text
stringlengths 0
479k
| summary
stringlengths 1
35.4k
| provenance
stringlengths 41
999
| t5_text_token_count
int64 1
124k
| t5_summary_token_count
int64 2
10.2k
| contriever_cos
float64 0.03
1
| contriever_dot
float64 0.1
4.89
| reward
float64 -2.28
2.43
| density
float64 0
1.15k
| compression
float64 0
16.3k
| coverage
float64 0
1
|
|---|---|---|---|---|---|---|---|---|---|---|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bear Protection Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are 8 extant species of bear: Asian black bear,
brown bear, polar bear, American black bear, spectacled bear,
giant panda, sun bear, and sloth bear;
(2) the Asian black bear populations have been decimated in
recent years by illegal trade to supply the growing demand for
medicines and cosmetics containing valuable bear viscera;
(3) without immediate action to end United States
involvement in the lucrative black market trade in bear
viscera, American bear populations may suffer the same
devastating losses as Asian bear populations;
(4) increasingly, undercover operations have discovered
that poachers are establishing extensive smuggling networks to
illegally commercialize American bears;
(5) because it is practically impossible to distinguish the
viscera of CITES Appendix I bears from the viscera of other
bear species, there is an urgent need to eliminate the trade in
the viscera of all bear species;
(6) as a party to CITES, a world leader in wildlife
conservation, and a large market for and supplier of bear
viscera and products, the United States shares responsibility
for supporting and implementing measures to stop the illegal
trade in CITES Appendix I Asian black bears and CITES Appendix
II American black bears;
(7) inconsistency in State prohibition of commercialization
of bear gall and inadequate Federal regulation of such
commercialization make law enforcement difficult; and
(8) individual States, which have the right to set,
maintain, and enforce quotas for the legal hunting of black
bears, will be assisted in their management efforts by the
enactment of a Federal law banning the import of, export of,
and interstate commerce in bear viscera.
SEC. 3. PURPOSE.
The purpose of this Act is to ensure the long-term viability of the
world's 8 bear species and specifically to perpetuate healthy
populations of American bears.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States that effective long-term
conservation of the world's bear species, including North American
bears, depends in part on the prohibition of the lucrative trade in
bear viscera.
SEC. 5. DEFINITIONS.
In this Act:
(1) Bear viscera.--The term ``bear viscera'' means the body
fluids or internal organs (including the gallbladder) of a
species of bear.
(2) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, done at Washington on March 3, 1973 (27 UST 1087; TIAS
8249).
(3) Other terms.--The terms ``import'', ``person'',
``State'', and ``transport'' have the meanings provided in
section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371).
SEC. 6. PROHIBITED ACTS.
A person who--
(1) imports into the United States, or exports from the
United States, bear viscera or products that contain or claim
to contain bear viscera; or
(2) sells, barters, offers to sell or barter, purchases,
possesses with intent to sell or barter, transports, acquires,
or receives in interstate or foreign commerce, bear viscera or
products that contain or claim to contain bear viscera;
shall be subject to section 7(a).
SEC. 7. PENALTIES AND ENFORCEMENT.
(a) In General.--A person who engages in conduct described in
section 6 shall be subject to the penalties and sanctions provided in
sections 4 and 5 of the Lacey Act Amendments of 1981 (16 U.S.C. 3373
and 3374).
(b) Enforcement.--
(1) In general.--This Act shall be enforced in the manner
provided in subsections (a), (b), and (c) of section 6 of the
Lacey Act Amendments of 1981 (16 U.S.C. 3375).
(2) Use of penalty amounts for rewards and incidental
expenses.--Amounts received as penalties, fines, or forfeiture
of property under subsection (a) shall be used in accordance
with section 6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).
SEC. 8. DISCUSSIONS CONCERNING TRADE PRACTICES.
(a) In General.--The Secretary of the Interior and the United
States Trade Representative shall--
(1) discuss issues involving trade in bear viscera with the
appropriate representatives of such countries trading with the
United States as are determined jointly by the Secretary of the
Interior and the Secretary of Commerce to be the leading
importers, exporters, or consumers of bear viscera; and
(2) attempt to establish coordinated efforts with the
countries to protect bears.
(b) Report.--Not later than 5 years after the date of enactment of
this Act, the Secretary of the Interior shall submit to Congress a
report describing the progress of efforts to end illegal trade in bear
viscera. | Bear Protection Act - Prohibits any person from: (1) importing bear viscera into, or exporting it from, the United States; or (2) selling bear viscera, bartering, offering it for sale or barter, purchasing, or possessing it with intent to sell or barter, transporting, acquiring, or receiving it in interstate or foreign commerce. Subjects persons who violate such prohibitions to specified penalties.
Requires the Secretary of the Interior and the United States Trade Representative to discuss issues involving such trade with representatives of countries that are the leading importers, exporters, or consumers of such products. Requires the Secretary to report to the Congress on the progress of efforts to end illegal trade in bear viscera. | {"src": "billsum_train", "title": "Bear Protection Act"} | 1,168 | 163 | 0.580339 | 1.727706 | 0.641423 | 2.805755 | 7.302158 | 0.834532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oversight of Sensitive Military
Operations Act''.
SEC. 2. CONGRESSIONAL NOTIFICATION OF SENSITIVE MILITARY OPERATIONS.
(a) Notification Required.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 130f. Congressional notification of sensitive military
operations
``(a) In General.--The Secretary of Defense shall promptly submit
to the congressional defense committees notice in writing of any
sensitive military operation following such operation.
``(b) Procedures.--(1) The Secretary of Defense shall establish and
submit to the congressional defense committees procedures for complying
with the requirements of subsection (a) consistent with the national
security of the United States and the protection of operational
integrity.
``(2) The congressional defense committees shall ensure that
committee procedures designed to protect from unauthorized disclosure
classified information relating to national security of the United
States are sufficient to protect the information that is submitted to
the committees pursuant to this section.
``(c) Sensitive Military Operation Defined.--The term `sensitive
military operation' means a lethal operation or capture operation
conducted by the armed forces outside the United States pursuant to--
``(1) the Authorization for Use of Military Force (Public
Law 107-40; 50 U.S.C. 1541 note); or
``(2) any other authority except--
``(A) a declaration of war; or
``(B) a specific authorization for the use of force
other than the authorization referred to in paragraph
(1).
``(d) Exception.--The notification requirement under subsection (a)
shall not apply with respect to a sensitive military operation executed
within the territory of Afghanistan pursuant to the Authorization for
Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note).
``(e) Rule of Construction.--Nothing in this section shall be
construed to provide any new authority or to alter or otherwise affect
the War Powers Resolution (50 U.S.C. 1541 et seq.) or the Authorization
for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 130e the following new item:
``130f. Congressional notification regarding sensitive military
operations.''.
(b) Effective Date.--Section 130f of title 10, United States Code,
as added by subsection (a), shall apply with respect to any sensitive
military operation (as defined in subsection (c) of such section)
executed on or after the date of the enactment of this Act.
(c) Deadline for Submittal of Procedures.--The Secretary of Defense
shall submit to the congressional defense committees the procedures
required under section 130f(b) of title 10, United States Code, as
added by subsection (a), by not later than 60 days after the date of
the enactment of this Act.
SEC. 3. REPORT ON PROCESS FOR DETERMINING TARGETS OF LETHAL OPERATIONS.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing an explanation of
the legal and policy considerations and approval processes used in
determining whether an individual or group of individuals could be the
target of a lethal operation or capture operation conducted by the
Armed Forces of the United States outside the United States.
(b) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
SEC. 4. COUNTERTERRORISM OPERATIONAL BRIEFINGS.
(a) Briefings Required.--Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 492. Quarterly briefings: counterterrorism operations
``(a) Briefings Required.--The Secretary of Defense shall provide
to the congressional defense committees quarterly briefings outlining
Department of Defense counterterrorism operations and related
activities involving special operations forces.
``(b) Elements.--Each briefing under subsection (a) shall include
each of the following:
``(1) A global update on activity within each geographic
combatant command.
``(2) An overview of authorities and legal issues including
limitations.
``(3) An outline of interagency activities and initiatives.
``(4) Any other matters the Secretary considers
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``492. Quarterly briefings: counterterrorism operations.''. | Oversight of Sensitive Military Operations Act - Directs the Secretary of Defense (DOD) to notify the congressional defense and appropriations committees of any sensitive military operation (a lethal or capture operation conducted by U.S. Armed Forces outside the United States) promptly following such operation. Requires: (1) the Secretary to submit to such committees procedures for complying with such requirement consistent with U.S. national security and the protection of operational integrity, and (2) such committees to ensure that committee procedures designed to protect the unauthorized disclosure of U.S. national security information are sufficient to protect the information submitted. Makes the notification requirement inapplicable to a sensitive military operation executed within Afghanistan pursuant to the Authorization for Use of Military Force. Requires the Secretary to submit to such committees an explanation of the legal and policy considerations and approval processes used in determining whether an individual or group could become the target of a sensitive military operation. Directs the Secretary to provide such committees quarterly briefings on DOD counterterrorism operations and related activities involving special operations forces. | {"src": "billsum_train", "title": "Oversight of Sensitive Military Operations Act"} | 1,161 | 238 | 0.635598 | 1.651991 | 0.918625 | 3.478947 | 5.273684 | 0.931579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Safety Act of
2008''.
SEC. 2. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC.
The Secretary of Transportation shall modify regulations issued
pursuant to section 1402 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (23 U.S.C. 401 note; 119
Stat. 1227) to allow fire services personnel that are subject to the
regulations to wear apparel meeting the high visibility requirements
set forth in NFPA 1971-2007 (Standard on Protective Ensembles for
Structural Fire Fighting and Proximity Fire Fighting) in lieu of
apparel meeting the requirements set forth in ANSI/ISEA 107-2004.
SEC. 3. POSITIVE PROTECTIVE DEVICES.
Not later than 60 days after the date of enactment of this Act, the
Secretary of Transportation shall modify section 630.1108(a) of title
23, Code of Federal Regulations, to ensure that--
(1) at a minimum, positive protective measures are used to
separate workers on highway construction projects from
motorized traffic in all work zones conducted under traffic in
areas that offer workers no means of escape (e.g., tunnels,
bridges, etc.), unless an engineering analysis determines
otherwise;
(2) temporary longitudinal traffic barriers are used to
protect workers on highway construction projects in stationary
work zones lasting 2 weeks or more when the project design
speed is 45 miles per hour or greater and the nature of the
work requires workers to be within one lane-width from the edge
of a live travel lane, unless an engineering analysis
determines otherwise; and
(3) when positive protective devices are necessary for
highway construction projects, these devices are paid for on a
unit pay basis, unless doing so would create a conflict with
innovative contracting approaches, such as design-build or some
performance-based contracts where the contractor is paid to
assume a certain risk allocation and payment is generally made
on a lump sum basis.
SEC. 4. USE OF PATENTED OR PROPRIETARY ITEMS TO FURTHER STATE STRATEGIC
HIGHWAY SAFETY PLANS.
Section 112 of title 23, United States Code, is amended by adding
at the end the following:
``(h) Use of Patented or Proprietary Items To Further State
Strategic Highway Safety Plans.--The Secretary shall approve the use of
Federal funds made available to carry out this chapter in the payment
of patented or proprietary items if the State transportation department
certifies, based on the documented analysis and professional judgment
of qualified State transportation officials, that--
``(1) the patented or proprietary item will contribute to
the accomplishment of one or more goals set forth in the
State's strategic highway safety plan;
``(2) no equally suitable alternative item exists;
``(3) any specified patented or proprietary item will be
clearly identified as a patented or proprietary item in bid
documents; and
``(4) any patented or proprietary item specified pursuant
to this certification will be available in sufficient quantity
to complete any project identified in bid documents.''.
SEC. 5. MINIMUM LEVEL OF RETROREFLECTIVITY FOR PAVEMENT MARKINGS.
Not later than October 1, 2010, the Secretary of Transportation
shall revise the Manual on Uniform Traffic Control Devices to include a
standard for a minimum level of retroreflectivity that must be
maintained for pavement markings, which shall apply to all roads open
to public travel.
SEC. 6. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) Highway Signs and Pavement Markings.--Section 148(a)(3)(A)(xi)
of title 23, United States Code, is amended to read as follows:
``(xi) Installation, replacement, and
upgrade of highway signs and pavement markings,
including any upgrade of materials and the
implementation of any assessment or management
method designed to meet a State-established
performance standard, Federal regulation, or
requirement contained in the Manual on Uniform
Traffic Control Devices relating to minimum
levels of retroreflectivity.''.
(b) Minimum Levels of Retroreflectivity.--Section 148 of such title
is amended by adding at the end the following:
``(i) Minimum Levels of Retroreflectivity.--Not later than
September 30, 2010, the Secretary shall establish a program to require
each State--
``(1) to conduct an assessment for each fiscal year of the
financial obligations, if any, of each unit of local government
in the State attributable to a national standard for
maintaining minimum levels of retroreflectivity in traffic
signs and pavement markings; and
``(2) to provide to each unit of local government in the
State, out of amounts made available to carry out this chapter,
funds in an amount not less than 90 percent of the financial
obligations, if any, of the unit of local government identified
under paragraph (1).''.
SEC. 7. ROADWAY SAFETY IMPROVEMENT PROGRAM FOR OLDER DRIVERS AND
PEDESTRIANS.
(a) In General.--The Secretary of Transportation shall carry out a
program to improve traffic signs and pavement markings in all States
(as such term is defined in section 101 of title 23, United States
Code) in a manner consistent with the recommendations included in the
publication of the Federal Highway Administration entitled ``Guidelines
and Recommendations to Accommodate Older Drivers and Pedestrians 9FHWA-
RD-01-103)'' and dated October 2001.
(b) Apportionment of Funds.--On October 1 of each fiscal year, the
Secretary shall apportion sums authorized to be appropriated to carry
out this section for such fiscal year among the several States using
the formula set forth in section 104(b)(5) of title 23, United States
Code.
(c) Federal Share.--The Federal share of the cost of a project
carried out under this section shall be determined in accordance with
section 120 of title 23, United States Code.
(d) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) $90,000,000 to carry out this section for each of fiscal years
2010 through 2014.
(e) Applicability of Title 23.--Funds made available to carry out
this section shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23, United States
Code.
SEC. 8. RAILWAY-HIGHWAY GRADE CROSSINGS.
(a) Transparency of State Survey and Schedule of Railway-Highway
Grade Crossings.--Section 130(d) of title 23, United States Code, is
amended by adding at the end the following: ``Each State shall make
surveys and schedules compiled under this subsection available to the
public through the Internet Web site of the State.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out section 130 of title 23, United States Code,
$220,000,000 for each of fiscal years 2010 through 2014.
(c) Conforming Amendments.--Section 130 of title 23, United States
Code, is amended--
(1) in subsection (e)(1) by striking the first sentence;
and
(2) in subsections (f)(1) and (f)(3) by striking ``set
aside'' and inserting ``made available''.
SEC. 9. REVIEW OF SAFETY OF HIGHWAY-RAIL GRADE CROSSINGS.
(a) In General.--The Secretary of Transportation shall conduct a
comprehensive review of the safety of all highway-rail grade crossings
in the United States.
(b) Method.--In reviewing the safety of a highway-rail grade
crossing under subsection (a), the Secretary shall--
(1) assess, at a minimum, safety conditions, average daily
traffic, proximity to schools, past accidents, fatalities, and
possible safety improvements; and
(2) determine the best method for making the crossing
safer, including closings, grade separations, installation of
protective devices, or other methods.
(c) Priority List.--Based on the information collected in
conducting the comprehensive review under subsection (a), the Secretary
shall compile, maintain, and submit to Congress a list of the 10
highway-rail grade crossings in each State that have the greatest need
for safety improvements.
(d) Inclusion in Highway-Rail Grade Crossing Database.--The
Secretary shall include the information collected in conducting the
comprehensive review under subsection (a), and the priority list
submitted under subsection (c), in the national database on the safety
of highway-rail grade crossings required under section 20156(a) of
title 49, United States Code, as added by section 10 of this Act.
(e) Update.--The Secretary shall update the comprehensive review
under subsection (a) at least once every 4 years.
(f) Availability of Information.--The Secretary shall make priority
lists and databases compiled under this section available to the public
through the Internet Web site of the Department of Transportation.
(g) Limitation on Use of Data in Judicial Proceedings.--
Notwithstanding any other provision of law, any report, review, survey,
schedule, list, or data compiled or collected for the purpose of
identifying, evaluating, or planning the safety enhancement of a
potential accident site or railway-highway crossing pursuant to this
section shall not be subject to discovery or admitted into evidence in
a Federal or State court proceeding or considered for other purposes in
any action for damages arising from any occurrence at a location
mentioned or addressed in such report, review, survey, schedule, list,
or data.
SEC. 10. HIGHWAY-RAIL GRADE CROSSING SAFETY.
(a) Highway-Rail Grade Crossing Safety.--Subchapter II of chapter
201 of title 49, United States Code, is amended by adding at the end
the following:
``Sec. 20156. Highway-rail grade crossing safety information
``(a) Establishment of Database.--The Secretary of Transportation
shall establish and maintain a national database of information on the
safety of highway-rail grade crossings in the United States.
``(b) Accident and Incident Reports To Be Included in Database.--
The Secretary shall include in the database under subsection (a)
information from incident reports filed with the Federal Railroad
Administration regarding accidents and other safety-related incidents
that have occurred at highway-rail grade crossings.''.
(b) Clerical Amendment.--The analysis for subchapter II of such
chapter is amended by adding at the end the following:
``20156. Highway-rail grade crossing safety information.''. | Surface Transportation Safety Act of 2008 - Directs the Secretary of Transportation to modify certain federal regulations to: (1) allow fire services personnel to wear high visibility apparel meeting certain requirements; and (2) ensure that positive protective measures (including temporary longitudinal traffic barriers) are used to separate workers on highway construction projects from motorized traffic.
Directs the Secretary to approve the use of federal-aid highway funds for patented or proprietary items that further the goals of state strategic highway safety plans.
Directs the Secretary of Transportation to revise the Manual on Uniform Traffic Control Devices to include a standard for a minimum level of retroreflectivity that must be maintained for pavement markings, which shall apply to all roads open to public travel.
Revises requirements for the highway safety improvement program to count installation, replacement, and upgrade of highway signs and pavement markings as a highway safety improvement project. Directs the Secretary to: (1) require each state to assess local government financial obligations to maintain minimum levels of retroreflectivity in traffic signs and pavement markings; and (2) provide local governments funding for at least 90% of such obligations.
Directs the Secretary to: (1) carry out a program to improve traffic signs and pavement markings for older drivers and pedestrians in all states; (2) review the safety of all highway-rail grade crossings in the United States and, based on such review, compile a list of the ten highway-rail grade crossings having the greatest need for safety improvements; and (3) establish a national database of information on the safety of highway-rail grade crossings in the United States. | {"src": "billsum_train", "title": "To direct the Secretary of Transportation to carry out programs and activities to improve highway safety."} | 2,381 | 330 | 0.531389 | 1.666559 | 0.843898 | 4.5209 | 6.794212 | 0.958199 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Education Assistance
Act''.
SEC. 2. ASSISTANCE TO SCHOOL DISTRICTS ENROLLING EVACUATED STUDENTS.
(a) Purpose.--It is the purpose of this section to provide
financial assistance to States and to local educational agencies that
enroll significant numbers of students displaced by Hurricane Katrina
or Rita.
(b) Program Authorized.--(1) From the amount made available to
carry out this section, the Secretary shall make grants to eligible
entities to carry out the purpose of this section.
(2) Each eligible entity desiring to receive a grant under this
section shall--
(A) submit to the Secretary, on a quarterly basis, counts
of its enrollment of displaced students; and
(B) maintain records necessary to document its student
enrollment counts.
(c) Eligible Entity.--For the purposes of this section, the term
``eligible entity'' means--
(1) the State educational agencies of Louisiana,
Mississippi, and Texas;
(2) in any other State, a local educational agency that
enrolls at least 10 students displaced by Hurricane Katrina or
Rita; and
(3) any school funded by the Bureau of Indian Affairs that
enrolls at least 10 students displaced by Hurricane Katrina or
Rita.
(d) Length of Award.--(1) Each grant under this section shall be
for the period of the 2005-2006 school year.
(2) Each eligible entity shall return to the Secretary any funds
awarded to it under this section that it does not obligate by the end
of the grant period.
(e) Quarterly Payments.--(1) The Secretary, as soon as feasible
after receiving each of the quarterly enrollment counts from eligible
entities under subsection (b)(2)(A), shall make payments to those
entities.
(2) The quarterly payments under paragraph (1) shall be calculated
by multiplying--
(A) the number of displaced students enrolled in that
quarter by the local educational agency or, in the case of
Louisiana, Mississippi, and Texas, by all local educational
agencies in the State; by
(B) 90 percent of the average per-pupil expenditure for
elementary and secondary education in the State in which the
local educational agency is located (not to exceed $7,500), as
determined by the Secretary using data from the most recent
year for which satisfactory data are available; by
(C) 25 percent.
(3) If, for any quarter, the amount available to make payments
under paragraph (1) is insufficient to pay the full amounts that
eligible entities are eligible to receive under that paragraph, the
Secretary shall ratably reduce the amount of those payments.
(f) Within-State Allocations.--(1) The State educational agencies
of Louisiana, Mississippi, and Texas shall distribute the funds they
receive under subsection (e), on a quarterly basis, to eligible local
educational agencies in the State.
(2) The payments under paragraph (1) shall be calculated by--
(A) multiplying the local share of the per-child cost of
education in the local educational agency; by
(B) the number of displaced students in the local
educational agency; or
(C) an alternate methodology, approved by the Secretary,
for the purpose of this subsection.
(g) Remainder.--The State educational agencies of Louisiana,
Mississippi, and Texas shall use any funds remaining after making
grants under subsection (f) for activities to assist local educational
agencies in which schools remain closed as a result of Hurricane
Katrina or Rita to re-open those schools as quickly and effectively as
possible. Such activities may include--
(1) arranging for temporary facilities necessary to operate
educational programs during the time that permanent facilities
are being rebuilt or repaired;
(2) purchasing equipment and materials to replace those
items destroyed or damaged by Hurricane Katrina or Rita;
(3) paying the cost of student transportation;
(4) recruiting or retraining teachers or other school staff
to serve in re-opened schools; and
(5) providing non-financial assistance to students and
their families on their return to the affected areas and their
re-enrollment in affected schools.
(h) Uses of Funds.--Each local educational agency that receives
funds under this section shall use those funds for expenses related to
educating children enrolled in its schools, which may include--
(1) teacher and staff salaries;
(2) building maintenance;
(3) materials and equipment;
(4) student transportation;
(5) special services and instruction, such as--
(A) English language acquisition services and
programs for students with limited English proficiency;
(B) services for children with disabilities; and
(C) mental-health counseling for children displaced
by Hurricane Katrina or Rita;
(6) after-school programs;
(7) supplemental educational services; and
(8) early childhood programs.
(i) Accountability.--The State educational agencies of Louisiana,
Mississippi, and Texas and any other eligible entity that receives
funds under this section, shall take appropriate measures to ensure
proper use of, and accounting for, all funds they receive under this
section.
(j) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated
$1,860,000,000 for fiscal year 2006.
SEC. 3. ASSISTANCE FOR THE ENROLLMENT OF EVACUATED STUDENTS IN PRIVATE
SCHOOLS.
(a) Authority.--From funds available to carry out this section, the
Secretary shall make one-time, emergency grants to State educational
agencies to reimburse parents of students who were displaced by
Hurricane Katrina or Rita and who are attending any private school in
the State that is accredited or licensed or otherwise operates in
accordance with State law.
(b) Length of Award.--(1) An emergency grant to a State educational
agency under this section shall be for the period of the 2005-2006
school year.
(2) A State educational agency shall return to the Secretary any
funds it receives under this section that it does not obligate by the
end of the 2005-2006 school year.
(c) Applications.--The State educational agency's application for
an emergency grant shall include--
(1) the number of displaced students whose parents the
State educational agency expects to reimburse under this
section; and
(2) a detailed description of the procedures the State
educational agency plans to use to provide reimbursements to
the parents of those students and to ensure fiscal
accountability for any funds it receives under this section.
(d) Amount of Grants.--(1) The amount of a State educational
agency's emergency grant under this section shall be--
(A) the number of displaced students whose parents the
State educational agency will reimburse, as determined by the
Secretary; multiplied by
(B) the amount described in section 1(e)(2)(B).
(2) If the amount of funds available under this section is
insufficient to award grants in the amounts determined under paragraph
(1), the amount of each such grant shall be ratably reduced.
(e) Uses of Funds.--Each State educational agency receiving an
emergency grant under this section--
(1) shall use the grant funds to provide a reimbursement,
once per semester (or lesser portion of the school year, if the
State so decides), directly to the parents of displaced
students, for the cost of those students' tuition, fees, and
transportation expenses, if any, at any private school of their
choice in the State for that semester (or lesser period);
(2) shall ensure that parents who receive funds under this
section use those funds only for the purposes described in
paragraph (1);
(3) may use not more than three percent of the amount
provided under the grant for the administrative expenses of
carrying out this section; and
(4) may contract with a public or private nonprofit agency
or entity to administer and operate the program authorized
under this section.
(f) Maximum Amount.--
(1) In general.--The maximum reimbursement that a State
educational agency may provide to parents on behalf of an
individual displaced student under this section is an amount
equal to 90 percent of the State's per-pupil expenditure for
elementary and secondary education, up to $7,500, but shall not
exceed--
(A) the cost of tuition and fees (and
transportation expenses, if any) at the private school
at which the student is (or will be) enrolled; minus
(B) any refund received by the parents if the
student leaves the school.
(2) Refund policy.--The State educational agency shall
provide reimbursements under this section only to parents of
displaced students enrolled in private schools that apply a
refund policy to these students that is at least as favorable
as the refund policy they apply to other students.
(g) Limitation.--The Secretary shall establish criteria, including
family income or assets, or both, to determine whether, and to what
extent, families of displaced students are eligible for assistance
under this section.
(h) By-Pass.--If a State educational agency is unable or unwilling
to carry out this section, the Secretary may make such arrangements as
the Secretary finds appropriate to carry out this section on behalf of
displaced students attending private schools in that State.
(i) Rule of Construction.--Section 308 of the DC School Choice
Incentive Act of 2003 shall apply to this section.
(j) Termination of Authority.--The authority provided by this
section shall terminate on June 30, 2006.
(k) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $488,000,000
for fiscal year 2006.
SEC. 4. DEFINITIONS.
(a) As used in this Act, the following terms have the following
meanings:
(1) ESEA definitions.--The terms ``average per-pupil
expenditure'', ``child'', ``county'', ``elementary school'',
``local educational agency'', ``other staff'', ``parent'',
``secondary school'', ``Secretary'', ``State'', and ``State
educational agency'' have the meaning given those terms in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) Affected area.--The term ``affected area'' means a
county or parish, in a State, that has been designated by the
Federal Emergency Management Agency for disaster assistance for
individuals and households as a result of Hurricane Katrina or
Rita.
(3) Displaced student.--Except as provided in section
4(e)(2) of this Act, the term ``displaced student'' means a
student who was formerly a resident of an affected area and, as
a result of Hurricane Katrina or Rita, has enrolled in a public
or private elementary or secondary school in a new community.
SEC. 5. FEDERAL ADMINISTRATION.
(a) From the funds made available to carry out this Act, the
Secretary may reserve up to one percent for the costs of administering
this Act.
(b) The Secretary shall take such measures as the Secretary finds
necessary to ensure proper use of, and accounting for, all funds made
available under this Act, including provisions to ensure sound fiscal
management of grant funds by grantees.
SEC. 6. PROHIBITED USES OF FUNDS.
Funds under this Act may not be used for--
(1) school construction (except for minor remodeling as
otherwise authorized); or
(2) expenses covered by the Federal Emergency Management
Agency or private insurance.
SEC. 7. REPORTS.
Any grantee under this Act shall prepare and submit to the
Secretary a final report, not later than 90 days after the termination
of the grant period, that describes the activities carried out with the
grant funds. | Hurricane Education Assistance Act - Directs the Secretary of Education to make grants for the 2005-2006 school year to eligible entities that serve students displaced by Hurricane Katrina or Hurricane Rita who enroll in elementary or secondary, including charter, schools served by or in such entities. Makes eligible for such grants: (1) the Louisiana, Mississippi, or Texas state educational agency; and (2) other states' local educational agencies, or schools funded by the Bureau of Indian Affairs, if they enroll at least 10 displaced students.
Directs the Secretary to make one-time emergency grants to state educational agencies to reimburse parents or guardians of displaced students who are attending private schools in such states for the 2005-2006 school year.
Prohibits use of funds under this Act for: (1) school construction, except for minor remodeling as otherwise authorized; or (2) expenses covered by the Federal Emergency Management Agency (FEMA) or private insurance. | {"src": "billsum_train", "title": "To provide assistance for the education of elementary and secondary students."} | 2,541 | 191 | 0.670099 | 1.713083 | 0.82069 | 3.289617 | 13.213115 | 0.95082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Engine Technology Act of
2003''.
SEC. 2. CREDIT FOR QUALIFYING CLEAN TECHNOLOGY ENGINES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:
``SEC. 30B. CREDIT FOR QUALIFYING CLEAN TECHNOLOGY ENGINES.
``(a) Credit Allowed.--There shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount equal to
25 percent of the cost of each qualifying clean technology engine
placed in service during the taxable year by any taxpayer in connection
with such taxpayer's trade or business.
``(b) Limitation.--
``(1) In general.--The credit allowed under subsection (a)
shall not exceed $15,000 for any taxpayer for any taxable year.
``(2) Maximum credit per ton.--The credit allowed under
subsection (a) shall not exceed $13,600 for each ton of
emissions eliminated, as determined by regulations promulgated
by the Secretary.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualifying clean technology engine.--
``(A) In general.--The term `qualifying clean
technology engine' means an engine--
``(i) which replaces a diesel engine (which
is not a qualifying clean technology engine)
used by the taxpayer immediately before such
engine is placed in service,
``(ii) which is used--
``(I) in a heavy duty truck or a
bus, or
``(II) for off-highway use,
``(iii) 75 percent of emissions from which
are in an area designated as a severe or
extreme 1 hour ozone nonattainment area (as
determined by the Administrator of the
Environmental Protection Agency) as of the date
of the enactment of this section,
``(iv) which--
``(I) emits at least 30 percent
fewer ozone forming pollutants than the
engine which it replaces, and
``(II) meets any Federal and State
pollution control requirements
applicable to the year in which such
engine is placed in service, and
``(v) which is certified as meeting the
requirements of this section by the local air
pollution control authority in such area.
``(B) Engines in new motor vehicles included.--
``(i) In general.--Such term includes an
engine that otherwise meets the requirements of
subparagraph (A) and is in a new motor vehicle
purchased by the taxpayer which replaces a
motor vehicle with a diesel engine (which is
not a qualifying clean technology engine) used
by the taxpayer immediately before such new
motor vehicle is placed in service.
``(ii) Engine in new vehicle replaces
engine in old vehicle.--For purposes of this
section, a qualifying clean technology engine
in a new motor vehicle shall be considered to
have replaced the engine in the vehicle used by
the taxpayer immediately before the new motor
vehicle is placed in service.
``(2) Old engine must be destroyed.--No credit shall be
allowed under subsection (a) unless the taxpayer destroys or
otherwise retires the engine which is replaced by the
qualifying clean technology engine.
``(d) Application With Other Credits.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under subpart A and sections 27,
29, and 30, over
``(2) the tentative minimum tax for the taxable year.
``(e) Basis Reduction.--For purposes of this title, the basis of
any property shall be reduced by the portion of the cost of such
property taken into account under subsection (a).
``(f) No Double Benefit.--The amount of any deduction or other
credit allowable under this chapter for any cost taken into account in
computing the amount of the credit determined under subsection (a)
shall be reduced by the amount of such credit attributable to such
cost.
``(g) Carryback and Carryforward Allowed.--
``(1) In general.--If the credit allowable under subsection
(a) for a taxable year exceeds the amount of the limitation
under subsection (d) for such taxable year (in this paragraph
referred to as the `unused credit year'), such excess shall be
a credit carryback to each of the 3 taxable years preceding the
unused credit year and a credit carryforward to each of the 20
taxable years following unused credit year, except that no
excess may be carried to a taxable year beginning before the
date of the enactment of this paragraph.
``(2) Rules.--Rules similar to the rules of section 39
shall apply with respect to the credit carryback and credit
carryforward under paragraph (1).
``(h) Other Special Rules.--Rules similar to the rules of
paragraphs (4) and (5) of section 179A(e) shall apply.
``(i) Regulations.--The Secretary shall, after consulting with the
Administrator of the Environmental Protection Agency and the California
Air Resources Board, prescribe such regulations as necessary to carry
out the provisions of this section.
``(j) Termination.--This section shall not apply to any property
placed in service after December 31, 2009.''.
(b) Conforming Amendments.--
(1) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (27), by striking the period at
the end of paragraph (28) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(29) to the extent provided in section 30B(e).''.
(2) Section 55(c)(2) of such Code is amended by inserting
``30B(d),'' after ``30(b)(3),''.
(3) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 30A the following new item:
``30B. Credit for qualifying clean technology engines.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, in taxable years ending after such date. | Clean Engine Technology Act of 2003 - Amends the Internal Revenue Code to allow a limited credit, through December 31, 2009 for the cost of each qualifying clean technology engine placed in service by a taxpayer in connection with the taxpayer's trade or business. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit for qualifying clean technology engines."} | 1,474 | 54 | 0.596888 | 1.463281 | 0.91316 | 3.708333 | 27.895833 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Telephone Records
Protection Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) customer telephone records may be accessed without
authorization of the customer by--
(A) an employee of the telephone company selling
the data;
(B) ``pretexting'', whereby a data broker or other
person pretends to be the owner of the phone and
convinces the telephone company's employees to release
the data to them; or
(C) unauthorized access of accounts via the
Internet; and
(2) because telephone companies encourage customers to
manage their accounts online, many set up the online capability
in advance. Many customers never access their Internet
accounts, however. If someone seeking the information activates
the account before the customer, he or she can gain unfettered
access to the telephone records and call logs of that customer.
SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH
OBTAINING CONFIDENTIAL PHONE RECORDS INFORMATION OF A
COVERED ENTITY.
(a) Prohibition on Obtaining Confidential Phone Records Information
Under False Pretenses.--It shall be unlawful for any person in
interstate or foreign commerce to knowingly and intentionally obtain,
or attempt to obtain, confidential phone records information of a
covered entity, by--
(1) making false or fraudulent statements or
representations to an employee of a covered entity;
(2) making such false or fraudulent statements or
representations to a customer of a covered entity;
(3) providing a document to a covered entity knowing that
such document is false or fraudulent; or
(4) accessing customer accounts of a covered entity via the
Internet, or by means of conduct that violates section 1030 of
this title, without prior authorization from the customer to
whom such confidential phone records information relates.
(b) Prohibition on Sale or Transfer of Confidential Phone Records
Information.--
(1) Except as otherwise permitted by applicable law, it
shall be unlawful for any person in interstate or foreign
commerce to knowingly and intentionally sell or transfer, or
attempt to sell or transfer, confidential phone records
information of a covered entity, without prior authorization
from the customer to whom such confidential phone records
information relates, or knowing or having reason to know such
information was obtained fraudulently.
(2) For purposes of this subsection, the exceptions
specified in section 222(d) of the Communications Act of 1934
(47 U.S.C. 222(d)) shall apply for the use of confidential
phone records information by any covered entity, as defined in
section 7.
(c) Prohibition on Purchase or Receipt of Confidential Phone
Records Information.--
(1) Except as otherwise permitted by applicable law, it
shall be unlawful for any person in interstate or foreign
commerce to knowingly and intentionally purchase or receive, or
attempt to purchase or receive, confidential phone records
information of a covered entity, without prior authorization
from the customer to whom such confidential phone records
information relates, or knowing or having reason to know such
information was obtained fraudulently.
(2) For purposes of this subsection, the exceptions
specified in section 222(d) of the Communications Act of 1934
(47 U.S.C. 222(d)) shall apply for the use of confidential
phone records information by any covered entity, as defined in
section 7.
SEC. 4. NONAPPLICABILITY TO LAW ENFORCEMENT AGENCIES.
Section 3 shall not prohibit any lawfully authorized investigative,
protective, or intelligence activity of a law enforcement agency of the
United States, a State, or political subdivision of a State, or of an
intelligence agency of the United States.
SEC. 5. TELECOMMUNICATIONS CARRIER NOTIFICATION REQUIREMENT.
Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Notice of Violations.--The Commission shall by regulation
require each telecommunications carrier to notify the customer of any
incidents in which such telecommunications carrier becomes or is made
aware in which customer proprietary network information relating to
such customer is disclosed to someone other than the customer in
violation of this section or section 3 of the Consumer Telephone
Records Protection Act of 2006.''.
SEC. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
A violation of section 3 shall be treated as an unfair or deceptive
act or practice in violation of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45). All of the functions and powers of the
Federal Trade Commission under that Act are available to the Commission
to enforce compliance by any person with such section, irrespective of
whether that person is engaged in commerce or meets any other
jurisdictional tests in the Federal Trade Commission Act, including the
power to enforce the provisions of such section in the same manner as
if the violation had been a violation of a Federal Trade Commission
trade regulation rule.
SEC. 7. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Confidential phone records information.--The term
``confidential phone records information'' means information
that--
(A) relates to the quantity, technical
configuration, type, destination, location, or amount
of use of a service offered by a covered entity,
subscribed to by any customer of that covered entity,
and kept by or on behalf of that covered entity solely
by virtue of the relationship between that covered
entity and the customer;
(B) is made available to a covered entity by a
customer solely by virtue of the relationship between
that covered entity and the customer; or
(C) is contained in any bill, itemization, or
account statement provided to a customer by or on
behalf of a covered entity solely by virtue of the
relationship between that covered entity and the
customer.
(2) Covered entity.--The term ``covered entity''--
(A) has the same meaning given the term
``telecommunications carrier'' in section 3 of the
Communications Act of 1934 (47 U.S.C. 153); and
(B) includes any provider of IP-enabled voice
service.
(3) Customer.--The term ``customer'' means, with respect to
a covered entity, any individual, partnership, association,
joint stock company, trust, or corporation, or authorized
representative of such customer, to whom the covered entity
provides a product or service.
(4) IP-enabled voice service.--The term ``IP-enabled voice
service'' means the provision of real-time voice communications
offered to the public, or such class of users as to be
effectively available to the public, transmitted through
customer premises equipment using TCP/IP protocol, or a
successor protocol, (whether part of a bundle of services or
separately) with interconnection capability such that the
service can originate traffic to, or terminate traffic from,
the public switched telephone network, or a successor network. | Consumer Telephone Records Protection Act of 2007 - Makes it unlawful for any person in interstate commerce to knowingly and intentionally: (1) obtain confidential phone records information under false pretenses; (2) sell or transfer confidential phone records information without prior authorization from the customer; and (3) receive or purchase confidential phone records information. Provides for Federal Trade Commission (FTC) enforcement of such provisions.
Makes such provisions inapplicable to law enforcement agencies.
Amends the Communications Act of 1934 to require a telecommunication carrier to notify a customer of any incidents in which proprietary network information relating to such customer is disclosed to someone other than the customer. | {"src": "billsum_train", "title": "To prohibit the obtaining of customer information from telecommunications carriers by false pretenses, and the sale or disclosure of such records obtained by false pretenses."} | 1,555 | 135 | 0.563683 | 1.597543 | 0.670003 | 3.707317 | 11.642276 | 0.943089 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COLA Fairness Act of 2005''.
SEC. 2. REGIONAL CONSUMER PRICE INDEX.
(a) Recognition of Regions.--The Bureau of Labor Statistics of the
Department of Labor shall establish and publish a mapping of the United
States under which 14 regions are recognized comprising the United
States. Each region shall include one of the cities listed in
subsection (b).
(b) Specified Cities.--The cities specified in this subsection are
the following:
(1) Atlanta, Georgia;
(2) Boston, Massachusetts;
(3) Chicago, Illinois;
(4) Cleveland, Ohio;
(5) Dallas, Texas;
(6) Detroit, Michigan;
(7) Philadelphia, Pennsylvania;
(8) Houston, Texas;
(9) Los Angeles, California;
(10) Miami, Florida;
(11) New York, New York;
(12) San Francisco, California;
(13) Seattle, Washington; and
(14) Washington, District of Columbia.
(c) Establishment of Regional Consumer Price Indices.--The Bureau
shall establish and publish for each region recognized pursuant to
subsection (a) a monthly index for the region, to be known as the
``Regional Consumer Price Index'' for the region, that indicates
changes over time in expenditures for consumption which are typical for
individuals residing in the region.
(d) Effective Date.--The preceding provisions of this section shall
apply with respect to calendar months beginning on or after January 1,
2007.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the provisions of
this section.
SEC. 3. COMPUTATION OF SOCIAL SECURITY COST-OF-LIVING INCREASES.
(a) Amendments to Title II.--
(1) In general.--Section 215(i) of the Social Security Act
(42 U.S.C. 415(i)) is amended--
(A) in paragraph (1)(G), by inserting before the
period the following: ``, and, with respect to an
individual who, at the time he initially becomes
eligible for old-age insurance benefits or disability
insurance benefits (or dies before initially becoming
so eligible), resides in a region of the United States
recognized by the Bureau of Labor Statistics pursuant
to section 2(a) of the COLA Fairness Act of 2005, the
applicable Consumer Price Index shall be deemed to be
the Regional Consumer Price Index for such region'';
and
(B) in paragraph (4), by striking ``and by section
9001'' and inserting ``, by section 9001'', and by
inserting after ``1986,'' the following: ``and by
section 3(a) of the COLA Fairness Act of 2005,''.
(2) Conforming amendments relating to applicable former
law.--Section 215(i)(4) of such Act (42 U.S.C. 415(i)(4)) is
amended by adding at the end the following new sentence: ``For
purposes of computing adjustments under this subsection as so
in effect, the applicable Consumer Price Index shall be deemed
to be the Regional Consumer Price Index for the region in which
such individual resides at the time he becomes eligible for
old-age insurance benefits or disability insurance benefits (or
dies before initially becoming so eligible).''.
(b) Effective Date.--The amendments made by this section shall
apply to determinations made by the Commissioner of Social Security
under section 215(i)(2) of the Social Security Act (42 U.S.C.
415(i)(2)) with respect to cost-of-living computation quarters ending
on or after September 30 of the second calendar year following the
calendar year in which this Act is enacted.
SEC. 4. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY ACT.
(a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended--
(1) in section 1814(i)(2)(B), by inserting ``(i) for
accounting years ending before October 1 of the second calendar
year following the calendar year in which the COLA Fairness Act
of 2005 was enacted,'' after ``for a year is'', and by
inserting after ``fifth month of the accounting year'' the
following: ``, and (ii) for accounting years ending after
October 1 of such calendar year, the cap amount determined
under clause (i) for the last accounting year referred to in
such clause, increased or decreased by the same percentage as
the percentage increase or decrease, respectively, in the
medical care expenditure category (or corresponding category)
of the applicable consumer price index, published by the Bureau
of Labor Statistics, from March of such calendar year to the
fifth month of the accounting year'';
(2) in section 1821(c)(2)(C)(ii)(II), by striking
``consumer price index for all urban consumers (all items;
United States city average)'' and inserting ``applicable
consumer price index'';
(3) in section 1833(h)(2)(A)(i), by striking ``Consumer
Price Index for All Urban Consumers (United States city
average)'' and inserting ``applicable consumer price index'';
(4) in section 1833(i)(2)(C)(i), by striking ``Consumer
Price Index for all urban consumers (U.S. city average)'' and
inserting ``applicable consumer price index'';
(5) in section 1834(a)(14)(J), by striking ``consumer price
index for all urban consumers (United States city average)''
and inserting ``applicable consumer price index'';
(6) in section 1834(h)(4)(A)(x), by striking ``consumer
price index for all urban consumers (United States city
average)'' and inserting ``applicable consumer price index'';
(7) in section 1834(l)(3)(B), by striking ``consumer price
index for all urban consumers (U.S. city average)'' and
inserting ``applicable consumer price index'';
(8) in section 1839(i)(5)(A)(ii), by striking ``Consumer
Price Index for all urban consumers (United States city
average)'' and inserting ``applicable consumer price index'';
(9) in section 1842(b)(19), by striking ``consumer price
index for all urban consumers (U.S. city average)'' and
inserting ``applicable consumer price index'';
(10) in section 1842(o)(5)(C), by striking ``consumer price
index'' and inserting ``applicable consumer price index'';
(11) in section 1842(s)(1), by striking ``consumer price
index for all urban consumers (United States city average)''
and inserting ``applicable consumer price index'';
(12) in subparagraphs (D)(ii) and (E)(i)(II) of section
1860D-14(a)(3), by striking ``consumer price index (all items;
U.S. city average)'' and inserting ``applicable consumer price
index'' each place it appears;
(13) in clauses (i) and (ii) of section 1860D-14(a)(4)(A),
by striking ``consumer price index (all items; U.S. city
average)'' and inserting ``applicable consumer price index''
each place it appears;
(14) in section 1869(b)(1)(E)(iii), by inserting ``(I) for
any such year ending before the second calendar year following
the calendar year in which the COLA Fairness Act of 2005 was
enacted,'' after ``shall be equal to'', and by inserting after
``the year involved'' the following ``, and (II) for any such
year ending with or after such second calendar year, such
dollar amounts determined under subclause (I) for the year
preceding such second calendar year, increased by the
percentage increase in the medical care component (or
corresponding component) of the applicable consumer price
index, published by the Bureau of Labor Statistics, for July of
such preceding year to July preceding the year involved'';
(15) in section 1882(p)(11)(C)(ii), by striking ``Consumer
Price Index for all urban consumers (all items; U.S. city
average)'' and inserting ``applicable consumer price index'';
(16) in section 1886(h)(2)(E)(vi)(II), by striking ``for
all urban consumers''; and
(17) in section 1886(h)(5)(B), by striking ``Consumer Price
Index for All Urban Consumers (United States city average), as
published by the Secretary of Commerce'' and inserting
``applicable consumer price index''.
(b) Definition of Applicable Consumer Price Index.--Section 1861 of
such Act (42 U.S.C. 1395x) is amended by adding at the end the
following new subsection:
``Applicable Consumer Price Index
``(bbb) The term `applicable consumer price index' means, in
connection with any person affected by an adjustment to be made under
this title based on such index, the Regional Consumer Price Index (as
prescribed from time to time by the Bureau of Labor Statistics pursuant
to section 2(c) of the COLA Fairness Act of 2005) for the region in
which such person resides (in the case of an individual) or maintains
principal offices (in any other case) at the time the adjustment takes
effect. The Secretary of Health and Human Services shall prescribe by
regulation, in connection with each requirement for an adjustment under
this title based on a Regional Consumer Price Index, the manner in
which such adjustment is to be determined to affect particular persons
for purposes of this subsection.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to determinations made for periods ending after
December 31 of the second calendar year following the calendar year in
which this Act was enacted. | COLA Fairness Act of 2005 - Requires the Bureau of Labor Statistics of the Department of Labor to establish: (1) a mapping of the United States comprising 14 specified regions; and (2) particular monthly consumer price indices for such regions for computation of cost-of-living increases for Social Security and Medicare (title XVIII of the Social Security Act) benefits. | {"src": "billsum_train", "title": "To require the establishment of regional consumer price indices to compute cost-of-living increases under the programs for Social Security and Medicare and other medical benefits under titles II and XVIII of the Social Security Act."} | 2,325 | 81 | 0.592613 | 1.612224 | 0.879564 | 3.239437 | 27.732394 | 0.957746 |
SECTION 1. FINDINGS.
Congress finds that:
(1) Adak Island is an isolated island located 1,200 miles
southwest of Anchorage, Alaska, between the Pacific Ocean and the
Bering Sea. The Island, with its unique physical and biological
features, including a deep water harbor and abundant marine-
associated wildlife, was recognized early for both its natural and
military values. In 1913, Adak Island was reserved and set aside as
a Preserve because of its value to seabirds, marine mammals, and
fisheries. Withdrawals of portions of Adak Island for various
military purposes date back to 1901 and culminated in the 1959
withdrawal of approximately half of the Island for use by the
Department of the Navy for military purposes.
(2) By 1990, military development on Adak Island supported a
community of 6,000 residents. Outside of the Adak Naval Complex,
there was no independent community on Adak Island.
(3) As a result of the Defense Base Closure and Realignment Act
of 1990 (104 Stat. 1808), as amended, the Adak Naval Complex has
been closed by the Department of Defense.
(4) The Aleut Corporation is an Alaskan Native Regional
Corporation incorporated in the State of Alaska pursuant to the
Alaska Native Claims Settlement Act (ANCSA), as amended (43 U.S.C.
1601, et seq.). The Aleut Corporation represents the indigenous
people of the Aleutian Islands who prior to the Russian exploration
and settlement of the Aleutian Islands were found throughout the
Aleutian Islands which includes Adak Island.
(5) None of Adak Island was available for selection by The
Aleut Corporation under section 14(h)(8) of ANCSA (43 U.S.C.
1613(h)(8)) because it was part of a National Wildlife Refuge and
because the portion comprising the Adak Naval Complex was withdrawn
for use by the United States Navy for military purposes prior to
the passage of ANCSA in December 1971.
(6) The Aleut Corporation is attempting to establish a
community on Adak and has offered to exchange ANCSA land selections
and entitlements for conveyance of certain lands and interests
therein on a portion of Adak formerly occupied by the Navy.
(7) Removal of a portion of the Adak Island land from refuge
status will be offset by the acquisition of high quality wildlife
habitat in other Aleut Corporation selections within the Alaska
Maritime National Wildlife Refuge, maintaining a resident human
population on Adak to control caribou, and making possible a
continued United States Fish and Wildlife Service presence in that
remote location to protect the natural resources of the Aleutian
Islands Unit of the Alaska Maritime National Wildlife Refuge.
(8) It is in the public interest to promote reuse of the Adak
Island lands by exchanging certain lands for lands selected by The
Aleut Corporation elsewhere in the Alaska Maritime National
Wildlife Refuge. Experience with environmental problems associated
with formerly used defense sites in the State of Alaska suggests
that the most effective and efficient way to avoid future
environmental problems on Adak is to support and encourage active
reuse of Adak.
SEC. 2. RATIFICATION OF AGREEMENT.
The document entitled the ``Agreement Concerning the Conveyance of
Property at the Adak Naval Complex'' (hereinafter ``the Agreement''),
and dated September 20, 2000, executed by The Aleut Corporation, the
Department of the Interior and the Department of the Navy, together
with any technical amendments or modifications to the boundaries that
may be agreed to by the parties is hereby ratified, confirmed, and
approved and the terms, conditions, procedures, covenants,
reservations, indemnities and other provisions set forth in the
Agreement are declared to be obligations and commitments of the United
States and The Aleut Corporation: Provided, That modifications to the
maps and legal descriptions of lands to be removed from the National
Wildlife Refuge System within the military withdrawal on Adak Island
set forth in Public Land Order 1949 may be made only upon agreement of
all Parties to the Agreement and notification given to the Committee on
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate:
Provided further, That the acreage conveyed to the United States by The
Aleut Corporation under the Agreement, as modified, shall be at least
36,000 acres.
SEC. 3. REMOVAL OF LANDS FROM REFUGE.
Effective on the date of conveyance to The Aleut Corporation of the
Adak Exchange Lands as described in the Agreement, all such lands shall
be removed from the National Wildlife Refuge System and shall neither
be considered as part of the Alaska Maritime National Wildlife Refuge
nor be subject to any laws pertaining to lands within the boundaries of
the Alaska Maritime National Wildlife Refuge, including the conveyance
restrictions imposed by section 22(g) of ANCSA (43 U.S.C. 1621(g)), for
land in the National Wildlife Refuge System. The Secretary shall adjust
the boundaries of the Refuge so as to exclude all interests in lands
and land rights, surface and subsurface, received by The Aleut
Corporation in accordance with this Act and the Agreement.
SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT ACT.
Lands and interests therein exchanged and conveyed by the United
States pursuant to this Act shall be considered and treated as
conveyances of lands or interests therein under the Alaska Native
Claims Settlement Act, except that receipt of such lands and interests
therein shall not constitute a sale or disposition of land or interests
received pursuant to such Act. The public easements for access to
public lands and waters reserved pursuant to the Agreement are deemed
to satisfy the requirements and purposes of section 17(b) of the Alaska
Native Claims Settlement Act.
SEC. 5. REACQUISITION OF LANDS.
The Secretary of the Interior is authorized to acquire by purchase
or exchange, on a willing seller basis only, any land conveyed to The
Aleut Corporation under the Agreement and this Act. In the event any of
the lands are subsequently acquired by the United States, they shall be
automatically included in the Refuge System. The laws and regulations
applicable to Refuge lands shall then apply to these lands and the
Secretary shall then adjust the boundaries accordingly.
SEC. 6. GENERAL.
(a) Nothwithstanding the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 483-484) and the Defense
Base Closure and Realignment Act of 1990, as amended (10 U.S.C. 2687),
and for the purposes of the transfer of property authorized by this
Act, Department of Navy personal property that remains on Adak Island
is deemed related to the real property and shall be conveyed by the
Department of the Navy to The Aleut Corporation at no additional cost
when the related real property is conveyed by the Department of the
Interior.
(b) The Secretary of the Interior shall convey to The Aleut
Corporation those lands identified in the Agreement as the former
landfill sites without charge to The Aleut Corporation's entitlement
under the Alaska Native Claims Settlement Act.
(c) Any property, including, but not limited to, appurtenances and
improvements, received pursuant to this Act shall, for purposes of
section 21(d) of the Alaska Native Claims Settlement Act, as amended,
and section 907(d) of the Alaska National Interest Lands Conservation
Act, as amended, be treated as not developed until such property is
actually occupied, leased (other than leases for nominal consideration
to public entities) or sold by The Aleut Corporation, or, in the case
of a lease or other transfer by The Aleut Corporation to a wholly owned
development subsidiary, actually occupied, leased, or sold by the
subsidiary.
(d) Upon conveyance to The Aleut Corporation of the lands described
in Appendix A of the Agreement, the lands described in Appendix C of
the Agreement will become unavailable for selection under ANCSA.
(e) The maps included as part of Appendix A to the Agreement depict
the lands to be conveyed to The Aleut Corporation. The maps shall be
left on file at the Region 7 Office of the United States Fish and
Wildlife Service and the offices of Alaska Maritime National Wildlife
Refuge in Homer, Alaska. The written legal descriptions of the lands to
be conveyed to The Aleut Corporation are also part of Appendix A. In
case of any discrepancies, the maps shall be controlling.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Ratifies, confirms, and approves the "Agreement Concerning the Conveyance of Property at the Adak Naval Complex," dated September 20, 2000, and executed by the Aleut Corporation and the Departments of the Interior and the Navy. Permits modifications to the maps and legal descriptions of lands to be removed from the National Wildlife Refuge System (NWRS) within the military withdrawal on Adak Island only upon agreement of all parties and notice to specified congressional committees. Requires the acreage conveyed to the United States to be at least 36,000 acres.Provides that the Adak exchange lands shall be removed from the NWRS and shall not be considered as part of the Alaska Maritime National Wildlife Refuge. Treats lands and interests exchanged and conveyed by the United States pursuant to this Act as conveyances under ANCSA, except that receipt shall not constitute a sale or disposition of land or interests pursuant to such Act. Deems that the public easements for access to public lands and waters reserved pursuant to the Agreement satisfy ANCSA requirements.Authorizes the Secretary of the Interior to acquire, on a willing seller basis, any land conveyed to the Corporation under the Agreement and this Act. Includes acquired lands in the NWRS.Deems Department of Navy personal property that remains on Adak Island to be related to the real property and requires such personal property to be conveyed by such Department to the Corporation at no additional cost when the related real property is conveyed. Requires the Secretary to convey those lands identified in the Agreement as the former landfill sites to the Corporation without charge to its entitlement under ANCSA.Treats any property, including appurtenances and improvements, received pursuant to this Act as not developed until it is actually occupied, leased, or sold by the Corporation or by a wholly owned development subsidiary to which it is transferred..Provides that upon conveyance to the Corporation of the lands described in Appendix A of the Agreement, lands described in Appendix C will become unavailable for selection under ANCSA. | {"src": "billsum_train", "title": "A bill to ratify an agreement between the Aleut Corporation and the United States of America to exchange land rights received under the Alaska Native Claims Settlement Act for certain land interests on Adak Island, and for other purposes."} | 1,864 | 467 | 0.634739 | 2.514529 | 0.778486 | 5.118457 | 4.625344 | 0.931129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Children and Teachers Act'' or the ``Keep Our PACT Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Children are our Nation's future and greatest treasure.
(2) A high-quality education is the surest way for every
child to reach his or her full potential.
(3) Title I of the Elementary and Secondary Schools Act
helps address inequity in education in school districts across
the country to provide a high-quality education to every
student.
(4) The Individuals with Disabilities Education Act
guarantees all children with disabilities a first-rate
education.
(5) The Individuals with Disabilities Education Improvement
Act committed Congress to providing 40 percent of the national
current average per-pupil expenditure for students with
disabilities.
(6) A promise made must be a promise kept.
SEC. 3. FULL FUNDING OF PART A OF TITLE I OF ESEA.
(a) Funding--There are appropriated, out of any money in the
Treasury not otherwise appropriated:
(1) For fiscal year 2016, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311 et
seq.); and
(B) $16,221,582,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher.
(2) For fiscal year 2017, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $18,261,161,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher.
(3) For fiscal year 2018, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $20,557,182,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher.
(4) For fiscal year 2019, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $23,141,888,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher.
(5) For fiscal year 2020, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $26,051,574,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher.
(6) For fiscal year 2021, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $29,327,103,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher.
(7) For fiscal year 2022, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $33,014,472,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher.
(8) For fiscal year 2023, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965, as amended by the
No Child Left Behind Act of 2001; and
(B) $37,165,463,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher.
(9) For fiscal year 2024, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $41,838,368,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher.
(10) For fiscal year 2025, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $47,098,809,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher.
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Section 611(i) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(i)) is amended to read as follows:
``(i) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $12,872,421,000 or 17.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2016, and there are hereby appropriated
$1,374,573,000 or 1.6 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2016, which shall become available for obligation
on July 1, 2016, and shall remain available through
September 30, 2017;
``(B) $14,411,326,000 or 19.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2017, and there are hereby appropriated
$2,913,478,000 or 3.3 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2017, which shall become available for obligation
on July 1, 2017, and shall remain available through
September 30, 2018;
``(C) $16,134,207,000 or 21.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2018, and there are hereby appropriated
$4,636,359,000 or 5.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2018, which shall become available for obligation
on July 1, 2018, and shall remain available through
September 30, 2019;
``(D) $18,063,059,000 or 23.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2019, and there are hereby appropriated
$6,565,211,000 or 7.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2019, which shall become available for obligation
on July 1, 2019, and shall remain available through
September 30, 2020;
``(E) $20,222,507,000 or 25.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2020, and there are hereby appropriated
$8,724,659,000 or 9.3 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2020, which shall become available for obligation
on July 1, 2020, and shall remain available through
September 30, 2021;
``(F) $22,640,117,000 or 27.8 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2021, and there are hereby appropriated
$11,142,269,000 or 11.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2021, which shall become available for
obligation on July 1, 2021, and shall remain available
through September 30, 2022;
``(G) $25,346,755,000 or 30.5 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2022, and there are hereby appropriated
$13,848,907,000 or 14.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2022, which shall become available for
obligation on July 1, 2022, and shall remain available
through September 30, 2023;
``(H) $28,376,972,000 or 33.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2023, and there are hereby appropriated
$16,879,124,000 or 17.3 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2023, which shall become available for
obligation on July 1, 2023, and shall remain available
through September 30, 2024;
``(I) $31,769,453,000 or 36.5 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2024, and there are hereby appropriated
$20,271,605,000 or 20.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2024, which shall become available for
obligation on July 1, 2024, and shall remain available
through September 30, 2025; and
``(J) $35,567,506,000 or 40 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2025 and each subsequent fiscal year,
and there are hereby appropriated $35,567,506,000 or 40
percent of the amount determined under paragraph (2),
whichever is greater, for fiscal year 2025 and each
subsequent fiscal year, which--
``(i) shall become available for obligation
with respect to fiscal year 2025 on July 1,
2025, and shall remain available through
September 30, 2026; and
``(ii) shall become available for
obligation with respect to each subsequent
fiscal year on July 1 of that fiscal year and
shall remain available through September 30 of
the succeeding fiscal year.
``(2) Amount.--With respect to each subparagraph of
paragraph (1), the amount determined under this paragraph is
the product of--
``(A) the total number of children with
disabilities in all States who--
``(i) received special education and
related services during the last school year
that concluded before the first day of the
fiscal year for which the determination is
made; and
``(ii) were aged--
``(I) 3 through 5 (with respect to
the States that were eligible for
grants under section 619); and
``(II) 6 through 21; and
``(B) the average per-pupil expenditure in public
elementary schools and secondary schools in the United
States.''.
SEC. 5. OFFSET.
The amounts appropriated by this Act and the amendments made by
this Act shall be expended consistent with pay-as-you-go requirements. | Keep Our Promise to America's Children and Teachers Act or the Keep Our PACT Act This bill: (1) amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and mandate funding levels for a program that awards grants to states for the provision of special education and related services to children with disabilities, and (2) mandates funding levels for school improvement programs under the Elementary and Secondary Education Act of 1965 (ESEA). With respect to the IDEA grant program, the bill establishes funding levels for each year from FY2016-FY2024 in amounts equal to the greater of: (1) a specified amount for the applicable fiscal year, or (2) a specified percentage of an amount determined pursuant to a formula that multiplies the number of children receiving special education services by the national average per-pupil expenditure in public elementary and secondary schools. Funding levels for FY2025 and beyond must equal the greater of a specified amount or 40% of the amount determined using this formula. With respect to school improvement programs under ESEA, the bill establishes funding levels for each year from FY2016-FY2025 in amounts equal to the difference between: (1) the amount appropriated for the programs in FY2015, and (2) the greater of a specified amount for the applicable fiscal year or the full amount authorized to be appropriated for that fiscal year for such programs. Amounts appropriated under the bill must be expended in a manner consistent with pay-as-you-go requirements. | {"src": "billsum_train", "title": "Keep Our PACT Act"} | 2,321 | 330 | 0.655235 | 1.841176 | 0.75139 | 2.425532 | 7.978723 | 0.808511 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prison Conditions Litigation Reform
Act''.
SEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.
(a) In General.--Section 3626 of title 18, United States Code, is
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
``(a) Requirements for Relief.--
``(1) Prospective relief.--Prospective relief in any civil
action with respect to prison conditions shall extend no
further than necessary to correct the violation of the Federal
right of a particular plaintiff or plaintiffs. The court shall
not grant or approve any prospective relief unless the court
finds that such relief is narrowly drawn, extends no further
than necessary to correct the violation of the Federal right,
and is the least intrusive means necessary to correct the
violation. In determining the intrusiveness of the relief, the
court shall give substantial weight to any adverse impact on
public safety or the operation of a criminal justice system
caused by the relief.
``(2) Preliminary injunctive relief.--In any civil action
with respect to prison conditions, to the extent otherwise
authorized by law, the court may enter a temporary restraining
order or an order for preliminary injunctive relief.
Preliminary injunctive relief shall automatically expire on the
date that is 90 days after its entry, unless the court makes
the order final before the expiration of the 90-day period.
``(3) Prisoner release order.--(A) In any civil action with
respect to prison conditions, no prisoner release order shall
be entered unless--
``(i) a court has previously entered an order for
less intrusive relief that has failed to remedy the
deprivation of the Federal right sought to be remedied
through the prisoner release order; and
``(ii) the defendant has had a reasonable amount of
time to comply with the previous court orders.
``(B) In any civil action in Federal court with respect to
prison conditions, a prisoner release order shall be entered
only by a three-judge court in accordance with section 2284 of
title 28, if the requirements of subparagraph (E) have been
met.
``(C) A party seeking a prisoner release order in Federal
court shall file with any request for such relief, a request
for a three-judge court and materials sufficient to demonstrate
that the requirements of subparagraph (A) have been met.
``(D) If the requirements under subparagraph (A) have been
met, a Federal judge before whom a civil action with respect to
prison conditions is pending who believes that a prison release
order should be considered may sua sponte request the convening
of a three-judge court to determine whether a prisoner release
order should be entered.
``(E) The court shall enter a prisoner release order only
if the court finds--
``(i) by clear and convincing evidence--
``(I) that crowding is the primary cause of
the violation of a Federal right; and
``(II) that no other relief will remedy the
violation of the Federal right; and
``(ii) by a preponderance of the evidence--
``(I) that crowding has deprived a
particular plaintiff or plaintiffs of at least
one essential, identifiable human need; and
``(II) that prison officials have acted
with obduracy and wantonness in depriving a
particular plaintiff or plaintiffs of at least
one essential, identifiable human need.
``(F) Any State or local official or unit of government
whose jurisdiction or function includes the prosecution or
custody of persons who may be released from, or not admitted
to, a prison as a result of a prisoner release order shall have
standing to oppose the imposition or continuation in effect of
such relief, and shall have the right to intervene in any
proceeding relating to such relief.
``(b) Termination of Relief.--
``(1) Termination of prospective relief.--(A) In any civil
action with respect to prison conditions in which prospective
relief is ordered, such relief shall be terminable upon the
motion of any party--
``(i) 2 years after the date the court granted or
approved the prospective relief;
``(ii) 1 year after the date the court has entered
an order denying termination of prospective relief
under this paragraph; or
``(iii) in the case of an order issued on or before
the date of enactment of the Prison Litigation Reform
Act, 2 years after such date of enactment.
``(B) Nothing in this section shall prevent the parties
from agreeing to terminate or modify relief before the relief
is terminated under subparagraph (A).
``(2) Immediate termination of prospective relief.--In any
civil action with respect to prison conditions, a defendant or
intervener shall be entitled to the immediate termination of
any prospective relief if the relief was approved or granted in the
absence of a finding by the court that the relief is narrowly drawn,
extends no further than necessary to correct the violation of the
Federal right, and is the least intrusive means necessary to correct
the violation.
``(3) Limitation.--Prospective relief shall not terminate
if the court makes written findings based on the record that
prospective relief remains necessary to correct the violation
of the Federal right, extends no further than necessary to
correct the violation of the Federal right, and that the
prospective relief is the least intrusive means to correct the
violation.
``(4) Termination or modification.--Nothing in this section
shall prevent any party from seeking modification or
termination before the relief is terminable under paragraph (1)
or (2), to the extent that modification or termination would
otherwise be legally permissible.
``(c) Settlements.--
``(1) Consent decrees.--In any civil action with respect to
prison conditions, the court shall not enter or approve a
consent decree unless it complies with the limitations on
relief set forth in subsection (a).
``(2) Private settlement agreements.--(A) Nothing in this
section shall preclude parties from entering into a private
settlement agreement that does not comply with the limitations
on relief set forth in subsection (a), if the terms of that
agreement are not subject to court enforcement other than the
reinstatement of the civil proceeding that the agreement
settled.
``(B) Nothing in this section shall preclude any party
claiming that a private settlement agreement has been breached
from seeking in State court any remedy for breach of contract
available under State law.
``(d) State Law Remedies.--The limitations on remedies in this
section shall not apply to relief entered by a State court based solely
upon claims arising under State law.
``(e) Procedure for Motions Affecting Prospective Relief.--
``(1) Generally.--The court shall promptly rule on any
motion to modify or terminate prospective relief in a civil
action with respect to prison conditions.
``(2) Automatic stay.--Any prospective relief subject to a
pending motion shall be automatically stayed during the
period--
``(A)(i) beginning on the 30th day after such
motion is filed, in the case of a motion made under
paragraph (1) or (2) of subsection (b); or
``(ii) beginning on the 180th day after such motion
is filed, in the case of a motion made under subsection
(b)(3); and
``(B) ending on the date the court enters a final
order ruling on the motion.
``(f) Definitions.--As used in this section--
``(1) the term `consent decree' means any relief entered by
the court that is based in whole or in part upon the consent or
acquiescence of the parties;
``(2) the term `civil action with respect to prison
conditions' means any civil proceeding arising under Federal
law with respect to the conditions of confinement or the
effects of actions by government officials on the lives of
persons confined in prison, but does not include habeas corpus
proceedings challenging the fact or duration of confinement in
prison;
``(3) the term `prisoner' means any person incarcerated or
detained in any facility who is accused of, convicted of,
sentenced for, or adjudicated delinquent for, violations of
criminal law or the terms and conditions of parole, probation,
pretrial release, or diversionary program;
``(4) the term `prisoner release order' includes any order,
including a temporary restraining order or preliminary
injunctive relief, that has the purpose or effect of reducing
or limiting the prison population, or that directs the release
from or nonadmission of prisoners to a prison;
``(5) the term `prison' means any Federal, State, or local
facility that incarcerates or detains juveniles or adults
accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law;
``(6) the term `prospective relief' means all relief other
than monetary damages; and
``(7) the term `relief' means all relief in any form that
may be granted or approved by the court, and includes consent
decrees and settlement agreements (except a settlement
agreement the breach of which is not subject to any court
enforcement other than reinstatement of the civil proceeding
that such agreement settled).''.
(b) Application of Amendment.--
(1) In general.--Section 3626 of title 18, United States
Code, as amended by this section, shall apply with respect to
all relief (as defined in such section) whether such relief was
originally granted or approved before, on, or after the date of
the enactment of this Act.
(2) Technical amendment.--Subsections (b) and (d) of
section 20409 of the Violent Crime Control and Law Enforcement
Act of 1994 are repealed.
(c) Clerical Amendment.--The table of sections at the beginning of
subchapter C of chapter 229 of title 18, United States Code, is amended
to read as follows:
``3626. Appropriate remedies with respect to prison conditions.''.
SEC. 3. AMENDMENTS TO CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT.
Section 7 of the Civil Rights of Institutionalized Persons Act (42
U.S.C. 1997e) is amended by adding at the end the following new
subsections:
``(f) Attorney's Fees.--(1) In any action brought by a prisoner who
is confined to any jail, prison, or other correctional facility, in
which attorney's fees are authorized under section 2 of the Revised
Statutes of the United States (42 U.S.C. 1988), such fees shall be
awarded only if--
``(A) the fee was directly and reasonably incurred in
proving an actual violation of the plaintiff's rights protected
by a statute pursuant to which a fee may be awarded under
section 2 of the Revised Statutes; and
``(B) the amount of the fee is proportionately related to
the court ordered relief for the violation.
``(2) Whenever a monetary judgment is awarded in an action
described in paragraph (1), a portion of the judgment (not to exceed 25
percent) shall be applied to satisfy the amount of attorney's fees
awarded against the defendant. If the award of attorney's fees is
greater than 25 percent of the judgment, the excess shall be paid by
the defendant.
``(3) No award of attorney's fees in an action described in
paragraph (1) shall be based on an hourly rate greater than the hourly
rate established under section 3006A of title 18, United States Code,
for payment of court-appointed counsel.
``(4) Nothing in this subsection shall prohibit a prisoner from
entering into an agreement to pay an attorney's fee in an amount
greater than the amount authorized under this subsection, if the fee is
paid by the individual rather than by the defendant pursuant to section
2 of the Revised Statutes of the United States (42 U.S.C. 1988).
``(g) Telephone Hearings.--To the extent practicable, in any action
brought in Federal court pursuant to section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983) by a prisoner crime
confined in any jail, prison, or other correctional facility, pretrial
proceedings in which the prisoner's participation is required or
permitted shall be conducted by telephone without removing the prisoner
from the facility in which the prisoner is confined. Any State may
adopt a similar requirement regarding hearings in such actions in that
State's courts.
``(h) Definition.--As used in this section, the term `prisoner'
means any person incarcerated or detained in any facility who is
accused of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program.''.
SEC. 4. SUCCESSIVE CLAIMS IN PROCEEDINGS IN FORMA PAUPERIS.
Section 1915 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(f)(1) In no event shall a prisoner in any prison bring a civil
action or appeal a judgment in a civil action or proceeding under this
section if the prisoner has, on 3 or more prior occasions, brought an
action or appeal in a court of the United States that was dismissed on
the grounds that it is frivolous, malicious, or fails to state a claim
upon which relief may be granted, unless the prisoner is under imminent
danger of serious bodily harm.
``(2) As used in this subsection, the term `prisoner' means any
person incarcerated or detained in any facility who is accused of,
convicted of, sentenced for, or adjudicated delinquent for, violations
of criminal law or the terms and conditions of parole, probation,
pretrial release, or diversionary program.''. | Prison Conditions Litigation Reform Act - Revises Federal criminal code provisions regarding remedies for prison crowding to substitute provisions regarding remedies for prison conditions.
Prohibits: (1) prospective relief in any civil action regarding prison conditions from extending further than necessary to correct the violation of the Federal right of particular plaintiffs; and (2) the court from granting or approving any such relief unless that relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief.
Authorizes the court to enter a temporary restraining order or an order for preliminary injunctive relief, which shall expire automatically 90 days after its entry, with exceptions.
Prohibits a prisoner release order from being entered unless: (1) a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right, and the defendant has had a reasonable amount of time to comply with the previous court orders; and (2) it is entered by a three-judge court, which finds by clear and convincing evidence that crowding is the primary cause of the violation and no other relief will remedy it and finds by a preponderance of the evidence that crowding has deprived an identifiable plaintiff of at least one essential human need.
Sets forth provisions regarding: (1) termination or modification of relief; (2) settlements; (3) State law remedies; and (4) procedure for motions affecting prospective relief.
(Sec. 3) Amends the Civil Rights of Institutionalized Persons Act to authorize the award of attorney's fees in an action brought by a prisoner only if: (1) the fee was directly and reasonably incurred in proving an actual violation of the plaintiff's rights protected by a statute pursuant to which a fee may be awarded under the Revised Statutes; and (2) the amount of the fee is proportionately related to the court ordered relief for the violation.
Requires, in an action brought in Federal court by a prisoner, that pretrial proceedings in which the prisoner's participation is required or permitted be conducted by telephone without removing the prisoner from the facility in which the prisoner is confined. Allows any State to adopt a similar requirement regarding hearings in such actions in that State's courts.
(Sec. 4) Amends the Federal judicial code to prohibit a prisoner from bringing a civil action or appealing a judgment in a civil action or proceeding in forma pauperis if the prisoner has, on three or more prior occasions, brought an action or appeal in a U.S. court that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief could have been granted, unless the prisoner is under imminent danger of serious bodily harm. | {"src": "billsum_train", "title": "Prison Conditions Litigation Reform Act"} | 3,173 | 671 | 0.69946 | 2.391282 | 0.802586 | 5.234375 | 4.970486 | 0.942708 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ombudsman Reauthorization Act of
2005''.
SEC. 2. OFFICE OF OMBUDSMAN.
The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by
striking section 2008 (42 U.S.C. 6917) and inserting the following:
``SEC. 2008. OFFICE OF OMBUDSMAN.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Agency.--The term `Agency' means the Environmental
Protection Agency.
``(3) Deputy ombudsman.--The term `Deputy Ombudsman' means
any individual appointed by the Ombudsman under subsection
(e)(1)(A)(i).
``(4) Office.--The term `Office' means the Office of the
Ombudsman established by subsection (b)(1).
``(5) Ombudsman.--The term `Ombudsman' means the director
of the Office.
``(b) Establishment.--
``(1) In general.--There is established within the Agency
an office to be known as the `Office of the Ombudsman'.
``(2) Oversight.--
``(A) In general.--The Office shall be an
independent office within the Agency.
``(B) Structure.--To the maximum extent
practicable, the structure of the Office shall conform
to relevant professional guidelines, standards, and
practices.
``(3) Head of office.--
``(A) Ombudsman.--The Office shall be directed by
an Ombudsman, who shall be appointed by and report
directly to the Administrator.
``(B) Applicability of certain civil service
laws.--The Ombudsman shall be appointed subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be
paid at the rate of basic pay for GS-15 of the General
Schedule.
``(C) Qualifications for and restrictions on
employment.--A person appointed as Ombudsman--
``(i) shall be a person of recognized
judgment, objectivity, and integrity who is
well-equipped to analyze problems of law,
administration, and public policy;
``(ii) shall not have been an employee of
the Agency at any time during the 1-year period
before the date of appointment;
``(iii) shall not have received any grant,
loan, or contract (other than an employment
contract permissible under clause (ii)) from
the Agency during the 5-year period before the
date of appointment; and
``(iv) while serving as Ombudsman, shall
not--
``(I) be actively involved in
political party activities or publicly
endorse, solicit funds for, or make
contributions to political parties or
candidates for elective office;
``(II) be a candidate for or hold
any other elective or appointive public
office; or
``(III) engage in any other
occupation, business, or profession
likely to detract from the full-time
performance of his or her duties as
Ombudsman or to result in a conflict of
interest or an appearance of
impropriety or partiality.
``(D) Term.--The Ombudsman--
``(i) shall serve for a term of 5 years;
and
``(ii) may be reappointed for not more than
1 additional term.
``(E) Removal.--
``(i) In general.--The Administrator may
remove or suspend the Ombudsman from office
only for neglect of duty or malfeasance in
office.
``(ii) Communication to congress.--If the
Administrator removes or suspends the
Ombudsman, the Administrator shall communicate
the reasons for the removal or suspension to
Congress.
``(c) Duties.--The Ombudsman shall--
``(1) receive, and render assistance concerning, any
complaint, grievance, or request for information submitted by
any person relating to any program or requirement of the
Agency; and
``(2) conduct investigations, make findings of fact, and
make nonbinding recommendations to the Administrator concerning
the program or requirement of the Agency.
``(d) Powers and Responsibilities.--In carrying out this section,
the Ombudsman--
``(1) may investigate any action of the Agency without
regard to the finality of the action;
``(2) may select appropriate matters for action by the
Office;
``(3) may--
``(A) prescribe the methods by which complaints
shall be made to, and received and addressed by, the
Office;
``(B) determine the scope and manner of
investigations made by the Office; and
``(C) determine the form, frequency, and
distribution of conclusions and recommendations of the
Office;
``(4) may request the Administrator to provide the
Ombudsman notification, within a specified period of time, of
any action taken on a recommendation of the Ombudsman;
``(5) may request, and shall be granted by any Federal
agency or department, assistance and information that the
Ombudsman determines to be necessary to carry out this section;
``(6) may examine any record of, and enter and inspect any
property under the administrative jurisdiction of--
``(A) the Agency; or
``(B) any other Federal agency or department
involved in a matter under the administrative
jurisdiction of the Agency;
``(7) may--
``(A) issue a subpoena to compel any person to
appear to give sworn testimony concerning, or to
produce documentary or other evidence determined by the
Ombudsman to be reasonable in scope and relevant to, an
investigation by the Office; and
``(B) seek enforcement of a subpoena issued under
subparagraph (A) in a court of competent jurisdiction;
``(8) may carry out and participate in, and cooperate with
any person or agency involved in, any conference, inquiry on
the record, public hearing on the record, meeting, or study
that, as determined by the Ombudsman--
``(A) is material to an investigation conducted by
the Ombudsman; or
``(B) may lead to an improvement in the performance
of the functions of the Agency;
``(9) may administer oaths and hold hearings in connection
with any matter under investigation by the Office;
``(10) may engage in alternative dispute resolution,
mediation, or any other informal process that the Ombudsman
determines to be appropriate to carry out this section;
``(11) may communicate with any person, including Members
of Congress, the press, and any person that submits a
complaint, grievance, or request for information under
subsection (c)(1); and
``(12) shall administer a budget for the Office.
``(e) Administration.--
``(1) In general.--The Ombudsman shall--
``(A)(i) appoint a Deputy Ombudsman for each region
of the Agency; and
``(ii) hire such other assistants and employees as
the Ombudsman determines to be necessary to carry out
this section; and
``(B) supervise, evaluate, and carry out personnel
actions (including hiring and dismissal) with respect
to any employee of the Office.
``(2) Delegation of authority.--The Ombudsman may delegate
to other employees of the Office any responsibility of the
Ombudsman under this section except--
``(A) the power to delegate responsibility;
``(B) the power to issue subpoenas; and
``(C) the responsibility to make recommendations to
the Administrator.
``(3) Contact information.--The Ombudsman shall maintain,
in each region of the Agency, a telephone number, facsimile
number, electronic mail address, and post office address for
the Ombudsman that are different from the numbers and addresses
of the regional office of the Agency located in that region.
``(4) Reports.--The Ombudsman--
``(A) shall, at least annually, publish in the
Federal Register and submit to the Administrator, the
President, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on
Environment and Public Works of the Senate a report on
the status of health and environmental concerns
addressed in complaints and cases brought before the
Ombudsman in the period of time covered by the report;
``(B) may issue reports, conclusions, or
recommendations concerning any other matter under
investigation by the Office;
``(C) shall solicit comments from the Agency
concerning any matter under investigation by the
Office; and
``(D) shall include any comments received by the
Office in written reports, conclusions, and
recommendations issued by the Office under this
section.
``(f) Penalties.--An investigation conducted by the Ombudsman under
this section constitutes--
``(1) a matter under section 1001 of title 18, United
States Code; and
``(2) a proceeding under section 1505 of title 18, United
States Code.
``(g) Employee Protection.--
``(1) In general.--No employer may discharge any employee,
or otherwise discriminate against any employee with respect to
compensation, terms, conditions, or privileges of employment of
the employee, because the employee (or any person acting at the
request of the employee) complied with any provision of this
section.
``(2) Complaint.--Any employee that, in the opinion of the
employee, is discharged or otherwise discriminated against by
any person in violation of paragraph (1) may, not later than
180 days after the date on which the violation occurs, file a
complaint in accordance with section 211 of the Energy
Reorganization Act of 1974.
``(h) Applicability.--
``(1) In general.--This section--
``(A) does not limit any remedy or right of appeal;
and
``(B) may be carried out notwithstanding any
provision of law to the contrary that provides that an
agency action is final, not reviewable, or not subject
to appeal.
``(2) Effect on procedures for grievances, appeals, or
administrative matters.--The establishment of the Office does
not affect any procedure concerning grievances, appeals, or
administrative matters under this Act or any other law
(including regulations).
``(i) Separate Line Item.--In submitting the annual budget for the
Federal Government to Congress, the President shall include a separate
line item for the funding for the Office.''. | Ombudsman Reauthorization Act of 2005 - Amends the Solid Waste Disposal Act to reestablish the Office of the Ombudsman within the Environmental Protection Agency (EPA).
Specifies the Ombudsman's duties and authorities. Requires the Ombudsman to appoint a Deputy Ombudsman for each EPA region.
Provides employee protections for persons complying with this Act. | {"src": "billsum_train", "title": "To provide additional authority to the Office of Ombudsman of the Environmental Protection Agency."} | 2,372 | 100 | 0.605384 | 1.404395 | 0.973599 | 2.327869 | 35.606557 | 0.819672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoption Incentives Act of 1995''.
SEC. 2. EXCLUSION OF ADOPTION ASSISTANCE.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 137
as section 138 and by inserting after section 136 the following new
section:
``SEC. 137. ADOPTION ASSISTANCE.
``(a) In General.--Gross income of an employee does not include
employee adoption assistance benefits, or military adoption assistance
benefits, received by the employee with respect to the employee's
adoption of a child.
``(b) Definitions.--For purposes of this section--
``(1) Employee adoption assistance benefits.--The term
`employee adoption assistance benefits' means payment by an
employer of qualified adoption expenses with respect to an
employee's adoption of a child, or reimbursement by the
employer of such qualified adoption expenses paid or incurred
by the employee in the taxable year.
``(2) Employer and employee.--The terms `employer' and
`employee' have the respective meanings given such terms by
section 127(c).
``(3) Military adoption assistance benefits.--The term
`military adoption assistance benefits' means benefits provided
under section 1052 of title 10, United States Code, or section
514 of title 14, United States Code.
``(4) Qualified adoption expenses.--
``(A) In general.--The term `qualified adoption
expenses' means reasonable and necessary adoption fees,
court costs, attorney fees, and other expenses--
``(i) which are directly related to, and
the principal purpose of which is for, the
legal adoption of an eligible child by the
taxpayer, and
``(ii) which are not incurred in violation
of State or Federal law or in carrying out any
surrogate parenting arrangement.
``(B) Eligible child.--The term `eligible child'
means any individual--
``(i) who has not attained age 18 as of the
time of the adoption, or
``(ii) who is physically or mentally
incapable of caring for himself.
``(c) Coordination With Other Provisions.--The Secretary shall
issue regulations to coordinate the application of this section with
the application of any other provision of this title which allows a
credit or deduction with respect to qualified adoption expenses.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 137 and inserting the following new items:
``Sec. 137. Adoption assistance.
``Sec. 138. Cross references to other
Acts.''
(c) Effective Date.--The amendments made this section shall apply
to taxable years beginning after December 31, 1995.
SEC. 3. WITHDRAWAL FROM IRA FOR ADOPTION EXPENSES.
(a) In General.--Subsection (d) of section 408 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(8) Qualified adoption expenses.--
``(A) In general.--Any amount which is paid or
distributed out of an individual retirement plan of the
taxpayer, and which would (but for this paragraph) be
includible in gross income, shall be excluded from
gross income to the extent that--
``(i) such amount exceeds the sum of--
``(I) the amount excludable under
section 137, and
``(II) any amount allowable as a
credit under this title with respect to
qualified adoption expenses; and
``(ii) such amount does not exceed the
qualified adoption expenses paid or incurred by
the taxpayer during the taxable year.
``(B) Qualified adoption expenses.--For purposes of
this paragraph, the term `qualified adoption expenses'
has the meaning given such term by section 137, except
that such term shall not include any expense in
connection with the adoption by an individual of a
child who is the child of such individual's spouse.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1995. | Adoption Incentives Act of 1995 - Amends the Internal Revenue Code to exclude from gross income: (1) employee and military adoption assistance benefits; and (2) a withdrawal from an individual retirement account for qualified adoption expenses to the extent that such amount exceeds the sum of such benefits plus any credit allowable with respect to such expenses, as long as such amount does not exceed such expenses. | {"src": "billsum_train", "title": "Adoption Incentives Act of 1995"} | 978 | 81 | 0.584307 | 1.476386 | 0.802537 | 2.513158 | 11.25 | 0.907895 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Peck Tribes- Montana Compact
Act of 1994''.
SEC. 2. RATIFICATION OF COMPACT.
The Fort Peck Indian Tribes-Montana Compact is approved, ratified
and confirmed.
SEC. 3. AGREEMENTS RELATED TO USE OF WATER RIGHTS.
(a) Tribal Authority To Enter Into Agreements.--Subject to the
approval of the Secretary and to all terms of the Fort Peck Indian
Tribes-Montana Compact, the Tribes may enter into a joint venture,
service contract, lease, exchange or other agreement (hereafter
referred to in this Act as a ``Water Agreement''), or a modification of
such agreement, that authorizes--
(1) the delivery, use or transfer of any part of the water
rights confirmed in the Tribes by the Fort Peck Indian Tribes-
Montana Compact, for a specified term, not to exceed 50 years,
inclusive of all renewal periods; or
(2) the diversion or use of any portion of a tribal water
right within or outside the Reservation.
(b) Approval by Secretary.--The Secretary shall approve or
disapprove a Water Agreement, or a modification of such agreement,
within--
(1) 180 days after submission of the agreement or
modification to the Secretary; or
(2) 60 days after compliance, if required, with section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) and with any other applicable provision of
Federal law;
whichever is later.
(c) Enforcement.--A party to a Water Agreement or modification may
enforce the provisions of subsection (b) in accordance with the
provisions of section 1361 of title 28, United States Code.
(d) Confidentiality.--Notwithstanding any other provision of law,
the Department of the Interior shall treat--
(1) any projection, study, data or other information under
the control of the Department of the Interior relating to the
terms and conditions of a Water Agreement or modification of
such an agreement; or
(2) any information relating to a financial benefit
accruing to the Tribes as a result of a Water Agreement or
modification of such an agreement;
as the privileged, proprietary information of the Tribes.
(e) Limitation.--Notwithstanding any other provision of this Act or
the Fort Peck Indian Tribes-Montana Compact, the Tribes may not enter
into any Water Agreement which authorizes the use of the tribal water
right outside the Basin.
(f) Economic Development.--(1) There is established in the Treasury
of the United States the ``Assiniboine and Sioux Tribes Economic
Recovery Fund''.
(2) Commencing with fiscal year 1996, and for each fiscal year
thereafter, the Secretary of the Treasury shall deposit in the fund an
amount equal to 10 percent of the receipts from deposits to the United
States Treasury for the preceding fiscal year from the integrated
programs of the Eastern Division of the Pick-Sloan Missouri River Basin
Project administered by the Western Area Power Administration, but in
no event shall the aggregate of the amounts deposited to the fund
established by this subsection exceed $50,000,000.
(3) The Secretary of the Treasury shall deposit the interest which
accrues on deposits to the fund in a separate account in the Treasury
of the United States. Such interest shall be available, without fiscal
year limitation, for use by the Secretary of the Interior, commencing
with fiscal year 1999, and each fiscal year thereafter, in making
payments to the Tribes for use for (A) tribal economic development,
including development of long-term profitmaking opportunities for the
Tribes and employment opportunities for tribal members, and (B) for
acquisition of lands including trust lands within the Reservation from
willing sellers and the improvement of such acquired lands, subject to
the approval of the Secretary. No part of the principal of the fund
shall be available for making such payments.
(4) Amounts deposited in the fund shall be nonreimbursable and
nonreturnable.
(5) No payments pursuant to this Act shall result in the reduction,
or the denial, of any Federal services or programs that the Tribes or
any of their members, are otherwise entitled to, or eligible for,
because of their status as a federally recognized Indian tribe or
member pursuant to Federal law. No payments pursuant to this Act shall
be subject to Federal or State income tax, or affect Pick-Sloan
Missouri River Basin power rates in any way.
(6) No part of any moneys in any fund under this Act shall be
distributed to any member of the Tribes on a per capita basis.
(g) Waiver of Claims Against the United States.--In consideration
of performance by the United States of all actions required by this
Act, including the congressional authorization, appropriation, and
payment of all funds for the Fund, the Tribes shall be deemed to have
executed in return a waiver and release of any and all existing claims
against the United States arising in whole or in part from or
concerning water rights finally settled by the Fort Peck Indian Tribes-
Montana Compact.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) The term ``Fort Peck Indian Tribes-Montana Compact''
means the compact relating to the reserved water rights of the
Assiniboine and Sioux Tribes of the Fort Peck Reservation that
was ratified by the Tribes on April 29, 1985, and by the
legislature of the State of Montana on May 15, 1985.
(2) The term ``Reservation'' means the Fort Peck Indian
Reservation, as defined in the agreement of December 28, 1886,
and December 31, 1886, and as confirmed by the Act approved May
1, 1888 (25 Stat. 113).
(3) The term ``Secretary'' means the Secretary of the
Interior.
(4) The term ``Tribes'' means the Assiniboine and Sioux
Tribes of the Fort Peck Indian Reservation.
(5) The term ``tribal water right'' means the tribal water
right defined in, and subject to, the Fort Peck-Montana
Compact.
(6) The term ``Fund'' means the Assiniboine and Sioux
Tribes Economic Recovery Fund established by section 3(f)(1). | Fort Peck Tribes-Montana Compact Act of 1994 - Ratifies the Fort Peck Indian Tribes-Montana Compact.
Authorizes the Tribes (the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation) to enter into a Water Agreement.
Establishes in the Treasury the Assiniboine and Sioux Tribes Economic Recovery Fund. | {"src": "billsum_train", "title": "Fort Peck Tribes-Montana Compact Act of 1994"} | 1,421 | 99 | 0.50162 | 1.280592 | 0.328969 | 3.965517 | 21.827586 | 0.965517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Bank Sensible Regulation
Act of 2015''.
SEC. 2. EXEMPTIVE AUTHORITY FOR THE FEDERAL DEPOSIT INSURANCE
CORPORATION.
Section 10 of the Federal Deposit Insurance Act (12 U.S.C. 1820) is
amended by adding at the end the following:
``(l) Exemptive Authority.--
``(1) In general.--Notwithstanding any other provision of
law, the Corporation, after considering the factors in
paragraph (3), may exempt by rule any depository institution
having less than $10,000,000,000 in total assets from--
``(A) any provision of this Act;
``(B) any rule promulgated under this Act; or
``(C) any rule promulgated under any other Act
conferring authority to the Corporation.
``(2) Conditions.--The Corporation may impose conditions on
an exemption granted under paragraph (1).
``(3) Factors to consider.--In issuing an exemption under
paragraph (1), the Corporation shall consider, as appropriate,
the extent to which--
``(A) the provision or rule would impose an
unnecessary or undue burden or cost on the depository
institution;
``(B) the provision or rule is unnecessary or
unwarranted in order to promote the safety and
soundness of the depository institution; and
``(C) the exemption is necessary, appropriate, or
consistent with the public interest.
``(4) Indexation of asset threshold.--The asset threshold
identified in paragraph (1) shall be increased annually at a
percentage equal to the percentage change in the total
aggregate assets of insured depository institutions for each
12-month period ending in December of each year, rounded to the
nearest $10,000,000.''.
SEC. 3. EXEMPTIVE AUTHORITY FOR THE OFFICE OF THE COMPTROLLER OF THE
CURRENCY.
(a) Exemptive Authority for National Banks.--Section 5239A of the
Revised Statutes is amended--
(1) by striking ``Except'' and inserting the following:
``(a) In General.--Except''; and
(2) by adding at the end the following:
``(b) Exemptive Authority.--
``(1) Definition.--In this subsection, the term `insured
depository institution' has the meaning given the term in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
``(2) Exemption.--Notwithstanding any other provision of
law, the Comptroller of the Currency, after considering the
factors in paragraph (4), may exempt by rule any national bank
having less than $10,000,000,000 in total assets from--
``(A) any provision of this title;
``(B) any rule promulgated under this title; or
``(C) any rule promulgated under any other title or
Act that confers authority to the Comptroller.
``(3) Conditions.--The Comptroller may impose conditions on
an exemption granted under paragraph (2).
``(4) Factors to consider.--In issuing an exemption under
paragraph (2), the Comptroller shall consider, as appropriate,
the extent to which--
``(A) the provision or rule would impose an
unnecessary or undue burden or cost on the national
bank;
``(B) the provision or rule is unnecessary or
unwarranted to promote the safety and soundness of the
national bank; and
``(C) the exemption is necessary, appropriate, or
consistent with the public interest.
``(5) Indexation of asset threshold.--The asset threshold
identified in paragraph (1) shall be increased annually at a
percentage equal to the percentage change in the total
aggregate assets of insured depository institutions for each
12-month period ending in December of each year, rounded to the
nearest $10,000,000.''.
(b) Exemptive Authority for Savings Associations.--Section 4(a) of
the Home Owners' Loan Act (12 U.S.C. 1463(a)) is amended by adding at
the end the following:
``(4) Exemptive authority.--
``(A) Definition.--In this paragraph, the term
`insured depository institution' has the meaning given
the term in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813).
``(B) Exemption.--Notwithstanding any other
provision of law, the Comptroller of the Currency,
after considering the factors in subparagraph (D), may
exempt by rule any savings association having less than
$10,000,000,000 in total assets from--
``(i) any provision of this title;
``(ii) any rule promulgated under this
title; or
``(iii) any rule promulgated under any
other title or Act conferring authority on the
Comptroller.
``(C) Conditions.--The Comptroller may impose
conditions on an exemption granted under subparagraph
(B).
``(D) Factors to consider.--In issuing an exemption
under subparagraph (B), the Comptroller shall consider,
as appropriate, the extent to which--
``(i) the provision or rule would impose an
unnecessary or undue burden or cost on the
savings association;
``(ii) the provision or rule is unnecessary
or unwarranted to promote the safety and
soundness of the savings association; and
``(iii) the exemption is necessary,
appropriate, or consistent with the public
interest.
``(E) Indexation of asset threshold.--The asset
threshold identified in subparagraph (B) shall be
increased annually at a percentage equal to the
percentage change in the total aggregate assets of
insured depository institutions for each 12-month
period ending in December of each year, rounded to the
nearest $10,000,000.''.
SEC. 4. EXEMPTIVE AUTHORITY FOR THE BOARD OF GOVERNORS OF THE FEDERAL
RESERVE SYSTEM.
(a) Exemptive Authority for State Member Banks.--Section 11 of the
Federal Reserve Act (12 U.S.C. 248) is amended by adding at the end the
following:
``(t) Exemptive Authority.--
``(1) Definition.--In this section, the term `insured
depository institution' has the meaning given the term in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
``(2) Exemption.--Notwithstanding any other provision of
law, the Board, after considering the factors in paragraph (4),
may exempt by rule any State member bank having less than
$10,000,000,000 in total assets from--
``(A) any provision of this Act;
``(B) any rule promulgated under this Act; or
``(C) any rule promulgated under any other Act
conferring authority on the Board.
``(3) Conditions.--The Board may impose conditions on an
exemption granted under paragraph (2).
``(4) Factors to consider.--In issuing an exemption under
paragraph (2), the Board shall consider, as appropriate, the
extent to which--
``(A) the provision or rule would impose an
unnecessary or undue burden or cost on the State member
bank;
``(B) the provision or rule is unnecessary or
unwarranted to promote the safety and soundness of the
State member bank; and
``(C) the exemption is necessary, appropriate, or
consistent with the public interest.''.
``(5) Indexation of asset threshold.--The asset threshold
identified in paragraph (2) shall be increased annually at a
percentage equal to the percentage change in the total
aggregate assets of insured depository institutions for each
12-month period ending in December of each year, rounded to the
nearest $10,000,000.''.
(b) Exemptive Authority for Bank Holding Companies.--The Bank
Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is amended by
adding at the end the following:
``SEC. 15. EXEMPTIVE AUTHORITY.
``(a) Definition.--In this section, the term `insured depository
institution' has the meaning given the term in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813).
``(b) Exemption.--Notwithstanding any other provision of law, the
Board, after considering the factors in subsection (d), may exempt by
rule any bank holding company having less than $10,000,000,000 in total
assets from--
``(1) any provision of this Act;
``(2) any rule promulgated under this Act; or
``(3) any rule promulgated under any other Act conferring
authority on the Board.
``(c) Conditions.--The Board may impose conditions on an exemption
granted under subsection (b).
``(d) Factors To Consider.--In issuing an exemption under
subsection (b), the Board shall consider, as appropriate, the extent to
which--
``(1) the provision or rule would impose an unnecessary or
undue burden or cost on the bank holding company;
``(2) the provision or rule is unnecessary or unwarranted
to promote the safety and soundness of the bank holding
company; and
``(3) the exemption is necessary, appropriate, or
consistent with the public interest.
``(e) Indexation of Asset Threshold.--The asset threshold
identified in subsection (b) shall be increased annually at a
percentage equal to the percentage change in the total aggregate assets
of insured depository institutions for each 12-month period ending in
December of each year, rounded to the nearest $10,000,000.''.
(c) Exemptive Authority for Savings and Loan Holding Companies and
Mutual Holding Companies.--Section 10 of the Home Owners' Loan Act (12
U.S.C. 1467a) is amended by adding at the end the following:
``(u) Exemptive Authority.--
``(1) Definitions.--In this subsection--
``(A) the term `insured depository institution' has
the meaning given the term in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813); and
``(B) the term `mutual holding company' has the
meaning given the term in subsection (o)(10)(A).
``(2) Exemption.--Notwithstanding any other provision of
law, the Board, after considering the factors in paragraph (4),
may exempt by rule any savings and loan holding company or any
mutual holding company having less than $10,000,000,000 in
total assets from--
``(A) any provision of this Act;
``(B) any rule promulgated under this Act; or
``(C) any rule promulgated under any other Act
conferring authority on the Board.
``(3) Conditions.--The Board may impose conditions on an
exemption granted under paragraph (2).
``(4) Factors to consider.--In issuing an exemption under
paragraph (2), the Board shall consider the extent to which--
``(A) the provision or rule would impose an
unnecessary or undue burden or cost on the savings and
loan holding company or the mutual holding company;
``(B) the provision or rule is unnecessary or
unwarranted to promote the safety and soundness of the
savings and loan holding company or the mutual holding
company; and
``(C) the exemption is necessary, appropriate, or
consistent with the public interest.
``(5) Limitation.--The authority granted under paragraph
(2) shall not apply with respect to a savings and loan holding
company described in subsection (c)(9)(C).
``(6) Indexation of asset threshold.--The asset threshold
identified in paragraph (2) shall be increased annually at a
percentage equal to the percentage change in the total
aggregate assets of insured depository institutions for each
12-month period ending in December of each year, rounded to the
nearest $10,000,000.''. | Community Bank Sensible Regulation Act of 2015 This bill amends the following Acts governing insured depository institutions to authorize the respective regulatory agencies to exempt from their regulatory purview depository institutions having less than $10 billion in total assets after the agencies have considered specified factors: the Federal Deposit Insurance Act (insured depository institutions), the Revised Statutes (national banks), the Home Owners' Loan Act (savings associations, savings and loan holding companies, and mutual holding company), the Federal Reserve Act (state member banks), and the Bank Holding Company Act of 1956 (bank holding companies). When issuing an exemption from a provision or rule the regulatory agencies must consider the extent to which: the provision or rule would impose an unnecessary or undue burden or cost on the depository institution; the provision or rule is unnecessary or unwarranted to promote the safety and soundness of the depository institution; and the exemption is necessary, appropriate, or consistent with the public interest. The asset threshold of such depository institutions shall increase annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10 million. | {"src": "billsum_train", "title": "Community Bank Sensible Regulation Act of 2015"} | 2,651 | 258 | 0.654887 | 1.821615 | 0.746044 | 4.459916 | 10.07173 | 0.85654 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the New Bedford National Historic Landmark District and
associated historic sites as described in section 3(b) of this
Act, including the Schooner Ernestina, are National Historic
Landmarks and are listed on the National Register of Historic
Places as historic sites associated with the history of whaling
in the United States;
(2) the city of New Bedford was the 19th century capital of
the world's whaling industry and retains significant
architectural features, archival materials, and museum
collections illustrative of this period;
(3) New Bedford's historic resources provide unique
opportunities for illustrating and interpreting the whaling
industry's contribution to the economic, social, and
environmental history of the United States and provide
opportunities for public use and enjoyment; and
(4) the National Park System presently contains no sites
commemorating whaling and its contribution to American history.
(b) Purposes.--The purposes of this Act are--
(1) to help preserve, protect, and interpret the resources
within the areas described in section 3(b) of this Act,
including architecture, setting, and associated archival and
museum collections;
(2) to collaborate with the city of New Bedford and with
local historical, cultural, and preservation organizations to
further the purposes of the park established under this Act;
and
(3) to provide opportunities for the inspirational benefit
and education of the American people.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) The term ``park'' means the New Bedford Whaling
National Historical Park established by section 3.
(2) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.
(a) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national historical
park certain districts, structures, and relics located in New Bedford,
Massachusetts, and associated with the history of whaling and related
social and economic themes in America, there is established the New
Bedford Whaling National Historical Park.
(b) Boundaries.--(1) The boundaries of the park shall be those
generally depicted on the map numbered NAR-P49-80000-4 and dated June
1994. Such map shall be on file and available for public inspection in
the appropriate offices of the National Park Service. In case of any
conflict between the descriptions set forth in subparagraphs (A)
through (D) and such map, such map shall govern. The park shall include
the following:
(A) The area included within the New Bedford National
Historic Landmark District, known as the Bedford Landing
Waterfront Historic District, as listed within the National
Register of Historic Places and in the Massachusetts State
Register of Historic Places.
(B) The National Historic Landmark Schooner Ernestina, with
its home port in New Bedford.
