care delivery, family caregiver strain, respite care
worker and volunteer recruitment and training, and training
programs for family caregivers that assist such family
caregivers in making informed decisions about respite care
services.
``SEC. 2902. DEFINITIONS.
``In this title:
``(1) Eligible recipient.--The term `eligible recipient'
means--
``(A) a State agency;
``(B) any other public entity that is capable of
operating on a statewide basis;
``(C) a private, nonprofit organization that is
capable of operating on a statewide basis;
``(D) a political subdivision of a State that has a
population of not less than 3,000,000 individuals; or
``(E) any recognized State respite coordinating
agency that has--
``(i) a demonstrated ability to work with
other State and community-based agencies;
``(ii) an understanding of respite care and
family caregiver issues; and
``(iii) the capacity to ensure meaningful
involvement of family members, family
caregivers, and care recipients.
``(2) Adult with a special need.--The term `adult with a
special need' means a person 18 years of age or older who
requires care or supervision to--
``(A) meet the person's basic needs; or
``(B) prevent physical self-injury or injury to
others.
``(3) Child with a special need.--The term `child with a
special need' means a person less than 18 years of age who
requires care or supervision beyond that required of children
generally to--
``(A) meet the child's basic needs; or
``(B) prevent physical self-injury or injury to
others.
``(4) Family caregiver.--The term `family caregiver' means
an unpaid family member, a foster parent, or another unpaid
adult, who provides in-home monitoring, management,
supervision, or treatment of a child or adult with a special
need.
``(5) Respite care.--The term `respite care' means planned
or emergency care provided to a child or adult with a special
need in order to provide temporary relief to the family
caregiver of that child or adult.
``(6) Lifespan respite care.--The term `lifespan respite
care' means a coordinated system of accessible, community-based
respite care services for family caregivers of children or
adults with special needs.
``SEC. 2903. LIFESPAN RESPITE CARE GRANTS AND COOPERATIVE AGREEMENTS.
``(a) Purposes.--The purposes of this section are--
``(1) to expand and enhance respite care services to family
caregivers;
``(2) to improve the statewide dissemination and
coordination of respite care; and
``(3) to provide, supplement, or improve access and quality
of respite care services to family caregivers, thereby reducing
family caregiver strain.
``(b) Authorization.--Subject to subsection (f), the Secretary is
authorized to award grants or cooperative agreements to eligible
recipients who submit an application pursuant to subsection (d).
``(c) Federal Lifespan Approach.--In carrying out this section, the
Secretary shall work in cooperation with the National Family Caregiver
Support Program Officer of the Administration on Aging, and respite
care program officers in the Administration for Children and Families,
the Administration on Developmental Disabilities, the Maternal and
Child Health Bureau of the Health Resources and Services
Administration, and the Substance Abuse and Mental Health Services
Administration, to ensure coordination of respite care services for
family caregivers of children and adults with special needs.
``(d) Application.--
``(1) Submission.--Each eligible recipient desiring to
receive a grant or cooperative agreement under this section
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
shall require.
``(2) Contents.--Each application submitted under this
section shall include--
``(A) a description of the applicant's--
``(i) understanding of respite care and
family caregiver issues;
``(ii) capacity to ensure meaningful
involvement of family members, family
caregivers, and care recipients; and
``(iii) collaboration with other State and
community-based public, nonprofit, or private
agencies;
``(B) with respect to the population of family
caregivers to whom respite care information or services
will be provided or for whom respite care workers and
volunteers will be recruited and trained, a description
of--
``(i) the population of family caregivers;
``(ii) the extent and nature of the respite
care needs of that population;
``(iii) existing respite care services for
that population, including numbers of family
caregivers being served and extent of unmet
need;
``(iv) existing methods or systems to
coordinate respite care information and
services to the population at the State and
local level and extent of unmet need;
``(v) how respite care information
dissemination and coordination, respite care
services, respite care worker and volunteer
recruitment and training programs, or training
programs for family caregivers that assist such
family caregivers in making informed decisions
about respite care services will be provided
using grant or cooperative agreement funds;
``(vi) a plan for collaboration and
coordination of the proposed respite care
activities with other related services or
programs offered by public or private,
nonprofit entities, including area agencies on
aging;
``(vii) how the population, including
family caregivers, care recipients, and
relevant public or private agencies, will
participate in the planning and implementation
of the proposed respite care activities;
``(viii) how the proposed respite care
activities will make use, to the maximum extent
feasible, of other Federal, State, and local
funds, programs, contributions, other forms of
reimbursements, personnel, and facilities;
``(ix) respite care services available to
family caregivers in the applicant's State or
locality, including unmet needs and how the
applicant's plan for use of funds will improve
the coordination and distribution of respite
care services for family caregivers of children
and adults with special needs;
``(x) the criteria used to identify family
caregivers eligible for respite care services;
``(xi) how the quality and safety of any
respite care services provided will be
monitored, including methods to ensure that
respite care workers and volunteers are
appropriately screened and possess the
necessary skills to care for the needs of the
care recipient in the absence of the family
caregiver; and
``(xii) the results expected from proposed
respite care activities and the procedures to
be used for evaluating those results; and
``(C) assurances that, where appropriate, the
applicant shall have a system for maintaining the
confidentiality of care recipient and family caregiver
records.
``(e) Review of Applications.--
``(1) Establishment of review panel.--The Secretary shall
establish a panel to review applications submitted under this
section.
``(2) Meetings.--The panel shall meet as often as may be
necessary to facilitate the expeditious review of applications.
``(3) Function of panel.--The panel shall--
``(A) review and evaluate each application
submitted under this section; and
``(B) make recommendations to the Secretary
concerning whether the application should be approved.
``(f) Awarding of Grants or Cooperative Agreements.--
``(1) In general.--The Secretary shall award grants or
cooperative agreements from among the applications approved by
the panel under subsection (e)(3).
``(2) Priority.--When awarding grants or cooperative
agreements under this subsection, the Secretary shall give
priority to applicants that show the greatest likelihood of
implementing or enhancing lifespan respite care statewide.
``(g) Use of Grant or Cooperative Agreement Funds.--
``(1) In general.--
``(A) Mandatory uses of funds.--Each eligible
recipient that is awarded a grant or cooperative
agreement under this section shall use the funds for,
unless such a program is in existence--
``(i) the development of lifespan respite
care at the State and local levels; and
``(ii) an evaluation of the effectiveness
of such care.
``(B) Discretionary uses of funds.--Each eligible
recipient that is awarded a grant or cooperative
agreement under this section may use the funds for--
``(i) respite care services for family
caregivers of children and adults with special
needs;
``(ii) respite care worker and volunteer
training programs; or
``(iii) training programs for family
caregivers to assist such family caregivers in
making informed decisions about respite care
services.
``(C) Evaluation.--If an eligible recipient uses
funds awarded under this section for an activity
described in subparagraph (B), the eligible recipient
shall use funds for an evaluation of the effectiveness
of the activity.
``(2) Subcontracts.--Each eligible recipient that is
awarded a grant or cooperative agreement under this section may
use the funds to subcontract with a public or nonprofit agency
to carry out the activities described in paragraph (1).
``(h) Term of Grants or Cooperative Agreements.--
``(1) In general.--The Secretary shall award grants or
cooperative agreements under this section for terms that do not
exceed 5 years.
``(2) Renewal.--The Secretary may renew a grant or
cooperative agreement under this section at the end of the term
of the grant or cooperative agreement determined under
paragraph (1).
``(i) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant other Federal,
State, and local funds available for respite care services.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $90,500,000 for fiscal year 2004; and
``(2) such sums as are necessary for fiscal years 2005
through 2008.
``SEC. 2904. NATIONAL LIFESPAN RESPITE RESOURCE CENTER.
``(a) Establishment.--From funds appropriated under subsection (c),
the Secretary shall award a grant or cooperative agreement to a public
or private nonprofit entity to establish a National Resource Center on
Lifespan Respite Care (referred to in this section as the `center').
``(b) Purposes of the Center.--The center shall--
``(1) maintain a national database on lifespan respite
care;
``(2) provide training and technical assistance to State,
community, and nonprofit respite care programs; and
``(3) provide information, referral, and educational
programs to the public on lifespan respite care.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $500,000 for each of fiscal
years 2004 through 2008.''.
Passed the Senate April 10, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | (This measure has not been amended since it was introduced in the Senate on March 5, 2003. However, because action occurred on the measure, the summary has been expanded.)Lifespan Respite Care Act of 2003 - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or cooperative agreements to an agency or organization capable of operating on a statewide basis (an eligible recipient) to develop coordinated respite care programs. Defines respite care to mean planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of such child or adult.Instructs the Secretary to work cooperatively with existing Federal respite program officers to ensure coordination of services for family caregivers. Authorizes the Secretary to award grants or cooperative agreements to eligible recipients who submit an application containing certain information, including: (1) the extent and nature of the respite care needs of the population; and (2) how the proposed respite care activities will make use of other Federal, State, and local funds, programs, and other resources.Directs the Secretary to establish a review panel to make recommendations on applicants. Gives priority to applicants with the greatest likelihood of implementing or enhancing lifespan respite care statewide.Requires grant funds to be used for the development of lifespan respite care at the State and local levels (unless such a program already exists). Defines lifespan respite care as a system of accessible, community-based respite care services. Permits the use of funds for respite care services and training programs once a statewide program is in place and evaluated. Limits grants to five years. Permits a grant to be renewed. Requires funding to supplement, not supplant, existing government funds. Authorizes appropriations.Directs the Secretary to provide for the establishment of a National Resource Center on Lifespan Respite Care to maintain a national database and provide training, technical assistance, and information. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish a program to assist family caregivers in accessing affordable and high-quality respite care, and for other purposes."} | 3,220 | 457 | 0.551103 | 1.708624 | 0.723733 | 3.470588 | 8.002674 | 0.882353 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Public
Transportation Terrorism Prevention Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Security assessments.
Sec. 4. Security assistance grants.
Sec. 5. Intelligence sharing.
Sec. 6. Research, development, and demonstration grants.
Sec. 7. Reporting requirements.
Sec. 8. Authorization of appropriations.
Sec. 9. Sunset provision.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) public transportation systems throughout the world have
been a primary target of terrorist attacks, causing countless
death and injuries;
(2) 5,800 public transportation agencies operate in the
United States;
(3) 14,000,000 people in the United States ride public
transportation each work day;
(4) safe and secure public transportation systems are
essential for the Nation's economy and for significant national
and international public events;
(5) the Federal Transit Administration has invested
$74,900,000,000 since 1992 for construction and improvements to
the Nation's public transportation systems;
(6) the Federal Government appropriately invested
$18,100,000,000 in fiscal years 2002 through 2005 to protect
our Nation's aviation system and its 1,800,000 daily
passengers;
(7) the Federal Government has allocated $250,000,000 in
fiscal years 2003 through 2005 to protect public transportation
systems in the United States;
(8) the Federal Government has invested $7.38 in aviation
security improvements per passenger, but only $0.007 in public
transportation security improvements per passenger;
(9) the Government Accountability Office, the Mineta
Institute for Surface Transportation Policy Studies, the
American Public Transportation Association, and many
transportation experts have reported an urgent need for
significant investment in public transportation security
improvements; and
(10) the Federal Government has a duty to deter and
mitigate, to the greatest extent practicable, threats against
the Nation's public transportation systems.
SEC. 3. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
enactment of this Act, the Federal Transit Administration of
the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Secretary of Homeland Security.
(2) Review.--Not later than July 31, 2006, the Secretary of
Homeland Security shall review and augment the security
assessments received under paragraph (1).
(3) Allocations.--The Secretary of Homeland Security shall
use the security assessments received under paragraph (1) as
the basis for allocating grant funds under section 4, unless
the Secretary notifies the Committee on Banking, Housing, and
Urban Affairs of the Senate that the Secretary has determined
that an adjustment is necessary to respond to an urgent threat
or other significant factors.
(4) Security improvement priorities.--Not later than
September 30, 2006, the Secretary of Homeland Security, after
consultation with the management and employee representatives
of each public transportation system for which a security
assessment has been received under paragraph (1), shall
establish security improvement priorities that will be used by
public transportation agencies for any funding provided under
section 4.
(5) Updates.--Not later than July 31, 2007, and annually
thereafter, the Secretary of Homeland Security shall--
(A) update the security assessments referred to in
this subsection; and
(B) conduct security assessments of all public
transportation agencies considered to be at greatest
risk of a terrorist attack.
(b) Use of Security Assessment Information.--The Secretary of
Homeland Security shall use the information collected under subsection
(a)--
(1) to establish the process for developing security
guidelines for public transportation security; and
(2) to design a security improvement strategy that--
(A) minimizes terrorist threats to public
transportation systems; and
(B) maximizes the efforts of public transportation
systems to mitigate damage from terrorist attacks.
(c) Bus and Rural Public Transportation Systems.--Not later than
July 31, 2006, the Secretary of Homeland Security shall conduct
security assessments, appropriate to the size and nature of each
system, to determine the specific needs of--
(1) local bus-only public transportation systems; and
(2) selected public transportation systems that receive
funds under section 5311 of title 49, United States Code.
SEC. 4. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable capital security improvements based on the priorities
established under section 3(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or
explosive detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator
type system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable operational security improvements based on the
priorities established under section 3(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for public transportation
employees, including bus and rail operators, mechanics,
customer service, maintenance employees, transit
police, and security personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or
explosives detection;
(E) overtime reimbursement for enhanced security
personnel during significant national and international
public events, consistent with the priorities
established under section 3(a)(4); and
(F) other appropriate security improvements
identified under section 3(a)(4), excluding routine,
ongoing personnel costs.
(c) Congressional Notification.--Not later than 3 days before the
award of any grant under this section, the Secretary of Homeland
Security shall notify the Committee on Banking, Housing, and Urban
Affairs of the Senate of the intent to award such grant.
(d) Public Transportation Agency Responsibilities.--Each public
transportation agency that receives a grant under this section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this section; and
(3) report annually to the Department of Homeland Security
on the use of grant funds received under this section.
(e) Return of Misspent Grant Funds.--If the Secretary of Homeland
Security determines that a grantee used any portion of the grant funds
received under this section for a purpose other than the allowable uses
specified for that grant under this section, the grantee shall return
any amount so used to the Treasury of the United States.
SEC. 5. INTELLIGENCE SHARING.
(a) Intelligence Sharing.--The Secretary of Homeland Security shall
ensure that the Department of Transportation receives appropriate and
timely notification of all credible terrorist threats against public
transportation assets in the United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Secretary of Homeland Security
shall provide sufficient financial assistance for the
reasonable costs of the Information Sharing and Analysis Center
for Public Transportation (referred to in this subsection as
the ``ISAC'') established pursuant to Presidential Directive
63, to protect critical infrastructure.
(2) Public transportation agency participation.--The
Secretary of Homeland Security--
(A) shall require those public transportation
agencies that the Secretary determines to be at
significant risk of terrorist attack to participate in
the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge a fee to any public
transportation agency for participating in the ISAC.
SEC. 6. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.
(a) Grants Authorized.--The Secretary of Homeland Security, in
consultation with the Federal Transit Administration, shall award
grants to public or private entities to conduct research into, and
demonstrate, technologies and methods to reduce and deter terrorist
threats or mitigate damages resulting from terrorist attacks against
public transportation systems.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
to--
(1) research chemical, biological, radiological, or
explosive detection systems that do not significantly impede
passenger access;
(2) research imaging technologies;
(3) conduct product evaluations and testing; and
(4) research other technologies or methods for reducing or
deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(c) Reporting Requirement.--Each entity that receives a grant under
this section shall report annually to the Department of Homeland
Security on the use of grant funds received under this section.
(d) Return of Misspent Grant Funds.--If the Secretary of Homeland
Security determines that a grantee used any portion of the grant funds
received under this section for a purpose other than the allowable uses
specified under subsection (b), the grantee shall return any amount so
used to the Treasury of the United States.
SEC. 7. REPORTING REQUIREMENTS.
(a) Semi-Annual Report to Congress.--
(1) In general.--Not later than March 31 and September 30
of each year, the Secretary of Homeland Security shall submit a
report, containing the information described in paragraph (2),
to--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of the implementation of the
provisions of sections 3 through 6;
(B) the amount of funds appropriated to carry out
the provisions of each of sections 3 through 6 that
have not been expended or obligated; and
(C) the state of public transportation security in
the United States.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 of each year, the
Secretary of Homeland Security shall submit a report to the
Governor of each State with a public transportation agency that
has received a grant under this Act.
(2) Contents.--The report submitted under paragraph (1)
shall specify--
(A) the amount of grant funds distributed to each
such public transportation agency; and
(B) the use of such grant funds.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program.--There are authorized to
be appropriated $2,370,000,000 for fiscal year 2007 to carry out the
provisions of section 4(a), which shall remain available until
expended.
(b) Operational Security Assistance Program.--There are authorized
to be appropriated to carry out the provisions of section 4(b)--
(1) $534,000,000 for fiscal year 2007;
(2) $333,000,000 for fiscal year 2008; and
(3) $133,000,000 for fiscal year 2009.
(c) Intelligence.--There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of section 5.
(d) Research.--There are authorized to be appropriated $130,000,000
for fiscal year 2007 to carry out the provisions of section 6, which
shall remain available until expended.
SEC. 9. SUNSET PROVISION.
The authority to make grants under this Act shall expire on October
1, 2009. | Public Transportation Terrorism Prevention Act of 2005 - (Sec. 3) Directs the Federal Transit Administration of the Department of Transportation to submit all public transportation security assessments and all other relevant information to the Secretary of Homeland Security (Secretary).
Directs the Secretary to review, augment, and use them as the basis for allocating funds under security assistance grants, unless the Secretary notifies the Committee on Banking, Housing, and Urban Affairs of the Senate that the Secretary has determined that an adjustment is necessary to respond to an urgent threat or significant factors.
Directs the Secretary to: (1) update such security assessments; (2) conduct them for all public transportation agencies considered to be at greatest risk of a terrorist attack; (3) use them and other relevant information to establish the process for developing public transportation security guidelines and designing a security improvement strategy; and (4) conduct assessments to determine the specific needs of local bus-only public transportation systems and selected public transportation systems that receive formula grants for non-urbanized areas.
(Sec. 4) Directs the Secretary to award grants directly to public transportation agencies for allowable capital and operational security improvements based on establlished priorities.
Requires each public transportation agency that receives a grant to: (1) identify a security improvements coordinator; and (2) develop a comprehensive plan for the agency's capacity for operating and maintaining the equipment purchased under this Act.
(Sec. 5) Directs the Secretary to: (1) ensure that the Department of Transportation receives appropriate and timely notification of all credible terrorist threats against public transportation assets in the United States; and (2) provide sufficient financial assistance for the reasonable costs of the Information Sharing and Analysis Center for Public Transportation (ISAC) established to protect critical infrastructure.
Directs the Secretary to: (1) require public transportation agencies at significant risk of terrorist attack to participate in ISAC; and (2) encourage all other public transportation agencies to participate in ISAC. Prohibits the Secretary from charging a fee to any public transportation agency for such participation.
(Sec. 6) Directs the Secretary to award grants to public or private entities to conduct research into, and demonstrate, technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems.
Requires the return of misspent grant funds to the Treasury.
(Sec. 8) Authorizes appropriations for: (1) the capital security assistance program and for research for FY2007; (2) the operational security assistance program for FY2007-FY2009; and (3) intelligence sharing, including ISAC (without fiscal year limit). | {"src": "billsum_train", "title": "An original bill to authorize the Secretary of Homeland Security to award grants to public transportation agencies to improve security, and for other purposes."} | 2,521 | 542 | 0.643879 | 2.246908 | 0.69686 | 4.565815 | 4.785855 | 0.943026 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dam Safety Act of 2011''.
SEC. 2. PURPOSE.
The purpose of this Act is to reduce the risks to life and property
from dam failure in the United States through the reauthorization of an
effective national dam safety program that brings together the
expertise and resources of the Federal and non-Federal communities in
achieving national dam safety hazard reduction.
SEC. 3. AMENDMENTS TO THE NATIONAL DAM SAFETY PROGRAM ACT.
(a) Administrator.--
(1) In general.--The National Dam Safety Program Act (33
U.S.C. 467 et seq.) is amended by striking ``Director'' each
place it appears and inserting ``Administrator''.
(2) Conforming amendment.--Section 2(3) of such Act (33
U.S.C. 467(3)) is amended by striking ``(3) Director'' and
inserting ``(3) Administrator''.
(b) Inspection of Dams.--Section 3(b)(1) of such Act (33 U.S.C.
467a(b)(1)) is amended by striking ``or maintenance'' and inserting
``maintenance, condition, or provision for emergency operations''.
(c) National Dam Safety Program.--
(1) Objectives.--Section 8(c)(4) of such Act (33 U.S.C.
467f(c)(4)) is amended to read as follows:
``(4) develop and implement a comprehensive dam safety
hazard education and public awareness program to assist the
public in mitigating against, preparing for, responding to, and
recovering from dam incidents;''.
(2) Board.--Section 8(f)(4) of such Act (33 U.S.C.
467f(f)(4)) is amended by inserting ``, representatives from
nongovernmental organizations,'' after ``State agencies''.
(d) Authorization of Appropriations.--
(1) National dam safety program.--
(A) Annual amounts.--Section 13(a)(1) of such Act
(33 U.S.C. 467j(a)(1)) is amended by striking
``$6,500,000 for fiscal year 2007, $7,100,000 for
fiscal year 2008, $7,600,000 for fiscal year 2009,
$8,300,000 for fiscal year 2010, and $9,200,000 for
fiscal year 2011'' and inserting ``$7,100,000 for each
of fiscal years 2012 through 2015''.
(B) Maximum amount of allocation.--
(i) In general.--Section 13(a)(2)(B) of
such Act (33 U.S.C. 467j(a)(2)(B)) is amended
by striking ``50 percent of the reasonable cost
of implementing the State dam safety program''
and inserting ``the amount of funds committed
by the State to implement dam safety program
activities''.
(ii) Applicability.--The amendment made by
clause (i) shall apply to fiscal year 2013 and
each fiscal year thereafter.
(2) National dam inventory.--Section 13(b) of such Act (33
U.S.C. 467j(b)) is amended by striking ``$650,000 for fiscal
year 2007, $700,000 for fiscal year 2008, $750,000 for fiscal
year 2009, $800,000 for fiscal year 2010, and $850,000 for
fiscal year 2011'' and inserting ``$550,000 for each of fiscal
years 2012 through 2015''.
(3) Public awareness.--Section 13 of such Act (33 U.S.C.
467j) is amended--
(A) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(B) by inserting after subsection (b) the following
new subsection:
``(c) Public Awareness.--There is authorized to be appropriated to
carry out section 8(c)(4) $600,000 for each of fiscal years 2012
through 2015.''.
(4) Research.--Section 13(d) of such Act (as redesignated
by paragraph (3)) is amended by striking ``$1,600,000 for
fiscal year 2007, $1,700,000 for fiscal year 2008, $1,800,000
for fiscal year 2009, $1,900,000 for fiscal year 2010, and
$2,000,000 for fiscal year 2011'' and inserting ``$1,100,000
for each of fiscal years 2012 through 2015''.
(5) Dam safety training.--Section 13(e) of such Act (as
redesignated by paragraph (3)) is amended by striking
``$550,000 for fiscal year 2007, $600,000 for fiscal year 2008,
$650,000 for fiscal year 2009, $700,000 for fiscal year 2010,
and $750,000 for fiscal year 2011'' and inserting ``$750,000
for each of fiscal years 2012 through 2015''.
(6) Staff.--Section 13(f) of such Act (as redesignated by
paragraph (3)) is amended by striking ``$700,000 for fiscal
year 2007, $800,000 for fiscal year 2008, $900,000 for fiscal
year 2009, $1,000,000 for fiscal year 2010, and $1,100,000 for
fiscal year 2011'' and inserting ``$800,000 for each of fiscal
years 2012 through 2015''. | Dam Safety Act of 2011 [sic] - Amends the National Dam Safety Program Act to authorize appropriations for the national dam safety program for FY2012-FY2015.
Requires the head of a federal agency, at the request of a state dam safety agency with respect to any dam the failure of which would affect the state, to provide information to that agency on the dam's condition and on its provisions for emergency operations.
Includes as a program objective to develop and implement a comprehensive dam safety hazard education and public awareness program to assist the public in mitigating against, preparing for, responding to, and recovering from dam incidents.
Permits the Administrator, in consultation with the National Dam Safety Review Board, to invite representatives from nongovernmental organizations to participate in Board meetings.
Prohibits the amount of funds allocated to a state to carry out the dam safety program from exceeding the amount committed by the state to implement program activities (currently, 50% of the reasonable cost of implementing the state dam safety program). | {"src": "billsum_train", "title": "To reauthorize the National Dam Safety Program Act, and for other purposes."} | 1,206 | 221 | 0.580098 | 1.554922 | 0.783388 | 3.153846 | 4.948718 | 0.774359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Asset Inventory Reform
Act of 2014''.
SEC. 2. CADASTRE OF FEDERAL LAND.
(a) In General.--The Secretary shall develop and maintain a current
and accurate a multipurpose cadastre of Federal real property to
support Federal land management activities, including, but not limited
to: resource development and conservation, agricultural use, active
forest management, environmental protection, and use of real property.
(b) Cost-Sharing.--The Secretary may enter into cost-sharing
agreements with States to include any non-Federal lands in a State in
the cadastre. The Federal share of any such cost agreement shall not
exceed 50 percent of the total cost to a State for the development of
the cadastre of non-Federal lands in the State.
(c) Consolidation and Report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit a report
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate on--
(1) the existing real property inventories or any
components of any cadastre currently authorized by law or
conducted by the Department of the Interior, the statutory
authorization for such, and the amount expended by the Federal
Government for each such activity in fiscal year 2012;
(2) the existing real property inventories or any
components of any cadastre currently authorized by law or
conducted by the Department of the Interior that will be
eliminated or consolidated into the multipurpose cadastre
authorized by this Act;
(3) the existing real property inventories or any
components of a cadastre currently authorized by law or
conducted by the Department of the Interior that will not be
eliminated or consolidated into the multipurpose cadastre
authorized by this Act, together with a justification for not
terminating or consolidating such in the multipurpose cadastre
authorized by this Act;
(4) the use of existing real property inventories or any
components of any cadastre currently conducted by any unit of
State or local government that can be used to identify Federal
real property within such unit of government;
(5) the cost-savings that will be achieved by eliminating
or consolidating duplicative or unneeded real property
inventories or any components of a cadastre currently
authorized by law or conducted by the Department of the
Interior that will become part of the multipurpose cadastre
authorized by this Act;
(6) in consultation with the Director of the Office of
Management and Budget, the Administrator of the General
Services Administration, and the Comptroller General of the
United States, conduct the assessment required by paragraphs
(1) through (5) of this subsection with regard to all cadastres
and inventories authorized, operated or maintained by all other
Executive agencies of the Federal Government; and
(7) recommendations for any legislation necessary to
increase the cost-savings and enhance the effectiveness and
efficiency of replacing, eliminating, or consolidating real
property inventories or any components of a cadastre currently
authorized by law or conducted by the Department of the
Interior.
(d) Coordination.--
(1) In general.--In carrying out this section, the
Secretary shall--
(A) participate, pursuant to section 216 of Public
Law 107-347, in the establishment of such standards and
common protocols as are necessary to assure the
interoperability of geospatial information pertaining
to the cadastre for all users of such information;
(B) coordinate with, seek assistance and
cooperation of, and provide liaison to the Federal
Geographic Data Committee pursuant to Office of
Management and Budget Circular A-16 and Executive Order
12906 for the implementation of and compliance with
such standards as may be applicable to the cadastre;
(C) make the cadastre interoperable with the
Federal Real Property Profile established pursuant to
Executive Order 13327;
(D) integrate with and leverage to the maximum
extent practicable current cadastre activities of units
of State and local government; and
(E) use contracts with the private sector, to the
maximum extent practicable, to provide such products
and services as are necessary to develop the cadastre.
(2) Contracts considered surveying and mapping.--Contracts
entered into under paragraph (1)(E) shall be considered
``surveying and mapping'' services as such term is used and as
such contracts are awarded in accordance with the selection
procedures in title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 1101 et seq.).
SEC. 3. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Cadastre.--The term ``cadastre'' means an inventory of
real property of the Federal Government developed through
collecting, storing, retrieving, or disseminating graphical or
digital data depicting natural or man-made physical features,
phenomena, or boundaries of the earth and any information
related thereto, including surveys, maps, charts, satellite and
airborne remote sensing data, images, and services, with
services performed by professionals such as surveyors,
photogrammetrists, hydrographers, geodesists, cartographers,
and other such services of an architectural or engineering
nature including the following data layers:
(A) A reference frame consisting of a current
geodetic network.
(B) A series of current, accurate large scale maps.
(C) An existing cadastral boundary overlay
delineating all cadastral parcels.
(D) A system for indexing and identifying each
cadastral parcel.
(E) A series of land data files, each including the
parcel identifier, which can be used to retrieve
information and cross reference between and among other
data files, which contains information about the use,
assets and infrastructure of each parcel, and shall
also designate any parcels that the Secretary
determines can be better managed through ownership by a
non-Federal entity including but not limited to State
government, local government, Tribal government,
nonprofit organizations, or the private sector.
(3) Real property.--The term ``real property'' means real
estate consisting of land, buildings, crops, forests, or other
resources still attached to or within the land or improvements
or fixtures permanently attached to the land or a structure on
it, including any interest, benefit, right, or privilege in
such property.
SEC. 4. TRANSPARENCY AND PUBLIC ACCESS.
The Secretary shall--
(1) make the cadastre publically available on the internet
in a graphically geo-enabled and searchable format;
(2) ensure that the inventory referred to in section 2
includes the identification of all lands and parcels suitable
for disposal by Resource Management Plans conducted for
pursuant to the Federal Land Policy and Management Act of 1976
(FLPMA, 43 U.S.C. 1711 et. seq.); and
(3) in consultation with the Secretary of Defense and the
Secretary of Homeland Security, prevent the disclosure of any
parcel or parcels of land, and buildings or facilities thereon,
or information related thereto, if such disclosure would impair
or jeopardize the national security or homeland defense of the
United States.
SEC. 5. RIGHT OF ACTION.
Nothing in this Act shall create any substantive or procedural
right or benefit. | Federal Land Asset Inventory Reform Act of 2014 - (Sec. 2) Directs the Secretary of the Interior to develop and maintain a current, accurate multipurpose cadastre of federal real property (an inventory of real property of the federal government) to assist with federal land management activities, including, but not limited to, resource development and conservation, travel management, agricultural use, active forest management, environmental protection, and use of real property. Authorizes the Secretary to enter into cost-sharing agreements with states to include any non-federal lands in a state in such cadastre. Limits the federal share of any such agreement to 50% of the total cost to a state for the development of the cadastre of the non-federal lands in the state. Requires Interior to submit a report, covering all cadastres and inventories authorized, operated, or maintained by all executive agencies, on: (1) existing real property inventories or any components of any cadastre, (2) consolidation of inventories and components, (3) the use of existing inventories and components of any cadastre, (4) cost savings that will be achieved, and (5) recommendations for legislation. (Sec. 4) Requires Interior to: (1) make the cadastre available on the Internet in a graphically geo-enabled and searchable format; (2) ensure that the inventory required by this Act includes the identification of all lands and parcels suitable for disposal by Resource Management Plans conducted pursuant to the Federal Land Policy and Management Act of 1976; and (3) prevent the disclosure of any parcels of land, buildings or facilities thereon, or related information, if this would impair or jeopardize national security or homeland defense. | {"src": "billsum_train", "title": "Federal Land Asset Inventory Reform Act of 2014"} | 1,630 | 377 | 0.761238 | 2.615474 | 0.995594 | 5.356707 | 4.496951 | 0.966463 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Insurance Provides
Security (CHIPS) Act of 1997''.
SEC. 2. ENCOURAGING STATES THROUGH INCREASED FEDERAL MEDICAL ASSISTANCE
PERCENTAGE (FMAP) TO EXPAND MEDICAID COVERAGE OF CHILDREN
AND PREGNANT WOMEN.
(a) Increased FMAP for Medical Assistance for Certain
Individuals.--Section 1905 of the Social Security Act (42 U.S.C. 1396d)
is amended--
(1) in subsection (b), by adding at the end the following
new sentence: ``Notwithstanding the first sentence of this
subsection, in the case of a State plan that meets the
conditions described in subsection (t)(1), with respect to
expenditures for medical assistance for individuals within an
optional coverage group (as defined in subsection (t)(2)) the
Federal medical assistance percentage is equal to the enhanced
medical assistance percentage described in subsection
(t)(3).''; and
(2) by adding at the end the following new subsection:
``(t)(1) The conditions described in this paragraph for a State
plan are as follows:
``(A) The plan provides (either through exercise of the
option under section 1902(l)(1)(D) or authority under section
1902(r)(2)) for coverage under section 1902(l)(1)(D) of
individuals under 19 years of age, regardless of date of birth.
``(B) The plan provides under section 1902(e)(12) for
continuous eligibility for a period of 12 months (under
subparagraph (A) of such section) of all individuals under 19
years of age who are determined to be eligible for benefits
under a State plan approved under this title under section
1902(a)(10)(A).
``(2) For purposes of subsection (b), the term `optional coverage
group' means individuals described in each of the following
subparagraphs:
``(A) Pregnant women with family income between 133 percent
and 150 percent of poverty line.--Women described in
subparagraph (A) of section 1902(l)(1) whose family income
exceeds 133 percent, but does not exceed 150 percent, of the
poverty line for a family of the size involved.
``(B) Infants with family income between 133 percent and
150 percent of poverty line.--Infants described in subparagraph
(B) of section 1902(l)(1) whose family income exceeds 133
percent, but does not exceed 150 percent, of the poverty line
for a family of the size involved.
``(C) Children under 6 years of age with family income
between 133 percent and 150 percent of poverty line.--Children
described in subparagraph (C) of section 1902(l)(1) whose
family income exceeds 133 percent, but does not exceed 150
percent, of the poverty line for a family of the size involved.
``(D) Older children with family income between 100 percent
and 150 percent of poverty line.--Children described in
subparagraph (D) of section 1902(l)(1), who are not described
in any of subclauses (I) through (III) of section
1902(a)(10)(A)(i), and whose family income exceeds 100 percent,
but does not exceed 150 percent, of the poverty line for a
family of the size involved.
``(3) The enhanced medical assistance percentage described in this
paragraph for a State is equal to the Federal medical assistance
percentage (as defined in the first sentence of subsection (b)) for the
State increased (but not above 90 percent) by the number of percentage
points equal to 30 percent of the number of percentage points by which
(A) such Federal medical assistance percentage for the State, is less
than (B) 100 percent.''.
(b) State Option To Expand Eligibility to 150 Percent of Poverty
Line for Children Over 1 Year of Age.--Section 1902(l)(2) of such Act
(42 U.S.C. 1396a(l)(2)) is amended--
(1) in subparagraph (B), by striking ``equal to 133
percent'' and inserting ``a percentage (specified by the State
and not less than 133 percent and not more than 150 percent)'',
and
(2) in subparagraph (C), by striking ``equal to 100
percent'' and inserting ``a percentage (specified by the State
and not less than 100 percent and not more than 150 percent)''.
(c) Clarification of State Option To Cover All Children Under 19
Years of Age.--Section 1902(l)(1)(D) of such Act (42 U.S.C.
1396a(l)(1)(D)) is amended by inserting ``(or, at the option of a
State, after any earlier date)'' after ``children born after September
30, 1983''.
(d) State Option of Continuous Eligibility for 12 Months.--Section
1902(e) of such Act (42 U.S.C. 1396a(e)) is amended by adding at the
end the following new paragraph:
``(12) At the option of the State, the plan may provide that an
individual who is under an age specified by the State (not to exceed 19
years of age) and who is determined to be eligible for benefits under a
State plan approved under this title under subsection (a)(10)(A) shall
remain eligible for those benefits until the earlier of--
``(A) the end of a period (not to exceed 12 months)
following the determination; or
``(B) the time that the individual exceeds that age.''.
(e) Effective Date.--The amendments made by this section shall
apply to medical assistance for items and services furnished on or
after January 1, 1998.
SEC. 3. EMPLOYER CONTRIBUTIONS TO PREMIUMS.
(a) General Rule.--Any employer which elects to make employer
contributions on behalf of an individual who is an employee of such
employer, or who is a dependent of such employee, for health insurance
coverage shall not condition, or vary, such contributions with respect
to any such individual by reason of such individual's status as an
individual eligible for medical assistance under a State plan under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(b) Elimination of Contributions.--An employer shall not be treated
as failing to meet the requirements of subsection (a) if the employer
ceases to make employer contributions for health insurance coverage for
all its employees.
(c) Enforcement.--The enforcement provisions applicable to group
health insurance coverage under the amendments made by section
101(e)(2) of the Health Insurance Portability and Accountability Act of
1996 (Public Law 104-191; 110 Stat. 1952) shall apply with respect to
an employer that violates the provisions of this section in the same
manner as such provisions apply to employers under such amendments.
SEC. 4. GRANT PROGRAM TO PROMOTE OUTREACH EFFORTS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated, for each fiscal year beginning with fiscal year 1998 to
the Secretary of Health and Human Services, $25,000,000 for grants to
States, localities, and nonprofit entities to promote outreach efforts
to enroll eligible children under the medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) and related
programs.
(b) Use of Funds.--Funds under this section may be used to
reimburse States, localities, and nonprofit entities for additional
training and administrative costs associated with outreach activities.
Such activities include the following:
(1) Use of a common application form for federal child
assistance programs.--Implementing use of a single application
form (established by the Secretary and based on the model
application forms developed under subsections (a) and (b) of
section 6506 of the Omnibus Budget Reconciliation Act of 1989
(42 U.S.C. 701 note; 1396a note)) to determine the eligibility
of a child or the child's family (as applicable) for assistance
or benefits under the medicaid program and under other Federal
child assistance programs (such as the temporary assistance for
needy families program under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), the food stamp program,
as defined in section 3(h) of the Food Stamp Act of 1977 (7
U.S.C. 2012(h)), and the State program for foster care
maintenance payments and adoption assistance payments under
part E of title IV of the Social Security Act (42 U.S.C. 670 et
seq.)).
(2) Expanding outstationing of eligibility personnel.--
Providing for the stationing of eligibility workers at sites,
such as hospitals and health clinics, at which children receive
health care or related services.
(c) Application, Etc.--Funding shall be made available under this
section only upon the approval of an application by a State, locality,
or nonprofit entity for such funding and only upon such terms and
conditions as the Secretary specifies.
(d) Administration.--The Secretary may administer the grant program
under this section through the identifiable administrative unit
designated under section 509(a) of the Social Security Act (42 U.S.C.
709(a)) to promote coordination of medicaid and maternal and child
health activities and other child health related activities. | Children's Health Insurance Provides Security (CHIPS) Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to offer States which have Medicaid plans that provide for the following an enhanced Federal match: (1) Medicaid coverage of pregnant women under age 19, infants, and children with family income between 133 and 150 percent of the poverty line regardless of date of birth; and (2) continuous eligibility for them for a period of 12 months. Gives States the option to expand Medicaid eligibility to 150 percent of the poverty line for children over one year of age.
Prohibits any employer which elects to make employer contributions on behalf of an individual who is an employee of such employer, or who is a dependent of such employee, for health insurance coverage from conditioning, or varying, such contributions with respect to any such individual by reason of such individual's status as a Medicaid-eligible individual. Provides that an employer shall not be treated as failing to meet such requirements if the employer ceases to make employer contributions for health insurance coverage for all its employees. Makes the enforcement provisions applicable to group health insurance coverage under amendments made by the Health Insurance Portability and Accountability Act of 1996 applicable with respect to an employer that violates this paragraph in the same manner as this paragraph applies to employers under such amendments.
Authorizes appropriations to the Secretary of Health and Human Services for grants to States, localities, and nonprofit entities to promote outreach efforts to enroll eligible children under Medicaid and related programs. | {"src": "billsum_train", "title": "Children's Health Insurance Provides Security (CHIPS) Act of 1997"} | 2,149 | 322 | 0.530844 | 1.490485 | 0.749053 | 5.102041 | 6.190476 | 0.931973 |
SECTION 1. CONSERVATION HABITAT RESERVE PROGRAM.
(a) Establishment.--The Secretary shall enter into contracts in
accordance with this section with owners and operators of lands
suitable for conservation habitat, under which the owners and operators
manage the land for the protection of protected species in exchange for
cash payments from the Secretary.