(C) The land along the eastern boundary of the New Bedford
National Historic Landmark District over to the east side of
MacArthur Drive from the Route 6 overpass on the north to an
extension of School Street on the south.
(D) The land north of Elm Street in New Bedford, bounded by
Acushnet Avenue on the west, Route 6 (ramps) on the north,
MacArthur Drive on the east, and Elm Street on the south.
(2) In addition to the sites, areas and relics referred to in
paragraph (1), the Secretary may assist in the interpretation and
preservation of each of the following:
(A) The southwest corner of the State Pier.
(B) Waterfront Park, immediately south of land adjacent to
the State Pier.
(C) The Rotch-Jones-Duff House and Garden Museum, located
at 396 County Street.
(D) The Wharfinger Building, located on Piers 3 and 4.
(E) The Bourne Counting House, located on Merrill's Wharf.
SEC. 4. ADMINISTRATION OF PARK.
(a) In General.--The park shall be administered by the Secretary in
accordance with this Act and the provisions of law generally applicable
to units of the national park system, including the Act entitled ``An
Act to establish a National Park Service, and for other purposes'',
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and
the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).
(b) Cooperative Agreements.--(1) The Secretary may consult and
enter into cooperative agreements with interested entities and
individuals to provide for the preservation, development,
interpretation, and use of the park.
(2) Any payment made by the Secretary pursuant to a cooperative
agreement under this subsection shall be subject to an agreement that
conversion, use, or disposal of the project so assisted for purposes
contrary to the purposes of this Act, as determined by the Secretary,
shall result in a right of the United States to reimbursement of all
funds made available to such project or the proportion of the increased
value of the project attributable to such funds as determined at the
time of such conversion, use, or disposal, whichever is greater.
(c) Non-Federal Matching Requirements.--(1) Funds authorized to be
appropriated to the Secretary for the purposes of--
(A) cooperative agreements under subsection (b) shall be
expended in the ratio of one dollar of Federal funds for each
four dollars of funds contributed by non-Federal sources; and
(B) construction, restoration, and rehabilitation of
visitor and interpretive facilities (other than annual
operation and maintenance costs) shall be expended in the ratio
of one dollar of Federal funds for each one dollar of funds
contributed by non-Federal sources.
(2) For the purposes of this subsection, the Secretary is
authorized to accept from non-Federal sources, and to utilize for
purposes of this Act, any money so contributed. With the approval of
the Secretary, any donation of property, services, or goods from a non-
Federal source may be considered as a contribution of funds from a non-
Federal source for the purposes of this subsection.
(d) Acquisition of Real Property.--For the purposes of the park,
the Secretary may acquire only by donation lands, interests in lands,
and improvements thereon within the park.
(e) Other Property, Funds, and Services.--The Secretary may accept
donated funds, property, and services to carry out this Act.
SEC. 5. GENERAL MANAGEMENT PLAN.
Not later than the end of the second fiscal year beginning after
the date of enactment of this Act, the Secretary shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a general
management plan for the park and shall implement such plan as soon as
practically possible. The plan shall be prepared in accordance with
section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)) and
other applicable law.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Except as provided in subsection (b), there are
authorized to be appropriated such sums as may be necessary to carry
out annual operations and maintenance with respect to the park.
(b) Exceptions.--In carrying out this Act--
(1) not more than $2,000,000 may be appropriated for
construction, restoration, and rehabilitation of visitor and
interpretive facilities, and directional and visitor
orientation signage;
(2) none of the funds authorized to be appropriated by this
Act may be used for the operation or maintenance of the
Schooner Ernestina; and
(3) not more than $50,000 annually of Federal funds may be
used for interpretive and educational programs for the Schooner
Ernestina pursuant to cooperative grants under section 4(b). | Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, to be administered as a unit of the national park system. Requires expenditures to consist of: (1) one dollar of Federal funds for each four dollars of non-Federal funds for cooperative agreements entered into under this Act; and (2) non-Federal funds matching Federal funds for visitor and interpretive facilities (other than operation and maintenance costs).
Requires the Secretary of the Interior to submit to specified congressional committees and to implement a general management plan for the Park. Authorizes appropriations. Limits the amount that may be appropriated for visitor and interpretive facilities and directional and visitor orientation signage. Prohibits the use of appropriations authorized under this Act for operation or maintenance of the Schooner Ernestina and limits the amount of Federal funds that may be used annually for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under this Act. | {"src": "billsum_train", "title": "To establish the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, and for other purposes."} | 1,721 | 214 | 0.575455 | 1.695598 | 0.70354 | 3.238889 | 8.916667 | 0.883333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Preventive Care Improvement
Act of 1999''.
SEC. 2. AUTHORITY TO PROVIDE PREVENTIVE SERVICES UNDER PART B OF THE
MEDICARE PROGRAM.
(a) Preventive Services Benefit.--
(1) In general.--Section 1861(s) of the Social Security Act
(42 U.S.C. 1395x(s)) is amended--
(A) by redesignating paragraphs (16) and (17) as
paragraphs (17) and (18), respectively; and
(B) by inserting after paragraph (15) the following
new paragraph:
``(16) qualified preventive services, as defined in
subsection (uu);''.
(2) Conforming amendments.--Sections 1864(a) 1902(a)(9)(C),
and 1915(a)(1)(B)(ii)(I) of such Act (42 U.S.C. 1395aa(a),
1396a(a)(9)(C), and 1396n(a)(1)(B)(ii)(I)) are each amended by
striking ``paragraphs (16) and (17)'' each place it appears and
inserting ``paragraphs (17) and (18)''.
(b) Definition of Preventive Services.--Section 1861 of such Act
(42 U.S.C. 1395x) is amended by adding at the end the following new
subsection:
``Qualified Preventive Services
``(uu)(1) Subject to paragraph (2), the term `qualified preventive
services' means items and services determined by the Secretary to be
reasonable and necessary for the prevention or early detection of an
illness or disability.
``(2) An item or service described in paragraph (1) shall be
qualified as a preventive service if the Secretary determines by
authoritative evidence that the provision of such item or service is
cost effective. In determining if such an item or service is cost
effective, the Secretary shall consider the following:
``(A) Whether furnishing such an item or service for an
illness or disability results in reductions in estimated
expenditures under the Social Security Act for the illness or
disability, or avoids treatment in a more expensive setting.
``(B) Whether the item or service improves the health of
the individual for whom the item or service is furnished.
``(C) In the case of an individual entitled to benefits
under this title by reason of section 226(b), whether the item
or service facilitates the return to work of the individual.''.
(c) Exclusion From Coverage Conforming Amendment.--Section
1862(a)(1)(B) of such Act (42 U.S.C. 1395y(a)(1)(B)) is amended by
striking ``section 1861(s)(10)'' and inserting ``section 1834(e)(6)''.
SEC. 3. PAYMENT FOR PREVENTIVE SERVICES.
(a) In General.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended by inserting after subsection (d) the following new
subsection:
``(e) Alternative Payment for Preventive Services.--
``(1) General payment rule.--
``(A) Qualified preventive services.--The Secretary
shall establish by regulation a payment amount for
qualified preventive services, as defined in section
1861(uu).
``(B) Other preventive services.--The Secretary may
establish by regulation a payment amount for each type
of preventive service described in subparagraphs (A)
through (H) of paragraph (6).
``(2) Minimum payment amount.--In the case of a preventive
service described in paragraph (6) that may be performed as a
diagnostic or therapeutic service under this title, the payment
amount under this subsection for a service performed as a
preventive service may not be less than the payment amount
established under this title for such service performed as a
diagnostic or therapeutic service.
``(3) Manner of payment.--In the case of a preventive
service described in paragraph (6) that may be performed as a
diagnostic or therapeutic service under this title, the
Secretary shall apply the same method of payment under this
subsection for a service performed as a preventive service as
the Secretary applies under this title for such service performed as a
diagnostic or therapeutic service.
``(4) Authority to waive coinsurance.--Notwithstanding any
other provision of this title, in the case of a preventive
service described in paragraph (6), the Secretary may waive the
imposition of any applicable coinsurance amount with respect to
such service.
``(5) Prohibition on balance billing.--The provisions of
subparagraphs (A) and (B) of section 1842(b)(18) shall apply to
the furnishing of preventive services described in paragraph
(6) for which payment is made under this subsection in the same
manner as such subparagraphs apply to services furnished by a
practitioner described in subparagraph (C) of such section.
``(6) Preventive services described.--For purposes of this
subsection, the preventive services described in this paragraph
are any of the following services:
``(A) Antigens (under section 1861(s)(2)(G)).
``(B) Prostate cancer screening tests (as defined
in section 1861(oo)).
``(C) Colorectal cancer screening tests (as defined
in section 1861(pp)).
``(D) Diabetes outpatient self-management training
services (as defined in section 1861(qq)).
``(E)(i) Pneumococcal vaccine and its
administration and influenza vaccine and its
administration (under section 1861(s)(10)(A)).
``(ii) Hepatitis B vaccine and its administration
(under section 1861(s)(10)(B)).
``(F) Screening mammography (as defined in section
1861(jj)).
``(G) Screening pap smear and screening pelvic exam
(as defined in paragraphs (1) and (2), respectively, of
section 1861(nn)).
``(H) Bone mass measurement (as defined in section
1861(rr)).
``(I) Qualified preventive services (as defined in
section 1861(uu)).''.
(b) Waiver of Deductible.--The first sentence of section 1833(b) of
such Act (42 U.S.C. 1395l(b)) is amended by striking ``, (5) such
deductible'' and all that follows through the period and inserting: ``,
and (5) such deductible shall not apply with respect to preventive
services (as described in section 1834(e)(6)).''.
(c) Conforming Amendments.--(1) Section 1833(a)(1)(B) of such Act
(42 U.S.C. 1395l(a)(1)(B)) is amended by inserting ``subject to section
1834(e),'' before ``the amounts paid shall be 100 percent of the
reasonable charges for such items and services,''.
(2) Section 1833(a)(2)(G) of such Act (42 U.S.C. 1395l(a)(2)(G)) is
amended by inserting ``subject to section 1834(e),'' before ``with
respect to items and services''.
(3) Section 1834(c)(1)(C) of such Act (42 U.S.C. 1395m(c)) is
amended by striking ``the amount of the payment'' and inserting
``except as provided by the Secretary under subsection (e), the amount
of the payment''.
(4) Section 1834(d) of such Act (42 U.S.C. 1395m(d)) is amended--
(A) in paragraph (1)(A), by striking ``The payment amount''
and inserting ``Except as provided by the Secretary under
subsection (e), the payment amount''; and
(B) in paragraphs (2)(A) and (3)(A), by striking ``payment
under section 1848'' each place it appears and inserting
``except as provided by the Secretary under subsection (e),
payment under section 1848''.
(5) Section 1848(g)(2)(C) of such Act (42 U.S.C. 1395w-4(g)(2)(C))
is amended--
(A) by striking ``For'' and inserting ``(i) Subject to
clause (ii), for''; and
(B) by adding at the end the following new clause:
``(ii) For physicians' services consisting of
preventive services (as described in section
1834(e)(6)) furnished on or after February 1, 2000, the
`limiting charge' shall be 100 percent of the
recognized payment amount under this part for
nonparticipating physicians or for nonparticipating
suppliers or other persons.''.
(6) Section 1848(g)(2)(D) of such Act (42 U.S.C. 1395w-4(g)(2)(D))
is amended by striking ``the fee schedule amount determined under
subsection (a)'' and all that follows and inserting ``the fee schedule
amount determined under subsection (a), in the case of preventive
services (as described in section 1834(e)(6)) the amount determined by
the Secretary under section 1834(e), or, if payment under this part is
made on a basis other than the fee schedule under this section or other
than the amount established under section 1834(e) with respect to such
preventive services, 95 percent of the other payment basis.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act apply to items and services
furnished on or after February 1, 2000. | Provides for an alternative payment method for specified preventive services currently covered (including the new qualified preventive services benefit), a method that permits waiver of any applicable co-payments and mandates waiver of any applicable deductibles. | {"src": "billsum_train", "title": "Medicare Preventive Care Improvement Act of 1999"} | 2,229 | 49 | 0.435175 | 1.065714 | 0.20775 | 1.268293 | 44.341463 | 0.731707 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Pay Comparability Act of
2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) One of the underlying principles of the all-volunteer
Armed Forces is the principle that military pay increases must
remain comparable to private sector pay growth, as measured by
the Employment Cost Index.
(2) The capping of military pay raises below private sector
pay growth for extended periods during the past 30 years has
led to significant retention problems among second-term and
career members of the Armed Forces.
(3) Such retention problems cost the United States more in
terms of lost military experience, decreased readiness, and
increased training costs than maintaining the principle of pay
comparability.
(4) Since military pay was last deemed reasonably
comparable with private sector pay in 1982, military pay raises
have lagged a cumulative 6.4 percent behind private sector wage
growth, although recent efforts of the President and Congress
have reduced the gap significantly from its peak of 13.5
percent in 1999.
(5) Under existing law, while military pay increases must
exceed growth in the Employment Cost Index through fiscal year
2006, increases in subsequent years will be capped one-half
percentage point below the Employment Cost Index, to the
detriment of retention and readiness over the long term.
(6) The remaining so-called pay comparability gap should be
eliminated as quickly as possible, and military pay increases
must sustain full comparability with increases in the
Employment Cost Index.
SEC. 3. ANNUAL ADJUSTMENTS IN MONTHLY BASIC PAY FOR MEMBERS OF THE
UNIFORMED SERVICES.
(a) Annual Adjustment Required.--Section 1009 of title 37, United
States Code, is amended by striking subsections (a), (b), and (c) and
inserting the following new subsections:
``(a) Requirement for Annual Adjustment.--Effective on January 1 of
each year, the rates of basic pay for members of the uniformed services
under section 203(a) of this title shall be increased under this
section.
``(b) Effectiveness of Adjustment.--An adjustment under this
section shall have the force and effect of law.
``(c) Equal Percentage Increase for All Members.--(1) Subject to
subsection (d), an adjustment made under this section in a year shall
provide all eligible members with an increase in the monthly basic pay
that is the percentage (rounded to the nearest one-tenth of 1 percent)
by which the Employment Cost Index for the base quarter of the year
before the preceding year exceeds the Employment Cost Index for the
base quarter of the second year before the preceding calendar year (if
at all).
``(2) Notwithstanding paragraph (1), but subject to subsection (d),
the percentage of the adjustment taking effect under this section
during each of fiscal years 2004, 2005, and 2006, shall be one-half of
one percentage point higher than the percentage that would otherwise be
applicable under such paragraph.''.
(b) Publication of Adjusted Rates.--Subsection (e) of such section
is amended--
(1) by striking ``(e) Notice of Allocations.--'' and
inserting ``(e) Notification and Publication Requirements.--
(1)''; and
(2) by adding at the end the following new paragraph:
``(2) The rates of basic pay that take effect under this section
shall be printed in the Federal Register and the Code of Federal
Regulations.''.
(c) Presidential Determination of Need for Alternative Pay
Adjustment.--Such section is further amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Effect of National Emergency or Serious Economic
Conditions.--(1) If, because of national emergency or serious economic
conditions affecting the general welfare, the President determines that
the pay adjustment otherwise required by this section for a year is
inappropriate, the President may prepare a plan proposing such
alternative pay adjustments as the President considers appropriate. The
President shall submit the plan, together with the reasons for the
alternative pay adjustments, to Congress before March 1 of the
preceding year.
``(2) In evaluating an economic condition affecting the general
welfare under this subsection, the President shall consider pertinent
economic measures including the Indexes of Leading Economic Indicators,
the Gross National Product, the unemployment rate, the budget deficit,
the Consumer Price Index, the Producer Price Index, the Employment Cost
Index, and the Implicit Price Deflator for Personal Consumption
Expenditures.
``(3) The President shall include in the plan submitted under
paragraph (1) an assessment of the impact that the alternative pay
adjustments proposed in the plan will have on the ability to recruit
and retain well-qualified members of the uniformed services.
(d) Definitions.--Such section, as amended by subsection (c), is
further amended by adding at the end the following new subsection:
``(i) Definitions.--In this section:
``(1) The term `Employment Cost Index' means the Employment
Cost Index (wages and salaries, private industry workers)
published quarterly by the Bureau of Labor Statistics.
``(2) The term `base quarter' for any year is the three-
month period ending on September 30 of such year.''.
(e) Conforming Amendment.--Subsection (d)(2) of such section is
amended by striking ``in the General Schedule rates of basic pay for
civilian employees.'' and inserting ``in the rates of monthly basic pay
under this section.''. | Military Pay Comparability Act of 2003 - Requires the monthly rates of basic military pay to be adjusted effective January 1 of each year. (Currently, such rates are adjusted whenever the General Schedule (GS) of Compensation for Federal employees is adjusted.)Requires equal annual pay percentage increases for all military personnel to be based on percentage increases in the Employment Cost Index (currently on GS adjustments). Increases percentage adjustments by one-half percent for FY 2004 through 2006.Requires new annual rates of pay to be published in the Federal Register and the Code of Federal Regulations.Authorizes the President, upon determining that annual pay adjustments would be inappropriate because of national emergency or serious economic conditions, to prepare and transmit to Congress a plan for an alternative pay adjustment. Requires the President to consider under such plan the impact that the alternative adjustment would have on the Government's ability to recruit and retain well-qualified members of the armed forces. | {"src": "billsum_train", "title": "To amend title 37, United States Code, to ensure that military pay increases are comparable to private sector pay growth, as measured by the Employment Cost Index."} | 1,225 | 205 | 0.594271 | 1.633046 | 0.837956 | 2.571429 | 6.685714 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Equalization and
Energy Security Act of 1999''.
SEC. 2. EXCISE TAX ON IMPORTED CRUDE OIL AND PETROLEUM PRODUCTS.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 55--IMPORTED CRUDE OIL AND PETROLEUM PRODUCTS
``Sec. 5891. Imposition of tax.
``Sec. 5892. Determination of prices.
``Sec. 5893. Definitions.
``Sec. 5894. Registration.
``Sec. 5895. Procedures; returns;
penalties.
``SEC. 5891. IMPOSITION OF TAX.
``(a) Imposition of Tax.--In addition to any other tax imposed
under this title, an excise tax is hereby imposed on--
``(1) the first sale within the United States of--
``(A) any crude oil, or
``(B) any petroleum product,
that has been imported into the United States, and
``(2) the use within the United States of--
``(A) any crude oil, or
``(B) any petroleum product,
that has been imported into the United States if no tax has
been imposed with respect to such crude oil or petroleum
product prior to such use.
``(b) Rates of Tax.--
``(1) Crude oil.--The taxes imposed by paragraph (1)(A) and
(2)(A) of subsection (a) shall be imposed at the rate equal to
the applicable environmental equalization fee per barrel of
crude oil.
``(2) Petroleum products.--The taxes imposed by paragraph
(1)(B) and (2)(B) of subsection (a) shall be imposed at the
rate equal to the applicable environmental equalization fee per
barrel of petroleum products.
``(3) Fractional parts of barrels.--In the case of a
fraction of a barrel, the taxes imposed by subsection (a) shall
be the same fraction of the amount of such tax imposed on the
whole barrel.
``(c) Liability for Payment of Tax.--
``(1) Sales.--The taxes imposed by subsection (a)(1) shall
be paid by the first person who sells the crude oil or
petroleum product within the United States.
``(2) Use.--The taxes imposed by subsection (a)(2) shall be
paid by the person who uses the crude oil or petroleum product.
``(d) Exemptions.--
``(1) Exports.--
``(A) In general.--Under regulations prescribed by
the Secretary, no tax shall be imposed under this
chapter on the sale of crude oil or petroleum products
for export or for resale by the purchaser to a second
purchaser for export.
``(B) Proof of export.--Where any crude oil or
petroleum product has been sold free of tax under
subparagraph (A), such subparagraph shall cease to
apply with respect to the sale of such crude oil or
petroleum product unless, within the 6-month period
which begins on the date of the sale, the seller
receives proof that the crude oil or petroleum product
has been exported.
``(2) Products in the national interest.--No tax shall be
imposed under this chapter on the sale or use of any petroleum
product during any period if the President determines that it
is in the national interest not to impose the tax under this
chapter on such product during such period.
``(3) Products from canada.--No tax shall be imposed by
this chapter on the sale or use of--
``(A) any crude oil produced from a well located in
Canada, or
``(B) any petroleum product produced from crude oil
described in subparagraph (A).
``SEC. 5892. DETERMINATION OF ENVIRONMENTAL EQUALIZATION FEE.
``(a) Environmental Equalization Fee.--For purposes of this
chapter, the environmental equalization fee is the amount determined by
the Secretary of Energy under subsection (b).
``(b) Determination by Secretary of Energy.--The Secretary of
Energy, after conducting a study and in consultation with the
Administrator of the Environmental Protection Agency and
representatives from the domestic petroleum industry, shall from time
to time determine the amount of the environmental equalization fee. The
amount shall be the Secretary's estimate--
``(1) in the case of crude oil, of the average amount per
barrel of the price of domestic crude oil which is attributable
to costs of complying with environmental laws and regulations
of the United States; and
``(2) in the case of petroleum products, of the average
amount per barrel of the price of domestic petroleum products
which is attributable to such costs.
``SEC. 5893. DEFINITIONS.
``For purposes of this chapter--
``(1) Crude oil.--The term `crude oil' means crude oil (as
defined in section 4612(a)(1)) other than crude oil produced
from a well located in the United States (as defined in section
4612(a)(4)).
``(2) Domestic crude oil.--The term `domestic crude oil'
means crude oil produced from a well located in the United
States.
``(3) Barrel.--The term `barrel' means 42 United States
gallons.
``(4) Petroleum product.--The term `petroleum product' has
the meaning given such term under section 4612(a)(3).
``(5) Export.--The term `export' includes shipment to a
possession of the United States, and the term `exported'
includes shipment to a possession of the United States.
``SEC. 5894. REGISTRATION.
``Every person subject to tax under section 5891 shall, before
incurring any liability for tax under such section, register with the
Secretary.''.
(b) Conforming Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end thereof the following new
item:
``Chapter 55. Imported crude oil and
petroleum products.''
(c) Deductibility of Imported Crude Oil Tax.--The first sentence of
section 164(a) of such Code (relating to deduction for taxes) is
amended by inserting after paragraph (5) the following new paragraph:
``(6) The taxes imposed by section 5891 (relating to
imported crude oil and petroleum products).''
(c) Effective Date.--The amendments made by this Act shall take
effect on the 30th day after the date of the enactment of this Act. | Environmental Equalization and Energy Security Act of 1999 - Amends the Internal Revenue Code to impose an excise tax on imported crude oil and petroleum products (except those imported from Canada) equal to the applicable environmental equalization fee per barrel of crude oil, as determined by the Secretary of Energy.
States that the fee shall be the amount of the Secretary's estimate: (1) in the case of crude oil, of the average amount per barrel of the price of domestic crude oil attributable to costs of complying with U.S. environmental laws and regulations; and (2) in the case of petroleum products, of the average amount per barrel of the price of domestic petroleum products attributable to such costs.
Exempts from such tax: (1) the sale of crude oil or petroleum products for export or for resale by the purchaser to a second purchaser for export; and (2) the sale or use of any petroleum product during any period when the President determines that it is in the national interest not to impose the tax. | {"src": "billsum_train", "title": "Environmental Equalization and Energy Security Act of 1999"} | 1,536 | 214 | 0.626884 | 1.614393 | 0.757795 | 6.446701 | 6.852792 | 0.964467 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Humboldt Project Conveyance Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Nevada.
(3) PCWCD.--The term ``PCWCD'' means the Pershing County
Water Conservation District, a public entity organized under
the laws of the State of Nevada.
(4) Pershing county.--The term ``Pershing County'' means
the Pershing County government, a political subunit of the
State of Nevada.
(5) Lander county.--The term ``Lander County'' means the
Lander County government, a political subunit of the State of
Nevada.
SEC. 3. AUTHORITY TO CONVEY TITLE.
(a) In General.--The Secretary shall, as soon as practicable after
the date of enactment of this Act, convey, all right, title, and
interest in and to the lands and features of the Humboldt Project,
including all water rights for storage and diversion, to PCWCD, the
State, Pershing County, and Lander County, consistent with the terms
and conditions set forth in the Memorandum of Agreement between PCWCD
and Lander County dated January 24, 2000, the Conceptual Agreement
between PCWCD and the State dated October 18, 2001, and the Letter of
Agreement between Pershing County and the State dated April 16, 2002.
(b) Compliance With Agreements.--All parties to the conveyance
under subsection (a) shall comply with the terms and conditions of the
agreements cited in subsection (a).
(c) Report.--If the conveyance required by this section has not
been completed within 18 months after the date of enactment of this
Act, the Secretary shall submit a report to the Committee on Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate that describes--
(1) the status of the conveyance;
(2) any obstacles to completion of the conveyance; and
(3) the anticipated date for completion of the conveyance.
SEC. 4. PAYMENT.
(a) In General.--As consideration for any conveyance required by
section 3, PCWCD shall pay to the United States the net present value
of miscellaneous revenues associated with the lands and facilities to
be conveyed.
(b) Withdrawn Lands.--As consideration for any conveyance of
withdrawn lands required by section 3, the entity receiving title shall
pay the United States (in addition to amounts paid under subsection
(a)) the fair market value for any such lands conveyed that were
withdrawn from the public domain pursuant to the Secretarial Orders
dated March 16, 1934, and April 6, 1956.
(c) Administrative Costs.--Administrative costs for conveyance of
any land or facility under this Act shall be paid in equal shares by
the Secretary and the entity receiving title to the land or facility,
except costs identified in subsections (d) and (e).
(d) Real Estate Transfer Costs.--As a condition of any conveyance
of any land or facility required by section 3, costs of all boundary
surveys, title searches, cadastral surveys, appraisals, and other real
estate transactions required for the conveyance shall be paid by the
entity receiving title to the land or facility.
(e) NEPA Costs.--Costs associated with any review required under
the National Environmental Policy Act of 1969 for conveyance of any
land or facility under section 3 shall be paid in equal shares by the
Secretary and the entity receiving title to the land or facility.
(f) State of Nevada.--The State shall not be responsible for any
payments for land or facilities under this section. Any proposal by the
State to reconvey to another entity land conveyed by the Secretary
under this Act shall be pursuant to an agreement with the Secretary
providing for fair market value to the United States for the lands, and
for continued management of the lands for recreation, wildlife habitat,
wetlands, or resource conservation.
SEC. 5. COMPLIANCE WITH OTHER LAWS.
Following the conveyance required by section 3, the district, the
State, Pershing County, and Lander County shall, with respect to the
interests conveyed, comply with all requirements of Federal, State, and
local law applicable to non-Federal water distribution systems.
SEC. 6. REVOCATION OF WITHDRAWALS.
Effective on the date of the conveyance required by section 3, the
Secretarial Orders dated March 16, 1934, and April 6, 1956, that
withdrew public lands for the Rye Patch Reservoir and the Humboldt
Sink, are hereby revoked.
SEC. 7. LIABILITY.
Effective on the date of the conveyance required by section 3, the
United States shall not be held liable by any court for damages of any
kind arising out of any act, omission, or occurrence relating to the
Humboldt Project, except for damages caused by acts of negligence
committed by the United States or by its employees or agents prior to
the date of conveyance. Nothing in this section shall be considered to
increase the liability of the United States beyond that currently
provided in chapter 171 of title 28, United States Code, popularly
known as the Federal Tort Claims Act.
SEC. 8. NATIONAL ENVIRONMENTAL POLICY ACT.
Prior to conveyance the Secretary shall complete all actions as may
be required under the National Environmental Policy Act of 1969 (U.S.C.
4321 et seq.).
SEC. 9. FUTURE BENEFITS.
Upon conveyance of the lands and facilities by the Secretary under
this Act, the Humboldt Project shall no longer be a Federal reclamation
project and the district shall not be entitled to receive any future
reclamation benefits with respect to that project, except those
benefits that would be available to other nonreclamation districts. | Humboldt Project Conveyance Act - Requires the Secretary of the Interior to convey all right, title, and interest in and to the lands and features of the Humboldt Project, including all water rights for storage and diversion, to the Pershing County Water Conservation District (PCWCD), the State of Nevada, the Pershing County government, and the Lander County government, consistent with the terms and conditions set forth in the Memorandum of Agreement between PCWCD and Lander County dated January 24, 2002, the Conceptual Agreement between PCWCD and the State dated October 28, 2001, and the Letter of Agreement between Pershing County and the State dated April 16, 2002.(Sec. 4) Requires PCWCD to pay the United States the net present value of miscellaneous revenues associated with the lands and facilities to be conveyed.Requires the entity receiving title under this act to pay the United States the fair market value for any withdrawn land conveyed, as well as the real estate transfer costs for any land or facility conveyed.Declares that the State of Nevada will not be responsible for any payments for land or facilities under this Act.Declares that any proposal by the State to reconvey to another entity land conveyed by the Secretary must provide fair market value to the Unites States for the lands and for continued management of the lands for recreation, wildlife habitat, wetlands, or resource conservation.(Sec. 6) Revokes the Secretarial Orders dated March 16, 1934, and April 6, 1956, that withdrew public lands for the Rye Patch Reservoir and the Humboldt Sink.(Sec. 7) Exempts the United States from liability for damages arising out of any act, omission, or occurrence relating to the Humboldt project, except for damages caused by acts of negligence committed by the United States, its employees or agents prior to the date of conveyance.(Sec. 8) Requires the Secretary to complete, prior to conveyance, all actions required under the National Environment Policy Act of 1969.(Sec. 9) Declares that upon conveyance of the lands and facilities, the Humboldt Project will no longer be a Federal reclamation project and the district shall not be entitled to receive any future reclamation benefits with respect to the project, except those benefits that would be available to other nonreclamation districts. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to convey title to certain irrigation project property in the Humboldt Project, Nevada, to the Pershing County Water Conservation District, Pershing County, Lander County, and the State of Nevada."} | 1,334 | 548 | 0.753998 | 2.774132 | 0.729403 | 6.389423 | 2.814904 | 0.947115 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Every Child Deserves a Family Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) There is a shortage of qualified individuals willing to
adopt or foster a child in the child welfare system. As a
result, thousands of foster children lack a permanent and safe
home.
(2) In order to open more homes to foster children, child
welfare agencies should work to eliminate sexual orientation,
gender identity, and marital status discrimination and bias in
adoption and foster care recruitment, selection, and placement
procedures.
(3) Of the estimated 400,000 children in the United States
foster care system, more than 101,000 cannot return to their
original families and are legally free for adoption.
(A) 50,608 children were adopted in 2013, while
23,090 youth ``aged out'' of the foster care system.
(B) Research shows that youth who ``age out'' of
the foster care system are at a high risk for poverty,
homelessness, incarceration, and early parenthood.
(C) Increasing adoption rates, in addition to
establishing permanency and decreasing risk factors for
foster youth, can yield annual national cost savings
between $3,300,000,000 and $6,300,000,000.
(4) Experts agree that in many States, lesbian, gay,
bisexual, and transgender youth experience discrimination,
harassment, and violence in the foster care system because of
their sexual orientation or gender identity.
(5) Approximately 60 percent of homeless lesbian, gay,
bisexual, and transgender youth were previously in foster care.
According to the Urban Justice Center, many of these young
people reported that living on the streets felt ``safer'' than
living in their group or foster home.
(6) According to the Williams Institute, an estimated 19
percent of same-sex couple households include children under 18
years of age.
(7) The Williams Institute estimates that 3,000,000
lesbian, gay, bisexual, and transgender people have had a child
and as many as 6,000,000 American adults and children have a
lesbian, gay, bisexual, or transgender parent. Among adults
under 50 years of age living alone or with a spouse or partner,
48 percent of lesbian, bisexual, or transgender women are
raising a child under 18 years of age, and 20 percent of gay,
bisexual, or transgender men are doing so.
(8) As of 2013, same-sex couples are raising 1.4 percent of
adopted children with 2 parents and are fostering 1.7 percent
of foster children living with 2 parents. A 2007 report from
the Williams Institute found that an additional 2,000,000 gay,
lesbian, and bisexual individuals are interested in adoption.
(9) According to the Williams Institute/Urban Institute,
same-sex couples raising adopted children tend to be older
than, just as educated as, and have access to the same economic
resources as other adoptive parents. Studies confirm that
children with same-sex parents have the same advantages and
same expectations for health, social, and psychological
adjustment, and development as children whose parents are
heterosexual.
(10) An Evan B. Donaldson Adoption Institute study found
that \1/3\ of child welfare agencies in the United States
reject gay, lesbian, and bisexual applicants.
(A) The practice of prohibiting applicants from
becoming foster parents or adopting children solely on
the basis of sexual orientation or marital status has
resulted in reducing the number of qualified adoptive
and foster parents overall and denying gay, lesbian,
bisexual, and unmarried relatives the opportunity to
become foster parents for their own kin, including
grandchildren, or to adopt their own kin, including
grandchildren, from foster care.
(B) According to the Williams Institute, more than
3,400 children are currently in foster placements with
same-sex couples. Another 22,000 children are being
raised by same-sex adoptive couples. If other States
followed the minority of States and discriminated
against qualified individuals because of their sexual
orientation or marital status, foster care expenditures
would increase between $87,000,000 and $130,000,000 per
year in order to pay for additional institutional and
group care, as well as to recruit and train new foster
and adoptive parents.
(11) Some States allow 1 member of a same-sex couple to
adopt, but do not recognize both members of the couple as the
child's legal parents. Recognition of joint adoption provides
children with the same rights and security that children of
heterosexual parents enjoy. These protections include access to
both parents' health benefits, survivor's, Social Security, and
child support entitlements, legal grounds for either parent to
provide consent for medical care, education, and other
important decisions, as well as the establishment of permanency
for parents and child.
(12) Professional organizations in the fields of medicine,
psychology, law, and child welfare have taken official
positions in support of the ability of qualified gay, lesbian,
bisexual, and unmarried couples to foster and adopt a child, as
supported by scientific research showing sexual orientation as
a nondeterminative factor in parental success.
(13) Discrimination against potential foster or adoptive
parents based on sexual orientation, gender identity, or
marital status is not in the best interests of children in the
foster care system.
(b) Purposes.--The purposes of this Act are to decrease the length
of time that children wait for permanency with a loving family and to
promote the best interests of children in the child welfare system by
preventing discrimination in adoption and foster care placements based
on sexual orientation, gender identity, or marital status.
SEC. 3. EVERY CHILD DESERVES A FAMILY.
(a) Activities.--
(1) Prohibition.--An entity that receives Federal
assistance or contracts with an entity that receives Federal
assistance, and is involved in adoption or foster care
placements may not--
(A) deny to any person the opportunity to become an
adoptive or a foster parent on the basis of the sexual
orientation, gender identity, or marital status of the
person, or the sexual orientation or gender identity of
the child involved;
(B) delay or deny the placement of a child for
adoption or into foster care on the basis of the sexual
orientation, gender identity, or marital status of any
prospective adoptive or foster parent, or the sexual
orientation or gender identity of the child; or
(C) require different or additional screenings,
processes, or procedures for adoptive or foster
placement decisions on the basis of the sexual
orientation, gender identity, or marital status of the
prospective adoptive or foster parent, or the sexual
orientation or gender identity of the child involved.
(2) Definition of placement decision.--In this section, the
term ``placement decision'' means the decision to place, or to
delay or deny the placement of, a child in a foster care or an
adoptive home, and includes the decision of the agency or
entity involved to seek the termination of birth parent rights
or otherwise make a child legally available for adoptive
placement.
(b) Equitable Relief.--Any individual who is aggrieved by an action
in violation of subsection (a) may bring an action seeking relief in a
United States district court of appropriate jurisdiction.
(c) Federal Guidance.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
publish guidance to concerned entities with respect to compliance with
this section.
(d) Technical Assistance.--In order to ensure compliance with, and
ensure understanding of the legal, practice, and culture changes
required by, this Act in making foster care and adoption placement
decisions, the Secretary shall provide technical assistance to all
entities covered by this Act, including--
(1) identifying laws and regulations inconsistent with this
Act and providing guidance and training to ensure the laws and
regulations are brought into compliance within the prescribed
period of time;
(2) identifying casework practices and procedures
inconsistent with this Act and providing guidance and training
to ensure the practices and procedures are brought into
compliance within the prescribed period of time;
(3) providing guidance in expansion of recruitment efforts
to ensure consideration of all interested and qualified
prospective adoptive and foster parents regardless of the
sexual orientation, gender identity, or marital status of the
prospective parent;
(4) comprehensive cultural competency training for covered
entities and prospective adoptive and foster parents; and
(5) training judges and attorneys involved in foster care
and adoption cases on the findings and purposes of this Act.
(e) Deadline for Compliance.--
(1) In general.--Except as provided in paragraph (2), an
entity that receives Federal assistance and is involved with
adoption or foster care placements shall comply with this
section not later than 6 months after publication of the
guidance referred to in subsection (c), or 1 year after the
date of enactment of this Act, whichever occurs first.
(2) Authority to extend deadline.--If a State demonstrates
to the satisfaction of the Secretary of Health and Human
Services that it is necessary to amend State statutory law in
order to change a particular practice that is inconsistent with
this section, the Secretary may extend the compliance date for
the State and any entities in the State that are involved with
adoption or foster care placements a reasonable number of days
after the close of the 1st State legislative session beginning
after the date the guidance referred to in subsection (c) is
published.
(3) Authority to withhold funds.--If a State fails to
comply with this section, the Secretary may withhold payment to
the State of amounts otherwise payable to the State under part
B or E of title IV of the Social Security Act (42 U.S.C. 621 et
seq., 670 et seq.), to the extent the Secretary deems the
withholding necessary to induce the State into compliance with
this section.
(f) GAO Study.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study to determine whether the States
have substantially complied with this Act, including
specifically whether the States have--
(A) eliminated policies, practices, or statutes
that deny to any otherwise qualified person the
opportunity to become an adoptive or foster parent on
the basis of the sexual orientation, gender identity,
or marital status of the person, or the sexual
orientation or gender identity of the child involved;
(B) removed all program, policy, or statutory
barriers that delay or deny the placement of a child
for adoption or into foster care on the basis of the
sexual orientation, gender identity, or marital status
of any qualified, prospective adoptive or foster
parent, or the sexual orientation or gender identity of
the child; and
(C) eliminated all different or additional
screenings, processes, or procedures for adoptive or
foster placement decisions based on the sexual
orientation, gender identity, or marital status of the
prospective adoptive or foster parent, or the sexual
orientation or gender identity of the child involved.
(2) Report to the congress.--Not later than 1 year after
completing the study required by paragraph (1), the Comptroller
General shall submit to Congress a written report that contains
the results of the study. | Every Child Deserves a Family Act Prohibits adoption or foster care placement service entities that receive federal assistance (or that contract with entities receiving such assistance) from using the sexual orientation, gender identity, or marital status of a prospective adoptive or foster parent, or from using the sexual orientation or gender identity of the child, to: (1) deny a person the opportunity to become an adoptive or foster parent; (2) delay or deny the placement of a child for adoption or into foster care; or (3) require different or additional screenings or procedures for adoptive or foster placement decisions, including whether to seek the termination of birth parent rights or to make a child legally available for adoptive placement. Allows individuals aggrieved by a violation of this Act to bring an action seeking relief in federal court. Directs the Department of Health and Human Services (HHS) to publish guidance on legal compliance and to assist entities with casework practices, recruitment efforts, and cultural competency training. Allows HHS to withhold payments under part B (Child and Family Services) or part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to states that fail to comply with this Act. | {"src": "billsum_train", "title": "Every Child Deserves a Family Act"} | 2,420 | 261 | 0.481045 | 1.481557 | 0.77347 | 3.683983 | 10.077922 | 0.922078 |
SECTION 1. ASSISTANT SECRETARY OF STATE FOR VICTIMS OF INTERNATIONAL
TERRORISM.
(a) Designation of Position.--The Secretary of State shall
designate one of the Assistant Secretaries of State authorized by
section 1(c)(1) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a(c)(1)) as the Assistant Secretary of State for Victims
of International Terrorism.
(b) Directive Governing the Assistant Secretary of State.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of State shall issue a
directive governing the position of the Assistant Secretary.
(2) Elements of the directive.--The directive issued under
paragraph (1) shall set forth, consistent with this section--
(A) the duties of the Assistant Secretary;
(B) the relationships between the Assistant
Secretary and other officials of the Department of
State;
(C) any delegation of authority from the Secretary
of State to the Assistant Secretary; and
(D) such matters as the Secretary considers
appropriate.
(c) Duties.--
(1) In general.--The Assistant Secretary shall have as his
or her principal responsibility the overall supervision
(including oversight of policy and resources) within the
Department of State of all matters relating to American victims
of international terrorism and efforts to bring international
terrorists to justice.
(2) Participation of the assistant secretary.--
(A) Primary role.--Except as provided in
subparagraphs (B) and (C), the Assistant Secretary, or
a designee, shall participate in all interagency groups
or organizations within the executive branch of
Government, particulary the Department of Justice, that
assess, analyze, or review United States planned or
ongoing policies, programs, or actions that have a
direct bearing on efforts to bring international
terrorists to justice for actions affecting Americans
abroad, including interagency committees concerned with
international terrorism and counter-terrorism.
(B) Requirement for designation.--Subparagraph (A)
shall not apply to groups or organizations on which the
Secretary of State or the Undersecretary of State for
Arms Control and International Security sits, unless
such official designates the Assistant Secretary to
attend in his stead.
(C) National security limitation.--
(i) Waiver by president.--The President may
waive the provisions of subparagraph (A) if
inclusion of the Assistant Secretary would not
be in the national security interests of the
United States.
(ii) Waiver by others.--With respect to an
interagency group or organization, or meeting
thereof, working with exceptionally sensitive
information contained in compartments under the
control of the Director of Central Intelligence
or the Secretary of Defense, such Director or
Secretary, as the case may be, may waive the
provision of subparagraph (A) if inclusion of
the Assistant Secretary would not be in the
national security interests of the United
States.
(iii) Transmission of waiver to congress.--
Any waiver of participation under clause (i) or
(ii) shall be transmitted in writing to the
appropriate committees of Congress.
(3) Relationship to the criminal justice community.--The
Assistant Secretary shall be the principal policy community
representative to the criminal justice community on
international terrorism affecting Americans abroad.
(4) Reporting responsibilities.--The Assistant Secretary
shall have responsibility within the Department of State for--
(A) the report required pursuant to section 2; and
(B) other reports being prepared by the Department
of State as of the date of enactment of this Act
relating to international terrorism affecting Americans
abroad.
SEC. 2. ANNUAL REPORT ON INTERNATIONAL TERRORISM AFFECTING AMERICANS
ABROAD.
The Secretary of State shall transmit to the Congress annually a
report on international terrorism affecting Americans abroad and United
States efforts to bring to justice international terrorists for actions
affecting Americans abroad. The report may be submitted in classified
and unclassified form and shall include the following information:
(1) The number of Americans kidnapped, killed, and
otherwise directly affected by the actions of international
terrorists.
(2) The actions of the Departments of State and Justice to
obtain justice for American victims of international terrorism.
(3) A list of known international terrorists.
(4) Recommendations for legislative and other actions to
bring individual terrorists to justice in the United States. | Directs the Secretary of State to designate one of the Assistant Secretaries of State as the Assistant Secretary of State for Victims of International Terrorism. Sets forth the duties of the Assistant Secretary, including to: (1) be responsible for the overall supervision within the Department of State of all matters relating to American victims of international terrorism and efforts to bring international terrorists to justice; and (2) participate in all interagency groups or organizations within the executive branch, particularly the Department of Justice, that assess, analyze, or review U.S. planned policies, programs, or actions that have a direct bearing on efforts to bring international terrorists to justice for actions affecting Americans abroad. | {"src": "billsum_train", "title": "To provide for the designation of an Assistant Secretary of State for Victims of International Terrorism."} | 962 | 144 | 0.671334 | 1.889989 | 0.706244 | 5.527559 | 6.787402 | 0.96063 |
SECTION 1. DRUG TESTING UPON ARREST.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) by redesignating part Y as part Z;
(2) by redesignating section 2501 as section 2601; and
(3) by inserting after part X the following:
``PART Y--GRANTS FOR DRUG TESTING UPON ARREST
``SEC. 2501. GRANT AUTHORIZATION.
``The Director of the Bureau of Justice Assistance is authorized to
make grants under this part to States, for the use by States and units
of local government in the States, for the purpose of developing,
implementing, or continuing a drug testing project when individuals are
arrested and during the pretrial period and after post conviction
release.
``SEC. 2502. STATE APPLICATIONS.
``(a) General Requirements.--To request a grant under this part the
chief executive of a State shall submit an application to the Director
in such form and containing such information as the Director may
reasonably require.
``(b) Mandatory Assurances.--To be eligible to receive funds under
this part, a State must agree to develop or maintain programs of
urinalysis or similar drug testing of individuals upon arrest and on a
regular basis pending trial for the purpose of making pretrial
detention decisions.
``(c) Central Office.--The office designated under section 507 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3757)--
``(1) shall prepare the application as required under
subsection (a); and
``(2) shall administer grant funds received under this
part, including review of spending, processing, progress,
financial reporting, technical assistance, grant adjustments,
accounting, auditing, and fund disbursement.
``SEC. 2503. LOCAL APPLICATIONS.
``(a) In General.--(1) To request funds under this part from a
State, the chief executive of a unit of local government shall submit
an application to the office designated under section 2502(c).
``(2) Such application shall be considered approved, in whole or in
part, by the State not later than 90 days after such application is
first received unless the State informs the applicant in writing of
specific reasons for disapproval.
``(3) The State shall not disapprove any application submitted to
the State without first affording the applicant reasonable notice and
an opportunity for reconsideration.
``(4) If such application is approved, the unit of local government
is eligible to receive such funds.
``(b) Distribution to Units of Local Government.--A State that
receives funds under section 2501 in a fiscal year shall make such
funds available to units of local government with an application that
has been submitted and approved by the State within 90 days after the
Bureau has approved the application submitted by the State and has made
funds available to the State. The Director shall have the authority to
waive the 90-day requirement in this section upon a finding that the
State is unable to satisfy such requirement under State statutes.
``SEC. 2504. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Distribution.--Of the total amount appropriated under
this part in any fiscal year--
``(1) 1.0 percent shall be allocated to each of the
participating States; and
``(2) of the total funds remaining after the allocation
under paragraph (1), there shall be allocated to each of the
participating States an amount which bears the same ratio to
the amount of remaining funds described in this paragraph as
the number of individuals arrested in such State bears to the
number of individuals arrested in all the participating States.
``(b) Local Distribution.--(1) A State that receives funds under
this part in a fiscal year shall distribute to units of local
government in such State that portion of such funds which bears the
same ratio to the aggregate amount of such funds as the amount of funds
expended by all units of local government for criminal justice in the
preceding fiscal year bears to the aggregate amount of funds expended
by the State and all units of local government in such State for
criminal justice in such preceding fiscal year.
``(2) Any funds not distributed to units of local government under
paragraph (1) shall be available for expenditure by such State for
purposes specified in such State's application.
``(3) If the Director determines, on the basis of information
available during any fiscal year, that a portion of the funds allocated
to a State for such fiscal year will not be used by such State or that
a State is not eligible to receive funds under this part, the Director
shall award such funds to units of local government in such State
giving priority to the units of local government that the Director
considers to have the greatest need.
``(c) Federal Share.--The Federal share of a grant made under this
part may not exceed 75 percent of the total costs of the projects
described in the application submitted under section 2502 for the
fiscal year for which the projects receive assistance under this part.
``(d) Geographic Distribution.--The Director shall attempt, to the
extent practicable, to achieve an equitable geographic distribution of
grant awards.
``SEC. 2505. REPORT.
``A State or unit of local government that receives funds under
this part shall submit to the Director a report in March of each fiscal
year that funds are received under this part regarding the
effectiveness of the drug testing project.''.
(b) Conforming Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended by striking the matter relating to part Y and
inserting the following:
``Part Y--Drug Testing for Individuals Arrested
``Sec. 2501. Grant authorization.
``Sec. 2502. State applications.
``Sec. 2503. Local applications.
``Sec. 2504. Allocation and distribution of funds.
``Sec. 2505. Report.
``Part Z--Transition; Effective Date; Repealer
``Sec. 2601. Continuation of rules, authorities, and proceedings.''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793), is amended by adding at the end the
following:
``(22) There are authorized to be appropriated $100,000,000 for the
fiscal years 199____, 199____, and 199____ to carry out the projects
under part Y.''. | Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants for States and local governments to develop, implement, or continue a drug testing project when individuals are arrested and during the pretrial period and after post-conviction release.
Sets forth State and local application requirements. Requires a State, to be eligible to receive funds, to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions.
Provides for the allocation and distribution of funds. Limits the Federal share to 75 percent of total project costs.
Authorizes appropriations. | {"src": "billsum_train", "title": "To provide grants to the States for drug testing projects when individuals are arrested and during the pretrial period."} | 1,506 | 157 | 0.585319 | 1.711574 | 0.788371 | 5.266667 | 10.214815 | 0.896296 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Multifamily Housing Emergency
Disposition Act of 1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the Department of Housing and Urban Development has a
large and growing inventory of multifamily housing projects
owned by the Department and multifamily housing projects
subject to mortgages in foreclosure that are held by the
Department;
(2) the total number of such housing projects in the
inventory of the Department at the beginning of fiscal year
1993 was 444 and is likely to increase to 742 by the end of
fiscal year 1998;
(3) the Secretary of Housing and Urban Development has
estimated that the Department will lose as much as
$11,900,000,000 as a result of mortgage foreclosures on
multifamily housing projects insured by the Department, which
is equivalent to 25 percent of the value of all mortgages
insured under the General Insurance Fund;
(4) the Department is not prepared to manage an inventory
of multifamily housing projects as large as the inventory
expected by the end of fiscal year 1993, resulting in increased
holding and disposition costs for such projects; and
(5) existing laws would require the attachment of
$7,000,000,000 of rental assistance in the form of 15-year
contracts under section 8 of the United States Housing Act of
1937 to eliminate the backlog of multifamily housing projects
in the inventory of the Department.
(b) Purpose.--The purpose of this Act, therefore, is--
(1) to declare that an emergency exists with respect to the
disposition of multifamily housing projects in the inventory of
the Department;
(2) to provide for flexibility in disposing of such
projects by removing some of the statutory requirements that
impede the sale of such projects;
(3) to encourage assistance for residents of such projects
through means other than rental assistance under section 8 of
the United States Housing Act of 1937; and
(4) to maintain, to the maximum extent possible, the low-
income character of such projects while disposing of such
projects in an economical and expeditious manner.
SEC. 3. EMERGENCY PROVISIONS.
(a) Authority.--During the period in which the property disposition
emergency under this Act is in effect pursuant to section 4, the
Secretary of Housing and Urban Development may dispose of any
multifamily housing project in accordance with the provisions this Act.
(b) Applicability of Section 203 Requirements.--The provisions of
section 203 of the Housing and Community Development Amendments of 1978
shall apply to the disposition of multifamily housing projects under
this Act, except to the extent that--
(1) any such provision is waived pursuant to section 5 of
this Act; or
(2) any such provision is inconsistent with any provision
of this Act, and then only to the extent of such inconsistency.
The Secretary may determine whether inconsistencies referred to in
paragraph (2) exist.
(c) Requirements.--In disposing of any subsidized or formerly
subsidized multifamily housing project under this Act, the Secretary
shall, to the extent that budget authority is available--
(1) enter into--
(A) a nonrenewable contract under section 8 of the
United States Housing Act of 1937 having a term of not
less than 60 months and not more than 180 months that
provides project-based assistance for units in the
project; or
(B) annual contributions contracts with the
appropriate public housing agency to provide tenant-
based rental assistance under section 8 of the United
States Housing Act of 1937 for a total term, including
renewals, of not more than 180 months; and
(2) provide the assistance under paragraph (1) on behalf of
all of the very low-income families occupying the project on
the date the project is sold by the Secretary (or such other
prior date as the Secretary may determine appropriate), except
that the Secretary may in addition provide such assistance to
other eligible low-income families occupying such a project on
such date if the Secretary determines that such assistance is
appropriate under market conditions in the area in which the
project is located.