(b) Contract Requirements.--
(1) Duties of owners and operators.--
(A) In general.--Each contract entered into under
this section with respect to land shall obligate the
owner or operator of the land--
(i) to implement a plan approved by the
Secretary, in consultation with the Secretary
of the Interior, for management of the land;
(ii) not to use the land in a manner that
is inconsistent with the purpose of the
contract; and
(iii) on the violation of a term or
condition of the contract at any time the owner
or operator has control of the land--
(I) to forfeit all rights to
receive rental payments and management
fees under the contract, if the
Secretary, after considering the
recommendations of the Secretary of the
Interior, determines that the violation
warrants termination of the contract;
or
(II) to refund to the Secretary, or
accept adjustments to, the rental
payments and management fees provided
to the owner or operator, as the
Secretary considers appropriate, if the
Secretary, after considering the
recommendations of the Secretary of the
Interior, determines that the violation
does not warrant termination of the
contract.
(B) Contents of plan.--The plan referred to in
subparagraph (A)(i) shall set forth--
(i) the management practices to be carried
out by the owner or operator of the land; and
(ii) any permitted use of the land.
(2) Duties of the secretary.--Each contract entered into
under this section shall obligate the Secretary--
(A) to pay the cost of carrying out the management
measures and practices set forth in the contract, to
the extent that the Secretary determines is appropriate
and in the public interest;
(B) for a period of years not in excess of the term
of the contract, to pay an annual rental payment in an
amount necessary to compensate for the conversion of
the land to, or use of the land for, conservation
habitat; and
(C) to provide technical assistance and management
training to assist the owner or operator in carrying
out the contract.
(3) Duration.--Each contract entered into under this
section shall be for a term of not fewer than 5 years and not
greater than 10 years.
(c) Other Rules Applicable to Contracts.--
(1) Modification.--The Secretary may modify a contract
entered into with an owner or operator under this section if
the owner or operator agrees to the modification.
(2) Renewal.--Notwithstanding subsection (g)(3)(C), the
Secretary may renew a contract entered into under this section
only if, at the time the contract would otherwise expire, a
protected species is occupying the land subject to the
contract.
(3) Termination.--The Secretary may terminate a contract
entered into with an owner or operator under this section if--
(A) the owner or operator agrees to the
termination; and
(B) the Secretary determines that the termination
would be in the public interest.
(4) Effect of transfer of ownership of land.--If, during
the term of a contract entered into under this section, an
owner or operator of land subject to the contract sells or
otherwise transfers the ownership or right of occupancy of the
land, the new owner or operator of the land may--
(A) notwithstanding subsection (g)(3)(C)--
(i) continue the contract under the same
terms or conditions; or
(ii) enter into a new contract in
accordance with this section; or
(B) elect not to participate in the program
established under this section.
(d) Limitations.--
(1) County impact.--The Secretary shall not, at any one
time, have in effect under this section contracts with respect
to more than 25 percent of the land or water in any one county,
except to the extent that the Secretary determines that doing
so would not adversely affect the local economy of the county.
(2) Recent changes in ownership.--
(A) 3-year rule.--The Secretary may not, on any
date, enter into a contract under this section with
respect to land the ownership of which has changed in
the immediately preceding 3-year period.
(B) Exceptions.--Subparagraph (A) shall not apply
to a change of ownership if--
(i) the change of ownership occurred by
reason of the operation of a will or by
succession as a result of the death of the
previous owner;
(ii) the change of ownership occurred
before January 1, 1995; or
(iii) the Secretary determines that the
change of ownership occurred under
circumstances which give adequate assurance
that the land was not acquired for the purpose
of placement in the program established under
this section.
(C) Rules of interpretation.--Subparagraph (A)
shall not be construed to--
(i) prohibit a new owner of land from
electing to assume the obligations of the
previous owner under a contract entered into
under this section with respect to the land,
and otherwise continue the contract in effect;
or
(ii) require a person, as a condition of
eligibility to enter into a contract under this
section with respect to land, to own the land
if the person--
(I) has operated the land for at
least 3 years preceding the date of the
contract or since January 1, 1995,
whichever is later; and
(II) will control the land for the
duration of the contract.
(e) Payments.--
(1) Determination of amount.--
(A) Incentive to participation.--In determining the
amount of annual rental payments to be paid under
contracts entered into under this section, the
Secretary may consider, among other things, the amount
necessary to encourage owners or operators to
participate in the program established by this section.
(B) Use of bids.--The Secretary may determine the
amounts payable to owners or operators in the form of
rental payments under contracts entered into under this
section, through the submission of bids in such manner
as the Secretary may prescribe.
(2) Timing.--
(A) In general.--The Secretary shall provide
payment for obligations incurred by the Secretary under
a contract entered into under this section--
(i) with respect to any cost for management
incurred by the Secretary, as soon as possible
after the obligation is incurred; and
(ii) with respect to any annual rental
payment obligation incurred by the Secretary--
(I) as soon as practicable after
October 1 of each calendar year; or
(II) at the discretion of the
Secretary, at any time before such date
during the year that the obligation is
incurred.
(B) Authority to make payments before determining
performance.--The Secretary may make payments under
this section before determining performance.
(3) Payments to third parties.--If an owner or operator who
is entitled to a payment under a contract entered into under
this section dies, becomes incompetent, is otherwise unable to
receive the payment, or is succeeded by another person who
renders or completes the performance required of the owner or
operator under the contract, the Secretary shall make the
payment, in accordance with regulations prescribed by the
Secretary and without regard to any other provision of law, in
such manner as the Secretary determines is fair and reasonable
in light of all of the circumstances.
(4) No effect on other payments.--Rental payments received
by an owner or operator under this section shall be in addition
to, and shall not affect, the total amount of payments that the
owner or operator is otherwise eligible to receive under this
section, the Agricultural Act of 1949, or other Federal law.
(f) Consultation With the Secretary of the Interior.--The Secretary
shall consult with the Secretary of the Interior on all determinations
and actions that are necessary to carry out this section.
(g) Definitions.--As used in this section:
(1) Land suitable for conservation habitat.--The term
``land suitable for conservation habitat'' means qualified
land--
(A) that is occupied by a protected species; or
(B) that--
(i) provides habitat which is suitable for
a protected species; and
(ii) is likely to be occupied by a
protected species for part of each year.
(2) Protected species.--The term ``protected species''
means any species that is--
(A) included in a list published pursuant to
section 4(c) of the Endangered Species Act of 1973; or
(B) proposed pursuant to such Act to be included in
such a list.
(3) Qualified land.--The term ``qualified land'' means land
that--
(A) as of January 1, 1995, was used for any
agricultural purpose;
(B) is covered by--
(i) a cooperative management agreement
provided for in section 6 of the Endangered
Species Act of 1973; or
(ii) a conservation plan provided for in
section 10(a) of such Act;
(C) is not the subject of a contract in effect
under this section; and
(D) is not the subject of a contract in effect
under chapter 1 of subtitle D of title XII of the Food
Security Act of 1985.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(h) Authority Subject to Appropriations.--The authority provided by
this section shall be exercised only to the extent and in the amounts
provided in advance in appropriations Acts. | Directs the Secretary of Agriculture to enter into contacts with owners and operators of agricultural land to provide conservation habitat for protected species. States that such contracts shall provide financing for conservation measures, rental payments, and technical assistance.
Sets forth provisions regarding land ownership transfer and county impact. | {"src": "billsum_train", "title": "To provide incentives for the owners and operators of agricultural land to provide habitat for protected species."} | 2,113 | 56 | 0.44401 | 1.140397 | 0.726082 | 1.709091 | 36.218182 | 0.836364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dam Rehabilitation and Repair Act of
2004''.
SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6), (7),
(8), (9), (19), (11), (12), and (13) as paragraphs (4), (5),
(6), (7), (8), (9), (10), (12), (13), (14), and (15),
respectively;
(2) by inserting after paragraph (2) the following:
``(3) Deficient dam.--The term `deficient dam' means a dam
that the State within the boundaries of which the dam is
located determines--
``(A) fails to meet minimum dam safety standards of
the State; and
``(B) poses an unacceptable risk to the public.'';
and
(3) by inserting after paragraph (10) (as redesignated by
paragraph (1)) the following:
``(11) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State dam safety and security
standards.''.
(b) Program for Rehabilitation and Repair of Deficient Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
``(a) Establishment of Program.--The Director shall establish,
within FEMA, a program to provide grant assistance to States for use in
rehabilitation of publicly-owned deficient dams.
``(b) Award of Grants.--
``(1) Application.--A State interested in receiving a grant
under this section may submit to the Director an application
for such grant. Applications submitted to the Director under
this section shall be submitted at such times, be in such form,
and contain such information, as the Director may prescribe by
regulation.
``(2) In general.--Subject to the provisions of this
section, the Director may make a grant for rehabilitation of a
deficient dam to a State that submits an application for the
grant in accordance with the regulations prescribed by the
Director. The Director shall enter into a project grant
agreement with the State to establish the terms of the grant
and the project, including the amount of the grant.
``(c) Priority System.--The Director, in consultation with the
Board, shall develop a risk-based priority system for use in
identifying deficient dams for which grants may be made under this
section.
``(d) Allocation of Funds.--The total amount of funds appropriated
pursuant to subsection (f)(1) for a fiscal year shall be allocated for
making grants under this section to States applying for such grants for
that fiscal year as follows:
``(1) One-third divided equally among applying States.
``(2) Two-thirds among applying States based on the ratio
that--
``(A) the number of non-Federal publicly-owned dams
that the Secretary of the Army identifies in the
national inventory of dams maintained under section 6
as constituting a danger to human health and that are
located within the boundaries of the State; bears to
``(B) the number of non-Federal publicly-owned dams
that are so identified and that are located within the
boundaries of all applying States.
``(e) Cost Sharing.--The Federal share of the cost of
rehabilitation of a deficient dam for which a grant is made under this
section may not exceed 65 percent of the cost of such rehabilitation.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section--
``(A) $50,000,000 for fiscal year 2006; and
``(B) $100,000,000 for each of fiscal years 2007
through 2009.
``(2) Staff.--There are authorized to be appropriated to
provide for the employment of such additional staff of FEMA as
are necessary to carry out this section $400,000 for each of
fiscal years 2006 through 2009.
``(3) Period of availability.--Sums appropriated pursuant
to this section shall remain available until expended.''.
SEC. 3. RULEMAKING.
(a) Proposed Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Director of the Federal Emergency Management
Agency shall issue a notice of proposed rulemaking regarding the
amendments made by section 2 to the National Dam Safety Program Act (33
U.S.C. 467 et seq.).
(b) Final Rule.--Not later than 120 days after the date of
enactment of this Act, the Director of the Federal Emergency Management
Agency shall issue a final rule regarding such amendments. | Dam Rehabilitation and Repair Act of 2004 - Amends the National Dam Safety Program Act to require the Director of the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to States for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams).
Sets forth provisions regarding procedures for grant awards and fund allocation. Requires the Director to develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the Federal share of rehabilitation costs to 65 percent. | {"src": "billsum_train", "title": "To amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams."} | 1,124 | 132 | 0.598346 | 1.480871 | 0.618724 | 4.070796 | 9.221239 | 0.884956 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Israel Against Economic
Discrimination Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United Nations Human Rights Council (UNHRC) has
long targeted Israel with systematic, politically motivated,
assaults on its legitimacy designed to stigmatize and isolate
Israel internationally.
(2) The UNHRC maintains a permanent agenda item known as
``Item 7'' to ensure that Israel will be criticized at every
gathering of the UNHRC.
(3) At its 31st session on March 24, 2016, the UNHRC
targeted Israel with a commercial boycott, calling for the
establishment of a database, such as a ``blacklist'', of
companies that operate, or have business relations with
entities that operate, beyond Israel's 1949 Armistice lines,
including East Jerusalem.
(4) For a half century, Congress has combatted anti-Israel
boycotts and other discriminatory activity under the Export
Administration Act of 1979 (as continued in effect under the
International Emergency Economic Powers Act), under the
Ribicoff Amendment to the Tax Reform Act, in free trade
agreements with Bahrain and Oman, and in Saudi Arabia's
accession negotiations to the World Trade Organization.
(5) The recent action of the UNHRC is reminiscent of the
Arab League Boycott which also called for the establishment of
a ``blacklist'' and promoted a primary, as well as a secondary
and tertiary, boycott against Israel, targeting United States
and other companies that trade or invest with or in Israel,
designed to harm Israel, any business operating in, or doing
business, with Israel, or companies that do business with
companies operating in Israel.
(6) Congress recently passed anti-boycott, divestment, and
sanctions measures in the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 (title I of Public
Law 114-26; 19 U.S.C. 4201 et seq.) and the Trade Facilitation
and Trade Enforcement Act of 2015 (Public Law 114-125), which
establish, among other things--
(A) the United States opposition to boycott,
divestment, and sanctions activity targeting Israel;
(B) requirements that the United States utilize
trade negotiations to combat state-led or international
governmental organization-led boycott, divestment, and
sanctions activity targeting Israel; and
(C) reporting requirements regarding the actions of
foreign countries or international organizations that
establish barriers to trade or investment for United
States companies in or with Israel.
SEC. 3. STATEMENT OF POLICY.
Congress opposes the United Nations Human Right Council resolution
of March 24, 2016, which urges countries to pressure their own
companies to divest from, or break contracts with, Israel, and calls
for the creation of a ``blacklist'' of companies that either operate,
or have business relations with entities that operate, beyond Israel's
1949 Armistice lines, including East Jerusalem, and views such policies
as a boycott of, divestment from, and sanctions against Israel.
SEC. 4. ADDITIONAL PROHIBITIONS RELATING TO FOREIGN BOYCOTTS UNDER
EXPORT ADMINISTRATION ACT OF 1979.
(a) Declaration of Policy.--Section 3(5) of the Export
Administration Act of 1979 (50 U.S.C. 4602(5)) (as continued in effect
under the International Emergency Economic Powers Act) is amended--
(1) in subparagraph (A) to read as follows:
``(A) to oppose--
``(i) restrictive trade practices or
boycotts fostered or imposed by foreign
countries, or requests to impose restrictive
trade practices or boycotts by foreign
countries, against other countries friendly to
the United States or against any United States
person; and
``(ii) restrictive trade practices or
boycotts fostered or imposed by any
international governmental organization, or
requests to impose restrictive trade practices
or boycotts by any international governmental
organization, against Israel;''; and
(2) in subparagraph (B), by striking ``which have the
effect'' and all the follows and inserting the following:
``which have the effect of furthering or supporting--
``(i) the restrictive trade practices or
boycotts fostered or imposed by any foreign
country, or requests to impose restrictive
trade practices or boycotts by any foreign
country, against a country friendly to the
United States or against any United States
person; and
``(ii) restrictive trade practices or
boycotts fostered or imposed by any
international governmental organization, or
requests to impose restrictive trade practices
or boycotts by any international governmental
organization, against Israel; and''.
(b) Foreign Boycotts.--Section 8 of the Export Administration Act
of 1979 (50 U.S.C. 4607) (as continued in effect under the
International Emergency Economic Powers Act) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``, or request to impose
any boycott by a foreign country,'' after ``a
foreign country'';
(ii) by inserting ``, or support any
boycott fostered or imposed by any
international governmental organization, or
request to impose any boycott by any
international governmental organization,
against Israel'' after ``pursuant to United
States law or regulation'';
(B) in subparagraph (A), by inserting ``or
international governmental organization (as the case
may be)'' after ``of the boycotting country''; and
(C) in subparagraph (D)--
(i) by inserting ``, or requesting the
furnishing of information,'' after ``Furnishing
information''; and
(ii) by inserting ``or with the
international governmental organization (as the
case may be)'' after ``in the boycotting
country''; and
(2) in subsection (c)--
(A) by inserting ``, or requests to impose
restrictive trade practices or boycotts by foreign
countries,'' after ``foreign countries''; and
(B) by inserting ``or restrictive trade practices
or boycotts fostered or imposed by any international
governmental organization, or requests to impose
restrictive trade practices or boycotts by any
international governmental organization, against
Israel'' before the period at the end.
(c) Violations of Section 8(a).--Section 11 of the Export
Administration Act of 1979 (50 U.S.C. 4610) (as continued in effect
under the International Emergency Economic Powers Act) is amended--
(1) in subsection (a), by inserting ``or (j)'' after
``subsection (b)''; and
(2) by adding at the end the following:
``(j) Violations of Section 8(a).--Whoever knowingly violates or
conspires to or attempts to violate any provision of section 8(a) or
any regulation, order, or license issued thereunder shall be fined in
accordance with section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705).''.
(d) Effective Date.--The amendments made by this section take
effect on the date of the enactment of this Act and apply with respect
to actions described in section 8(a) of the Export Administration Act
of 1979 (as continued in effect under the International Emergency
Economic Powers Act) taken or knowingly agreed to be taken on or after
such date of enactment.
SEC. 5. POLICY OF THE UNITED STATES RELATING TO BOYCOTT OF ISRAEL UNDER
EXPORT-IMPORT BANK ACT OF 1945.
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(B)) is amended in the sixth sentence by inserting after
``child labor),'' the following: ``or opposing policies and actions
that are politically motivated and are intended to penalize or
otherwise limit commercial relations specifically with citizens or
residents of Israel, entities organized under the laws of Israel, or
the Government of Israel,''.
SEC. 6. RULE OF CONSTRUCTION.
This Act and the amendments made by this Act are intended to
address and counter only acts of boycotts, divestment, and sanctions
against Israel. Nothing in this Act or any amendment made by this Act
shall be construed to alter the established policy of the United States
concerning final status issues associated with the Arab-Israel
conflict, including border delineation that can only be resolved
through direct negotiations between the parties.
SEC. 7. DEFINITIONS.
In this Act:
(1) Boycott of, divestment from, and sanctions against
israel.--The term ``boycott of, divestment from, and sanctions
against Israel'' means actions by states, nonmember states of
the United Nations, international governmental organizations,
or affiliated agencies of international governmental
organizations that are politically motivated and are intended
to penalize or otherwise limit commercial relations
specifically with Israel or persons doing business in Israel or
in Israeli-controlled territories.
(2) Politically motivated.--The term ``politically
motivated'' means actions to impede or constrain commerce with
Israel that are intended to coerce political action or impose
policy positions on Israel. | Protecting Israel Against Economic Discrimination Act of 2016 This bill declares that Congress opposes politically motivated boycotts, divestment from, and sanctions against Israel. The bill amends the Export Administration Act of 1979 to declare that it shall be U.S. policy to oppose: requests by foreign countries to impose restrictive practices or boycotts against other countries friendly to the United States or against U.S. persons; and restrictive trade practices or boycotts fostered or imposed by an international governmental organization, or requests to impose such practices or boycotts, against Israel. The bill prohibits U.S. persons engaged in interstate or foreign commerce from: requesting the imposition of any boycott by a foreign country against a country which is friendly to the United States; or supporting any boycott fostered or imposed by an international organization, or requesting imposition of any such boycott, against Israel. The bill amends the Export-Import Bank Act of 1945 to include as a reason for the Export-Import Bank to deny credit applications for the export of goods and services between the United States and foreign countries, opposition to policies and actions that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with citizens or residents of Israel, entities organized under the laws of Israel, or the Government of Israel. | {"src": "billsum_train", "title": "Protecting Israel Against Economic Discrimination Act of 2016"} | 2,083 | 284 | 0.549286 | 1.673296 | 0.989847 | 3.714876 | 7.640496 | 0.855372 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Help Small
Businesses Start and Grow Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TAX RELIEF
Sec. 101. Increase in amount allowed as deduction for start-up
expenditures.
Sec. 102. Standard deduction for business use of home.
Sec. 103. Increased meals and entertainment expense deduction for small
businesses.
Sec. 104. Two-year extension of bonus depreciation.
TITLE II--SMALL BUSINESS LOANS
Sec. 202. Small business direct lending program.
TITLE I--TAX RELIEF
SEC. 101. INCREASE IN AMOUNT ALLOWED AS DEDUCTION FOR START-UP
EXPENDITURES.
(a) In General.--Subsection (b) of section 195 of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(3) Special rule for taxable years beginning in 2009,
2010, or 2011.--In the case of a taxable year beginning in
2009, 2010, or 2011, paragraph (1)(A)(ii) shall be applied--
``(A) by substituting `$50,000' for `$5,000', and
``(B) by substituting `$75,000' for `$50,000'.''.
(b) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after the
date of the enactment of this Act.
SEC. 102. STANDARD DEDUCTION FOR BUSINESS USE OF HOME.
(a) In General.--Subsection (c) of section 280A of the Internal
Revenue Code of 1986 (relating to disallowance of certain expenses in
connection with business use of home, rental of vacation homes, etc.)
is amended by adding at the end the following new paragraph:
``(7) Standard home office deduction.--
``(A) In general.--In the case of an individual
that is allowed a deduction for the use of a home
office because of a use described in paragraphs (1),
(2), or (4) of this subsection, notwithstanding the
limitations of paragraph (5), if such individual elects
the application of this paragraph for the taxable year,
such individual shall be allowed a deduction equal to
the standard home office deduction for the taxable year
in lieu of the deductions otherwise allowable under
this chapter for such taxable year by reason of being
attributed to such use.
``(B) Standard home office deduction amount.--For
purposes of this paragraph, the standard home office
deduction is the lesser of--
``(i) $2,500, or
``(ii) the gross income derived from the
individual's trade or business for which such
use occurs.
``(C) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2010,
the dollar amount in subparagraph (B)(i) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `2009' for `1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence
shall be rounded to the nearest multiple of $100.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 103. INCREASED MEALS AND ENTERTAINMENT EXPENSE DEDUCTION FOR SMALL
BUSINESSES.
(a) In General.--Subsection (n) of section 274 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Increased percentage for small business expenses.--
``(A) In general.--In the case of expenses or items
described in paragraph (1) paid or incurred by the
taxpayer in carrying on an eligible trade or business,
such paragraph shall be applied by substituting `80
percent' for `50 percent'.
``(B) Eligible trade or business.--
``(i) In general.--For purposes of
subparagraph (A), the term `eligible trade or
business' means, with respect to any taxable
year, a trade or business (whether or not
incorporated) which employed an average of less
than 50 employees on business days during the
taxable year.
``(ii) Controlled groups.--For purposes of
clause (i), all persons treated as a single
employer under subsection (b), (c), (m), or (o)
of section 414 shall be treated as a single
employer.''.
(b) Effective Date.--The amendment made by this section shall apply
to expenses paid or incurred after the date of the enactment of this
Act.
SEC. 104. TWO-YEAR EXTENSION OF BONUS DEPRECIATION.
(a) In General.--Paragraph (2) of section 168(k) is amended--
(1) by striking ``January 1, 2011'' and inserting ``January
1, 2014'', and
(2) by striking ``January 1, 2010'' each place it appears
and inserting ``January 1, 2013''.
(b) Conforming Amendments.--
(1) The heading for subsection (k) of section 168 of such
Code is amended by striking ``January 1, 2010'' and inserting
``January 1, 2013''.
(2) The heading for clause (ii) of section 168(k)(2)(B) of
such Code is amended by striking ``pre-january 1, 2010'' and
inserting ``pre-january 1, 2013''.
(3) Paragraph (5) of section 168(l) is amended by striking
subparagraph (B), by adding ``and'' at the end of subparagraph
(A), and by redesignating subparagraph (C) as subparagraph (B).
(4) Subparagraph (C) of section 168(n)(2) of such Code is
amended by striking clause (ii), by adding ``and'' at the end
of clause (i), and by redesignating clause (iii) as clause
(ii).
(5) Subparagraph (B) of section 1400N(d)(3) of such Code is
amended by striking ``January 1, 2010'' and inserting ``January
1, 2013''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2009.
TITLE II--SMALL BUSINESS LOANS
SEC. 202. SMALL BUSINESS DIRECT LENDING PROGRAM.
(a) Establishment.--The Administrator of the Small Business
Administration shall establish and carry out a program under which the
Administrator is authorized to make loans directly to eligible small
business concerns (in this section referred to as the ``program'').
(b) Administration.--Except as otherwise provided under this
section and to the extent practicable, the Administrator of the Small
Business Administration shall carry out the program--
(1) using the administrative resources of the Small
Business Administration; and
(2) in a manner similar to the loan program under section
7(a) of the Small Business Act (15 U.S.C. 636(a)).
(c) Use of Loan Funds.--Amounts from a loan made under the program
may be used by a small business concern for the operation or expansion
of such concern or for any other purpose allowed under section 7(a) of
the Small Business Act (15 U.S.C. 636(a)).
(d) Loan Amount.--The maximum amount of a loan made under the
program shall be $1,500,000.
(e) Loan Term.--The maximum term for repayment of a loan made under
the program shall be 25 years.
(f) Loan Interest Rate.--The interest rate with respect to a loan
made under the program shall be the prime rate (as determined by the
Administrator of the Small Business Administration).
(g) Accountability.--
(1) SBA reports.--Not later than 30 days after the date of
enactment of this Act and every month thereafter, the
Administrator of the Small Business Administration shall submit
to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report describing--
(A) the number of loans made under the program;
(B) the amounts of loans made under the program;
(C) the uses of loans made under the program;
(D) repayment progress with respect to loans made
under the program;
(E) the default rate with respect to loans made
under the program; and
(F) other relevant information with respect to the
program.
(2) GAO reports.--
(A) Review.--The Comptroller General of the United
States shall conduct a review of the program to
evaluate the effectiveness of the program and identify
any waste or abuse relating to the program.
(B) Reports.--Not later than 90 days after the date
of enactment of this Act and quarterly thereafter, the
Comptroller General shall submit to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the
Senate a report describing the results of the review
conducted under subparagraph (A).
(h) Definitions.--In this section, the following definitions apply:
(1) Eligible small business concern.--The term ``eligible
small business concern'' means a small business concern that
the Administrator of the Small Business Administration
determines--
(A) is economically healthy;
(B) has good credit; and
(C) is unable to obtain a loan on reasonable terms
from a non-Federal source (which may be demonstrated
with respect to a small business concern by evidence
that a lender discontinued a line of credit of such
concern notwithstanding the good credit of such
concern).
(2) Small business concern.--The term ``small business
concern'' has the meaning given such term under section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator of the Small Business Administration
$10,000,000,000 to carry out the program, including the hiring of
necessary personnel.
(j) Termination.--The program shall terminate on the date that is 2
years after the date of enactment of this Act. | Help Small Businesses Start and Grow Act of 2010 - Amends the Internal Revenue Code to: (1) allow an increased tax deduction for business start-up expenditures in 2009, 2010, or 2011; (2) allow a standard tax deduction for the business use of a home; (3) increase the rate of the tax deduction for business meals and entertainment expenses; and (4) extend bonus depreciation allowances through 2012.
Directs the Administrator of the Small Business Administration (SBA) to: (1) establish and carry out a small business direct lending program; (2) report to the House and Senate Small Business Committees on the loan program, including the number and amount of loans made under the program. Requires the Comptroller General to evaluate the effectiveness of the program and identify any waste or abuse relating to the program. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase the amount allowed as a deduction for start-up expenditures, to provide a standard home office deduction, to increase the amount allowed as a deduction for meals and entertainment expenses of small businesses, and to extend bonus depreciation, and for other purposes."} | 2,411 | 170 | 0.540026 | 1.401174 | 0.847613 | 3.382716 | 13.141975 | 0.938272 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Liberty Protection Act of
1998''.
SEC. 2. PROTECTION OF RELIGIOUS EXERCISE.
(a) General Rule.--Except as provided in subsection (b), a
government shall not substantially burden a person's religious
exercise--
(1) in a program or activity, operated by a government,
that receives Federal financial assistance; or
(2) in or affecting commerce with foreign nations, among
the several States, or with the Indian tribes;
even if the burden results from a rule of general applicability.
(b) Exception.--A government may substantially burden a person's
religious exercise if the government demonstrates that application of
the burden to the person--
(1) is in furtherance of a compelling governmental
interest; and
(2) is the least restrictive means of furthering that
compelling governmental interest.
(c) Funding Not Affected.--Nothing in this section shall be
construed to authorize the United States to deny or withhold Federal
financial assistance as a remedy for a violation of this Act.
(d) State Policy Not Commandeered.--A government may eliminate the
substantial burden on religious exercise by changing the policy that
results in the burden, by retaining the policy and exempting the
religious exercise from that policy, or by any other means that
eliminates the burden.
(e) Definitions.--As used in this section--
(1) the term ``government'' means a branch, department,
agency, instrumentality, subdivision, or official of a State
(or other person acting under color of State law);
(2) the term ``program or activity'' means a program or
activity as defined in paragraph (1) or (2) of section 606 of
the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a); and
(3) the term ``demonstrates'' means meets the burdens of
going forward with the evidence and of persuasion.
SEC. 3. ENFORCEMENT OF THE FREE EXERCISE CLAUSE.
(a) Procedure.--If a claimant produces prima facie evidence to
support a claim of a violation of the Free Exercise Clause, the
government shall bear the burden of persuasion on all issues relating
to the claim, except any issue as to the existence of the burden on
religious exercise.
(b) Land Use Regulation.--
(1) Limitation on land use regulation.--No government shall
impose a land use regulation that--
(A) substantially burdens religious exercise,
unless the burden is the least restrictive means to
prevent substantial and tangible harm to neighboring
properties or to the public health or safety;
(B) denies religious assemblies a reasonable
location in the jurisdiction; or
(C) excludes religious assemblies from areas in
which nonreligious assemblies are permitted.
(2) Full faith and credit.--Adjudication of a claim of a
violation of this subsection in a non-Federal forum shall be
entitled to full faith and credit in a Federal court only if
the claimant had a full and fair adjudication of that claim in
the non-Federal forum.
(3) Nonpreemption.--Nothing in this subsection shall
preempt State law that is equally or more protective of
religious exercise.
(4) Nonapplication of other portions of this act.--Section
2 does not apply to land use regulation.
SEC. 4. JUDICIAL RELIEF.
(a) Cause of Action.--A person may assert a violation of this Act
as a claim or defense in a judicial proceeding and obtain appropriate
relief against a government. Standing to assert a claim or defense
under this section shall be governed by the general rules of standing
under article III of the Constitution.
(b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended--
(1) by inserting ``the Religious Liberty Protection Act of
1998,'' after ``Religious Freedom Restoration Act of 1993,'';
and
(2) by striking the comma that follows a comma.
(c) Prisoners.--Any litigation under this Act in which the claimant
is a prisoner shall be subject to the Prison Litigation Reform Act of
1995 (including provisions of law amended by that Act).
(d) Liability of Governments.--
(1) Liability of states.--A State shall not be immune under
the 11th amendment to the Constitution from a civil action, for
a violation of the Free Exercise Clause under section 3,
including a civil action for money damages.
(2) Liability of the united states.--The United States
shall not be immune from any civil action, for a violation of
the Free Exercise Clause under section 3, including a civil
action for money damages.
SEC. 5. RULES OF CONSTRUCTION.
(a) Religious Belief Unaffected.--Nothing in this Act shall be
construed to authorize any government to burden any religious belief.
(b) Religious Exercise Not Regulated.--Nothing in this Act shall
create any basis for regulation of religious exercise or for claims
against a religious organization, including any religiously affiliated
school or university, not acting under color of law.
(c) Claims to Funding Unaffected.--Nothing in this Act shall create
or preclude a right of any religious organization to receive funding or
other assistance from a government, or of any person to receive
government funding for a religious activity, but this Act may require
government to incur expenses in its own operations to avoid imposing a
burden or a substantial burden on religious exercise.
(d) Other Authority To Impose Conditions on Funding Unaffected.--
Nothing in this Act shall--
(1) authorize a government to regulate or affect, directly
or indirectly, the activities or policies of a person other
than a government as a condition of receiving funding or other
assistance; or
(2) restrict any authority that may exist under other law
to so regulate or affect, except as provided in this Act.
(e) Effect On Other Law.--Proof that a religious exercise affects
commerce for the purposes of this Act does not give rise to any
inference or presumption that the religious exercise is subject to any
other law regulating commerce.
(f) Severability.--If any provision of this Act or of an amendment
made by this Act, or any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder of this
Act, the amendments made by this Act, and the application of the
provision to any other person or circumstance shall not be affected.
SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED.
Nothing in this Act shall be construed to affect, interpret, or in
any way address that portion of the first amendment to the Constitution
prohibiting laws respecting an establishment of religion (referred to
in this section as the ``Establishment Clause''). Granting government
funding, benefits, or exemptions, to the extent permissible under the
Establishment Clause, shall not constitute a violation of this Act. As
used in this section, the term ``granting'', used with respect to
government funding, benefits, or exemptions, does not include the
denial of government funding, benefits, or exemptions.
SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT.
(a) Definitions.--Section 5 of the Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb-2) is amended--
(1) in paragraph (1), by striking ``a State, or subdivision
of a State'' and inserting ``a covered entity or a subdivision
of such an entity'';
(2) in paragraph (2), by striking ``term'' and all that
follows through ``includes'' and inserting ``term `covered
entity' means''; and
(3) in paragraph (4), by striking all after ``means,'' and
inserting ``an act or refusal to act that is substantially
motivated by a religious belief, whether or not the act or
refusal is compulsory or central to a larger system of
religious belief.''.
(b) Conforming Amendment.--Section 6(a) of the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking
``and State''.
SEC. 8. DEFINITIONS.
As used in this Act--
(1) the term ``religious exercise'' means an act or refusal
to act that is substantially motivated by a religious belief,
whether or not the act or refusal is compulsory or central to a
larger system of religious belief;
(2) the term ``Free Exercise Clause'' means that portion of
the first amendment to the Constitution that proscribes laws
prohibiting the free exercise of religion and includes the
application of that proscription under the 14th amendment to
the Constitution; and
(3) except as otherwise provided in this Act, the term
``government'' means a branch, department, agency,
instrumentality, subdivision, or official of a State, or other
person acting under color of State law, or a branch,
department, agency, instrumentality, subdivision, or official
of the United States, or other person acting under color of
Federal law. | Religious Liberty Protection Act of 1998 - Prohibits a State (or any person acting under color of State law) from placing a substantial burden upon a person's religious exercise: (1) in a State-operated program or activity that receives Federal financial assistance; or (2) in or affecting international or interstate commerce.
Declares that a State (or any person acting under color of State law) may substantially burden a person's religious exercise if such burden is: (1) in furtherance of a compelling governmental interest; and (2) the least restrictive means of furthering that compelling governmental interest.
Declares that nothing in this Act shall be construed to authorize the United States to deny or withhold Federal financial assistance as a remedy for a violation of this Act.
(Sec. 3) Places upon a State the burden of persuasion on all issues relating to an alleged violation supported by prima facie evidence of the Free Exercise Clause.
Prohibits a State from imposing a land use regulation that: (1) substantially burdens religious exercise; (2) denies religious assemblies a reasonable location; or (3) excludes religious assemblies from areas in which nonreligious assemblies are permitted. Declares that this Act does not preempt State law that is equally or more protective of religious exercise.
(Sec. 4) Subjects both a State and the Federal Government to liability for a violation of the Free Exercise Clause, including a civil action for money damages.
(Sec. 5) Emphasizes that this Act does not: (1) authorize a State to burden any religious belief; (2) create any basis for the regulation of religious exercise or for claims against a religious organization not acting under color of law; (3) create or preclude a right of any religious organization to receive State funding or assistance; (4) authorize State regulation of the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (5) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act.
(Sec. 6) Declares that nothing in this Act shall be construed to affect, interpret, or in any way address the Establishment Clause of the Constitution (prohibiting laws respecting an establishment of religion).
(Sec. 7) Amends the Religious Freedom Restoration Act of 1993 to repeal its applicability to the States and to make it applicable only to the Federal Government, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Redefines exercise of religion to mean an act or refusal to act that is substantially motivated by a religious belief, whether or not the act or refusal is compulsory or central to a larger system of religious belief. | {"src": "billsum_train", "title": "Religious Liberty Protection Act of 1998"} | 2,082 | 608 | 0.702508 | 2.235511 | 0.74544 | 5.251397 | 3.411546 | 0.92365 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Indian Land Transfer
Act''.
SEC. 2. LANDS HELD IN TRUST FOR VARIOUS TRIBES OF CALIFORNIA INDIANS.
(a) In General.--Subject to valid existing rights, all right,
title, and interest of the United States in and to the lands, including
improvements and appurtenances, described in a paragraph of subsection
(b) in connection with the respective tribe, band, or group of Indians
named in such paragraph are hereby declared to be held in trust by the
United States for the benefit of such tribe, band, or group. Real
property taken into trust pursuant to this subsection shall not be
considered to have been taken into trust for gaming (as that term is
used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
(b) Lands Described.--The lands described in this subsection,
comprising approximately 3525.8 acres, and the respective tribe, band,
or group, are as follows:
(1) Pit river tribe.--Lands to be held in trust for the Pit
River Tribe are comprised of approximately 561.69 acres
described as follows:
Mount Diablo Base and Meridian
Township 42 North, Range 13 East
Section 3:
S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, 120 acres.
Township 43 North, Range 13 East
Section 1:
N\1/2\ NE\1/4\, 80 acres,
Section 22:
SE\1/4\ SE\1/4\, 40 acres,
Section 25:
SE\1/4\ NW\1/4\, 40 acres,
Section 26:
SW\1/4\ SE\1/4\, 40 acres,
Section 27:
SE\1/4\ NW\1/4\, 40 acres,
Section 28:
NE\1/4\ SW\1/4\, 40 acres,
Section 32:
SE\1/4\ SE\1/4\, 40 acres,
Section 34:
SE\1/4\ NW\1/4\, 40 acres,
Township 44 North, Range 14 East,
Section 31:
S\1/2\ SW\1/4\, 80 acres.
(2) Fort independence community of paiute indians.--Lands
to be held in trust for the Fort Independence Community of
Paiute Indians are comprised of approximately 200.06 acres
described as follows:
Mount Diablo Base and Meridian
Township 13 South, Range 34 East
Section 1:
W\1/2\ of Lot 5 in the NE\1/4\, Lot 3, E\1/2\ of Lot 4, and
E\1/2\ of Lot 5 in the NW\1/4\.
(3) Barona group of capitan grande band of mission
indians.--Lands to be held in trust for the Barona Group of
Capitan Grande Band of Mission Indians are comprised of
approximately 5.03 acres described as follows:
San Bernardino Base and Meridian
Township 14 South, Range 2 East
Section 7, Lot 15.
(4) Cuyapaipe band of mission indians.--Lands to be held in
trust for the Cuyapaipe Band of Mission Indians are comprised
of approximately 1,360 acres described as follows:
San Bernardino Base and Meridian
Township 15 South, Range 6 East
Section 21:
All of this section.
Section 31:
NE\1/4\, N\1/2\SE\1/4\, SE\1/4\SE\1/4\.
Section 32:
W\1/2\SW\1/4\, NE\1/4\SW\1/4\, NW\1/4\SE\1/4\.
Section 33:
SE\1/4\, SW\1/4\SW\1/4\, E\1/2\SW\1/4\.
(5) Manzanita band of mission indians.--Lands to be held in
trust for the Manzanita Band of Mission Indians are comprised
of approximately 1,000.78 acres described as follows:
San Bernardino Base and Meridian
Township 16 South, Range 6 East
Section 21:
Lots 1, 2, 3, and 4, S\1/2\.
Section 25:
Lots 2 and 5.
Section 28:
Lots, 1, 2, 3, and 4, N\1/2\SE\1/4\.
(6) Morongo band of mission indians.--Lands to be held in
trust for the Morongo Band of Mission Indians are comprised of
approximately 40 acres described as follows:
San Bernardino Base and Meridian
Township 3 South, Range 2 East
Section 20:
NW\1/4\ of NE\1/4\.
(7) Pala band of mission indians.--Lands to be held in
trust for the Pala Band of Mission Indians are comprised of
approximately 59.20 acres described as follows:
San Bernardino Base and Meridian
Township 9 South, Range 2 West
Section 13, Lot 1, and Section 14, Lots 1, 2, 3.
(8) Fort bidwell community of paiute indians.--Lands to be
held in trust for the Fort Bidwell Community of Paiute Indians
are comprised of approximately 299.04 described as follows:
Mount Diablo Base and Meridian
Township 46 North, Range 16 East
Section 8:
SW\1/4\SW\1/4\.
Section 19:
Lots 5, 6, 7.
S\1/2\NE\1/4\, SE\1/4\NW\1/4\, NE\1/4\SE\1/4\.
Section 20:
Lot 1.
SEC. 3. MISCELLANEOUS PROVISIONS.
(a) Proceeds From Rents and Royalties Transferred to Indians.--
Amounts which accrue to the United States after the date of the
enactment of this Act from sales, bonuses, royalties, and rentals
relating to any land described in section 2 shall be available for use
or obligation, in such manner and for such purposes as the Secretary
may approve, by the tribe, band, or group of Indians for whose benefit
such land is taken into trust.
(b) Notice of Cancellation of Grazing Preferences.--Grazing
preferences on lands described in section 2 shall terminate 2 years
after the date of the enactment of this Act.
(c) Laws Governing Lands To Be Held In Trust.--Any lands which are
to be held in trust for the benefit of any tribe, band, or group of
Indians pursuant to this Act shall be added to the existing reservation
of the tribe, band, or group, and the official boundaries of the
reservation shall be modified accordingly. These lands shall be subject
to the laws of the United States relating to Indian land in the same
manner and to the same extent as other lands held in trust for such
tribe, band, or group on the day before the date of enactment of this
Act.
Passed the House of Representatives October 5, 1998.
Attest:
Clerk. | California Indian Land Transfer Act - Transfers all right, title, and interest of the United States in and to specified lands, including improvements and appurtenances, to be held in trust by the United States for the benefit of the following California Indian tribes: (1) the Pit River Tribe; (2) the Fort Independence and Fort Bidwell Communities of Paiute Indians; (3) the Barona Group of Capitan Grande Band of Mission Indians; and (4) the Cuyapaipe, Manzanita, Morongo, and Pala Bands of Mission Indians. Makes available for use by the tribes any rents and royalties from such lands accruing to the United States after enactment of this Act. Terminates grazing preferences on the lands two years after the date of the enactment of this Act. | {"src": "billsum_train", "title": "California Indian Land Transfer Act"} | 1,516 | 184 | 0.501721 | 1.588413 | 0.831592 | 4.013514 | 7.925676 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Landmine Removal Assistance Act''.
SEC. 2. ASSISTANCE PROGRAM.
(a) In General--The President shall carry out a program for
humanitarian purposes to improve awareness, detection, and clearance of
antipersonnel landmines and explosive ordnance.
(b) Forms of Assistance.--The President shall implement subsection
(a) by directing the Secretary of Defense, the Secretary of State, and
the Administrator of the United States Agency for International
Development to--
(1) provide personnel to instruct, educate, train, and
advise persons described in subsection (c) to improve
awareness, detection, and clearance of antipersonnel landmines
and explosive ordnance;
(2) provide financial assistance for expenses associated
with instructing, educating, training, and advising persons
described in subsection (c) regarding awareness, detection, and
clearance of antipersonnel landmines and explosive ordnance;
(3) provide technical assistance, equipment, and technology
regarding awareness, detection, and clearance of antipersonnel
landmines and explosive ordnance; and
(4) encourage participation of persons described in
subsection (c) in improving awareness, detection, and clearance
of antipersonnel landmines and explosive ordnance.
(c) Persons That May Receive Assistance.--Persons that may receive
instruction, education, training, advice, or other assistance under
this section include--
(1) foreign governments;
(2) international organizations;
(3) non-governmental organizations;
(4) humanitarian relief organizations;
(5) private voluntary organizations;
(6) the United Nations; and
(7) other persons the President considers appropriate.
SEC. 3. REPORTS.
(a) In General.--Not later than January 15, 1997, and annually
thereafter, the Secretary of State, the Secretary of Defense, and the
Administrator of the United States Agency for International Development
shall transmit to Congress a joint report which shall include--
(1) a description of the extent to which section 2 has been
implemented in the 12 months immediately preceding the report;
(2) a description of all financial expenditures made for
implementation of section 2 in the 12 months immediately
preceding the report;
(3) a description of measures proposed to implement section
2 in the 12 months immediately following the report;
(4) a unified proposed budget for implementation of section
2 for the 3 fiscal years immediately following the report;
(5) a 3-year plan, as required by subsection (b);
(6) a description of, and recommendations to improve,
Federal interagency coordination of efforts to detect and clear
antipersonnel landmines and explosive ordnance;
(7) recommendations to coordinate United States
international and domestic efforts to detect, clear, and
dispose of explosive ordnance; and
(8) recommendations for developing technology to make
antipersonnel landmines and explosive ordnance easier to detect
and to decrease the cost of clearing antipersonnel landmines
and explosive ordnance.
(b) 3-Year Plan.--The initial report required by subsection (a),
and every 3 years thereafter the annual report required by subsection
(a), shall contain a description of the measures which the Secretary of
Defense, the Secretary of State, and the Administrator of the United
States Agency for International Development plan to use to implement
section 2 during the 3 years immediately following the report.
SEC. 4. LIMITATION ON UNITED STATES MILITARY PERSONNEL.
The President shall ensure that no member of the Armed Forces of
the United States, while providing assistance under this Act--
(1) engages in the physical detection, lifting, or
destruction of antipersonnel landmines or explosive ordnance
(unless such member does so for the concurrent purpose of
supporting a United States military operation); or
(2) provides such assistance as part of a military
operation that does not involve the Armed Forces of the United
States.
SEC. 5. ANTIPERSONNEL LANDMINE DEFINED.
For the purposes of this Act the term ``antipersonnel landmine''
means any munition placed under, on, or near the ground or other
surface area, delivered by artillery, rocket, mortar, or similar means,
or dropped from an aircraft and which is designed, constructed, or
adapted to be detonated or exploded by the presence, proximity, or
contact of a person.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Notwithstanding any other provision of law (including any provision
of law enacted after the date of the enactment of this Act), funds
appropriated for the Department of Defense for Overseas Humanitarian,
Disaster, and Civic Aid for any fiscal year, which are available for
activities related to awareness, detection, or clearance of
antipersonnel landmines or explosive ordnance shall remain available
until expended unless in the Act appropriating such funds the matter
specifically relating to Overseas Humanitarian, Disaster, and Civic Aid
states otherwise. | Landmine Removal Assistance Act - Directs the President to carry out a humanitarian program (including technical and financial assistance to foreign governments, the United Nations, and specified kinds of humanitarian and international organizations) to improve awareness, detection, and clearance of antipersonnel landmines and explosive ordnance. Requires an annual joint report of the Secretary of State, Secretary of Defense, and the Administrator of the U.S. Agency for International Development to the Congress with respect to such program.
Prohibits the use of U.S. armed forces in: (1) the detection, lifting, or destruction of antipersonnel landmines or explosive ordnance (unless it is done to support a U.S. military operation); or (2) providing such assistance as part of a military operation that does not involve U.S. armed forces.
Authorizes appropriations. | {"src": "billsum_train", "title": "Landmine Removal Assistance Act"} | 1,097 | 192 | 0.659548 | 1.985338 | 0.948162 | 3.196078 | 6.457516 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Trauma Institute Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Wars have always generated technological and medical
advances.
(2) Trauma is the number one killer of the Nation's
fighting soldiers, having caused over 20,000 injuries and over
3500 deaths in the Global War on Terror.
(3) In the United States, civilian trauma is the leading
cause of death from ages 1 to 44 and is responsible for over
160,000 deaths annually.
(4) Each year trauma accounts for 37 million emergency
department visits and 2.6 million hospital admissions.
(5) Trauma is a disease affecting all ages of people, and
the impact of life years lost is 4 times greater than heart
disease or cancer.
(6) Injuries in a single year will ultimately cost the
United States $406 billion, with $326 billion in lost
productivity and $80.2 billion in medical costs (representing
approximately 6 percent of total annual health expenditures).
(7) By the year 2020, injury will equal or surpass
communicable diseases as the number one world-wide cause of
disability-adjusted life years lost.
(8) While the mechanisms of injury are different, military
and civilian trauma casualties are treated similarly, thus
improvements gained by focused, relevant trauma research in
each group will benefit both.
(9) Despite these alarming facts, within the context of
years of potential life lost, the National Institutes of Health
support ratio for HIV is $3.51, for cancer is $1.65, and for
trauma is $0.10 cents.
(10) Despite a mandate to promote research directed toward
specific health issues relevant to the military forces, the
Peer Reviewed Medical Research Program within the
Congressionally Directed Medical Research Programs has spent
less than a third of funding on trauma research.
(11) Among more than two dozen research institutes at the
National Institutes of Health, none is devoted to trauma. The
National Trauma Institute (NTI) in San Antonio, Texas, can fill
the gap by setting a comprehensive research agenda to award
grants to the best researchers in the country.
(12) By 2011, two NTI partners, Brooke Army Medical Center
and Wilford Hall Medical Center will combine through the base
realignment and closure process to become the largest military
trauma research center in the world.
(13) NTI, as a consortium of civilian and Department of
Defense centers, is the natural starting point to translate
battlefield innovations to civilians at home.
(14) NTI, as a centralized institute to coordinate a
national trauma research agenda, will substantially reduce the
number of injuries and deaths to the Nation's soldiers on the
battlefield and civilians at home.
SEC. 3. ESTABLISHMENT.
(a) Establishment.--The Secretary of Defense shall establish a
National Trauma Institute in San Antonio, Texas.
(b) Purposes.--The purposes of the Institute shall be--
(1) to develop and implement revolutionary medical
technologies to improve injury prevention and diagnosis,
survival, and quality of life for victims of trauma and burn
injury; and
(2) to implement a multidisciplinary, multi-center
collaborative research effort, including coordination of trauma
research carried out at--
(A) Wilford Hall Medical Center, San Antonio,
Texas;
(B) University Hospital, the University of Texas
Health Science Center, San Antonio, Texas; and
(C) Brooke Army Medical Center, San Antonio, Texas.
(c) Trauma Research.--The activities of the Institute shall include
research on the following:
(1) Injury prevention and education.
(2) More effective triage.
(3) Resuscitation.
(4) Early, effective treatment of compressible and non-
compressible bleeding.
(5) Improved burn care.
(6) Head injury.
(7) Tissue engineering and regenerative medicine.
(8) Orthopedics.
(9) Improved intensive care unit treatment and management.
(10) Enhanced rehabilitation and recovery.
(11) Outcomes.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of Defense
$100,000,000 for fiscal year 2009 for purposes of carrying out the
activities of the National Trauma Institute as described in this Act.
Such funds shall not be available for general administrative expenses
of the Secretary of Defense. | National Trauma Institute Act - Directs the Secretary of Defense to establish a National Trauma Institute in San Antonio, Texas.
States that the Institute shall: (1) develop medical technologies to improve injury prevention and diagnosis, survival, and quality of life for victims of trauma and burn injury; and (2) implement a multidisciplinary, multi-center collaborative research effort, including coordination of trauma research carried out at Wilford Hall Medical Center, San Antonio, Texas, University Hospital, the University of Texas Health Science Center, San Antonio, Texas, and Brooke Army Medical Center, San Antonio, Texas. | {"src": "billsum_train", "title": "To require the Secretary of Defense to establish a National Trauma Institute."} | 917 | 121 | 0.510429 | 1.631607 | 0.579853 | 6.689655 | 7.793103 | 0.982759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers' Health Insurance
Protection Act of 2005''.
SEC. 2. LIMITATION ON PREMIUM INCREASES FOR REINSTATED HEALTH INSURANCE
OF SERVICEMEMBERS RELEASED FROM ACTIVE MILITARY SERVICE.
(a) Premium Protection.--Section 704 of the Servicemembers Civil
Relief Act (50 U.S.C. App. 594) is amended by adding at the end the
following new subsection:
``(e) Limitation on Premium Increases.--
``(1) Premium protection.--The amount of the premium for
health insurance coverage that was terminated by a
servicemember and required to be reinstated under subsection
(a) may not be increased, for the balance of the period for
which coverage would have been continued had the coverage not
been terminated, to an amount greater than the amount
chargeable for such coverage before the termination.
``(2) Increases of general applicability not precluded.--
Paragraph (1) does not prevent an increase in premium to the
extent of any general increase in the premiums charged by the
carrier of the health care insurance for the same health
insurance coverage for persons similarly covered by such
insurance during the period between the termination and the
reinstatement.''.
(b) Technical Amendment.--Subsection (b)(3) of such section is
amended by striking ``if the'' and inserting ``in a case in which
the''.
SEC. 3. PRESERVATION OF EMPLOYER-SPONSORED HEALTH PLAN COVERAGE FOR
CERTAIN RESERVE-COMPONENT MEMBERS WHO ACQUIRE TRICARE
ELIGIBILITY.
(a) Continuation of Coverage.--Subsection (a)(1) of section 4317 of
title 38, United States Code, is amended by inserting after ``by reason
of service in the uniformed services,'' the following: ``or such person
becomes eligible for medical and dental care under chapter 55 of title
10 by reason of subsection (d) of section 1074 of that title,''.
(b) Reinstatement of Coverage.--Subsection (b) of such section is
amended--
(1) in paragraph (1)--
(A) by inserting after ``by reason of service in
the uniformed services,'' the following: ``or by reason
of the person's having become eligible for medical and
dental care under chapter 55 of title 10 by reason of
subsection (d) of section 1074 of that title,''; and
(B) by inserting ``or eligibility'' before the
period at the end of the first sentence; and
(2) by adding at the end the following new paragraph:
``(3) In the case of a person whose coverage under a health plan is
terminated by reason of the person having become eligible for medical
and dental care under chapter 55 of title 10 by reason of subsection
(d) of section 1074 of that title but who subsequently does not
commence a period of active duty under the order to active duty that
established such eligibility because the order is canceled before such
active duty commences, the provisions of paragraph (1) relating to any
exclusion or waiting period in connection with the reinstatement of
coverage under a health plan shall apply to such person's continued
employment, upon the termination of such eligibility for medical and
dental care under chapter 55 of title 10 that is incident to the
cancellation of such order, in the same manner as if the person had
become reemployed upon such termination of eligibility.''.
SEC. 4. TECHNICAL CORRECTIONS TO VETERANS BENEFITS IMPROVEMENT ACT OF
2004.
(a) Corrections.--Section 2101 of title 38, United States Code, as
amended by section 401 of the Veterans Benefits Improvement Act of 2004
(Public Law 108-454; 118 Stat. 3614), is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) a new subsection (c)
consisting of the text of subsection (c) of such section 2101
as in effect immediately before the enactment of such Act,
modified--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``paragraph (1), (2), or (3)'' and inserting
``subparagraph (A), (B), (C), or (D) of
paragraph (2)''; and
(ii) in the second sentence, by striking
``the second sentence'' and inserting
``paragraph (3)''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking
``paragraph (1)'' and inserting ``paragraph
(2)''; and
(ii) in the second sentence, by striking
``paragraph (2)'' and inserting ``paragraph
(3)''; and
(3) in subsection (a)(3), by striking ``subsection (c)'' in
the matter preceding subparagraph (A) and inserting
``subsection (d)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as of December 10, 2004, as if enacted immediately after
the enactment of the Veterans Benefits Improvement Act of 2004 on that
date.
SEC. 5. NOTIFICATION TO MEMBER'S SPOUSE OR NEXT OF KIN OF CERTAIN
ELECTIONS UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE
PROGRAM.
(a) Repeal.--Subsections (f) and (g) of section 1012 of division A
of the Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief Act, 2005 (Public Law 109-13),
and the amendments made by those subsections, are repealed, and
sections 1967 and 1970 of title 38, United States Code, shall be
applied as if those subsections had not been enacted.
(b) Notification Required.--Section 1967 of title 38, United States
Code, is amended by adding at the end the following new subsection:
``(f)(1)(A) Whenever a member who is eligible for insurance under
this subchapter executes a life insurance option specified in
subparagraph (B), the Secretary concerned shall notify the member's
spouse or, if the member is unmarried, the member's next of kin, in
writing, of the execution of that option.
``(B) A life insurance option referred to in subparagraph (A) is
any of the following:
``(i) An election under subsection (a)(2)(A) not to be
insured under this subchapter.
``(ii) An election under subsection (a)(3)(B) for insurance
of the member in an amount that is less than the maximum amount
provided under subsection (a)(3)(A)(i).
``(iii) An application under subsection (c) for insurance
coverage under this subchapter or for a change in the amount of
such insurance coverage.
``(iv) In the case of a married member, a designation under
section 1970(a) of this title of any person other than the
spouse or a child of the member as the beneficiary of the
member for any amount of insurance under this subchapter.
``(2) Whenever an unmarried member who is eligible for insurance
under this subchapter marries, the Secretary concerned shall notify the
member's spouse in writing as to whether the member is insured under
this subchapter. In the case of a member who is so insured, the
Secretary shall include with such notification--
``(A) if the member has made an election described in
paragraph (1)(B)(ii), notice that the amount of such insurance
is less than the maximum amount provided under subsection
(a)(3)(A)(i); and
``(B) if the member has designated a beneficiary other than
the spouse or a child of the member for any amount of such
insurance, notice that such a designation has been made.
``(3)(A) Notification of a spouse under paragraph (1) or (2), or of
any other person under paragraph (1), for purposes of this subsection
shall consist of a good faith effort to provide information to the
spouse or other person at the last address of the spouse or other
person known to the Secretary concerned.
``(B) Failure to provide such notification, or to provide such
notification in a timely manner, does not affect
the validity of any life insurance option referred to in paragraph
(1)(B).''.
Passed the House of Representatives May 23, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Servicemembers' Health Insurance Protection Act of 2005 - Amends the Servicemembers Civil Relief Act to entitle a servicemember ordered to active duty, upon release from active duty, to reinstatement of health insurance in effect on the day before service commenced without any premium increase for the balance of the period for which there would have been coverage had it not been terminated. Permits a health care insurance carrier to increase a servicemember's premium if there was general premium increase for similarly covered individuals during the period between the termination and the reinstatement.
Amends the Uniformed Services Employment and Reemployment Rights Act (USERRA) to preserve employer-sponsored health plan reinstatement rights for certain Reserve-component members who prior to entering active duty acquire TRICARE (a Department of Defense managed health care program) eligibility.
Makes technical corrections to the Veterans Benefits Improvement Act of 2004.
Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act, 2005 to repeal provisions revising codified law concerning elections of members to reduce or decline insurance, and the redesignation of beneficiaries, under the Servicemembers' Group Life Insurance (SGLI) program. Reinstates the codified provisions as if such amendments had not been enacted.
Requires that, whenever a member eligible for SGLI insurance executes a life insurance option (an option not to be insured, to be insured for less than the maximum coverage amount, or to designate a person other than a spouse or child as a beneficiary), the Secretary of the military department concerned shall notify the member's spouse or (if not married) next of kin of the execution of such option. Requires that, whenever an unmarried member who is eligible for such insurance marries, the Secretary concerned shall notify the member's spouse as to whether the member is insured under SGLI, what insurance coverage elections the member has made, and whether the member has designated a beneficiary other that the spouse or a child of such member. | {"src": "billsum_train", "title": "To amend the Servicemembers Civil Relief Act to limit premium increases on reinstated health insurance on servicemembers who are released from active military service, and for other purposes."} | 1,952 | 449 | 0.607057 | 1.82913 | 0.678056 | 3.275676 | 4.667568 | 0.886486 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Land Consolidation Act
Amendments of 2006''.
SEC. 2. DEFINITIONS.
Section 202 of the Indian Land Consolidation Act (25 U.S.C. 2201)
is amended--
(1) in paragraph (4)--
(A) by inserting ``(i)'' after ``(4)'';
(B) by striking ```trust or restricted interest in
land' or'' and inserting the following:
``(ii) `trust or restricted interest in land' or''; and
(C) in clause (ii) (as designated by subparagraph
(B)), by striking ``an interest in land, title to
which'' and inserting ``an interest in land, the title
to which interest''; and
(2) by striking paragraph (7) and inserting the following:
``(7) the term `land'--
``(A) means any real property; and
``(B) includes, for purposes of intestate
succession only under section 207(a) and only with
respect to any decedent who dies after July 20, 2007,
the interest of the decedent in any improvements
permanently affixed to a parcel of trust or restricted
lands (subject to any valid mortgage or other interest
in such an improvement) that was owned in whole or in
part by the decedent immediately prior to the death of
the decedent;''.
SEC. 3. DESCENT AND DISTRIBUTION.
Section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206)
is amended--
(1) in subsection (a)(2)(D)--
(A) in clause (i), by striking ``clauses (ii)
through (iv)'' and inserting ``clauses (ii) through
(v)''; and
(B) by striking clause (v) and inserting the
following:
``(v) Effect of subparagraph.--Nothing in
this subparagraph limits the right of any
person to devise any trust or restricted
interest pursuant to a valid will in accordance
with subsection (b).'';
(2) in subsection (c)(2), by striking ``the date that is''
and all that follows through the period at the end and
inserting the following: ``July 21, 2007.''; and
(3) in subsection (o)--
(A) in paragraph (3)--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii) and indenting the
clauses appropriately; and
(ii) by striking ``(3)'' and all that
follows through ``No sale'' and inserting the
following:
``(3) Request to purchase; consent requirements; multiple
requests to purchase.--
``(A) In general.--No sale''; and
(iii) by striking the last sentence and
inserting the following:
``(B) Multiple requests to purchase.--Except for
interests purchased pursuant to paragraph (5), if the
Secretary receives a request with respect to an
interest from more than 1 eligible purchaser under
paragraph (2), the Secretary shall sell the interest to
the eligible purchaser that is selected by the
applicable heir, devisee, or surviving spouse.'';
(B) in paragraph (4)--
(i) in subparagraph (A), by adding ``and''
at the end;
(ii) in subparagraph (B), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (C); and
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``auction and'';
(II) in clause (i), by striking
``and'' at the end;
(III) in clause (ii)--
(aa) by striking
``auction'' and inserting
``sale'';
(bb) by striking ``the
interest passing to such heir
represents'' and inserting ``,
at the time of death of the
applicable decedent, the
interest of the decedent in the
land represented''; and
(cc) by striking the period
at the end and inserting ``;
and''; and
(IV) by adding at the end the
following:
``(iii)(I) the Secretary is purchasing the
interest as part of the program authorized
under section 213(a)(1); or
``(II) after receiving a notice under
paragraph (4)(B), the Indian tribe with
jurisdiction over the interest is proposing to
purchase the interest from an heir who is not a
member, and is not eligible to become a member,
of that Indian tribe.'';
(ii) in subparagraph (B)--
(I) by striking ``(B)'' and all
that follows through ``such heir'' and
inserting the following:
``(B) Exception; nonapplicability to certain
interests.--
``(i) Exception.--Notwithstanding
subparagraph (A), the consent of the heir or
surviving spouse'';
(II) in clause (i), by inserting
``or surviving spouse'' before ``was
residing''; and
(III) by adding at the end the
following:
``(ii) Nonapplicability to certain
interests.--Subparagraph (A) shall not apply to
any interest in the estate of a decedent who
dies on or before July 20, 2007 (or the last
day of any applicable period of extension
authorized by the Secretary under subparagraph
(C)).''; and
(iii) by adding at the end the following:
``(C) Authority to extend period of
nonapplicability.--The Secretary may extend the period
of nonapplicability under subparagraph (B)(ii) for not
longer than 1 year if, by not later than July 2, 2007,
the Secretary publishes in the Federal Register a
notice of the extension.''.
Passed the Senate September 30 (legislative day, September
29), 2006.
Attest:
EMILY J. REYNOLDS,
Secretary. | Indian Land Consolidation Act Amendments of 2006 - Amends the Indian Land Consolidation Act (ILCA) to revise the meaning of land and improvements to specify that the term "permament improvement" to land subject to probate means only a decedent's interest in any improvement permanently affixed to a parcel of trust or restricted lands that was owned in whole or in part by the decedent immediately before his or her death.
Revises requirements for the purchase option at probate. Requires the Secretary, in the case of multiple requests to purchase an interest in a decedent's land, to sell the interest to the eligible purchaser selected by the applicable heir, devisee, or surviving spouse. Repeals the requirement for sale of such an interest by public auction or sealed bid.
Applies only to wills executed after July 20, 2007, the presumption of joint tenancy in the devise of trust or restricted interests in the same parcel of land to more than one person.
Provides that the threshold for an involuntary purchase at probate (5% of the entire undivided ownership of a parcel of land) refers to the interest of the decedent in the parcel at the time of death, rather than the interest passing to the heir. States that the only eligible purchasers of an interest in an involuntary sale at probate are: (1) the Secretary under the fractional interest acquisition program; or (2) the Indian tribe, where the interest would otherwise be inherited by a nonmember. Applies these new requirements only to interests in the estates of decedents who die after July 20, 2007. Authorizes the Secretary to postpone such application date for an additional year. | {"src": "billsum_train", "title": "A bill to amend the Indian Land Consolidation Act to modify certain requirements under that Act."} | 1,421 | 375 | 0.584643 | 1.937173 | 0.741048 | 2.358065 | 4.13871 | 0.790323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Need-Based Educational Aid Act of
2001''.
SEC. 2. AMENDMENT.
Section 568(d) of the Improving America's Schools Act of 1994 (15
U.S.C. 1 note) is amended by striking ``2001'' and inserting ``2008''.
SEC. 3. GAO STUDY AND REPORT.
(a) Study.--
(1) In general.--The Comptroller General shall conduct a study
of the effect of the antitrust exemption on institutional student
aid under section 568 of the Improving America's Schools Act of
1994 (15 U.S.C. 1 note).
(2) Consultation.--The Comptroller General shall have final
authority to determine the content of the study under paragraph
(1), but in determining the content of the study, the Comptroller
General shall consult with--
(A) the institutions of higher education participating
under the antitrust exemption under section 568 of the
Improving America's Schools Act of 1994 (15 U.S.C. 1 note)
(referred to in this Act as the ``participating
institutions'');
(B) the Antitrust Division of the Department of Justice;
and
(C) other persons that the Comptroller General determines
are appropriate.
(3) Matters studied.--
(A) In general.--The study under paragraph (1) shall--
(i) examine the needs analysis methodologies used by
participating institutions;
(ii) identify trends in undergraduate costs of
attendance and institutional undergraduate grant aid among
participating institutions, including--
(I) the percentage of first-year students receiving
institutional grant aid;
(II) the mean and median grant eligibility and
institutional grant aid to first-year students; and
(III) the mean and median parental and student
contributions to undergraduate costs of attendance for
first year students receiving institutional grant aid;
(iii) to the extent useful in determining the effect of
the antitrust exemption under section 568 of the Improving
America's Schools Act of 1994 (15 U.S.C. 1 note), examine--
(I) comparison data, identified in clauses (i) and
(ii), from institutions of higher education that do not
participate under the antitrust exemption under section
568 of the Improving America's Schools Act of 1994 (15
U.S.C. 1 note); and
(II) other baseline trend data from national
benchmarks; and
(iv) examine any other issues that the Comptroller
General determines are appropriate, including other types
of aid affected by section 568 of the Improving America's
Schools Act of 1994 (15 U.S.C. 1 note).
(B) Assessment.--
(i) In general.--The study under paragraph (1) shall
assess what effect the antitrust exemption on institutional
student aid has had on institutional undergraduate grant
aid and parental contribution to undergraduate costs of
attendance.
(ii) Changes over time.--The assessment under clause
(i) shall consider any changes in institutional
undergraduate grant aid and parental contribution to
undergraduate costs of attendance over time for
institutions of higher education, including consideration
of--
(I) the time period prior to adoption of the
consensus methodologies at participating institutions;
and
(II) the data examined pursuant to subparagraph
(A)(iii).
(b) Report.--
(1) In general.--Not later than September 30, 2006, the
Comptroller General shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives that contains the findings and conclusions
of the Comptroller General regarding the matters studied under
subsection (a).
(2) Identifying individual institutions.--The Comptroller
General shall not identify an individual institution of higher
education in information submitted in the report under paragraph
(1) unless the information on the institution is available to the
public.
(c) Recordkeeping Requirement.--
(1) In general.--For the purpose of completing the study under
subsection (a)(1), a participating institution shall--
(A) collect and maintain for each academic year until the
study under subsection (a)(1) is completed--
(i) student-level data that is sufficient, in the
judgment of the Comptroller General, to permit the analysis
of expected family contributions, identified need, and
undergraduate grant aid awards; and
(ii) information on formulas used by the institution to
determine need; and
(B) submit the data and information under paragraph (1) to
the Comptroller General at such time as the Comptroller General
may reasonably require.
(2) Non-participating institutions.--Nothing in this subsection
shall be construed to require an institution of higher education
that does not participate under the antitrust exemption under
section 568 of the Improving America's Schools Act of 1994 (15
U.S.C. 1 note) to collect and maintain data under this subsection.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
September 30, 2001.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Need-Based Educational Aid Act of 2001 - Amends the Improving America's Schools Act of 1994 to extend through FY 2008 the antitrust exemption for the award of need-based educational aid.Directs the Comptroller General to conduct a study of the effect of the exemption, including by examining the needs analysis methodologies used by participating institutions and identifying trends in undergraduate costs of attendance and institutional undergraduate grant aid among participating institutions. Requires that such study assess what effect the exemption has had on institutional undergraduate grant aid and parental contribution to undergraduate costs of attendance, including consideration of any changes in institutional undergraduate grant aid and parental contribution to undergraduate costs of attendance over time for institutions of higher education.Directs: (1) the Comptroller General to report to the House and Senate Judiciary Committees on its findings and conclusions without identifying an individual institution of higher education unless the information on the institution is publicly available; and (2) participating institutions to collect and maintain specified data and information (but does not require non-participating institutions of higher education to collect and maintain data). | {"src": "billsum_train", "title": "An act to amend the Improving America's Schools Act of 1994 to extend the favorable treatment of need-based educational aid under the antitrust laws, and for other purposes."} | 1,122 | 228 | 0.651658 | 2.030624 | 0.928253 | 3.990148 | 5.039409 | 0.926108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Warriors' Peer-Outreach Pilot
Program Act''.
SEC. 2. PILOT PROGRAM ON THE PROVISION OF OUTREACH AND SUPPORT SERVICES
TO VETERANS PURSUING HIGHER EDUCATION UNDER THE POST 9/11
EDUCATIONAL ASSISTANCE PROGRAM OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Pilot Program.--The Secretary of Veterans Affairs shall carry
out a three-year pilot program to provide outreach and support services
at institutions of higher learning (as that term is defined in section
3452(f) of title 38, United States Code) that are designed to promote
improved higher-education outcomes and the successful use of needed
services for veterans using their entitlement to educational assistance
under chapter 33 of title 38, United States Code, to pursue a program
of education leading to a degree at the institution of higher learning.
(b) Selection of Institutions.--
(1) Types of institutions.--The Secretary shall select
three institutions of higher learning at which the Secretary
shall carry out the pilot program under this section, as
follows:
(A) One four-year public university.
(B) One community college.
(C) One private, not-for-profit college.
(2) Other requirements.--To be eligible to participate in
the pilot program under this section, an institution shall--
(A) provide office space, the capability for
veterans described in subsection (c)(1) to use
information technology equipment, and appropriate
information-technology support services for the
individual who will provide peer-outreach and peer-
support services at such institution; and
(B) cooperate with the Secretary in providing such
data as the Secretary may require to evaluate the
effectiveness of the pilot program, as described in
subsection (c)(3).
(3) Priority for selection.--In selecting institutions of
higher learning for purposes of the pilot program under this
section, the Secretary shall give priority to--
(A) institutions of higher learning with existing
peer outreach programs for veteran students; and
(B) institutions of higher learning located in
States with large student veteran populations, as
determined by the Secretary.
(c) Program Requirements.--In carrying out the pilot program under
subsection (a), the Secretary shall--
(1) Provide peer-outreach and peer-support services to
veterans of Operation Enduring Freedom, Operation Iraqi Freedom
and Operation New Dawn who are students at an institution where
the Secretary carries out the pilot program, with particular
emphasis on assisting individuals who may have, or may be
having, difficulty in adjusting to such institution, or who may
need services or supports that such institution is not equipped
to provide, by employing veterans--
(A) who--
(i) are using their entitlement to
educational assistance under chapter 33 of
title 38, United States Code, to pursue a
program of education leading to a degree at the
institution of higher learning; or
(ii) have used their entitlement to
educational assistance under such chapter to
complete a program of education and graduate
from such an institution during the 18-month
period preceding the date on which the veteran
is hired to perform services under the pilot
program; and
(B) who have served on active duty in a theater of
combat operations (with special consideration given to
veterans who have recovered or are recovering from a
mental health condition).
(2) Provide for training veterans employed as described in
paragraph (1).
(3) Develop requirements and measures for assessing the
impact and effectiveness of the services provided under the
pilot program, including--
(A) developing and disseminating an online survey
instrument (designed to establish baseline data,
including data on need for services) to veterans
attending the institutions of higher education
described in paragraph (1) of this subsection;
(B) developing and disseminating (not earlier than
18 months after the start of the pilot program) a
follow-up online survey instrument (designed to gather
data, including data to assess engagement with peer-
support, experience accessing services, and adjustment
to higher education) other on the possible impact of
the program); and
(C) tabulating--
(i) the number of veterans who meet on an
individual basis with such peer;
(ii) the number of referrals such
individual makes; and
(iii) the outcome of such referrals.
(d) Duration.-- The authority of the Secretary to provide services
under the pilot program under this section shall terminate on the later
of the following dates:
(1) The date that is three years after the date of the
commencement of the pilot program.
(2) The date of the last day of the academic year that ends
not more than 180 days after the date that is three years after
the date of the commencement of the pilot program.
(e) Report.--Not later than nine months after the completion of the
pilot program under this section, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives a report on the pilot program. The report shall include
the following:
(1) A description of the implementation and operation of
the program.
(2) An evaluation of effectiveness of then peer-outreach
services provided under the program in--
(A) reducing the prevalence of veterans failing to
continue higher education pursuits using their
entitlement to educational assistance under chapter 33
of title 38, United States Code;
(B) improving other outcomes related to higher
education for veterans using such entitlement; and
(C) the use by such veterans of needed behavioral
health and other services.
(3) An analysis of the costs and benefits of the program.
(4) The Secretary's recommendations, if any, regarding an
extension or expansion of the program. | Warriors' Peer-Outreach Pilot Program Act - Directs the Secretary of Veteran Affairs (VA) to carry out a three-year pilot program to provide outreach and support services to veterans at institutions of higher learning that enable them to make more successful use of their entitlement to educational assistance. Requires the Secretary to select one four-year public university, one community college, and one private nonprofit college at which to conduct the pilot program. Requires the pilot program to provide peer-outreach and peer-support services to students at such institutions who are veterans of Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn by employing veterans who: (1) are using, or have successfully used, their entitlement to educational assistance; and (2) have served on active duty in a theater of combat operations. Directs the Secretary to provide training to the veterans employed by the pilot program and to develop requirements and measures for assessing the effectiveness of program services. | {"src": "billsum_train", "title": "Warriors' Peer-Outreach Pilot Program Act"} | 1,209 | 205 | 0.709917 | 1.989794 | 1.076774 | 4.313514 | 6.459459 | 0.940541 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tire Investment, Recovery and
Extension Act of 2007'' or the ``TIRE Act of 2007''.
SEC. 2. FINDINGS.
(1) The majority of rubber used by industry in the United
States is synthetic rubber that has been derived from
petroleum.
(2) The tire industry is the largest consumer of rubber in
the United States, using over 3 billion pounds of rubber
annually to produce over 250 million tires.
(3) Recycled rubber from scrap tires can be used in the
production of new tires at loadings exceeding 10 percent of the
weight of rubber in the tire if the particle size of the
recycled rubber is extremely fine (80 mesh/177 microns or
finer) and the particles are free from impurities such as steel
and fiber.
(4) On average, the United States can save a gallon of oil
for every tire produced incorporating 10 percent recycled
rubber.
(5) On average, for every pound of recycled rubber used as
an alternative to synthetic rubber, the United States will
prevent a pound of carbon dioxide from being released into the
atmosphere.
(6) An independent study has determined that air
permeability in a standard tire can be reduced by up to 50
percent when using recycled content. If recycled content is
used in every passenger car in the United States, it would
result in a fuel savings of up to 750 million gallons per year.
SEC. 3. CREDIT FOR PURCHASES BY VEHICLE FLEET OPERATORS OF TIRES MADE
FROM RECYCLED RUBBER.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 450. PURCHASES BY VEHICLE FLEET OPERATORS OF TIRES MADE FROM
RECYCLED RUBBER.
``(a) Allowance of Credit.--For purposes of section 38, in the case
of an eligible taxpayer, the recycled rubber tire credit determined
under this section is $3 for each qualified tire purchased by the
taxpayer during the taxable year for use on a highway motor vehicle
used in a trade or business of the taxpayer.
``(b) Dollar Limitation.--
``(1) In general.--The credit determined under this section
for any taxable year shall not exceed--
``(A) $10,000,000 in the case of taxable years
ending during the first year beginning after the date
of the enactment of this section,
``(B) $15,000,000 in the case of taxable years
ending during the 2nd such year,
``(C) $25,000,000 in the case of taxable years
ending during the 3rd, 4th, or 5th such year, and
``(D) except as provided in paragraph (2), zero
thereafter.
``(2) Carryover of unused limitation.--If the limitation
under this subsection for any taxable year (after the
application of this paragraph) exceeds the credit determined
under this section for such year, such limitation for the
succeeding taxable year shall be increased by the amount of
such excess. No amount may be carried under the preceding
sentence to any taxable year ending after the 6th year
beginning after the date of the enactment of this section.
``(3) Aggregate limitation.--In no event shall the
aggregate credit determined under this section for a taxpayer
for all taxable years exceed $100,000,000.
``(c) Eligible Taxpayer.--For purposes of this section, the term
`eligible taxpayer' means any person who regularly uses more than 100
vehicles in any trade or business of such person during the taxable
year.
``(d) Qualified Tire.--For purposes of this section--
``(1) In general.--The term `qualified tire' means--
``(A) any qualified new tire, and
``(B) any qualified retread tire.
``(2) Qualified new tire.--The term `qualified new tire'
means any tire (other than a retread tire) if--
``(A) the tire is manufactured in the United
States,
``(B) the original use of the tire begins with the
taxpayer, and
``(C) at least the new tire percentage of the total
weight of the rubber in the tire is attributable to
recycled rubber powder.
``(3) Qualified retread tire.--The term `qualified retread
tire' means any retread tire if--
``(A) the tire is of a type used on highway motor
vehicles having a gross vehicle weight rating of at
least 2,600 pounds,
``(B) the tire is retreaded in the United States,
``(C) the original use of the tire (after
retreading) begins with the taxpayer, and
``(D) at least the retread tire percentage of the
total weight of the rubber in the retread portion of
the tire is attributable to recycled rubber powder.
``(4) Recycled content percentages.--The new tire
percentage and the retread tire percentage shall be determined
in accordance with the following table:
------------------------------------------------------------------------
The retread
The new tire tire
``If the tire is purchased during-- percentage percentage
is-- is--
------------------------------------------------------------------------
the 1st year after the date of the enactment 8 10
of this section............................
the 2nd such year........................... 9 11
the 3rd such year........................... 10 12
the 4th such year........................... 11 13
the 5th such year........................... 12 14
------------------------------------------------------------------------
``(5) Recycled rubber powder.--The term `recycled rubber
powder' means recycled vulcanizate particulate rubber at a size
classification of 80 mesh or finer as defined in the ASTM
standard D5603-01.
``(e) Controlled Groups.--For purposes of this section, all persons
treated as a single employer under subsection (a) or (b) of section 52
or subsection (m) or (o) of section 414 shall be treated as one person,
and the dollar limitation applicable under subsection (b) for any
taxable year shall be allocated among such persons in proportion to
their purchases of qualified tires during such year.
``(f) Basis Adjustment.--For purposes of this subtitle, if a credit
is determined under this section with respect to any tire, the basis of
such tire shall be reduced by the amount of the credit so allowed.
``(g) Application of Section.--This section shall apply to tires
purchased during the 5-year period beginning on the day after the date
of the enactment of this section.''.
(b) Conforming Amendments.--
(1) Subsection (b) of section 38 of such Code is amended by
striking ``plus'' at the end of paragraph (30), by striking the
period at the end of paragraph (31) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(32) in the case of an eligible taxpayer (as defined in
section 45O(b)), the recycled rubber tire credit determined
under section 45O(a).''.
(2) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (35), by striking
the period at the end of paragraph (36) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(37) to the extent provided in section 45O(f).''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45O. Purchases by vehicle fleet operators of tires made from
recycled rubber.''.