(d) Alternative Requirements.--In lieu of, or in addition to, the
actions required under subsection (c), the Secretary shall--
(1) seek to ensure, through means other than assistance
under such section 8, that rent charges for units in the
project remain affordable (as such term is defined by the
Secretary) for a reasonable period of time determined by the
Secretary;
(2) encourage the provision of assistance from non-Federal
sources to maintain the affordability of rent charges for units
in the project; and
(3) encourage the sale of the project to a local nonprofit
organization.
(e) Unsubsidized Projects.--In connection with the disposition
under this Act of a multifamily housing project that is not a
subsidized or formerly subsidized project, the Secretary is not
required to provide assistance under section 8 of the United States
Housing Act of 1937, but the Secretary may take any of the actions
specified in subsection (d).
(f) Additional Assistance.--In order to facilitate the disposition
of a multifamily housing project under this Act, the Secretary may
provide project-based assistance under section 8 of the United States
Housing Act of 1937 with respect to units for which such assistance is
not required by this Act.
(g) Nonrental Uses of Projects.--In disposing of any multifamily
housing project under this Act, the Secretary may make the project or
units in project available--
(1) for uses related to low-income housing other than
rental or cooperative use, such as low-income homeownership
opportunities, shelters for the homeless, and office space for
resident or housing-related social services providers; and
(2) for any other use, if the Secretary, in consultation
with the local area-wide governing body, determines that such
use will assist efforts to reduce the geographic concentration
of low-income housing opportunities.
SEC. 4. DURATION OF EMERGENCY.
A property disposition emergency under this Act shall be in effect
during the period that--
(1) begins upon the enactment of this Act; and
(2) ends upon the conclusion of the third fiscal year that
begins after the date of the enactment of this Act.
SEC. 5. WAIVER OF DISPOSITION PLAN REQUIREMENTS.
The Secretary may waive any of the provisions of section 203(e) of
the Housing and Community Development Amendments of 1978 with respect
to the disposition of any multifamily housing project under this Act,
as the Secretary determines appropriate to expedite such disposition of
multifamily housing projects.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Multifamily housing project.--The term ``multifamily
housing project'' has the meaning given the term in section
203(i) of the Housing and Community Development Amendments of
1978.
(2) Subsidized project and formerly subsidized project.--
The terms ``subsidized project'' and ``formerly subsidized
project'' have the meanings given the terms in section
203(i)(2) of the Housing and Community Development Amendments
of 1978, except that, notwithstanding subparagraph (E) of such
section, such terms include multifamily housing projects
receiving project-based housing assistance payments under
section 8 of the United States Housing Act of 1937 or under
section 23 of the United States Housing Act of 1937 (as in
effect before January 1, 1975) for 50 percent or fewer of the
units in the project immediately prior to the assignment of the
mortgage on such project to, or acquisition of such mortgage
by, the Secretary.
(3) Low-income and very low-income.--The terms ``low-
income'' and ``very low-income'' have the meanings given such
terms in section 3(b) of the United States Housing Act of 1937.
SEC. 7. CONFORMING AMENDMENT.
Section 203(i)(2)(E) of the Housing and Community Development
Amendments of 1978 (12 U.S.C. 1701z-11(i)(2)(E)) is amended by
inserting ``tenant-based'' before ``certificates''. | FHA Multifamily Housing Emergency Disposition Act of 1993 - Authorizes the Secretary of Housing and Urban Development (HUD) to dispose of HUD-held or -foreclosed multifamily housing projects without regard to specified provisions of the Housing and Community Development Amendments of 1978 during a three-year emergency period. | {"src": "billsum_train", "title": "FHA Multifamily Housing Emergency Disposition Act of 1993"} | 1,735 | 70 | 0.578037 | 1.504332 | 0.614608 | 3.433962 | 30.943396 | 0.867925 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The International Space Station, the Space Launch
System, and the Orion crew capsule will enable the Nation to
continue operations in low-Earth orbit and to send its
astronauts to deep space. As a result of their unique
capabilities and their critical contribution to the future of
space exploration, these systems have been designated by
Congress and the Administration as priority investments.
(2) While the Space Launch System and the Orion programs,
currently under development, have made significant progress,
they have not been funded at levels authorized, and as a result
congressionally authorized milestones will be delayed by
several years.
(3) In addition, contractors are currently holding program
funding, estimated to be in the hundreds of millions of
dollars, to cover the potential termination liability should
the Government choose to terminate a program for convenience.
As a result, hundreds of millions of taxpayer dollars are
unavailable for meaningful work on these programs.
(4) According to the Government Accountability Office, the
Administration procures most of its goods and services through
contracts, and it terminates very few of them. In fiscal year
2010, the Administration terminated 28 of 16,343 active
contracts and orders--a termination rate of about 0.17 percent.
(5) Providing processes requiring congressional action on
termination of these high-priority programs would enable
contractors to apply taxpayer dollars to making maximum
progress in meeting the established technical goals and
schedule milestones of these programs.
SEC. 2. NASA TERMINATION LIABILITY.
(a) General Rule.--Termination liability costs for a covered
program shall be provided only pursuant to this section.
(b) Prohibition on Reserving Funds.--The Administrator may not
reserve funds from amounts appropriated for a covered program, and
shall direct prime contractors not to reserve funds, for potential
termination liability costs with respect to a covered program.
(c) Intent of Congress.--It is the intent of Congress that funds
authorized to be appropriated for covered programs be applied in
meeting established technical goals and schedule milestones.
(d) Void Contractual Provisions.--Any provision in a prime contract
entered into before the date of enactment of this Act that provides for
the payment of termination liability costs through any means other than
as provided in this section is hereby declared to be void and
unenforceable.
(e) Congressional Action; Notice.--
(1) Termination for convenience.--The Administrator may not
initiate termination for the convenience of the Government of a
prime contract on a covered program unless such program
termination is authorized or required by a law enacted after
the date of enactment of this Act.
(2) Termination for cause.--The Administrator shall notify
the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate before initiating termination for
cause of a prime contract on a covered program.
(f) Supplemental Appropriation Request.--
(1) Request.--If the Administrator decides to terminate a
prime contract on a covered program, and sufficient unobligated
appropriations are not available to cover termination liability
costs in the appropriations account that is funding the prime
contract being terminated, the Administrator shall provide to
Congress a notification that an authorization of appropriations
is necessary not later than 120 days in advance of the proposed
contract settlement for the covered program.
(2) Intent of congress.--It is the intent of Congress to
provide additional authorization for appropriations as may be
necessary to pay termination liability costs on prime contracts
for covered programs if Congress deems it appropriate that the
Administration terminate such prime contracts.
SEC. 3. REPORTING.
Not later than 6 months after the date of enactment of this Act,
and every 6 months thereafter for the duration of the prime contracts
on covered programs, the Administrator shall transmit to the Committee
on Science, Space, and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that provides--
(1) the estimated termination liability costs for each of
the prime contracts; and
(2) the basis for how such estimate was determined.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Aeronautics and Space Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Administration.
(3) Covered program.--The term ``covered program'' means
the International Space Station, the Space Launch System, and
the Orion crew capsule.
(4) Orion crew capsule.--The term ``Orion crew capsule''
refers to the multipurpose crew vehicle described in section
303 of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18323).
(5) Prime contractor.--The term ``prime contractor'' means
a person or entity contracting directly with the Federal
Government on a covered program.
(6) Space launch system.--The term ``Space Launch System''
refers to the follow-on Government-owned civil launch system
developed, managed, and operated by the Administration to serve
as a key component to expand human presence beyond low-Earth
orbit, as described in section 302 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18322).
(7) Termination liability costs.--The term ``termination
liability costs'' means any costs incurred by a prime
contractor, or by any subcontractor of a prime contractor, for
which the Federal Government is liable as a result of
termination of a prime contract by the Administrator. | Declares that termination liability costs for the International Space Station (ISS), the Space Launch System, and the Orion crew capsule (covered programs) shall be provided only pursuant to this Act. Prohibits the Administrator of the National Aeronautics and Space Administration (NASA) from reserving funds from amounts appropriated for a covered program, and instructs the Administrator to direct prime contractors not to reserve funds for potential termination liability costs respecting such a program. Declares that it is the intent of Congress that funds authorized to be appropriated for covered programs be applied in meeting established technical goals and schedule milestones. Declares void and unenforceable any provision in a prime contract entered into before enactment of this Act that provides for the payment of termination liability costs through any other means than as provided in this Act. Bars the Administrator from initiating termination of a prime contract on a covered program for the convenience of the government unless it is authorized or required by a law enacted after this Act's enactment. Requires notice to specified congressional committees before initiating termination of a prime contract for cause. Requires the Administrator to notify Congress if an authorization of appropriations is necessary in advance of a proposed program termination because sufficient unobligated appropriations are not available in the appropriations account funding the contract. | {"src": "billsum_train", "title": "To provide for termination liability costs for certain National Aeronautics and Space Administration projects, and for other purposes."} | 1,226 | 297 | 0.632401 | 1.978817 | 0.974202 | 4.627119 | 4.775424 | 0.932203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extended Unemployment Benefits
Reform Act of 2012''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Founding Fathers of this Nation held the value and
virtue of work to be an integral part of the American spirit of
freedom and unity.
(2) Honest work of an individual's choice, whether paid or
unpaid, benefits both the individual and society as a whole.
(3) The betterment of communities through public service
should be encouraged by the Federal Government.
(4) After the first months of eligibility for unemployment
benefits, involvement by an individual in public service will
not infringe on such individual's readiness to work or their
ability to search for employment.
SEC. 3. ADDITIONAL REQUIREMENTS FOR RECEIPT OF EXTENDED UNEMPLOYMENT
BENEFITS.
(a) In General.--Section 3304 of the Internal Revenue Code of 1986
(relating to approval of State unemployment compensation laws) is
amended--
(1) in subsection (a)--
(A) in paragraph (18), by striking ``and'' at the
end;
(B) by redesignating paragraph (19) as paragraph
(20); and
(C) by inserting after paragraph (18) the following
new paragraph:
``(19) extended compensation, including any such
compensation under a temporary program, shall not be payable to
an individual for any week in which such individual does not--
``(A) perform at least 20 hours of public service
(as described in subsection (g)); and
``(B) engage in at least 20 hours of active job
searching (as described in subsection (h)); and''; and
(2) by adding at the end the following new subsections:
``(g) Public Service.--
``(1) In general.--For purposes of subsection (a)(19)(A),
the term `public service' means unpaid service by an individual
to an organization described in section 501(c)(3), or a
Federal, State, or local agency (as permitted in accordance
with applicable Federal, State, and local law), with tangible
evidence to be provided to the State agency by the individual
on a weekly basis demonstrating that the individual has
performed such service during the previous week.
``(2) Exceptions.--For purposes of the public service
requirement under subsection (a)(19)(A), an individual shall be
deemed to have satisfied such requirement for that week if the
individual--
``(A) provides tangible evidence to the State
agency demonstrating that such individual was unable to
perform the required public service for that week due
to an illness or family emergency;
``(B) is a parent of a qualifying child (as defined
in section 152(c)) and provides tangible evidence to
the State agency demonstrating an inability to perform
the required number of hours of public service due to
responsibility for child care;
``(C) provides tangible evidence to the State
agency demonstrating an inability to perform the
required number of hours of public service due to a
lack of available transportation, telephone, or
internet services; or
``(D) provides tangible evidence of a bona fide
attempt to perform public service and, pursuant to such
criteria as is determined appropriate by the State
agency, is determined to be unable to perform such
service due to a lack of available public service
opportunities in the area in which the individual
resides.
``(3) Performance of work activities.--
``(A) In general.--Subject to subparagraph (B), the
total number of hours of public service required under
subsection (a)(19)(A) shall be reduced by 1 hour for
each hour during that week that an individual performs
work activities.
``(B) Minimum public service requirement.--For
purposes of subparagraph (A), any reduction in the
total number of hours of public service required under
subsection (a)(19)(A) based upon performance of work
activities shall not be greater than 15 hours for each
week.
``(C) Definition of work activities.--For purposes
of this paragraph, the term `work activities' has the
same meaning as provided under subsection (d) of
section 407 of the Social Security Act (42 U.S.C. 607),
except that such activities shall not include job
searching, as described in paragraph (6) of such
subsection.
``(h) Active Search for Employment.--
``(1) In general.--For purposes of subsection (a)(19)(B),
the term `active job searching' means an active and ongoing
search for employment by an individual, with tangible evidence
of such search to be provided to the State agency by the
individual on a weekly basis, which shall include a record of
potential employers contacted by the individual (including
relevant contact information for such employers) and such other
information as determined appropriate by the State agency.
``(2) Alternative job search requirements.--The State
agency may reduce the total number of hours of active job
searching required under subparagraph (A) of subsection (a)(19)
and provide alternative job search requirements for an
individual who has met the requirements under subparagraphs (A)
and (B) of such subsection for a period of not less than 12
weeks.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on July 1,
2012.
(2) Delay permitted if state legislation required.--In the
case of a State which the Secretary of Labor determines
requires State legislation (other than legislation
appropriating funds) in order for the State law to meet the
additional requirements imposed by the amendments made by
subsection (a), the State law shall not be regarded as failing
to comply with the requirements of such section 3304(a)(19) of
the Internal Revenue Code of 1986, as added by such amendments,
solely on the basis of the failure of the State law to meet
such additional requirements before the 1st day of the 1st
calendar quarter beginning after the close of the 1st regular
session of the State legislature that begins after the date of
enactment of this Act. For purposes of the previous sentence,
in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate
regular session of the State legislature. | Extended Unemployment Benefits Reform Act of 2012 - Amends the Internal Revenue Code (relating to approval of state unemployment compensation [UC] laws) to prohibit state payment of extended UC to an individual, even under a temporary program, for any week in which he or she does not: (1) perform at least 20 hours of unpaid public service to a charitable organization, except in specified circumstances; and (2) engage in at least 20 hours of active job searching.
Authorizes a state to reduce the required 20 hours of active job searching, and prescribe alternative job search requirements, for any individual who has met both the public service and active job searching requirements for at least 12 weeks. | {"src": "billsum_train", "title": "A bill to require participation in public service and engagement in an active job search as conditions for receipt of extended unemployment benefits."} | 1,399 | 143 | 0.572787 | 1.582732 | 0.680662 | 3.335821 | 9.88806 | 0.88806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salmon Economic Analysis and
Planning Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares the following:
(1) Certain species of salmon and steelhead in the Columbia
and Snake River Basin are on the brink of extinction as a
consequence of various factors, including hydroelectric
projects, harvest management practices, habitat degradation,
altered in stream flow, and unsound hatchery practices.
(2) These salmon and steelhead have major economic,
ecological, educational, recreational, scientific, cultural,
and spiritual significance to the Nation and its people.
(3) The Federal Government and ratepayers in the Pacific
Northwest have spent more than $6,000,000,000 on salmon
recovery efforts.
(4) Thirteen salmon and steelhead species in the Columbia
and Snake River Basin are listed for protections under the
Endangered Species Act of 1973 (6 U.S.C. 1531 et seq.).
(5) Salmon and steelhead extinction could cost taxpayers
billions of dollars.
(6) Salmon and steelhead are symbols of the Pacific
Northwest, support thousands of jobs in coastal and inland
communities, and serve as an indicator of the health of
Northern California and Pacific Northwest river ecosystems.
(7) Salmon and steelhead of the Snake River are a vital
economic resource to communities in Alaska, Washington, Oregon,
Idaho, and California. Restoring Snake River salmon to healthy,
self-sustaining, harvestable levels will have significant
economic benefits for these communities. Understanding these
benefits is imperative to setting public policy on salmon
restoration efforts in the Northwest.
(8) The original range of Snake River salmon included not
only their existing habitat in central Idaho, northeast Oregon,
southeast Washington, the lower Columbia River, and the coastal
waters of Alaska, California, Oregon, and Washington, but also
currently inaccessible habitat in the upper Snake River Basin,
including southern Idaho, southeast Oregon, and northern
Nevada.
(9) The United States Government has signed treaties with
Indian tribes in Oregon, Washington, Montana, and Idaho and
with the Government of Canada creating a legally enforceable
trust responsibility to restore salmon populations to
sustainable, harvestable levels.
(10) Since the construction of 4 Federal dams on the lower
Snake River in Washington, salmon and steelhead populations in
the Snake River have significantly declined, and all salmon and
steelhead in the Snake River are extinct or listed as
endangered or threatened under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(11) Recent studies indicate that the time remaining to
protect remaining Snake River salmon and steelhead is short,
with scientists estimating that, if changes do not occur, many
if not all of the remaining Snake River salmon and steelhead
populations will be extinct in our lifetime.
(12) A federally funded group of State, tribal, Federal,
and independent scientists found that partially removing the 4
lower Snake River dams in Washington is the surest way to
protect and recover Snake River salmon and steelhead.
(13) Several communities that rely on the 4 lower Snake
River dams would be affected by partial dam removal.
(14) A Federal court has found that the 4 lower Snake River
dams violate water quality standards under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
(15) Energy production in the Northwest is heavily
dependent upon hydropower and thus, the prospects for salmon
recovery and hydropower management are inextricably linked.
(b) Purposes.--The purposes of this Act are--
(1) to ensure the protection and recovery of Columbia and
Snake River salmon and steelhead to self-sustaining,
harvestable levels, while providing for reliable, reasonably
priced energy in the Northwest and an economically sustainable
salmon recovery program, and to maximize the potential economic
benefits from potential dam removal while mitigating for its
impacts; and
(2) to ensure that the Northwest and the Nation have
completed the necessary planning and evaluation to efficiently
manage salmon recovery, implement biologically effective
measures, and respond rapidly if major new actions are
necessary to protect and recover salmon and steelhead in the
Columbia and Snake River Basin.
SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RECOVERY EFFORTS.
(a) In General.--Not later than 3 months after the date of
enactment of this Act, the Secretary of Commerce shall enter into an
arrangement with the National Academy of Sciences providing for
scientific analysis of Federal salmon protection, restoration, and
recovery actions (hereinafter ``recovery actions'') and submission of a
report on the results of the analysis in accordance with subsection
(c).
(b) Subjects of Analysis.--
(1) In general.--For purposes of this section, scientific
analysis shall include, at a minimum, review of--
(A) the biological effectiveness of--
(i) current Federal recovery actions for
Columbia and Snake River Basin salmon and
steelhead populations; and
(ii) anticipated Federal recovery actions
for such populations, including those actions
currently in the planning stage or proposed in
the most current Federal Columbia River Power
System biological opinion; and
(B) the timelines for, and feasibility of,
implementing those recovery actions.
(2) Comparison of effectiveness.--In such review, the
effectiveness of those actions--
(A) shall be compared to the effectiveness of a
Federal salmon recovery strategy that includes, but is
not limited to, partial dam removal; and
(B) shall be evaluated and compared with respect to
whether they are likely to achieve recovery to self-
sustaining, harvestable population levels of naturally
spawning, wild salmon and steelhead populations listed
under section 4(c) of the Endangered Species Act of
1973 (16 U.S.C. 1533).
(3) Identification of limiting factors.--The analysis shall
also identify limiting factors to salmon and steelhead recovery
including the impacts of tributary habitat degradation, salmon
harvest, hatcheries, and hydropower dams.
(4) Global climate change analysis.--The analysis shall
also--
(A) identify the effect of global climate change on
ocean conditions and on hydrological conditions in the
Snake and Columbia Rivers and their salmon and
steelhead-bearing tributaries; and
(B) examine how such global climate change effects
might affect the Federal recovery actions necessary to
achieve recovery of naturally spawning, wild salmon and
steelhead populations to self-sustaining, harvestable
levels.
(c) Report.--Not later than 8 months after the date of enactment of
this Act, the National Academy of Sciences shall submit a final report
on the results of the scientific analysis conducted under this section
to the Secretary of Commerce and the Congress.
SEC. 4. STUDIES REGARDING REMOVAL OF LOWER SNAKE RIVER DAMS.
(a) Study of Assessments of Effects and Costs of Dam Removal.--The
Comptroller General of the United States shall conduct a study
reviewing the various assessments that have been conducted by Federal
agencies and others regarding the potential effects and costs of
partially and fully removing the 4 lower Snake River dams. The
Comptroller General's review shall include a comparison of the scope
and methodologies used in, findings of, and recommendations made in
those studies that have addressed any or all of the following:
(1) The economic effects of dam removal and recovered Snake
River salmon and steelhead populations for communities near the
dams, for communities upstream from the dams, and for
downstream and coastal communities, including downstream and
coastal communities located within the boundaries of Alaska,
California, and Canada. This analysis should include the
impacts on commercial fishing, sport fishing, and nonfishing
recreation such as boating and camping, including employment
gains or losses that would result from removing the lower Snake
River dams and replacing their energy, navigation, and water
supply benefits in the most cost-effective manner.
(2) The effects of dam removal on freight transportation,
including--
(A) the feasibility, costs, and sufficiency of
various alternative transportation configurations
utilizing existing or upgraded railroads, highways,
Columbia River barges, or other means;
(B) the economic benefits and costs of various
alternatives for replacing the dams' freight
transportation benefits;
(C) the environmental impact of shifting to such
alternatives;
(D) the means for mitigating any environmental harm
that might be caused by the use of such alternatives;
and
(E) any development or expansion of such
alternatives that would be required to continue
transporting the same amount of cargo that is currently
transported on the lower Snake River.
(3) The effects of dam removal on irrigation, including the
availability of alternatives to replace irrigation water or to
extend irrigation pumps.
(4) The effects of dam removal on energy production,
including the regional effects of any changes in energy
production, identification of alternative renewable energy
sources or energy efficiency measures that could replace any
loss in energy production, and the benefits and costs of such
energy alternatives.
(5) The economic effects of extinction of the salmon and
steelhead populations in the Snake River.
(b) Review of Dam Removal Engineering Cost Determinations by Corps
of Engineers.--The Comptroller General of the United States shall
conduct a study reviewing and determining the accuracy of the
engineering costs associated with dam removal as determined by the
February 2002 Army Corps of Engineers Lower Snake River Juvenile Salmon
Migration Feasibility Report/Environmental Impact Statement.
(c) Reports.--Not later than 12 months after the date of enactment
of this Act, the Comptroller General shall submit to the Congress final
reports on both of the studies required under this section.
SEC. 5. DEFINITIONS.
In this Act, the following definitions apply:
(1) Federal salmon recovery actions.--The term ``Federal
salmon recovery actions'' means Federal actions required to
protect, recover, and restore salmon and steelhead in the
Columbia and Snake River basin that are listed under section
4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).
(2) Lower snake river dams.--The term ``4 lower Snake River
dams'' means the following dams on the Snake River in
Washington:
(A) The Ice Harbor dam.
(B) The Lower Monumental dam.
(C) The Little Goose dam.
(D) The Lower Granite dam.
(3) Populations.--The term ``populations'' means the 13
evolutionarily significant units of salmon and steelhead in the
Columbia and Snake River Basin that are listed under section
4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).
(4) Partial removal.--The terms ``partially removing'' and
``partial dam removal'' mean removing only the earthen portions
of the lower Snake River dams and leaving the powerhouse and
turbines in place. | Salmon Economic Analysis and Planning Act - Requires the Secretary of Commerce to enter into an arrangement with the National Academy of Sciences for scientific analysis of federal salmon protection, restoration, and recovery actions. Requires such analysis to include: (1) the biological effectiveness of current recovery actions for Columbia and Snake River Basin salmon and steelhead populations; (2) a comparison of the effectiveness of salmon recovery actions; and (3) an identification of limiting factors and global climate change on salmon recovery actions.
Requires the Comptroller General to study the potential effects and costs of partially and fully removing the four lower Snake River dams, including those on: (1) the economy of surrounding communities; (2) freight transportation; (3) irrigation; (4) energy production; and (5) the extinction of salmon and steelhead populations in the Snake River. Requires the Comptroller General to study the accuracy of the engineering costs associated with dam removal as determined by the February 2002 Army Corps of Engineers Lower Snake River Juvenile Salmon Migration Feasibility Report/Environmental Impact Statement. | {"src": "billsum_train", "title": "To ensure that proper information gathering and planning are undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River Basin in a manner that protects and enhances local communities, ensures effective expenditure of Federal resources, and maintains reasonably priced, reliable power, to direct the Secretary of Commerce to seek scientific analysis of Federal efforts to restore salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes."} | 2,342 | 226 | 0.590246 | 1.738827 | 0.760424 | 4.534314 | 10.745098 | 0.965686 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fulfilling Our Responsibility for
Efficient and Sustainable Timber Supply Act of 2013'' or the ``FORESTS
Act of 2013''.
SEC. 2. STEWARDSHIP END RESULT CONTRACTING AUTHORITY.
(a) Extension of Authority.--Subsection (a) of section 347 of the
Department of the Interior and Related Agencies Appropriations Act,
1999 (as contained in section 101(e) of division A of Public Law 105-
277; 16 U.S.C. 2104 note), as most recently amended by section 323 of
Public Law 108-7 (117 Stat. 275), is amended by striking ``Until
September 30, 2013'' and inserting ``Until September 30, 2023''.
(b) Contract Duration and Terms.--Subsection (c) of such section is
amended--
(1) in paragraph (2), by striking ``10 years'' and
inserting ``20 years''; and
(2) in paragraph (4), by adding at the end the following
new sentence: ``However, when the timber sale component of a
Forest Service agreement or contracts under subsection (a)
exceeds the resource component of agreement or contract, the
timber sale contract authority applies to the timber sale.''.
(c) Cancellation or Termination Costs.--Subsection (c) of such
section is amended by adding at the end the following new paragraph:
``(6) Cancellation or termination costs.--
``(A) In general.--Notwithstanding section 3903 of
title 41, United States Code, the Secretary of
Agriculture and the Secretary of the Interior are not
required to obligate funds to cover the cost of
cancelling or terminating a multiyear stewardship
contract or agreement until such contract or agreement
is cancelled or terminated.
``(B) Funding sources.--The costs of cancelling or
terminating of a multiyear stewardship contract or
agreement may be paid from--
``(i) appropriations originally made
available for the performance of the contract
or agreement;
``(ii) appropriations currently available
for procurement of the type of service
concerned, and not otherwise obligated; or
``(iii) funds appropriated for payments for
that performance or procurement.
``(C) Anti-deficiency act violations.--In a case in
which payment or obligation of funds under this
paragraph would constitute a violation of section 1341
of title 31, United States Code (commonly known as the
Anti-Deficiency Act), the Secretary may--
``(i) seek a supplemental appropriation; or
``(ii) request funds from the permanent
judgment appropriation established pursuant to
section 1304 of such title.''.
(d) Payments to Counties.--Subsection (d) of such section is
amended by adding at the end the following new paragraph:
``(4) Payments to counties.--25 percent of timber sale
receipts from a contract or agreement entered into under the
authority of this section and after the date of the enactment
of this paragraph shall be paid to the county within whose
boundaries the receipts are derived. Payments to a county made
under this paragraph shall be in addition to the amounts
received under chapter 69 of title 31, United States Code
(Payment in Lieu of Taxes; 31 U.S.C. 6901 et seq.).''.
SEC. 3. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-NEIGHBOR
COOPERATION.
(a) Definitions.--In this section:
(1) Eligible state.--The term ``eligible State'' means a
State that contains National Forest System land or Bureau of
Land Management land.
(2) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a))); or
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)).
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, in the case of
National Forest System land; and
(B) the Secretary of the Interior, in the case of
public lands administered by the Secretary of the
Interior through the Bureau of Land Management.
(4) State forester.--The term ``State Forester'' means the
head of a State agency with jurisdiction over State forestry
programs in an eligible State.
(b) Cooperative Agreements and Contracts.--
(1) In general.--The Secretary concerned may enter into a
cooperative agreement or contract (including a sole source
contract) with a State Forester to authorize the State Forester
to provide the forest, rangeland, and watershed restoration,
management, and protection services described in paragraph (2)
on Federal lands administered by the Secretary concerned in the
eligible State.
(2) Authorized services.--The forest, rangeland, and
watershed restoration, management, and protection services
referred to in paragraph (1) include the conduct of--
(A) activities to treat insect infected forests;
(B) activities to reduce hazardous fuels;
(C) activities involving commercial harvesting or
other mechanical vegetative treatments; or
(D) any other activities determined by the
Secretary concerned to be appropriate to restore or
improve forest, rangeland, and watershed health,
including fish and wildlife habitat.
(3) State as agent.--Except as provided in paragraph (6), a
cooperative agreement or contract entered into under paragraph
(1) may authorize the State Forester to serve as the agent for
the Secretary concerned in providing the restoration,
management, and protection services authorized under that
paragraph. Even though the State Forester serves as the agent
for the Secretary concerned, the employment laws otherwise
applicable to the State, rather than the employment laws
applicable to the Forest Service or Bureau of Land Management,
shall control with regard to the cooperative agreement or
contract and any subcontract.
(4) Subcontracts.--In accordance with applicable contract
procedures for the eligible State, a State Forester may enter
into subcontracts to provide the restoration, management, and
protection services authorized under a cooperative agreement or
contract entered into under paragraph (1).
(5) Timber sales.--Subsections (d) and (g) of section 14 of
the National Forest Management Act of 1976 (16 U.S.C. 472a)
shall not apply to services performed under a cooperative
agreement or contract entered into under paragraph (1).
(6) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to any
restoration, management, and protection services to be provided
under this section by a State Forester on Federal land, shall
not be delegated to a State Forester or any other officer or
employee of the eligible State.
(c) Applicable Law.--The restoration, management, and protection
services to be provided under this section shall be carried out on a
project-to-project basis under existing applicable authorities of the
Forest Service and the Bureau of Land Management.
(d) Termination of Effectiveness.--The authority of the Secretary
concerned to enter into cooperative agreements and contracts under this
Act terminates on September 30, 2023.
(e) Duration of Contracts.--A cooperative agreement or contract
entered into under this Act shall not extend beyond 20 years. | Fulfilling Our Responsibility for Efficient and Sustainable Timber Supply Act of 2013 or the FORESTS Act of 2013 - Extends through FY2023 the authority for the Forest Service and the Bureau of Land Management (BLM) to enter into stewardship end result contracting projects with private persons or other public or private entities to perform services to achieve land management goals for national forests and public lands that meet local and rural community needs. Prohibits a multiyear stewardship contract from exceeding a 20-year period (under current law, a 10-year period). Bars the Secretary of Agriculture (USDA) and the Secretary of the Interior (the Secretaries) from being required to obligate funds to cover the costs of cancelling or terminating multiyear stewardship contracts or agreements until they are cancelled or terminated. Specifies the funding sources from which the costs of cancelling or terminating a multiyear stewardship contract may be paid. Requires 25% of timber sale receipts from a multiyear stewardship contract or agreement to be paid to the county within whose boundaries the receipts are derived. Authorizes the Secretaries to enter into cooperative agreements and contracts with state foresters to provide forest, rangeland, and watershed restoration and protection services. Permits state foresters to enter into subcontracts to provide such restoration and protection services. Prohibits the extension of such an agreement or contract beyond a 20-year period. | {"src": "billsum_train", "title": "FORESTS Act of 2013"} | 1,701 | 323 | 0.62052 | 1.935783 | 0.825445 | 2.826772 | 5.897638 | 0.818898 |
SECTION 1. REQUIREMENTS RELATING TO DISPOSAL OF NAPALM AND OTHER
MATERIALS OWNED OR CONTROLLED BY THE DEPARTMENT OF
DEFENSE.
(a) In General.--The Secretary of Defense shall carry out the
requirements set forth in this section before disposing of napalm or
other materials covered by this Act.
(b) Public Education and Outreach.--
(1) In general.--Not later than 120 days before a project
for the disposal of napalm or other materials covered by this
Act begins, the Secretary of Defense shall inform the public
about the disposal project in communities near the disposal
site and along the disposal shipment route, through public
outreach that includes briefings to elected officials, public
safety agencies, and citizen groups. The information provided
shall include the master implementation plan developed by the
Secretary under section 2.
(2) Outreach office.--The Secretary of Defense shall
establish an outreach office near the disposal site staffed by
personnel of the Department of Defense.
(3) Mobile outreach unit.--The Secretary of Defense shall
provide for a mobile outreach unit to provide information to
the public about the disposal project at various locations and
events in communities near the disposal site.
(4) Information repositories.--The Secretary of Defense
shall establish repositories of information about the disposal
project near the disposal site.
(5) Citizens' advisory commission.--The Secretary of
Defense shall establish a Citizens' Advisory Commission
composed of local elected officials, officials from State and
local public safety agencies, citizen groups, and personnel of
the Department of Defense for the purpose of studying and
commenting on issues of concern to citizens about the disposal
project.
(c) Protection of the Public and Workers.--
(1) Certification of emergency response entities.--Before
carrying out a project for the disposal of napalm or other
materials covered by this Act, the Secretary of Defense shall
certify the adequacy of the training and response capabilities
of entities, such as police departments, fire departments, and
State hazardous materials teams, that are likely to respond
first to emergencies near the disposal site and along the
disposal shipment route.
(2) Certification of public health and welfare.--The
Secretary of Defense shall obtain from the Secretary of Health
and Human Services a certification that the health and the
welfare of the public and of workers are protected near the
disposal site and along the disposal shipment route. The
Secretary of Health and Human Services may make such
certification only after receiving advice from, and the
concurrence of, appropriate State and local health and public
safety agencies.
(3) Certification of worker safety.--The Secretary of
Defense shall obtain from the Occupational Safety and Health
Administration a certification that the disposal site is safe
for workers responsible for the disposal project and that the
workers are properly trained to carry out the disposal project.
(d) Protection of the Environment.--
(1) Environmental impact statement.--The Secretary of
Defense shall complete an environmental impact statement for
any project for the disposal of napalm or other materials
covered by this Act. Before completing the statement, the
Secretary shall solicit comments relating to the scope of the
statement from State and local governments and citizen groups.
(2) Monitoring of air, soil, and water.--The Secretary of
Defense shall provide funds for the Secretary of Health and
Human Services to monitor, collect, and review samples of air,
soil, and water near the disposal site and along the disposal
shipment route to ensure the protection of human health and the
environment during the disposal project.
(e) Alternative Technologies.--
(1) Study.--Before carrying out a project for the disposal
of napalm or other materials covered by this Act, the Secretary
of Defense shall study alternative technologies for the
disposal, in coordination with State and local governments and
citizen groups.
(2) Test.--The Secretary of Defense shall conduct a test of
alternative technologies for the disposal, to the extent
possible.
(f) National Academy of Sciences.--
(1) Advice.--The Secretary of Defense shall request the
National Academy of Sciences to provide scientific and
technical advice regarding disposal of napalm and other
materials covered by this Act.
(2) Investigation of safety and performance.--The Secretary
of Defense shall request and provide funds for the National
Academy of Sciences to investigate the safety and performance
of any project for such disposal.
SEC. 2. MASTER IMPLEMENTATION PLAN.
(a) Requirement.--For any project for the disposal of napalm and
other materials covered by this Act, the Secretary of Defense shall
develop a master implementation plan.
(b) Matters Included.--The plan shall include schedules for the
disposal project and information on the manner in which the Secretary
plans to achieve each of the requirements set forth in section 1.
(c) Updates.--The Secretary shall update the plan each week with
information about the progress being made in achieving the requirements
set forth in section 1.
(d) Availability.--The plan shall be available to the public in the
information repositories referred to in section 1(b)(4).
SEC. 3. MATERIALS COVERED.
This Act applies to the following materials, if they are owned or
controlled by the Department of Defense:
(1) Napalm.
(2) Any material that includes polystyrene, gasoline, and
benzene.
(3) Ammunition larger than ammunition of a caliber for
small arms.
(4) Explosives.
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ``disposal'' means recycling, neutralization,
burning, or permanent storage.
(2) The term ``near'', with respect to a disposal site,
means within 10 miles of the site.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this
Act. | Directs the Secretary of Defense to inform the public through an outreach program in communities near a disposal site (within ten miles) and along the disposal shipment route no later than 120 days before the disposal of: (1) napalm; (2) any material that includes polystyrene, gasoline, and benzene; (3) ammunition larger than small- caliber ammunition; or (4) explosives.
Requires the Secretary to: (1) establish near the disposal site an outreach office (staffed by Department of Defense personnel) and information repositories; (2) provide a mobile outreach unit to service communities near the site; and (3) establish a Citizens' Advisory Committee to study and comment on disposal issues of concern to the community.
Requires the Secretary, before carrying out a disposal project, to certify the training adequacy and capabilities of entities that are likely to respond to an emergency. Directs the Secretary to obtain from the: (1) Secretary of Health and Human Services (HHS) a certification that the health and welfare of the public and of workers are protected near the site and along the route; and (2) Occupational Safety and Health Administration a certification that the site is safe for disposal workers and that such workers are properly trained for such work.
Requires the Secretary, after soliciting appropriate comments, to complete an environmental impact statement for any such disposal project. Directs the Secretary to provide funds to the HHS Secretary to monitor, collect, and review air, soil, and water samples near the site and along the route to ensure the protection during the project of human health and the environment. Requires the Secretary, before carrying out any such project, to study and test alternative technologies for the disposal.
Directs the Secretary to obtain scientific and technical advice regarding such disposals from the National Academy of Sciences and to provide funds to the Academy to investigate the safety and performance of any disposal project.
Requires the Secretary, for any such project, to develop a master implementation plan, with weekly plan updates, to be made available to the public through the information repositories required under this Act. | {"src": "billsum_train", "title": "To require additional public education, outreach, and participation with respect to the disposal of napalm and certain other materials owned or controlled by the Department of Defense, and for other purposes."} | 1,237 | 445 | 0.737833 | 2.412457 | 0.770429 | 3.282609 | 2.811594 | 0.910628 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sergeant Coleman S. Bean Reserve
Component Suicide Prevention Act''.
SEC. 2. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY RESERVE AND
INDIVIDUAL MOBILIZATION AUGMENTEES.
(a) Finding.--Congress finds that a veteran who is either a member
of the Individual Ready Reserve, an Individual Mobilization Augmentee,
or an inactive member of the National Guard and is not assigned to a
unit that musters regularly and has an established support structure is
less likely to be helped by existing suicide prevention programs
carried out by the Secretary of Defense and the Secretary of Veterans
Affairs.
(b) In General.--
(1) Suicide prevention.--Chapter 55 of title 10, United
States Code, is amended by adding after section 1074l the
following new section:
``Sec. 1074m. Suicide prevention for members of the Individual Ready
Reserve, individual mobilization augmentees, and inactive
members of the National Guard
``(a) In General.--The Secretary of Defense shall ensure that each
covered member receives a telephone call described in subsection (b)
not less than once every 90 days during the period in which--
``(1) the covered member is a member of the Individual
Ready Reserve;
``(2) the Secretary determines that the covered member is
an individual mobilization augmentee; or
``(3) the covered member is a member of the inactive
National Guard.
``(b) Counseling Call.--A telephone call described in this
subsection is a call from properly trained personnel to determine the
emotional, psychological, medical, and career needs and concerns of the
covered member.
``(c) Referral.--(1) The personnel making a telephone call
described in subsection (b) shall refer a covered member identified as
being at-risk of self-caused harm to the nearest military medical
treatment facility, accredited TRICARE provider, or other private
provider in accordance with paragraph (3) for immediate evaluation and
treatment by a qualified mental health care provider.
``(2) If a covered member is referred under paragraph (1), the
Secretary shall confirm that the member has received the evaluation and
any necessary treatment.
``(3) In carrying out paragraph (1), the Secretary shall refer a
covered member to a qualified private mental health care provider if
the Secretary determines that such private provider will ensure that
such member will receive treatment and assistance without delay.
``(d) Reports.--Not later than January 31 of each year, beginning
in 2013, the Secretary shall submit to Congress a report on--
``(1) the number of covered members who have been referred
for counseling or mental health treatment under this section,
as well as the health and career status of such members; and
``(2) any resource, regulatory, or statutory issues that
may be impeding the counseling calls under this section from
reaching all covered members.
``(e) Covered Member Defined.--In this section, the term `covered
member' means--
``(1) a member of the Individual Ready Reserve described in
section 10144(b) of this title who has deployed to Afghanistan
or Iraq in support of a contingency operation on or after
September 11, 2001;
``(2) a member of a reserve component who the Secretary
determines is an individual mobilization augmentee who has
deployed to Afghanistan or Iraq in support of a contingency
operation on or after September 11, 2001; or
``(3) a member of the inactive National Guard who has
deployed to Afghanistan or Iraq in support of a contingency
operation on or after September 11, 2001.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074l the following new item:
``1074m. Suicide prevention for members of the Individual Ready
Reserve, individual mobilization
augmentees, and inactive members of the
National Guard.''.
(c) GAO Report.--The Comptroller General of the United States, in
cooperation with the Secretary of Defense, shall submit to Congress a
report on suicide among covered members (as defined in section 1074m(e)
of title 10, United States Code, as added by subsection (b)), including
how many such members who have separated from service have committed
suicide.
(d) Use of Peer Counseling.--Consistent with the findings of the
August 2010 report titled ``The Final Report of the Department of
Defense Task Force on the Prevention of Suicide by Members of the Armed
Forces'', the Secretary of Defense shall develop, evaluate, and more
widely disseminate programs (including peer-to-peer counseling) that
promote--
(1) connectedness between members of the Armed Forces and
the family, peers, and the immediate chain of command of the
members; and
(2) suicide risk identification and response with
particular emphasis on members of the Reserve Components. | Sergeant Coleman S. Bean Individual Ready Reserve Component Suicide Prevention Act - Directs the Secretary of Defense (DOD) to ensure that each of the following individuals receive, at least once every 90 days, a telephone call from properly-trained DOD personnel to determine their emotional, psychological, medical, and career needs and concerns: (1) members of the Individual Ready Reserve who deployed to Afghanistan or Iraq in support of a contingency operation, (2) a member of a reserve component who the Secretary determines is an individual mobilization augmentee who has so deployed, or (3) a member of the inactive National Guard.
Requires the person making the call to refer a member identified as being at-risk of self-caused harm to the nearest military medical treatment facility or accredited TRICARE (a DOD managed health care program) provider for immediate evaluation and necessary treatment. Directs the Secretary to refer such member to a private provider upon determining that such provider will ensure that the member will receive treatment and assistance without delay.
Requires annual reports from the Secretary to Congress on the number of members so referred, as well as their health and career status, and any situations that may be impeding the counseling calls from reaching all appropriate members.
Requires a one-time report from the Comptroller General to Congress on suicide among such members.
Directs the Secretary to develop, evaluate, and more widely disseminate programs that promote: (1) connectivity between members of the Armed Forces and their family, peers, and immediate chain of command; and (2) suicide risk identification and response, with particular emphasis on members of reserve components. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to direct the Secretary of Defense to provide members of the Individual Ready Reserve, Individual Mobilization Augmentees, and inactive members of the National Guard who served in Afghanistan or Iraq with information on counseling to prevent suicide, and for other purposes."} | 1,102 | 353 | 0.72343 | 2.193488 | 0.926181 | 4.621019 | 3.226115 | 0.907643 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Family Priority Act''.
SEC. 2. CHANGE IN FAMILY-SPONSORED IMMIGRANT CATEGORIES.
Section 203(a) of the Immigration and Nationality Act (8 U.S.C.
1153(a)) is amended to read as follows:
``(a) Preference Allocation for Spouses and Children of Permanent
Resident Aliens.--Qualified immigrants who are the spouses or children
of an alien lawfully admitted for permanent residence shall be allotted
visas in a number not to exceed the worldwide level specified in
section 201(c).''.
SEC. 3. CHANGE IN WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS.
Section 201(c) of the Immigration and Nationality Act (8 U.S.C.
1151(c)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) The worldwide level of family-sponsored immigrants
under this subsection for a fiscal year is equal to--
``(A) 88,000; minus
``(B) the number computed under paragraph (2).'';
(2) by striking paragraphs (2), (3), and (5); and
(3) by redesignating paragraph (4) as paragraph (2).
SEC. 4. CONFORMING AMENDMENTS.
(a) Numerical Limitation to Any Single Foreign State.--Section 202
of the Immigration and Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(4)--
(A) by amending subparagraphs (A) and (B) to read
as follows:
``(A) 75 percent of family-sponsored immigrants not
subject to per country limitation.--Of the visa numbers
made available under section 203(a) in any fiscal year,
75 percent shall be issued without regard to the
numerical limitation under paragraph (2).
``(B) Treatment of remaining 25 percent for
countries subject to subsection (e).--
``(i) In general.--Of the visa numbers made
available under section 203(a) in any fiscal
year, the remaining 25 percent shall be
available, in the case of a foreign state or
dependent area that is subject to subsection
(e) only to the extent that the total number of
visas issued in accordance with subsection (A)
to natives of the foreign state or dependent
area is less than the subsection (e) ceiling
(as defined in clause (ii)).
``(ii) Subsection (e) ceiling defined.--In
clause (i), the term `subsection (e) ceiling'
means, for a foreign state or dependent area,
77 percent of the maximum number of visas that
may be made available under section 203(a) to
immigrants who are natives of the state or area
consistent with subsection (e).''; and
(B) by striking subparagraphs (C) and (D); and
(2) in subsection (e)--
(A) in paragraph (1), by adding ``and'' at the end;
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(C) in the final sentence, by striking
``respectively,'' and all that follows through the
period at the end and inserting ``respectively.''.
(b) Rules for Determining Whether Certain Aliens Are Children.--
Section 203(h) of the Immigration and Nationality Act (8 U.S.C.
1153(h)) is amended by striking ``(a)(2)(A)'' each place such term
appears and inserting ``(a)''.
(c) Procedure for Granting Immigrant Status.--Section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(i), by striking ``to
classification by reason of a relationship described in
paragraph (1), (3), or (4) of section 203(a) or'';
(B) in subparagraph (B), by striking
``203(a)(2)(A)'' and ``203(a)(2)'' each place such
terms appear and inserting ``203(a)''; and
(C) in subparagraph (D)(i)(I), by striking ``a
petitioner for preference status under paragraph (1),
(2), or (3)'' and all that follows through the period
at the end and inserting ``an individual under 21 years
of age for purposes of adjudicating such petition and
for purposes of admission as an immediate relative
under section 201(b)(2)(A)(i) or a family-sponsored
immigrant under section 203(a), as appropriate,
notwithstanding the actual age of the individual.'';
(2) in subsection (f)(1), by striking ``201(b), 203(a)(1),
or 203(a)(3), as appropriate.'' and inserting ``201(b).''; and
(3) by striking subsection (k).
(d) Waivers of Inadmissibility.--Section 212(d)(11) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is amended by
striking ``(other than paragraph (4) thereof)''.
(e) Conditional Permanent Resident Status for Certain Alien Spouses
and Sons and Daughters.--Section 216(g)(1)(C) of the Immigration and
Nationality Act (8 U.S.C. 1186a(g)(1)(C)) is amended by striking
``203(a)(2)'' and inserting ``203(a)''.
(f) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended
by striking ``203(a)(2)'' and inserting ``203(a)''.
SEC. 5. EFFECTIVE DATE; APPLICABILITY.
The amendments made by this Act shall take effect on the first day
of the second fiscal year that begins after the date of the enactment
of this Act, except that the following shall be considered invalid:
(1) Any petition under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) seeking classification of an
alien under a family-sponsored immigrant category eliminated by
the amendments made by this Act that is filed after the date of
the introduction of this Act.
(2) Any application for an immigrant visa based on a
petition described in paragraph (1). | Nuclear Family Priority Act - Amends the Immigration and Nationality Act to replace existing family-sponsored immigrant categories with a single preference allocation for spouses and children of permanent resident aliens.
Reduces the number of, and revises the calculation for, fiscal year family-sponsored immigrant entrants. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to make changes related to family-sponsored immigrants and to reduce the number of such immigrants."} | 1,536 | 71 | 0.504224 | 1.187777 | 0.889546 | 3.283019 | 23.792453 | 0.867925 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The First Special Service Force (in this Act referred
to as the ``Force'') was organized as a joint American-Canadian
unit activated in July 1942 at Fort Harrison near Helena,
Montana.
(2) The Force was initially intended to target military and
industrial installations that were supporting the German war
effort, including important hydroelectric plants, which would
severely limit the production of strategic materials used by
the Axis powers.
(3) From July 1942 through June 1943, volunteers of the
Force trained in hazardous, arctic conditions, in the mountains
of western Montana, and the waterways of Camp Bradford,
Virginia.
(4) The combat echelon of the Force totaled 1,800
soldiers--half American, half Canadian. There were also 800
American members of the Service Battalion, which provided
important support for the combat troops.
(5) A special bond developed between the Canadian and
American soldiers. They were not segregated by geography,
although it was commanded by an American colonel.
(6) The Force was unique, as it was the only unit formed
during World War II consisting of troops from 2 different
countries.
(7) In October 1943, the Force went to Italy, where it
fought in battles south of Cassino, including Monte La Difensa
and Monte Majo.
(8) These mountain peaks were a critical anchor of the
German defense line, and on December 3, 1943, the Force's units
ascended to the top of La Difensa's precipitous face. Climbing
through the night, the battalion suffered heavy casualties and
overcame fierce resistance to overtake the German line.
(9) After La Difensa, the Force continued to fight tough
battles at high altitudes, in rugged terrain, and in severe
weather. After battles on the strongly defended Italian peaks
of Sammucro, Vischiataro, and Remetanea, the Force's combat
units had been reduced from 1,800 to fewer than 500.
(10) In 1944, the Force went to the Anzio Beachhead for 4
months, engaging in raids and aggressive patrols. On June 4,
1944, members of the Force were the first Allied troops to
liberate Rome.
(11) After Rome, the Force moved to southern Italy, where
it prepared to assist in the liberation of France.
(12) During the early morning of August 15, 1944, the Force
made silent landings on Les Iles D'Hyeres, small islands in the
Mediterranean Sea along the southern coast of France. They
faced a sustained and withering assault from the German
garrisons, as the Force progressed from the islands to the
Franco-Italian border.
(13) After securing the Franco-Italian border, the United
States Army ordered the disbandment of the First Special
Service Force on December 5, 1944, in Nice, France.
(14) In 251 days of combat, the Force suffered 2,314
casualties, or 134 percent of its combat strength. It captured
more than 30,000 prisoners, won 5 United States campaign stars,
and 8 Canadian battle honors. It never failed a mission.
(15) The United States is forever indebted to the acts of
bravery and selflessness of these troops, risking their lives
in covert missions for the cause of freedom.
(16) The unparalleled work of the Force along the seas and
skies of Europe were critical in repelling the Nazi advance and
liberating numerous French and Italian communities.
(17) The bond between the American and Canadian service
members has endured over the decades, as they continue to meet
every year for reunions, alternating between Canada and the
United States.
(18) The traditions and honors exhibited by the First
Special Service Force are carried forward with its lineage
embracing outstanding active units of 2 great democracies in
the Special Forces of the United States, the Canadian Airborne
Regiment, and the Canadian Special Operations Regiment.
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 2 gold medals
of appropriate design to the First Special Service Force, 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 (in this Act referred
to as the ``Secretary'') shall strike the gold medals with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Award to Smithsonian and First Special Service Force
Association.--
(1) In general.--Following the award of the gold medals in
honor of the First Special Service Force, under subsection
(a)--
(A) one gold medal shall be given to the
Smithsonian Institution, where it will be displayed as
appropriate and made available for research; and
(B) one gold medal shall be given to the First
Special Service Force Association in Helena, Montana.
(2) Sense of congress.--It is the sense of the Congress
that the Smithsonian Institution and the First Special Service
Force Association should make the gold medals received under
paragraph (1) available for display elsewhere, particularly at
other appropriate locations associated with the First Special
Service Force, including Fort William Henry Harrison in Helena,
Montana.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medals 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. AUTHORITY TO USE FUNDS; PROCEEDS OF SALE.
(a) Authority To Use Funds.--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 medals 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. | Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of two gold medals to the First Special Service Force (a joint American-Canadian unit), collectively, in recognition of their World War II service.
Directs one such gold medal to be given to the Smithsonian Institution and the other to the First Special Service Force Association in Helena, Montana.