(c) Effective Date.--The amendments made by this section shall
apply to purchases made after the date of the enactment of this Act in
taxable years ending after such date. | Tire Investment, Recovery and Extension Act of 2007 [sic]or the TIRE Act of 2007 [sic] - Amends the Internal Revenue Code to allow taxpayers who regularly use more than 100 vehicles a year in a trade or business (vehicle fleet operators) a tax credit for the purchase of new or retread tires made from recycled rubber. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax to vehicle fleet operators for purchasing tires made from recycled rubber."} | 1,864 | 82 | 0.577465 | 1.455339 | 0.841988 | 2.460317 | 26.015873 | 0.84127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Long-Term Care Hospital
Improvement Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Long-term care hospitals (in this section referred to
as ``LTCHs'') serve a valuable role in the post-acute care
continuum by providing care to medically complex patients
needing long hospital stays.
(2) The Medicare program should ensure that patients
receive post-acute care in the most appropriate setting. The
use of additional certification criteria for LTCHs, including
facility and patient criteria, will promote the appropriate
placement of severely ill patients into LTCHs. Further, patient
admission screening tools and continued stay and discharge
assessment tools can guide appropriate patient placement.
(3) Certain long-term care diagnosis related groups (LTC-
DRGs) are associated with higher severity of illness levels, as
measured by the APR-DRG system, and that patients grouped into
those LTC-DRGs are predicted to be appropriate for LTCH
services.
(4) Measuring and reporting on quality of care is an
important function of any Medicare provider and that a national
quality initiative for LTCHs should be similar to short-term
general acute care hospitals in the Medicare program.
(5) To conform the prospective payment system for LTCHs
with certain aspects of the prospective payment system for
short-term general acute care hospitals and promote payment
stability, the Secretary of Health and Human Services (in this
Act referred to as the ``Secretary'') should--
(A) perform an annual market basket update;
(B) conduct the LTC-DRG reweighting and wage level
adjustments in a budget neutral manner each year;
(C) not perform a proposed one-time budget
neutrality adjustment, and
(D) not extend the 25 percent limitation on
reimbursement of co-located hospital patient admissions
to freestanding LTCHs.
SEC. 3. NEW DEFINITION OF A LONG-TERM CARE HOSPITAL WITH FACILITY AND
PATIENT CRITERIA.
(a) Definition.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended by adding at the end the following new subsection:
``Long-Term Care Hospital
``(ccc) The term `long-term care hospital' means an institution
which--
``(1) is primarily engaged in providing inpatient care, by
or under the supervision of a physician, to medically complex
patients needing long hospital stays;
``(2) has an average inpatient length of stay (as
determined by the Secretary) for Medicare beneficiaries of
greater than 25 days, or as otherwise defined in section
1886(d)(1)(B)(iv);
``(3) satisfies the requirements of paragraphs (2) through
(9) of subsection (e), except the first sentence of paragraph
(9);
``(4) meets the following facility criteria:
``(A) the institution has a patient review process,
documented in the patient medical record, that screens
patients prior to admission, validates within 48 hours
of admission that patients meet admission criteria,
regularly evaluates patients throughout their stay, and
assesses the available discharge options when patients
no longer meet the continued stay criteria;
``(B) the institution applies a standard patient
assessment tool, as determined by the Secretary, that
is a valid clinical tool appropriate for this level of
care, uniformly used by all long-term care hospitals,
to measure the severity of illness and intensity of
service requirements for patients for the purposes of
making admission, continuing stay and discharge medical
necessity determinations taking into account the
medical judgment of the patient's physician, as
provided for under sections 1814(a)(3) and
1835(a)(2)(B);
``(C) the institution has active physician
involvement with patients during their treatment
through an organized medical staff, on-site physician
presence and physician review of patient progress on a
daily basis, and consulting physicians on call and
capable of being at the patient's side within a
moderate period of time, as determined by the
Secretary;
``(D) the institution has interdisciplinary team
treatment for patients, requiring interdisciplinary
teams of health care professionals, including
physicians, to prepare and carry out an individualized
treatment plan for each patient; and
``(E) the institution maintains a minimum staffing
level of licensed health care professionals, as
determined by the Secretary, to ensure that long-term
care hospitals provide an intensive level of care that
is sufficient to meet the needs of medically complex
patients needing long hospital stays; and
``(5) meets patient criteria relating to patient mix and
severity appropriate to the medically complex cases that long-
term care hospitals are uniquely designed to treat, as measured
under section 1886(m).''.
(b) New Patient Criteria for Long-Term Care Hospital Prospective
Payment.--Section 1886 of such Act (42 U.S.C. 1395ww) is amended by
adding at the end the following new subsection:
``(m) Patient Criteria for Prospective Payment to Long-Term Care
Hospitals.--
``(1) In general.--To be eligible for prospective payment
as a long-term care hospital, a long-term care hospital must
discharge the percentage established in paragraph (4) of each
hospital's total patients who are entitled to benefits under
part A and who were admitted with one or more of the medical
conditions specified in paragraph (2).
``(2) Selection of ltc-drgs.--The Secretary shall determine
the long-term care diagnosis related groups (LTC-DRGs) under
section 307(b) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000, that are associated
with a high severity of illness for the following specified
medical conditions:
``(A) Circulatory conditions.
``(B) Digestive, endocrine, and metabolic
conditions.
``(C) Infectious disease.
``(D) Neurological conditions.
``(E) Renal conditions.
``(F) Respiratory conditions.
``(G) Skin conditions.
``(H) Other medically complex conditions as defined
by the Secretary.
``(3) Change to different patient classification system.--
If the Secretary changes the patient classification system for
the long-term care hospital prospective payment system (LTCH
PPS) to a classification system other than the long-term care
diagnosis related group (LTC-DRG) system, the Secretary shall
determine the new patient classification categories that are
associated with a high severity of illness for the medical
conditions specified in paragraph (2) in a manner that
maintains the same proportion of Medicare discharges as the
long-term care diagnosis related groups (LTC-DRGs) in effect at
the time.
``(4) Percentage of medicare patient discharges.--
``(A) In general.--Subject to subparagraph (B), for
each long-term care hospital, the proportion of
discharges from the long-term care diagnosis related
groups (LTC-DRGs) determined under paragraph (2), or
other patient classification categories designated
pursuant to paragraph (3) if applicable, in a cost
reporting year must be a percentage, as determined by
the Secretary, that is not less than 50 percent and not
greater than 75 percent.
``(B) Transition period.--The Secretary shall
provide for a three-year transition period beginning on
October 1, 2007, for hospitals that were certified as
long-term care hospitals before such date. The
applicable proportion of cases in the first year of the
transition period shall be not less than 50 percent.
``(5) Noncompliance.--If a long-term care hospital in a
cost reporting year does not discharge more than the applicable
proportion of cases specified in paragraph (4), then the
hospital must demonstrate in a period of five out of six
consecutive months at the end of the hospital's next cost
reporting year that it meets the applicable proportion of cases
in paragraph (4). If the hospital cannot make such a
demonstration, then the hospital shall be paid for all cases
after the hospital's next cost reporting year as a subsection
(d) hospital under subsection (d).''.
(c) Negotiated Rulemaking to Develop LTCH Facility and Patient
Criteria.--The Secretary shall promulgate regulations to carry out the
amendments made by this section on an expedited basis and using a
negotiated rulemaking process under subchapter III of chapter 5 of
title 5, United States Code.
(d) Effective Date.--The amendments made by this section shall
apply to discharges occurring on or after October 1, 2007.
SEC. 4. LTCH QUALITY IMPROVEMENT INITIATIVE.
(a) Study to Establish Quality Measures.--The Secretary shall
conduct a study (in this section referred to as the ``study'') to
determine appropriate quality measures for Medicare patients receiving
care in LTCHs.
(b) Report.--The Secretary shall report to Congress by October 1,
2007, on the results of the study.
(c) Selection of Quality Measures.--Subject to subsection (e), the
Secretary shall choose 3 quality measures from the study to be reported
by LTCHs.
(d) Requirement for Submission of Data.--
(1) In general.--LTCHs must collect data on the three
quality measures chosen under subsection (c) and submit all
required quality data to the Secretary.
(2) Failure to submit data.--Any LTCH which does not submit
the required quality data to the Medicare program in any fiscal
year shall have the applicable LTCH market basket under section
1886 reduced by not more than 0.4 percent.
(e) Expansion of Quality Measures.--The Secretary may expand the
number of quality indicators required to be reported by LTCHs under the
study. If the Secretary adds other measures, the measures shall reflect
consensus among the affected parties. The Secretary may replace any
measures in appropriate cases, such as where all hospitals are
effectively in compliance or where measures have been shown not to
represent the best clinical practice.
(f) Availability of Data to Public.--The Secretary shall establish
procedures for making the quality data submitted under this section
available to the public.
SEC. 5. CONFORMING LTCH PPS UPDATES TO THE INPATIENT PPS.
(a) Requiring Annual Updates of Base Rates and Wage Indices and
Annual Updates and Reweighting of LTC-DRGs.--The second sentence of
section 307(b) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 is amended by inserting before
the period at the end the following: ``, and shall provide (consistent
with updating and reweighting provided for subsection (d) hospitals
under paragraphs (2)(B)(ii), (3)(D)(iii), and (3)(E) of section 1886 of
the Social Security Act) for an annual update under such system in
payment rates, in the wage indices (in a budget neutral manner), in the
classification and reweighting (in a budget neutral manner) of the
diagnosis-related groups applied under such system''. Pursuant to the
amendment made by paragraph (1), the Secretary shall provide annual
updates to the LTCH base rate, as is specified for the IPPS at section
1886(d)(2)(B)(ii) of the Social Security Act (42 U.S.C.
1395ww(d)(2)(B)(ii)). The Secretary shall annually update and reweight
the LTC-DRGs under section 307(b) of the Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection Act of 2000 or an alternative
patient classification system in a budget neutral manner, consistent
with such updating and reweighting applied under section
1886(d)(3)(D)(iii) of the Social Security Act (42 U.S.C.
1395ww(d)(3)(D)(iii)). The Secretary shall annually update wage levels
for LTCHs in a budget neutral manner, consistent with such annual
updating applied under section 1886(d)(3)(E) of the Social Security Act
(42 U.S.C. 1395ww(d)(3)(E)).
(b) Elimination of One-Time Budget Neutrality Adjustment.--The
Secretary shall not make a one-time prospective adjustment to the LTCH
PPS rates under section 412.523(d)(3) of title 42, Code of Federal
Regulations, or otherwise conduct any budget neutrality adjustment to
address such rates during the transition period specified in section
412.533 of such title from cost-based payment to the prospective
payment system for LTCHs.
(c) No Application of 25 Percent Patient Threshold Payment
Adjustment to Freestanding LTCHs.--The Secretary shall not extend the
25 percent (or applicable percentage) patient threshold payment
adjustment under section 412.534 of title 42, Code of Federal
Regulations, or any similar provision, to freestanding LTCHs. | Medicare Long-Term Care Hospital Improvement Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to prescribe requirements for a long-term care hospital (LTCH) and patient criteria for prospective payment to an LTCH.
Directs the Secretary of Health and Human Services to: (1) determine the LTCH diagnosis related groups (LTCH-DRGs) associated with a high severity of illness for specified medical conditions; and (2) study and report to Congress on appropriate quality measures for Medicare patients receiving care in LTCHs.
Directs the Secretary to choose three quality measures from the study for LTCHs to report.
Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 to require annual updates of LTCH base rates and wage indices and the reweighting of LTCH-DRGs.
Prohibits the Secretary from extending application of the 25% (or applicable percentage) patient threshold payment adjustment to freestanding LTCHs. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to ensure and foster continued patient quality of care by establishing facility and patient criteria for long-term care hospitals and related improvements under the Medicare Program."} | 2,864 | 220 | 0.661135 | 1.834155 | 0.793523 | 3.98324 | 14.301676 | 0.932961 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Driver's License
Security and Modernization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Minimum document requirements and issuance standards for
Federal recognition.
Sec. 4. Linking of databases.
Sec. 5. Trafficking in authentication features for use in false
identification documents.
Sec. 6. Grants to States.
Sec. 7. Authority.
Sec. 8. Repeal.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Driver's license.--The term ``driver's license'' means
a motor vehicle operator's license, as defined in section 30301
of title 49, United States Code.
(2) Identification card.--The term ``identification card''
means a personal identification card, as defined in section
1028(d) of title 18, United States Code, issued by a State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
the Trust Territory of the Pacific Islands, and any other
territory or possession of the United States.
SEC. 3. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR
FEDERAL RECOGNITION.
(a) Minimum Standards for Federal Use.--
(1) In general.--Beginning 3 years after the date of the
enactment of this Act, a Federal agency may not accept, for any
official purpose, a driver's license or identification card
issued by a State to any person unless the State is meeting the
requirements of this section.
(2) State certifications.--The Secretary shall determine
whether a State is meeting the requirements of this section
based on certifications made by the State to the Secretary.
Such certifications shall be made at such times and in such
manner as the Secretary, in consultation with the Secretary of
Transportation, may prescribe by regulation.
(b) Minimum Document Requirements.--To meet the requirements of
this section, a State shall include, at a minimum, the following
information and features on each driver's license and identification
card issued to a person by the State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver license or identification card
number.
(5) A digital photograph of the person.
(6) The person's address of principal residence.
(7) The person's signature.
(8) Physical security features designed to prevent
tampering, counterfeiting, or duplication of the document for
fraudulent purposes.
(9) A common machine-readable technology, with defined
minimum data elements.
(c) Minimum Issuance Standards.--
(1) In general.--To meet the requirements of this section,
a State shall require, at a minimum, presentation and
verification of the following information before issuing a
driver's license or identification card to a person:
(A) A photo identity document, except that a non-
photo identity document is acceptable if it includes
both the person's full legal name and date of birth.
(B) Documentation showing the person's date of
birth.
(C) Proof of the person's social security account
number or verification that the person is not eligible
for a social security account number.
(D) Documentation showing the person's name and
address of principal residence.
(2) Special requirements.--
(A) In general.--To meet the requirements of this
section, a State shall comply with the minimum
standards of this paragraph.
(B) Evidence of legal status.--A State shall
require, before issuing a driver's license or
identification card to a person, valid documentary
evidence that the person--
(i) is a citizen of the United States;
(ii) is an alien lawfully admitted for
permanent or temporary residence in the United
States;
(iii) has conditional permanent resident
status in the United States;
(iv) has a valid, unexpired nonimmigrant
visa or nonimmigrant visa status for entry into
the United States;
(v) has a pending or approved application
for asylum in the United States;
(vi) has entered into the United States in
refugee status;
(vii) has a pending or approved application
for temporary protected status in the United
States;
(viii) has approved deferred action status;
or
(ix) has a pending application for
adjustment of status to that of an alien
lawfully admitted for permanent residence in
the United States or conditional permanent
resident status in the United States.
(C) Temporary drivers' licenses and identification
cards.--
(i) In general.--If a person presents
evidence under any of clauses (iv) through (ix)
of subparagraph (B), the State may only issue a
temporary driver's license or temporary
identification card to the person.
(ii) Expiration date.--A temporary driver's
license or temporary identification card issued
pursuant to this subparagraph shall be valid
only during the period of time of the
applicant's authorized stay in the United
States or if there is no definite end to the
period of authorized stay a period of one year.
(iii) Display of expiration date.--A
temporary driver's license or temporary
identification card issued pursuant to this
subparagraph shall clearly indicate that it is
temporary and shall state the date on which it
expires.
(iv) Renewal.--A temporary driver's license
or temporary identification card issued
pursuant to this subparagraph may be renewed
only upon presentation of valid documentary
evidence that the status by which the applicant
qualified for the temporary driver's license or
temporary identification card has been extended
by the Secretary of Homeland Security.
(3) Applications for renewal, duplication, or reissuance.--
(A) Presumption.--For purposes of paragraphs (1)
and (2), a State shall presume that any driver's
license or identification card for which an application
has been made for renewal, duplication, or reissuance
has been issued in accordance with the provisions of
such paragraphs if, at the time the application is
made, the driver's license or identification card has
not expired or been canceled, suspended, or revoked.
(B) Limitation.--Subparagraph (A) shall not apply
to a renewal, duplication, or reissuance if the State
is notified by a local, State, or Federal government
agency that the person seeking such renewal,
duplication, or reissuance is neither a citizen of the
United States nor legally in the United States.
(4) Verification of documents.--To meet the requirements of
this section, a State shall implement the following procedures:
(A) Before issuing a driver's license or
identification card to a person, the State shall
verify, with the issuing agency, the issuance,
validity, and completeness of each document required to
be presented by the person under paragraph (1) or (2).
(B) The State shall not accept any foreign
document, other than an official passport, to satisfy a
requirement of paragraph (1) or (2).
(C) Not later than September 11, 2005, the State
shall enter into a memorandum of understanding with the
Secretary of Homeland Security to routinely utilize the
automated system known as Systematic Alien Verification
for Entitlements, as provided for by section 404 of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (110 Stat. 3009-664), to verify the legal
presence status of a person, other than a United States
citizen, applying for a driver's license or
identification card.
(d) Other Requirements.--To meet the requirements of this section,
a State shall adopt the following practices in the issuance of drivers'
licenses and identification cards:
(1) Employ technology to capture digital images of identity
source documents so that the images can be retained in
electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum
of 7 years or images of source documents presented for a
minimum of 10 years.
(3) Subject each person applying for a driver's license or
identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify a
renewing applicant's information.
(5) Confirm with the Social Security Administration a
social security account number presented by a person using the
full social security account number. In the event that a social
security account number is already registered to or associated
with another person to which any State has issued a driver's
license or identification card, the State shall resolve the
discrepancy and take appropriate action.
(6) Refuse to issue a driver's license or identification
card to a person holding a driver's license issued by another
State without confirmation that the person is terminating or
has terminated the driver's license.
(7) Ensure the physical security of locations where
drivers' licenses and identification cards are produced and the
security of document materials and papers from which drivers'
licenses and identification cards are produced.
(8) Subject all persons authorized to manufacture or
produce drivers' licenses and identification cards to
appropriate security clearance requirements.
(9) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance of
drivers' licenses and identification cards.
SEC. 4. LINKING OF DATABASES.
(a) In General.--To be eligible to receive any grant or other type
of financial assistance made available under this Act, a State shall
participate in the interstate compact regarding sharing of driver
license data, known as the ``Driver License Agreement'', in order to
provide electronic access by a State to information contained in the
motor vehicle databases of all other States.
(b) Requirements for Information.--A State motor vehicle database
shall contain, at a minimum, the following information:
(1) All data fields printed on drivers' licenses and
identification cards issued by the State.
(2) Motor vehicle drivers' histories, including motor
vehicle violations, suspensions, and points on licenses.
SEC. 5. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE
IDENTIFICATION DOCUMENTS.
Section 1028(a)(8) of title 18, United States Code, is amended by
striking ``false authentication features'' and inserting ``false or
actual authentication features''.
SEC. 6. GRANTS TO STATES.
(a) In General.--The Secretary may make grants to a State to assist
the State in conforming to the minimum standards set forth in this Act.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this Act.
SEC. 7. AUTHORITY.
(a) Participation of Secretary of Transportation and States.--All
authority to issue regulations, certify standards, and issue grants
under this Act shall be carried out by the Secretary, in consultation
with the Secretary of Transportation and the States.
(b) Extensions of Deadlines.--The Secretary may grant to a State an
extension of time to meet the requirements of section 3(a)(1) if the
State provides adequate justification for noncompliance.
SEC. 8. REPEAL.
Section 7212 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) is repealed. | Driver's License Security and Modernization Act - Prohibits a Federal agency from accepting a State-issued driver's license or identification card unless it includes certain information, including a digital photograph, a common machine-readable technology, and certain anti-fraud physical security features. Prescribes minimum license or identification card issuance standards and other special requirements (including requirements with respect to the issuance of temporary drivers' licenses and identification cards) States must meet.
Requires a State, among other things, to require, before issuing a driver's license or other identification card, valid documentary evidence that a person has: (1) U.S. citizenship; (2) lawful permanent residence in the United States; or (3) another specified lawful immigrant or nonimmigrant status.
Requires a State, to be eligible for a grant to assist it in conforming to such minimum standards, to participate in the interstate compact, "Driver License Agreement," in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States.
Repeals similar requirements contained in the Intelligence Reform and Terrorism Prevention Act of 2004. | {"src": "billsum_train", "title": "To establish and rapidly implement regulations for State driver's license and identification document security standards."} | 2,593 | 260 | 0.551854 | 1.602867 | 0.777621 | 3.351852 | 11.041667 | 0.898148 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Transparency, Patient
Access, and Effective Drug Enforcement Act of 2014''.
SEC. 2. SCHEDULING OF SUBSTANCES INCLUDED IN NEW FDA-APPROVED DRUGS.
Section 201 of the Controlled Substances Act (21 U.S.C. 811) is
amended by inserting after subsection (h) the following:
``(i) Within 45 days of receiving a recommendation from the
Secretary to add a drug or substance that has never been marketed in
the United States to a schedule under this title, the Attorney General
shall, without regard to the findings required by subsection (a) of
this section or section 202(b), issue an interim final rule, under the
exception for good cause described in subparagraph (B) of section
553(b) of title 5, United States Code, placing the drug or substance
into the schedule recommended by the Secretary. The interim final rule
shall be made immediately effective under section 553(d)(3) of title 5,
United States Code.''.
SEC. 3. ENHANCING NEW DRUG DEVELOPMENT.
Section 302 of the Controlled Substances Act (21 U.S.C. 822) is
amended by inserting after subsection (g) the following:
``(h)(1) A person who submits an application for registration to
manufacture or distribute a controlled substance in accordance with
this section may indicate on the registration application that the
substance will be used only in connection with clinical trials of a
drug in accordance with section 505(i) of the Federal Food, Drug, and
Cosmetic Act.
``(2) When an application for registration to manufacture or
distribute a controlled substance includes an indication that the
controlled substance will be used only in connection with clinical
trials of a drug in accordance with section 505(i) of the Federal Food,
Drug, and Cosmetic Act, the Attorney General shall--
``(A) make a final decision on the application for
registration within 180 days; or
``(B) provide notice to the applicant in writing of--
``(i) the outstanding issues that must be resolved
in order to reach a final decision on the application;
and
``(ii) the estimated date on which a final decision
on the application will be made.''.
SEC. 4. REGISTRATION PROCESS UNDER CONTROLLED SUBSTANCES ACT.
(a) Definitions.--
(1) Factors as may be relevant to and consistent with the
public health and safety.--Section 303 of the Controlled
Substances Act (21 U.S.C. 823) is amended by adding at the end
the following:
``(i) In this section, the phrase `factors as may be relevant to
and consistent with the public health and safety' means factors that
are relevant to and consistent with the findings contained in section
101.''.
(2) Imminent danger to the public health or safety.--
Section 304(d) of the Controlled Substances Act (21 U.S.C.
824(d)) is amended--
(A) by striking ``(d) The Attorney General'' and
inserting ``(d)(1) The Attorney General''; and
(B) by adding at the end the following:
``(2) In this subsection, the phrase `imminent danger to the public
health or safety' means that, in the absence of an immediate suspension
order, controlled substances will continue to be distributed or
dispensed by a registrant who knows or should know through fulfilling
the obligations of the registrant under this Act, or has reason to
believe that--
``(A) the dispensing is outside the usual course of
professional practice;
``(B) the distribution or dispensing poses a present or
foreseeable risk of adverse health consequences or death due to
the abuse or misuse of the controlled substances; or
``(C) the controlled substances will continue to be
diverted outside of legitimate distribution channels.''.
(b) Opportunity To Submit Corrective Action Plan Prior to
Revocation or Suspension.--Subsection (c) of section 304 of the
Controlled Substances Act (21 U.S.C. 824) is amended--
(1) by striking the last two sentences;
(2) by striking ``(c) Before'' and inserting ``(c)(1)
Before''; and
(3) by adding at the end the following:
``(2) An order to show cause under paragraph (1) shall--
``(A) contain a statement of the basis for the denial,
revocation, or suspension, including specific citations to any
laws or regulations alleged to be violated by the applicant or
registrant;
``(B) direct the applicant or registrant to appear before
the Attorney General at a time and place stated in the order,
but not less than 30 days after the date of receipt of the
order; and
``(C) notify the applicant or registrant of the opportunity
to submit a corrective action plan on or before the date of
appearance.
``(3) Upon review of any corrective action plan submitted by an
applicant or registrant pursuant to paragraph (2), the Attorney General
shall determine whether denial, revocation or suspension proceedings
should be discontinued, or deferred for the purposes of modification,
amendment, or clarification to such plan.
``(4) Proceedings to deny, revoke, or suspend shall be conducted
pursuant to this section in accordance with subchapter II of chapter 5
of title 5, United States Code. Such proceedings shall be independent
of, and not in lieu of, criminal prosecutions or other proceedings
under this title or any other law of the United States.
``(5) The requirements of this subsection shall not apply to the
issuance of an immediate suspension order under subsection (d).''.
SEC. 5. REPORT TO CONGRESS ON EFFECTS OF LAW ENFORCEMENT ACTIVITIES ON
PATIENT ACCESS TO MEDICATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services, acting through
the Commissioner of Food and Drugs and the Director of the Centers for
Disease Control and Prevention, and in consultation with the
Administrator of the Drug Enforcement Administration and the Director
of National Drug Control Policy, shall submit a report to the
Committees on the Judiciary of the House of Representatives, the
Committee on Energy and Commerce of the House of Representatives, the
Committee on the Judiciary of the Senate, and the Committee on Health,
Education, Labor and Pensions of the Senate identifying--
(1) obstacles to legitimate patient access to controlled
substances;
(2) issues with diversion of controlled substances; and
(3) how collaboration between Federal, State, local, and
tribal law enforcement agencies and the pharmaceutical industry
can benefit patients and prevent diversion and abuse of
controlled substances.
(b) Consultation.--The report under subsection (a) shall
incorporate feedback and recommendations from the following:
(1) Patient groups.
(2) Pharmacies.
(3) Drug manufacturers.
(4) Common or contract carriers and warehousemen.
(5) Hospitals, physicians, and other health care providers.
(6) State attorneys general.
(7) Federal, State, local, and tribal law enforcement
agencies.
(8) Health insurance providers and entities that provide
pharmacy benefit management services on behalf of a health
insurance provider.
(9) Wholesale drug distributors. | Regulatory Transparency, Patient Access, and Effective Drug Enforcement Act of 2014 - Amends the Controlled Substances Act to direct the Attorney General, within 45 days of receiving a recommendation from the Secretary of Health and Human Services (HHS) to add a drug or substance that has never been marketed in the United States to a schedule of controlled substances, to issue an interim final rule under the exception for good cause, placing it into the schedule recommended, effective immediately. Allows a person who submits an application for registration to manufacture or distribute a controlled substance to indicate on the registration application that the substance will be used only in connection with clinical trials of a drug. Requires the Attorney General to: (1) make a final decision on such application within 180 days, or (2) provide written notice to the applicant of the outstanding issues that must be resolved to reach a final decision and the estimated date on which such decision will be made. Defines: (1) "factors as may be relevant to and consistent with the public health and safety," and (2) "imminent danger to the public health or safety." Requires an order to show cause as to why a registration should not be denied, revoked, or suspended to notify the registrant of the opportunity to submit a corrective action plan on or before the date of appearance before the Attorney General. Requires the Attorney General, upon review of any such plan, to determine whether denial, revocation, or suspension proceedings should be discontinued or deferred for purposes of modification or clarification of such plan. Makes these requirements inapplicable to the issuance of an immediate suspension order. Directs the Secretary, acting through the Commissioner of Food and Drugs (FDA) and the Director of the Centers for Disease Control and Prevention (CDC), to identify: (1) obstacles to legitimate patient access to controlled substances; (2) issues with diversion of controlled substances; and (3) how collaboration between federal, state, local, and tribal law enforcement agencies and the pharmaceutical industry can benefit patients and prevent diversion and abuse of controlled substances. | {"src": "billsum_train", "title": "Regulatory Transparency, Patient Access, and Effective Drug Enforcement Act of 2014"} | 1,637 | 445 | 0.6292 | 2.01031 | 0.940999 | 5.539801 | 3.756219 | 0.942786 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Women Veterans
Health Care Improvement Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STUDIES AND ASSESSMENTS OF DEPARTMENT OF VETERANS AFFAIRS
HEALTH SERVICES FOR WOMEN VETERANS
Sec. 101. Study of barriers for women veterans to health care from the
Department of Veterans Affairs.
Sec. 102. Comprehensive assessment of women's health care programs of
the Department of Veterans Affairs.
TITLE II--IMPROVEMENT AND EXPANSION OF HEALTH CARE PROGRAMS OF THE
DEPARTMENT OF VETERANS AFFAIRS FOR WOMEN VETERANS
Sec. 201. Medical care for newborn children of women veterans receiving
maternity care.
Sec. 202. Training and certification for mental health care providers
of the Department of Veterans Affairs on
care for veterans suffering from sexual
trauma and post-traumatic stress disorder.
Sec. 203. Pilot program for provision of child care assistance to
certain veterans receiving certain types of
health care services at Department
facilities.
Sec. 204. Addition of recently separated women and minority veterans to
serve on advisory committees.
TITLE I--STUDIES AND ASSESSMENTS OF DEPARTMENT OF VETERANS AFFAIRS
HEALTH SERVICES FOR WOMEN VETERANS
SEC. 101. STUDY OF BARRIERS FOR WOMEN VETERANS TO HEALTH CARE FROM THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Study Required.--The Secretary of Veterans Affairs shall
conduct a comprehensive study of the barriers to the provision of
comprehensive health care by the Department of Veterans Affairs
encountered by women who are veterans. In conducting the study, the
Secretary shall--
(1) survey women veterans who seek or receive hospital care
or medical services provided by the Department of Veterans
Affairs as well as women veterans who do not seek or receive
such care or services;
(2) build on the work of the study of the Department of
Veterans Affairs entitled ``National Survey of Women Veterans
in Fiscal Year 2007-2008'';
(3) administer the survey to a representative sample of
women veterans from each Veterans Integrated Service Network;
and
(4) ensure that the sample of women veterans surveyed is of
sufficient size for the study results to be statistically
significant and is a larger sample than that of the study of
the Department of Veterans Affairs entitled ``National Survey
of Women Veterans in Fiscal Year 2007-2008''.
(b) Elements of Study.--In conducting the study required by
subsection (a), the Secretary of Veterans Affairs shall conduct
research on the effects of the following on the women veterans surveyed
in the study:
(1) The perceived stigma associated with seeking mental
health care services.
(2) The effect of driving distance or availability of other
forms of transportation to the nearest medical facility on
access to care.
(3) The availability of child care.
(4) The acceptability of integrated primary care, women's
health clinics, or both.
(5) The comprehension of eligibility requirements for, and
the scope of services available under, hospital care and
medical services.
(6) The perception of the personal safety and comfort of
women veterans in inpatient, outpatient, and behavioral health
facilities of the Department.
(7) The gender sensitivity of health care providers and
staff to issues that particularly affect women.
(8) The effectiveness of outreach for health care services
available to women veterans.
(9) The location and operating hours of health care
facilities that provide services to women veterans.
(10) Such other significant barriers as the Secretary of
Veterans Affairs may identify.
(c) Authority To Enter Into Contracts.--The Secretary of Veterans
Affairs shall enter into a contract with a qualified independent entity
or organization to carry out the studies and research required under
this section.
(d) Mandatory Review of Data by Certain Divisions Within the
Department.--
(1) In general.--The Secretary of Veterans Affairs shall
ensure that the head of each division of the Department of
Veterans Affairs specified in paragraph (2) reviews the results
of the study conducted under this section. The head of each
such division shall submit findings with respect to the study
to the Under Secretary for Health and to other pertinent
program offices within the Department of Veterans Affairs with
duties relating to health care services for women veterans.
(2) Specified divisions of the department.--The divisions
of the Department of Veterans Affairs specified in this
paragraph are--
(A) the Center for Women Veterans, established
under section 318 of title 38, United States Code; and
(B) the Advisory Committee on Women Veterans,
established under section 542 of title 38, United
States Code.
(e) Reports.--
(1) Report on implementation.--Not later than 6 months
after the date on which the Department of Veterans Affairs
publishes a final report on the study entitled ``National
Survey of Women Veterans in Fiscal Year 2007-2008'', the
Secretary of Veterans Affairs shall submit to Congress a report
on the status of the implementation of the section.
(2) Report on study.--Not later than 30 months after the
date on which the Department publishes such final report, the
Secretary of Veterans Affairs shall submit to Congress a report
on the study required under this section. The report shall
include recommendations for such administrative and legislative
action as the Secretary of Veterans Affairs determines to be
appropriate. The report shall also include the findings of the
head of each specified division of the Department and of the
Under Secretary for Health.
(f) Definition of Facility of the Department.--In this section the
term ``facility of the Department'' has the meaning given that term in
section 1701(3) of title 38, United States Code.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $4,000,000 to carry
out this section.
SEC. 102. COMPREHENSIVE ASSESSMENT OF WOMEN'S HEALTH CARE PROGRAMS OF
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall conduct a
comprehensive assessment of all health care services and programs
provided by the Department of Veterans Affairs for the health care
needs of women veterans. Such comprehensive assessment shall include
assessments of specialized programs for women with post-traumatic
stress disorder, for women who are homeless, for women who require care
for substance abuse or mental illnesses, and for women who require
obstetric and gynecologic care.
(b) Specific Matters Studied.--
(1) Identification of programs.--For each medical facility
of the Department of Veterans Affairs, the Secretary of
Veterans Affairs shall identify each of the following types of
programs for women veterans provided by the Department and
determine whether effective health care services, including
evidenced-based health care services, are readily available to
and easily accessed by women veterans:
(A) Health promotion programs, including
reproductive health promotion programs.
(B) Disease prevention programs.
(C) Health care programs.
(2) Identification of relevant issues.--In making such
determination, the Secretary of Veterans Affairs shall
identify, for each medical facility of the Department of
Veterans Affairs--
(A) the frequency with which such services are
available and provided,
(B) the demographics of the women veterans
population,
(C) the sites where such services are available and
provided, and
(D) whether, and to what extent, waiting lists,
geographic distance, and other factors obstruct the
receipt of any of such services at any such site.
(c) Authority To Enter Into a Contract.--The Secretary of Veterans
Affairs shall enter into a contract with a qualified independent entity
or organization to carry out the studies and research required under
this section.
(d) Development of Plan To Improve Services.--
(1) Plan required.--After conducting the comprehensive
assessment required by subsection (a), the Secretary of
Veterans Affairs shall develop a plan to improve the provision
of health care services to women veterans and to project the
future health care needs, including the mental health care
needs of women serving in the combat theaters of Operation
Enduring Freedom and Operation Iraqi Freedom.
(2) List of services.--In developing the plan under this
subsection, the Secretary of Veterans Affairs shall list the
types of services available for women veterans at each medical
center of the Department.
(e) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the assessment conducted pursuant to subsection
(a) and the plan required under subsection (d). The report shall
include recommendations for such administrative and legislative action
as the Secretary of Veterans Affairs determines to be appropriate.
(f) GAO Report.--Not later than 6 months after the date on which
the Secretary of Veterans Affairs submits the report required under
subsection (e), the Comptroller General shall submit to Congress a
report containing the findings of the Comptroller General with respect
to the report of the Secretary, which may include such recommendations
for administrative or legislative actions as the Comptroller General
determines to be appropriate.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $5,000,000 to carry
out this section.
TITLE II--IMPROVEMENT AND EXPANSION OF HEALTH CARE PROGRAMS OF THE
DEPARTMENT OF VETERANS AFFAIRS FOR WOMEN VETERANS
SEC. 201. MEDICAL CARE FOR NEWBORN CHILDREN OF WOMEN VETERANS RECEIVING
MATERNITY CARE.
(a) Newborn Care.--Subchapter VIII of chapter 17 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 1786. Hospital care and medical services for newborn children of
women veterans receiving maternity care
``In the case of a child of a woman veteran who is receiving
hospital care or medical services at a Department facility (or in
another facility pursuant to a contract entered into by the Secretary)
relating to the birth of that child, the Secretary may furnish hospital
care and medical services to that child at that facility during the
seven-day period beginning on the date of the birth of the child.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1785 the following new item:
``1786. Hospital care and medical services for newborn children of
women veterans receiving maternity care.''.
SEC. 202. TRAINING AND CERTIFICATION FOR MENTAL HEALTH CARE PROVIDERS
OF THE DEPARTMENT OF VETERANS AFFAIRS ON CARE FOR
VETERANS SUFFERING FROM SEXUAL TRAUMA AND POST-TRAUMATIC
STRESS DISORDER.
Section 1720D of title 38, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) The Secretary shall carry out a program to provide graduate
medical education, training, certification, and continuing medical
education for mental health professionals who provide counseling, care,
and services under subsection (a). In carrying out such program, the
Secretary shall ensure that all such mental health professionals have
been trained in a consistent manner and that such training includes
principles of evidence-based treatment and care for sexual trauma and
post-traumatic stress disorder.
``(e) The Secretary shall submit to Congress an annual report on
the counseling, care, and services provided to veterans pursuant to
this section. Each report shall include data for the year covered by
the report with respect to each of the following:
``(1) The number of mental health professionals, graduate
medical education trainees, and primary care providers who have
been certified under the program required by subsection (d) and
the amount and nature of continuing medical education provided
under such program to such professionals, trainees, and
providers who are so certified.
``(2) The number of women veterans who received counseling
and care and services under subsection (a) from professionals
and providers who received training under subsection (d).
``(3) The number of graduate medical education, training,
certification, and continuing medical education courses
provided by reason of subsection (d).
``(4) The number of trained full-time equivalent employees
required in each facility of the Department to meet the needs
of veterans requiring treatment and care for sexual trauma and
post-traumatic stress disorder.
``(5) Any recommended improvements for treating women
veterans with sexual trauma and post-traumatic stress disorder.
``(6) Such other information as the Secretary determines to
be appropriate.''.
SEC. 203. PILOT PROGRAM FOR PROVISION OF CHILD CARE ASSISTANCE TO
CERTAIN VETERANS RECEIVING CERTAIN TYPES OF HEALTH CARE
SERVICES AT DEPARTMENT FACILITIES.
(a) In General.--
(1) Pilot program required.--Not later than six months
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall carry out a two-year pilot program under
which, subject to paragraph (2), the Secretary shall provide
child care assistance to a qualified veteran child care needed
by the veteran during the period of time described in paragraph
(3).
(2) Form of child care assistance.--Child care assistance
under this section may include--
(A) stipends for the payment of child care offered
by licensed child care centers (either directly or
through a voucher program);
(B) the development of partnerships with private
agencies;
(C) collaboration with facilities or programs of
other Federal departments or agencies; and
(D) the arrangement of after-school care.
(3) Period of time.--Child care assistance under the pilot
program may only be provided for the period of time that the
qualified veteran--
(A) receives a health care service referred to in
paragraph (4) at a facility of the Department; and
(B) requires to travel to and return from such
facility for the receipt of such health care service.
(4) Qualified veteran defined.--In this section, the term
``qualified veteran'' means a veteran who is the primary
caretaker of a child and who is receiving from the Department
of Veterans Affairs one or more of the following health care
services:
(A) Regular mental health care services.
(B) Intensive mental health care services.
(C) Any other intensive health care services for
which the Secretary determines that the provision of
child care would improve access by qualified veterans.
(5) Location of pilot program.--The Secretary shall carry
out the pilot program at no fewer than three Veterans
Integrated Service Networks.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $1,500,000 for each
of fiscal years 2010 and 2011 to carry out the pilot program under this
section.
(c) Report.--Not later than six months after the completion of the
pilot program, the Secretary shall submit to Congress a report on the
pilot program and shall include recommendations for the continuation or
expansion of the pilot program.
SEC. 204. ADDITION OF RECENTLY SEPARATED WOMEN AND MINORITY VETERANS TO
SERVE ON ADVISORY COMMITTEES.
(a) Advisory Committee on Women Veterans.--Subsection (a)(2)(A) of
section 542 of title 38, United States Code, is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) by inserting after clause (iii) the following new
clause:
``(iv) women who are recently separated veterans.''.
(b) Advisory Committee on Minority Veterans.--Subsection (a)(2)(A)
of section 544 of title 38, United States Code, is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) by striking the period at the end of clause (iv) and
inserting ``; and''; and
(3) by inserting after clause (iv) the following new
clause:
``(v) recently separated veterans who are minority group
members.''.
(c) Effective Date.--The amendments made by this section shall
first apply to appointments made on or after the date of the enactment
of this Act.
Passed the House of Representatives June 23, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Women Veterans Health Care Improvement Act - Title I: Studies and Assessments of Department of Veterans Affairs Health Services for Women Veterans - (Sec. 101) Requires the Secretary of Veterans Affairs (VA) to: (1) conduct a study of barriers encountered by women veterans to the provision by the VA of comprehensive health care; (2) ensure that the Center for Women Veterans and the Advisory Committee on Women Veterans review the results of the study; and (3) report to Congress on study results and the implementation of recommendations.
(Sec. 102) Directs the Secretary to: (1) conduct a comprehensive assessment of all health care services and programs provided by the VA for women veterans; (2) identify relevant issues concerning such services and programs with respect to each VA medical facility; (3) develop a plan to improve the provision of health care services to women veterans and to project their future health care needs; and (4) report to Congress on the assessment and plan. Requires a report from the Comptroller General to Congress reviewing the report of the Secretary. Authorizes appropriations.
Title II: Improvement and Expansion of Health Care Programs of the Department of Veterans Affairs for Women Veterans - (Sec. 201) Authorizes the Secretary to furnish hospital care and medical services to a newborn child of a woman veteran receiving VA maternity care for up to seven days after the birth of the child.
(Sec. 202) Directs the Secretary to: (1) provide graduate medical education, training, certification, and continuing medical education for mental health professionals who provide counseling, care, and services to women veterans suffering from sexual trauma and post-traumatic stress disorder (PTSD); and (2) report annually to Congress on the counseling, care, and services provided.
(Sec. 203) Directs the Secretary to: (1) carry out a two-year pilot program of child care assistance for women veterans receiving certain mental health or other intensive health care services at VA facilities; (2) carry out the program in at least three Veterans Integrated Service Network facilities; and (3) report to Congress on the pilot program. Authorizes appropriations.
(Sec. 204) Requires: (1) women veterans recently separated from service to be included on the Advisory Committee on Women Veterans; and (2) recently separated minority veterans to be included on the Advisory Committee on Minority Veterans. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to expand and improve health care services available to women veterans, especially those serving in Operation Enduring Freedom and Operation Iraqi Freedom, from the Department of Veterans Affairs, and for other purposes."} | 3,656 | 494 | 0.725426 | 2.077661 | 0.818931 | 3.705757 | 7.19403 | 0.946695 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Adoption Affordable Act of
2012''.
SEC. 2. EXPANDED TAX BENEFITS FOR ADOPTION MADE PERMANENT.
(a) Expansions Enacted in 2001 Made Permanent.--Section 901 of the
Economic Growth and Tax Relief Reconciliation Act of 2001 shall not
apply to the amendments made by section 202 of such Act.
(b) Expansions Enacted in 2010 Permanently Reinstated.--
(1) Increase in dollar limitation.--
(A) Adoption credit.--
(i) In general.--Paragraph (1) of section
23(b) of the Internal Revenue Code of 1986
(relating to dollar limitation) is amended by
striking ``$10,000'' and inserting ``$13,170''.
(ii) Child with special needs.--Paragraph
(3) of section 23(a) of such Code (relating to
$10,000 credit for adoption of child with
special needs regardless of expenses) is
amended--
(I) in the text by striking
``$10,000'' and inserting ``$13,170'',
and
(II) in the heading by striking
``$10,000'' and inserting ``$13,170''.
(iii) Conforming amendment to inflation
adjustment.--Subsection (h) of section 23 of
such Code (relating to adjustments for
inflation) is amended to read as follows:
``(h) Adjustments for Inflation.--
``(1) Dollar limitations.--In the case of a taxable year
beginning after December 31, 2010, each of the dollar amounts
in subsections (a)(3) and (b)(1) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2009' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the nearest
multiple of $10.
``(2) Income limitation.--In the case of a taxable year
beginning after December 31, 2002, the dollar amount in
subsection (b)(2)(A)(i) shall be increased by an amount equal
to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2001' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the nearest
multiple of $10.''.
(B) Adoption assistance programs.--
(i) In general.--Paragraph (1) of section
137(b) of the Internal Revenue Code of 1986
(relating to dollar limitation) is amended by
striking ``$10,000'' and inserting ``$13,170''.
(ii) Child with special needs.--Paragraph
(2) of section 137(a) of such Code (relating to
$10,000 exclusion for adoption of child with
special needs regardless of expenses) is
amended--
(I) in the text by striking
``$10,000'' and inserting ``$13,170'',
and
(II) in the heading by striking
``$10,000'' and inserting ``$13,170''.
(iii) Conforming amendment to inflation
adjustment.--Subsection (f) of section 137 of
such Code (relating to adjustments for
inflation) is amended to read as follows:
``(f) Adjustments for Inflation.--
``(1) Dollar limitations.--In the case of a taxable year
beginning after December 31, 2010, each of the dollar amounts
in subsections (a)(2) and (b)(1) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2009' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the nearest
multiple of $10.
``(2) Income limitation.--In the case of a taxable year
beginning after December 31, 2002, the dollar amount in
subsection (b)(2)(A) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2001' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the nearest
multiple of $10.''.
(2) Credit made refundable.--
(A) Credit moved to subpart relating to refundable
credits.--The Internal Revenue Code of 1986 is
amended--
(i) by redesignating section 23, as amended
by subsection (a), as section 36C, and
(ii) by moving section 36C (as so
redesignated) from subpart A of part IV of
subchapter A of chapter 1 to the location
immediately before section 37 in subpart C of
part IV of subchapter A of chapter 1.
(B) Conforming amendments.--
(i) Section 24(b)(3)(B) of such Code is
amended by striking ``23,''.
(ii) Section 25(e)(1)(C) of such Code is
amended by striking ``23,'' both places it
appears.
(iii) Section 25A(i)(5)(B) of such Code is
amended by striking ``23, 25D,'' and inserting
``25D''.
(iv) Section 25B(g)(2) of such Code is
amended by striking ``23,''.
(v) Section 26(a)(1) of such Code is
amended by striking ``23,''.
(vi) Section 30(c)(2)(B)(ii) of such Code
is amended by striking ``23, 25D,'' and
inserting ``25D''.
(vii) Section 30B(g)(2)(B)(ii) of such Code
is amended by striking ``23,''.
(viii) Section 30D(c)(2)(B)(ii) of such
Code is amended by striking ``sections 23 and''
and inserting ``section''.
(ix) Section 36C of such Code, as so
redesignated, is amended--
(I) by striking paragraph (4) of
subsection (b), and
(II) by striking subsection (c).
(x) Section 137 of such Code is amended--
(I) by striking ``section 23(d)''
in subsection (d) and inserting
``section 36C(d)'', and
(II) by striking ``section 23'' in
subsection (e) and inserting ``section
36C''.
(xi) Section 904(i) of such Code is amended
by striking ``23,''.
(xii) Section 1016(a)(26) is amended by
striking ``23(g)'' and inserting ``36C(g)''.
(xiii) Section 1400C(d) of such Code is
amended by striking ``23,''.
(xiv) Section 6211(b)(4)(A) of such Code is
amended by inserting ``36C,'' before ``53(e)''.
(xv) The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such
Code of 1986 is amended by striking the item
relating to section 23.
(xvi) Paragraph (2) of section 1324(b) of
title 31, United States Code, as amended by
this Act, is amended by inserting ``36C,''
after ``36B,''.
(xvii) The table of sections for subpart C
of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986, as amended by
this Act, is amended by inserting after the
item relating to section 36B the following new
item:
``Sec. 36C. Adoption expenses.''.
(3) Coordination with sunset.--Each amendment made by this
subsection to another provision of law is to such provision of
law as amended by section 10909(c) of the Patient Protection
and Affordable Care Act, as amended by section 101(b) of the
Tax Relief, Unemployment Insurance Reauthorization, and Job
Creation Act of 2010.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2011. | Making Adoption Affordable Act of 2012 - Makes permanent provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 allowing an increased tax credit for adoption expenses and an increased exclusion from gross income for amounts paid by an employer for adoption expenses.
Amends the Internal Revenue Code to reinstate and make permanent: (1) the increase in the tax credit for adoption expenses and the increased exclusion from gross income for amounts paid by an employer for adoption expenses that were enacted by the Patient Protection and Affordable Care Act, (2) the annual inflation adjustments for such increased amounts, and (3) the refundability of the tax credit for adoption expenses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to make permanent the expansion of tax benefits for adoption enacted in 2001 and to permanently reinstate the expansion of tax benefits for adoption enacted in 2010."} | 2,083 | 130 | 0.562179 | 1.355393 | 0.690085 | 2.387097 | 14.403226 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Susquehanna Gateway National
Heritage Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Susquehanna Gateway National Heritage Area established by
section 3(a).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 4(a).
(3) Management plan.--The term ``management plan'' means
the plan developed by the local coordinating entity under
section 5(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Pennsylvania.
SEC. 3. SUSQUEHANNA GATEWAY NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Susquehanna Gateway
National Heritage Area in the State.
(b) Boundaries.--The Heritage Area shall include Lancaster and York
Counties, Pennsylvania.
SEC. 4. DESIGNATION OF LOCAL COORDINATING ENTITY.
(a) Local Coordinating Entity.--The Susquehanna Heritage
Corporation, a nonprofit organization established under the laws of the
State, shall be the local coordinating entity for the Heritage Area.
(b) Authorities of Local Coordinating Entity.--The local
coordinating entity may, for purposes of preparing and implementing the
management plan, use Federal funds made available under this Act--
(1) to prepare reports, studies, interpretive exhibits and
programs, historic preservation projects, and other activities
recommended in the management plan for the Heritage Area;
(2) to make grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
(3) to enter into cooperative agreements with the State,
political subdivisions of the State, nonprofit organizations,
and other organizations;
(4) to hire and compensate staff;
(5) to obtain funds or services from any source, including
funds and services provided under any other Federal program or
law; and
(6) to contract for goods and services.
(c) Duties of Local Coordinating Entity.--To further the purposes
of the Heritage Area, the local coordinating entity shall--
(1) prepare a management plan for the Heritage Area in
accordance with section 5;
(2) give priority to the implementation of actions, goals,
and strategies set forth in the management plan, including
assisting units of government and other persons in--
(A) carrying out programs and projects that
recognize and protect important resource values in the
Heritage Area;
(B) encouraging economic viability in the Heritage
Area in accordance with the goals of the management
plan;
(C) establishing and maintaining interpretive
exhibits in the Heritage Area;
(D) developing heritage-based recreational and
educational opportunities for residents and visitors in
the Heritage Area;
(E) increasing public awareness of and appreciation
for the natural, historic, and cultural resources of
the Heritage Area;
(F) restoring historic buildings that are--
(i) located in the Heritage Area; and
(ii) related to the themes of the Heritage
Area; and
(G) installing throughout the Heritage Area clear,
consistent, and appropriate signs identifying public
access points and sites of interest;
(3) consider the interests of diverse units of government,
businesses, tourism officials, private property owners, and
nonprofit groups within the Heritage Area in developing and
implementing the management plan;
(4) conduct public meetings at least semiannually regarding
the development and implementation of the management plan; and
(5) for any fiscal year for which Federal funds are
received under this Act--
(A) submit to the Secretary an annual report that
describes--
(i) the accomplishments of the local
coordinating entity;
(ii) the expenses and income of the local
coordinating entity; and
(iii) the entities to which the local
coordinating entity made any grants;
(B) make available for audit all records relating
to the expenditure of the Federal funds and any
matching funds; and
(C) require, with respect to all agreements
authorizing the expenditure of Federal funds by other
organizations, that the receiving organizations make
available for audit all records relating to the
expenditure of the Federal funds.
(d) Prohibition on Acquisition of Real Property.--
(1) In general.--The local coordinating entity shall not
use Federal funds received under this Act to acquire real
property or any interest in real property.
(2) Other sources.--Nothing in this Act precludes the local
coordinating entity from using Federal funds from other sources
for authorized purposes, including the acquisition of real
property or any interest in real property.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which
funds are first made available to carry out this Act, the local
coordinating entity shall prepare and submit to the Secretary a
management plan for the Heritage Area.
(b) Contents.--The management plan for the Heritage Area shall--
(1) include comprehensive policies, strategies, and
recommendations for the conservation, funding, management, and
development of the Heritage Area;
(2) take into consideration existing State, county, and
local plans;
(3) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Area;
(4) include an inventory of the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the themes of the Heritage Area
that should be preserved, restored, managed, developed, or
maintained; and
(5) include an analysis of, and recommendations for, ways
in which Federal, State, and local programs, may best be
coordinated to further the purposes of this Act, including
recommendations for the role of the National Park Service in
the Heritage Area.
(c) Disqualification From Funding.--If a proposed management plan
is not submitted to the Secretary by the date that is 3 years after the
date on which funds are first made available to carry out this Act, the
local coordinating entity may not receive additional funding under this
Act until the date on which the Secretary receives the proposed
management plan.
(d) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date on
which the local coordinating entity submits the management plan
to the Secretary, the Secretary shall approve or disapprove the
proposed management plan.
(2) Considerations.--In determining whether to approve or
disapprove the management plan, the Secretary shall consider
whether--
(A) the local coordinating entity is representative
of the diverse interests of the Heritage Area,
including governments, natural and historic resource
protection organizations, educational institutions,
businesses, and recreational organizations;
(B) the local coordinating entity has provided
adequate opportunities (including public meetings) for
public and governmental involvement in the preparation
of the management plan;
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historic, and cultural resources of the Heritage Area;
and
(D) the management plan is supported by the
appropriate State and local officials, the cooperation
of which is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Disapproval and revisions.--
(A) In general.--If the Secretary disapproves a
proposed management plan, the Secretary shall--
(i) advise the local coordinating entity,
in writing, of the reasons for the disapproval;
and
(ii) make recommendations for revision of
the proposed management plan.
(B) Approval or disapproval.--The Secretary shall
approve or disapprove a revised management plan not
later than 180 days after the date on which the revised
management plan is submitted.
(e) Approval of Amendments.--
(1) In general.--The Secretary shall review and approve or
disapprove substantial amendments to the management plan in
accordance with subsection (d).
(2) Funding.--Funds appropriated under this Act may not be
expended to implement any changes made by an amendment to the
management plan until the Secretary approves the amendment.
SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity to the extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, or local agency, or conveys any land use or other
regulatory authority to the local coordinating entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 8. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the Heritage Area, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of this Act for the
Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(c) Report.--
(1) In general.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(2) Required analysis.--If the report prepared under
paragraph (1) recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis of--
(A) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(B) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(3) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 may be
authorized to be appropriated for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the cost of any
activity carried out using funds made available under this Act shall be
not more than 50 percent.
SEC. 10. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide financial assistance
under this Act terminates on the date that is 15 years after the date
of enactment of this Act. | Susquehanna Gateway National Heritage Area Act Establishes the Susquehanna Gateway National Heritage Area in Pennsylvania. Designates the Susquehanna Heritage Corporation as the local coordinating entity for the Area. Requires the Corporation to prepare and submit a management plan for the Area. | {"src": "billsum_train", "title": "Susquehanna Gateway National Heritage Area Act"} | 2,728 | 65 | 0.612499 | 1.47699 | 1.103217 | 2.851064 | 55.829787 | 0.893617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compete Act of 2007''.
SEC. 2. INTERNAL CONTROL REPORTING AND EVALUATION.
Subsection (b) of section 404 of the Sarbanes-Oxley Act of 2002 (15
U.S.C. 7262(b)) is amended to read as follows:
``(b) Internal Control Reporting and Evaluation.--
``(1) Auditor attestation and report.--With respect to the
internal control assessment required by subsection (a), each
registered public accounting firm that prepares or issues the
audit report for the issuer shall, at the interval determined
under paragraph (2), attest to, and report on, the assessment
made by the management of the issue. The attestation and report
on the management assessment shall focus on the process and
system management used to identify and manage risks, identify
and implement key controls, and come to a conclusion on the
effectiveness of the internal controls over financial
reporting. Such attestation and report shall not include a
separate opinion on the outcome of the assessment, that is, the
auditor shall not issue a separate (pass/fail) opinion on the
effectiveness of management's internal controls over financial
reporting. Any such attestation shall not be the subject of a
separate engagement.
``(2) Intervals for attestation and report.--The
Commission's regulations under this section shall require that
the attestation and report required by paragraph (1) be
performed during an initial reporting period, and then at 3-
year intervals. Such regulations shall require a shorter
interval in the event of a major shift in the company's
structure or performance, such as a merger, a significant
financial restatement, evidence of fraud, or other such events
as determined by the Commission.
``(3) Standards for attestation and report.--
``(A) Risk-based evaluation.--An attestation made
under this subsection shall be made in accordance with
standards for attestation engagements issued or adopted
by the Board. Such standards shall require that the
audit of the management assessment of the internal
control of the issuer shall be designed, on the basis
of the probability of risk and magnitude of potential
harm, to focus on those controls that are critical to
the accuracy of the financial statements of the issuer,
and be consistent with the materiality standards
prescribed by the Commission under paragraph (4). Such
standards shall require that the determination by the
auditor of the controls that create the greatest risk
to the company shall be done in consultation with
management of the issuer and shall identify those
greatest risks on bases of the characteristics of the
industry within which the issuer operates.
``(B) Reliance on the work of others.--The
standards issued or adopted by the Board for purposes
of implementing the requirements of this subsection
shall eliminate duplication of audits and examinations
by--
``(i) allowing registered public accounting
firms performing attestations and reports under
this subsection to rely on examinations and
inspections conducted by the Federal and state
regulatory agencies to the extent those
examinations and inspections focus on the
issuer's risk-based internal controls;
``(ii) where the issuer has engaged a
third-party accountant to test and provide
management's assessment of the internal control
systems, permitting--
``(I) the third-party accountant to
work with registered public accounting
firms performing attestations and
reports under this subsection on
determining the controls to be tested
and the scope of work;
``(II) the registered public
accounting firms performing
attestations and reports under this
subsection to rely heavily on the work
of the third-party accountant during
the attestation engagement to avoid
repetitive testing; and
``(III) management of the issuer to
communicate openly with the registered
public accounting firms performing
attestations and reports under this
subsection on all aspects of its
internal controls.
``(C) Definition.--For purposes of subparagraph
(B)(ii), the term `third-party accountant' means a
registered public accounting firm other than the
registered public accounting firm that is engaged to
perform the attestation and report under this
subsection.
``(4) Materiality standard.--The Commission shall develop a
standard of materiality for the conduct of the assessment and
report on an internal control under this subsection that shall
be based on whether the internal control has a material affect
on the company's financial statements and is significant to the
issuer's overall financial status.''.
SEC. 3. SMALLER PUBLIC COMPANY EXEMPTION FROM INTERNAL CONTROL
PROVISION.
Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is
amended by adding at the end the following new subsection:
``(c) Smaller Public Company Exemption.--
``(1) Voluntary compliance.--A smaller public company shall
not be subject to the requirements of this section with respect
to any annual report unless such company voluntarily elects to
comply with such requirements, in accordance with regulations
prescribed by the Commission. Any smaller company that does not
elect to comply with such requirements with respect to an
annual report shall, in accordance with such regulations,
disclose that noncompliance in such report.
``(2) Definition.--For purposes of paragraph (1), the term
`smaller public company' means an issuer for which an annual
report is required by section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) that--
``(A) has a total market capitalization at the
beginning of the relevant reporting period of less than
$700,000,000;
``(B) has total product and services revenue for
that reporting period of less than $125,000,000; or
``(C) has, at the beginning of the relevant
reporting period, fewer than 1500 record beneficial
holders.''.
SEC. 4. COMPETITION FOR AUDITING SERVICES.
(a) Study Required.--The Commission and the Board shall conduct a
study examining the lack of, and impediments to, robust competition for
the performance of audits for issuers.
(b) Subjects of Study.--The study required by this section shall
examine--
(1) the causes for, and the measures that may be taken to
alleviate, the concentration of audit performance in only four
large public accounting firms capable of servicing the larger
issuers;
(2) the extent to which the Commission and the Board may,
under existing statutes, take reasonable steps--
(A) to increase the number of qualified accounting
firms; and
(B) to eliminate de minimis conflict of interest
provisions; and
(3) methods that may be undertaken for encouraging--
(A) the largest public accounting firms to partner
with smaller public accounting firms; and
(B) coalitions among smaller public accounting
firms to compete for business for larger more complex
issuers.
(c) Report.--Within 6 months after the date of enactment of this
Act, the Commission and the Board shall submit a joint report on the
study required by this section to the Committee on Financial Services
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate. Such report shall--
(1) contain the results of the examination of each of the
subjects identified in subsection (b);
(2) make recommendations to the accounting industry of
measures that may be undertaken under existing statutes,
regulations, and standards to alleviate the concentration
described in subsection (b)(1);
(3) identify the measures that the Commission and the Board
should undertake to alleviate such concentration; and
(4) make any recommendations to the Congress for changes in
the laws administered by the Commission and the Board that the
Commission or the Board consider appropriate and necessary on
the basis of the examination.
SEC. 5. PRINCIPALS-BASED GUIDANCE STUDY.
(a) Study Required.--The Commission and the Board shall conduct a
study comparing and contrasting the principles-based Turnbull Guidance
under the securities laws of Great Britain to the implementation of
section 404 of the Sarbanes-Oxley Act of 2002.
(b) Report.--Within one year after the date of enactment of this
Act, the Commission and the Board shall submit a joint report on the
study required by this section to the Committee on Financial Services
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate. Such report shall--
(1) compare--
(A) the relative accounting and other costs of--
(i) the principles-based Turnbull Guidance
under the securities laws of Great Britain; and
(ii) the implementation of section 404 of
the Sarbanes-Oxley Act of 2002; in relation to
(B) the relative--
(i) reduction in the level of risk to
investors; and
(ii) increase in the level of investor
confidence in the financial statements of
issuers; and
(2) recommend to the Congress appropriate measures to
alleviate accounting and other costs in relation to the
reduction of such risk and the increase in such confidence.
SEC. 6. DEFINITIONS.
For purposes of this Act, the terms ``audit'', ``Board'',
``Commission'', ``issuer'', and ``public accounting firm'' have the
meanings given such terms in section 2 of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7201). | Compete Act of 2007 - Amends the Sarbanes-Oxley Act of 2002 to revise requirements for the internal control assessment component of a securities issuer's annual report.
Requires the attestation and report by a registered public accounting firm on an issuer's management assessment of its internal control structure and procedures to focus upon the process and system used by management to identify and manage risks, identify and implement key controls, and come to a conclusion on the effectiveness of the internal controls over financial reporting.
Prohibits an auditor's attestation and report from including a separate (pass/fail) opinion on the effectiveness of such internal controls.
Requires such attestation and report to be performed at three-year intervals.
Prescribes standards for such attestations and reports, including a risk-based evaluation.
Permits attestations and reports to rely on examinations and inspections by federal and state regulatory agencies.
Instructs the Securities and Exchange Commission to develop a standard of materiality for such assessments and reports based upon whether the internal control has a material effect on the company's financial statements and is significant to the issuer's overall financial status.
Exempts a smaller public company from the requirements for management assessment of internal controls, unless it voluntarily elects to comply with them. | {"src": "billsum_train", "title": "To reform certain provisions of section 404 of the Sarbanes-Oxley Act of 2002 to make compliance with that section more efficient, with the goal of maintaining United States capital market global competitiveness."} | 2,065 | 296 | 0.703374 | 2.206921 | 0.941003 | 3.991597 | 8.058824 | 0.915966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Battlefield Excellence through
Superior Training Practices Act'' or the ``BEST Practices Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Department of Defense has made impressive strides
in the development and use of methods of medical training and
troop protection, such as the use of tourniquets and
improvements in body armor, that have led to decreased
battlefield fatalities.
(2) The Department of Defense uses more than 8,500 live
animals each year to train physicians, medics, corpsmen, and
other personnel methods of responding to severe battlefield
injuries.
(3) The civilian sector has almost exclusively phased in
the use of superior human-based training methods for numerous
medical procedures currently taught in military courses using
animals.
(4) Human-based medical training methods such as simulators
replicate human anatomy and can allow for repetitive practice
and data collection.
(5) According to scientific, peer-reviewed literature,
medical simulation increases patient safety and decreases
errors by healthcare providers.
(6) The Army Research, Development and Engineering Command
and other entities of the Department of Defense have taken
significant steps to develop methods to replace live animal-
based training.
(7) According to the report by the Department of Defense
titled ``Final Report on the use of Live Animals in Medical
Education and Training Joint Analysis Team'', published on July
12, 2009--
(A) validated, high-fidelity simulators were to
have been available for nearly every high-volume or
high-value battlefield medical procedure by the end of
2011, and many were available as of 2009; and
(B) validated, high-fidelity simulators were to
have been available to teach all other procedures to
respond to common battlefield injuries by 2014.
(8) The Center for Sustainment of Trauma and Readiness
Skills of the Air Force exclusively uses human-based training
methods in its courses and does not use animals.
(9) In 2013, the Army instituted a policy forbidding non-
medical personnel from participating in training courses
involving the use of animals.
(10) In 2013, the medical school of the Department of
Defense, part of the Uniformed Services University of the
Health Sciences, replaced animal use within its medical student
curriculum.
(11) The Coast Guard announced in 2014 that it would reduce
by half the number of animals it uses for combat trauma
training courses but stated that animals would continue to be
used in courses designed for Department of Defense personnel.
(12) Effective January 1, 2015, the Department of Defense
replaced animal use in six areas of medical training, including
Advanced Trauma Life Support courses and the development and
maintenance of surgical and critical care skills for field
operational surgery and field assessment and skills tests for
international students offered at the Defense Institute of
Medical Operations.
SEC. 3. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN MEDICAL
TRAINING.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2017. Use of human-based methods for certain medical training
``(a) Combat Trauma Injuries.--(1) Not later than October 1, 2020,
the Secretary of Defense shall develop, test, and validate human-based
training methods for the purpose of training members of the armed
forces in the treatment of combat trauma injuries with the goal of
replacing live animal-based training methods.
``(2) Not later than October 1, 2022, the Secretary--
``(A) shall only use human-based training methods for the
purpose of training members of the armed forces in the
treatment of combat trauma injuries; and
``(B) may not use animals for such purpose.
``(b) Exception for Particular Commands and Training Methods.--(1)
The Secretary may exempt a particular command, particular training
method, or both, from the requirement for human-based training methods
under subsection (a)(2) if the Secretary determines that human-based
training methods will not provide an educationally equivalent or
superior substitute for live animal-based training methods for such
command or training method, as the case may be.
``(2) Any exemption under this subsection shall be for such period,
not more than one year, as the Secretary shall specify in granting the
exemption. Any exemption may be renewed (subject to the preceding
sentence).
``(c) Annual Reports.--(1) Not later than October 1, 2018, and each
year thereafter, the Secretary shall submit to the congressional
defense committees a report on the development and implementation of
human-based training methods for the purpose of training members of the
armed forces in the treatment of combat trauma injuries under this
section.
``(2) Each report under this subsection on or after October 1,
2022, shall include a description of any exemption under subsection (b)
that is in force at the time of such report, and a current
justification for such exemption.
``(d) Definitions.--In this section:
``(1) The term `combat trauma injuries' means severe
injuries likely to occur during combat, including--
``(A) hemorrhage;
``(B) tension pneumothorax;
``(C) amputation resulting from blast injury;
``(D) compromises to the airway; and
``(E) other injuries.
``(2) The term `human-based training methods' means, with
respect to training individuals in medical treatment, the use
of systems and devices that do not use animals, including--
``(A) simulators;
``(B) partial task trainers;
``(C) moulage;
``(D) simulated combat environments;
``(E) human cadavers; and
``(F) rotations in civilian and military trauma
centers.
``(3) The term `partial task trainers' means training aids
that allow individuals to learn or practice specific medical
procedures.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of such title is amended by adding at the end the following
new item:
``2017. Use of human-based methods for certain medical training.''. | Battlefield Excellence through Superior Training Practices Act or the BEST Practices Act This bill requires the Department of Defense (DOD), no later than: (1) October 1, 2020, to develop, test, and validate human-based training methods for training members of the Armed Forces in the treatment of combat trauma injuries, with the goal of replacing live animal-based training methods; and (2) October 1, 2022, to use only use human-based training methods for such purposes. The bill prohibits the use of animals in such training after the latter date, but permits DOD to exempt a particular command or training method from human-based training method requirements for up to one year if the human-based methods will not provide an educationally equivalent or superior substitute for live animal-based training methods. Allows exemption periods to be renewed. DOD shall submit an annual report to Congress regarding the development and implementation of the human-based training methods, including the justifications for any exemptions. | {"src": "billsum_train", "title": "Battlefield Excellence through Superior Training Practices Act"} | 1,326 | 204 | 0.637084 | 2.138081 | 0.697038 | 3.797927 | 6.875648 | 0.896373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unsubscribe Act of 2017''.
SEC. 2. INCREASED CONSUMER PROTECTION WITH RESPECT TO NEGATIVE OPTION
AGREEMENTS ENTERED INTO ON THE INTERNET.
(a) Cancellation of Negative Option Agreements.--No person may
enter into a negative option agreement on the Internet with any
consumer, unless the negative option agreement provides the consumer
with a mechanism to cancel the agreement in the same manner, and by the
same means, into which the agreement was entered.
(b) Requirements for Free-to-Pay Conversion Contracts.--
(1) In general.--It shall be unlawful for any person to
charge or attempt to charge any consumer's credit card, debit
card, bank account, or other financial account for any good or
service sold in a free-to-pay conversion contract entered into
on the Internet, unless--
(A) before obtaining the consumer's billing
information, the person has obtained the consumer's
express informed consent to enter into the contract and
has provided the consumer with a notification of the
terms of the contract, including the fact that--
(i) for an introductory period, the
consumer will receive the good or service at no
charge or for a nominal charge; and
(ii) after the introductory period, the
consumer will be charged or charged an
increased amount for the good or service; and
(B) before the initial charge or initial increase
after the introductory period, the person requires the
consumer to perform an additional affirmative action,
such as clicking on a confirmation button or checking a
box, which indicates the consumer's consent to be
charged the amount disclosed.
(2) Mandatory notifications.--After the introductory period
in a free-to-pay conversion contract entered into on the
Internet between any person and any consumer, and on a
quarterly basis while the contract remains in effect, the
person shall provide the consumer with a copy of the
notification of the terms of the contract.
(c) Mandatory Notifications With Respect to Other Negative Option
Agreements.--
(1) Automatic renewal contracts.--With respect to an
automatic renewal contract entered into on the Internet between
any person and any consumer--
(A) not later than 30 days before the end of the
initial fixed period in the contract, the person shall
provide the consumer with a notification of the terms
of the contract; and
(B) after the initial fixed period in the contract,
and on a quarterly basis while the contract remains in
effect, the person shall provide the consumer with a
copy of the notification of the terms of the contract.
(2) Continuity plan contracts.--With respect to a
continuity plan contract entered into on the Internet between
any person and any consumer, the person shall provide the
consumer with a copy of the notification of the terms of the
contract on a quarterly basis while the contract remains in
effect.
(d) Regulations.--The Federal Trade Commission may prescribe
regulations under section 553 of title 5, United States Code, to carry
out this Act.
SEC. 3. ENFORCEMENT.
(a) By Federal Trade Commission.--
(1) In general.--A violation of this Act or any regulation
prescribed under this Act shall be treated as a violation of a
rule issued under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or
deceptive acts or practices. The Federal Trade Commission shall
enforce this Act in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission
Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this Act.
(2) Penalties.--Any person who violates this Act or any
regulation prescribed under this Act shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act as though all
applicable terms and provisions of the Federal Trade Commission
Act were incorporated in and made part of this Act.
(b) By State Attorneys General.--
(1) In general.--Except as provided in paragraph (5), the
attorney general of a State or other authorized State officer
alleging a violation of this Act or any regulation prescribed
under this Act that affects or may affect the State or the
residents of the State may bring an action on behalf of the
residents of the State in any United States district court for
the district in which the defendant is found, resides, or
transacts business, or wherever venue is proper under section
1391 of title 28, United States Code, to obtain appropriate
injunctive relief.
(2) Notice to commission required.--A State shall provide
prior written notice to the Federal Trade Commission of any
civil action brought under paragraph (1) with a copy of the
complaint for the civil action, except that if providing such
prior notice is not feasible for the State, the State shall
provide notice immediately upon instituting the civil action.
(3) Intervention by the commission.--The Federal Trade
Commission may intervene in a civil action brought under
paragraph (1) and upon intervening--
(A) may be heard on all matters arising in the
civil action; and
(B) may file petitions for appeal of a decision in
the civil action.
(4) Construction.--Nothing in this subsection shall be
construed--
(A) to prevent the attorney general of a State or
other authorized State officer from exercising the
powers conferred on the attorney general or other
authorized State officer by the laws of the State; or
(B) to prohibit the attorney general of a State or
other authorized State officer from proceeding in State
or Federal court on the basis of an alleged violation
of any civil or criminal statute of that State.
(5) Limitation.--An action may not be brought under this
subsection if, at the time the action is brought, the same
alleged violation is the subject of a pending action by the
Federal Trade Commission or the United States.
SEC. 4. DEFINITIONS.
In this Act:
(1) Automatic renewal contract.--The term ``automatic
renewal contract'' means a contract between any person and any
consumer for a good or service that is automatically renewed
after an initial fixed period, unless the consumer instructs
otherwise.
(2) Continuity plan contract.--The term ``continuity plan
contract'' means a contract between any person and any consumer
under which the consumer agrees to incur charges in exchange
for periodic shipments of goods or the provision of services,
unless the consumer instructs otherwise.
(3) Free-to-pay conversion contract.--The term ``free-to-
pay conversion contract'' means a contract between any person
and any consumer under which--
(A) for an introductory period, the consumer
receives a good or service at no charge or for a
nominal charge; and
(B) after the introductory period, the consumer is
charged or charged an increased amount for the good or
service.
(4) Negative option agreement.--The term ``negative option
agreement'' means--
(A) an automatic renewal contract;
(B) a continuity plan contract;
(C) a free-to-pay conversion contract;
(D) a pre-notification negative option plan
contract; or
(E) any combination of the contracts described in
subparagraphs (A) through (D).
(5) Notification.--The term ``notification'', when used
with respect to the terms of a contract, means a written
notification that clearly, conspicuously, and concisely states
all material terms of the contract, including information
regarding the cancellation process.
(6) Pre-notification negative option plan contract.--The
term ``pre-notification negative option plan contract'' means a
contract between any person and any consumer under which the
consumer receives periodic notices offering goods and, unless
the consumer specifically rejects the offer, the consumer
automatically receives the goods and incurs a charge for such
goods.
SEC. 5. EFFECTIVE DATE.
This Act shall apply with respect to contracts entered into after
the date that is 1 year after the date of the enactment of this Act. | Unsubscribe Act of 2017 This bill prohibits a negative option agreement from being entered on the Internet with consumers unless it provides the consumers a mechanism to cancel in the same manner, and by the same means, in which the agreement was entered. The bill defines a "negative option agreement" as: an automatic renewal contract that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise; a continuity plan contract under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise; a "free-to-pay conversion contract" under which, for an introductory period, the consumer receives a good or service at no charge or for a nominal charge, and then after the introductory period, the consumer is charged, or is charged an increased amount, for the good or service; or a "pre-notification negative option plan contract" under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods. For free-to-pay conversion contracts entered into on the Internet, the consumer's consent must be obtained: (1) before obtaining the consumer's billing information after notice is provided of the terms of the contract, and (2) before the initial charge or initial increase after the introductory period through a requirement that the consumer perform an additional affirmative action (e.g., clicking on a confirmation button) indicating consent to be charged the amount disclosed. After the introductory period in such a free-to-pay conversion contract, and on a quarterly basis while the contract remains in effect, the consumer must be provided with a copy of the notification of the terms of the contract. In automatic renewal contracts, the consumer must be: (1) notified of the terms of the contract not later than 30 days before the end of the initial fixed period in the contract, and (2) provided a copy of the notification after the initial fixed period and on quarterly basis while the contract remains in effect. The Federal Trade Commission and states are provided authority to enforce against violations of this bill. Violations shall be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. | {"src": "billsum_train", "title": "Unsubscribe Act of 2017"} | 1,801 | 500 | 0.758951 | 2.6095 | 0.76867 | 5.163311 | 3.742729 | 0.917226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Expedited Screening Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Aviation and Transportation Security Act (Public
Law 107-71) authorized the Transportation Security
Administration to ``establish requirements to implement trusted
passenger programs and use available technologies to expedite
the security screening of passengers who participate in such
programs, thereby allowing security screening personnel to
focus on those passengers who should be subject to more
extensive screening.''.
(2) In October 2011, the Transportation Security
Administration began piloting the PreCheck program in which a
limited number of passengers who were participants in the
frequent flyer programs of domestic air carriers were directed
to special screening lanes for expedited security screening.
(3) In December 2013, the Transportation Security
Administration opened the PreCheck program to eligible
passengers who submit biographic and biometric information for
a security risk assessment.
(4) Today, expedited security screening is provided to
passengers who, in general, are members of populations
identified by the Administrator of the Transportation Security
Administration as presenting a low risk to aviation security,
including members of populations known and vetted by the
Administrator or through another Department of Homeland
Security trusted traveler program, and to passengers who are
selected by expedited screening on a case-by-case basis through
the Transportation Security Administration's Managed Inclusion
process and other procedures.
(5) According to the Transportation Security
Administration, the Managed Inclusion process ``combines the
use of multiple layers of security to indirectly conduct a
real-time assessment of passengers'' through the use of
Passenger Screening Canine teams, Behavior Detection Officers,
Explosives Trace Detection (ETD) machines, and other
activities.
(6) In December 2014, the Comptroller General of the United
States concluded in a report entitled ``Rapid Growth in
Expedited Passenger Screening Highlights Need to Plan Effective
Security Assessments'' that ``it will be important for TSA to
evaluate the security effectiveness of the Managed Inclusion
process as a whole, to ensure that it is functioning as
intended and that passengers are being screened at a level
commensurate with their risk''.
(7) On March 16, 2015, the Inspector General of the
Department of Homeland Security released a report entitled
``Allegation of Granting Expedited Screening through TSA
PreCheck Improperly'', in which the Inspector General
determined that the Transportation Security Administration
granted expedited security screening at a PreCheck security
lane to a passenger who had served time in prison for felonies
committed as a member of a domestic terrorist group and who was
not a participant in the PreCheck program.
SEC. 3. LIMITATION; PRECHECK OPERATIONS MAINTAINED; ALTERNATE METHODS.
(a) In General.--Except as provided in subsection (d), not later
than 180 days after the date of the enactment of this Act, the
Administrator of the Transportation Security Administration shall
direct that access to expedited airport security screening at an
airport security checkpoint be limited to only the following:
(1) A passenger who voluntarily submits biographic and
biometric information for a security risk assessment and whose
application for the PreCheck program has been approved, or a
passenger who is a participant in another trusted or registered
traveler program of the Department of Homeland Security.
(2) A passenger traveling pursuant to section 44903 of
title 49, United States Code (as established under the Risk-
Based Security for Members of the Armed Forces Act (Public Law
112-86)), section 44927 of such title (as established under the
Helping Heroes Fly Act (Public Law 113-27)), or section 44928
of such title (as established under the Honor Flight Act
(Public Law 113-221)).
(3) A passenger who did not voluntarily submit biographic
and biometric information for a security risk assessment but is
a member of a population designated by the Administrator of the
Transportation Security Administration as known and low-risk
and who may be issued a unique, known traveler number by the
Administrator determining that such passenger is a member of a
category of travelers designated by the Administrator as known
and low-risk.
(b) PreCheck Operations Maintained.--In carrying out subsection
(a), the Administrator of the Transportation Security Administration
shall ensure that expedited airport security screening remains
available to passengers at or above the level that exists on the day
before the date of the enactment of this Act.
(c) Minors and Seniors.--The Administrator of the Transportation
Security Administration may provide access to expedited airport
security screening at an airport security checkpoint to a passenger who
is--
(1) 75 years old or older; or
(2) 12 years old or under and who is traveling with a
parent or guardian who is a participant in the PreCheck
program.
(d) Frequent Fliers.--If the Administrator of the Transportation
Security Administration determines that such is appropriate, the date
specified in subsection (a) may be extended by up to 1 year to
implement such subsection with respect to the population of passengers
who did not voluntarily submit biographic and biometric information for
security risk assessments but who nevertheless receive expedited
airport security screening because such passengers are designated as
frequent fliers by air carriers. If the Administrator uses the
authority provided by this subsection, the Administrator shall notify
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate of
such phased-in implementation.
(e) Alternate Methods.--The Administrator of the Transportation
Security Administration may provide access to expedited airport
security screening to additional passengers pursuant to an alternate
method upon the submission to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of an independent assessment of the
security effectiveness of such alternate method that is conducted by an
independent entity that determines that such alternate method is
designed to--
(1) reliably and effectively identify passengers who likely
pose a low risk to the United States aviation system;
(2) mitigate the likelihood that a passenger who may pose a
security threat to the United States aviation system is
selected for expedited security screening; and
(3) address known and evolving security risks to the United
States aviation system.