Authorizes the Secretary of the Treasury to strike and sell bronze duplicates with proceeds deposited in the U.S. Mint Public Enterprise Fund.
Declares that medals struck under this Act are national medals for purposes of specified coins and currency provisions. | {"src": "billsum_train", "title": "To grant the Congressional Gold Medal, collectively, to the First Special Service Force, in recognition of its superior service during World War II."} | 1,396 | 155 | 0.259429 | 0.879556 | 0.40559 | 3.984733 | 9.801527 | 0.916031 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Voting Systems Standards
Act of 2001''.
SEC. 2. ELECTION VOTING SYSTEMS STANDARDS COMMISSION.
(a) Establishment.--The Director of the National Institute of
Standards and Technology, in consultation with the chairman of the
Federal Election Commission, shall establish the Election Voting
Systems Standards Commission (in this Act referred to as the
``Commission'').
(b) Membership.--The Commission shall consist of the following
members:
(1) The Director of the National Institute of Standards and
Technology, who shall serve as the chair of the Commission.
(2) The chairman of the Federal Election Commission, who
shall serve as the vice-chair of the Commission.
(3) Two representatives of the National Association of
State Election Directors, selected by that association.
(4) Two representatives of the National Governors
Association, selected by that association.
(5) One representative of the American National Standards
Institute, selected by that institute.
(6) Not more than 5 additional members that the Director of
the National Institute of Standards and Technology, in
consultation with the chairman of the Federal Election
Commission, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the Majority
Leader of the Senate, and the Minority Leader of the Senate,
considers appropriate.
(c) Responsibilities.--
(1) Standards and criteria.--The Commission shall
establish--
(A) a set of technical performance-based standards
relating to the accuracy, integrity, and security of
voting products and systems used in Federal elections;
and
(B) criteria for the selection of an organization
to operate the National Election Systems Standards
Laboratory under section 3.
Not later than 9 months after the date of the enactment of this
Act, the Commission shall transmit to the Congress a report
containing the standards and criteria established under this
paragraph.
(2) Testing and certification.--The Commission shall--
(A) develop uniform testing and evaluation
procedures suitable for determining the conformance of
voting products and systems to the standards
established under paragraph (1)(A);
(B) establish procedures for the certification, by
the Laboratory established under section 3, of non-
Federal laboratories to perform the testing and
evaluation procedures developed under subparagraph (A)
of this paragraph; and
(C) make recommendations for methods of promoting
the use of the testing and evaluation procedures
developed under subparagraph (A) of this paragraph.
Not later than 1 year after the date of the enactment of this
Act, the Commission shall transmit to the Congress a report
containing the procedures developed or established under
subparagraphs (A) and (B) of this paragraph, and the
recommendations described in subparagraph (C).
SEC. 3. NATIONAL ELECTION SYSTEMS STANDARDS LABORATORY.
(a) Establishment.--The Director of the National Institute of
Standards and Technology shall select an organization to operate the
National Election Systems Standards Laboratory (in this section
referred to as the ``Laboratory'').
(b) Selection.--Selection of the Laboratory under subsection (a)
shall be carried out--
(1) in accordance with criteria established under section
2(c)(1)(B); and
(2) through a merit-based competition open to any
nonprofit, nonpartisan research entity or consortium.
(c) Functions.--The Laboratory shall--
(1) investigate and analyze issues with respect to voting
products and systems and their conformance to the standards
established under section 2(c)(1)(A), including--
(A) human factors in the design and application of
voting systems; and
(B) the design of remote-access voting systems;
(2) certify non-Federal laboratories to perform the testing
and evaluation procedures developed under section 2(c)(2)(A);
and
(3) maintain and make available to the public a list of
voting products and systems that have been tested and evaluated
by non-Federal laboratories certified under paragraph (2) and
that are found to be in conformance with the standards
established under section 2(c)(1)(A). | Election Voting Systems Standards Act of 2001 - Directs the Director of the National Institute of Standards and Technology to establish the Election Voting Systems Standards Commission to: (1) establish a set of technical performance-based standards relating to the accuracy, integrity, and security of voting products and systems used in Federal elections, and criteria for the selection of an organization to establish and operate the National Election Systems Standards Laboratory; (2) develop uniform testing and evaluation procedures suitable for determining the conformance of voting products and systems to such standards; (3) establish procedures for Laboratory certification of non-Federal laboratories to perform such testing and evaluation procedures; and (4) make recommendations for methods of promoting their use.Requires the Director to select an organization to operate the Laboratory.Requires the Laboratory to: (1) investigate and analyze issues with respect to voting products and systems and their conformance to the standards established under this Act; (2) certify non-Federal laboratories to perform the testing and evaluation procedures developed under this Act; and (3) maintain and make available to the public a list of voting products and systems that have been tested and evaluated by non-Federal laboratories certified and found to be in conformance with such standards. | {"src": "billsum_train", "title": "To provide for the establishment of an Election Voting Systems Standards Commission, and for other purposes."} | 880 | 254 | 0.755067 | 2.138473 | 1.188279 | 6.252101 | 3.495798 | 0.97479 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Victims' Family Assistance
Act of 2002''.
SEC. 2. TEACHER VICTIM FAMILY ASSISTANCE.
The Secretary of Education shall provide to each applicable
recipient the following amounts and forms of assistance:
(1) Funeral assistance.--A payment of up to $1,500 to the
surviving spouse, dependent child, or other next of kin, as
determined by the Secretary, to assist with any funeral
expenses of the victim.
(2) Death benefit.--A payment of $75,000 to the surviving
spouse, dependent child, or other next of kin, as determined by
the Secretary.
(3) Living assistance.--Beginning one year after the date
of death of the victim, a payment of--
(A) $900 per month to the surviving spouse, until
the earlier of the spouse's death or remarriage; and
(B) $225 per month to each dependent child, until
reaching the age of 18 years.
(4) Dependent undergraduate education assistance.--
(A) In general.--For each dependent child enrolled
or accepted for enrollment in a part-time or full-time
program of undergraduate instruction at an institution
of higher education, an annual amount not to exceed the
lesser of $7,500 or half the total annual cost of
attendance at such institution.
(B) Relation to other assistance.--Assistance
provided under this paragraph shall not be considered
for the purpose of awarding Federal assistance under
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.), except that in no case shall the sum of
the total amount of student financial assistance
awarded to a dependent child under such title and the
amount of assistance provided under this paragraph
exceed the child's total cost of attendance.
(C) Duration of assistance.--A dependent child may
receive assistance under this paragraph for not more
than a total of 5 years.
(D) Good standing required.--The dependent child
must maintain good standing at the institution in order
to receive assistance under this paragraph.
(E) Effect of parental death or remarriage.--The
death or remarriage of the surviving spouse does not
affect a dependent child's eligibility for assistance
under this paragraph.
SEC. 3. TAX PROVISIONS RELATING TO ELEMENTARY OR SECONDARY SCHOOL STAFF
MEMBERS KILLED IN AN ACT OF VIOLENCE WHILE PERFORMING
SCHOOL DUTIES.
(a) Teacher's Wages in Year of Death Excluded From Income.--
(1) In general.--Part II of subchapter J of chapter 1 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new section:
``SEC. 693. INCOME TAXES OF ELEMENTARY OR SECONDARY SCHOOL STAFF
MEMBERS KILLED IN AN ACT OF VIOLENCE WHILE PERFORMING
SCHOOL DUTIES.
``In the case of any individual who is a victim (as defined by
section 2(f)(1) of the Teacher Victims' Family Assistance Act of 2002),
any tax imposed by this subtitle on any amount received by such
individual by reason of school employment shall not apply with respect
to the taxable year in which falls the date of death of the
individual.''.
(2) Clerical amendment.--The table of sections for part II
of subchapter J of chapter 1 of such Code is amended by
inserting at the end the following new item:
``Sec. 693. Income taxes of elementary or
secondary school staff members
killed in an act of violence
while performing school
duties.''.
(b) Exclusion of Teacher Victim Family Assistance.--
(1) In general.--Part III of subchapter B of chapter 1 of
such Code (relating to items specifically excluded from gross
income) is amended by redesignating section 139 as section 139A
and by inserting after section 138 the following new section:
``SEC. 139. TEACHER VICTIM FAMILY ASSISTANCE.
``In the case of an individual, gross income does not include any
amount received in a taxable year under section 2 of the Teacher
Victims' Family Assistance Act of 2002.''.
(2) Clerical amendment.--The table of sections for such
part is amended by striking the last item and inserting the
following new items:
``Sec. 139. Teacher victim family
assistance.
``Sec. 139A. Cross references to other
Acts.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 4. ENTITLEMENT TO MEDICARE BENEFITS.
(a) Basic Medicare Health Benefits.--The surviving spouse and each
dependent child of a victim may elect to be deemed to be entitled to
hospital insurance benefits under part A of the Social Security Act (42
U.S.C. 1395c) et seq. and to be enrolled under part B of such Act (42
U.S.C. 1395j) for supplementary medical insurance benefits under the
medicare program.
(b) Medigap Benefits.--A surviving spouse and dependent child
referred to in subsection (a) may enroll under a medicare supplemental
policy under section 1882 of the Social Security Act (42 U.S.C. 1395ss)
in the same manner and under the same terms and conditions as apply to
individuals who first become entitled to benefits under part A of title
XVIII of such Act, or enrolled under part B of such title.
(c) Period of Entitlement.--Each surviving spouse and dependent
child making an election under subsection (a) shall be so entitled and
enrolled for the period that begins on the date of election and ends
on--
(1) in the case of a surviving spouse, the date on which
the surviving spouse remarries; and
(2) in the case of an individual who is a dependent child,
the date on which the individual attains 25 years of age.
(d) Administration of Provision.--The Secretary of Health and Human
Services shall take such steps as are necessary to implement the
provisions of this section, and provide for appropriate enrollment
periods under title XVIII of the Social Security Act ( 42 U.S.C. 1395
et seq.) to carry out the provisions of this section.
SEC. 5. ASSISTANCE SUPPLEMENTS, NOT SUPPLANTS OTHER BENEFITS.
No assistance provided under this Act may supplant any benefit or
other compensation paid or payable to the surviving spouse, dependent
child, or other next of kin of the victim by the victim's employer,
school, school district, or local or State government, or by any
insurance coverage of the victim.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``victim'' means a teacher, administrator,
employee, or paid or unpaid staff member of a public or private
elementary or secondary school in the United States who was
killed as a result of an act of violence committed by another
person while performing school duties.
(2) The term ``surviving spouse'' means the spouse of the
victim, as determined under applicable State law, at the time
of the victim's death.
(3) The term ``dependent child'' means a son or daughter of
the victim (whether natural or adopted) who is under 25 years
old.
(4) The term ``institution of higher education'' has the
meaning given that term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(5) The term ``cost of attendance'' has the meaning give
that term in section 472 of the Higher Education Act of 1965
(20 U.S.C. 1087ll).
(6) The term ``Secretary'' means the Secretary of
Education. | Teacher Victims' Family Assistance Act of 2002 - Directs the Secretary of Education to provide assistance to the immediate families of teachers or other school employees who are killed by an another person's violent act during their performance of duties for a public or private elementary or secondary school (teacher-victims).Includes among such assistance: (1) funeral assistance; (2) a death benefit payment to the surviving spouse, dependent child, or other next of kin; (3) monthly living assistance for the surviving spouse until death or remarriage and for each dependent child until age18; and (4) undergraduate education assistance for each dependent child for five years or until age 25.Amends the Internal Revenue Code to exclude from income: (1) a teacher-victim's wages in the year of death; and (2) teacher victim family assistance under this Act in any taxable year.Directs the Secretary of Health and Human Services to allow a teacher-victim's surviving spouse until remarriage, and each dependent child up to age 25, to elect to be deemed to be entitled to hospital insurance benefits and enrolled for supplementary medical insurance benefits under Medicare, and to enroll for a Medigap supplemental policy, under the Social Security Act. | {"src": "billsum_train", "title": "To require the Secretary of Education to provide assistance to the immediate family of a teacher or other school employee killed in an act of violence while performing school duties."} | 1,771 | 267 | 0.671201 | 1.912861 | 0.698985 | 2.681034 | 6.586207 | 0.922414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diversity in Science Technology and
Nurturing Capable Educators Act'' or the ``DISTANCE Act''.
SEC. 2. TEACHER RECRUITING.
(a) Purpose.--It is the purpose of this section to encourage
individuals educated in science, technology, engineering, and
mathematics to enter and continue in the teaching profession, with the
goal of attracting 10,000 of America's brightest students to the
teaching profession over the next 5 years.
(b) Scholarships.--Title II of the Higher Education Act of 1965 (20
U.S.C. 1021 et seq.) is amended--
(1) by redesignating part C as part E;
(2) by redesignating section 261 as section 281; and
(3) by inserting after part B the following new part:
``PART C--STEM TEACHER SCHOLARSHIPS
``SEC. 261. PROGRAM ESTABLISHED.
``The Secretary shall award scholarships, on a competitive basis
and in accordance with this part, to students who are enrolled in
studies leading to bachelor's degrees, with concurrent certification as
kindergarten, elementary, and secondary school teachers, in science,
technology, engineering, and mathematics, and who have agreed to
perform qualified service.
``SEC. 262. SELECTION OF RECIPIENTS.
``(a) Selection Criteria.--The Secretary shall develop selection
criteria that the Secretary will use to award scholarships, and to
renew those awards, based on established measurements of merit
available to secondary students who wish to pursue degrees in science,
technology, engineering, and mathematics.
``(b) Applications.--Any student desiring to receive a scholarship
under this part shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(c) Duration of Scholarships; Renewal.--Scholarships shall be
awarded for only one academic year of study at a time, and shall be
renewable on an annual basis for the established length of the
recipient's academic program, not to exceed 6 academic years. The
Secretary shall condition the renewal of scholarships on measures of
academic progress and achievement.
``SEC. 263. QUALIFIED SERVICE REQUIREMENT.
``(a) Qualified Service Agreement.--Any student who receives a
scholarship under this part shall enter into an agreement with the
Secretary to complete no less than 5 academic years of qualified
service during a 7-year period, to begin no later than 12 months
following the completion of a bachelor's degree in science, technology,
engineering, or mathematics.
``(b) Requirement Enforced.--The Secretary shall establish such
requirements as the Secretary finds necessary to ensure that recipients
of scholarships under this subsection who complete bachelor's degrees
in science, technology, engineering, and mathematics, with teacher
certification, subsequently perform 5 academic years of qualified
service during a 7-year period, or repay the portion of the scholarship
received for which the recipient did not perform the required qualified
service, as determined by the Secretary. The Secretary shall use any
such repayments to carry out additional activities under this part.
``(c) Definition.--For the purpose of this section, the term
`qualified service' means full-time employment at a public or private
kindergarten, elementary school, or secondary school as a teacher of a
course in a science, technology, engineering, or mathematics field.
``SEC. 264. AWARDS.
``(a) Scholarship Award.--The Secretary shall provide each
recipient with a scholarship in the amount of up to $20,000 to pay for
the cost of attendance of the student for each academic year the
student is eligible to receive the scholarship. The Secretary shall
transfer such funds to the institution of higher education at which the
recipient is enrolled.
``(b) Bonus Award.--
``(1) Option for bonus award.--Any student who receives a
scholarship under this part may elect to enter into a bonus
agreement with the Secretary, in accordance with this
subsection, for any academic year during which the student
receives a scholarship under this part.
``(2) Bonus agreement.--A bonus agreement under paragraph
(1) shall provide that--
``(A) the student shall perform one academic year
of the qualified service agreed to under section 263(a)
in a high-need local educational agency, as defined in
section 200; and
``(B) the Secretary shall provide $10,000, in
addition to the amount the student receives under
subsection (a), for each academic year in which the
student enters into such bonus agreement.
``(3) Service requirement enforced.--The Secretary shall
establish such requirements as the Secretary finds necessary to
ensure that recipients of bonuses under this subsection fulfill
the qualified service requirement in a high-need local
educational agency, as defined in section 200, for a period of
time equivalent to the period for which the recipient receives
the bonus, or repays the portion of the bonus received for
which the recipient did not perform the required qualified
service in a high-need local educational agency, as determined
by the Secretary. The Secretary shall use any such repayments
to carry out additional activities under this subsection.
``(c) Maximum Award.--The maximum award any student may receive
under this section for an academic year shall be the student's cost of
attendance minus any grant aid such student receives from sources other
than this section.
``SEC. 265. REGULATIONS.
``The Secretary is authorized to issue such regulations as may be
necessary to carry out the provisions of this part.''.
(c) Institutional Grants for Integrated Degree Programs.--Title II
of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is further
amended by inserting after part C, as added by subsection (b) of this
section, the following new part:
``PART D--INTEGRATED DEGREE PROGRAMS
``SEC. 271. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
institutions of higher education, on a competitive basis, in order to
pay for the Federal share of the cost of projects to establish,
strengthen, and operate 4-year undergraduate degree programs through
which students may concurrently--
``(1) earn a bachelor's degree in science, technology,
engineering, or mathematics; and
``(2) be certified to teach kindergarten, elementary, or
secondary school.
``(b) Grant Amount; Award Period.--The Secretary may award grants
to no more than 50 institutions of higher education each fiscal year,
and a grant to an institution for a fiscal year shall not exceed
$1,000,000. Grants shall be awarded for only one fiscal year at a time,
and shall be renewable on an annual basis for up to 5 years.
``SEC. 272. SELECTION OF GRANT RECIPIENTS.
``(a) Criteria.--The Secretary shall set criteria to evaluate the
applications for grants under this part and the projects proposed to
establish, strengthen, and operate 4-year integrated undergraduate
degree programs.
``(b) Equitable Distribution of Grants.--To the extent practicable
and consistent with the criteria under subsection (a), the Secretary
shall make grants under this part in such manner as to achieve an
equitable distribution of the grant funds throughout the United States,
considering geographic distribution, rural and urban areas, and range
and type of institutions.
``SEC. 273. APPLICATION REQUIREMENTS.
``In order to receive a grant under this part, an institution of
higher education shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. Such application shall include the following:
``(1) A description of the proposed project.
``(2) A demonstration of--
``(A) the commitment, including the financial
commitment, of the institution for the proposed
project; and
``(B) the active support of the leadership of the
institution for the proposed project.
``(3) A description of how the proposed project will be
continued after Federal funds are no longer awarded under this
part for the project.
``(4) A plan for the evaluation of the project, which shall
include benchmarks to monitor progress toward specific project
objectives.
``SEC. 274. MATCHING REQUIREMENT.
``Each institution of higher education receiving a grant under this
part shall provide, from non-Federal sources, an amount equal to the
amount of the grant (in cash or in-kind) to carry out the project
supported by the grant.
``SEC. 275. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$50,000,000 for each of the fiscal years 2016 through 2021.''. | Diversity in Science Technology and Nurturing Capable Educators Act or the DISTANCE Act This bill amends the Elementary and Secondary Education Act of 1965 to direct the Department of Education (ED) to award competitive merit-based scholarships to students who are pursuing bachelor's degrees in science, technology, engineering, and mathematics (STEM) with concurrent certification as kindergarten, elementary, and secondary school teachers. It requires scholarship recipients to work for at least five academic years as a full-time STEM teacher at a public or private kindergarten or elementary or secondary school during the seven-year period beginning within one year after they complete their studies. It awards scholarships for one academic year of study at a time, but makes them renewable on an annual basis if their recipients meet certain measures of academic progress. Scholarship recipients may enter into agreements with ED that provide them with a bonus in exchange for performing their service in a high-need local educational agency for a period equivalent to the period for which they receive the bonus. This bill amends the Higher Education Act of 1965 to authorize ED to award competitive matching grants to up to 50 institutions of higher education to establish, strengthen, and operate four-year undergraduate degree programs that enable students to concurrently: (1) earn a STEM bachelor's degree; and (2) be certified to teach kindergarten, elementary, or secondary school. It awards those grants one fiscal year at a time, but makes them renewable on an annual basis for up to five years. | {"src": "billsum_train", "title": "DISTANCE Act"} | 1,957 | 311 | 0.607886 | 1.914313 | 0.886033 | 3.715278 | 6.302083 | 0.847222 |
SECTION 1. OFFICE FOR MINORITY VETERANS.
(a) In General.--Section 317 of title 38, United States Code, is
amended to read as follows:
``Sec. 317. Office for Minority Veterans
``(a) There is in the Department an Office for Minority Veterans.
``(b)(1) There is at the head of the Office a Director who shall be
appointed by the Secretary. The Director shall be a career appointee in
the Senior Executive Service. In appointing the Director, the Secretary
shall give preference to the appointment of a veteran. The Director
shall be appointed for a term of six years and may be reappointed for
an additional term.
``(2) There is in the Office a Deputy Director who is the principal
assistant of the Director. The Deputy Director shall perform such
functions as the Director shall prescribe.
``(c) The Director reports directly to the Secretary or the Deputy
Secretary concerning the activities of the Office.
``(d) The Director shall perform the following functions with
respect to veterans who are minority group members:
``(1) Serve as principal adviser to the Secretary on the
adoption and implementation of policies and programs affecting
veterans who are minority group members.
``(2) Make recommendations to the Secretary, the Under
Secretary for Health, the Under Secretary for Benefits, and
other Department officials for the establishment or improvement
of programs in the Department for which veterans who are
minority group members are eligible.
``(3) Promote the use of benefits authorized by this title
by veterans who are minority group members and the conduct of
outreach activities to veterans who are minority group members,
in conjunction with outreach activities carried out under
chapter 77 of this title.
``(4) Disseminate information and serve as a resource
center for the exchange of information regarding innovative and
successful programs which improve the services available to
veterans who are minority group members.
``(5) Conduct and sponsor appropriate social and
demographic research on the needs of veterans who are minority
group members and the extent to which programs authorized under
this title meet the needs of those veterans, without regard to
any law concerning the collection of information from the
public.
``(6) Analyze and evaluate complaints made by or on behalf
of veterans who are minority group members about the adequacy
and timeliness of services provided by the Department and
advise the appropriate official of the Department of the
results of such analysis or evaluation.
``(7) Consult with, and provide assistance and information
to, officials responsible for administering Federal, State,
local, and private programs that assist veterans, to encourage
those officials to adopt policies which promote the use of
those programs by veterans who are minority group members.
``(8) Advise the Secretary when laws or policies have the
effect of discouraging the use of benefits by veterans who are
minority group members.
``(9) Publicize the results of medical research which are
of particular significance to veterans who are minority group
members.
``(10) Advise the Secretary and other appropriate officials
on the effectiveness of the Department's efforts to accomplish
the goals of section 492B of the Public Health Service Act
(relating to the inclusion of women and minorities in clinical
research) and of particular health conditions affecting the
health or minority group members which should be studied as
part of the Department's medical research program and promote
cooperation between the Department and other sponsors of
medical research of potential benefit to veterans who are
minority group members.
``(11) Perform such other duties consistent with this
section as the Secretary shall prescribe.
``(e) The Secretary shall ensure that the Director is furnished
sufficient resources to enable the Director to carry out the functions
of the Office in a timely manner.
``(f) The Secretary shall include in documents submitted to
Congress by the Secretary in support of the President's budget for each
fiscal year--
``(1) detailed information on the budget for the Office;
``(2) the Secretary's opinion as to whether the resources
(including the number of employees) proposed in the budget for
that fiscal year are adequate to enable the Office to comply
with its statutory and regulatory duties; and
``(3) a report on the activities and significant
accomplishments of the Office during the preceding fiscal year.
``(g) In this section, the term `minority group member' means an
individual who is--
``(1) Asian American;
``(2) Black;
``(3) Hispanic;
``(4) Native American (including American Indian, Alaskan
Native, and Native Hawaiian); or
``(5) Pacific-Islander American.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking out the item relating to section
317 and inserting in lieu thereof the following:
``317. Office for Minority Veterans.''.
SEC. 2. ADVISORY COMMITTEE ON MINORITY VETERANS.
(a) Establishment.--Subchapter III of chapter 5 of title 38, United
States Code, is amended by adding at the end the following:
``Sec. 544. Advisory Committee on Minority Veterans
``(a)(1) The Secretary shall establish an advisory committee to be
known as the Advisory Committee on Minority Veterans (hereinafter in
this section referred to as ``the Committee'').
``(2)(A) The Committee shall consist of members appointed by the
Secretary from the general public, including--
``(i) representatives of veterans who are minority group
members;
``(ii) individuals who are recognized authorities in fields
pertinent to the needs of veterans who are minority group
members;
``(iii) veterans who are minority group members and who
have experience in a military theater of operations; and
``(iv) veterans who are minority group members and who do
not have such experience.
``(B) The Committee shall include, as ex officio members--
``(i) the Secretary of Labor (or a representative of the
Secretary of Labor designated by the Secretary after
consultation with the Assistant Secretary of Labor for
Veterans' Employment);
``(ii) the Secretary of Defense (or a representative of the
Secretary of Defense designated by the Secretary of Defense);
``(iii) the Secretary of the Interior (or a representative
of the Secretary of the Interior designated by the Secretary of
the Interior);
``(iv) the Secretary of Commerce (or a representative of
the Secretary of Commerce designated by the Secretary of
Commerce);
``(v) the Secretary of Health and Human Services (or a
representative of the Secretary of Health and Human Services
designated by the Secretary of Health and Human Services); and
``(vi) the Under Secretary for Health and the Under
Secretary for Benefits, or their designees.
``(C) The Secretary may invite representatives of other departments
and agencies of the United States to participate in the meetings and
other activities of the Committee.
``(3) The Secretary shall determine the number, terms of service,
and pay and allowances of members of the Committee appointed by the
Secretary, except that a term of service of any such member may not
exceed three years. The Secretary may reappoint any such member for
additional terms of service.
``(4) The Committee shall meet as often as the Secretary considers
necessary or appropriate, but not less often than twice each fiscal
year.
``(b) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the administration of
benefits by the Department for veterans who are minority group members,
reports and studies pertaining to such veterans and the needs of such
veterans with respect to compensation, health care, rehabilitation,
outreach, and other benefits and programs administered by the
Department.
``(c)(1) Not later than July 1 of each even-numbered year, the
Committee shall submit to the Secretary a report on the programs and
activities of the Department that pertain to veterans who are minority
group members. Each such report shall include--
``(A) an assessment of the needs of veterans who are
minority group members with respect to compensation, health
care, rehabilitation, outreach, and other benefits and programs
administered by the Department;
``(B) a review of the programs and activities of the
Department designed to meet such needs; and
``(C) such recommendations (including recommendations for
administrative and legislative action) as the Committee
considers appropriate.
``(2) The Secretary shall, within 60 days after receiving each
report under paragraph (1), submit to Congress a copy of the report,
together with any comments concerning the report that the Secretary
considers appropriate.
``(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers appropriate.
``(4) The Secretary shall submit with each annual report submitted
to the Congress pursuant to section 529 of this title a summary of all
reports and recommendations of the Committee submitted to the Secretary
since the previous annual report of the Secretary submitted pursuant to
such section.
``(d) In this section, the term `minority group member' means an
individual who is--
``(1) Asian American;
``(2) Black;
``(3) Hispanic;
``(4) Native American (including American Indian, Alaskan
Native, and Native Hawaiian); or
``(5) Pacific-Islander American.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
543 the following new item:
``544. Advisory Committee on Minority Veterans.''.
SEC. 3. REPRESENTATIVES FOR MINORITY VETERANS AT DEPARTMENT FACILITIES.
The Secretary of Veterans Affairs shall designate an appropriate
official at each regional office of the Department of Veterans Affairs
and at each medical facility of the Department to serve as the minority
affairs officer of the Department at the office or facility. The
officials shall perform such functions as the Secretary shall
prescribe.
SEC. 4. OFFICE FOR WOMEN VETERANS.
(a) In General.--(1) Chapter 3 of title 38, United States Code, as
amended by section 1(a) of this Act, is further amended by adding at
the end the following new section:
``Sec. 318. Office for Women Veterans
``(a) There is in the Department an Office for Women Veterans.
``(b)(1) There is at the head of the Office a Director who shall be
appointed by the Secretary. The Director shall be a career appointee in
the Senior Executive Service. In appointing the Director, the Secretary
shall give preference to the appointment of a veteran. The Director
shall be appointed for a term of six years and may be reappointed for
an additional term.
``(2) There is in the Office a Deputy Director who is the principal
assistant of the Director. The Deputy Director shall perform such
functions as the Director shall prescribe.
``(c) The Director reports directly to the Secretary or the Deputy
Secretary concerning the activities of the Office.
``(d) The Director shall perform the following functions with
respect to veterans who are women:
``(1) Serve as principal adviser to the Secretary on the
adoption and implementation of policies and programs affecting
veterans who are women.
``(2) Make recommendations to the Secretary, the Under
Secretary for Health, the Under Secretary for Benefits, and
other Department officials for the establishment or improvement
of programs in the Department for which veterans who are women
are eligible.
``(3) Promote the use of benefits authorized by this title
by veterans who are women and the conduct of outreach
activities to veterans who are women, in conjunction with
outreach activities carried out under chapter 77 of this title.
``(4) Disseminate information and serve as a resource
center for the exchange of information regarding innovative and
successful programs which improve the services available to
veterans who are women.
``(5) Conduct and sponsor appropriate social and
demographic research on the needs of veterans who are women and
the extent to which programs authorized under this title meet
the needs of those veterans, without regard to any law
concerning the collection of information from the public.
``(6) Analyze and evaluate complaints made by or on behalf
of veterans who are women about the adequacy and timeliness of
services provided by the Department and advise the appropriate
official of the Department of the results of such analysis or
evaluation.
``(7) Consult with, and provide assistance and information
to, officials responsible for administering Federal, State,
local, and private programs that assist veterans, to encourage
those officials to adopt policies which promote the use of
those programs by veterans who are women.
``(8) Advise the Secretary when laws or policies have the
effect of discouraging the use of benefits by veterans who are
women.
``(9) Publicize the results of medical research which are
of particular significance to veterans who are women.
``(10) Advise the Secretary and other appropriate officials
on the effectiveness of the Department's efforts to accomplish
the goals of section 492B of the Public Health Service Act
(relating to the inclusion of women and minorities in clinical
research) and of particular health conditions affecting womens'
health which should be studied as part of the Department's
medical research program and promote cooperation between the
Department and other sponsors of medical research of potential
benefit to veterans who are women.
``(11) Provide support and administrative services to the
Advisory Committee on Women Veterans established under section
542 of this title.
``(12) Perform such other duties consistent with this
section as the Secretary shall prescribe.
``(e) The Secretary shall ensure that the Director is furnished
sufficient resources to enable the Director to carry out the functions
of the Office in a timely manner.
``(f) The Secretary shall include in documents submitted to
Congress by the Secretary in support of the President's budget for each
fiscal year--
``(1) detailed information on the budget for the Office;
``(2) the Secretary's opinion as to whether the resources
(including the number of employees) proposed in the budget for
that fiscal year are adequate to enable the Office to comply
with its statutory and regulatory duties; and
``(3) a report on the activities and significant
accomplishments of the Office during the preceding fiscal
year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter, as amended by section 1(b) of this Act, is further
amended by adding at the end the following new item:
``318. Office for Women Veterans.''.
SEC. 5. ADVISORY COMMITTEE ON WOMEN VETERANS.
(a) Members.--Paragraph (2)(A) of section 542(a) of title 38,
United States Code, is amended--
(1) by striking out ``and'' at the end of clause (ii);
(2) by striking out the period at the end of clause (iii)
and inserting in lieu a semicolon; and
(3) by adding at the end the following:
``(iii) women veterans who have experience in a military
theater of operations; and
``(iv) women veterans who do not have such experience.''. | Establishes in the Department of Veterans Affairs an Office for Minority Veterans, headed by a Director who shall be appointed by the Secretary of Veterans Affairs. Outlines Director duties with respect to advising, making recommendations, promoting, and disseminating information with respect to the implementation of policies and programs affecting veterans who are minority group members (Asian American, Black, Hispanic, Native American, or Pacific-Islander American). Requires the Secretary to include in budget documents submitted to the Congress each year information with respect to the Office's budget.
Directs the Secretary to establish the Advisory Committee on Minority Veterans. Requires the Committee to report biennially to the Secretary, who shall report to the Congress, on Department programs and activities that pertain to minority veterans.
Directs the Secretary to designate an appropriate official at each Department regional and medical facility to serve as minority affairs officer.
Establishes in the Department an Office for Women Veterans, headed by a Director appointed by the Secretary. Outlines Director duties with respect to advising, making recommendations, promoting, and disseminating information with respect to the adoption of policies and programs affecting women veterans. Requires the Secretary to include in budget documents submitted to the Congress each year information with respect to the Office's budget.
Requires the inclusion on the Advisory Committee on Women Veterans of members representing women veterans who do and who do not have experience in a military theater of operations. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to establish in the Department of Veterans Affairs an Office for Women Veterans and an Office for Minority Veterans, and for other purposes."} | 3,223 | 315 | 0.620291 | 1.770374 | 0.742425 | 2.849817 | 11.970696 | 0.901099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assisting Family Farmers through
Insurance Reform Measures Act'' or the ``AFFIRM Act''.
SEC. 2. ADJUSTED GROSS INCOME AND PER PERSON LIMITATIONS ON SHARE OF
INSURANCE PREMIUMS PAID BY CORPORATION.
Section 508(e)(1) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(1)) is amended--
(1) by striking ``For the purpose'' and inserting the
following:
``(A) Payment authority.--For the purpose''; and
(2) by adding at the end the following new subparagraphs:
``(B) Adjusted gross income limitation.--The
Corporation shall not pay a part of the premium for
additional coverage for any person or legal entity that
has an average adjusted gross income (as defined in
section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a)) in excess of $250,000.
``(C) Per person limitation.--The Corporation shall
not pay more than $40,000 to any person or legal entity
for premiums under this section.''.
SEC. 3. CAP ON OVERALL RATE OF RETURN FOR CROP INSURANCE PROVIDERS.
Section 508(k)(3) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(3)) is amended--
(1) by designating paragraph (3) as subparagraph (A) (and
adjusting the margin two ems to the right);
(2) by inserting before subparagraph (A) (as so designated)
the following:
``(3) Risk.--''; and
(3) by adding at the end the following new subparagraph:
``(B) Cap on overall rate of return.--The target
rate of return for all the companies combined for the
2013 and subsequent reinsurance years shall be 12
percent of retained premium.''.
SEC. 4. CAP ON REIMBURSEMENTS FOR ADMINISTRATIVE AND OPERATING EXPENSES
OF CROP INSURANCE PROVIDERS.
Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(4)) is amended by adding at the end the following new
subparagraph:
``(G) Additional cap on reimbursements.--
Notwithstanding subparagraphs (A) through (F), total
reimbursements for administrative and operating costs
for the 2013 insurance year for all types of policies
and plans of insurance shall not exceed $900,000,000.
For each subsequent insurance year, the dollar amount
in effect pursuant to the preceding sentence shall be
increased by the same inflation factor as established
for the administrative and operating costs cap in the
2011 Standard Reinsurance Agreement.''.
SEC. 5. BUDGET LIMITATIONS ON RENEGOTIATION OF STANDARD REINSURANCE
AGREEMENT.
Section 508(k)(8) of the Federal Crop Insurance Act of 1938 (7
U.S.C. 1508(k)(8)) is amended by adding at the end the following new
subparagraph:
``(F) Reduction in corporation obligations.--The
Board shall ensure that any Standard Reinsurance
Agreement negotiated under subparagraph (A)(ii), when
compared to the immediately preceding Standard
Reinsurance Agreement, shall reduce, to the maximum
extent practicable, the obligations of the Corporation
under subsections (e)(2) or (k)(4) or section 523.''.
SEC. 6. CROP INSURANCE PREMIUM SUBSIDIES DISCLOSURE IN THE PUBLIC
INTEREST.
Section 502(c)(2) of the Federal Crop Insurance Act (7 U.S.C.
1502(c)(2)) is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (C) and (D) respectively; and
(2) by inserting before subparagraph (C) (as so
redesignated) the following:
``(A) Disclosure in the public interest.--
Notwithstanding paragraph (1) or any other provision of
law, except as provided in subparagraph (B), the
Secretary shall on an annual basis make available to
the public--
``(i)(I) the name of each individual or
entity who obtained a federally subsidized crop
insurance, livestock, or forage policy or plan
of insurance during the previous fiscal year;
``(II) the amount of premium subsidy
received by the individual or entity from the
Corporation; and
``(III) the amount of any Federal portion
of indemnities paid in the event of a loss
during that fiscal year for each policy
associated with that individual or entity; and
``(ii) for each private insurance provider,
by name--
``(I) the underwriting gains earned
through participation in the federally
subsidized crop insurance program; and
``(II) the amount paid under this
subtitle for--
``(aa) administrative and
operating expenses;
``(bb) any Federal portion
of indemnities and reinsurance;
and
``(cc) any other purpose.
``(B) Limitation.--The Secretary shall not disclose
information pertaining to individuals and entities
covered by a catastrophic risk protection plan offered
under section 508(b).''. | Assisting Family Farmers through Insurance Reform Measures Act or AFFIRM Act - Amends the Federal Crop Insurance Act to prohibit the Federal Crop Insurance Corporation (FCIC) from paying a part of the crop insurance premium for additional coverage for any person or legal entity that has an average adjusted gross income in excess of $250,000. Caps: (1) the rate of return for all crop insurance providers combined for the 2013 and subsequent reinsurance years at 12% of retained premium, and (2) total reimbursements for administrative and operating costs for the 2013 insurance year for all types of policies and plans of insurance at $900 million. Requires that any renegotiated Standard Reinsurance Agreement, when compared to the immediately preceding Agreement, shall reduce FCIC obligations. Requires annual disclosure to the public of specified crop insurance premium subsidy information. | {"src": "billsum_train", "title": "AFFIRM Act"} | 1,202 | 180 | 0.559886 | 1.62452 | 0.814253 | 3.908497 | 6.470588 | 0.915033 |
SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Asylum at Ports of
Entry System Improvements Act of 1993''.
(b) References to Immigration and Nationality Act.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Immigration and Nationality
Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; references in Act.
Sec. 2. Expedited consideration and exclusion procedures for asylum
claims by persons with missing or
fraudulent documents.
Sec. 3. Enhanced penalties for alien smuggling and asylum abuse.
Sec. 4. Definitions.
Sec. 5. Effective date.
SEC. 2. EXPEDITED CONSIDERATION AND EXCLUSION PROCEDURES FOR ASYLUM
CLAIMS BY PERSONS WITH MISSING OR FRAUDULENT DOCUMENTS.
(a) Admissions Fraud.--Section 212(a)(6)(C) (8 U.S.C.
1182(a)(6)(C)) is amended--
(1) in the section heading by striking
``misrepresentation'' and inserting ``fraud, misrepresentation,
and failure to present documents'',
(2) in clause (i) by inserting ``or clause (ii)'' after
``clause (i)'';
(3) by redesignating clause (ii) as clause (iii), and
(4) by inserting after clause (i) the following new clause:
``(ii) Fraudulent documents and failure to
present documents.--
``(I) Any alien who, in seeking
entry to the United States or boarding
a common carrier for the purpose of
coming to the United States, presents
any document which, in the
determination of the immigration
officer to whom the document is
presented, is forged, counterfeit,
altered, falsely made, stolen, or
inapplicable to the alien presenting
the document, or otherwise contains a
misrepresentation of a material fact,
is excludable.
``(II) Any alien who, in entering
the United States or boarding a common
carrier for the purpose of coming to
the United States, presents a document
which relates or purports to relate to
the alien's eligibility to enter the
United States, and willfully fails to
present such document to an immigration
officer upon arrival at a port of entry
into the United States, is
excludable.''.
(b) Expedited Exclusion Procedures.--The Immigration and
Nationality Act is amended by inserting after section 235 the following
new section:
``expedited procedures for certain asylum cases
``Sec. 235A. (a) Senior Asylum Officers; Special Mobile Asylum
Team.--
``(1) Senior asylum officers.--The Attorney General shall
designate a class of asylum officers having at least 2 years of
experience in asylum adjudications as senior asylum officers
who shall perform duties under this section at United States
airports and other ports of entry in the United States.
``(2) Special mobile asylum team.--
``(A) The Attorney General may, from time to time,
designate from among the senior asylum officers
provided for in paragraph (1) such officers as the
Attorney General considers necessary to constitute a
Special Mobile Asylum Team to help manage large scale
asylum situations or to conduct spot checks at United
States airports or other ports of entry in the United
States.
``(B) Funds appropriated subject to section 404(b)
shall be available to the Attorney General for
mobilizing the Special Mobile Asylum Team in emergency
large scale asylum situations.
``(b) Examination by Immigration Officer.--
``(1) Any alien who is believed by the examining
immigration officer, based on reasonable suspicion grounded on
articulable facts, to be excludable under section 212(a)(6)(C)
but who requests, or indicates a desire for, asylum shall be
detained for further inquiry to be conducted by a senior asylum
officer promptly after the alien's arrival.
``(2) Whenever any such officer has reason to believe that
an alien who is otherwise excludable under section 212(a)(6)(C)
of such Act may have a claim to asylum, such officer shall
inform the alien of his right to apply for asylum and inquire
of the alien to determine if the alien desires to request
asylum.
``(c) Determinations by Senior Asylum Officer.--
``(1) For each case under subsection (b), the senior asylum
officer shall determine only--
``(A) whether the alien has a nonfrivolous claim
for asylum; and
``(B) whether the alien has been firmly resettled
in another nation.
``(2) In each case under this subsection, the alien shall
have the opportunity to be represented by counsel of his
choosing (at no expense to the Government).
``(d) Ineligibility for Asylum and Exclusion.--(1)(A) If the senior
asylum officer determines that the alien's claim to asylum is frivolous
or that the alien has been firmly resettled in another nation, the
officer shall find the alien ineligible for asylum and shall order the
alien excluded from the United States. The alien shall be held in
detention pending final disposition of the alien's case, except where
the Attorney General determines that the alien's detention is not in
the public interest.
``(B) Any alien ordered excluded under subparagraph (A) shall be
ineligible for withholding of deportation under section 243.
``(2) The exclusion of an alien in the United States under
paragraph (1) shall be directed by the Attorney General to a country
promptly designated by the alien if that country is willing to accept
the alien into its territory, unless the Attorney General concludes
that deportation to such country would be prejudicial to the interests
of the United States. No alien shall be permitted to make more than one
such designation. If the government of the country designated by the
alien fails to advise the Attorney General within 5 days following the
original inquiry whether that government will or will not accept such
alien into its territory, then the Attorney General may thereafter
disregard such designation.
``(e) Petition for Review.--An alien adversely affected by an order
of a senior asylum officer under this section may, within 48 hours
after such order is issued, file a petition for review of the order in
a proceeding before an asylum immigration judge. Such review shall be
the sole and exclusive administrative review of such order.
``(f) Administrative Review.--An asylum immigration judge, shall
promptly hold an administrative hearing which shall be limited to the
issues set forth in subsection (g).
``(g) Scope of Review.--The issues referred to in subsection (f)
are--
``(1) whether the applicant is an alien;
``(2) whether the applicant has sought entry to the United
States with fraudulent documents or with no documents;
``(3) whether the applicant's request for asylum is
frivolous; and
``(4) whether the applicant has been firmly resettled in
another nation.
``(h) Asylum Adjudication in Certain Circumstances.--A senior
asylum officer may refer an alien not excludable under subsection (d)
for asylum adjudication by the Executive Office of Immigration Review
while an exclusion proceeding is pending if such proceeding cannot be
scheduled within 90 days.
``(i) Judicial Review.--No court shall have jurisdiction to review,
except by petition for habeas corpus, any individual determination made
with respect to an alien found excludable from the United States under
subsection (d). In any such case, review by habeas corpus shall be
limited to examination on the questions set forth in subsection (g).''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 235 the
following new item:
``Sec. 235A. Expedited procedures for certain asylum cases.''.
(d) Effective Date.--The amendments made by this section shall
apply to aliens who arrive in, or seek admission to, the United States
on or after the date of enactment of this Act.
SEC. 3. ENHANCED PENALTIES FOR ALIEN SMUGGLING AND ASYLUM ABUSE.
(a) In General.--Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is
amended--
(1) by inserting ``for the purpose of commercial advantage
or private financial gain'' after ``Any person who'';
(2) by striking ``five years'' and inserting ``10 years'';
and
(3) by inserting before the period at the end of such
paragraph ``(or 20 years, or both, in the case of such a
violation in which the person is determined to knowingly or
recklessly have caused serious bodily injury to, or have placed
in jeopardy the life of, any alien involved in the offense)''.
(b) Effective Dates.--The amendment made by subsection (a) shall
apply to violations occurring on or after the date of the enactment of
this Act.
SEC. 4. DEFINITIONS.
Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end
the following new paragraphs:
``(47) The term `frivolous' means, with respect to a claim for
asylum, a claim that--
``(A) the grounds of the claim are outside the scope of the
definition of a refugee under this section,
``(B) the claim is totally lacking in substance, or
``(C) the claim is manifestly lacking in any credibility.
``(48) The term `firmly resettled' means, after an alien's entry
into a country of refuge, the alien's receipt of an offer of permanent
resident status, citizenship, or some other type of permanent
resettlement unless the alien establishes that--
``(A) the entry into that country was a necessary
consequence of the flight from persecution, that the alien
remained in the country only as long as was necessary to
arrange onward travel, and that the alien did not establish
significant ties in that country; or
``(B) the conditions of residence in that country were so
substantially and consciously restricted by the authorities of
the country that the alien was not in fact resettled, taking
into account the conditions under which other residents of that
country live, the type of housing made available to the alien,
whether permanent or temporary, the types and extent of
employment available to the alien, whether permanent or
temporary, and the extent to which the alien received
permission to hold property and to enjoy other rights and
privileges ordinarily available to other residents in the
country such as travel documentation (including documentation
for a right of entry or reentry), education, public relief, or
naturalization.''.
SEC. 5. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
take effect 90 days after the date of the enactment of this Act. | Asylum at Ports of Entry System Improvements Act of 1993 - Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) uses or attempts to use a fraudulent document to enter the United States or to board a common carrier for such purpose; or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a U.S. port of entry.
Directs the Attorney General to designate a class of senior asylum officers who shall perform specified expedited asylum examinations at U.S. airports or other ports of entry. Authorizes such officers, upon a finding of frivolous claim or resettlement in another country, to exclude the alien from the United States. Sets forth limited petition and review provisions.
Increases penalties for certain alien smuggling offenses. Creates a separate offense and penalty for an alien smuggler who seriously injures or jeopardizes an alien's life. | {"src": "billsum_train", "title": "Asylum at Ports of Entry System Improvements Act of 1993"} | 2,552 | 224 | 0.590031 | 1.73661 | 0.804842 | 2.316667 | 12.638889 | 0.816667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuity in Representation Act of
2005''.
SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE HELD TO FILL VACANCIES IN THE
HOUSE IN EXTRAORDINARY CIRCUMSTANCES.
Section 26 of the Revised Statutes of the United States (2 U.S.C.
8) is amended--
(1) by striking ``The time'' and inserting ``(a) In
General.--Except as provided in subsection (b), the time''; and
(2) by adding at the end the following new subsection:
``(b) Special Rules in Extraordinary Circumstances.--
``(1) In general.--In extraordinary circumstances, the
executive authority of any State in which a vacancy exists in
its representation in the House of Representatives shall issue
a writ of election to fill such vacancy by special election.
``(2) Timing of special election.--A special election held
under this subsection to fill a vacancy shall take place not
later than 49 days after the Speaker of the House of
Representatives announces that the vacancy exists, unless,
during the 75-day period which begins on the date of the
announcement of the vacancy--
``(A) a regularly scheduled general election for
the office involved is to be held; or
``(B) another special election for the office
involved is to be held, pursuant to a writ for a
special election issued by the chief executive of the
State prior to the date of the announcement of the
vacancy.
``(3) Nominations by parties.--If a special election is to
be held under this subsection, the determination of the
candidates who will run in such election shall be made--
``(A) by nominations made not later than 10 days
after the Speaker announces that the vacancy exists by
the political parties of the State that are authorized
by State law to nominate candidates for the election;
or
``(B) by any other method the State considers
appropriate, including holding primary elections, that
will ensure that the State will hold the special
election within the deadline required under paragraph
(2).
``(4) Extraordinary circumstances.--
``(A) In general.--In this subsection,
`extraordinary circumstances' occur when the Speaker of
the House of Representatives announces that vacancies
in the representation from the States in the House
exceed 100.
``(B) Judicial review.--If any action is brought
for declaratory or injunctive relief to challenge an
announcement made under subparagraph (A), the following
rules shall apply:
``(i) Not later than 2 days after the
announcement, the action shall be filed in the
United States District Court having
jurisdiction in the district of the Member of
the House of Representatives whose seat has
been announced to be vacant and shall be heard
by a 3-judge court convened pursuant to section
2284 of title 28, United States Code.
``(ii) A copy of the complaint shall be
delivered promptly to the Clerk of the House of
Representatives.
``(iii) A final decision in the action
shall be made within 3 days of the filing of
such action and shall not be reviewable.
``(iv) The executive authority of the State
that contains the district of the Member of the
House of Representatives whose seat has been
announced to be vacant shall have the right to
intervene either in support of or opposition to
the position of a party to the case regarding
the announcement of such vacancy.
``(5) Protecting ability of absent military and overseas
voters to participate in special elections.--
``(A) Deadline for transmittal of absentee
ballots.--In conducting a special election held under
this subsection to fill a vacancy in its
representation, the State shall ensure to the greatest
extent practicable (including through the use of
electronic means) that absentee ballots for the
election are transmitted to absent uniformed services
voters and overseas voters (as such terms are defined
in the Uniformed and Overseas Citizens Absentee Voting
Act) not later than 15 days after the Speaker of the
House of Representatives announces that the vacancy
exists.
``(B) Period for ballot transit time.--
Notwithstanding the deadlines referred to in paragraphs
(2) and (3), in the case of an individual who is an
absent uniformed services voter or an overseas voter
(as such terms are defined in the Uniformed and
Overseas Citizens Absentee Voting Act), a State shall
accept and process any otherwise valid ballot or other
election material from the voter so long as the ballot
or other material is received by the appropriate State
election official not later than 45 days after the
State transmits the ballot or other material to the
voter.
``(6) Application to district of columbia and
territories.--This subsection shall apply--
``(A) to a Delegate or Resident Commissioner to the
Congress in the same manner as it applies to a Member
of the House of Representatives; and
``(B) to the District of Columbia, the Commonwealth
of Puerto Rico, American Samoa, Guam, and the United
States Virgin Islands in the same manner as it applies
to a State, except that a vacancy in the representation
from any such jurisdiction in the House shall not be
taken into account by the Speaker in determining
whether vacancies in the representation from the States
in the House exceed 100 for purposes of paragraph
(4)(A).
``(7) Rule of construction regarding federal election
laws.--Nothing in this subsection may be construed to affect
the application to special elections under this subsection of
any Federal law governing the administration of elections for
Federal office (including any law providing for the enforcement
of any such law), including, but not limited to, the following:
``(A) The Voting Rights Act of 1965 (42 U.S.C. 1973
et seq.), as amended.
``(B) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.), as amended.
``(C) The Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.), as amended.
``(D) The National Voter Registration Act of 1993
(42 U.S.C. 1973gg et seq.), as amended.
``(E) The Americans With Disabilities Act of 1990
(42 U.S.C. 12101 et seq.), as amended.
``(F) The Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.), as amended.
``(G) The Help America Vote Act of 2002 (42 U.S.C.
15301 et seq.), as amended.''.
Passed the House of Representatives March 3, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Continuity in Representation Act of 2005 - (Sec. 2) Amends Federal law concerning the election of Senators and Representatives to require States to hold special elections for the House of Representatives within 49 days after a vacancy is announced by the Speaker of the House in the extraordinary circumstance that vacancies in representation from the States exceed 100. Waives the 49-day requirement if, during the 75-day period beginning on the date of the vacancy announcement, a regularly scheduled general election or another special election for the office involved is to be held.
Requires determination of the candidates who will run in the special election: (1) not later than ten days after the vacancy announcement by the political parties authorized by State law to nominate candidates; or (2) by any other method the State considers appropriate.