(f) Information Sharing.--The Administrator of the Transportation
Security Administration shall provide to the entity conducting the
independent assessment under subsection (c) effectiveness testing
results that are consistent with established evaluation design
practices, as identified by the Comptroller General of the United
States.
SEC. 4. REPORTING.
Not later than 3 months after the date of the enactment of this Act
and annually thereafter, the Administrator of the Transportation
Security Administration shall report to the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the percentage of all
passengers who are provided expedited security screening, and of such
passengers so provided, the percentage who are participants in the
PreCheck program (who have voluntarily submitted biographic and
biometric information for security risk assessments), the percentage
who are participants in another trusted traveler program of the
Department of Homeland Security, the percentage who are participants in
the PreCheck program due to the Administrator's issuance of known
traveler numbers, and for the remaining percentage of passengers
granted access to expedited security screening in PreCheck security
lanes, information on the percentages attributable to each alternative
method utilized by the Transportation Security Administration to direct
passengers to expedited airport security screening at PreCheck security
lanes.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to--
(1) authorize or direct the Administrator of the
Transportation Administration to reduce or limit the
availability of expedited security screening at an airport; or
(2) limit the authority of the Administrator to use
technologies and systems, including passenger screening canines
and explosives trace detection, as a part of security screening
operations.
Passed the House of Representatives July 27, 2015.
Attest:
KAREN L. HAAS,
Clerk. | Securing Expedited Screening Act (Sec. 3) The Transportation Security Administration (TSA) of the Department of Homeland Security shall, within 180 days after enactment of this Act, limit access to expedited airport security screening at airport security checkpoints to only a passenger who: voluntarily submits biographic and biometric information for a security risk assessment and has an approved PreCheck program application; is traveling as air transportation security or a member of the Armed Forces, including any accompanying family member; is a member of a population designated by the TSA as known and low-risk and who may be issued a unique, known traveler number; or is 75 years or older, or 12 years or younger and traveling with a parent or guardian participating in the PreCheck program. The TSA may extend for one year implementation of the requirement for passengers who have been designated frequent fliers. The TSA may provide access to expedited airport security screening to additional passengers through an alternate method upon submission to Congress of an independent assessment of its security effectiveness. (Sec. 4) The TSA shall report annually to Congress certain information on passengers provided expedited security screening. | {"src": "billsum_train", "title": "Securing Expedited Screening Act"} | 1,748 | 258 | 0.662602 | 2.018963 | 0.760576 | 3.455814 | 7.716279 | 0.934884 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Prisoner Health Care
Copayment Act of 2000''.
SEC. 2. HEALTH CARE FEES FOR PRISONERS IN FEDERAL INSTITUTIONS.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4048. Fees for health care services for prisoners
``(a) Definitions.--In this section--
``(1) the term `account' means the trust fund account (or
institutional equivalent) of a prisoner;
``(2) the term `Director' means the Director of the Bureau of
Prisons;
``(3) the term `health care provider' means any person who is--
``(A) authorized by the Director to provide health care
services; and
``(B) operating within the scope of such authorization;
``(4) the term `health care visit'--
``(A) means a visit, as determined by the Director, by a
prisoner to an institutional or noninstitutional health care
provider; and
``(B) does not include a visit initiated by a prisoner--
``(i) pursuant to a staff referral; or
``(ii) to obtain staff-approved follow-up treatment for
a chronic condition; and
``(5) the term `prisoner' means--
``(A) any individual who is incarcerated in an institution
under the jurisdiction of the Bureau of Prisons; or
``(B) any other individual, as designated by the Director,
who has been charged with or convicted of an offense against
the United States.
``(b) Fees for Health Care Services.--
``(1) In general.--The Director, in accordance with this
section and with such regulations as the Director shall promulgate
to carry out this section, may assess and collect a fee for health
care services provided in connection with each health care visit
requested by a prisoner.
``(2) Exclusion.--The Director may not assess or collect a fee
under this section for preventative health care services, emergency
services, prenatal care, diagnosis or treatment of chronic
infectious diseases, mental health care, or substance abuse
treatment, as determined by the Director.
``(c) Persons Subject to Fee.--Each fee assessed under this section
shall be collected by the Director from the account of--
``(1) the prisoner receiving health care services in connection
with a health care visit described in subsection (b)(1); or
``(2) in the case of health care services provided in
connection with a health care visit described in subsection (b)(1)
that results from an injury inflicted on a prisoner by another
prisoner, the prisoner who inflicted the injury, as determined by
the Director.
``(d) Amount of Fee.--Any fee assessed and collected under this
section shall be in an amount of not less than $1.
``(e) No Consent Required.--Notwithstanding any other provision of
law, the consent of a prisoner shall not be required for the collection
of a fee from the account of the prisoner under this section. However,
each such prisoner shall be given a reasonable opportunity to dispute
the amount of the fee or whether the prisoner qualifies under an
exclusion under this section.
``(f) No Refusal of Treatment For Financial Reasons.--Nothing in
this section may be construed to permit any refusal of treatment to a
prisoner on the basis that--
``(1) the account of the prisoner is insolvent; or
``(2) the prisoner is otherwise unable to pay a fee assessed
under this section.
``(g) Use of Amounts.--
``(1) Restitution of specific victims.--Amounts collected by
the Director under this section from a prisoner subject to an order
of restitution issued pursuant to section 3663 or 3663A shall be
paid to victims in accordance with the order of restitution.
``(2) Allocation of other amounts.--Of amounts collected by the
Director under this section from prisoners not subject to an order
of restitution issued pursuant to section 3663 or 3663A--
``(A) 75 percent shall be deposited in the Crime Victims
Fund established under section 1402 of the Victims of Crime Act
of 1984 (42 U.S.C. 10601); and
``(B) 25 percent shall be available to the Attorney General
for administrative expenses incurred in carrying out this
section.
``(h) Notice to Prisoners of Law.--Each person who is or becomes a
prisoner shall be provided with written and oral notices of the
provisions of this section and the applicability of this section to the
prisoner. Notwithstanding any other provision of this section, a fee
under this section may not be assessed against, or collected from, such
person--
``(1) until the expiration of the 30-day period beginning on
the date on which each prisoner in the prison system is provided
with such notices; and
``(2) for services provided before the expiration of such
period.
``(i) Notice to Prisoners of Regulations.--The regulations
promulgated by the Director under subsection (b)(1), and any amendments
to those regulations, shall not take effect until the expiration of the
30-day period beginning on the date on which each prisoner in the
prison system is provided with written and oral notices of the
provisions of those regulations (or amendments, as the case may be). A
fee under this section may not be assessed against, or collected from,
a prisoner pursuant to such regulations (or amendments, as the case may
be) for services provided before the expiration of such period.
``(j) Notice Before Public Comment Period.--Before the beginning of
any period a proposed regulation under this section is open to public
comment, the Director shall provide written and oral notice of the
provisions of that proposed regulation to groups that advocate on
behalf of Federal prisoners and to each prisoner subject to such
proposed regulation.
``(k) Reports to Congress.--Not later than 1 year after the date of
the enactment of the Federal Prisoner Health Care Copayment Act of
2000, and annually thereafter, the Director shall transmit to Congress
a report, which shall include--
``(1) a description of the amounts collected under this section
during the preceding 12-month period;
``(2) an analysis of the effects of the implementation of this
section, if any, on the nature and extent of heath care visits by
prisoners;
``(3) an itemization of the cost of implementing and
administering the program;
``(4) a description of current inmate health status indicators
as compared to the year prior to enactment; and
``(5) a description of the quality of health care services
provided to inmates during the preceding 12-month period, as
compared with the quality of those services provided during the 12-
month period ending on the date of the enactment of such Act.
``(l) Comprehensive HIV/AIDS Services Required.--The Bureau of
Prisons shall provide comprehensive coverage for services relating to
human immunodeficiency virus (HIV) and acquired immune deficiency
syndrome (AIDS) to each Federal prisoner in the custody of the Bureau
of Prisons when medically appropriate. The Bureau of Prisons may not
assess or collect a fee under this section for providing such
coverage.''.
(b) Clerical Amendment.--The analysis for chapter 303 of title 18,
United States Code, is amended by adding at the end the following:
``4048. Fees for health care services for prisoners.''.
SEC. 3. HEALTH CARE FEES FOR FEDERAL PRISONERS IN NON-FEDERAL
INSTITUTIONS.
Section 4013 of title 18, United States Code, is amended by adding
at the end the following:
``(c) Health Care Fees For Federal Prisoners in Non-Federal
Institutions.--
``(1) In general.--Notwithstanding amounts paid under
subsection (a)(3), a State or local government may assess and
collect a reasonable fee from the trust fund account (or
institutional equivalent) of a Federal prisoner for health care
services, if--
``(A) the prisoner is confined in a non-Federal institution
pursuant to an agreement between the Federal Government and the
State or local government;
``(B) the fee--
``(i) is authorized under State law; and
``(ii) does not exceed the amount collected from State
or local prisoners for the same services; and
``(C) the services--
``(i) are provided within or outside of the institution
by a person who is licensed or certified under State law to
provide health care services and who is operating within
the scope of such license;
``(ii) constitute a health care visit within the
meaning of section 4048(a)(4) of this title; and
``(iii) are not preventative health care services,
emergency services, prenatal care, diagnosis or treatment
of chronic infectious diseases, mental health care, or
substance abuse treatment.
``(2) No refusal of treatment for financial reasons.--Nothing
in this subsection may be construed to permit any refusal of
treatment to a prisoner on the basis that--
``(A) the account of the prisoner is insolvent; or
``(B) the prisoner is otherwise unable to pay a fee
assessed under this subsection.
``(3) Notice to prisoners of law.--Each person who is or
becomes a prisoner shall be provided with written and oral notices
of the provisions of this subsection and the applicability of this
subsection to the prisoner. Notwithstanding any other provision of
this subsection, a fee under this section may not be assessed
against, or collected from, such person--
``(A) until the expiration of the 30-day period beginning
on the date on which each prisoner in the prison system is
provided with such notices; and
``(B) for services provided before the expiration of such
period.
``(4) Notice to prisoners of state or local implementation.--
The implementation of this subsection by the State or local
government, and any amendment to that implementation, shall not
take effect until the expiration of the 30-day period beginning on
the date on which each prisoner in the prison system is provided
with written and oral notices of the provisions of that
implementation (or amendment, as the case may be). A fee under this
subsection may not be assessed against, or collected from, a
prisoner pursuant to such implementation (or amendments, as the
case may be) for services provided before the expiration of such
period.
``(5) Notice before public comment period.--Before the
beginning of any period a proposed implementation under this
subsection is open to public comment, written and oral notice of
the provisions of that proposed implementation shall be provided to
groups that advocate on behalf of Federal prisoners and to each
prisoner subject to such proposed implementation.
``(6) Comprehensive hiv/aids services required.--Any State or
local government assessing or collecting a fee under this
subsection shall provide comprehensive coverage for services
relating to human immunodeficiency virus (HIV) and acquired immune
deficiency syndrome (AIDS) to each Federal prisoner in the custody
of such State or local government when medically appropriate. The
State or local government may not assess or collect a fee under
this subsection for providing such coverage.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Federal Prisoner Health Care Copayment Act of 1999 - Amends the Federal criminal code to authorize the Director of the Bureau of Prisons to assess and collect a fee for health care services provided in connection with each health care visit requested by a prisoner, except for preventative health care services, emergency services, prenatal care, diagnosis or treatment of contagious diseases, mental health care, or substance abuse treatment. Defines "health care visit" to exclude a visit initiated by a prisoner: (1) pursuant to a staff referral; or (2) to obtain staff-approved followup treatment for a chronic condition.
Requires that each fee assessed be collected by the Director: (1) from the account of the prisoner receiving health care services; or (2) where such services are provided because of an injury inflicted by another prisoner, from the account of the prisoner who inflicted the injury. Sets a minimum fee of two dollars. Specifies that the prisoner's consent shall not be required for the collection of the fee.
Specifies that nothing herein may be construed to permit refusal of treatment to a prisoner on the basis that: (1) the prisoner's account is insolvent; or (2) the prisoner is otherwise unable to pay.
Requires that sums collected under this Act: (1) be used for restitution of the victims where the prisoner is subject to a restitution order; and (2) be deposited in the Crime Victims Fund (75 percent) and be available to the Attorney General for administrative expenses incurred in carrying out this Act (25 percent) where the prisoner is not subject to such an order.
Sets forth requirements for reporting by the Director.
(Sec. 3) Amends the code to authorize a State or local government to assess and collect a reasonable fee from a Federal prisoner's trust fund account (or institution equivalent) for health care services if the prisoner is confined in a non-Federal institution, under specified circumstances. Specifies that nothing herein may be construed to permit any refusal of treatment to a prisoner on the basis that the account of the prisoner is insolvent, or that the prisoner is otherwise unable to pay a fee assessed under this section. | {"src": "billsum_train", "title": "Federal Prisoner Health Care Copayment Act of 2000"} | 2,588 | 503 | 0.736691 | 2.329001 | 0.859871 | 4.413146 | 5.58216 | 0.896714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utah Test and Training Range
Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``covered wilderness'' means the wilderness
area designated by this Act and wilderness study areas located
near lands withdrawn for military use and beneath special use
airspace critical to the support of military test and training
missions at the Utah Test and Training Range, including the
Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch
Peak, King Top, Wah Wah Mountain, and Conger Mountain units
designated by the Department of the Interior.
(2) The term ``Tribe'' means the Skull Valley Band of
Goshute Indians.
(3) The term ``Utah Test and Training Range'' means those
portions of the military operating area of the Utah Test and
Training Area located solely in the State of Utah. The term
includes the Dugway Proving Ground.
(4) The term ``Wilderness Act'' means Public Law 88-577,
approved September 3, 1964 (16 U.S.C. 1131 et seq.).
SEC. 3. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND TRAINING
RANGE.
(a) Findings.--The Congress finds the following:
(1) The testing and development of military weapons systems
and the training of military forces are critical to ensuring
the national security of the United States.
(2) The Utah Test and Training Range in the State of Utah
is a unique and irreplaceable national asset at the core of the
test and training mission of the Department of Defense.
(3) The Cedar Mountain Wilderness Area designated by
section 5, as well as several wilderness study areas, are
located near lands withdrawn for military use or are beneath
special use airspace critical to the support of military test
and training missions at the Utah Test and Training Range.
(4) The Utah Test and Training Range and special use
airspace withdrawn for military uses create unique management
circumstances for the covered wilderness in this Act, and it is
not the intent of Congress that passage of this Act shall be
construed as establishing a precedent with respect to any
future national conservation area or wilderness designation.
(5) Continued access to the special use airspace and lands
that comprise the Utah Test and Training Range, under the terms
and conditions described in this section, is a national
security priority and is not incompatible with the protection
and proper management of the natural, environmental, cultural,
and other resources of such lands.
(b) Overflights.--Nothing in this Act or the Wilderness Act shall
preclude low-level overflights and operations of military aircraft,
helicopters, missiles, or unmanned aerial vehicles over the covered
wilderness, including military overflights and operations that can be
seen or heard within the covered wilderness.
(c) Special Use Airspace and Training Routes.--Nothing in this Act
or the Wilderness Act shall preclude the designation of new units of
special use airspace, the expansion of existing units of special use
airspace, or the use or establishment of military training routes over
the covered wilderness.
(d) Communications and Tracking Systems.--Nothing in this Act shall
prevent any required maintenance of existing communications,
instrumentation, or electronic tracking systems (or infrastructure
supporting such systems) or prevent the installation of new
communication, instrumentation, or other equipment necessary for
effective testing and training to meet military requirements in
wilderness study areas located beneath special use airspace comprising
the Utah Test and Training Range, including the Deep Creek, Fish
Springs, Swasey Mountain, Howell Peak, Notch Peak, King Top, Wah Wah
Mountain, and Conger Mountain units designated by the Department of
Interior, so long as the Secretary of the Interior, after consultation
with the Secretary of the Air Force, determines that the installation
and maintenance of such systems, when considered both individually and
collectively, comply with section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
(e) Emergency Access and Response.--Nothing in this Act or the
Wilderness Act shall preclude the continuation of the memorandum of
understanding in existence as of the date of enactment of this Act
between the Department of the Interior and the Department of the Air
Force with respect to emergency access and response.
(f) Prohibition on Ground Military Operations.--Except as provided
in subsections (d) and (e), nothing in this section shall be construed
to permit a military operation to be conducted on the ground in covered
wilderness in the Utah Test and Training Range unless such ground
operation is otherwise permissible under Federal law and consistent
with the Wilderness Act.
SEC. 4. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST AND TRAINING
RANGE.
(a) Analysis of Military Readiness and Operational Impacts.--The
Secretary of the Interior shall develop, maintain, and revise land use
plans pursuant to section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S. C. 1712) for Federal lands located in the Utah
Test and Training Range in consultation with the Secretary of Defense.
As part of the required consultation in connection with a proposed
revision of a land use plan, the Secretary of Defense shall prepare and
transmit to the Secretary of the Interior an analysis of the military
readiness and operational impacts of the proposed revision within six
months of a request from the Secretary of Interior.
(b) Limitation on Rights-of-Ways.--The Secretary of the Interior
shall not grant or issue any authorizations for rights-of-way under
section 501(a)(6) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1761(a)(6)) upon Federal lands identified as inventory units
UTU-020-086, UTU-020-088, UTU-020-095, UTU-020-096, UTU-020-100, UTU-
020-101, UTU-020-103, UTU-020-104, UTU-020-105, and UTU-020-110, as
generally depicted on the map entitled ``Wilderness Inventory, State of
Utah'' and dated August 1979, until the later of the following:
(1) The completion of a full revision of the Pony Express
Area Resource Management Plan, dated January 12, 1990, by the
Salt Lake Field Office of the Bureau of Land Management.
(2) January 1, 2015.
SEC. 5. DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN WILDERNESS, UTAH.
(a) Designation.--Certain Federal lands in Tooele County, Utah, as
generally depicted on the map entitled ``Cedar Mountain Wilderness''
and dated March 7, 2004, are hereby designated as wilderness and,
therefore, as a component of the National Wilderness Preservation
System to be known as the Cedar Mountain Wilderness Area.
(b) Withdrawal.--Subject to valid existing rights, the Federal
lands in the Cedar Mountain Wilderness Area are hereby withdrawn from
all forms of entry, appropriation, or disposal under the public land
laws, from location, entry, and patent under the United States mining
laws, and from disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments to such
laws.
(c) Map and Description.--(1) As soon as practicable after the date
of the enactment of this Act, the Secretary of the Interior shall
transmit a map and legal description of the Cedar Mountain Wilderness
Area to the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate.
(2) The map and legal description shall have the same force and
effect as if included in this Act, except that the Secretary of the
Interior may correct clerical and typographical errors in the map and
legal description.
(3) The map and legal description shall be on file and available
for public inspection in the office of the Director of the Bureau of
Land Management and the office of the State Director of the Bureau of
Land Management in the State of Utah.
(d) Administration.--Subject to valid existing rights and this Act,
the Cedar Mountain Wilderness Area shall be administered by the
Secretary of the Interior in accordance with the provisions of the
Wilderness Act, except that any reference in such provisions to the
effective date of the Wilderness Act (or any similar reference) shall
be deemed to be a reference to the date of the enactment of this Act.
(e) Land Acquisition.--Any lands or interest in lands within the
boundaries of the Cedar Mountain Wilderness Area acquired by the United
States after the date of the enactment of this Act shall be added to
and administered as part of the Cedar Mountain Wilderness Area.
(f) Fish and Wildlife Management.--As provided in section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall
be construed as affecting the jurisdiction of the State of Utah with
respect to fish and wildlife on the Federal lands located in that
State.
(g) Grazing.--Within the Cedar Mountain Wilderness Area, the
grazing of livestock, where established before the date of the
enactment of this Act, shall be permitted to continue subject to such
reasonable regulations, policies, and practices as the Secretary of the
Interior considers necessary, as long as such regulations, policies,
and practices fully conform with and implement the intent of Congress
regarding grazing in such areas, as such intent is expressed in the
Wilderness Act, section 101(f) of Public Law 101-628 (104 Stat. 4473),
and appendix A of the Report of the Committee on Interior and Insular
Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101-
405).
(h) Buffer Zones.--Congress does not intend for the designation of
the Cedar Mountain Wilderness Area to lead to the creation of
protective perimeters or buffer zones around the wilderness area. The
fact that nonwilderness activities or uses can be seen or heard within
the wilderness area shall not, of itself, preclude such activities or
uses up to the boundary of the wilderness area.
(i) Release From Wilderness Study Area Status.--The lands
identified as the Browns Spring Cherrystem on the map entitled
``Proposed Browns Spring Cherrystem'' and dated May 11, 2004, are
released from their status as a wilderness study area, and shall no
longer be subject to the requirements of section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) pertaining
to the management of wilderness study areas in a manner that does not
impair the suitability of those areas for preservation of wilderness.
SEC. 6. IDENTIFICATION OF ADDITIONAL BUREAU OF LAND MANAGEMENT LAND IN
UTAH AS TRUST LAND FOR SKULL VALLEY BAND OF GOSHUTES.
(a) Identification of Trust Land.--The Secretary of the Interior
shall identify approximately 640 additional acres of Bureau of Land
Management land in the State of Utah to be administered in trust for
the benefit of the Skull Valley Band of Goshutes.
(b) Special Considerations.--In identifying the land under
subsection (a), the Secretary of the Interior shall--
(1) consult with leaders of the Tribe and the Governor of
Utah; and
(2) ensure that the land has ready access to State or
Federal highways and, in the judgment of the Secretary,
provides the best opportunities for commercial economic
development in closest proximity to other lands of the Tribe.
(c) Placement in Trust.--Not later than December 31, 2005, the
Secretary of the Interior shall place the land identified pursuant to
subsection (a) into trust for the purposes of economic development for
the Tribe. At least 30 days before placing the land in trust for the
Tribe, the Secretary shall publish in the Federal Register legal
descriptions of the land to be placed in trust.
(d) Management of Trust Land.--The land placed into trust for the
Tribe under subsection (c) shall be administered in accordance with
laws generally applicable to property held in trust by the United
States for Indian Tribes, except that the land shall immediately revert
to the administrative control of the Bureau of Land Management if the
Tribe sells, or attempts to sell, any part of the land.
(e) Effect.--Nothing in this section--
(1) affects any valid right-of-way, lease, permit, mining
claim, grazing permit, water right, or other right or interest
of any person or entity (other than the United States) in or to
the trust land that exists before the date on which the land is
placed in trust for the Tribe under subsection (c);
(2) enlarges, impairs, or otherwise affects a right or
claim of the Tribe to any land or interest in land based on
Aboriginal or Indian title that exists before the date of the
enactment of this Act;
(3) constitutes an express or implied reservation of water
or water right for any purpose with respect to the trust land;
or
(4) affects any water right of the Tribe that exists before
the date of the enactment of this Act.
SEC. 7. RELATION TO OTHER LANDS AND LAWS.
(a) Other Lands.--Nothing in this Act shall be construed to affect
any Federal lands located outside of the covered wilderness or the
management of such lands.
(b) Conforming Repeal.--Section 2815 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
852) is amended by striking subsection (d). | Utah Test and Training Range Protection Act - States that nothing in this Act or the Wilderness Act shall: (1) preclude low-level overflights and operations of military aircraft, missiles, or unmanned aerial vehicles over the Utah Test and Training Range (Range), including the Dugway Proving Ground; (2) preclude the designation of new or expansion of existing units of special use airspace or the use or establishment of military training routes over such Range; (3) prevent any required maintenance of existing communications, instrumentation, or electronic tracking systems in the Range or the addition of communications, instrumentation, or equipment necessary for effective testing and training to meet military requirements in wilderness study areas located beneath special use airspace of the Range, upon specified determinations by the Secretary of the Interior; (4) preclude the continuation of a current memorandum of understanding between the Departments of the Interior and Air Force with respect to emergency access and response within the Range; or (5) permit ground military operations in covered wilderness of the Range, unless such operations are otherwise permissible under Federal law and consistent with the Wilderness Act.
Directs the Secretary to develop, maintain, and revise land use plans for Federal lands located in the Range, in consultation with the Secretary of Defense. Limits the issuance of rights-of-way in the Range.
Designates certain Federal lands in Tooele County, Utah, as the Cedar Mountain Wilderness Area. Withdraws such lands from all forms of entry, appropriation, or disposal under the public land laws, including mining and mineral and geothermal leasing. Authorizes fish and wildlife management and livestock grazing within such areas, as appropriate. Releases the Browns Springs Cherrystem area from its status as a wilderness study area.
Directs the Secretary to identify approximately 640 additional acres of Bureau of Land Management lands in Utah to be administered in trust for the benefit of the Skull Valley Band of Goshutes. | {"src": "billsum_train", "title": "To ensure the continued availability of the Utah Test and Training Range to support the readiness and training needs of the Armed Forces."} | 3,053 | 418 | 0.676252 | 2.397397 | 0.805606 | 5.142466 | 7.408219 | 0.956164 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children and Media Research
Advancement Act'' or the ``CAMRA Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to enable the National Institute of
Child Health and Human Development to--
(1) examine the role and impact, both positive and
negative, of electronic media in children's and adolescents'
cognitive, social, emotional, physical, and behavioral
development; and
(2) provide for a report to Congress containing the
empirical evidence and other results produced by the research
funded through grants under this Act.
SEC. 3. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE
DEVELOPMENT OF CHILDREN AND ADOLESCENTS.
Subpart 7 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285g et seq.) is amended by adding at the end the following:
``SEC. 452H. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE
DEVELOPMENT OF CHILDREN AND ADOLESCENTS.
``(a) In General.--Subject to the availability of appropriations,
the Secretary, acting through the Director of the Institute), shall
enter into a contract with the National Academy of Sciences, in
collaboration with the Institute of Medicine or another appropriate
entity to review, synthesize, and report on research, and establish
research priorities, regarding the roles and impact of electronic media
(including television, motion pictures, DVD's, interactive video games,
digital music, the Internet, and cell phones) and exposures to such
media on youth in the following core areas of development:
``(1) Cognitive.--Cognitive areas such as language
development, attention span, problem solving skills (such as
the ability to conduct multiple tasks or `multitask'), visual
and spatial skills, reading, and other learning abilities.
``(2) Physical.--Physical areas such as physical
coordination, diet, exercise, sleeping and eating routines.
``(3) Socio-behavioral.--Socio-behavioral areas such as
family activities and peer relationships including indoor and
outdoor play time, interactions with parents, consumption
habits, social relationships, aggression, and positive social
behavior.
``(b) Research Program.--
``(1) In general.--Taking into account the report provided
for under subsection (a), the Secretary, acting through the
Director, shall, subject to the availability of appropriations,
award grants for research concerning the role and impact of
electronic media on the cognitive, physical, and socio-
behavioral development of youth.
``(2) Requirements.--The research provided for under
paragraph (1) shall comply with the following requirements:
``(A) Such research shall focus on the impact of
factors such as media content (whether direct or
indirect), format, length of exposure, age of youth,
venue, and nature of parental involvement.
``(B) Such research shall not duplicate other
Federal research activities.
``(C) For purposes of such research, electronic
media shall include television, motion pictures, DVD's,
interactive video games, digital music, the Internet,
and cell phones.
``(3) Eligible entities.--To be eligible to receive a grant
under this subsection, an entity shall--
``(A) prepare and submit to the Director an
application at such time, in such manner, and
containing such information as the Director shall
require; and
``(B) agree to use amounts received under the grant
to carry out activities as described in this
subsection.
``(c) Reports.--
``(1) Report to the director.--Not later than 15 months
after the date of the enactment of this section, the report
provided for under subsection (a) shall be submitted to the
Director and to the appropriate committees of Congress.
``(2) Report to congress.--Not later than December 31,
2013, the Secretary, acting through the Director, shall prepare
and submit to the appropriate committees of Congress a report
that--
``(A) synthesizes the results of--
``(i) research carried out under the grant
program under subsection (b); and
``(ii) other related research, including
research conducted by the private or public
sector and other Federal entities; and
``(B) outlines existing research gaps in light of
the information described in subparagraph (A).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for fiscal year
2008, $15,000,000 for fiscal year 2009, $20,000,000 for fiscal year
2010, $25,000,000 for fiscal year 2011, and $25,000,000 for fiscal year
2012.''. | Children and Media Research Advancement Act or the CAMRA Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the National Institute of Child Health and Human Development, to enter into a contract with the National Academy of Science or another appropriate entity to: (1) review, synthesize, and report on research regarding the roles and impact of electronic media (including television, motion pictures, DVD's, interactive video games, digital music, the Internet, and cell phones) and exposures to such media on youth in core areas of development; and (2) establish research priorities regarding such issues.
Directs the Secretary, acting through the Director, to award grants for research concerning the role and impact of electronic media on the cognitive, physical, and socio-behavioral development of youth. Requires such research to: (1) focus on the impact of factors such as media content, format, length of exposure, age of youth, venue, and nature of parental involvement; and (2) include as electronic media television, motion pictures, DVDs, interactive video games, digital music, the Internet, and cell phones. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to authorize funding for the establishment of a program on children and the media within the National Institute of Child Health and Human Development to study the role and impact of electronic media in the development of children."} | 1,042 | 240 | 0.709482 | 2.193456 | 0.859678 | 6.532751 | 4.266376 | 0.969432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Economic Adjustment Act of
2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) When a community suffers a significant loss of jobs
over a relatively short period of time whether from industrial
or corporate restructuring, new requirements in Federal laws or
regulations, reduction in defense expenditures, depletion of
natural resources, natural disasters, changing trade patterns
or other reasons, it can experience sudden economic distress.
(2) Federal departments and agencies with existing programs
that support workers and communities in States and local areas
in their efforts to recover from this economic distress do so
in a capacity defined by the mission of the department or
agency.
(3) Federal departments and agencies providing such
assistance include the Department of Agriculture, Department of
Commerce, Department of Defense, Department of Education,
Department of Labor, Department of Housing and Urban
Development, the Department of the Treasury, and the Small
Business Administration.
(4) To date, no Federal department or agency has unique
authority to coordinate these often independent efforts across
the Federal Government in the same manner as the Federal
Emergency Management Agency is charged to coordinate the
Federal response to a disaster or the Department of Defense's
Office of Economic Adjustment is charged to coordinate the
Federal response for communities experiencing base closures and
realignments.
(5) There is a recognized need for the Federal Government
to be able to coordinate its response to communities
experiencing sudden economic distress both at the national
level and in the community itself, and to further be able to
coordinate the Federal response with State and local efforts.
(6) The Office of Economic Adjustment of the Department of
Defense has successfully provided such coordination across the
Federal Government for communities experiencing defense base
closures and is a good model on which to base any government-
wide coordination effort with respect to communities
experiencing sudden economic distress.
(7) The mission of the Economic Development Administration
of the Department of Commerce includes helping States and local
areas to design and implement strategies for facilitating
adjustment to changes in their economic situation that are causing or
threaten to cause serious structural damage to the underlying economic
base which may occur suddenly, and as a result, is the most appropriate
place in the Federal Government to locate an office to coordinate
Federal response to communities experiencing sudden economic distress.
(b) Purposes.--The purposes of this Act are--
(1) to help communities to adjust to such economic
dislocation by providing for targeted and integrated Federal
responses by authorizing the Secretary of Commerce to
coordinate the Federal response through an Office of Community
Economic Adjustment which will employ methods and techniques
proven successful by the Defense Department's Office of
Economic Adjustment in connection with defense base closures;
and
(2) to increase authorization of appropriations for
community adjustment programs of the Economic Development
Administration to provide the Secretary of Commerce with more
resources for grant assistance for communities to support the
development and implementation of adjustment strategies that
are designed to restore vital economic activity and create new
jobs.
SEC. 3 OFFICE OF COMMUNITY ECONOMIC ADJUSTMENT.
Title V of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3191) is amended by adding at the end the following:
``SEC. 508. OFFICE OF COMMUNITY ECONOMIC ADJUSTMENT.
``(a) Establishment.--The Secretary is authorized to establish in
the Economic Development Administration an Office of Community Economic
Adjustment (hereinafter in this section referred to as the `Office').
The head of the Office shall, not later than 90 days after the date of
the enactment of the Community Economic Adjustment Act of 2000, develop
an operating plan for the Office.
``(b) Duties.--The Office shall--
``(1) coordinate the Federal Government's response to
communities experiencing sudden economic distress caused by a
loss of jobs due to plant closures, significant layoffs, or
significant relocation of jobs to other communities for any
reason, including shifting patterns in international trade,
natural disasters or other problems, by--
``(A) identifying relevant programs and resources
to ensure that communities are aware of all available
Federal resources that complement or support state and
local resources and programs; and
``(B) working with the Departments of the Treasury,
Agriculture, Labor, Housing and Urban Development, and
Education, the Small Business Administration, and other
agencies to ensure that communities receive Federal
assistance in a targeted, integrated manner;
``(C) assigning a project manager as appropriate to
work with an affected community to carry out
subparagraphs (A) and (B);
``(2) provide technical assistance, planning grants, and
other assistance under this Act to help communities organize
themselves, develop, and carry out economic adjustment
strategies for replacing industry and jobs that have been lost
or are threatened by the economic downturn;
``(3) help eligible applicants in completing applications
for other assistance that may be useful in alleviating the
economic distress in the communities; and
``(4) perform such other duties as the Secretary may deem
appropriate.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Title VII of the Public Works and Economic Development Act (42
U.S.C. 3231) is amended by adding at the end the following:
``SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR COMMUNITY ADJUSTMENT
ASSISTANCE.
``(a) In General.--In addition to amounts made available under
section 701, there is authorized to be appropriated $35,000,000 for
each of fiscal years 2001 through 2005 for community adjustment
assistance under the economic adjustment program of the Economic
Development Administration, of which--
``(1) $10,000,000 is authorized to be appropriated for each
such fiscal year to the Office of Community Economic Adjustment
established under section 508(a) for the conduct of the duties
of the Office under section 508(b), of which not to exceed
$1,500,000 may be made available for salaries and expenses of
the Office; and
``(2) $25,000,000 is authorized to be appropriated for each
such fiscal year for additional economic development program
funds in addition to the amounts available for such purposes
for communities successfully completing planning grants (as
described in section 508(b)(2)) to implement their approved
plans.
``(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.''. | Authorizes appropriations for FY 2001 through 2005 for community adjustment assistance under the economic adjustment program of the EDA, including specified amounts for such Office and for communities successfully completing planning grants to implement their approved plans. | {"src": "billsum_train", "title": "Community Economic Adjustment Act of 2000"} | 1,387 | 46 | 0.446263 | 1.179793 | 0.686995 | 4.384615 | 34.128205 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniformed Services Medicare
Subvention Demonstration Project Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Medicare-eligible covered military beneficiary.--The
term ``medicare-eligible covered military beneficiary'' means a
beneficiary under chapter 55 of title 10, United States Code,
including a beneficiary under section 1074(a) of such title,
who is entitled to benefits under part A of title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.).
(2) TRICARE program.--The term ``TRICARE program'' means
the managed health care program that is established by the
Secretary of Defense under the authority of chapter 55 of title
10, United States Code, principally section 1097 of such title,
and includes the competitive selection of contractors to
financially underwrite the delivery of health care services
under the Civilian Health and Medical Program of the Uniformed
Services.
(3) Military treatment facility.--The term ``military
treatment facility'' means a facility referred to in section
1074(a) of title 10, United States Code.
SEC. 3. ESTABLISHMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Health and Human Services shall jointly establish a demonstration
project to provide the Department of Defense with reimbursement, in
accordance with section 4, from the medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) for health services
provided to certain medicare-eligible covered military beneficiaries.
(b) Geographic Regions.--The demonstration project established
under this section shall be conducted in one or more geographic regions
in which the TRICARE program has been implemented.
(c) Duration.--The demonstration project established under this
section shall be conducted for a period not to exceed 2 years.
(d) Reporting.--
(1) In general.--
(A) First annual report.--Not later than 15 months
after the demonstration project under this section has
been established, the Secretary of Defense and the
Secretary of Health and Human Services shall jointly
submit to Congress a report including the information
described in paragraph (2).
(B) Final report.--Not later than 90 days after the
termination of the demonstration project, the Secretary
shall jointly submit to Congress a final report
including the information described in paragraph (2).
(2) Information described.--The information described in
this paragraph includes the following:
(A) The number of medicare-eligible covered
military beneficiaries opting to participate in the
demonstration project established under this section
instead of receiving health benefits through another
health insurance plan (including through the medicare
program).
(B) Whether, and in what manner, easier access to
the military treatment system affects the number of
medicare-eligible covered military beneficiaries
receiving health benefits under the medicare program.
(C) A list of the health insurance plans and
programs that were the primary payers for medicare-
eligible covered military beneficiaries during the year
prior to such beneficiary's participation in the
demonstration project and the distribution of
enrollment of such beneficiaries in such plans and
programs.
(D) The total number of medicare-eligible covered
military beneficiaries who participated in the project
during the preceding year and the number of such
beneficiaries who were entitled to benefits under part
A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
and were not enrolled under part B of such title.
(E) An identification of cost-shifting (if any)
among medical care programs as a result of the
demonstration project and a description of the nature
of any such cost-shifting.
(F) An analysis of how the demonstration project
affects the overall accessibility of the military
treatment system and the amount of space available for
point-of-service care and a description of the
unintended effects (if any) upon the normal treatment
priority system.
(G) A description of the difficulties (if any)
experienced by the Department of Defense in managing
the demonstration project.
(H) A description of the effects of the
demonstration project on military treatment facility
readiness and training and the probable effects of the
project on overall Department of Defense medical
readiness and training.
(I) A description of the effects that the
demonstration project, if permanent, would be expected
to have on the overall budget of the military health
care system and the budgets of individual military
treatment facilities.
(J) Whether the demonstration project affects the
cost to the Department of Defense of prescription drugs
or the accessibility, availability, and cost of such
drugs to program beneficiaries.
SEC. 4. REIMBURSEMENT AMOUNTS.
(a) Payment to Department of Defense.--The Secretary of Health and
Human Services shall make monthly payments to the Department of Defense
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund (allocated between each
Trust Fund in an amount to be determined by the Secretary of Health and
Human Services based on the relative weight that benefits from each
Trust Fund contribute to the amounts determined under this subsection)
in an amount equal to the sum of--
(1) the payments determined under subsection (b) with
respect to medicare-eligible covered military beneficiaries who
are enrolled in the TRICARE program; and
(2) the payments determined under subsection (c) with
respect to such beneficiaries who are not enrolled in the
TRICARE program.
(b) TRICARE Payments.--
(1) In general.--The amount of payment determined under
this subsection is an amount equal to \1/12\ of the amount
determined under paragraph (2) for each medicare-eligible
covered military beneficiary enrolled during the year in the
TRICARE program in a geographic region in which the
demonstration project is in operation, but only if such
beneficiary's enrollment is in excess of the minimum enrollment
number determined under subsection (d)(1)(A) for such
geographic region.
(2) Amount determined.--The amount determined under this
paragraph is an amount equal to--
(A) in the case of an individual entitled to
benefits under part A and enrolled under part B of
title XVIII of the Social Security Act, 93 percent of
the average adjusted per capita cost determined under
section 1876(a)(4) of the Social Security Act (42
U.S.C. 1395mm(a)(4)) for such year; or
(B) in the case of an individual entitled to
benefits under part A and not enrolled under part B of
such title, an amount equal to the amount determined
under subparagraph (A) attributable to services covered
by and expenses otherwise reimbursable under part A of
such title only.
(c) Treatment at a Military Treatment Facility.--The amount of
payment determined under this subsection is an amount equal to the sum
of the Secretary's estimates of the amounts determined for each health
service (using a DRG equivalent and fee schedule equivalent scale
developed by the Secretary of Health and Human Services) provided
during the month for which the payment is made under subsection (a) to
each medicare-eligible covered military beneficiary (other than a
beneficiary who is enrolled in the TRICARE program) in a military
treatment facility located in a geographic region in which the
demonstration project is in operation, but only if such level is in
excess of \1/12\ of the minimum level of health services described
under subsection (d)(1)(B) for such geographic region.