Sets forth requirements for judicial review of any action brought for declaratory or injunctive relief to challenge such a vacancy announcement. Requires a final decision within three days of the filing of such an action. Makes a final decision non-reviewable.
Requires a State, in conducting a special election under this Act, to ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots are transmitted to absent uniformed services voters and overseas voters not later than 15 days after the Speaker of the House announces that the vacancy exists. Requires a State to accept and process any otherwise valid ballot or other election material from an absent uniformed services voter or an overseas voter, as long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits it to the voter.
Applies this Act to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands. | {"src": "billsum_train", "title": "To require States to hold special elections to fill vacancies in the House of Representatives not later than 49 days after the vacancy is announced by the Speaker of the House of Representatives in extraordinary circumstances."} | 1,556 | 405 | 0.694251 | 2.106875 | 0.882551 | 4.28863 | 4.067055 | 0.93586 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Hemisphere Environmental
Cooperation Act of 1993''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The elements of biological diversity offer many actual
and yet-to-be-discovered medical, biotechnological,
agricultural, and industrial uses.
(2) Tropical forests, which contain 50 to 90 percent of the
species estimated to exist on the earth, are being cleared at
the approximate rate of 17,000,000 hectares per year.
(3) At the rate that tropical forests are disappearing,
scientists estimate conservatively that 5 to 10 percent of
tropical forest species could disappear within the next 30
years.
(4) Poverty and limited economic opportunity in Latin
America and the Caribbean and other areas of the developing
world contribute significantly to the loss of tropical forests
and other areas important for biodiversity conservation.
(5) Cooperation between United States institutions
interested in the potential applications of biological
resources of tropical forests and other areas rich in
biodiversity, and governments and nonprofit organizations in
Latin America and the Caribbean interested in preserving
biological diversity and enhancing its economic value, can
effectively serve the interests of both conservation and
economic growth.
(6) Maintaining access to a continuing and reliable supply
of biological resources will enhance United States
competitiveness.
(7) The Convention on Biological Diversity is consistent
with the protection of intellectual property rights and with
resource exchange agreements.
(8) As was made evident through the United Nations
Conference on Environment and Development, there is
international recognition of the important link between the
protection of the environment and biodiversity and economic
growth.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to encourage the conservation of biological resources
and the sustainable use of tropical forests in Latin America
and the Caribbean, and to secure a continuing and reliable
supply of biological resources for United States companies,
research institutes, botanical laboratories, universities, and
other institutions interested in the potential uses and
benefits of such resources, by--
(A) assisting the countries of Latin America and
the Caribbean to establish and strengthen biodiversity
management organizations;
(B) creating incentives for resource-sharing
entities to enter into resource exchange agreements
with biodiversity management organizations;
(C) ensuring that such agreements provide for
conservation of biological diversity and for technology
transfer and training related to the purposes set forth
in the agreements; and
(D) ensuring increased understanding of what
constitutes properly protected intellectual property
rights and fair and equitable distribution of any
benefits arising from the commercial or other use of
products developed under such agreements; and
(2) to provide for a study of the feasibility of
establishing a Western Hemisphere Environmental Partnership to
promote hemispheric technological cooperation on environmental
problems.
SEC. 4. WESTERN HEMISPHERE BIODIVERSITY COOPERATION PROGRAM.
(a) Establishment.--The Administrator of the Agency for
International Development shall establish within the Agency a Western
Hemisphere Biodiversity Cooperation Program to assist in the
establishment and strengthening of biodiversity management
organizations.
(b) Uses of Assistance.--Assistance under the program described in
subsection (a) shall be used to establish biodiversity management
organizations and strengthen the ability of such organizations to study
and protect biological diversity and to enhance the economic value of
the biological resources of Latin America and the Caribbean, including
assistance for--
(1) cataloging and studying biological resources;
(2) preparing data bases of biological resources to be used
for monitoring the status and distribution of such resources
and for commercial purposes;
(3) creating the institutional capacity for biodiversity
management organizations to negotiate, enter into, and
implement resource exchange agreements with resource-sharing
entities through training in areas such as research, contract
law and negotiation, quality control, and management;
(4) advising the governments in countries in which
biodiversity management organizations operate on legislation
and policies that will conserve biological diversity and
encourage sustainable economic development;
(5) facilitating cooperation and exchange of information
among such organizations;
(6) developing and studying the uses of biological samples
from tropical forests and other areas rich in biodiversity that
may provide sustainable economic opportunities for communities
located in or near such forests and areas; and
(7) facilitating cooperation and close consultation with
indigenous peoples in the geographic areas in which
biodiversity management organizations operate.
(c) Debt Exchanges.--Assistance under this section shall include,
where appropriate, assistance to biodiversity management organizations
for the purchase on the open market of discounted commercial debt of
the governments of the countries in which such organizations operate,
pursuant to the section 462 entitled ``Assistance for Commercial Debt
Exchanges'', of the Foreign Assistance Act of 1961 (22 U.S.C. 2282), in
order to provide such organizations with a steady income for
accomplishing the purposes of this section.
(d) Consultation.--In administering the program described in
subsection (a), the Administrator shall consult with and use the
expertise of appropriate United States Government agencies and
nongovernmental conservation organizations in the United States, Latin
America, and the Caribbean.
(e) Collaboration With National Governments.--The Administrator
shall, in carrying out the program described in subsection (a),
encourage and seek to facilitate close collaboration between
biodiversity management organizations and the governments of the
countries in which the organizations operate.
SEC. 5. WESTERN HEMISPHERE BIODIVERSITY COOPERATION GRANTS.
(a) Establishment.--In furtherance of section 2(4) and section
3(1)(B) and (C), the Administrator shall establish, as part of the
program under section 4, a program of Western Hemisphere Biodiversity
Cooperation Grants.
(b) Purpose.--Grants under the program established under subsection
(a) may be awarded to biodiversity management organizations to
encourage the conclusion of resource exchange agreements, between such
organizations and resource-sharing entities, that--
(1) strengthen the capacity of the organizations to
implement such agreements;
(2) promote the conservation of tropical forests; and
(3) promote sustainable economic development among the
communities living in or near areas rich in biodiversity.
(c) Authority.--The Administrator may agree to provide a grant
under this section to a biodiversity management organization in support
of an agreement with a resource-sharing entity in order to assist the
organization in fulfilling its obligations to the entity under the
agreement if, in the judgment of the Administrator, such a grant would
significantly increase the likelihood that an agreement would be
concluded or would significantly increase the benefits of the agreement
for the organization and for the conservation of tropical forests and
other areas important for biodiversity conservation.
(d) Criteria.--Among the criteria that the Administrator should use
in determining whether or not to make a grant under this section to an
organization with respect to an agreement are whether the agreement
will provide--
(1) that at least 50 percent of the value of all benefits
provided to the organization by the resource-sharing entity
under the agreement will be provided by the organization to the
government of the country or countries in which the resources
referred to in the agreement originate, for use in the
conservation of tropical forests and other areas important for
biodiversity conservation;
(2) that the entity will--
(A) give or lend equipment to the organization to
carry out the agreement; and
(B) train staff of the organization, or staff
affiliated with the organization, in carrying out the
responsibilities assigned to the organization under the
agreement; and
(3) that the organization assures that intellectual
property rights will be properly protected and that the
resource-sharing entity assures that any benefits arising from
the commercial or other use of products developed under such
agreements are shared in a fair and equitable way with the
country of origin.
(e) Characteristics of Grants.--A grant under this section shall--
(1) be used only to support the purposes of the agreement
for which it is provided;
(2) be not larger than $100,000 for any agreement; and
(3) represent not more than 20 percent of the initial
financial investment of the entity under the agreement.
(f) United States Not to Receive Proceeds.--The United States shall
not make, as a condition of any assistance under section 4 or a grant
under this section, that the United States Government receive any part
of any proceeds or profits generated under any resource exchange
agreement entered into by a biodiversity management organization.
(g) Treatment of Assistance.--Assistance under section 4 and grants
under this section shall not be considered assistance for purposes of
any provision of law limiting assistance to any country.
SEC. 6. WESTERN HEMISPHERE ENVIRONMENTAL PARTNERSHIP.
(a) Study.--The President shall direct an appropriate Federal
entity to study the feasibility of establishing a Western Hemisphere
Environmental Partnership to promote hemispheric technological
cooperation on environmental problems, the purpose of which would be--
(1) to promote public-private sector partnerships to
address environmental problems and to increase environmental
protection in the Western Hemisphere;
(2) to facilitate cooperation between the United States and
the countries of Latin America and the Caribbean in the
application of technology to environmental problems;
(3) to provide for the training in sound environmental
practices of appropriate personnel from government, industry,
and nongovernmental organizations in Latin America and the
Caribbean by personnel with appropriate expertise from similar
organizations in the United States;
(4) to develop innovative mechanisms for financing
improvements in the environmental protection capacity of
countries in Latin America and the Caribbean through debt
exchanges, issuance of bonds, and other market-based
incentives;
(5) to help countries in the region to develop appropriate
technologies to meet their specific environmental needs; and
(6) to facilitate information-sharing within the Western
Hemisphere on the use of environmental technologies and
services to address environmental problems.
(b) Role of United States Government.--In conducting the study
under subsection (a), the Committee shall explore the role of the
United States Government in a Western Hemisphere Environmental
Partnership.
(c) Precedents.--In conducting the study under subsection (a), the
Committee shall take into account the experiences of the United States-
Asia Environmental Partnership and the Caribbean Environment and
Development Institute.
SEC. 7. REPORTS.
(a) First Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the Congress a
report on the implementation of this Act, including--
(1) the establishment of the Western Hemisphere
Biodiversity Cooperation Program under section 4 and the
Western Hemisphere Biodiversity Cooperation Grants under
section 5; and
(2) the results of the study of a Western Hemisphere
Environmental Partnership under section 6, together with the
President's recommendations for action by the Congress.
(b) Subsequent Annual Reports.--Each year following the report
referred to in subsection (a), the President shall submit to the
Congress a further report on the implementation of this Act.
SEC. 8. DEFINITIONS.
As used in this Act--
(1) the term ``Administrator'' means the Administrator of
the Agency for International Development;
(2) the term ``biodiversity management organization'' means
a nonprofit local or regional organization in Latin America or
the Caribbean whose purposes include the study and protection
of biological diversity and the enhancement of its economic
value;
(3) the term ``resource-sharing entity'' means a public or
private institution in the United States, including a company,
research institute, botanical laboratory, or university, that
is undertaking activities relating to the potential
applications of biological resources of tropical forests and
other areas rich in biodiversity; and
(4) the term ``resource exchange agreement'' means an
agreement between a biodiversity management organization and
resource-sharing entity under which the biodiversity management
organization provides the resource-sharing entity with
information on or samples of biological resources in exchange
for benefits (including payment of money, technology transfer,
or training) provided to the biodiversity management
organization. | Western Hemisphere Environmental Cooperation Act of 1993 - Directs the Administrator of the Agency for International Development (AID) to establish a Western Hemisphere Biodiversity Cooperation Program within AID to assist (including by purchase of commercial debts of foreign countries) in the establishment and strengthening of biodiversity management organizations to protect biological diversity and to enhance the economic value of the biological resources of Latin America and the Caribbean.
Directs the Administrator of AID to establish a program of Western Hemisphere Biodiversity Cooperation Grants to be awarded to such organizations.
Requires the President to direct an appropriate Federal entity to study the feasibility of establishing a Western Hemisphere Environmental Partnership to promote hemispheric technological cooperation on environmental problems. | {"src": "billsum_train", "title": "Western Hemisphere Environmental Cooperation Act of 1993"} | 2,489 | 165 | 0.478235 | 1.385476 | 0.760801 | 4.515873 | 19.460317 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Recovery Audit Contractor
Program Moratorium Act of 2007''.
SEC. 2. MEDICARE RECOVERY AUDIT CONTRACTOR PROGRAM MORATORIUM.
(a) In General.--Except as provided in subsection (c), the
Secretary of Health and Human Services--
(1) shall suspend all further activities under the Medicare
recovery audit contractor program (as defined in subsection
(e)(2));
(2) shall not permit recovery audit contractors--
(A) to identify any additional underpayments or
overpayments; or
(B) to effect any additional recoupments; and
(3) shall not enter into any new contracts under the
program.
(b) Termination.--The moratorium effected under subsection (a)
shall end one year after the date of the enactment of this Act.
(c) Applicability.--
(1) Protection of appeal rights.--Subsection (a) shall not
affect appeals under the Medicare recovery audit contractor
program.
(2) Medicare secondary payer activities.--Subsection (a)
shall not affect Medicare secondary payer activities performed
by recovery audit contractors.
(d) Reports.--
(1) CMS report evaluating the program.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of
the Centers for Medicare & Medicaid Services shall
submit to the Congress a report evaluating the Medicare
recovery audit contractor program.
(B) Contents of report.--Such report shall include
the following information, with respect to the Medicare
recovery audit contractor program:
(i) The number of claims provided by the
Centers for Medicare & Medicaid Services to
recovery audit contractors.
(ii) The number of claims requested by
recovery audit contractors.
(iii) The number of claims reviewed by
recovery audit contractors.
(iv) The number of claims described in
clause (iii) reviewed through an automated
process and the number of such claims otherwise
reviewed by recovery audit contractors.
(v) The number and dollar amount of claims
that recovery audit contractors sought to
recoup after identifying such claims as
overpayments.
(vi) The number of appeals made by
providers and suppliers in response to
recoupment of payments by a recovery audit
contractor.
(vii) The outcome of such appeals.
(C) Form of data.--
(i) The information described in
subparagraph (B) shall be reported--
(I) for activities under the
Medicare recovery audit contractor
program in each calendar quarter; and
(II) on a national, State, and
county basis and according to provider
group.
(ii) Information described in subparagraph
(B) concerning appeals shall be reported by
appeal level.
(2) GAO report.--
(A) In general.--Not later than 60 days after the
date the report is submitted to the Congress under
paragraph (1), the Comptroller General of the United
States shall submit a report to the Congress regarding
the use of recovery audit contractors in the Medicare
Integrity program.
(B) Contents of report.--Such report shall include
the following:
(i) An examination of the information
described in each of clauses (i) through (vi)
of paragraph (1)(B).
(ii) An examination of the role of recovery
audit contractors in the Medicare oversight
process.
(iii) A comparison of the roles of recovery
audit contractors with the roles of quality
improvement organizations and Medicare
administrative contractors.
(iv) An examination of the extent to which
the process used by recovery audit contractors
is consistent with Medicare policy regarding
claims denials and appeals.
(C) Recommendations.--Such report shall include
recommendations--
(i) to improve the accuracy and efficiency
of recovery audit contractors; and
(ii) to ensure compliance of recovery audit
contractors with Medicare policy concerning
denials and appeals.
(3) Quarterly reports.--
(A) In general.--Not later than 60 days after the
end of each calendar quarter beginning after the end of
the moratorium under subsection (a), the Administrator
of the Centers for Medicare & Medicaid Services shall
submit to the Congress a report on the conduct of the
Medicare recovery audit contractor program during the
quarter.
(B) Contents of report.--Each report under
subparagraph (A) shall include, with respect to a
quarter, the information described in each of clauses
(i) through (vi) of paragraph (1)(B) for such quarter.
(C) Form of data.--The information required under
subparagraph (B) shall be reported on a national,
State, and county basis and according to provider
group.
(e) Definitions.--For the purposes of this section:
(1) Medicare administrative contractor.--The term
``Medicare administrative contractor'' has the meaning given
such term in section 1874A of the Social Security Act (42
U.S.C. 1395kk-1).
(2) Medicare recovery audit contractor program.--The term
``Medicare recovery audit contractor program'' means recovery
audit contractor--
(A) activities under section 306 of the Medicare
Prescription Drug, Improvement, and Modernization Act
of 2003 (Public Law 108-173); and
(B) activities under section 1893(h) of the Social
Security Act (42 U.S.C. 1395ddd(h)).
(3) Medicare secondary payer activities.--The term
``Medicare secondary payer activities'' means an activity
undertaken to obtain compliance with, and enforce, section
1862(b) of the Social Security Act.
(4) Provider.--The term ``provider'' means a provider of
services as defined in section 1861(n) of the Social Security
Act (42 U.S.C. 1395x(n)).
(5) Quality improvement organization.--The term ``quality
improvement organization'' means a utilization and quality
control peer review organization as defined in section 1152 of
the Social Security Act (42 U.S.C. 1320c-1).
(6) Recovery audit contractor.--The term ``recovery audit
contractor'' means a contractor operating under the Medicare
recovery audit contractor program.
(7) Supplier.--The term ``supplier'' has the meaning given
such term in section 1861(d) of the Social Security Act (42
U.S.C. 1395x(d)).
(f) Conforming Amendments.--
(1) Social security act.--Section 1893(h)(1) of the Social
Security Act (42 U.S.C. 1395ddd(h)(1)) is amended by striking
``Under the Program'' and inserting ``Subject to section 2 of
the Medicare Recovery Audit Contractor Program Moratorium Act
of 2007, under the Program''.
(2) Medicare prescription drug, improvement, and
modernization act of 2003.--Section 306(a) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173) is amended by striking ``The Secretary
shall conduct'' and inserting ``Subject to section 2 of the
Medicare Recovery Audit Contractor Program Moratorium Act of
2007, the Secretary shall conduct''.
(g) Technical Amendment.--Section 306(f) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173) is amended by striking ``information' means information''
and all that follows. | Medicare Recovery Audit Contractor Program Moratorium Act of 2007 - Directs the Secretary of Health and Human Services to effect a one-year moratorium on the Medicare recovery audit contractor program, under which the Secretary contracts with recovery audit contractors to identify underpayments and overpayments, and recoup overpayments, with respect to all services for which payment is made under part A or B of title XVIII (Medicare) of the Social Security Act.
Requires: (1) the Administrator of the Centers for Medicare & Medicaid Services to evaluate the program for Congress; and (2) the Comptroller General to report to Congress on the use of recovery audit contractors in the Medicare Integrity program. | {"src": "billsum_train", "title": "To impose a moratorium on the use of recovery audit contractors under the Medicare Integrity Program."} | 1,621 | 148 | 0.654911 | 1.744378 | 0.717263 | 3.31746 | 11.460317 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Handgun Injury Prevention
Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) In the 10 years from 1987 through 1996, nearly 2,200
children in the United States who were 14 years of age or
younger died from unintentional shootings, and in 1996 alone,
138 children were shot and killed unintentionally, which is an
average of 11 children every month, or 1 child every third day,
according to the National Center for Health Statistics.
(2) The United States leads the industrialized world in the
rates of children lost to unintentional firearms-related death.
A 1997 study from the Centers for Disease Control and
Prevention found that for unintentional firearms-related deaths
for children under the age of 15, the rate in the United States
was 9 times greater than in 25 other industrialized countries
combined.
(3) While the number of unintentional deaths from firearms
is an unacceptable toll on the children of the United States,
nearly 8 times that number are treated annually in hospital
emergency rooms in the United States for nonfatal unintentional
gunshot wounds, according to an article in the June 12, 1996,
issue of the Journal of the American Medical Association.
(4) In the June 12, 1987, issue of the Journal of the
American Medical Association, a study of unintentional firearms
deaths among children in California found that unintentional
gunshot wounds most often involve handguns.
(5) A study in the December 1995 issue of the Archives of
Pediatric and Adolescent Medicine found that children as young
as 3 years old are strong enough to fire most commercially
available handguns. The study found that 25 percent of 3- to 4-
year-olds and 70 percent of 5- to 6-year-olds had sufficient
finger strength to fire 59 (or 92 percent) of the 64 commonly
available handguns examined in the study.
(6) Currently, firearms are the only products manufactured
in the United States that are not subject to minimum safety
standards.
(7) A 1997 public opinion poll conducted by the National
Opinion Research Center at the University of Chicago in
conjunction with the Johns Hopkins Center for Gun Policy and
Research found that 74 percent of the people of the United
States support safety regulation of the firearms industry.
(8) Firearms, their component parts, and safety locks
designed to prevent firearms from accidentally discharging, all
move in interstate commerce.
(9) Many currently available trigger locks and other
similar devices are inadequate to prevent the accidental
discharge of the firearms to which they are attached, or to
prevent children from gaining access to the firearms.
SEC. 3. REGULATION OF HANDGUN DISCHARGE PROTECTION PRODUCTS.
(a) General Authority.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall prescribe such regulations
governing the design, manufacture, and performance of, and commerce in,
handgun discharge protection products, as are necessary to reduce or
prevent unreasonable risk of injury to children from the unintentional
discharge of handguns.
(b) Minimum Safety Standard.--The regulations required by
subsection (a) shall, at a minimum, set forth a minimum safety standard
that a handgun discharge protection product must meet in order to be
manufactured, sold, transferred, or delivered consistent with this Act.
In developing the standard, the Secretary shall give appropriate
consideration to handgun discharge protection products that are not
detachable, but are permanently installed and incorporated into the
design of a handgun. The standard shall include provisions to ensure
that any handgun discharge protection product that meets the standard
is of adequate quality and construction to prevent children from
operating a handgun, and to ensure that such a product cannot be
removed from a handgun except through the use of a key, combination, or
other method of access made possible by the manufacturer of the
product.
(c) Use of Poison Packaging Prevention Standards Test Protocols.--
In developing the standard required by subsection (b), the Secretary
shall consider using test protocols described in section 1700.20 of
title 16, Code of Federal Regulations, (in effect as of January 1,
1998), related to poison prevention packaging standards.
(d) Deadline for Issuance of Standard.--Within 12 months after the
date of the enactment of this Act, the Secretary shall issue in final
form the standard required by subsection (b).
(e) Effective Date of Standard.--The standard issued under
subsection (b) shall take effect 6 months after the date of issuance.
SEC. 4. ORDERS; INSPECTIONS.
(a) In General.--The Secretary may issue an order prohibiting the
manufacture, sale, transfer, or delivery of a handgun discharge
protection product which the Secretary finds has been designed, or has
been or is intended to be manufactured, transferred, or distributed in
violation of this Act or a regulation prescribed under this Act.
(b) Authority To Require the Recall, Repair, or Replacement of, or
the Provision of Refunds.--The Secretary may issue an order requiring
the manufacturer of, and any dealer in, a handgun discharge protection
product which the Secretary finds has been designed, manufactured,
transferred, or delivered in violation of this Act or a regulation
prescribed under this Act, to--
(1) provide notice of the risks associated with the
product, and of how to avoid or reduce the risks, to--
(A) the public;
(B) in the case of the manufacturer of the product,
each dealer in the product; and
(C) in the case of a dealer in the product, the
manufacturer of the product and the other persons known
to the dealer as dealers in the product;
(2) bring the product into conformity with the regulations
prescribed under this Act;
(3) repair the product;
(4) replace the product with a like or equivalent product
which is in compliance with such regulations;
(5) refund the purchase price of the product, or, if the
product is more than 1 year old, a lesser amount based on the
value of the product after reasonable use;
(6) recall the product from the stream of commerce; or
(7) submit to the Secretary a satisfactory plan for
implementation of any action required under this subsection.
(c) Inspections.--In order to ascertain compliance with this Act
and the regulations and orders issued under this Act, the Secretary
may, at reasonable times--
(1) enter any place in which handgun discharge protection
products are manufactured, stored, or held, for distribution in
commerce, and inspect those areas where the products are
manufactured, stored, or held; and
(2) enter and inspect any conveyance being used to
transport for commercial purposes a handgun discharge
protection product.
SEC. 5. UNLAWFUL ACTS.
(a) In General.--Beginning 30 days after a final standard issued
under section 3(b) takes effect, it shall be unlawful--
(1) for any licensed manufacturer or licensed importer to
sell, transfer, or deliver to any person any handgun without a
handgun discharge protection product that meets the standard;
and
(2) for any licensed dealer to sell, transfer, or deliver
to any person any handgun without the handgun discharge
protection product supplied to the dealer by the licensed
manufacturer or importer.
(b) Exception.--Subsection (a) shall not apply to the sale,
transfer, or delivery of a handgun to a department or agency of the
Federal Government or of any State government or political subdivision
of a State.
SEC. 6. WARNING LABELS FOR HANDGUNS.
(a) Inclusion of Warning Labels In Handgun Packaging.--
(1) In general.--A licensed manufacturer, licensed
importer, or licensed dealer shall not sell, transfer, or
deliver a handgun with accompanying packaging or other
descriptive materials, unless the warning label described in
paragraph (2) is displayed on the principal display panel of
the packaging and on the materials.
(2) Warning label.--
(A) Content.--The warning label referred to in
paragraph (1) is a label that, in conspicuous and
legible type, contains the following statement:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
``Children are attracted to and can operate handguns, which can
cause severe injuries or death.
``Prevent child access by always keeping handguns locked away and
unloaded.''.
(B) Appearance.--The statement required by
subparagraph (A) shall, by typography, layout, or
color, be in contrast with other printed matter on the
package or descriptive materials, in a manner similar
to that described in section 1500.121 of title 16, Code
of Federal Regulations (in effect as of January 1,
1998).
(b) Affixation of Warning Label to Handgun Transferred Without
Packaging.--A licensed manufacturer, licensed importer, or licensed
dealer shall not sell, transfer, or deliver a handgun without
accompanying packaging or other descriptive materials, unless the label
described in subsection (a)(2)(A) is affixed to the handgun by a method
to be prescribed by rule by the Secretary.
(c) Effective Date.--This section shall take effect 60 days after
the date of the enactment of this Act.
SEC. 7. REPORTING REQUIREMENTS.
Each licensed manufacturer, licensed importer, and licensed dealer
shall report to the Secretary any information obtained by the
manufacturer, importer, or dealer which reasonably supports the
conclusion that--
(1) a child has suffered an unintentional or self-inflicted
gunshot wound inflicted through the use of a handgun that was
sold, transferred, or delivered by the manufacturer, importer,
or dealer after the effective date of this Act; and
(2) as a result, the individual died, suffered serious
injury, or was treated for an injury by a medical professional.
SEC. 8. ENFORCEMENT.
(a) Civil Penalties.--The Secretary may assess a civil money
penalty not to exceed $10,000 for each violation of this Act.
(b) Revocation of Federal Firearms License.--Section 923(e) of
title 18, United States Code, is amended by inserting after the 2nd
sentence the following: ``The Secretary may, after notice and
opportunity for hearing, revoke any license issued under this section
if the holder of the license violates any provision of the Child
Handgun Injury Prevention Act or any rule or regulation prescribed
under such Act.''.
(c) Private Cause of Action.--
(1) In general.--Any person aggrieved by any violation of
this Act or of any regulation prescribed or order issued under
this Act by another person may bring an action against such
other person in any United States district court for damages,
including consequential damages. In any action under this
subsection, the court, in its discretion, may award to a
prevailing plaintiff a reasonable attorney's fee as part of the
costs.
(2) Rule of interpretation.--The remedy provided for in
paragraph (1) shall be in addition to any other remedy provided
by common law or under Federal or State law.
(d) Private Enforcement of This Act.--Any interested person may
bring an action in any United States district court to enforce this
Act, or restrain any violation of this Act or of any regulation
prescribed or order issued under this Act. In any action under this
subsection, the court, in its discretion, may award to a prevailing
plaintiff a reasonable attorney's fee as part of the costs.
(e) Effect on Private Remedies.--
(1) Irrelevancy of compliance with this act.--Compliance
with this Act or any order issued or regulation prescribed
under this Act shall not relieve any person from liability to
any person under common law or State statutory law.
(2) Irrelevancy of failure to take action under this act.--
The failure of the Secretary to take any action authorized
under this Act shall not be admissible in litigation relating
to the product under common law or State statutory law.
(f) Criminal Penalties.--Any person who has received from the
Secretary a notice that the person has violated a provision of this Act
or of a regulation prescribed under this Act with respect to a handgun
discharge protection product, and who subsequently knowingly violates
such provision with respect to the product shall be fined under title
18, United States Code, imprisoned not more than 2 years, or both.
SEC. 9. NO EFFECT ON STATE LAW.
This Act does not annul, alter, impair, or affect, or exempt any
person subject to the provisions of this Act from complying with, any
provision of the law of any State or any political subdivision thereof,
except to the extent that such provisions of State law are inconsistent
with any provision of this Act, and then only to the extent of the
inconsistency. A provision of State law is not inconsistent with this
Act if such provision affords greater protection to children in respect
of handguns than is afforded by this Act.
SEC. 10. DEFINITIONS.
In this Act:
(1) The term ``handgun discharge protection product'' means
any device (including a handgun) that is designed,
manufactured, or represented in commerce, as useful in
protecting children from injury from the unintentional
discharge of a handgun.
(2) The term ``children'' means individuals who have not
attained 18 years of age.
(3) The terms ``licensed importer'', ``licensed
manufacturer'', ``licensed dealer'', ``Secretary'', and
``handgun'' have the meanings given in paragraphs (9), (10),
(11), (18), and (29), respectively, of section 921(a) of title
18, United States Code. | Child Handgun Injury Prevention Act - Directs the Secretary of the Treasury to prescribe such regulations governing the design, manufacture, and performance of, and commerce in, handgun discharge protection products as are necessary to reduce or prevent unreasonable risk of injury to children from the unintentional discharge of handguns. Requires that such regulations, at a minimum, set forth a minimum safety standard that such a product must meet in order to be manufactured, sold, transferred, or delivered consistent with this Act.
Directs the Secretary, in developing the standard, to: (1) give appropriate consideration to products that are not detachable, but are permanently installed and incorporated into the design of a handgun; and (2) consider using test protocols relating to poison prevention packaging standards. Requires the standard to ensure that any product that meets the standard is of adequate quality and construction to prevent children from operating a handgun, and that such product cannot be removed except through the use of a key, combination, or other method of access made possible by the manufacturer.
(Sec. 4) Authorizes the Secretary to issue an order: (1) prohibiting the manufacture, sale, transfer, or delivery of a product which the Secretary finds has been designed, or has been or is intended to be manufactured, transferred, or distributed, in violation of this Act; and (2) requiring the manufacturer of, and any dealer in, a product which the Secretary finds to violate such provision to provide notice of the risks associated with the product; to bring the product into conformity with regulations prescribed by this Act; to repair, replace, refund the purchase price of, or recall, the product; or to submit to the Secretary a satisfactory plan for implementation of any such action.
Authorizes the Secretary, at reasonable times in order to ascertain compliance, to: (1) enter any place in which products are manufactured, stored, or held, for distribution in commerce, and inspect those areas; and (2) enter and inspect any conveyance being used to transport a product for commercial purposes.
(Sec. 5) Prohibits: (1) a licensed manufacturer or importer from selling, transferring, or delivering to any person any handgun without a product that meets the standard; and (2) a licensed dealer from selling, transferring, or delivering to any person any handgun without the product supplied to the dealer by the licensed manufacturer or importer. Makes exceptions for Federal, state, and local governments.
(Sec. 6) Prohibits a licensed manufacturer, importer, or dealer from selling, transferring, or delivering a handgun: (1) with accompanying packaging or other descriptive materials without a specified warning label regarding the consequences of child operation of, child access to, and storage of, handguns; and (2) without accompanying packaging or other descriptive materials unless the label described is affixed to the handgun by a method to be prescribed by the Secretary.
(Sec. 7) Sets forth reporting requirements.
(Sec. 8) Authorizes the Secretary to assess civil penalties, and to revoke a Federal firearms license, under specified circumstances. Creates a private right of action for damages by persons aggrieved by a violation of this Act. Sets forth criminal penalties for violations.
(Sec. 9) Allows State law to afford greater protection to children regarding handguns than is afforded by this Act. | {"src": "billsum_train", "title": "Child Handgun Injury Prevention Act"} | 3,011 | 739 | 0.427968 | 1.608229 | 0.59036 | 5.144158 | 4.254932 | 0.93475 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guard and Reserve Early Retirement
Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Members of the Active Components of the United States
Military Services are eligible for an immediate annuity upon
attaining twenty years of creditable service.
(2) Members of the Reserve Components must wait to receive
their annuity until age 60.
(3) Over the last 15 years, the contributions in support of
Active Duty missions by both the Guard and the Reserve have
increased substantially.
(4) During the Global War on Terrorism Reserve Component
members have gone into harms way and fought alongside members
of the Active Duty.
(5) These contributions have been made under various forms
of active duty orders, including Active Duty for Training
(ADT), Active Duty for Special Work (ADSW), Presidential
Recall, and Partial Mobilization. Only a subset of mobilization
orders is being credited as being ``in support of contingency
operation.''
(6) Further contributions have been made to Active Duty
commands within the United States during consecutive periods of
Inactive Duty Training (IDT) and Annual Training (AT).
(7) Additionally, both enlisted and officers within the
Reserve Component are required for promotion to complete
professional training and/or Joint Professional Military
Education (JPME), often by taking non-paid correspondence or
on-line Distant Learning courses for only inactive duty points,
while Active Duty are often sent on Temporary Duty Assignment
(TDY) to complete such courses. Currently there is no mechanism
in place to compensate National Guard and Reserve Component
soldiers for required professional courses.
(8) Active Duty does not differentiate between stateside or
deployed duty when earning creditable duty toward retirement at
20 years.
(9) As defined by section 12733 of title 10, United States
Code, RC members earn one inactive duty point toward retirement
for each Reserve training drill. They can also earn one active
duty point for every day of active duty performed. An Active
Duty year is measured as 360 points. Professional courses are
assigned inactive duty points.
(10) Members of the Guard and Reserve understand the point
system.
(11) A minimum of 50 points is required for a creditable
service year.
(12) Basing a Reserve Component retirement system on the
accumulation of retirement points would remove differentiation
of duty, clarify eligibility, and by using an appropriately
structured matrix would encourage volunteerism and retention.
SEC. 3. ELIGIBILITY FOR RETIRED PAY FOR NONREGULAR SERVICE.
(a) Age and Service Requirements.--Subsection (a) of section 12731
of title 10, United States Code, is amended to read as follows:
``(a)(1) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under section 12739
of this title, if the person--
``(A) satisfies one of the combinations of requirements for
minimum age and minimum number of years of creditable service
(computed under section 12732 of this title) that are specified
in the table in paragraph (2);
``(B) performed the last six years of qualifying service
while a member of any category named in section 12732(a)(1) of
this title, but not while a member of a regular component, the
Fleet Reserve, or the Fleet Marine Corps Reserve, except that
in the case of a person who completed 20 years of service
computed under section 12732 of this title before October 5,
1994, the number of years of qualifying service under this
subparagraph shall be eight; and
``(C) is not entitled, under any other provision of law, to
retired pay from an armed force or retainer pay as a member of
the Fleet Reserve or the Fleet Marine Corps Reserve.
``(2) The combinations of minimum age and minimum earned points (as
defined under section 12732 of this title) required of a person under
subparagraph (A) of paragraph (1) for entitlement to retired pay as
provided in such paragraph are as follows:
----------------------------------------------------------------------------------------------------------------
The minimum earned points required for that
Age, in years, is at least: age is:
----------------------------------------------------------------------------------------------------------------
55 4500
56 4225
57 3950
58 3675
59 3400
60 1000''.
----------------------------------------------------------------------------------------------------------------
(b) 20-Year Letter.--Subsection (d) of such section is amended by
striking ``the years of service required for eligibility for retired
pay under this chapter'' in the first sentence and inserting ``20 years
of service computed under section 12732 of this title''.
SEC. 4. CONTINUATION OF AGE 60 AS MINIMUM AGE FOR ELIGIBILITY OF
NONREGULAR SERVICE RETIREES FOR HEALTH CARE.
Section 1074(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
SEC. 5. EFFECTIVE DATE AND APPLICABILITY.
This Act and the amendments made by this Act shall take effect on
the first day of the first month that begins no more than 180 days
after the date of the enactment of this Act and shall apply with
respect to retired pay payable for that month and subsequent months.
``(2) Paragraph (1) does not apply to a member or former
member entitled to retired pay for non-regular service under
chapter 1223 of this title who is under 60 years of age.''. | Guard and Reserve Early Retirement Act of 2007 - Revises provisions concerning eligibility for military retired pay for nonregular (reserve) service to: (1) remove the requirement that the person be at least 60 years of age; and (2) provide an additional qualifier in the case of a combination of minimum age and earned duty points (requiring 4500 points with a minimum age of 55, descending to 1000 points with a minimum age of 60).
Continues 60 as the minimum eligibility age for such retirees for health care furnished through the Department of Defense (DOD). | {"src": "billsum_train", "title": "To amend title 10, United States Code, to provide eligibility for reduced non-regular service military retired pay before age 60, and for other purposes."} | 1,314 | 122 | 0.474783 | 1.338699 | 0.596571 | 2.018182 | 10.418182 | 0.854545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Prisons Communications Act of
2009''.
SEC. 2. INTERFERENCE PERMITTED WITHIN PRISONS.
Section 333 of the Communications Act of 1934 (47 U.S.C. 333) is
amended--
(1) by inserting ``(a) In General.--'' before ``No
person''; and
(2) by adding at the end the following:
``(b) Exception for Prisons.--
``(1) Waiver.--
``(A) In general.--The Director of the Federal
Bureau of Prisons or the chief executive officer of a
State (or his or her designee) may, by petition,
request that the Commission grant a waiver of
subsection (a) to permit the installation of devices
for the sole purpose of preventing, jamming, or
interfering with wireless communications within the
geographic boundaries of a specified prison,
penitentiary, or correctional facility under his or her
jurisdiction.
``(B) Term.--A waiver granted under this subsection
shall be for a term not to exceed 10 years, but shall
be renewable by petition.
``(C) Fee.--The Commission may not charge a filing
fee for a petition under this paragraph.
``(2) Notification; database.--
``(A) Notification of carriers.--Upon receipt of a
petition under paragraph (1), the Commission shall
provide a copy of the petition to each commercial
mobile service provider serving the area that includes
the prison, penitentiary, or correctional facility to
which the petition applies.
``(B) Database.--The Commission shall maintain an
electronic database containing a copy of each such
petition received by it and the disposition thereof.
The Commission shall update the database at least
monthly and shall make the database publicly available
on the Commission's Internet website and publish a copy
of the database in the Federal Register at least
quarterly.
``(3) Disposition of petition.--In determining whether to
grant a requested waiver, the Commission shall consider, among
other factors, whether the grant of the waiver would interfere
with emergency or public safety communications. The Commission
shall act on a request under this subsection within 60 calendar
days after the date on which the Commission receives the
petition.
``(4) Transfer prohibited.--A prison, penitentiary, or
correctional facility that receives a waiver pursuant to this
subsection may not transfer the ownership or right to use any
device authorized pursuant to the waiver to any third party for
use outside the area of the prison, penitentiary, or
correctional facility for which the waiver was granted.
``(5) Limitations on use.--Within 1 year after the date of
enactment of the Safe Prisons Communications Act of 2009, the
Commission shall adopt final regulations governing the use of
devices authorized by a waiver under this subsection that, at a
minimum, require that the prison, penitentiary, or correctional
facility--
``(A) utilize a device--
``(i) authorized by the Commission; and
``(ii) specifically approved by the
Commission for the purpose described in
paragraph (1);
``(B) operate the device at the lowest possible
transmission power necessary to prevent, jam, or
interfere with wireless communications by inmates; and
``(C) operate the device in a manner that does not
interfere with wireless communications that originate
and terminate outside the area of the prison,
penitentiary, or correctional facility, by operating
the device on a directionalized basis, by utilizing all
other interference-limiting capabilities available to
the device, or otherwise.
``(6) Suspension; revocation.--
``(A) Termination or suspension of waiver.--
``(i) Notice from provider.--The Commission
shall suspend a waiver granted under this
subsection with respect to a prison,
penitentiary, or correctional facility upon
receiving written notice from a commercial
mobile service provider, supported by affidavit
and such documentation as the Commission may
require, stating that use of a device by or at
such prison, penitentiary, or correctional
facility is interfering with commercial mobile
service provided by that provider or is
otherwise preventing or jamming such
communications (other than within the confines
of such prison, penitentiary, or correctional
facility). Within 90 days after receiving such
a notice and documentation, the Commission
shall conclude an investigation to determine
whether the device authorized for use at the
prison, penitentiary, or correctional facility
is causing such interference and shall issue an
order reinstating, modifying, or terminating
the waiver based on its findings and
conclusions.
``(ii) Noncompliant usage.--If the
Commission has reason to believe that a prison,
penitentiary, or correctional facility for
which a waiver has been granted under this
subsection is not in compliance with the
regulations under this subsection, the
Commission shall suspend the waiver until it
can make a determination with respect to such
compliance after notice and an opportunity for
a hearing.
``(B) Revocation.--The Commission may revoke a
waiver under this section for willful or repeated
violations, or failure to observe the requirements, of
the waiver or the regulations promulgated by the
Commission under this subsection.
``(C) Interim usage.--If the Commission initiates a
suspension or a revocation proceeding under this
paragraph, it may prohibit use of the device to which
the waiver relates at the prison, penitentiary, or
correctional facility for which the waiver was granted
during the pendency of any such proceeding.''.
SEC. 3. DEVICE CERTIFICATION CRITERIA RULEMAKING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Federal Communications Commission shall
adopt a final rule establishing criteria for certification for the
manufacture, sale, importation, and interstate shipment of devices that
may be used pursuant to a waiver under section 333(b) of the
Communications Act of 1934 (47 U.S.C. 333(b)), notwithstanding section
302 of such Act (47 U.S.C. 302a). The regulations shall require, at a
minimum, that any such device--
(1) operate at the lowest technically feasible transmission
power that will permit prison, penitentiary, or correctional
staff to prevent, jam, or interfere with wireless
communications within the geographic boundaries of a specified
prison, penitentiary, or correctional facility;
(2) be capable of directionalized operation; and
(3) comply with any other technical standards deemed
necessary or appropriate by the Commission to ensure that the
device does not create interference to other than the targeted
wireless communications.
(b) Certification Process.--After the date on which the final rule
promulgated under subsection (a) is published in the Federal Register,
the Commission shall grant or deny an application for certification of
a device described in subsection (a) within 180 calendar days of
receiving an application therefor. | Safe Prisons Communications Act of 2009 - Amends the Communications Act of 1934 to authorize the director of the Federal Bureau of Prisons or the chief executive officer of a state to petition the Federal Communications Commission (FCC) to permit the installation of devices to prevent, jam, or interfere with wireless communications within the geographic boundaries of a specific prison, penitentiary, or correctional facility under his or her jurisdiction.
Requires that the device be operated on a directional basis, using all other interference-limiting capabilities available to the device, or otherwise so that the device does not interfere with wireless communications that originate and terminate outside the area of the prison, penitentiary, or correctional facility.
Requires the FCC to adopt a final rule establishing criteria for certification for the manufacture, sale, importation, and interstate shipment of such devices. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to permit targeted interference with mobile radio services within prison facilities."} | 1,569 | 187 | 0.584498 | 1.654315 | 0.799628 | 5.745223 | 8.929936 | 0.929936 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Fair Pay Act of
1999''.
(b) Reference.--Except as provided in section 8, whenever in this
Act an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.).
SEC. 2. FINDINGS.
Congress finds the following:
(1) Wage rate differentials exist between equivalent jobs
segregated by sex, race, and national origin in Government
employment and in industries engaged in commerce or in the
production of goods for commerce.
(2) The existence of such wage rate differentials--
(A) depresses wages and living standards for
employees necessary for their health and efficiency;
(B) prevents the maximum utilization of the
available labor resources;
(C) tends to cause labor disputes, thereby
burdening, affecting, and obstructing commerce;
(D) burdens commerce and the free flow of goods in
commerce; and
(E) constitutes an unfair method of competition.
(3) Discrimination in hiring and promotion has played a
role in maintaining a segregated work force.
(4) Many women and people of color work in occupations
dominated by individuals of their same sex, race, and national
origin.
(5)(A) A General Accounting Office analysis of wage rates
in the civil service of the State of Washington found that in
1985 of the 44 jobs studied that paid less than the average of
all equivalent jobs, approximately 39 percent were female-
dominated and approximately 16 percent were male dominated.
(B) A study of wage rates in Minnesota using 1990 Decennial
Census data found that 75 percent of the wage rate differential
between white and non-white workers was unexplained and may be
a result of discrimination.
(6) Section 6(d) of the Fair Labor Standards Act of 1938
prohibits discrimination in compensation for ``equal work'' on
the basis of sex.
(7) Title VII of the Civil Rights Act of 1964 prohibits
discrimination in compensation because of race, color,
religion, national origin, and sex. The Supreme Court, in its
decision in County of Washington v. Gunther, 452 U.S. 161
(1981), held that title VII's prohibition against
discrimination in compensation also applies to jobs that do not
constitute ``equal work'' as defined in section 6(d) of the
Fair Labor Standards Act of 1938. Decisions of lower courts,
however, have demonstrated that further clarification of
existing legislation is necessary in order effectively to carry
out the intent of Congress to implement the Supreme Court's
holding in its Gunther decision.
(8) Artificial barriers to the elimination of
discrimination in compensation based upon sex, race, and
national origin continue to exist more than 3 decades after the
passage of section 6(d) of the Fair Labor Standards Act of 1938
and the Civil Rights Act of 1964. Elimination of such barriers
would have positive effects, including--
(A) providing a solution to problems in the economy
created by discrimination through wage rate
differentials;
(B) substantially reducing the number of working
women and people of color earning low wages, thereby
reducing the dependence on public assistance; and
(C) promoting stable families by enabling working
family members to earn a fair rate of pay.
SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.
(a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at
the end the following:
``(h)(1)(A)(i) Except as provided in clause (ii), no employer
having employees subject to any provision of this section shall
discriminate, within any establishment in which such employees are
employed, between employees on the basis of sex, race, or national
origin by paying wages to employees in such establishment in a job that
is dominated by employees of a particular sex, race, or national origin
at a rate less than the rate at which the employer pays wages to
employees in such establishment in another job that is dominated by
employees of the opposite sex or of a different race or national
origin, respectively, for work on equivalent jobs.
``(ii) Nothing in clause (i) shall prohibit the payment of
different wage rates to employees where such payment is made pursuant
to--
``(I) a seniority system;
``(II) a merit system; or
``(III) a system that measures earnings by quantity or
quality of production.
``(iii) The Equal Employment Opportunity Commission shall issue
guidelines specifying criteria for determining whether a job is
dominated by employees of a particular sex, race, or national origin.
Such guidelines shall not include a list of such jobs.
``(B) An employer who is paying a wage rate differential in
violation of subparagraph (A) shall not, in order to comply with the
provisions of such subparagraph, reduce the wage rate of any employee.
``(2) No labor organization or its agents representing employees of
an employer having employees subject to any provision of this section
shall cause or attempt to cause such an employer to discriminate
against an employee in violation of paragraph (1)(A).
``(3) For purposes of administration and enforcement of this
subsection, any amounts owing to any employee that have been withheld
in violation of paragraph (1)(A) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation under this section or section 7.
``(4) As used in this subsection:
``(A) The term `labor organization' means any organization
of any kind, or any agency or employee representation committee
or plan, in which employees participate and which exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
``(B) The term `equivalent jobs' means jobs that may be
dissimilar, but whose requirements are equivalent, when viewed
as a composite of skills, effort, responsibility, and working
conditions.''.
(b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is
amended in the matter before paragraph (1) by striking ``section 6(d)''
and inserting ``sections 6(d) and 6(h)''.
SEC. 4. PROHIBITED ACTS.
Section 15(a) (29 U.S.C. 215(a)) is amended--
(1) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(2) by adding after paragraph (5) the following new
paragraphs:
``(6) to discriminate against any individual because such
individual has opposed any act or practice made unlawful by
section 6(h) or because such individual made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing to enforce section 6(h);
or
``(7) to discharge or in any other manner discriminate
against, coerce, intimidate, threaten, or interfere with any
employee or any other person because the employee inquired
about, disclosed, compared, or otherwise discussed the
employee's wages or the wages of any other employee, or because
the employee exercised, enjoyed, aided, or encouraged any other
person to exercise or enjoy any right granted or protected by
section 6(h).''.
SEC. 5. REMEDIES.
Section 16 (29 U.S.C. 216) is amended--
(1) by adding at the end the following:
``(f) In any action brought under this section for violation of
section 6(h), the court shall, in addition to any other remedies
awarded to the prevailing plaintiff or plaintiffs, allow expert fees as
part of the costs. Any such action may be maintained as a class action
as provided by the Federal Rules of Civil Procedure.'';
(2) in subsection (b), by striking ``section 15(a)(3)''
each place it occurs and inserting ``paragraphs (3), (6), and
(7) of section 15(a)''; and
(3) in the fourth sentence of subsection (b), by striking
``No employees'' and inserting ``Except with respect to class
actions brought under subsection (f), no employees''.
SEC. 6. RECORDS.
(a) Technical Amendment.--Section 11(c) (29 U.S.C. 211(c)) is
amended by inserting ``(1)'' after ``(c)''.
(b) Records.--Section 11(c) (as amended by subsection (a)) is
further amended by adding at the end the following:
``(2)(A) Every employer subject to section 6(h) shall preserve
records that document and support the method, system, calculations, and
other bases used by the employer in establishing, adjusting, and
determining the wage rates paid to the employees of the employer. Every
employer subject to section 6(h) shall preserve such records for such
periods of time, and shall make such reports from the records to the
Equal Employment Opportunity Commission, as shall be prescribed by the
Equal Employment Opportunity Commission by regulation or order as
necessary or appropriate for the enforcement of the provisions of
section 6(h) or any regulation promulgated pursuant to section 6(h).''.
(c) Small Business Exemptions.--Section 11(c) (as amended by
subsections (a) and (b)) is further amended by adding at the end the
following:
``(B)(i) Every employer subject to section 6(h) that has 25 or more
employees on any date during the first or second year after the
effective date of this paragraph, or 15 or more employees on any date
during any subsequent year after such second year, shall, in accordance
with regulations promulgated by the Equal Employment Opportunity
Commission under subparagraph (F), prepare and submit to the Equal
Employment Opportunity Commission for the year involved a report signed
by the president, treasurer, or corresponding principal officer, of the
employer that includes information that discloses the wage rates paid
to employees of the employer in each classification, position, or job
title, or to employees in other wage groups employed by the employer,
including information with respect to the sex, race, and national
origin of employees at each wage rate in each classification, position,
job title, or other wage group.''.
(d) Protection of Confidentiality.--Section 11(c) (as amended by
subsections (a) through (c)) is further amended by adding at the end
the following:
``(ii) The rules and regulations promulgated by the Equal
Employment Opportunity Commission under subparagraph (F), relating to
the form of such a report, shall include requirements to protect the
confidentiality of employees, including a requirement that the report
shall not contain the name of any individual employee.''.
(e) Use; Inspections; Examinations; Regulations.--Section 11(c) (as
amended by subsections (a) through (d)) is further amended by adding at
the end the following:
``(C) The Equal Employment Opportunity Commission may publish any
information and data that the Equal Employment Opportunity Commission
obtains pursuant to the provisions of subparagraph (B). The Equal
Employment Opportunity Commission may use the information and data for
statistical and research purposes, and compile and publish such
studies, analyses, reports, and surveys based on the information and
data as the Equal Employment Opportunity Commission may consider
appropriate.
``(D) In order to carry out the purposes of this Act, the Equal
Employment Opportunity Commission shall by regulation make reasonable
provision for the inspection and examination by any person of the
information and data contained in any report submitted to the Equal
Employment Opportunity Commission pursuant to subparagraph (B).
``(E) The Equal Employment Opportunity Commission shall by
regulation provide for the furnishing of copies of reports submitted to
the Equal Employment Opportunity Commission pursuant to subparagraph
(B) to any person upon payment of a charge based upon the cost of the
service.
``(F) The Equal Employment Opportunity Commission shall issue rules
and regulations prescribing the form and content of reports required to
be submitted under subparagraph (B) and such other reasonable rules and
regulations as the Equal Employment Opportunity Commission may find
necessary to prevent the circumvention or evasion of such reporting
requirements. In exercising the authority of the Equal Employment
Opportunity Commission under subparagraph (B), the Equal Employment
Opportunity Commission may prescribe by general rule simplified reports
for employers for whom the Equal Employment Opportunity Commission
finds that because of the size of the employers a detailed report would
be unduly burdensome.''.
SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT
TO CONGRESS.
Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the
following:
``(4) The Equal Employment Opportunity Commission shall conduct
studies and provide information and technical assistance to employers,
labor organizations, and the general public concerning effective means
available to implement the provisions of section 6(h) prohibiting wage
rate discrimination between employees performing work in equivalent
jobs on the basis of sex, race, or national origin. Such studies,
information, and technical assistance shall be based on and include
reference to the objectives of such section to eliminate such
discrimination. In order to achieve the objectives of such section, the
Equal Employment Opportunity Commission shall carry on a continuing
program of research, education, and technical assistance including--
``(A) conducting and promoting research with the intent of
developing means to expeditiously correct the wage rate
differentials described in section (6)(h);
``(B) publishing and otherwise making available to
employers, labor organizations, professional associations,
educational institutions, the various media of communication,
and the general public the findings of studies and other
materials for promoting compliance with section 6(h);
``(C) sponsoring and assisting State and community
informational and educational programs; and
``(D) providing technical assistance to employers, labor
organizations, professional associations and other interested
persons on means of achieving and maintaining compliance with
the provisions of section 6(h).
``(5) The report submitted biennially by the Secretary to Congress
under paragraph (1) shall include a separate evaluation and appraisal
regarding the implementation of section 6(h).''.
SEC. 8. CONFORMING AMENDMENTS.
(a) Congressional Employees.--
(1) Application.--Section 203(a)(1) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1313(a)(1)) is amended--
(A) by striking ``subsections (a)(1) and (d) of
section 6'' and inserting ``subsections (a)(1), (d),
and (h) of section 6''; and
(B) by striking ``206 (a)(1) and (d)'' and
inserting ``206 (a)(1), (d), and (h)''.
(2) Remedies.--Section 203(b) of such Act (2 U.S.C.
1313(b)) is amended by inserting before the period the
following: ``or, in an appropriate case, under section 16(f) of
such Act (29 U.S.C. 216(f))''.
(b) Executive Branch Employees.--
(1) Application.--Section 413(a)(1) of title 3, United
States Code, as added by section 2(a) of the Presidential and
Executive Office Accountability Act (Public Law 104-331; 110
Stat. 4053), is amended by striking ``subsections (a)(1) and
(d) of section 6'' and inserting ``subsections (a)(1), (d), and
(h) of section 6''.
(2) Remedies.--Section 413(b) of such title is amended by
inserting before the period the following: ``or, in an
appropriate case, under section 16(f) of such Act''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect 1 year after the
date of enactment of this Act. | (Sec. 4) Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it.
(Sec. 5) Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action.
(Sec. 6) Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC); and (2) make reports to the EEOC.
(Sec. 7) Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.
(Sec. 8) Makes conforming amendments relating to congressional and executive branch employees under the Congressional Accountability Act of 1995 and the Presidential and Executive Office Accountability Act. | {"src": "billsum_train", "title": "Fair Pay Act of 1999"} | 3,606 | 315 | 0.433641 | 1.396951 | 0.621694 | 3.972028 | 11.625874 | 0.951049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Long-Term Care Act of
1999''.
SEC. 2. EXPANDED LONG-TERM CARE SERVICES UNDER MEDICARE PROGRAM FOR
DEPENDENT INDIVIDUALS.
(a) In General.--
(1) Part a.--Section 1812 of the Social Security Act (42
U.S.C. 1395d) is amended--
(A) in subsection (a)--
(i) in paragraph (2)(B), by striking
``subsection (f),'' and inserting ``subsection
(f) and section 1889,'',
(ii) by striking ``and'' at the end of
paragraph (3),
(iii) by striking the period at the end of
paragraph (4) and inserting ``; and'', and
(iv) by adding at the end the following new
paragraph:
``(5) long-term care services consisting of extended care
services (in accordance with section 1889).''; and
(B) in subsection (b)(2), by striking ``post-
hospital'' and inserting ``except as provided in
section 1889, post-hospital''.
(2) Part b.--Section 1861(s)(2) of such Act (42 U.S.C.
1395x(s)(2)) is amended--
(A) in subparagraph (S), by striking ``and'' at the
end;
(B) in subparagraph (T), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after subparagraph (T) the
following new subparagraph:
``(U) long-term care services consisting of in-home care
(in accordance with section 1889);''.
(b) Description of Services; Eligibility.--Title XVIII of such Act
is amended by inserting after section 1888 the following new section:
``long-term care services for dependent individuals
``Sec. 1889. (a) In General.--An individual entitled to benefits
under this part shall be entitled to have payments made on the
individual's behalf for long-term care services if--
``(1) the individual is a dependent individual; and
``(2) such services are provided in accordance with a case
management plan developed by a case management agency.
``(b) Services Provided.--In this section, the term `long-term care
services' means--
``(1) in-home care (as defined in subsection (e)); and
``(2) extended care services (as defined in section
1861(h)), but only with respect to a chronically dependent
individual.
``(c) Payment for Services.--
``(1) In general.--Subject to paragraph (2), the amount
payable for long-term care services under this section shall be
determined in accordance with a fee schedule for such services
established by the Secretary.
``(2) Imposition of deductible.--The amount otherwise
payable for long-term care services under this section
furnished during a calendar year shall be reduced by an amount
equal to the deductible imposed for inpatient hospital services
for the year under section 1813(a)(1).
``(d) Dependent Individual Defined.--
``(1) In general.--In this section, the term `dependent
individual' means an individual who--
``(A) is unable to perform (without substantial
assistance from another individual) because of physical
or cognitive impairment at least 2 of the following
activities of daily living: bathing, dressing,
toileting, transferring, and eating; or
``(B) has a similar level of disability due to
cognitive impairment that requires substantial
direction, instruction, or supervision of another
individual in order--
``(i) to perform 2 or more of the
activities of daily living described in
subparagraph (A), or
``(ii) to remain in the community without
causing harm to self or others because of
inappropriate behavioral patterns.
``(2) Chronically dependent individual.--In this section,
the term `chronically dependent individual' means an individual
described in paragraph (1) who--
``(A) for purposes of subparagraph (A) of such
paragraph, is unable to perform at least 3 of the
activities of daily living described in such
subparagraph; or
``(B) for purposes of subparagraph (B)(i) of such
paragraph, has a level of disability that requires
direction, instruction, or supervision of another
individual to perform 3 or more of such activities of
daily living.
``(3) Activities of daily living defined.--The `activities
of daily living' referred to in this subsection are as follows:
``(A) Eating.
``(B) Bathing.
``(C) Dressing.
``(D) Toileting.
``(E) Transferring in and out of a bed or in and
out of a chair.
``(e) In-Home Care.--
``(1) In general.--For purposes of this section, the term
`in-home care' means the items and services described in
paragraph (2) furnished to an individual by a home care agency
(as defined in section 1861(uu)) or by others under
arrangements with them made by the agency provided in a place
of residence used as such individual's home (other than
services described in paragraph (2)(H)).
``(2) Services described.--The items and services described
in this paragraph are as follows:
``(A) Nursing care provided by or under the
supervision of a registered professional nurse.
``(B) Services of a homemaker/home health aide who
has successfully completed a training and competency
evaluation program approved by the Secretary.
``(C) Personal care services.
``(D) Medical social services.
``(E) Physical, occupational, or respiratory
therapy or speech-language pathology.
``(F) Medical supplies (other than drugs and
biologicals) and durable medical equipment, while under
such a plan.
``(G) Patient and caregiver (including family
caregiver) education and training to develop skills
necessary to permit the individual to remain in the
home setting.
``(H) Community care services furnished outside of
the place of residence.
``(I) Such other home-based items and services
(other than room and board) as the Secretary may
approve.
``(f) Case Management Requirements.--
``(1) Requests for assessment.--Each individual entitled to
benefits under this title (or another person on such
individual's behalf) may request a case management agency to
conduct an assessment under this section to determine whether
the individual is a dependent individual or a chronically
dependent individual.
``(2) Description of plans.--For purposes of this section,
a `case management plan' means, with respect to an individual,
a written plan of care which--
``(A) is established and periodically reviewed and
revised by a case management agency; and
``(B) reflects the individual's needs identified in
the assessment under paragraph (1).
``(3) Case management agency defined.--In this section, the
term `case management agency' means a nonprofit or public
agency or organization (or a nonprofit or public subdivision of
such an agency or organization) certified by the Secretary to
conduct assessments and establish case management plans under
this subsection which--
``(A) is experienced in conducting assessments, in
establishing and periodically reviewing and revising
case management plans for nursing facility services and
in-home care, and in coordinating and reviewing the
quality of the provision of such services and care;
``(B) is capable of efficiently and effectively
performing directly or through contracts under
paragraph (4) such duties; and
``(C) does not provide nursing facility services or
in-home care and does not have a direct or indirect
ownership or control interest in, or direct or indirect
affiliation or relationship with, an entity that
provides, such services or care.
``(4) Contracting out certain functions.--The Secretary
shall permit a case management agency, to the extent necessary
to carry out functions under this section, to provide for
assessments and case management plans through contracts with
nonprofit or public organizations which do not provide nursing
facility services or in-home care and do not have a direct or
indirect ownership or control interest in, or direct or
indirect affiliation or relationship with, an entity that
provides, such services or care.''.
(c) Conforming Amendments.--(1) Section 1833(a)(1) of such Act (42
U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (P)'' and inserting ``(P)''; and
(B) by striking the semicolon at the end and inserting the
following: ``, and (Q) with respect to expenses incurred for
services described in section 1861(s)(2)(P), the amounts paid
shall be the amounts determined under section 1889(c);''.
(2) Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding
at the end the following new subsection:
``home care agency
``(uu) The term `home care agency' means a public agency or private
organization, or a subdivision of such an agency or organization, which
is a home health agency (as defined in subsection (o)) or--
``(1) is primarily engaged in providing services of
homemaker/home health aides and personal care aides;
``(2) maintains clinical records on all patients;
``(3) in the case of an agency or organization in any State
in which State or applicable local law provides for the
licensing of agencies or organizations of this nature--
``(A) is licensed pursuant to such law, or
``(B) is approved, by the agency of such State or
locality, responsible for licensing agencies or
organizations of this nature, as meeting the standards
established for such licensing; and
``(4) meets such other requirements as the Secretary may
find necessary in the interest of the health and safety of
individuals who are furnished services by such agency or
organization and for the effective and efficient operation of
the program.''.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2000. | Comprehensive Long-Term Care Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to: (1) extend Medicare part A (Hospital Insurance) coverage of extended care services to chronically dependent individuals; and (2) provide for coverage of home care services under Medicare part B (Supplementary Medical Insurance). | {"src": "billsum_train", "title": "Comprehensive Long-Term Care Act of 1999"} | 2,298 | 74 | 0.560881 | 1.234648 | 0.623029 | 2.296875 | 33.953125 | 0.890625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pulmonary Hypertension Research Act
of 2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) In order to take full advantage of the tremendous
potential for finding a cure or effective treatment, the
Federal investment in pulmonary hypertension must be expanded,
and coordination among the national research institutes of the
National Institutes of Health must be strengthened.
(2) Primary, or unexplained, pulmonary hypertension
(``PPH'') is a rare lung disorder which occurs for no apparent
reason. It has been historically chronic and incurable with a
poor survival rate.
(3) In the United States it has been estimated that 300 new
cases of PPH are diagnosed each year, or about two persons per
million population per year; the greatest number are reported
in women between the ages of 21 and 40. While at one time the
disease was thought to occur among young women almost
exclusively; we now know, however, that men and women in all
age ranges, from very young children to elderly people, can
develop PPH. It also affects people of all racial and ethnic
origins equally.
(4) The low prevalence of PPH makes learning more about the
disease extremely difficult. Studies of PPH also have been
difficult because a good animal model of the disease has not
been available.
(5) In about 6 to 10 percent of cases, PPH is familial.
(6) In the more advanced stages of PPH, the patient is able
to perform only minimal activity and has symptoms even when
resting. The disease may worsen to the point where the patient
is completely bedridden.
(7) PPH remains a diagnosis of exclusion and is rarely
picked up in a routine medical examination. Even in its later
stages, the signs of the disease can be confused with other
conditions affecting the heart and lungs.
(8) In 1981, the National Heart, Lung, and Blood Institute
established the first PPH-patient registry in the world. The
registry followed 194 people with PPH over a period of at least
1 year and, in some cases, for as long as 7.5 years. Much of
what we know about the illness today stems from this study.
(9) Because we still do not understand the cause or have a
cure for PPH, basic research studies are focusing on the
possible involvement of immunologic and genetic factors in the
cause and progression of PPH, looking at agents that cause
narrowing of the pulmonary blood vessels, and identifying
factors that cause growth of smooth muscle and formation of
scar tissue in the vessel walls.
(10) During the period January 1996 through December 1997
almost 6,000,000 Americans took anorexic drugs, which can cause
PPH in some people. Thousands now have PPH and are in terminal
stages or have already succumbed to the disease. It is
anticipated that many more cases of PPH from diet drugs will be
diagnosed within the coming years.
(11) Secondary pulmonary hypertension (``SPH'') means the
cause is known. Common causes of SPH are the breathing
disorders emphysema and bronchitis. Other less frequent causes
are the inflammatory or collagen vascular diseases such as
scleroderma, CREST syndrome or systemic lupus erythematosus
(``SLE''). Other causes include congenital heart diseases that
cause shunting of extra blood through the lungs like
ventricular and atrial septal defects, chronic pulmonary
thromboembolism, HIV infection, liver disease and certain diet
drugs.
SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE WITH RESPECT TO
RESEARCH ON PULMONARY HYPERTENSION.
Subpart 2 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285b et seq.) is amended by inserting after section 424B the
following section:
``pulmonary hypertension
``Sec. 424C. (a) In General.--
``(1) Expansion of activities.--The Director of the
Institute shall expand, intensify, and coordinate the
activities of the Institute with respect to research on
pulmonary hypertension.
``(2) Coordination with other institutes.--The Director of
the Institute shall coordinate the activities of the Director
under paragraph (1) with similar activities conducted by other
national research institutes and agencies of the National
Institutes of Health to the extent that such Institutes and
agencies have responsibilities that are related to pulmonary
hypertension.
``(b) Centers of Excellence.--
``(1) In general.--In carrying out subsection (a), the
Director of the Institute shall make grants to, or enter into
contracts with, public or nonprofit private entities for the
development and operation of centers to conduct research on pulmonary
hypertension.
``(2) Research, training, and information and education.--
``(A) In general.--With respect to pulmonary
hypertension, each center assisted under paragraph (1)
shall--
``(i) conduct basic and clinical research
into the cause, diagnosis, early detection,
prevention, control, and treatment of such
disease;
``(ii) conduct training programs for
scientists and health professionals;
``(iii) conduct programs to provide
information and continuing education to health
professionals; and
``(iv) conduct programs for the
dissemination of information to the public.
``(B) Stipends for training of health
professionals.--A center under paragraph (1) may use
funds under such paragraph to provide stipends for
scientists and health professionals enrolled in
programs described in subparagraph (A)(ii).
``(3) Coordination of centers; reports.--The Director
shall, as appropriate, provide for the coordination of
information among centers under paragraph (1) and ensure
regular communication between such centers, and may require the
periodic preparation of reports on the activities of the
centers and the submission of the reports to the Director.
``(4) Organization of centers.--Each center under paragraph
(1) shall use the facilities of a single institution, or be
formed from a consortium of cooperating institutions, meeting
such requirements as may be prescribed by the Director.
``(5) Number of centers; duration of support.--The Director
shall, subject to the extent of amounts made available in
appropriations Acts, provide for the establishment of not less
than three centers under paragraph (1). Support of such a
center may be for a period not exceeding 5 years. Such period
may be extended for one or more additional periods not
exceeding 5 years if the operations of such center have been
reviewed by an appropriate technical and scientific peer review
group established by the Director and if such group has
recommended to the Director that such period should be
extended.
``(c) Data System; Clearinghouse.--
``(1) Data system.--The Director of the Institute shall
establish a data system for the collection, storage, analysis,
retrieval, and dissemination of data derived from patient
populations with pulmonary hypertension, including where
possible, data involving general populations for the purpose of
identifying individuals at risk of developing such condition.
``(2) Clearinghouse.--The Director of the Institute shall
establish an information clearinghouse to facilitate and
enhance, through the effective dissemination of information,
knowledge and understanding of pulmonary hypertension by health
professionals, patients, industry, and the public.
``(d) Public Input.--In carrying out subsection (a), the Director
of the Institute shall provide for means through which the public can
obtain information on the existing and planned programs and activities
of the National Institutes of Health with respect to primary
hypertension and through which the Director can receive comments from
the public regarding such programs and activities.
``(e) Reports.--The Director of the Institute shall prepare
biennial reports on the activities conducted and supported under this
section, and shall include such reports in the biennial reports
prepared by the Director under section 407.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary up to $25,000,000 for each of the fiscal years 2004
through 2008. Such authorizations of appropriations are in addition to
any other authorization of appropriations that is available for such
purpose.''. | Pulmonary Hypertension Research Act of 2003 - Amends the Public Health Service Act to require the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate the activities of the Institute with respect to research on pulmonary hypertension and to coordinate the Director's activities with related activities of other national research institutes and National Institutes of Health agencies. Requires the Director to make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to conduct research and programs on pulmonary hypertension, including: (1) basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of the disease; (2) training programs for scientists and health professionals; (3) programs to provide information and continuing education to health professionals; and (4) programs for the dissemination of information to the public. Requires the Director to establish: (1) a data system for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with pulmonary hypertension; and (2) an information clearinghouse to facilitate and enhance knowledge and understanding of pulmonary hypertension by health professionals, patients, industry, and the public. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the activities of the National Heart, Lung, and Blood Institute with respect to research on pulmonary hypertension."} | 1,822 | 252 | 0.443167 | 1.335374 | 0.787913 | 5.678112 | 7.257511 | 0.982833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Government Greenhouse Gas
Registry Act of 2007''.
SEC. 2. FEDERAL GREENHOUSE GAS EMISSIONS.
The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at
the end the following:
``TITLE VII--FEDERAL GREENHOUSE GAS EMISSIONS
``SEC. 701. DEFINITIONS.
``In this title:
``(1) Agency emission baseline.--The term `agency emission
baseline', with respect to a Federal agency, means such
quantity of the aggregate quantity of direct emissions, energy
indirect emissions, and indirect emissions used to calculate
the emission baseline as is attributable to the Federal agency.
``(2) Direct emission.--The term `direct emission' means an
emission of a greenhouse gas directly from a source owned or
controlled by the Federal Government, such as from a fleet of
motor vehicles.
``(3) Emission allowance.--The term `emission allowance'
means an authorization to emit, for any fiscal year, 1 ton of
carbon dioxide (or the equivalent quantity of any other
greenhouse gas, as determined by the Administrator).
``(4) Emission baseline.--The term `emission baseline'
means a quantity of greenhouse gas emissions equal to the
aggregate quantity of direct emissions, energy indirect
emissions, and indirect emissions for fiscal year 2005, as
determined by the Office in accordance with section 702(b)(3).
``(5) Energy indirect emission.--The term `energy indirect
emission' means an emission of a greenhouse gas resulting from
the production of electricity purchased and used by the Federal
Government.
``(6) Greenhouse gas.--The term `greenhouse gas' means any
of--
``(A) carbon dioxide;
``(B) methane;
``(C) nitrous oxide;
``(D) hydrofluorocarbons;
``(E) perfluorocarbons; and
``(F) sulfur hexafluoride.
``(7) Indirect emission.--
``(A) In general.--The term `indirect emission'
means an emission of greenhouse gases resulting from
the conduct of a project or activity (including
outsourcing of a project or activity) by the Federal
Government (or any Federal officer or employee acting
in an official capacity).
``(B) Inclusions.--The term `indirect emission'
includes an emission of a greenhouse gas resulting
from--
``(i) employee travel; or
``(ii) the use of an energy-intensive
material, such as paper.
``(C) Exclusion.--The term `indirect emission' does
not include an energy indirect emission.
``(8) Office.--The term `Office' means the Federal
Emissions Inventory Office established by section 702(a).
``(9) Protocol.--The term `protocol' means the Greenhouse
Gas Protocol Corporate Accounting and Reporting Standard
developed by the World Resources Institute and World Business
Council on Sustainable Development.
``SEC. 702. FEDERAL EMISSIONS INVENTORY OFFICE.
``(a) Establishment.--There is established within the Environmental
Protection Agency an office to be known as the `Federal Emissions
Inventory Office'.
``(b) Duties.--The Office shall--
``(1) as soon as practicable after the date of enactment of
this title, develop an emission inventory or other appropriate
system to measure and verify direct emissions, energy indirect
emissions, indirect emissions, and offsets of those emissions;
``(2) ensure that the process of data collection for the
inventory or system is reliable, transparent, and accessible;
``(3)(A)(i) not later than 1 year after the date of
enactment of this title, establish an emission baseline for the
Federal Government; or
``(ii) not later than 180 days after the date of enactment
of this title, if the Office determines that Federal agencies
have not collected enough information, or sufficient data are
otherwise unavailable, to establish an emission baseline,
submit to Congress and the Administrator a report describing
the type and quantity of data that are unavailable; and
``(B) after establishment of an emission baseline under
subparagraph (A), periodically review and, if new information
relating to the base year becomes available, revise the
emission baseline, as appropriate;
``(4) upon development of the inventory or system under
paragraph (1), use the inventory or system to begin accounting
for direct emissions, energy indirect emissions, and indirect
emissions in accordance with the protocol;
``(5) ensure that the inventory or other appropriate system
developed under paragraph (1) is periodically audited to ensure
that data reported in accordance with the inventory or system
are relevant, complete, and transparent;
``(6) not later than 1 year after the date of enactment of
this title--
``(A) develop such additional procedures as are
necessary to account for emissions described in
paragraph (3), particularly indirect emissions; and
``(B) submit to Congress and the Administrator a
report that describes any additional data necessary to
calculate indirect emissions;
``(7) coordinate with climate change and greenhouse gas
registries being developed by States and Indian tribes; and
``(8) not later than October 1 of the year after the date
of enactment of this title, and annually thereafter, submit to
Congress and the Administrator a report that, for the preceding
fiscal year, for the Federal Government and each Federal
agency--
``(A) describes the aggregate quantity of emissions
(including direct emissions, energy indirect emissions,
and indirect emissions); and
``(B) specifies separately the quantities of direct
emissions, energy indirect emissions, and indirect
emissions comprising that aggregate quantity.
``SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this title.''. | Federal Government Greenhouse Gas Registry Act of 2007 - Amends the Clean Air Act to establish within the Environmental Protection Agency (EPA) the Federal Emissions Inventory Office. Sets forth the Offices' duties, including: (1) developing and using a greenhouse gas emission inventory or other system to measure and verify direct emissions (emissions directly from a source owned or controlled by the federal government), energy indirect emissions (emissions resulting from the production of electricity purchased and used by the federal government), indirect emissions (emissions resulting from the conduct of a project or activity by the federal government), and offsets of those emissions; and (2) establishing an emission baseline for the federal government. | {"src": "billsum_train", "title": "A bill to amend the Clean Air Act to establish within the Environmental Protection Agency an office to measure and report on greenhouse gas emissions of Federal agencies."} | 1,335 | 147 | 0.623215 | 1.607137 | 0.734443 | 3.992424 | 9.265152 | 0.931818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Officer Medal of Valor
Act of 2001''.
SEC. 2. AUTHORIZATION OF MEDAL.
After September 1, 2001, the President may award, and present in
the name of Congress, a Medal of Valor of appropriate design, with
ribbons and appurtenances, to a public safety officer who is cited by
the Attorney General, upon the recommendation of the Medal of Valor
Review Board, for extraordinary valor above and beyond the call of
duty. The Public Safety Medal of Valor shall be the highest national
award for valor by a public safety officer.
SEC. 3. MEDAL OF VALOR BOARD.
(a) Establishment of Board.--There is established a Medal of Valor
Review Board (hereinafter in this Act referred to as the ``Board''),
which shall be composed of 11 members appointed in accordance with
subsection (b) and shall conduct its business in accordance with this
Act.
(b) Membership.--
(1) Members.--The members of the Board shall be individuals
with knowledge or expertise, whether by experience or training,
in the field of public safety, of which--
(A) two shall be appointed by the majority leader
of the Senate;
(B) two shall be appointed by the minority leader
of the Senate;
(C) two shall be appointed by the Speaker of the
House of Representatives;
(D) two shall be appointed by the minority leader
of the House of Representatives; and
(E) three shall be appointed by the President,
including one with experience in firefighting, one with
experience in law enforcement, and one with experience
in emergency services.
(2) Term.--The term of a Board member shall be 4 years.
(3) Vacancies.--Any vacancy in the membership of the Board
shall not affect the powers of the Board and shall be filled in
the same manner as the original appointment.
(4) Operation of the board.--
(A) Chairman.--The Chairman of the Board shall be
elected by the members of the Board from among the
members of the Board.
(B) Meetings.--The Board shall conduct its first
meeting not later than 90 days after the appointment of
the last member appointed of the initial group of
members appointed to the Board. Thereafter, the Board
shall meet at the call of the Chairman of the Board.
The Board shall meet not less often than twice each
year.
(C) Voting and rules.--A majority of the members
shall constitute a quorum to conduct business, but the
Board may establish a lesser quorum for conducting
hearings scheduled by the Board. The Board may
establish by majority vote any other rules for the
conduct of the Board's business, if such rules are not
inconsistent with this Act or other applicable law.
(c) Duties.--The Board shall select candidates as recipients of the
Medal of Valor from among those applications received by the National
Medal of Valor Office. Not more often than once each year, the Board
shall present to the Attorney General the name or names of those it
recommends as Medal of Valor recipients. In a given year, the Board
shall not be required to select any recipients but may not select more
than 5 recipients. The Attorney General may in extraordinary cases
increase the number of recipients in a given year. The Board shall set
an annual timetable for fulfilling its duties under this Act.
(d) Hearings.--
(1) In general.--The Board may hold such hearings, sit and
act at such times and places, administer such oaths, take such
testimony, and receive such evidence as the Board considers
advisable to carry out its duties.
(2) Witness expenses.--Witnesses requested to appear before
the Board may be paid the same fees as are paid to witnesses
under section 1821 of title 28, United States Code. The per
diem and mileage allowances for witnesses shall be paid from
funds appropriated to the Board.
(e) Information From Federal Agencies.--The Board may secure
directly from any Federal department or agency such information as the
Board considers necessary to carry out its duties. Upon the request of
the Board, the head of such department or agency may furnish such
information to the Board.
(f) Information To Be Kept Confidential.--The Board shall not
disclose any information which may compromise an ongoing law
enforcement investigation or is otherwise required by law to be kept
confidential.
SEC. 4. BOARD PERSONNEL MATTERS.
(a) Compensation of Members.--(1) Except as provided in paragraph
(2), each member of the Board 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
such member is engaged in the performance of the duties of the Board.
(2) All members of the Board who serve as officers or employees of
the United States, a State, or a local government, shall serve without
compensation in addition to that received for those services.
(b) Travel Expenses.--The members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of service for the Board.
SEC. 5. DEFINITIONS.
In this Act:
(1) Public safety officer.--The term ``public safety
officer'' means a person serving a public agency, with or
without compensation, as a firefighter, law enforcement
officer, or emergency services officer, as determined by the
Attorney General. For the purposes of this paragraph, the term
``law enforcement officer'' includes a person who is a
corrections or court officer or a civil defense officer.
(2) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General
such sums as may be necessary to carry out this Act.
SEC. 7. NATIONAL MEDAL OF VALOR OFFICE.
There is established within the Department of Justice a National
Medal of Valor Office. The Office shall provide staff support to the
Board to establish criteria and procedures for the submission of
recommendations of nominees for the Medal of Valor and for the final
design of the Medal of Valor.
SEC. 8. CONFORMING REPEAL.
Section 15 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2214) is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Establishment.--There is hereby established an honorary award
for the recognition of outstanding and distinguished service by public
safety officers to be known as the Director's Award For Distinguished
Public Safety Service (`Director's Award').'';
(2) in subsection (b)--
(A) by striking paragraph (1); and
(B) by striking ``(2)'';
(3) by striking subsections (c) and (d) and redesignating
subsections (e), (f), and (g) as subsections (c), (d), and (e),
respectively; and
(4) in subsection (c), as so redesignated--
(A) by striking paragraph (1); and
(B) by striking ``(2)''.
SEC. 9. CONSULTATION REQUIREMENT.
The Board shall consult with the Institute of Heraldry within the
Department of Defense regarding the design and artistry of the Medal of
Valor. The Board may also consider suggestions received by the
Department of Justice regarding the design of the medal, including
those made by persons not employed by the Department.
Passed the Senate May 14, 2001.
Attest:
Secretary.
107th CONGRESS
1st Session
S. 39
_______________________________________________________________________
AN ACT
To provide a national medal for public safety officers who act with
extraordinary valor above and beyond the call of duty, and for other
purposes. | Public Safety Officer Medal of Valor Act of 2001 - Allows the President to award, and present in the name of the Congress, a Medal of Valor to a public safety officer cited by the Attorney General, upon the recommendation of the Medal of Valor Review Board, for extraordinary valor above and beyond the call of duty. Provides that the Public Safety Medal of Valor shall be the highest national award for valor by a public safety officer.Establishes a Medal of Valor Review Board to select candidates to receive the Medal from among applications received by the National Medal of Valor Office. Requires the Board to consult with the Institute of Heraldry in the Department of Defense regarding the design of the Medal.Authorizes appropriations.Establishes within the Department of Justice a National Medal of Valor Office to provide staff support to the Board to establish criteria and procedures for the submission of nominee recommendations for the Medal and for the final design of the Medal.Amends the Fire Prevention and Control Act of 1974 to establish an honorary Director's (Director of the Federal Emergency Management Agency) Award for Distinguished Public Safety Service for the recognition of outstanding and distinguished service by public safety officers (repeals provisions regarding the President's Award for Outstanding Public Safety Service and the Secretary of Commerce's Award for Distinguished Public Safety Service). | {"src": "billsum_train", "title": "A bill to provide a national medal for public safety officers who act with extraordinary valor above and beyond the call of duty, and for other purposes."} | 1,819 | 294 | 0.617325 | 1.896658 | 0.794776 | 5.329268 | 7.227642 | 0.947154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MTBE Elimination Act''.
SEC. 2. FINDINGS; SENSE OF THE SENATE.
(a) Findings.--Congress finds that--
(1) a single cup of MTBE, equal to the quantity found in 1
gallon of gasoline oxygenated with MTBE, renders all of the
water in a 5,000,000-gallon well undrinkable;
(2) the physical properties of MTBE allow MTBE to pass
easily from gasoline to air to water, or from gasoline directly
to water, but MTBE does not--
(A) readily attach to soil particles; or
(B) naturally degrade;
(3) the development of tumors and nervous system disorders
in mice and rats has been linked to exposure to MTBE and
tertiary butyl alcohol and formaldehyde, which are 2 metabolic
byproducts of MTBE;
(4) reproductive and developmental studies of MTBE indicate
that exposure of a pregnant female to MTBE through inhalation
can--
(A) result in maternal toxicity; and
(B) have possible adverse effects on a developing
fetus;
(5) the Health Effects Institute reported in February 1996
that the studies of MTBE support its classification as a
neurotoxicant and suggest that its primary effect is likely to
be in the form of acute impairment;
(6) people with higher levels of MTBE in the bloodstream
are significantly more likely to report more headaches, eye
irritation, nausea, dizziness, burning of the nose and throat,
coughing, disorientation, and vomiting as compared with those
who have lower levels of MTBE in the bloodstream;
(7) available information has shown that MTBE significantly
reduces the efficiency of technologies used to remediate water
contaminated by petroleum hydrocarbons;
(8) the costs of remediation of MTBE water contamination
throughout the United States could run into the billions of
dollars;
(9) although several studies are being conducted to assess
possible methods to remediate drinking water contaminated by
MTBE, there have been no engineering solutions to make such
remediation cost-efficient and practicable;
(10) the remediation of drinking water contaminated by
MTBE, involving the stripping of millions of gallons of
contaminated ground water, can cost millions of dollars per
municipality;
(11) the average cost of a single industrial cleanup
involving MTBE contamination is approximately $150,000;
(12) the average cost of a single cleanup involving MTBE
contamination that is conducted by a small business or a
homeowner is approximately $37,000;
(13) the reformulated gasoline program under section 211(k)
of the Clean Air Act (42 U.S.C. 7545(k)) has resulted in
substantial reductions in the emissions of a number of air
pollutants from motor vehicles, including volatile organic
compounds, carbon monoxide, and mobile-source toxic air
pollutants, including benzene;
(14) in assessing oxygenate alternatives, the Blue Ribbon
Panel of the Environmental Protection Agency determined that
ethanol, made from domestic grain and potentially from recycled
biomass, is an effective fuel-blending component that--
(A) provides carbon monoxide emission benefits and
high octane; and
(B) appears to contribute to the reduction of the
use of aromatics, providing reductions in emissions of
toxic air pollutants and other air quality benefits;
(15) the Department of Agriculture concluded that ethanol
production and distribution could be expanded to meet the needs
of the reformulated gasoline program in 4 years, with
negligible price impacts and no interruptions in supply; and
(16) because the reformulated gasoline program is a source
of clean air benefits, and ethanol is a viable alternative that
provides air quality and economic benefits, research and
development efforts should be directed to assess infrastructure
and meet other challenges necessary to allow ethanol use to
expand sufficiently to meet the requirements of the
reformulated gasoline program as the use of MTBE is phased out.
(b) Sense of the Senate.--It is the sense of the Senate that the
Administrator of the Environmental Protection Agency should provide
technical assistance, information, and matching funds to help local
communities--
(1) test drinking water supplies; and
(2) remediate drinking water contaminated with methyl
tertiary butyl ether.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible grantee.--The term ``eligible grantee''
means--
(A) a Federal research agency;
(B) a national laboratory;
(C) a college or university or a research
foundation maintained by a college or university;
(D) a private research organization with an
established and demonstrated capacity to perform
research or technology transfer; or
(E) a State environmental research facility.
(3) MTBE.--The term ``MTBE'' means methyl tertiary butyl
ether.
SEC. 4. USE AND LABELING OF MTBE AS A FUEL ADDITIVE.
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is
amended by adding at the end the following:
``(f) Use of Methyl Tertiary Butyl Ether.--
``(1) Prohibition on use.--Effective beginning on the date
that is 3 years after the date of enactment of this subsection,
a person shall not use methyl tertiary butyl ether as a fuel
additive.
``(2) Labeling of fuel dispensing systems for mtbe.--Any
person selling oxygenated gasoline containing methyl tertiary
butyl ether at retail shall be required under regulations
promulgated by the Administrator to label the fuel dispensing
system with a notice that--
``(A) specifies that the gasoline contains methyl
tertiary butyl ether; and
``(B) provides such other information concerning
methyl tertiary butyl ether as the Administrator
determines to be appropriate.
``(3) Regulations.--As soon as practicable after the date
of enactment of this subsection, the Administrator shall
establish a schedule that provides for an annual phased
reduction in the quantity of methyl tertiary butyl ether that
may be used as a fuel additive during the 3-year period
beginning on the date of enactment of this subsection.''.
SEC. 5. GRANTS FOR RESEARCH ON MTBE GROUND WATER CONTAMINATION AND
REMEDIATION.
(a) In General.--
(1) Establishment.--There is established a MTBE research
grants program within the Environmental Protection Agency.
(2) Purpose of grants.--The Administrator may make a grant
under this section to an eligible grantee to pay the Federal
share of the costs of research on--
(A) the development of more cost-effective and
accurate MTBE ground water testing methods;
(B) the development of more efficient and cost-
effective remediation procedures for water sources
contaminated with MTBE; or
(C) the potential effects of MTBE on human health.
(b) Administration.--
(1) In general.--In making grants under this section, the
Administrator shall--
(A) seek and accept proposals for grants;
(B) determine the relevance and merit of proposals;
(C) award grants on the basis of merit, quality,
and relevance to advancing the purposes for which a
grant may be awarded under subsection (a); and
(D) give priority to those proposals the applicants
for which demonstrate the availability of matching
funds.
(2) Competitive basis.--A grant under this section shall be
awarded on a competitive basis.
(3) Term.--A grant under this section shall have a term
that does not exceed 4 years.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2002 through 2005. | MTBE Elimination Act - Expresses the sense of the Senate that the Administrator of the Environmental Protection Agency (EPA) should provide technical assistance, information, and matching funds to help local communities test drinking water supplies and remediate drinking water contaminated with methyl tertiary butyl ether (MTBE).Amends the Toxic Substances Control Act to prohibit, three years after the enactment of the MTBE Elimination Act, the use of MTBE as a fuel additive.Establishes an MTBE research grants program within EPA. | {"src": "billsum_train", "title": "A bill to prohibit the use of, and provide for remediation of water contaminated by, methyl tertiary butyl ether."} | 1,793 | 131 | 0.513566 | 1.524848 | 0.513861 | 4.409091 | 17.465909 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Affordability Act
of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) although prescription drugs represent one of the most
frequently used medical care interventions in treating common
acute and chronic diseases, many Americans, especially elderly
and other vulnerable populations, are unable to afford their
medications because of excessive and persistent prescription
drug price inflation;
(2) between 1980 and 1990, prescription drug price
inflation was 3 times the rate of general inflation;
(3) between 1985 and 1991, the prices of the 20 top selling
prescription drugs, which account for almost a third of
prescription sales, rose 79 percent--nearly 4 times the general
rate of inflation;
(4) prescription drug manufacturers continue to make
enormous profits on the backs of the elderly, poor, and other
vulnerable populations that are unable to afford their
medications;
(5) because of the limited availability of private or
public prescription drug coverage for the elderly, prescription
drugs represent the highest out-of-pocket medical care cost for
3 of 4 elderly patients, surpassed only by costs of long-term
care services;
(6) individuals over 65 fill an average of 15 prescriptions
a year to treat chronic health conditions compared to 5
prescriptions for those under 65;
(7) the Federal Government and American taxpayer provide
substantial subsidies to the pharmaceutical industry in the
form of tax incentives, tax write-offs, and grants for non-
research activities;
(8) for example, in 1987 alone, the pharmaceutical industry
received a section 936 tax credit of more than $1,400,000,000,
and such credit is estimated to have yielded over
$2,000,000,000 in tax breaks in 1990 to such industry;
(9) when Congress enacted section 936 in 1976, it sought to
help Puerto Rico obtain employment-producing investments,
however, in 1987 the pharmaceutical industry received over half
of the tax benefits provided by section 936 but employed less
than 20 percent of the workers;
(10) the Department of the Treasury will lose
$15,000,000,000 in tax revenues during the 1993 through 1997
period due to section 936; and
(11) 17 of the 21 most prescribed drugs in the United
States in 1990 are authorized for Puerto Rican manufacture.
(b) Purposes.--The purposes of this Act are to insure that the
elderly, the chronically ill, and all Americans have access to
reasonably-priced pharmaceutical products.
SEC. 3. REDUCTION IN POSSESSIONS TAX CREDIT FOR EXCESSIVE
PHARMACEUTICAL INFLATION.
(a) In General.--Section 936 of the Internal Revenue Code of 1986
(relating to Puerto Rico and possession tax credit) is amended by
adding at the end the following new subsection:
``(i) Reduction for Excessive Pharmaceutical Inflation.--
``(1) In general.--In the case of any manufacturer of
single source drugs or innovator multiple source drugs, the
amount by which the credit under this section for the taxable
year (determined without regard to this subsection) exceeds the
manufacturer's wage base for such taxable year shall be reduced
by the product of--
``(A) the amount of such excess, multiplied by
``(B) the sum of the reduction percentages for each
single source drug or innovator multiple source drug of
the manufacturer for such taxable year.
``(2) Manufacturer's wage base.--For purposes of this
subsection--
``(A) In general.--The manufacturer's wage base for
any taxable year is equal to the total amount of wages
paid during such taxable year by the manufacturer to
eligible employees in Puerto Rico with respect to the
manufacture of single source drugs and innovator
multiple source drugs.
``(B) Eligible employees.--The term `eligible
employee' means any employee of the manufacturer (as
defined in section 3121(d)) who is a bona fide resident
of Puerto Rico and subject to tax by Puerto Rico on
income from sources within and without Puerto Rico
during the entire taxable year.
``(C) Wages.--The term `wages' has the meaning
given such term by section 3121(a).
``(3) Reduction percentage.--For purposes of this
subsection--
``(A) In general.--The reduction percentage for any
drug for any taxable year is the percentage determined
by multiplying--
``(i) the sales percentage for such drug
for such taxable year, by
``(ii) the price increase percentage for
such drug for such taxable year.
``(B) Sales percentage.--The sales percentage for
any drug for any taxable year is the percentage
determined by dividing--
``(i) the total sales of such drug by the
manufacturer for such taxable year, by
``(ii) the total sales of all single source
drugs and innovator multiple source drugs by
the manufacturer for such taxable year.
``(C) Price increase percentage.--The price
increase percentage for any drug for any taxable year
is the percentage determined by multiplying--
``(i) 20, times
``(ii) the excess (if any) of--
``(I) the percentage increase in
the average manufacturer's price for
such drug for the taxable year over
such average price for the base taxable
year, over
``(II) the percentage increase in
the Consumer Price Index (as defined in
section 1(g)(5)) for the taxable year
over the base taxable year.
``(D) Total sales.--
``(i) Domestic sales only.--Total sales
shall only include sales for use or consumption
in the United States.
``(ii) Sales to related parties not
included.--Total sales shall not include sales
to any related party (as defined in section
267(b)).
``(E) Average manufacturer's price.--The term
`average manufacturer's price' for any taxable year
means the average price paid to the manufacturer by
wholesalers or direct buyers and purchasers for each
single source drug or innovator multiple source drug
sold to the various classes of purchasers.
``(F) Base taxable year.--The base taxable year for
any single source drug or innovator multiple source
drug is the later of--
``(i) the last taxable year ending in 1991,
or
``(ii) the first taxable year beginning
after the date on which the marketing of such
drug begins.
``(4) Other definitions.--For purposes of this subsection--
``(A) Manufacturer.--
``(i) In general.--The term `manufacturer'
means any person which is engaged in--
``(I) the production, preparation,
propagation, compounding, conversion,
or processing of prescription drug
products, either directly or indirectly
by extraction from substances of
natural origin, or independently by
means of chemical synthesis, or by a
combination of extraction and chemical
synthesis, or
``(II) in the packaging,
repackaging, labeling, relabeling, or
distribution of prescription drug
products.
Such term does not include a wholesale
distributor of drugs or a retail pharmacy
licensed under State law.
``(ii) Controlled groups.--For purposes of
clause (i)--
``(I) Controlled group of
corporations.--All corporations which
are members of the same controlled
group of corporations shall be treated
as 1 person. For purposes of the
preceding sentence, the term
`controlled group of corporations' has
the meaning given to such term by
section 1563(a), except that `more than
50 percent' shall be substituted for
`at least 80 percent' each place it
appears in section 1563(a)(1), and the
determination shall be made without
regard to subsections (a)(4) and
(e)(3)(C) of section 1563.
``(II) Partnerships,
proprietorships, etc., which are under
common control.--Under regulations
prescribed by the Secretary, all trades
or business (whether or not
incorporated) which are under common
control shall be treated as 1 person.
The regulations prescribed under this
subclause shall be based on principles
similar to the principles which apply
in the case of subclause (I).
``(B) Single source drug.--The term `single source
drug' means a drug or biological which is produced or
distributed under an original new drug application or
product licensing application, including a drug product
or biological marketed by any cross-licensed producers
or distributors operating under the new drug
application or product licensing application.
``(C) Innovator multiple source drug.--The term
`innovator multiple source drug' means a multiple
source drug (within the meaning of section
1927(k)(7)(A)(i) of the Social Security Act) that was
originally marketed under an original new drug
application or a product licensing application approved
by the Food and Drug Administration.
``(5) Special rules.--For purposes of this subsection--
``(A) Dosage treatment.--Except as provided by the
Secretary, each dosage form and strength of a single
source drug or innovator multiple source drug shall be
treated as a separate drug.
``(B) Rounding of percentages.--Any percentage
shall be rounded to the nearest hundredth of a
percent.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993.
SEC. 4. ALLOCATION OF ADDITIONAL REVENUES.
The additional revenues received in the Treasury during any fiscal
year by reason of the provisions of section 936(i) of the Internal
Revenue Code of 1986 (as added by section 3 of this Act) are hereby
allocated for accounting purposes to a separate account in the Treasury
to be used as follows:
(1) 75 percent of such additional revenues shall be used
for deficit reduction purposes.
(2) 25 percent of such additional revenues shall be used
for purposes of developing State prescription drug assistance
programs (or supplementing existing State prescription drug
assistance programs) for those States with the highest
percentage of elderly or poor populations (as determined by the
Bureau of the Census). | Prescription Drug Affordability Act of 1993 - Amends the Internal Revenue Code to reduce the amount by which the possession tax credit exceeds the manufacturer's wage base in the case of manufacturers of single source or innovator multiple source drugs.
Allocates additional revenues received in the Treasury as a result of this Act as follows: (1) 75 percent for deficit reduction; and (2) 25 percent for developing or supplementing State prescription drug assistance programs for States with the highest percentage of elderly or poor populations. | {"src": "billsum_train", "title": "Prescription Drug Affordability Act of 1993"} | 2,232 | 105 | 0.495995 | 1.391733 | 0.51306 | 3.447917 | 21.5625 | 0.947917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Piracy Suppression Act of 2011''.
SEC. 2. ACT OF PIRACY.
Section 4297 of the Revised Statutes of the United States (33
U.S.C. 385) is amended by striking so much as precedes the text and
inserting the following:
``SEC. 4297. PENALTY FOR PIRACY; SEIZURE AND CONDEMNATION OF VESSELS.
``(a) Penalty for Piracy.--
``(1) Crime.--Whoever commits an act of piracy shall be
punished by death or imprisoned for life.
``(2) Act of piracy defined.--In this subsection the term
`act of piracy' means--
``(A) any illegal act of violence, detention, or
depredation that is committed for private ends by the
crew or passengers of a private vessel and directed
against a vessel, person, or property on the high seas
or in any other place outside the jurisdiction of any
State; or
``(B) inciting or facilitating an act of piracy, as
defined in subparagraph (A); and
``(C) any act of voluntary participation in the
operation of a vessel with knowledge of facts making it
a pirate ship.
``(b) Seizure and Condemnation of Vessels Fitted Out for Piracy.--
''.
SEC. 3. REIMBURSEMENT FOR ACTIONS TAKEN TO PROTECT FOREIGN-FLAGGED
VESSELS FROM PIRACY.
(a) In General.--Chapter 20 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 410. Reimbursement for actions taken to protect foreign-flagged
vessels from piracy
``(a) In General.--The Secretary of Defense shall, in consultation
with the Secretary of State, the Secretary of Transportation, and the
Secretary of the department in which the Coast Guard is operating--
``(1) determine the full cost to the United States of each
action taken by the United States to protect or defend a vessel
that is not documented under the laws of the United States from
a pirate attack, including the cost of each action by the
United States to deter such attack; and
``(2) seek reimbursement for such cost from the country
under the laws of which the vessel for which protection or
defense was provided is documented, which shall be credited
back to the appropriations charged for such cost.
``(b) Reimbursements.--Reimbursement under this section may be
waived if--
``(1) such country contributes military forces to the
Combined Maritime Forces' Combined Task Force-151 within 180
days of the action taken;
``(2) such country deploys military forces to the Indian
Ocean or Gulf of Aden to deter, prevent, or defend vessels from
pirate attack within 180 days of the action taken;
``(3) such country assists in the prosecution or detention
of pirates; or
``(4) the President determines it is in the national
security interest of the United States to do so.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following new item:
``410. Reimbursement for actions taken to protect foreign-flagged
vessels from piracy.''.
SEC. 4. TRAINING PROGRAM FOR USE OF FORCE AGAINST PIRACY.
(a) In General.--Chapter 517 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 51705. Training program for use of force against piracy
``The Secretary of Transportation shall establish a training
program for United States mariners on the use of force against pirates.
The program shall include--
``(1) information on waters designated as high-risk waters
by the Commandant of the Coast Guard;
``(2) information on current threats and patterns of attack
by pirates;
``(3) tactics for defense of a vessel, including
instruction on the types, use, and limitations of security
equipment;
``(4) standard rules for the use of force for self defense
as developed by the Secretary of the department in which the
Coast Guard is operating under section 912(c) of the Coast
Guard Authorization Act of 2010 (Public Law 111-281; 46 U.S.C.
8107 note), including instruction on firearm safety for
crewmembers of vessels carrying cargo under section 55305 of
this title; and
``(5) procedures to follow to improve crewmember
survivability if captured and taken hostage by pirates.''.
(b) Deadline.--The Secretary of Transportation shall establish the
program required under the amendment made by subsection (a) by no later
than 180 days after the date of enactment of this Act.
(c) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following new item:
``51705. Training program for use of force against piracy.''.
SEC. 5. SECURITY OF GOVERNMENT IMPELLED CARGO.
Section 55305 of title 46, United States Code, is amended by adding
at the end the following new subsection:
``(e) Security of Government Impelled Cargo.--
``(1) In order to assure the safety of vessels and
crewmembers transporting equipment, materials, or commodities
under this section, the Secretary of Transportation shall
direct each department or agency responsible for the carriage
of such equipment, materials, or commodities to provide armed
personnel aboard vessels of the United States carrying such
equipment, materials, or commodities while transiting high-risk
waters.
``(2) The Secretary of Transportation shall direct each
such department or agency to reimburse, subject to the
availability or appropriations, the owners or operators of such
vessels for the cost of providing armed personnel.
``(3) For the purposes of this subsection, the term `high-
risk waters' means waters so designated by the Commandant of
the Coast Guard in the Port Security Advisory in effect on the
date on which the voyage begins.''.
SEC. 6. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall report to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate on efforts to track ransom payments paid to pirates operating in
the waters off Somalia and improve the prosecution of such pirates. The
report shall include--
(1) the status of Working Group 5 of the Contact Group on
Piracy Off the Somali Coast, any efforts undertaken by the
Working Group, and recommendations for improving the Working
Group's effectiveness;
(2) efforts undertaken by the United States Government to
implement and enforce Executive Order 13536, including
recommendations on how to better implement that order to
suppress piracy;
(3) efforts undertaken by the United States Government to
track ransom payments made to pirates operating off the coast
of Somalia, the effectiveness of those efforts, any operational
actions taken based off those efforts, and recommendations on
how to improve such tracking;
(4) actions taken by the United States Government to
improve the international prosecution of pirates captured off
the coast of Somalia; and
(5) an update on the United States Government's efforts to
implement the recommendation contained in General
Accountability Office report GAO-10-856, entitled ``Maritime
Security: Actions Needed to Assess and Update Plan and Enhance
Collaboration among Partners Involved in Countering Piracy off
the Horn of Africa'', that metrics should be established for
measuring the effectiveness of counter piracy efforts.
SEC. 7. TECHNICAL CORRECTION.
Section 8107(c) of title 46, United States Code, is amended to read
as follows:
``(c) Definition.--For the purpose of this section, the term `act
of piracy' has the meaning that term has in section 4297(a) of the
Revised Statutes of the United States.''. | Piracy Suppression Act of 2011 - (Sec. 2) Amends the Revised Statutes to subject any person who commits an act of piracy to the penalty of death or imprisonment for life.
Defines "act of piracy" to mean any: (1) illegal act of violence, detention, or depredation, committed by the crew or passengers of a vessel against a vessel, person, or property on the high seas or in any other place outside the jurisdiction of a state (including inciting or facilitating such an act of piracy); and (2) any voluntary act of participation in the operation of a vessel with knowledge that it is a pirate ship.
(Sec. 3) Directs the Secretary of Defense (DOD) to seek reimbursement from a foreign country for the cost of U.S. action to protect or defend foreign-flagged vessels of the country from a pirate attack, including the cost of U.S. action to deter the attack. Authorizes the waiver of such costs under certain circumstances.