(d) Establishment of Base Level of Coverage.--
(1) In general.--Prior to the establishment of the
demonstration project under this Act and subject to paragraph
(2), the Secretary of Defense and the Secretary of Health and
Human Services shall jointly estimate, based on the best
available data--
(A) a minimum enrollment number of medicare-
eligible covered military beneficiaries who are
required to enroll in the TRICARE program during a year
in each geographic region in which the demonstration
project is in operation before the Department of
Defense may receive payment under subsection (a)(1);
and
(B) a minimum level of health services (using a DRG
equivalent and fee schedule equivalent scale developed
by the Secretary of Health and Human Services) provided
to medicare-eligible covered military beneficiaries
(other than beneficiaries enrolled in the TRICARE
program) during a year through a military treatment
facility in each geographic region in which the
demonstration project is in operation before the
Department of Defense may receive payment under
subsection (a)(2).
(2) Determination of baseline costs.--The Secretary of
Defense and the Secretary of Health and Human Services shall
establish the minimum enrollment number under paragraph (1)(A)
and the minimum level of health services under paragraph (1)(B)
such that the projected expenditures by the Department of
Defense for such number of medicare-eligible covered military
beneficiaries and such level of services provided to such
beneficiaries by the Department of Defense is equivalent to the
projected expenditures that would have been made by the
Department for such beneficiaries if the demonstration project
under this Act had not been established.
(3) Upper reimbursement limits.--The Secretary of Defense
and the Secretary of Health and Human Services shall jointly
establish a maximum number of medicare-eligible covered
military beneficiaries and maximum level of health services for
which payment may be made by the Secretary of Health and Human
Services under subsection (a).
(e) TRICARE Program Enrollment Fee Waiver.--The Secretary of
Defense shall waive the enrollment fee applicable to any individual
enrolled in the TRICARE program for whom reimbursement in the amount
determined under subsection (b)(2)(A) is received under subsection
(b)(1).
SEC. 5. MEDICARE SUBVENTION FUND.
(a) Establishment.--There is hereby established in the Treasury of
the United States a revolving fund known as the Medicare Subvention
Fund (hereafter in this section referred to as the ``Fund'').
(b) Use of Funds.--The Fund shall be available to the Secretary of
Defense, as so provided in appropriations Acts from funds otherwise
appropriated to the Department of Defense, and without fiscal year
limitation--
(1) to make payments to the Secretary of Health and Human
Services for deposit into the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund
in order to reimburse such Funds for additional costs to such
Trust Funds resulting from the operation of the demonstration
project established under this Act;
(2) to provide for the participation of medicare-eligible
covered military beneficiaries in excess of the maximum
enrollment number and maximum level of health services
established under section 4(d)(1);
(3) to provide for payment of administrative expenses
associated with the demonstration project established under
this Act; and
(4) if amounts are available in the Fund after expenditures
are made under paragraphs (1) through (3), for any other lawful
purpose for which the Secretary of Defense may expend funds.
(c) No Funds Available.--The Secretary of Defense may, if
inadequate amounts are available in the Fund, limit the enrollment of
medicare-eligible covered military beneficiaries in the demonstration
project established under this Act.
(d) Authorization of Appropriations.--For each of fiscal years 1997
and 1998, there are authorized to be appropriated from funds otherwise
appropriated to the Department of Defense, for deposit in the Fund such
sums as may be necessary to carry out the purposes described in
paragraphs (1) through (3) of subsection (c). Any amounts appropriated
in accordance with this subsection shall not be taken into account in
establishing appropriations levels for the Department of Defense health
affairs budget. | Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training.
Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts.
Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project.
Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses.
Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this Act. | {"src": "billsum_train", "title": "Uniformed Services Medicare Subvention Demonstration Project Act"} | 2,509 | 402 | 0.65759 | 2.028728 | 0.811581 | 2.737288 | 6.652542 | 0.861582 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine for Regulatory Decrees and
Settlements Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``agency'' and ``agency action'' have the
meanings given those terms under section 551 of title 5, United
States Code;
(2) the term ``covered civil action'' means a civil
action--
(A) seeking to compel agency action;
(B) alleging that the agency is unlawfully
withholding or unreasonably delaying an agency action
relating to a regulatory action that would affect the
rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or tribal government;
and
(C) brought under--
(i) chapter 7 of title 5, United States
Code; or
(ii) any other statute authorizing such an
action;
(3) the term ``covered consent decree'' means--
(A) a consent decree entered into in a covered
civil action; and
(B) any other consent decree that requires agency
action relating to a regulatory action that affects the
rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or tribal government;
(4) the term ``covered consent decree or settlement
agreement'' means a covered consent decree and a covered
settlement agreement; and
(5) the term ``covered settlement agreement'' means--
(A) a settlement agreement entered into in a
covered civil action; and
(B) any other settlement agreement that requires
agency action relating to a regulatory action that
affects the rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or tribal government.
SEC. 3. CONSENT DECREE AND SETTLEMENT REFORM.
(a) Pleadings and Preliminary Matters.--
(1) In general.--In any covered civil action, the agency
against which the covered civil action is brought shall publish
the notice of intent to sue and the complaint in a readily
accessible manner, including by making the notice of intent to
sue and the complaint available online not later than 15 days
after receiving service of the notice of intent to sue or
complaint, respectively.
(2) Entry of a covered consent decree or settlement
agreement.--A party may not make a motion for entry of a
covered consent decree or to dismiss a civil action pursuant to
a covered settlement agreement until after the end of
proceedings in accordance with paragraph (1) and subparagraphs
(A) and (B) of paragraph (2) of subsection (d) or subsection
(d)(3)(A), whichever is later.
(b) Intervention.--
(1) Rebuttable presumption.--In considering a motion to
intervene in a covered civil action or a civil action in which
a covered consent decree or settlement agreement has been
proposed that is filed by a person who alleges that the agency
action in dispute would affect the person, the court shall
presume, subject to rebuttal, that the interests of the person
would not be represented adequately by the existing parties to
the action.
(2) State, local, and tribal governments.--In considering a
motion to intervene in a covered civil action or a civil action
in which a covered consent decree or settlement agreement has
been proposed that is filed by a State, local, or tribal
government, the court shall take due account of whether the
movant--
(A) administers jointly with an agency that is a
defendant in the action the statutory provisions that
give rise to the regulatory action to which the action
relates; or
(B) administers an authority under State, local, or
tribal law that would be preempted by the regulatory
action to which the action relates.
(c) Settlement Negotiations.--Efforts to settle a covered civil
action or otherwise reach an agreement on a covered consent decree or
settlement agreement shall--
(1) be conducted pursuant to the mediation or alternative
dispute resolution program of the court or by a district judge
other than the presiding judge, magistrate judge, or special
master, as determined appropriate by the presiding judge; and
(2) include any party that intervenes in the action.
(d) Publication of and Comment on Covered Consent Decrees or
Settlement Agreements.--
(1) In general.--Not later than 60 days before the date on
which a covered consent decree or settlement agreement is filed
with a court, the agency seeking to enter the covered consent
decree or settlement agreement shall publish in the Federal
Register and online--
(A) the proposed covered consent decree or
settlement agreement; and
(B) a statement providing--
(i) the statutory basis for the covered
consent decree or settlement agreement; and
(ii) a description of the terms of the
covered consent decree or settlement agreement,
including whether it provides for the award of
attorneys' fees or costs and, if so, the basis
for including the award.
(2) Public comment.--
(A) In general.--An agency seeking to enter a
covered consent decree or settlement agreement shall
accept public comment during the period described in
paragraph (1) on any issue relating to the matters
alleged in the complaint in the applicable civil action
or addressed or affected by the proposed covered
consent decree or settlement agreement.
(B) Response to comments.--An agency shall respond
to any comment received under subparagraph (A).
(C) Submissions to court.--When moving that the
court enter a proposed covered consent decree or
settlement agreement or for dismissal pursuant to a
proposed covered consent decree or settlement
agreement, an agency shall--
(i) inform the court of the statutory basis
for the proposed covered consent decree or
settlement agreement and its terms;
(ii) submit to the court a summary of the
comments received under subparagraph (A) and
the response of the agency to the comments;
(iii) submit to the court a certified index
of the administrative record of the notice and
comment proceeding; and
(iv) make the administrative record
described in clause (iii) fully accessible to
the court.
(D) Inclusion in record.--The court shall include
in the court record for a civil action the certified
index of the administrative record submitted by an
agency under subparagraph (C)(iii) and any documents
listed in the index which any party or amicus curiae
appearing before the court in the action submits to the
court.
(3) Public hearings permitted.--
(A) In general.--After providing notice in the
Federal Register and online, an agency may hold a
public hearing regarding whether to enter into a
proposed covered consent decree or settlement
agreement.
(B) Record.--If an agency holds a public hearing
under subparagraph (A)--
(i) the agency shall--
(I) submit to the court a summary
of the proceedings;
(II) submit to the court a
certified index of the hearing record;
and
(III) provide access to the hearing
record to the court; and
(ii) the full hearing record shall be
included in the court record.
(4) Mandatory deadlines.--If a proposed covered consent
decree or settlement agreement requires an agency action by a
date certain, the agency shall, when moving for entry of the
covered consent decree or settlement agreement or dismissal
based on the covered consent decree or settlement agreement,
inform the court of--
(A) any required regulatory action the agency has
not taken that the covered consent decree or settlement
agreement does not address;
(B) how the covered consent decree or settlement
agreement, if approved, would affect the discharge of
the duties described in subparagraph (A); and
(C) why the effects of the covered consent decree
or settlement agreement on the manner in which the
agency discharges its duties is in the public interest.
(e) Submission by the Government.--
(1) In general.--For any proposed covered consent decree or
settlement agreement that contains a term described in
paragraph (2), the Attorney General or, if the matter is being
litigated independently by an agency, the head of the agency
shall submit to the court a certification that the Attorney
General or head of the agency approves the proposed covered
consent decree or settlement agreement. The Attorney General or
head of the agency shall personally sign any certification
submitted under this paragraph.
(2) Terms.--A term described in this paragraph is--
(A) in the case of a covered consent decree, a term
that--
(i) converts into a nondiscretionary duty a
discretionary authority of an agency to
propose, promulgate, revise, or amend
regulations;
(ii) commits an agency to expend funds that
have not been appropriated and that have not
been budgeted for the regulatory action in
question;
(iii) commits an agency to seek a
particular appropriation or budget
authorization;
(iv) divests an agency of discretion
committed to the agency by statute or the
Constitution of the United States, without
regard to whether the discretion was granted to
respond to changing circumstances, to make
policy or managerial choices, or to protect the
rights of third parties; or
(v) otherwise affords relief that the court
could not enter under its own authority upon a
final judgment in the civil action; or
(B) in the case of a covered settlement agreement,
a term--
(i) that provides a remedy for a failure by
the agency to comply with the terms of the
covered settlement agreement other than the
revival of the civil action resolved by the
covered settlement agreement; and
(ii) that--
(I) interferes with the authority
of an agency to revise, amend, or issue
rules under the procedures set forth in
chapter 5 of title 5, United States
Code, or any other statute or Executive
order prescribing rulemaking procedures
for a rulemaking that is the subject of
the covered settlement agreement;
(II) commits the agency to expend
funds that have not been appropriated
and that have not been budgeted for the
regulatory action in question; or
(III) for such a covered settlement
agreement that commits the agency to
exercise in a particular way discretion
which was committed to the agency by
statute or the Constitution of the
United States to respond to changing
circumstances, to make policy or
managerial choices, or to protect the
rights of third parties.
(f) Review by Court.--
(1) Amicus.--A court considering a proposed covered consent
decree or settlement agreement shall presume, subject to
rebuttal, that it is proper to allow amicus participation
relating to the covered consent decree or settlement agreement
by any person who filed public comments or participated in a
public hearing on the covered consent decree or settlement
agreement under paragraph (2) or (3) of subsection (d).
(2) Review of deadlines.--
(A) Proposed covered consent decrees.--For a
proposed covered consent decree, a court shall not
approve the covered consent decree unless the proposed
covered consent decree allows sufficient time and
incorporates adequate procedures for the agency to
comply with chapter 5 of title 5, United States Code,
and other applicable statutes that govern rulemaking
and, unless contrary to the public interest, the
provisions of any Executive order that governs
rulemaking.
(B) Proposed covered settlement agreements.--For a
proposed covered settlement agreement, a court shall
ensure that the covered settlement agreement allows
sufficient time and incorporates adequate procedures
for the agency to comply with chapter 5 of title 5,
United States Code, and other applicable statutes that
govern rulemaking and, unless contrary to the public
interest, the provisions of any Executive order that
governs rulemaking.
(g) Annual Reports.--Each agency shall submit to Congress an annual
report that, for the year covered by the report, includes--
(1) the number, identity, and content of covered civil
actions brought against and covered consent decrees or
settlement agreements entered against or into by the agency;
and
(2) a description of the statutory basis for--
(A) each covered consent decree or settlement
agreement entered against or into by the agency; and
(B) any award of attorneys fees or costs in a civil
action resolved by a covered consent decree or
settlement agreement entered against or into by the
agency.
SEC. 4. MOTIONS TO MODIFY CONSENT DECREES.
If an agency moves a court to modify a covered consent decree or
settlement agreement and the basis of the motion is that the terms of
the covered consent decree or settlement agreement are no longer fully
in the public interest due to the obligations of the agency to fulfill
other duties or due to changed facts and circumstances, the court shall
review the motion and the covered consent decree or settlement
agreement de novo.
SEC. 5. EFFECTIVE DATE.
This Act shall apply to--
(1) any covered civil action filed on or after the date of
enactment of this Act; and
(2) any covered consent decree or settlement agreement
proposed to a court on or after the date of enactment of this
Act. | Sunshine for Regulatory Decrees and Settlements Act of 2017 This bill establishes public notice and comment procedures and motion to intervene standards for civil actions seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action, and for consent decrees or settlement agreements that require agency action, relating to a regulatory action that would affect the rights of: (1) private persons other than the person bringing the action; or (2) a state, local, or tribal government. The bill sets forth requirements for: agencies against which such an action is brought to publish online, within 15 days after receipt, the notice of intent to sue and the complaint; courts to consider motions to intervene and allow amicus participation; and any settlement proceedings to include intervening parties and to be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge. Agencies seeking to enter such a consent decree or settlement agreement must: publish, and accept and respond to public comment on, the proposed agreement or decree for 60 days before filing it with the court; and make available to the court the administrative record and a summary of public comments and any public hearings. The Department of Justice, or an agency litigating a matter independently, must certify to the court its approval of such proposed: (1) consent decrees that include terms that convert into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations, commit an agency to expend funds that have not been appropriated and budgeted or to seek a particular appropriation or budget authorization, divest an agency of discretion committed to it by statute or the Constitution, or otherwise afford any relief that the court could not enter under its own authority; or (2) settlement agreements that include terms that provide a remedy for a failure by the agency to comply with the terms of the agreement other than the revival of the civil action resolved by the agreement, interfere with the authority of an agency to revise, amend, or issue rules, or commit the agency to expend funds that have not been appropriated and budgeted or to exercise in a particular way discretion which was committed to the agency by statute or the Constitution. Courts: (1) shall not approve such consent decrees or settlement agreements unless they allow sufficient time and procedures to comply with the Administrative Procedure Act, rulemaking statutes, and executive orders; and (2) shall grant de novo review if an agency files a motion to modify such a decree or agreement on the basis that its terms are no longer fully in the public interest due to changed facts and circumstances or the agency's obligations to fulfill other duties. | {"src": "billsum_train", "title": "Sunshine for Regulatory Decrees and Settlements Act of 2017"} | 2,842 | 582 | 0.643853 | 2.288842 | 0.648159 | 3.675573 | 5.181298 | 0.908397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safer Workplaces Act''.
TITLE I--PROTECTING EMPLOYEES FROM REPRISALS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Safety and Health Whistleblower
Protection Act''.
SEC. 102. EMPLOYEE ACTIONS.
Section 11(c)(1) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 660(c)(1)) is amended by inserting before the period the
following: ``including reporting any injury, illness or unsafe
condition''.
SEC. 103. PROHIBITION OF DISCRIMINATION.
Section 11(c) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 660(c)) is amended by striking paragraph (2) and inserting the
following:
``(2) No person shall discharge or in any manner discriminate
against an employee for refusing to perform the employee's duties when
the employee has a reasonable apprehension that performing such duties
would result in serious injury or serious impairment of health to the
employee or other employees. The circumstances causing the employee's
apprehension of serious injury must be of such a nature that a
reasonable person would conclude that there is a danger of serious
injury or serious impairment of health. This paragraph shall only apply
to an employee to the extent that the employee, if possible,
communicated to the employer the danger perceived.''.
SEC. 104. PROCEDURE.
Section 11(c) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 660(c)) is amended by striking paragraph (3) and inserting the
following:
``(3) Any employee who believes that he or she has been discharged,
disciplined, or otherwise discriminated against in violation of
paragraph (1) or (2) may, within 180 days after the date on which such
alleged violation occurs, file (or have filed by any person on the
employee's behalf) a complaint with the Secretary alleging such
discharge, discipline, or discrimination. Upon receipt of such a
complaint, the Secretary shall notify the person named in the complaint
of the filing of the complaint.
``(4)(A) Within 90 days of the receipt of a complaint filed under
paragraph (3), the Secretary shall conduct an investigation and
determine whether there is reasonable cause to believe that the
complaint has merit and shall notify the complainant and the person
alleged to have committed the violation of paragraph (1) or (2) of the
Secretary's findings. Where the Secretary has determined that there is
reasonable cause to believe that a violation has occurred, the
Secretary's findings shall be accompanied by a preliminary order
providing the relief prescribed by subparagraph (E).
``(B)(i) After a preliminary order is issued under subparagraph
(A), the person alleged to have committed the violation involved or the
complainant may, within 30 days, file objections to the findings or
preliminary order, or both, and request a hearing on the record, except
that the filing of such objections shall not operate to stay any
reinstatement remedy contained in the preliminary order; and
``(ii) If a hearing described in clause (i) is not requested in a
timely manner as provided for under such clause, the preliminary order
involved shall be deemed a final order and not be subject to judicial
review.
``(C) If the Secretary has not issued findings under subparagraph
(A) within the 90-day period described in such subparagraph, and the
employee or representative of the employee files a request for a
hearing with the Secretary, the Secretary shall afford an opportunity
for a hearing on the record.
``(D) If requested under subparagraph (C), a hearing shall be
conducted by an administrative law judge and a recommended decision and
order issued expeditiously. The legal burdens of proof that prevail
under section 1221 of title 5, United States Code, shall govern
adjudication of violations under this subsection. The Secretary shall
issue a final order within 120 days of the issuance of the recommended
decision. In the interim, such proceedings may be terminated at any
time on the basis of a settlement agreement entered into by the
Secretary, the complainant, and the person alleged to have committed
the violation.
``(E) If, in response to a complaint filed under paragraph (3), the
Secretary determines that a violation of paragraph (1) or (2) has
occurred, the Secretary shall order as appropriate--
``(i) the person who committed such violation to correct
the violation;
``(ii) the person to reinstate the complainant to the
complainant's former position together with the compensation
(including back pay), terms, conditions, and privileges of the
position;
``(iii) compensatory damages; and
``(iv) exemplary damages.
Upon issuance of such an order, the Secretary may assess against the
person against whom the order is issued a sum equal to the aggregate
amount of all costs and expenses (including attorney's fees and expert
witness fees) reasonably incurred, as determined by the Secretary, by
the complainant for, or in connection with, the bringing of the
complaint upon which the order was issued, including costs and expenses
incurred upon review before a court of appeals.
``(F) In conducting an investigation or adjudication under this
paragraph, the provisions of section 8(b) shall apply.
``(5)(A) Any person adversely affected or aggrieved by a final
order issued under paragraph (4)(D) may obtain review of the order
before the United States court of appeals for the circuit in which the
violation, with respect to which the order was issued, occurred, or the
circuit in which such person resided on the date of such violation. The
petition for review must be filed within 60 days from the date on which
the Secretary's order was issued. Such review shall be in accordance
with the provisions of chapter 7 of title 5, United States Code. An
order of the Secretary subject to review under this subsection is not
subject to judicial review in a criminal or other civil proceeding. The
commencement of proceedings under this subsection shall not, unless
ordered by the court, operate as a stay of the order of the Secretary.
``(B) When a person has failed to comply with a final order or an
order of reinstatement issued under paragraph (4), the Secretary or the
person on behalf of whom the order was issued may file a civil action
in the United States district court for the district in which the
violation was found to occur in order to enforce such order. In actions
brought under this subparagraph, the district court shall have
jurisdiction to grant additional appropriate relief in light of the
noncompliance.''.
SEC. 105. RELATION TO ENFORCEMENT.
Section 17(j) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 666(j)) is amended by inserting before the period the following:
``, including the history of violation under section 11(c)''.
SEC. 106. EFFECTIVE DATE.
The amendments made by this title shall take effect 90 days after
the date of enactment of this Act.
TITLE II--MISCELLANEOUS AMENDMENTS
SEC. 201. COVERAGE OF FEDERAL, STATE AND POLITICAL SUBDIVISION
EMPLOYEES.
Section 3(5) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 652(5)) is amended to read as follows:
``(5) The term `employer' means a person engaged in a
business affecting commerce who has employees, including the
United States and the United States Postal Service and any
State or political subdivision of a State.''.
SEC. 202. OSHA CRIMINAL PENALTIES.
Section 17 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 666) is amended--
(1) in subsection (e)--
(A) by striking ``fine of not more than $10,000''
and inserting ``fine in accordance with section 3571 of
title 18, United States Code,'';
(B) by striking ``six months'' and inserting ``10
years'';
(C) by striking ``fine of not more than $20,000''
and inserting ``fine in accordance with section 3571 of
title 18, United States Code,'';
(D) by striking ``one year'' and inserting ``20
years''; and
(E) by inserting ``under this subsection or
subsection (i)'' after ``first conviction of such
person'';
(2) in subsection (f), by striking ``fine of not more than
$1,000 or by imprisonment for not more than six months,'' and
inserting ``fine in accordance with section 3571 of title 18,
United States Code, or by imprisonment for not more than 2
years,''; and
(3) in subsection (g), by striking ``fine of not more than
$10,000, or by imprisonment for not more than six months,'' and
inserting ``fine in accordance with section 3571 of title 18,
United States Code, or by imprisonment for not more than 1
year,''. | TABLE OF CONTENTS:
Title I: Protecting Employees from Reprisals
Title II: Miscellaneous Amendments
Safer Workplaces Act -
Title I: Protecting Employees from Reprisals
- Safety and Health Whistleblower Protection Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to prohibit employer reprisals against employees based on certain employee conduct concerning safe and healthy working conditions.
Title II: Miscellaneous Amendments
- Provides for coverage of Federal employees and postal employees under OSHA (while still excluding State and local government employees from such coverage).
(Sec. 202) Revises certain criminal penalties under OSHA, including by increasing prison sentences and fines. | {"src": "billsum_train", "title": "Safer Workplaces Act"} | 2,060 | 165 | 0.396046 | 1.120956 | 0.607364 | 2.032258 | 15.233871 | 0.790323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Hurricane Tracking and
Forecasting Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Scatterometers on satellites are state-of-the-art radar
instruments which operate by transmitting high-frequency
microwave pulses to the ocean surface and measuring echoed
radar pulses bounced back to the satellite.
(2) Scatterometers can acquire hundreds of times more
observations of surface wind velocity each day than can ships
and buoys, and are the only remote-sensing systems able to
provide continuous, accurate and high-resolution measurements
of both wind speeds and direction regardless of weather
conditions.
(3) The Quick Scatterometer satellite (QuikSCAT) is an
ocean-observing satellite launched on June 19, 1999, to replace
the capability of the National Aeronautics and Space
Administration Scatterometer (NSCAT), an instrument which lost
power in 1997, 9 months after launch in September 1996.
(4) The QuikSCAT satellite has the operational objective of
improving weather forecasts near coastlines by using wind data
in numerical weather-and-wave prediction, as well as improve
hurricane warning and monitoring and acting as the next ``El
Nino watcher'' for the National Aeronautics and Space
Administration.
(5) The QuikSCAT satellite was built in just 12 months and
was launched with a 3-year design life, but continues to
perform per specifications, with its backup transmitter, as it
enters into its 8th year--5 years past its projected lifespan.
(6) The QuikSCAT satellite provides daily coverage of 90
percent of the world's oceans, and its data has been a vital
contribution to National Weather Service forecasts and warnings
over water since 2000.
(7) Despite its continuing performance, the QuikSCAT
satellite is well beyond its expected design life and a
replacement is urgently needed because, according to the
National Hurricane Center, without the QuikSCAT satellite--
(A) hurricane forecasting would be 16 percent less
accurate 72 hours before hurricane landfall and 10
percent less accurate 48 hours before hurricane
landfall resulting in--
(i) with a 16 percent loss of accuracy at
72 hours before landfall, the area expected to
be under hurricane danger would rise from 197
miles to 228 miles on average; and
(ii) with a 10 percent loss of accuracy at
48 hours before landfall, the area expected to
be under hurricane danger would rise from 136
miles to 150 miles on average; and
(B) greater inaccuracy of this type would lead to
more ``false alarm'' evacuations along the Gulf Coast
and Atlantic Coast and decrease the possibility of
impacted populations sufficiently heeding mandatory
evacuations.
(8) According to recommendations in the National Academies
of Science report entitled ``Decadal Survey'', a next
generation ocean surface wind vector satellite mission is
needed during the three year period beginning in 2013.
(9) According to the National Hurricane Center, a next
generation ocean surface vector wind satellite is needed to
take advantage of current technologies that already exist to
overcome current limitations of the QuikSCAT satellite and
enhance the capabilities of the National Hurricane Center to
better warn coastal residents of possible hurricanes.
SEC. 3. PROGRAM FOR IMPROVED OCEAN SURFACE WINDS VECTOR SATELLITE.
(a) Requirement.--The Administrator of the National Oceanic and
Atmospheric Administration shall, in consultation with the
Administrator of the National Aeronautics and Space Administration and
the head of any other department or agency of the United States
Government designated by the President for purposes of this section,
carry out a program for an improved ocean surface winds vector
satellite.
(b) Purposes.--The purposes of the program required under
subsection (a) shall be to provide for the development of an improved
ocean surface winds vector satellite in order to--
(1) address science and application questions related to
air-sea interaction, coastal circulation, and biological
productivity;
(2) improve forecasting for hurricanes, coastal winds and
storm surge, and other weather-related disasters;
(3) ensure continuity of quality for satellite ocean
surface vector wind measurements so that existing weather
forecasting and warning capabilities are not degraded;
(4) advance satellite ocean surface vector wind data
capabilities; and
(5) address such other matters as the Administrator of the
National Oceanic and Atmospheric Administration, in
consultation with the Administrator of the National Aeronautics
and Space Administration, considers appropriate.
(c) Annual Reports.--
(1) Reports required.--Not later than six months after the
date of the enactment of this Act and annually thereafter until
the termination of the program required under subsection (a),
the Administrator of the National Oceanic and Atmospheric
Administration shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Science and Technology of the House of Representatives a report
on the program required under subsection (a).
(2) Elements.--Each report under paragraph (1) shall
include the following:
(A) A current description of the program required
under subsection (a), including the amount of funds
expended for the program during the period covered by
such report and the purposes for which such funds were
expended.
(B) A description of the operational status of the
satellite developed under the program, including a
description of the current capabilities of the
satellite and current estimate of the anticipated
lifespan of the satellite.
(C) A description of current and proposed uses of
the satellite by the United States Government, and
academic, research, and other private entities, during
the period covered by such report.
(D) Any other matters that the Administrator of the
National Oceanic and Atmospheric Administration, in
consultation with the Administrator of the National
Aeronautics and Space Administration, considers
appropriate.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the National Oceanic and Atmospheric Administration
$375,000,000 to carry out the program required under subsection (a). | Improved Hurricane Tracking and Forecasting Act of 2007 - Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to carry out a program for an improved ocean surface winds vector satellite for purposes including: (1) to address science and application questions related to air-sea interaction, coastal circulation, and biological productivity; (2) to improve forecasting for hurricanes, coastal winds and storm surge, and other weather-related disasters; (3) to ensure continuity of quality for satellite ocean surface vector wind measurements so that existing weather forecasting and warning capabilities are not degraded; and (4) to advance satellite ocean surface vector wind data capabilities. | {"src": "billsum_train", "title": "A bill to improve United States hurricane forecasting, monitoring, and warning capabilities, and for other purposes."} | 1,303 | 139 | 0.468719 | 1.408953 | 0.680173 | 6.264 | 9.8 | 0.984 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hack the Department of Homeland
Security Act of 2017'' or the ``Hack DHS Act''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY BUG BOUNTY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to identify
and report vulnerabilities of Internet-facing information
technology of the Department in exchange for compensation.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Information technology.--The term ``information
technology'' has the meaning given the term in section 11101 of
title 40, United States Code.
(4) Pilot program.--The term ``pilot program'' means the
bug bounty pilot program required to be established under
subsection (b)(1).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Establishment of Pilot Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish, within
the Office of the Chief Information Officer, a bug bounty pilot
program to minimize vulnerabilities of Internet-facing
information technology of the Department.
(2) Requirements.--In establishing the pilot program, the
Secretary shall--
(A) provide compensation for reports of previously
unidentified security vulnerabilities within the
websites, applications, and other Internet-facing
information technology of the Department that are
accessible to the public;
(B) award a competitive contract to an entity, as
necessary, to manage the pilot program and for
executing the remediation of vulnerabilities identified
as a consequence of the pilot program;
(C) designate mission-critical operations within
the Department that should be excluded from the pilot
program;
(D) consult with the Attorney General on how to
ensure that approved individuals, organizations, or
companies that comply with the requirements of the
pilot program are protected from prosecution under
section 1030 of title 18, United States Code, and
similar provisions of law for specific activities
authorized under the pilot program;
(E) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 ``Hack the Pentagon'' pilot program
and subsequent Department of Defense bug bounty
programs;
(F) develop an expeditious process by which an
approved individual, organization, or company can
register with the entity described in subparagraph (B),
submit to a background check as determined by the
Department, and receive a determination as to
eligibility for participation in the pilot program; and
(G) engage qualified interested persons, including
non-government sector representatives, about the
structure of the pilot program as constructive and to
the extent practicable.
(c) Report.--Not later than 180 days after the date on which the
pilot program is completed, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the House of
Representatives a report on the pilot program, which shall include--
(1) the number of approved individuals, organizations, or
companies involved in the pilot program, broken down by the
number of approved individuals, organizations, or companies
that--
(A) registered;
(B) were approved;
(C) submitted security vulnerabilities; and
(D) received compensation;
(2) the number and severity of vulnerabilities reported as
part of the pilot program;
(3) the number of previously unidentified security
vulnerabilities remediated as a result of the pilot program;
(4) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans;
(5) the average length of time between the reporting of
security vulnerabilities and remediation of the
vulnerabilities;
(6) the types of compensation provided under the pilot
program; and
(7) the lessons learned from the pilot program.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Department $250,000 for fiscal year 2018 to carry
out this Act.
Passed the Senate April 17, 2018.
Attest:
JULIE E. ADAMS,
Secretary. | Hack the Department of Homeland Security Act of 2017 or the Hack DHS Act (Sec. 2) This bill directs the Department of Homeland Security (DHS) to establish, within the Office of the Chief Information Officer, a bug bounty pilot program to minimize vulnerabilities to DHS Internet-facing information technology. A "bug bounty program" is a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of Internet-facing information technology of DHS in exchange for compensation. Under such program, DHS shall: provide compensation for reports of previously unidentified security vulnerabilities within the websites, applications, and other DHS Internet-facing information technology that are accessible to the public; award a competitive contract tomanage the pilot program and for executing the remediation of vulnerabilities identified bythe program; designate mission-critical operations within DHS that should be excluded from the pilot program; consult with the Department of Justice on how to protect from prosecution approved individuals or entities who comply with the requirements of the program; develop an expeditious process for registration, background checks, and eligibility determinations for participation in the pilot program; and engage interested persons about the structure of the program. DHS must report to Congress on the program within 180 days of its completion. | {"src": "billsum_train", "title": "Hack the Department of Homeland Security Act of 2017"} | 898 | 271 | 0.723627 | 2.264517 | 0.924783 | 4.168675 | 3.53012 | 0.891566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Fish and Wildlife
Restoration Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Great Lakes Fishery Resources Restoration Study,
for which a report was submitted to the Congress in 1995, was a
comprehensive study of the status, assessment, management, and
restoration needs of the fishery resources of the Great Lakes
Basin, and was conducted through the joint effort of the United
States Fish and Wildlife Service, State fish and wildlife
resource management agencies, Indian tribes, and the Great
Lakes Fishery Commission.
(2) This study found the following:
(A) Physical changes to the Great Lakes through
dredging, construction of hydroelectric and other dams,
stone revetment projects, clearing of shoreline
vegetation, and increased agriculture have altered
habitats, fish spawning mortality, erosion,
sedimentation, oxygen levels, contaminant transport,
nutrient loading, and aesthetic character. Combined
effects of overexploitation, habitat impairment, and
destabilizing effects of nonindigenous species are
responsible for most of the decline of native fishes in
the Great Lakes. Physical changes to the nearshore
environments, riverine tributaries, and wetlands by
development projects have affected those species
relying on these habitats for critical phases of their
life histories. Monitoring of contaminants and analysis
of their effects should be coordinated and expanded.
(B) Significant habitats necessary for self-
sustaining populations of fish and wildlife are
threatened or impaired. Actions should include
identifying and protecting habitats that are used by
fish and wildlife for spawning, breeding, nesting,
rearing and feeding, and rehabilitating degraded
habitats to be utilized by a diverse community.
(C) Working under the cooperatively developed
guidance of the Strategic Plan for Management of the
Great Lakes Fisheries, published by the Great Lakes
Fishery Commission in 1980, and the Great Lakes Water
Quality Agreement, State, Provincial, Native American
tribal, and Federal agencies bordering the Great Lakes
have made significant progress toward the goal of
restoring a healthy fish community to the Great Lakes.
Differences in mandate, perception of priorities, and
style of management create major institutional
impediments to systematic and comprehensive
coordination of ecosystem management. Many of the
current problems are, in fact, the unintended consequences of
uncoordinated management of water quality, fisheries, shipping, and
human developments in the Great Lakes Basin. Concepts of responsible
resource use and management and biological conservation should not be
at odds, but should be integrated via partnerships to meet future
needs. Information exchange and cross-program forums should be
established to encourage management. Setting of specific management
goals is central to the coordination of management efforts. Fishery
managers should increase their involvement with the Binational Program,
Remedial Action Plans, Lake-Wide Management Plans, and the
Environmental Monitoring and Assessment Program planning process.
SEC. 3. REFERENCE.
Whenever in this Act an amendment 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 that section or other provision of
the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C.
941 et seq.), as set forth in title I of Public Law 101-573.
SEC. 4. PURPOSES.
Section 1003 (16 U.S.C. 941a) is amended--
(1) in the matter preceding paragraph (1), by striking
``this Act'' and inserting ``this title'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) and (3) in order as
paragraphs (1) and (2);
(4) by amending paragraph (1), as so redesignated, to read
as follows:
``(1) to develop and implement proposals for the
restoration of fish and wildlife resources in the Great Lakes
Basin; and''; and
(5) in paragraph (2), as so redesignated, by striking
``habitat of'' and inserting ``habitat in''.
SEC. 5. DEFINITIONS.
Section 1004 (16 U.S.C. 941b) is amended--
(1) in the matter preceding paragraph (1), by striking
``this Act'' and inserting ``this title'';
(2) in paragraph (8) by striking ``plant or animal'' and
inserting ``plant, animal, or microorganism'';
(3) in paragraph (9) by striking ``and'' after the
semicolon at the end, in paragraph (10) by striking the period
at the end and inserting a semicolon, and by redesignating
paragraphs (9) and (10) as paragraphs (10) and (11),
respectively;
(4) by inserting after paragraph (8) the following new
paragraph:
``(9) the term `restoration' means to rehabilitate and
maintain the structure, function, diversity, and dynamics of a
biological system, including the reestablishment of self-
sustaining populations of fish and wildlife;''; and
(5) by adding at the end the following new paragraphs:
``(12) the term `Report' means the United States Fish and
Wildlife Service report entitled ``Great Lakes Fishery
Resources Restoration Study'', as submitted to the President of
the Senate and the Speaker of the House of Representatives on
September 13, 1995;
``(13) the term `Committee' means the Great Lakes Fish and
Wildlife Restoration Proposal Review Committee established by
section 1005(c); and
``(14) the term `non-Federal source' includes State
government, local governments, Indian Tribes, other
governmental entities, private entities, and individuals.''.
SEC. 6. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS.
Section 1005 (16 U.S.C. 941c) is amended to read as follows:
``SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS.
``(a) In General.--The Director, in consultation with the
Committee, shall ensure that proposals resulting from recommendations
of the Study or identified through an annual request to State and
Tribal entities described in subsection (b) are developed and, within
available appropriations, the highest priority proposals are
implemented.
``(b) Identification of Proposals.--The Director shall annually
request that State Directors and Indian Tribes, in cooperation or
partnership with other interested entities, submit fish and wildlife
resources restoration proposals based on the results of the Study or
other sources such as recommendations of the Council of Lake Committees
sponsored by the Great Lakes Fishery Commission. These proposals shall
be submitted in the manner and form prescribed by the Director. The
proposals shall be consistent with the goals of the Great Lakes Water
Quality Agreement, as revised in 1987, the 1954 Convention on Great
Lakes Fisheries, State and Tribal fishery management jurisdiction, the
Joint Strategic Plan for the Management of Great Lakes Fisheries, the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, the
North American Waterfowl Management Plan, and various joint ventures
established under that plan. Notwithstanding any other provision of
law, the Great Lakes Fishery Commission shall retain authority and
responsibility for formulation and implementation of a comprehensive
program for eradicating or minimizing sea lamprey populations in the
Great Lakes Basin. The Secretary of the Army may, upon request of the
Great Lakes Fishery Commission, construct and improve water resources
projects related to sea lamprey management that improve the quality of
the environment in the public trust, at any location within the Great
Lakes or their tributaries or connecting waters.
``(c) Review of Proposals.--
``(1) Establishment of committee.--There is established the
Great Lakes Fish and Wildlife Restoration Proposal Review
Committee.
``(2) Membership and appointment.--The Committee shall
operate under the auspices of the Council of Lake Committees,
and consist of representatives of all State Directors and
federally recognized Indian Tribes with Great Lakes fish and
wildlife management authority in the Basin. State Directors and
Tribal Chairs shall appoint their representatives, who shall
serve at the pleasure of the appointing authority. The Great
Lakes Coordinator of the United States Fish and Wildlife
Service shall participate as an observer of the Committee.
``(3) Functions.--The Committee shall annually review
proposals developed under the process established by subsection
(b) to assess their effectiveness and appropriateness in
fulfilling the purposes of this title and recommend to the
Director priorities for implementing the proposals.
``(d) Implementation of Proposals.--Considering the Committee's
recommendations and the goals stated in section 1006, the Secretary
shall select proposals to be implemented and, within available
appropriations, shall fund their implementation.
``(e) Cost-Sharing.--
``(1) In general.--The Director shall require that 25
percent of the cost of implementing any proposal selected under
subsection (d), other than those involving the establishment of
sea lamprey barriers, must be paid by non-Federal sources on a
basis considered by the Director to be timely and appropriate.
``(2) In-kind contributions.--In addition to cash outlays,
the Director shall consider as financial contributions by a
non-Federal source the value of in-kind contributions provided for the
purpose of implementing a proposal. In-kind contributions may consist
of, but are not required to be limited to, real or personal property or
personal services necessary to implement a proposal that are rendered
by volunteers. The Director shall establish the standards under which
the value of in-kind contributions shall be determined. Valuations made
by the Director under this paragraph are final and not subject to
judicial review.
``(3) Exclusion of federal funds from non-federal share.--
The Director may not consider the expenditure, either directly
or indirectly, of Federal funds received by a State or local
government to be a contribution by a non-Federal source for
purposes of this section.''.
SEC. 7. MAINTENANCE OF OFFICES.
Section 1007 (16 U.S.C. 941e) is amended--
(1) by amending the section heading to read as follows:
``SEC. 1007. MAINTENANCE OF OFFICES.'';
(2) in subsection (a) by striking the first sentence and
inserting the following: ``The Director shall maintain the
functions of the Great Lakes Coordination Office in East
Lansing, Michigan, for the purpose of coordinating all United
States Fish and Wildlife Service activities in the Great Lakes
Basin.'';
(3) by amending subsection (b) to read as follows:
``(b) Great Lakes Fishery Resources Offices.--The Director shall
maintain the Upper Great Lakes Fishery Resources Office and the Lower
Great Lakes Fishery Resources Office. The Director shall provide each
of these offices the necessary administrative and technical support
services to carry out all United States Fish and Wildlife Service
operational activities related to fishery resource protection,
restoration, maintenance, and enhancement in their respective
regions.''; and
(4) by striking subsection (c).
SEC. 8. REPORTS TO CONGRESS.
Section 1008 (16 U.S.C. 941f) is amended to read as follows:
``SEC. 1008. REPORTS TO CONGRESS.
``The Director shall submit a report within 6 months after the end
of every second fiscal year to the Committee on Resources of the House
of Representatives and the Committee on Environment and Public Works of
the Senate. The first such biennial report shall be submitted by April
1, 1998. Each such report shall describe--
``(1) actions taken to implement the process established by
section 1005;
``(2) the results of proposals implemented under section
1005; and
``(3) activities undertaken and progress toward the
accomplishment of the goals stated in section 1006.''.
SEC. 9. AUTHORIZATIONS OF APPROPRIATIONS.
Section 1009 (16 U.S.C. 941g) is amended to read as follows:
``SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Director--
``(1) for the operation of the Great Lakes Coordination
Office, the Upper Great Lakes Fishery Resources Office, and the
Lower Great Lakes Fishery Resources Office under section 1007,
$1,500,000 for each of fiscal years 1998 through 2002; and
``(2) for implementation of fish and wildlife restoration
proposals under section 1005(c), $3,500,000 for each of fiscal
years 1996 through 2002.''.
SEC. 10. TECHNICAL CORRECTION.
Title II of Public Law 101-646 (104 Stat. 4773) is repealed. | Great Lakes Fish and Wildlife Restoration Act of 1996 - Amends the Great Lakes Fish and Wildlife Restoration Act of 1990 to: (1) include among the Act's purposes to develop and implement proposals for the restoration of fish and wildlife resources in the Great Lakes Basin (Basin); and (2) include microorganisms within the definition of "nonindigenous species."
Requires the Director of the United States Fish and Wildlife Service (Service) to: (1) ensure that proposals resulting from recommendations of the Great Lakes fishery resources restoration study or identified through an annual request to specified State and tribal entities are developed and that the highest priority proposals are implemented; and (2) annually request that State Directors and Indian Tribes submit fish and wildlife resources restoration proposals based on the results of the study or other sources.
Requires the Great Lakes Fishery Commission to retain authority and responsibility for formulation and implementation of a comprehensive program for eradicating or minimizing sea lamprey populations in the Basin. Authorizes the Secretary of the Army, at the Commission's request, to construct and improve water resources projects related to sea lamprey management.
Establishes the Great Lakes Fish and Wildlife Restoration Proposal Review Committee. Directs the Secretary to select proposals to be implemented and, within available appropriations, fund their implementation. Sets forth cost-sharing requirements. Authorizes appropriations for the operation of the three offices for each of FY 1998 through 2002.
Revises the Act to require the Director to maintain the functions of the Great Lakes Coordination Office in East Lansing, Michigan, and of the Upper and Lower Great Lakes Fishery Resources Offices and to provide administrative and technical support services.
Requires the Director, within six months after the end of every second fiscal year, to submit to specified congressional committees a report describing actions taken to implement the process for the indentification, review, and implementation of proposals, and the results of proposals so implemented.
Authorizes appropriations for implementation of specified fish and wildlife restoration proposals for FY 1996 through 2002. | {"src": "billsum_train", "title": "Great Lakes Fish and Wildlife Restoration Act of 1996"} | 2,800 | 446 | 0.56023 | 1.91407 | 0.736869 | 4.412371 | 6.641753 | 0.912371 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arapaho and Roosevelt National
Forests Land Exchange Act of 2004''.
SEC. 2. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NATIONAL FORESTS,
COLORADO.
(a) Conveyance by City of Golden.--
(1) Non-federal land described.--The land exchange directed by
this section shall proceed if, not later than 30 days after the
date of enactment of this Act, the City of Golden, Colorado
(referred to in this section as the ``City''), offers to convey
title acceptable to the Secretary of Agriculture (referred to in
this section as the ``Secretary'') to the following non-Federal
land:
(A) Certain land located near the community of Evergreen in
Park County, Colorado, comprising approximately 80 acres, as
generally depicted on the map entitled ``Non-Federal Lands--Cub
Creek Parcel'', dated June 2003.
(B) Certain land located near Argentine Pass in Clear Creek
and Summit Counties, Colorado, comprising approximately 55.909
acres, as generally depicted on the map entitled ``Argentine
Pass/Continental Divide Trail Lands'', dated September 2003.
(2) Conditions of conveyance.--
(A) Vidler tunnel.--The conveyance of land under paragraph
(1)(B) to the Secretary shall be subject to the continuing
right of the City to permanently enter on, use, and occupy so
much of the surface and subsurface of the land as reasonably is
necessary to access, maintain, modify, or otherwise use the
Vidler Tunnel to the same extent that the City would have had
that right if the land had not been conveyed to the Secretary
and remained in City ownership.
(B) Advance approval.--The exercise of that right shall not
require the City to secure any permit or other advance approval
from the United States except to the extent that the City would
have been required had the land not been conveyed to the
Secretary and remained in City ownership.
(C) Withdrawal.--On acquisition by the Secretary, the land
is permanently withdrawn from all forms of entry and
appropriation under the public land laws (including the mining
and mineral leasing laws) and the Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.).
(b) Federal Land Described.--On receipt of title to the non-Federal
land identified in subsection (a) that is acceptable to the Secretary,
the Secretary shall simultaneously convey to the City all right, title,
and interest of the United States in and to certain Federal land,
comprising approximately 9.84 acres, as generally depicted on the map
entitled ``Empire Federal Lands--Parcel 12'', dated June 2003.
(c) Equal Value Exchange.--
(1) Appraisal.--
(A) In general.--The values of the Federal land identified
in subsection (b) and the non-Federal land identified in
subsection (a)(1)(A) shall be determined by the Secretary
through appraisals performed in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(B) Donation.--Except as provided in paragraph (3), the
conveyance of the non-Federal land identified in subsection
(a)(1)(B) shall be considered a donation for all purposes of
law.
(2) Surplus of non-federal value.--If the final appraised value
(as approved by the Secretary) of the non-Federal land identified
in subsection (a)(1)(A) exceeds the final appraised value (as
approved by the Secretary) of the Federal land identified in
subsection (b), the values may be equalized by--
(A) reducing the acreage of the non-Federal land identified
in subsection (a)(1)(A) to be conveyed, as determined
appropriate and acceptable by the Secretary and the City;
(B) making a cash equalization payment to the City,
including a cash equalization payment in excess of the amount
authorized by section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)); or
(C) a combination of acreage reduction and cash
equalization.
(3) Surplus of federal value.--
(A) Appraisal.--If the final appraised value (as approved
by the Secretary) of the Federal land identified in subsection
(b) exceeds the final appraised value (as approved by the
Secretary) of the non-Federal land identified in subsection
(a)(1)(A), the Secretary shall--
(i) conduct an appraisal in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice for
the non-Federal land to be conveyed pursuant to subsection
(a)(1)(B); and
(ii) use the value to the extent necessary to equalize
the values of the non-Federal land identified in subsection
(a)(1)(A) and the Federal land identified in subsection
(b).
(B) Cash equalization payment.--If the Secretary declines
to accept the non-Federal land identified in subsection
(a)(1)(B) for any reason or if the value of the Federal land
described in subsection (b) exceeds the value of all of the
non-Federal land described in subsection (a)(1), the City may
make a cash equalization payment to the Secretary, including a
cash equalization payment in excess of the amount authorized by
section 206(b) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716(b)).
(d) Exchange Costs.--The City shall pay for--
(1) any necessary land surveys; and
(2) the costs of the appraisals, on approval of the appraiser
and the issuance of appraisal instructions.
(e) Timing and Interim Authorization.--
(1) Timing.--It is the intent of Congress that the land
exchange directed by this Act shall be completed not later than 180
days after the date of enactment of this Act.
(2) Interim authorization.--Pending completion of the land
exchange, not later than 45 days after the date of enactment of
this Act, subject to applicable law, the Secretary shall authorize
the City to construct approximately 140 feet of water pipeline on
or near the existing course of the Lindstrom ditch through the
Federal land identified in subsection (b).
(f) Alternative Sale Authority.--
(1) In general.--If the land exchange is not completed for any
reason, the Secretary shall sell the Federal land identified in
subsection (b) to the City at the final appraised value of the
land, as approved by the Secretary.
(2) Sisk act.--Public Law 90-171 (commonly known as the ``Sisk
Act'') (16 U.S.C. 484a) shall, without further appropriation, apply
to any cash equalization payment received by the United States
under this section.
(g) Incorporation, Management, and Status of Acquired Land.--
(1) Incorporation.--Land acquired by the United States under
the land exchange shall become part of the Arapaho and Roosevelt
National Forests.
(2) Boundary.--The exterior boundary of the Forests is
modified, without further action by the Secretary, as necessary to
incorporate--
(A) the non-Federal land identified in subsection (a); and
(B) approximately an additional 80 acres as depicted on the
map entitled ``Arapaho and Roosevelt National Forest Boundary
Adjustment--Cub Creek'', dated June 2003.
(3) Administration.--On acquisition, land or interests in land
acquired under this section shall be administered in accordance
with the laws (including rules and regulations) generally
applicable to the National Forest System.
(4) Land and water conservation fund.--For purposes of section
7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-9), the boundaries of the Arapaho and Roosevelt National
Forests (as adjusted by this subsection) shall be deemed to be the
boundaries of the Forests as of January 1, 1965.
(h) Technical Corrections.--The Secretary, with the agreement of
the City, may make technical corrections or correct clerical errors in
the maps referred to in this section.
(i) Revocation of Orders and Withdrawal.--
(1) Revocation of orders.--Any public orders withdrawing any of
the Federal land identified in subsection (b) from appropriation or
disposal under the public land laws are revoked to the extent
necessary to permit disposal of the Federal land.
(2) Withdrawal.--On the date of enactment of this Act, if not
already withdrawn or segregated from entry and appropriation under
the public land laws (including the mining and mineral leasing
laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.), the Federal land identified in subsection (b) is withdrawn
until the date of the conveyance of the Federal land to the City.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Arapaho and Roosevelt National Forests Land Exchange Act of 2004 - Provides that an exchange of certain land located near the community of Evergreen in Park County, Colorado, and certain land located near Argentine Pass in Clear Creek and Summit Counties, Colorado, (the non-Federal land) shall proceed if, not later than 30 days after the enactment of this Act, the City of Golden, Colorado (the City), offers to convey title acceptable to the Secretary of Agriculture to those lands.
Subjects the conveyance of the non-Federal land located near Argentine Pass to the continuing right of the City to permanently enter on, use, and occupy so much of the surface and subsurface land necessary to access, maintain, modify, or otherwise use the Vidler Tunnel.
States that the exercise of that right shall not require the City to secure any permit or other advance approval from the United States, except to the extent that the City would have been required had the non-Federal land not been conveyed to the Secretary and remained in City ownership. Withdraws such land, upon acquisition by the Secretary, permanently from all forms of entry and appropriation under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970.
Directs the Secretary, upon receipt of title to the non-Federal land that is acceptable, to simultaneously convey to the City all right, title, and interest of the United States in and to certain Federal land identified as the "Empire Federal Lands." Requires the values of such Federal land to be determined through specified appraisals.
Considers the conveyance of the land located near Argentine Pass to be a donation for all purposes of law.
Provides that: (1) if the final appraised value of the non-Federal land exceeds that of the Federal land, the values may be equalized by reducing the acreage of the non-Federal land and/or by making a cash equalization payment to the City; (2) if the final appraised value of the Federal land exceeds that of the non-Federal land, the Secretary shall conduct an appraisal for the non-Federal land and use the value to equalize such lands' values; or (3) if the Secretary declines to accept the non-Federal land located near Argentine Pass or if the value of the Federal land exceeds the value of all of the non-Federal land, the City may make a cash equalization payment to the Secretary.
Requires the City to pay for any necessary land surveys and the costs of the appraisals.
Expresses the intent of Congress that the land exchange directed by this Act be completed not later than 180 days after this Act's enactment.
Instructs the Secretary, pending completion of the land exchange, not later than 45 days after enactment, subject to applicable law, to authorize the City to construct approximately 140 feet of water pipeline on or near the existing course of the Lindstrom ditch through the Federal land.
States that if such land exchange is not completed the Secretary shall sell such Federal land to the City at the final appraisal value of such land.
Applies the Sisk Act to any cash equalization payment received by the United States under this Act.
Requires land acquired by the United States under the land exchange to become part of the Arapaho and Roosevelt National Forests.
Modifies the exterior boundary of the Forests to incorporate the non-Federal land and an additional 80 acres identified as the "Cub Creek". Deems the boundaries of such Forests to be as January 1, 1965, for purposes of certain provisions of the Land and Water Conservation Fund.
Revokes any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws to permit the disposal of such land.
Declares that, on enactment, if not already withdrawn or segregated from entry and appropriation under such laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970, the Federal land is withdrawn until it is conveyed to the City. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Agriculture to exchange certain lands in the Arapaho and Roosevelt National Forests in the State of Colorado."} | 2,088 | 911 | 0.770297 | 3.027295 | 0.732339 | 5.500645 | 2.295484 | 0.930323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniformed Services Employment and
Reemployment Rights Improvement Act of 2016''.
SEC. 2. ACTION FOR RELIEF IN ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT
RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH RESPECT TO A
STATE OR PRIVATE EMPLOYER.
(a) Initiation of Actions.--Paragraph (1) of subsection (a) of
section 4323 of title 38, United States Code, is amended by striking
the third sentence and inserting the following new sentences: ``If the
Attorney General is reasonably satisfied that the person on whose
behalf the complaint is referred is entitled to the rights or benefits
sought, the Attorney General may commence an action for relief under
this chapter, including on behalf of the person. The person on whose
behalf the complaint is referred may, upon timely application,
intervene in such action and may obtain such appropriate relief as
provided in subsections (d) and (e).''.
(b) Attorney General Notice to Servicemember of Decision.--
Paragraph (2) of such subsection is amended to read as follows:
``(2)(A) Not later than 60 days after the date the Attorney General
receives a referral under paragraph (1), the Attorney General shall
transmit, in writing, to the person on whose behalf the complaint is
submitted--
``(i) if the Attorney General has made a decision about
whether the United States will commence an action for relief
under paragraph (1) relating to the complaint of the person,
notice of the decision; and
``(ii) if the Attorney General has not made such a
decision, notice of when the Attorney General expects to make
such a decision.
``(B) If the Attorney General notifies a person of when the
Attorney General expects to make a decision under subparagraph (A)(ii),
the Attorney General shall, not later than 30 days after the date on
which the Attorney General makes such decision, notify, in writing, the
person of such decision.''.
(c) Pattern or Practice Cases.--Such subsection is further
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) (as amended by
paragraph (2) of this subsection) the following new paragraph
(3):
``(3) Whenever the Attorney General has reasonable cause to believe
that a State (as an employer) or a private employer is engaged in a
pattern or practice of resistance to the full enjoyment of any of the
rights or benefits secured by this chapter, the Attorney General may
commence an action under this chapter.''.
(d) Actions by Private Persons.--Subparagraph (C) of paragraph (4)
of such subsection, as redesignated by paragraph (3)(A), is amended by
striking ``refused'' and all that follows and inserting ``notified by
the Attorney General that the Attorney General does not intend to bring
a civil action.''.
(e) Conforming Amendment.--Subsection (h)(2) of such section is
amended by striking ``subsection (a)(2)'' and inserting ``subsection
(a)(1) or subsection (a)(4)''.
SEC. 3. WAIVER OF SOVEREIGN IMMUNITY FOR ENFORCEMENT OF EMPLOYMENT AND
REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES.
Paragraph (2) of section 4323(b) of title 38, United States Code,
is amended to read as follows:
``(2)(A) In the case of an action against a State (as an employer),
any instrumentality of a State, or any officer or employee of a State
or instrumentality of a State acting in that officer or employee's
official capacity, by any person, the action may be brought in the
appropriate district court of the United States or in a State court of
competent jurisdiction, and the State, instrumentality of the State, or
officer or employee of the State or instrumentality acting in that
officer or employee's official capacity shall not be immune under the
Eleventh Amendment of the Constitution, or under any other doctrine of
sovereign immunity, from such action.
``(B)(i) No State, instrumentality of such State, or officer or
employee of such State or instrumentality of such State, acting in that
officer or employee's official capacity, that receives or uses Federal
financial assistance for a program or activity shall be immune, under
the Eleventh Amendment of the Constitution or under any other doctrine
of sovereign immunity, from suit in Federal or State court by any
person for any violation under this chapter related to such program or
activity.
``(ii) In an action against a State brought pursuant to subsection
(a), a court may award the remedies (including remedies both at law and
in equity) that are available under subsections (d) and (e).''.
SEC. 4. VENUE FOR CASES AGAINST PRIVATE EMPLOYERS FOR VIOLATIONS OF
EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF
UNIFORMED SERVICES.
Section 4323(c)(2) of title 38, United States Code, is amended by
striking ``United States district court for any district in which the
private employer of the person maintains a place of business.'' and
inserting ``United States district court for--
``(A) any district in which the employer maintains a place
of business;
``(B) any district in which a substantial part of the
events or omissions giving rise to the claim occurred; or
``(C) if there is no district in which an action may
otherwise be brought as provided in subparagraph (A) or (B),
any district in which the employer is subject to the court's
personal jurisdiction with respect to such action.''.
SEC. 5. STANDING IN CASES INVOLVING VIOLATIONS OF EMPLOYMENT AND
REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES BY
STATES AND PRIVATE EMPLOYERS.
Section 4323(f) of title 38, United States Code, is amended--
(1) by inserting ``by the United States or'' after ``may be
initiated only''; and
(2) by striking ``or by the United States under subsection
(a)(1)''.
SEC. 6. CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY GENERAL IN ENFORCEMENT
OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF
UNIFORMED SERVICES WITH RESPECT TO STATES AND PRIVATE
EMPLOYERS.
Section 4323 of title 38, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Issuance and Service of Civil Investigative Demands by
Attorney General.--(1) Whenever the Attorney General has reason to
believe that any person may be in possession, custody, or control of
any documentary material relevant to an investigation under this
chapter, the Attorney General may, before commencing a civil action
under subsection (a), issue in writing and cause to be served upon such
person, a civil investigative demand requiring--
``(A) the production of such documentary material for
inspection and copying;
``(B) that the custodian of such documentary material
answer in writing written questions with respect to such
documentary material; or
``(C) the production of any combination of such documentary
material or answers.
``(2) The provisions governing the authority to issue, use, and
enforce civil investigative demands under section 3733 of title 31
(known as the `False Claims Act') shall govern the authority to issue,
use, and enforce civil investigative demands under paragraph (1),
except that for purposes of that paragraph--
``(A) a reference in that section to false claims law
investigators or investigations shall be applied as referring
to investigators or investigations under this chapter;
``(B) a reference to interrogatories shall be applied as
referring to written questions, and answers to such need not be
under oath;
``(C) the statutory definitions for purposes of that
section relating to `false claims law' shall not apply; and
``(D) provisions of that section relating to qui tam
relators shall not apply.''.
SEC. 7. TREATMENT OF DISABILITY DISCOVERED AFTER EMPLOYEE ENTITLED TO
REEMPLOYMENT BY REASON OF UNIFORMED SERVICE STATUS
RESUMES EMPLOYMENT.
Section 4313(a)(3) of title 38, United States Code, is amended, in
the matter before subparagraph (A), by inserting ``including a
disability that is brought to the employer's attention within 5 years
after the person resumes employment,'' after ``during, such service,''.
SEC. 8. BURDEN OF IDENTIFYING PROPER REEMPLOYMENT POSITIONS FOR
EMPLOYEES ENTITLED TO REEMPLOYMENT BY REASON OF UNIFORMED
SERVICE STATUS.
Section 4313 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(c) For purposes of this section, the employer shall have the
burden of identifying the appropriate reemployment positions.''. | Uniformed Services Employment and Reemployment Rights Improvement Act of 2016 This bill revises the enforcement of employment and reemployment rights of members of the Armed Forces with respect to state and private employers. The Department of Justice (DOJ) may initiate an action for relief: (1) with respect to a private or a state employer, and (2) when a state or private employer is engaged in a pattern or practice to infringe upon such rights. A person may bring an action against a state (as an employer), state instrumentality, or state officer or employee acting in his or her official capacity in U.S. district court or state court. The state, instrumentality, officer, or employee shall not be immune from such action under the Eleventh Amendment of the Constitution or under any doctrine of sovereign immunity. No such state, instrumentality, officer, or employee that receives or uses federal financial assistance for a program or activity shall be immune under the Eleventh Amendment or under any other doctrine of sovereign immunity from suit in federal or state court for any violation of such rights related to such program or activity. (Currently, a person may bring such an action against a state only in a state court.) The venue for an action against a private employer is expanded to include: (1) any district in which a substantial part of the events or omissions giving rise to the claim occurred; or (2) any district in which the employer is subject to the court's personal jurisdiction with respect to such action if there is no district in which an action may otherwise be brought. DOJ may issue civil investigative demands. Service-related disability coverage is extended to include a disability that is brought to the employer's attention within five years after the person resumes employment. The bill provides that the employer has the burden of identifying the appropriate reemployment positions. | {"src": "billsum_train", "title": "Uniformed Services Employment and Reemployment Rights Improvement Act of 2016"} | 2,142 | 394 | 0.527082 | 1.704471 | 0.668136 | 4.605634 | 5.191549 | 0.932394 |
SECTION 1. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING
ACTIVE SERVICE IN THE UNIFORMED SERVICES OR NATIONAL
GUARD.
(a) Short Title.--This Act may be cited as the ``Reservists Pay
Security Act of 2005''.
(b) In General.--Subchapter IV of chapter 55 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed
services or National Guard
``(a) An employee who is absent from a position of employment with
the Federal Government in order to perform active duty in the uniformed
services pursuant to a call or order to active duty under a provision
of law referred to in section 101(a)(13)(B) of title 10 shall be
entitled, while serving on active duty, to receive, for each pay period
described in subsection (b), an amount equal to the amount by which--
``(1) the amount of basic pay which would otherwise have
been payable to such employee for such pay period if such
employee's civilian employment with the Government had not been
interrupted by that service, exceeds (if at all)
``(2) the amount of pay and allowances which (as determined
under subsection (d))--
``(A) is payable to such employee for that service;
and
``(B) is allocable to such pay period.
``(b)(1) Amounts under this section shall be payable with respect
to each pay period (which would otherwise apply if the employee's
civilian employment had not been interrupted)--
``(A) during which such employee is entitled to
reemployment rights under chapter 43 of title 38 with respect
to the position from which such employee is absent (as referred
to in subsection (a)); and
``(B) for which such employee does not otherwise receive
basic pay (including by taking any annual, military, or other
paid leave) to which such employee is entitled by virtue of
such employee's civilian employment with the Government.
``(2) For purposes of this section, the period during which an
employee is entitled to reemployment rights under chapter 43 of title
38--
``(A) shall be determined disregarding the provisions of
section 4312(d) of title 38; and
``(B) shall include any period of time specified in section
4312(e) of title 38 within which an employee may report or
apply for employment or reemployment following completion of
service on active duty to which called or ordered as described
in subsection (a).
``(c) Any amount payable under this section to an employee shall be
paid--
``(1) by such employee's employing agency;
``(2) from the appropriation or fund which would be used to
pay the employee if such employee were in a pay status; and
``(3) to the extent practicable, at the same time and in
the same manner as would basic pay if such employee's civilian
employment had not been interrupted.
``(d) The Office of Personnel Management shall, in consultation
with Secretary of Defense, prescribe any regulations necessary to carry
out the preceding provisions of this section.
``(e)(1) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe
procedures to ensure that the rights under this section apply to the
employees of such agency.
``(2) The Administrator of the Federal Aviation Administration
shall, in consultation with the Office, prescribe procedures to ensure
that the rights under this section apply to the employees of that
agency.
``(f) For purposes of this section--
``(1) the terms `employee', `Federal Government', and
`uniformed services' have the same respective meanings as given
them in section 4303 of title 38;
``(2) the term `employing agency', as used with respect to
an employee entitled to any payments under this section, means
the agency or other entity of the Government (including an
agency referred to in section 2302(a)(2)(C)(ii)) with respect
to which such employee has reemployment rights under chapter 43
of title 38; and
``(3) the term `basic pay' includes any amount payable
under section 5304.''.
(c) Clerical Amendment.--The table of sections for chapter 55 of
title 5, United States Code, is amended by inserting after the item
relating to section 5537 the following:
``5538. Nonreduction in pay while serving in the uniformed services or
National Guard.''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to pay periods (as described in section
5538(b) of title 5, United States Code, as amended by this
section) beginning on or after the date of enactment of this
Act.
(2) Conditional retroactive application.--
(A) In general.--The amendments made by this
section shall apply with respect to pay periods (as
described in section 5538(b) of title 5, United States
Code, as amended by this section) beginning on or after
October 11, 2002 through the date of enactment of this
Act, subject to the availability of appropriations.
(B) Authorization of appropriations.--There are
authorized to be appropriated $125,000,000 for purposes
of subparagraph (A). | Reservists Pay Security Act of 2005 - Entitles Federal employees who are absent from their positions while on active duty in the uniformed services or the National Guard to receive the amount of their basic pay which, when taken together with their military pay and allowances, is no less than the amount of pay that they would have earned if there had been no interruption in their civilian employment.
Expands the reemployment rights of Federal employees on active duty in the uniformed services.
Makes this Act retroactive to pay periods beginning on October 11, 2002, subject to the availability of appropriated funds. | {"src": "billsum_train", "title": "A bill to ensure that a Federal employee who takes leave without pay in order to perform service as a member of the uniformed services or member of the National Guard shall continue to receive pay in an amount which, when taken together with the pay and allowances such individual is receiving for such service, will be no less than the basic pay such individual would then be receiving if no interruption in employment had occurred."} | 1,213 | 127 | 0.592943 | 1.559868 | 0.621687 | 2.171171 | 10.036036 | 0.81982 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Microlending
Expansion Act of 2009''.
SEC. 2. MICROLOAN CREDIT BUILDING INITIATIVE.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is
amended by adding at the end the following:
``(14) Credit reporting information.--The Administrator
shall establish a process, for use by an intermediary making a
loan to a borrower under this subsection, under which the
intermediary shall provide to the major credit reporting
agencies the information about the borrower, both positive and
negative, that is relevant to credit reporting, such as the
payment activity of the borrower on the loan. Such process
shall allow an intermediary the option of providing information
to the major credit reporting agencies through the
Administration or independently.''.
SEC. 3. FLEXIBLE CREDIT TERMS.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)), as
amended by this Act, is further amended--
(1) in paragraph (1)(B)(i) by striking ``short-term,'';
(2) in paragraph (6)(A) by striking ``short-term,''; and
(3) in paragraph (11)(B) by striking ``short-term,''.
SEC. 4. INCREASED PROGRAM PARTICIPATION.
Section 7(m)(2) of the Small Business Act (15 U.S.C. 636(m)(2)) is
amended--
(1) in subparagraph (A) by striking ``paragraph (10)'' and
inserting ``paragraph (11)''; and
(2) by amending subparagraph (B) to read as follows:
``(B) has--
``(i) at least--
``(I) 1 year of experience making
microloans to startup, newly
established, or growing small business
concerns; or
``(II) 1 full-time employee who has
not less than 3 years of experience
making microloans to startup, newly
established, or growing small business
concerns; and
``(ii) at least--
``(I) 1 year of experience
providing, as an integral part of its
microloan program, intensive marketing,
management, and technical assistance to
its borrowers; or
``(II) 1 full-time employee who has
not less than 1 year of experience
providing intensive marketing,
management, and technical assistance to
borrowers.''.
SEC. 5. INCREASED LIMIT ON INTERMEDIARY BORROWING.
Section 7(m)(3)(C) of the Small Business Act (15 U.S.C.
636(m)(3)(C)) is amended--
(1) by striking ``$750,000'' and inserting ``$1,000,000'';
(2) by striking ``$3,500,000'' and inserting
``$7,000,000''; and
(3) by adding at the end the following: ``The Administrator
may treat the amount of $7,000,000 in this subparagraph as if
such amount is $10,000,000 if the Administrator determines,
with respect to an intermediary, that such treatment is
appropriate.''.
SEC. 6. EXPANDED BORROWER EDUCATION ASSISTANCE.
Section 7(m)(4)(E) of the Small Business Act (15 U.S.C.
636(m)(4)(E)) is amended--
(1) in clause (i) by striking ``25 percent'' and inserting
``35 percent''; and
(2) in clause (ii) by striking ``25 percent'' and inserting
``35 percent''.
SEC. 7. YOUNG ENTREPRENEURS PROGRAM.
Section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)) is
amended by adding at the end the following:
``(G) Young entrepreneurs program.--
``(i) In general.--An intermediary that
receives a grant under paragraph (1)(B)(ii) may
establish a program for the geographic area
served by such intermediary that provides to
young entrepreneurs technical assistance
regarding the following:
``(I) Establishing or operating a
small business concern in the
geographic area served by the
intermediary.
``(II) Acquiring or securing
financing to carry out the activities
described in subclause (I).
``(ii) Young entrepreneur defined.--For
purposes of this subparagraph, a young
entrepreneur is an individual who--
``(I) is 25 years of age or
younger; and
``(II) has resided in the
geographic area served by the
intermediary for not less than 2 years.
``(iii) Good faith effort requirement.--If
a young entrepreneur who receives technical
assistance under this subparagraph from an
intermediary establishes or operates a small
business concern, the young entrepreneur shall
make a good faith effort to establish or
operate such concern in the geographic area
served by the intermediary.
``(iv) Deferred repayment.--If a small
business concern established or operated by a
young entrepreneur receives a loan under this
subsection, such concern may defer repayment on
such loan for a period of not more than 6
months beginning on the date that such concern
receives the final disbursement of such
loan.''.
SEC. 8. INTEREST RATES AND LOAN SIZE.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)), as
amended by this Act, is further amended--
(1) in paragraph (3)(F)(iii) by striking ``$7,500'' and
inserting ``$10,000'';
(2) in paragraph (6)(C)(i) by striking ``$7,500'' and
inserting ``$10,000''; and
(3) in paragraph (6)(C)(ii) by striking ``$7,500'' and
inserting ``$10,000''.
SEC. 9. REPORTING REQUIREMENT.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)), as
amended by this Act, is further amended by adding at the end the
following:
``(15) Reporting requirement.--Not later than 90 days after
the end of each fiscal year, the Administrator shall submit to
the Committee on Small Business of the House of Representatives
and the Committee on Small Business and Entrepreneurship of the
Senate a report that includes, with respect to such fiscal year
of the microloan program, the following:
``(A) The names and locations of each intermediary
that received funds to make microloans or provide
marketing, management, and technical assistance.
``(B) The amounts of each loan and each grant
provided to each such intermediary in such fiscal year
and in prior fiscal years.
``(C) A description of the contributions from non-
Federal sources of each such intermediary.
``(D) The number and amounts of microloans made by
each such intermediary to all borrowers and to each of
the following:
``(i) Women entrepreneurs and business
owners.
``(ii) Low-income entrepreneurs and
business owners.
``(iii) Veteran entrepreneurs and business
owners.
``(iv) Disabled entrepreneurs and business
owners.
``(v) Minority entrepreneurs and business
owners.
``(E) A description of the marketing, management,
and technical assistance provided by each such
intermediary to all borrowers and to each of the
following:
``(i) Women entrepreneurs and business
owners.
``(ii) Low-income entrepreneurs and
business owners.
``(iii) Veteran entrepreneurs and business
owners.
``(iv) Disabled entrepreneurs and business
owners.
``(v) Minority entrepreneurs and business
owners.
``(F) The number of jobs created and retained as a
result of microloans and marketing, management, and
technical assistance provided by each such
intermediary.
``(G) The repayment history of each such
intermediary.
``(H) The number of businesses that achieved
success after receipt of a microloan.''.
SEC. 10. SURPLUS INTEREST RATE SUBSIDY FOR BUSINESSES.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)), as
amended by this Act, is further amended by adding at the end the
following:
``(16) Interest assistance.--The Administrator is
authorized to make grants to intermediaries for the purposes of
reducing interest rates charged to borrowers that receive
financing under this subsection.''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended by inserting after subsection (e) the following:
``(f) Fiscal Years 2010 and 2011 With Respect to Section 7(m).--
``(1) Program levels.--For the programs authorized by this
Act, the Administration is authorized to make during each of
fiscal years 2010 and 2011--
``(A) $80,000,000 in technical assistance grants,
as provided in section 7(m);
``(B) $110,000,000 in direct loans, as provided in
section 7(m); and
``(C) $10,000,000 in interest assistance grants, as
provided in section 7(m)(16).
``(2) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
paragraph (1).''.
SEC. 12. REGULATIONS.
Except as otherwise provided in this Act or in amendments made by
this Act, after an opportunity for notice and comment, but not later
than 180 days after the date of the enactment of this Act, the
Administrator shall issue regulations to carry out this Act and the
amendments made by this Act.
Passed the House of Representatives November 7, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Small Business Microlending Expansion Act of 2009 - (Sec. 2) Amends the Small Business Act with respect to the Small Business Administration (SBA) Microloan program (small-scale loans to start-up, newly established, or growing small businesses for working capital or the acquisition of materials, supplies, or equipment) to direct the SBA Administrator to establish a process under which an intermediary making a Microloan loan provides relevant borrower information to the major credit reporting agencies.
(Sec. 3) Removes the requirement that such loans be short-term only.
(Sec. 4) Increases eligibility for Microloan program participation to include intermediaries with at least one full-time employee with not less than: (1) three years of experience making microloans to startup, newly established, or growing small businesses; or (2) one year of experience providing intensive marketing, management, and technical assistance to borrowers.
(Sec. 5) Increases from: (1) $750,000 to $1 million the loan limit to an intermediary in the first year of participation; and (2) $3.5 million to $7 million the loan limit for the remaining years of participation.
(Sec. 6) Increases from 25% to 35% of grant funds received the maximum amount that may be used by an intermediary to provide information and technical assistance to small business borrowers.
(Sec. 7) Allows intermediaries that receive grants to establish a program that provides technical assistance to young entrepreneurs in establishing or operating a small business, or in securing financing, in the area served by the intermediary.
(Sec. 8) Increases from $7,500 to $10,000 the maximum loan amount to a small business borrower that will qualify for a reduced interest rate from the intermediary.
(Sec. 9) Directs the Administrator to submit annually to the congressional small business committees specified information with respect to the Microloan program, including participating intermediaries and borrowers, and the marketing, management, and technical assistance provided.
(Sec. 10) Authorizes the Administrator to make grants to intermediaries for reducing interest rates charged to Microloan borrowers (interest assistance grants).
(Sec. 11) Authorizes the Administrator to make Microloan technical assistance grants, direct loans, and interest assistance grants for FY2010-FY2011, and authorizes appropriations for such loans and grants. | {"src": "billsum_train", "title": "To amend the Small Business Act to improve the Microloan Program, and for other purposes."} | 2,249 | 523 | 0.673224 | 2.343869 | 0.77358 | 2.231111 | 4.377778 | 0.884444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Dental Insurance Reauthorization Act of 2016''.
SEC. 2. DENTAL INSURANCE PLAN FOR VETERANS AND SURVIVORS AND DEPENDENTS
OF VETERANS.
(a) Dental Insurance Plan.--
(1) In general.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by inserting after section 1712B
the following new section:
``Sec. 1712C. Dental insurance plan for veterans and survivors and
dependents of veterans
``(a) In General.--The Secretary shall establish and administer a
dental insurance plan for veterans and survivors and dependents of
veterans described in subsection (b).
``(b) Covered Veterans and Survivors and Dependents.--The veterans
and survivors and dependents of veterans described in this subsection
are as follows:
``(1) Any veteran who is enrolled in the system of annual
patient enrollment under section 1705 of this title.
``(2) Any survivor or dependent of a veteran who is
eligible for medical care under section 1781 of this title.
``(c) Administration.--The Secretary shall contract with a dental
insurer to administer the dental insurance plan under this section.
``(d) Benefits.--The dental insurance plan under this section shall
provide such benefits for dental care and treatment as the Secretary
considers appropriate for the dental insurance plan, including
diagnostic services, preventative services, endodontics and other
restorative services, surgical services, and emergency services.
``(e) Enrollment.--(1) Enrollment in the dental insurance plan
under this section shall be voluntary.
``(2) Enrollment in the dental insurance plan shall be for such
minimum period as the Secretary shall prescribe for purposes of this
section.
``(f) Premiums.--(1) Premiums for coverage under the dental
insurance plan under this section shall be in such amount or amounts as
the Secretary shall prescribe to cover all costs associated with
carrying out this section.
``(2) The Secretary shall adjust the premiums payable under this
section for coverage under the dental insurance plan on an annual
basis. Each individual covered by the dental insurance plan at the time
of such an adjustment shall be notified of the amount and effective
date of such adjustment.
``(3) Each individual covered by the dental insurance plan shall
pay the entire premium for coverage under the dental insurance plan, in
addition to the full cost of any copayments.
``(g) Voluntary Disenrollment.--(1) With respect to enrollment in
the dental insurance plan under this section, the Secretary shall--
``(A) permit the voluntary disenrollment of an individual
in the dental insurance plan if the disenrollment occurs during
the 30-day period beginning on the date of the enrollment of
the individual in the dental insurance plan; and
``(B) permit the voluntary disenrollment of an individual
in the dental insurance plan for such circumstances as the
Secretary shall prescribe for purposes of this subsection, but
only to the extent such disenrollment does not jeopardize the
fiscal integrity of the dental insurance plan.
``(2) The circumstances prescribed under paragraph (1)(B) shall
include the following:
``(A) If an individual enrolled in the dental insurance
plan relocates to a location outside the jurisdiction of the
dental insurance plan that prevents use of the benefits under
the dental insurance plan.
``(B) If an individual enrolled in the dental insurance
plan is prevented by a serious medical condition from being
able to obtain benefits under the dental insurance plan.
``(C) Such other circumstances as the Secretary shall
prescribe for purposes of this subsection.
``(3) The Secretary shall establish procedures for determinations
on the permissibility of voluntary disenrollments under paragraph
(1)(B). Such procedures shall ensure timely determinations on the
permissibility of such disenrollments.
``(h) Relationship to Dental Care Provided by Secretary.--Nothing
in this section shall affect the responsibility of the Secretary to
provide dental care under section 1712 of this title, and the
participation of an individual in the dental insurance plan under this
section shall not affect the entitlement of the individual to
outpatient dental services and treatment, and related dental
appliances, under such section 1712.
``(i) Regulations.--The dental insurance plan under this section
shall be administered under such regulations as the Secretary shall
prescribe.
``(j) Termination.--This section terminates on December 31,
2021.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by inserting
after the item relating to section 1712B the following new
item:
``1712C. Dental insurance plan for veterans and survivors and
dependents of veterans.''.
(b) Conforming Repeal.--
(1) In general.--Section 510 of the Caregivers and Veterans
Omnibus Health Services Act of 2010 (Public Law 111-163; 38
U.S.C. 1712 note) is repealed.
(2) Clerical amendment.--The table of contents for the
Caregivers and Veterans Omnibus Health Services Act of 2010 is
amended by striking the item relating to section 510. | Department of Veterans Affairs Dental Insurance Reauthorization Act of 2016 This bill directs the Department of Veterans Affairs (VA) to establish and administer a dental insurance plan for veterans enrolled in the system of annual patient enrollment under federal veterans' benefits provisions and for veterans' survivors and dependents who are eligible for medical care under such provisions. The VA shall contract with a dental insurer to administer the plan. Benefits shall include diagnostic services, preventative services, endodontics and other restorative services, surgical services, and emergency services. Enrollment shall be voluntary. The VA shall: (1) prescribe the minimum enrollment period, and (2) prescribe and annually adjust the premiums necessary to cover costs associated with carrying out the plan. Each individual covered by the plan shall pay the entire premium and the full cost of any copayments. The VA shall permit voluntary disenrollment within 30 days after initial enrollment and under other specified circumstances the VA shall prescribe to the extent that such disenrollment does not jeopardize the fiscal integrity of the plan. This bill's provisions terminate on December 31, 2021. | {"src": "billsum_train", "title": "Department of Veterans Affairs Dental Insurance Reauthorization Act of 2016"} | 1,150 | 230 | 0.722643 | 1.975134 | 0.834658 | 3.455882 | 5.107843 | 0.887255 |
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