(Sec. 4) Directs the Secretary of Transportation (DOT) to establish a training program for U.S. mariners on the use of force against pirates.
(Sec. 5) Directs the DOT Secretary to require each federal agency responsible for the transport of equipment, materials, or commodities (government-impelled cargo) by U.S. vessels to provide armed personnel aboard such vessels while transiting high-risk waters. Requires each agency to reimburse vessel owners or operators for the cost of providing armed personnel.
(Sec. 6) Directs the Comptroller General to report to Congress on efforts to track ransom payments paid to pirates operating in the waters off Somalia and improve their prosecution. | {"src": "billsum_train", "title": "To suppress the threat of piracy on the high seas, and for other purposes."} | 1,804 | 393 | 0.675941 | 2.009815 | 0.803533 | 3.862928 | 5.074766 | 0.909657 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caregiver Tax Relief Act of 2008''.
SEC. 2. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable personal
credits) is amended by inserting after section 35 the following new
section:
``SEC. 35A. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS.
``(a) Allowance of Credit.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an
amount equal to the applicable credit amount multiplied by the
number of applicable individuals with respect to whom the
taxpayer is an eligible caregiver for the taxable year.
``(2) Applicable credit amount.--For purposes of paragraph
(1), the applicable credit amount shall be $2,500.
``(b) Limitation Based on Adjusted Gross Income.--
``(1) In general.--The amount of the credit allowable under
subsection (a) shall be reduced (but not below zero) by $100
for each $1,000 (or fraction thereof) by which the taxpayer's
modified adjusted gross income exceeds the threshold amount.
For purposes of the preceding sentence, the term `modified
adjusted gross income' means adjusted gross income increased by
any amount excluded from gross income under section 911, 931,
or 933.
``(2) Threshold amount.--For purposes of paragraph (1), the
term `threshold amount' means--
``(A) $150,000 in the case of a joint return, and
``(B) $75,000 in any other case.
``(3) Indexing.--In the case of any taxable year beginning
in a calendar year after 2009, each dollar amount contained in
paragraph (2) shall be increased by an amount equal to the
product of--
``(A) such dollar amount; and
``(B) the medical care cost adjustment determined
under section 213(d)(10)(B)(ii) for the calendar year
in which the taxable year begins, determined by
substituting `2008' for `1996' in subclause (II)
thereof. If any increase determined under the preceding
sentence is not a multiple of $50, such increase shall
be rounded to the next lowest multiple of $50.
``(c) Definitions.--For purposes of this section:
``(1) Applicable individual.--
``(A) In general.--The term `applicable individual'
means, with respect to any taxable year, any individual
who has been certified, before the due date for filing
the return of tax for the taxable year (without
extensions), by a physician (as defined in section
1861(r)(1) of the Social Security Act) as being an
individual with long-term care needs described in
subparagraph (B) for a period--
``(i) which is at least 180 consecutive
days, and
``(ii) a portion of which occurs within the
taxable year.
Such term shall not include any individual otherwise
meeting the requirements of the preceding sentence
unless within the 39\1/2\ month period ending on such
due date (or such other period as the Secretary
prescribes) a physician (as so defined) has certified
that such individual meets such requirements.
``(B) Individuals with long-term care needs.--An
individual is described in this subparagraph if the
individual meets any of the following requirements:
``(i) The individual is at least 18 years
of age and--
``(I) is unable to perform (without
substantial assistance from another
individual) at least 3 activities of
daily living (as defined in section
7702B(c)(2)(B)) due to a loss of
functional capacity, or
``(II) requires substantial
supervision to protect such individual
from threats to health and safety due
to severe cognitive impairment and is
unable to perform at least 1 activity
of daily living (as so defined) or to
the extent provided in regulations
prescribed by the Secretary (in
consultation with the Secretary of
Health and Human Services), is unable
to engage in age appropriate
activities.
``(ii) The individual is at least 6 but not
18 years of age and--
``(I) is unable to perform (without
substantial assistance from another
individual) at least 3 activities of
daily living (as defined in section
7702B(c)(2)(B)) due to a loss of
functional capacity,
``(II) requires substantial
supervision to protect such individual
from threats to health and safety due
to severe cognitive impairment and is
unable to perform at least 1 activity
of daily living (as so defined) or to
the extent provided in regulations
prescribed by the Secretary (in
consultation with the Secretary of
Health and Human Services), is unable
to engage in age appropriate
activities,
``(III) has a level of disability
similar to the level of disability
described in subclause (I) (as
determined under regulations
promulgated by the Secretary), or
``(IV) has a complex medical
condition (as defined by the Secretary)
that requires medical management and
coordination of care.
``(iii) The individual is at least 2 but
not 6 years of age and--
``(I) is unable due to a loss of
functional capacity to perform (without
substantial assistance from another
individual) at least 2 of the following
activities: eating, transferring, or
mobility,
``(II) has a level of disability
similar to the level of disability
described in subclause (I) (as
determined under regulations
promulgated by the Secretary), or
``(III) has a complex medical
condition (as defined by the Secretary)
that requires medical management and
coordination of care.
``(iv) The individual is under 2 years of
age and--
``(I) requires specific durable
medical equipment by reason of a severe
health condition or requires a skilled
practitioner trained to address the
individual's condition to be available
if the individual's parents or
guardians are absent,
``(II) has a level of disability
similar to the level of disability
described in subclause (I) (as
determined under regulations
promulgated by the Secretary), or
``(III) has a complex medical
condition (as defined by the Secretary)
that requires medical management and
coordination of care.
``(v) The individual has 5 or more chronic
conditions (as defined in subparagraph (C)) and
is unable to perform (without substantial
assistance from another individual) at least 1
activity of daily living (as so defined) due to
a loss of functional capacity.
``(C) Chronic condition.--For purposes of this
paragraph, the term `chronic condition' means a
condition that lasts for at least 6 consecutive months
and requires ongoing medical care.
``(2) Eligible caregiver.--
``(A) In general.--A taxpayer shall be treated as
an eligible caregiver for any taxable year with respect
to each of the following individuals:
``(i) The taxpayer.
``(ii) The taxpayer's spouse.
``(iii) An individual who is a qualifying
child (as defined in section 152(c)) or a
qualifying relative (as defined in section
152(d)) with respect to whom the taxpayer is
allowed a deduction under section 151(c) for
the taxable year.
``(iv) An individual who would be a
qualifying relative described in clause (iii)
for the taxable year if section 152(d)(1)(B)
were applied by substituting for the exemption
amount an amount equal to the sum of the
exemption amount, the standard deduction under
section 63(c)(2)(C), and any additional
standard deduction under section 63(c)(3) which
would be applicable to the individual if clause
(iii) applied.
``(v) An individual who would be a
qualifying relative described in clause (iii)
for the taxable year if--
``(I) the requirements of clause
(iv) are met with respect to the
individual; and
``(II) the requirements of
subparagraph (B) are met with respect
to the individual in lieu of the
support test of section 152(d)(1)(C).
``(B) Residency test.--The requirements of this
subparagraph are met if an individual has as his
principal place of abode the home of the taxpayer and--
``(i) in the case of an individual who is
an ancestor or descendant of the taxpayer or
the taxpayer's spouse, is a member of the
taxpayer's household for over half the taxable
year, or
``(ii) in the case of any other individual,
is a member of the taxpayer's household for the
entire taxable year.
``(C) Special rules where more than 1 eligible
caregiver.--
``(i) In general.--If more than 1
individual is an eligible caregiver with
respect to the same applicable individual for
taxable years ending with or within the same
calendar year, a taxpayer shall be treated as
the eligible caregiver if each such individual
(other than the taxpayer) files a written
declaration (in such form and manner as the
Secretary may prescribe) that such individual
will not claim such applicable individual for
the credit under this section.
``(ii) No agreement.--If each individual
required under clause (i) to file a written
declaration under clause (i) does not do so,
the individual with the highest modified
adjusted gross income (as defined in section
32(c)(5) (as in effect on the day before the
enactment of the Economic Growth and Tax Relief
Reconciliation Act of 2001)) shall be treated
as the eligible caregiver.
``(iii) Married individuals filing
separately.--In the case of married individuals
filing separately, the determination under this
subparagraph as to whether the husband or wife
is the eligible caregiver shall be made under
the rules of clause (ii) (whether or not one of
them has filed a written declaration under
clause (i)).
``(d) Identification Requirement.--No credit shall be allowed under
this section to a taxpayer with respect to any applicable individual
unless the taxpayer includes the name and taxpayer identification
number of such individual, and the identification number of the
physician certifying such individual, on the return of tax for the
taxable year.
``(e) Taxable Year Must Be Full Taxable Year.--Except in the case
of a taxable year closed by reason of the death of the taxpayer, no
credit shall be allowable under this section in the case of a taxable
year covering a period of less than 12 months.
``(f) Citizens or Nationals of Other Countries.--
``(1) In general.--The terms `applicable individual' and
`eligible caregiver' do not include an individual who is not a
citizen or national of the United States unless such individual
is a resident alien (as defined in section 7702(b)).
``(2) Exception for adopted child.--Paragraph (1) shall not
exclude any child of a taxpayer (within the meaning of section
151(f)(1)(B)) if--
``(A) for the taxable year of the taxpayer, the
child has the same principal place of abode as the
taxpayer and is a member of the taxpayer's household,
and
``(B) the taxpayer is a citizen, national, or
resident alien of the United States.''.
(b) Conforming Amendments.--
(1) Section 6213(g)(2) of such Code is amended by striking
``and'' at the end of subparagraph (L)(ii), by striking the
period at the end of subparagraph (M) and inserting ``, and'',
and by inserting after subparagraph (M) the following new
subparagraph:
``(N) an omission of a correct TIN or physician
identification required under section 35A(d) (relating
to credit for taxpayers with long-term care needs) to
be included on a return.''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 35 the following new item:
``Sec. 35A. Credit for taxpayers with long-term care needs.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Caregiver Tax Relief Act of 2008 - Amends the Internal Revenue Code to allow caregivers of family members or dependents with long-term care needs a refundable income-based tax credit of $2,500 for each such family member or dependent. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a refundable credit for taxpayers with long-term care needs."} | 2,827 | 54 | 0.536972 | 1.203597 | 0.435557 | 2.545455 | 59.227273 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notch Baby Act of 2007''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
Section 215(a) of the Social Security Act is amended--
(1) in paragraph (4)(B), by inserting ``(with or without
the application of paragraph (8))'' after ``would be made'';
and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraph (F) of this paragraph) who becomes eligible
for old-age insurance benefits after 1978 and before 1989, the amount
of the individual's primary insurance amount as computed or recomputed
under paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the excess under former law, by
``(ii) the applicable percentage in relation to the year in
which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
``If the individual
becomes eligible for
The applicable
such benefits in:
percentage is:
1979 or 1980....................... 60 percent
1981 or 1982....................... 35 percent
1983 or 1984....................... 30 percent
1985 or 1986....................... 25 percent
1987 or 1988....................... 10 percent.
``(C) For purposes of subparagraph (B), the term `excess under
former law' means, in the case of any individual, the excess of--
``(i) the applicable former law primary insurance amount,
over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable
former law primary insurance amount' means, in the case of any
individual, the amount which would be such individual's primary
insurance amount if it were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.''.
SEC. 3. EFFECTIVE DATE AND RELATED RULES.
(a) Applicability of Amendments.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this Act shall be effective as though they
had been included or reflected in section 201 of the Social
Security Amendments of 1977.
(2) Prospective applicability.--No monthly benefit or
primary insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for any
month before January 2007.
(b) Recomputation to Reflect Benefit Increases.--In any case in
which an individual is entitled to monthly insurance benefits under
title II of the Social Security Act for December 2006, if such benefits
are based on a primary insurance amount computed--
(1) under section 215 of such Act as in effect (by reason
of the Social Security Amendments of 1977) after December 1978,
or
(2) under section 215 of such Act as in effect prior to
January 1979 by reason of subsection (a)(4)(B) of such section
(as amended by the Social Security Amendments of 1977),
the Commissioner of Social Security (notwithstanding section 215(f)(1)
of the Social Security Act) shall recompute such primary insurance
amount so as to take into account the amendments made by this Act. | Notch Baby Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who became eligible (at age 62) for (early retirement) old-age insurance benefits after 1978 and before 1989 (and reached age 65 for full-retirement benefits after 1981 and before 1992).
Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 60% to 10% keyed to the year an individual became eligible for (early retirement) benefits between 1978 and 1989. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to provide for an improved benefit computation formula for workers affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who attain age 65 during the 10-year period after 1981 and before 1992 (and related beneficiaries) and to provide prospectively for increases in their benefits accordingly."} | 1,217 | 151 | 0.512241 | 1.328122 | 0.523126 | 2.19403 | 8.11194 | 0.746269 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghan Women Security and Freedom
Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Taliban regime denied women in Afghanistan the most
basic human rights, including the rights to work, to an
education, to health care, and to move freely.
(2) The Taliban regime subjected any women who attempted to
exercise her human rights to beatings and imprisonment and
women in Afghanistan who lived under the Taliban regime suffer
from long-term consequences of such oppression.
(3) According to the Afghan Ministry of Women's Affairs, as
a result of 23 years of war and the restrictions imposed by the
Taliban after the war ended, most women in Afghanistan do not
have adequate food, access to health care, or opportunities for
education, employment, or economic livelihood, and such women
have experienced violence to themselves or their families.
(4) Women in Afghanistan have one of the highest mortality
rates in the world, with an estimated 16,000 maternal deaths
annually.
(5) The strengthening of institutions and non-governmental
organizations that are led by women in Afghanistan is essential
to building civil society and holding the Government of
Afghanistan accountable for protecting women's rights and human
rights.
(6) It is necessary for significant numbers of women to
hold positions within the Government of Afghanistan, including
in the cabinet, the Loya Jirga, government commissions, and
other key posts, and to hold official positions within United
Nations agencies working in Afghanistan to foster democracy and
protect the rights of women in Afghanistan.
(7) Despite the collapse of the Taliban regime in
Afghanistan in 2001, warlords and the Taliban are reorganizing
and reemerging in Afghanistan, imperiling the stability of the
central government, the security of the people, and the
exercise of human rights by women.
(8) The United Nations Secretary-General's Special
Representative to Afghanistan said that the deteriorating
security situation in Afghanistan may force a delay in
elections in Afghanistan and that expansion of international
peacekeeping forces is necessary to make fair, democratic voter
registration and elections possible.
(9) In January 2004, the Government of Afghanistan adopted
a new constitution that includes basic rights for women, but
enforcement of the provisions of the constitution will be
difficult unless security in Afghanistan is dramatically
improved.
(10) Despite the fact that violations of human rights and
women's rights continue with impunity in Afghanistan,
Provincial Reconstruction Teams composed of United States
military forces, Department of Defense civil affairs officers,
representatives of United States agencies and allied personnel do not
have the authority needed to intervene to stop such violations.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the protection of the rights of women, the
reestablishment of democracy, and the elimination of terrorism
are essential to the reconstruction of a stable Afghanistan and
to achieve such a reconstruction the international community
should commit substantial resources, including the expansion of
international peacekeeping forces inside and outside of the
city of Kabul;
(2) the United States should provide strong support for the
Afghan Ministry of Women's Affairs and the Afghan Independent
Human Rights Commission, both of which were created by the Bonn
Agreement to remedy past violations of women's rights and human
rights and to establish institutions and programs to advance
such rights;
(3) the mandate of international peacekeeping forces and
Provincial Reconstruction Teams composed of United States
military forces, Department of Defense civil affairs officers,
representatives of United States agencies and allied personnel
should be authorized to intervene to stop violations of human
rights and women's rights;
(4) United States foreign policy should ensure that the
rights of women and girls are restored in Afghanistan, assist
in the recovery of women and girls from the repression of the
Taliban and 23 years of war, and strengthen Afghan institutions
that are led by women; and
(5) grants and assistance provided to Afghanistan should be
conditioned upon the Government of Afghanistan adhering to
international standards for women's rights and human rights.
SEC. 4. AUTHORIZATION FOR ASSISTANCE.
(a) Authority.--The President is authorized to provide assistance
for women and children in Afghanistan.
(b) Provision of Assistance.--Assistance under this section may be
provided directly to the Afghan Ministry of Women's Affairs, other
Afghan Government ministries, the Afghan Independent Human Rights
Commission, local and international nonprofit organizations, and United
Nations agencies.
(c) Categories of Assistance.--The assistance under this section
may be provide as grants, technical assistance, training, or in any
other form that the President determines is appropriate.
(d) Purposes.--Assistance under this section may be used for the
following purposes:
(1) Political and human rights.--Assistance under this
section is authorized to be used to promote women's rights and
human rights in Afghanistan, including women's political
participation and legal rights, including for the following
purposes:
(A) To provide assistance to the Afghan Ministry of
Women's Affairs, other ministries of the Government of
Afghanistan, and the Afghan Independent Human Rights
Commission for programs to advance the status of women.
(B) To disseminate information throughout
Afghanistan on the rights of women and on international
standards for human rights.
(C) To provide information and assistance to enable
women to exercise property, inheritance, and voting
rights, and to participate in relief programs.
(D) To provide, monitor, and investigate violations
of women's rights and to provide legal assistance to
women who have suffered violations of their rights.
(E) To provide training related to women's rights
and human rights to military, police, and legal
personnel.
(F) To build the infrastructure of the Afghan
Independent Human Rights Commission through the
construction of provincial and district offices.
(G) To enforce the provisions of the Afghan
constitution that ensure equal rights for women.
(H) To operate programs to encourage and facilitate
the registration of women voters.
(2) Health care.--Assistance under this section is
authorized to be used to provide health care for the people of
Afghanistan, including for the following purposes:
(A) To provide equipment, medical supplies, and
other assistance to health care facilities for the
purpose of reducing maternal and infant mortality and
morbidity.
(B) To train nurses, midwives, and traditional
birth attendants for the purposes of improving staffing
at clinics and hospitals, and expanding networks of
community health educators.
(C) To promote awareness about the health and
nutrition of women, and programs related to hygiene,
sanitation, and immunization.
(D) To develop, establish, and expand programs to
provide services to women and girls suffering from
post-traumatic stress, depression, and mental illness.
(E) To provide mobile health units that include
reproductive health programs and that are accessible to
women and girls who have been disabled due to landmines
or war-related injuries, including such women and girls
who are in wheelchairs.
(3) Education and training.--Assistance under this section
is authorized to be used to provide education and training to
the people of Afghanistan, including for the following
purposes:
(A) To establish, maintain, and expand primary and
secondary schools for girls that include mathematics,
science, and languages in their primary curriculum.
(B) To develop and expand technical and vocational
training programs for women to enable women who
participate in such programs to provide support for
themselves and their families.
(C) To develop, maintain, and expand literacy
programs, including economic literacy programs that
promote the well-being of women and their families.
(D) To provide special educational opportunities
for girls whose schooling was ended by the Taliban and
who now face obstacles to participating in the normal
education system, such as girls who are now married and
girls who are older than the normal age for their
classes.
(4) Security, protection, and shelter.--Assistance under
this section is authorized to be used to provide security,
protection, and shelter for the people of Afghanistan,
including for the following purposes:
(A) To develop and implement programs to protect
women and girls against sexual and physical abuse,
abduction, trafficking, exploitation, and sex
discrimination in the delivery of humanitarian supplies
and services.
(B) To direct humanitarian assistance to the large
population of widows and their children who are in need
in war-torn Afghanistan.
(C) To provide emergency shelters, food,
sanitation, health care, and other relief services to
internally displaced women and their families.
(D) To support the return of refugees and
internally displaced persons, the majority of whom are
women and children, to their home areas.
(E) To provide security measures, such as building
improvements and staffing, for the purpose of
preventing violent attacks to schools that educate
girls and to repair or replace equipment and facilities
of a school that is subject to such an attack.
(F) To improve security for women in the Loya Jirga
and for women who exercise their right to register to
vote and to participate in elections.
(G) To provide security for women's centers for the
purpose of enabling women to participate in meetings,
discussions, and programs regarding the constitution,
elections, and women's rights.
SEC. 5. SENSE OF CONGRESS ON THE PROVISIONS OF ASSISTANCE.
It is the sense of Congress that, in providing assistance under
this Act, the President should--
(1) condition the provision such assistance on the
recipient adhering to international standards for women's
rights and human rights;
(2) place a high priority on the provision of such
assistance to the Afghan Ministry of Women's Affairs, the
Afghan Independent Human Rights Commission, and other agencies
of the Government of Afghanistan that are able to implement
programs to improve the lives and advance the rights of women;
(3) place a high priority on the provision of such
assistance that will be used to provide to training and
capacity-building programs in Afghanistan;
(4) ensure that such assistance is distributed throughout
different regions of Afghanistan on the basis of need;
(5) place a high priority on the provision of such
assistance to non-governmental organizations in Afghanistan
that have demonstrated experience in delivering services to
Afghan women and children and that are--
(A) led by women; or
(B) located in Afghanistan; and
(6) ensure that of the assistance made available under this
Act in each fiscal year not less than 25 percent of such
assistance is provided to non-governmental organizations that
are--
(A) led by women; and
(B) located in Afghanistan.
SEC. 6. REPORTING REQUIREMENT.
(a) Requirement for Report.--Not less than once every 6 months, the
Secretary of State and the Administrator of the United States Agency
for International Development shall submit a report to the appropriate
congressional committees on the activities carried out under this Act.
Such report shall include the amount of assistance provided under this
Act to--
(1) the Afghan Ministry of Women's Affairs;
(2) other ministries of the Government of Afghanistan;
(3) the Afghan Independent Human Rights Commission;
(4) Afghan nonprofit organizations;
(5) international nonprofit organizations; and
(6) United Nations agencies.
(b) Initial Report.--The initial report required under subsection
(a) shall be submitted not later than 60 days after the date of
enactment of this Act.
(c) Termination of Requirement.--Subsection (a) shall be effective
during the 3 year period beginning on the date of enactment of this
Act.
(d) Appropriate Congressional Committees.--In this section the term
``appropriate congressional committees'' means the Committee on
Appropriations and the Committee on Foreign Relations of the Senate and
the Committee on Appropriations and the Committee on International
Relations of the House of Representatives.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There is authorized to be appropriated to the
President $300,000,000 for each of the fiscal years 2005, 2006, and
2007 to carry out the provisions of this Act, of which--
(1) $20,000,000 is authorized to be available to the Afghan
Ministry of Women's Affairs for each such fiscal year; and
(2) $10,000,000 is authorized to be available to the Afghan
Independent Human Rights Commission for each such fiscal year.
(b) Availability of Funds.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until expended. | Afghan Women Security and Freedom Act of 2004 - Expresses the sense of Congress that: (1) the international community should commit substantial resources, including peacekeeping forces, for protecting the rights of women, reestablishing democracy, and eliminating terrorism in Afghanistan; (2) the United States should strongly support the Afghan Ministry of Women's Affairs and the Afghan Independent Human Rights Commission; (3) international peacekeeping forces and reconstruction teams should be authorized to stop violations of human rights and women's rights; (4) U.S. foreign policy should ensure restoration of the rights of women and girls in Afghanistan, assist in their recovery from the repression of the Taliban and prolonged warfare, and strengthen Afghan institutions led by women; and (5) assistance to Afghanistan should be conditioned on the Afghan Government's adherence to international standards for women's rights and human rights.
Authorizes the President to provide assistance for women and children in Afghanistan for the purpose of promoting women's rights and human rights and providing health care, education, training, security, and shelter. | {"src": "billsum_train", "title": "A bill to provide assistance and security for women and children in Afghanistan and for other purposes."} | 2,608 | 215 | 0.630971 | 1.827425 | 0.881494 | 4.115 | 13.035 | 0.945 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Rosa's Law''.
SEC. 2. INDIVIDUALS WITH INTELLECTUAL DISABILITIES.
(a) Higher Education Act of 1965.--Section 760(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1140(2)(A)) is amended by striking
``mental retardation or''.
(b) Individuals With Disabilities Education Act.--
(1) Section 601(c)(12)(C) of the Individuals with Disabilities
Education Act (20 U.S.C. 1400(c)(12)(C)) is amended by striking
``having mental retardation'' and inserting ``having intellectual
disabilities''.
(2) Section 602 of such Act (20 U.S.C. 1401) is amended--
(A) in paragraph (3)(A)(i), by striking ``with mental
retardation'' and inserting ``with intellectual disabilities'';
and
(B) in paragraph (30)(C), by striking ``of mental
retardation'' and inserting ``of intellectual disabilities''.
(c) Elementary and Secondary Education Act of 1965.--Section
7202(16)(E) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7512(16)(E)) is amended by striking ``mild mental retardation,''
and inserting ``mild intellectual disabilities,''.
(d) Rehabilitation Act of 1973.--
(1) Section 7(21)(A)(iii) of the Rehabilitation Act of 1973 (29
U.S.C. 705(21)(A)(iii)) is amended by striking ``mental
retardation,'' and inserting ``intellectual disability,''.
(2) Section 204(b)(2)(C)(vi) of such Act (29 U.S.C.
764(b)(2)(C)(vi)) is amended by striking ``mental retardation and
other developmental disabilities'' and inserting ``intellectual
disabilities and other developmental disabilities''.
(3) Section 501(a) of such Act (29 U.S.C. 791(a)) is amended,
in the third sentence, by striking ``President's Committees on
Employment of People With Disabilities and on Mental Retardation''
and inserting ``President's Disability Employment Partnership Board
and the President's Committee for People with Intellectual
Disabilities''.
(e) Health Research and Health Services Amendments of 1976.--
Section 1001 of the Health Research and Health Services Amendments of
1976 (42 U.S.C. 217a-1) is amended by striking ``the Mental Retardation
Facilities and Community Mental Health Centers Construction Act of
1963,''.
(f) Public Health Service Act.--
(1) Section 317C(a)(4)(B)(i) of the Public Health Service Act
(42 U.S.C. 247b-4(a)(4)(B)(i)) is amended by striking ``mental
retardation;'' and inserting ``intellectual disabilities;''.
(2) Section 448 of such Act (42 U.S.C. 285g) is amended by
striking ``mental retardation,'' and inserting ``intellectual
disabilities,''.
(3) Section 450 of such Act (42 U.S.C. 285g-2) is amended to
read as follows:
``SEC. 450. RESEARCH ON INTELLECTUAL DISABILITIES.
``The Director of the Institute shall conduct and support research
and related activities into the causes, prevention, and treatment of
intellectual disabilities.''.
(4) Section 641(a) of such Act (42 U.S.C. 291k(a)) is amended
by striking ``matters relating to the mentally retarded'' and
inserting ``matters relating to individuals with intellectual
disabilities''.
(5) Section 753(b)(2)(E) of such Act (42 U.S.C. 294c(b)(2)(E))
is amended by striking ``elderly mentally retarded individuals''
and inserting ``elderly individuals with intellectual
disabilities''.
(6) Section 1252(f)(3)(E) of such Act (42 U.S.C. 300d-
52(f)(3)(E)) is amended by striking ``mental retardation/
developmental disorders,'' and inserting ``intellectual
disabilities or developmental disorders,''.
(g) Health Professions Education Partnerships Act of 1998.--Section
419(b)(1) of the Health Professions Education Partnerships Act of 1998
(42 U.S.C. 280f note) is amended by striking ``mental retardation'' and
inserting ``intellectual disabilities''.
(h) Public Law 110-154.--Section 1(a)(2)(B) of Public Law 110-154
(42 U.S.C. 285g note) is amended by striking ``mental retardation'' and
inserting ``intellectual disabilities''.
(i) National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and
Genetic Diseases Act.--Section 402 of the National Sickle Cell Anemia,
Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act (42 U.S.C. 300b-1
note) is amended by striking ``leading to mental retardation'' and
inserting ``leading to intellectual disabilities''.
(j) Genetic Information Nondiscrimination Act of 2008.--Section
2(2) of the Genetic Information Nondiscrimination Act of 2008 (42
U.S.C. 2000ff note) is amended by striking ``mental retardation,'' and
inserting ``intellectual disabilities,''.
(k) References.--For purposes of each provision amended by this
section--
(1) a reference to ``an intellectual disability'' shall mean a
condition previously referred to as ``mental retardation'', or a
variation of this term, and shall have the same meaning with
respect to programs, or qualifications for programs, for
individuals with such a condition; and
(2) a reference to individuals with intellectual disabilities
shall mean individuals who were previously referred to as
individuals who are ``individuals with mental retardation'' or
``the mentally retarded'', or variations of those terms.
SEC. 3. REGULATIONS.
For purposes of regulations issued to carry out a provision amended
by this Act--
(1) before the regulations are amended to carry out this Act--
(A) a reference in the regulations to mental retardation
shall be considered to be a reference to an intellectual
disability; and
(B) a reference in the regulations to the mentally
retarded, or individuals who are mentally retarded, shall be
considered to be a reference to individuals with intellectual
disabilities; and
(2) in amending the regulations to carry out this Act, a
Federal agency shall ensure that the regulations clearly state--
(A) that an intellectual disability was formerly termed
mental retardation; and
(B) that individuals with intellectual disabilities were
formerly termed individuals who are mentally retarded.
SEC. 4. RULE OF CONSTRUCTION.
This Act shall be construed to make amendments to provisions of
Federal law to substitute the term ``an intellectual disability'' for
``mental retardation'', and ``individuals with intellectual
disabilities'' for ``the mentally retarded'' or ``individuals who are
mentally retarded'', without any intent to--
(1) change the coverage, eligibility, rights, responsibilities,
or definitions referred to in the amended provisions; or
(2) compel States to change terminology in State laws for
individuals covered by a provision amended by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Rosa's Law - Amends the Higher Education Act of 1965, the Individuals with Disabilities Education Act, the Elementary and Secondary Education Act of 1965, the Rehabilitation Act of 1973, the Public Health Service Act, the Health Professions Education Partnerships Act of 1998, the National Sickle Cell Anemia Act, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act, the Genetic Information Nondiscrimination Act of 2008, and other federal enactments and regulations to change references to mental retardation to references to an intellectual disability.
Declares that the changes by this Act are made without any intent to: (1) change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or (2) compel states to change terminology in state laws for individuals covered by a provision amended by this Act. | {"src": "billsum_train", "title": "A bill to change references in Federal law to mental retardation to references to an intellectual disability, and to change references to a mentally retarded individual to references to an individual with an intellectual disability."} | 1,830 | 188 | 0.518895 | 1.536746 | 0.619751 | 6.589744 | 8.846154 | 0.948718 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect and Preserve International
Cultural Property Act''.
SEC. 2. DEFINITION.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Cultural property.--The term ``cultural property'' has
the meaning given in Article 1(a)-1(c) of the Hague Convention
for the Protection of Cultural Property in the Event of Armed
Conflict, concluded at The Hague on May 14, 1954 (Treaty Doc.
106-1(A)).
SEC. 3. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) Protecting international cultural property is a vital
part of United States cultural diplomacy, showing the respect
of the United States for other cultures and the common heritage
of humanity.
(2) International cultural property has been lost, damaged,
or destroyed due to political instability, armed conflict,
natural disasters, and other threats.
(3) In Egypt, recent political instability has led to the
ransacking of its museums, resulting in the destruction of
countless ancient artifacts that will forever leave gaps in
humanity's record of the ancient Egyptian civilization.
(4) In Iraq, after the fall of Saddam Hussein, thieves
looted the Iraq Museum in Baghdad, resulting in the loss of
approximately 15,000 items. These included ancient amulets,
sculptures, ivories, and cylinder seals. Many of these items
remain unrecovered.
(5) In Syria, the ongoing civil war has resulted in the
shelling of medieval cities, damage to five UNESCO World
Heritage Sites, and the looting of museums and archaeological
sites. Archaeological and historic sites and artifacts in Syria
date back more than six millennia and include some of the
earliest examples of writing.
(6) In Iraq and Syria, the militant group ISIS/ISIL has
destroyed cultural sites and artifacts, such as the Tomb of
Jonah in July 2014, in an effort to eradicate ethnic and
religious minorities from contested territories. Concurrently,
cultural antiquities that escape demolition are looted and
illicitly trafficked to help fund ISIS/ISIL's militant
operations.
(7) In Mali, the Al-Qaeda affiliated terrorist group Ansar
Dine destroyed tombs and shrines in the ancient city of
Timbuktu--a major center for trade, scholarship, and Islam in
the 15th and 16th centuries--and threatened collections of
ancient manuscripts.
(8) In Afghanistan, the Taliban decreed that the Bamiyan
Buddhas, ancient statues carved into a cliff side in central
Afghanistan, were to be destroyed. In 2001 the Taliban carried
out their threat and destroyed the statues, leading to
worldwide condemnation.
(9) In Cambodia, following the Khmer Rouge's seizure of
power in 1975 the Khmer Rouge systematically destroyed many of
Cambodia's Buddhist temples, desecrated statues, and destroyed
Buddhist literature. The Khmer Rouge also destroyed mosques and
nearly every Catholic church existing in the country.
(10) In China, during the Cultural Revolution much of
China's antiques were destroyed, including a large portion of
old Beijing. Chinese authorities are now attempting to rebuild
portions of China's lost architectural heritage.
(11) In Haiti, the 2010 earthquake destroyed art,
artifacts, and archives important to the people of Haiti, and
partially destroyed the 17th century Haitian city of Jacmel.
(12) The 2004 Indian Ocean earthquake and tsunami not only
affected eleven countries, causing massive loss of life, but
also damaged or destroyed libraries, archives, and UNESCO World
Heritage Sites such as the Mahabalipuram in India, the Sun
Temple of Koranak on the Bay of Bengal, and the Old Town of
Galle and its Fortifications in Sri Lanka.
(13) The destruction of these and other cultural properties
represents an irreparable loss of humanity's common cultural
heritage and is therefore a loss for all Americans.
(14) The United States Armed Forces have played important
roles in preserving and protecting cultural property. On June
23, 1943, President Franklin D. Roosevelt established the
American Commission for the Protection and Salvage of Artistic
and Historic Monuments in War Areas to provide expert advice to
the military on the protection of cultural property. The
Commission formed Monuments, Fine Arts, and Archives (MFAA)
teams which became part of the Civil Affairs Division of
Military Government Section of the Allied armies. The
individuals serving in the MFAA were known as the ``Monuments
Men'' and have been credited with securing, cataloguing, and
returning hundreds of thousands works of art stolen by the
Nazis during World War II.
(15) The U.S. Committee of the Blue Shield was founded in
2006 to support the implementation of the 1954 Hague Convention
for the Protection of Cultural Property in the Event of Armed
Conflict and to coordinate with the United States military,
other branches of the United States Government, and other
cultural heritage nongovernmental organizations in preserving
international cultural property threatened by political
instability, armed conflict, natural, or other disasters.
(b) Statement of Policy.--It shall be the policy of the United
States to--
(1) protect and preserve international cultural property at
risk of destruction due to political instability, armed
conflict, or natural or other disasters;
(2) protect international cultural property pursuant to its
obligations under the 1954 Hague Convention for the Protection
of Cultural Property in the Event of Armed Conflict and
customary international law in all conflicts to which the
United States is a party;
(3) prevent, in accordance with existing laws, importation
of cultural property pillaged, looted, or stolen during
political instability, armed conflict, or natural or other
disasters; and
(4) ensure that existing laws and regulations, including
import restrictions imposed through the Office of Foreign Asset
Control (OFAC) of the Department of the Treasury, are fully
implemented to prevent the trafficking in stolen or looted
cultural property.
SEC. 4. WHITE HOUSE COORDINATOR FOR INTERNATIONAL CULTURAL PROPERTY
PROTECTION.
The President shall appoint a White House Coordinator for
International Cultural Property Protection. The Coordinator shall--
(1) coordinate and promote efforts to address international
cultural property protection activities that involve multiple
Federal agencies, including diplomatic activities, military
activities, law enforcement activities, import restrictions,
and the work of the Cultural Antiquities Task Force established
pursuant to the Consolidated Appropriations Act, 2004 (Public
Law 108-199);
(2) submit to the appropriate congressional committees an
annual report on interagency efforts to protect international
cultural property based on information required under section 5
of this Act;
(3) provide policy recommendations, if necessary;
(4) resolve interagency differences in a timely, efficient,
and effective manner; and
(5) work and consult with domestic and international actors
such as foreign governments, nongovernmental organizations,
museums, educational institutions, research institutions, and
the U.S. Committee of the Blue Shield on efforts to promote and
protect international cultural property.
SEC. 5. INFORMATION ON ACTIVITIES TO PROTECT INTERNATIONAL CULTURAL
PROPERTY.
(a) Information on Activities of the Department of State To Protect
International Cultural Property.--The Secretary of State shall submit
to the White House Coordinator for International Cultural Property
Protection information on efforts of the Department of State to protect
international cultural property, including--
(1) activities undertaken pursuant to the Hague Convention
for the Protection of Cultural Property in the Event of Armed
Conflict, including--
(A) procedures the Department has instituted to
protect international cultural property at risk of
destruction due to political instability, armed
conflict, or natural or other disasters; and
(B) actions the Department has taken to protect
international cultural property in conflicts to which
the United States is a party; and
(2) actions the Department has taken to protect
international cultural property pursuant to other cultural
property protection statutes, international agreements, or
policies.
(b) Information on Activities of USAID To Protect International
Cultural Property.--The Administrator of the United States Agency for
International Development (USAID) shall submit to the White House
Coordinator for International Cultural Property Protection information
on efforts of USAID to protect international cultural property,
including activities and coordination with other Federal agencies,
international organizations, and nongovernmental organizations
regarding the protection of international cultural property at risk of
destruction due to political unrest, armed conflict, natural or other
disasters, and USAID development programs.
(c) Information on Activities of the Department of Defense To
Protect International Cultural Property.--The Secretary of Defense
shall submit to the White House Coordinator for International Cultural
Property Protection information on efforts of the Department of Defense
to protect international cultural property, including activities
undertaken pursuant to the Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict, other cultural
protection statutes, and international agreements, including--
(1) directives, policies, and regulations the Department
has instituted to protect international cultural property at
risk of destruction due to political instability, armed
conflict, or natural or other disasters; and
(2) actions the Department has taken to protect
international cultural property, including actions to avoid
damage to cultural property through construction activities
abroad.
(d) Information on Activities of the Department of Justice To
Protect International Cultural Property.--The Attorney General, in
consultation with the Secretary of Homeland Security, shall submit to
the White House Coordinator for International Cultural Property
Protection information on efforts of the Department of Justice to
protect both international cultural property and international cultural
property located in, or attempted to be imported into, the United
States, including activities undertaken pursuant to statutes and
international agreements. Such information shall include the--
(1) statutes and regulations the Department has employed in
criminal, civil, and civil forfeiture actions to prevent and
interdict trafficking in stolen and smuggled cultural property,
including investigations into transnational organized crime;
and
(2) actions the Department has taken in order to ensure the
consistent and effective application of law in cases relating
to both international cultural property and international
cultural property located in, or attempted to be imported into,
the United States.
SEC. 6. AUTHORIZATION FOR FEDERAL AGENCIES TO ENGAGE IN INTERNATIONAL
CULTURAL PROPERTY PROTECTION ACTIVITIES WITH THE
SMITHSONIAN INSTITUTION.
(a) In General.--Notwithstanding any other provision of law, the
Department of State, the Department of Defense, USAID, the Department
of Homeland Security, the Department of Justice, the Department of the
Interior, the National Archives, the National Science Foundation, and
any other agency that is involved in international cultural property
protection activities are authorized to enter into agreements or
memoranda of understanding with the Smithsonian Institution to
temporarily engage personnel from the Smithsonian Institution for the
purposes of furthering such international cultural property protection
activities.
(b) Salaries and Expenses.--The Federal agencies or departments
specified in subsection (a) are authorized to pay the salaries and
expenses of personnel from the Smithsonian Institution to assist such
agencies or departments in their international cultural property
protection activities, including in support of military or diplomatic
missions and law enforcement efforts.
SEC. 7. GRANTMAKING AUTHORIZATION FOR THE SECRETARY OF STATE FOR
INTERNATIONAL CULTURAL PROPERTY PROTECTION ACTIVITIES.
The Secretary of State is authorized to make grants to private
individuals or organizations for the purposes of international cultural
property protection activities in areas at risk of destruction due to
political instability, armed conflict, or natural or other disasters.
SEC. 8. EMERGENCY PROTECTION FOR SYRIAN CULTURAL PROPERTY.
(a) Presidential Determination.--Notwithstanding subsection (b) of
section 304 of the Convention on the Cultural Property Implementation
Act (19 U.S.C. 2603) (relating to a Presidential determination that an
emergency condition applies with respect to any archaeological or
ethnological material of any State Party to the Convention), the
President shall apply the import restrictions referred to in such
section 304 with respect to any archaeological or ethnological material
of Syria as if Syria were a State Party to such Convention, except that
subsection (c) of such section 304 shall not apply. Such import
restrictions shall take effect not later than 60 days after the date of
the enactment of this Act.
(b) Definitions.--In this section--
(1) the term ``archaeological or ethnological material of
Syria'' means cultural property of Syria and other items of
archaeological, historical, cultural, rare scientific, or
religious importance unlawfully removed from Syria on or after
August 18, 2011; and
(2) the term ``State Party'' has the meaning given such
term in section 302 of the Convention on the Cultural Property
Implementation Act (19 U.S.C. 2601). | Protect and Preserve International Cultural Property Act - Directs the President to appoint a White House Coordinator for International Cultural Property Protection who shall coordinate and promote federal agency efforts to address international cultural property protection activities. Directs the Secretary of State (Secretary in this Act), the Administrator of the United States Agency for International Development (USAID), the Attorney General (DOJ), and the Secretary of Defense (DOD) to submit to the Coordinator information on efforts to protect international cultural property. Authorizes the Department of State, DOD, USAID, the Department of Homeland Security (DHS), DOJ, the Department of the Interior, the National Archives, the National Science Foundation, and any other appropriate agency to enter into agreements with the Smithsonian Institution to engage temporarily Smithsonian personnel to assist in international cultural property protection activities. Authorizes the Secretary to make grants to private individuals or organizations for international cultural property protection activities in areas at risk of destruction due to political instability, armed conflict, or natural or other disasters. Directs the President to apply specified import restrictions with respect to any archaeological or ethnological material of Syria as if Syria were a State Party to the Convention on prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property (adopted by the General Conference of the United Nations Educational, Scientific, and Cultural Organization). | {"src": "billsum_train", "title": "Protect and Preserve International Cultural Property Act"} | 2,806 | 292 | 0.490856 | 1.638218 | 0.599292 | 4.434109 | 10.027132 | 0.914729 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inmate Tax Fraud Prevention Act of
2008''.
SEC. 2. DISCLOSURE OF PRISONER RETURN INFORMATION TO FEDERAL BUREAU OF
PRISONS.
(a) In General.--Subsection (k) of section 6103 of the Internal
Revenue Code of 1986 (relating to disclosure of certain return and
return information for tax administration purposes) is amended by
adding at the end the following new paragraph:
``(10) Disclosure of certain return information of prisoners to
federal bureau of prisons.--
``(A) In general.--Under such procedures as the Secretary
may prescribe, the Secretary may disclose to the head of the
Federal Bureau of Prisons any return information with respect
to individuals incarcerated in Federal prison whom the
Secretary has determined may have filed or facilitated the
filing of a false return to the extent that the Secretary
determines that such disclosure is necessary to permit
effective Federal tax administration.
``(B) Restriction on redisclosure.--Notwithstanding
subsection (n), the head of the Federal Bureau of Prisons may
not disclose any information obtained under subparagraph (A) to
any person other than an officer or employee of such Bureau.
``(C) Restriction on use of disclosed information.--Return
information received under this paragraph shall be used only
for purposes of and to the extent necessary in taking
administrative action to prevent the filing of false and
fraudulent returns, including administrative actions to address
possible violations of administrative rules and regulations of
the prison facility.
``(D) Termination.--No disclosure may be made under this
paragraph after December 31, 2011.''.
(b) Recordkeeping.--Paragraph (4) of section 6103(p) of such Code
is amended by striking ``(k)(8)'' both places it appears and inserting
``(k)(8) or (10)''.
(c) Evaluation by Treasury Inspector General for Tax
Administration.--Paragraph (3) of section 7803(d) of such Code is
amended by striking ``and'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``; and'', and
by adding at the end the following new subparagraph:
``(C) not later than December 31, 2010, submit a written
report to Congress on the implementation of section
6103(k)(10).''.
(d) Effective Date.--The amendments made by this section shall
apply to disclosures made after December 31, 2008.
(e) Annual Reports.--The Secretary of the Treasury shall annually
submit to Congress and make publicly available a report on the filing
of false and fraudulent returns by individuals incarcerated in Federal
and State prisons. Such report shall include statistics on the number
of false and fraudulent returns associated with each Federal and State
prison.
SEC. 3. RESTORATION OF CERTAIN JUDICIAL SURVIVORS' ANNUITIES.
(a) In General.--Section 376 of title 28, United States Code, is
amended by adding at the end the following:
``(x) In the case of a widow or widower whose annuity under clause
(i) or (ii) of subsection (h)(1) is terminated because of remarriage
before attaining 55 years of age, the annuity shall be restored at the
same rate commencing on the day the remarriage is dissolved by death,
divorce, or annulment, if--
``(1) the widow or widower elects to receive this annuity
instead of any other survivor annuity to which such widow or
widower may be entitled, under this chapter or under another
retirement system for Government employees, by reason of the
remarriage; and
``(2) any payment made to such widow or widower under
subsection (o) or (p) on termination of the annuity is returned to
the Judicial Survivors' Annuities Fund.''.
(b) Conforming Amendment.--Section 376(h)(2) of title 28, United
States Code, is amended by striking the period at the end and inserting
``, subject to subsection (x).''.
(c) Effective Date.--
(1) In general.--This section and the amendments made by this
section shall take effect on the first day of the first month
beginning at least 30 days after the date of the enactment of this
Act and shall apply in the case of a remarriage which is dissolved
by death, divorce, or annulment on or after such first day.
(2) Limited retroactive effect.--
(A) In general.--In the case of a remarriage which is
dissolved by death, divorce, or annulment within the 4-year
period ending on the day before the effective date of this
section, the amendments made by this section shall apply only
if the widow or widower satisfies the requirements of
paragraphs (1) and (2) of section 376(x) of title 28, United
States Code (as amended by this section) before--
(i) the end of the 1-year period beginning on the
effective date of this section; or
(ii) such later date as Director of the Administrative
Office of the United States Courts may by regulation
prescribe.
(B) Restoration.--If the requirements of paragraph (1) are
satisfied, the survivor annuity shall be restored, commencing
on the date the remarriage was dissolved by death, annulment,
or divorce, at the rate which was in effect when the annuity
was terminated.
(C) Lump-sum payment.--Any amounts becoming payable to the
widow or widower under this subsection for the period beginning
on the date on which the annuity was terminated and ending on
the date on which periodic annuity payments resume shall be
payable in a lump-sum payment.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Inmate Tax Fraud Prevention Act of 2008 - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to disclose to the head of the Federal Bureau of Prisons tax return information of prisoners whom the Secretary has determined may have filed or facilitated the filing of a false tax return. Prohibits the head of the Federal Bureau of Prisons from disclosing any prisoner tax return information to any person other than an officer or employee of such Bureau. Restricts the use of such tax return information to preventing the filing of false and fraudulent tax returns. Terminates such disclosure authority after December 31, 2011. Imposes recordkeeping and reporting requirements on the Bureau with respect to disclosures of prisoner tax return information.
Requires the Secretary to submit an annual report to Congress on the filing of false and fraudulent tax returns by federal and state prisoners and to make such reports available to the public.
Requires the Treasury Inspector General for Tax Administration to submit a written report to Congress by December 31, 2010, on the implementation of the authority to disclose prisoner tax return information.
Amends the federal judicial code with respect to certain widows and widowers whose judicial survivors' annuities are terminated on account of remarriage before age 55. Requires restoration of such benefits, at the same rate, upon the dissolution of the remarriage by death, divorce, or annulment, if specified requirements are met. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to permit the Secretary of the Treasury to disclose certain prisoner return information to the Federal Bureau of Prisons, and for other purposes."} | 1,331 | 309 | 0.65846 | 1.831475 | 0.795256 | 3.293436 | 4.517375 | 0.88417 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Jobs Through Cooperatives
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) That Federal policy can promote cooperative
development, which demonstrably has the following benefits for
communities located in such areas:
(A) Advancing local economic stability.
(B) Increasing local circulation of capital,
thereby increasing economic multipliers and the impact
of community investment to spur locally oriented
economic growth.
(C) Developing, attracting, and anchoring new
productive capital in low-income communities.
(D) Expanding investment opportunities and asset
creation for low- and moderate-income Americans.
(2) Cooperatives operate in all 50 States and across all
sectors of the United States economy, including industries such
as energy, telecommunications, food distribution, insurance,
credit unions, agriculture, health, housing, and wholesale and
retail purchasing and distribution
(3) There are 29,000 cooperatives in the United States that
account for more than $3 trillion in assets, over $500 billion
in total revenue, $25 billion in wages and benefits, and nearly
two million jobs
(b) Purpose.--The purpose of this Act is to establish a Federal
program that will create jobs and increase economic development by
promoting cooperative development.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cooperative development.--The term ``cooperative
development'' means technical assistance provided for the
purpose of--
(A) providing financial forecasting, feasibility
analysis, business planning, and other preparatory
activity to ensure that a cooperative organization, or
organizations that are in the process of establishing
such an organization, are grounded in sound business
practices;
(B) assisting with establishing incorporation
documents, bylaws, and policies that ensure that
cooperative organizations--
(i) adhere to legal obligations of a local
or State government or the Federal Government;
and
(ii) are governed by transparent and
agreed-upon rules;
(C) educating, with respect to how cooperative
organizations function--
(i) board members, management, and
employees of cooperative organizations;
(ii) local communities affected by such
organizations and the general public; and
(iii) professionals involved in cooperative
development;
(D) providing organizational planning for
cooperative organizations, including board meetings and
board development, and strategic planning;
(E) hosting networking activities and conferences
involving cooperative organizations, entities that work
with such organizations, and professional organizations
that engage in cooperative development;
(F) providing professional development of
professionals involved in cooperative development by
offering training focused on cooperative development;
and
(G) providing administrative and operational set-up
of cooperative organizations.
(2) Cooperative organization.--The term ``cooperative
organization'' means an autonomous association of persons
united voluntarily to meet their common economic, social, and
cultural needs and aspirations through a jointly-owned and
democratically-controlled enterprise.
(3) Eligible project area.--
(A) In general.--The term ``eligible project area''
means an area located within--
(i) a census tract that is defined as low-
or moderate-income by the Bureau of the Census
of the Department of Commerce;
(ii) a population census tract that is
treated as a low-income community under section
45D(e) of the Internal Revenue Code of 1986; or
(iii) subject to subparagraph (B), an area
that--
(I) is adjacent or close to an area
that meets the requirements of either
clause (i) or (ii); and
(II) is given special approval by
the Secretary to be classified as an
eligible project area.
(B) Limitation.--The Secretary shall limit the
number of projects funded under this Act that are
located in an area described in subparagraph (A)(iii).
(4) Local cooperative development center.--The term ``local
cooperative development center'' means a nonprofit
organization, college, or university, or a group of such
organizations, colleges, or universities, with expertise in
establishing and developing cooperative organizations.
(5) Program.--The term ``program'' means the National
Cooperative Development Program established under section 4.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development, or the Secretary's designee.
SEC. 4. NATIONAL COOPERATIVE DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary of Housing and Urban Development
shall establish a program to be known as the National Cooperative
Development Program to carry out the purpose described in section 2(b).
(b) Assistance for Cooperative Development.--
(1) Uses.--The Secretary shall use amounts made available
for the program for--
(A) providing grants to local cooperative
development centers, to carry out activities that
promote cooperative development, that are selected for
such grants under paragraph (3)(B);
(B) partnering with one or more financial
institutions to--
(i) establish a revolving loan program that
will provide loans to cooperative organizations
to undertake cooperative development; and
(ii) develop other loan programs and
financial products that can be accessed by
cooperative organizations; and
(C) carrying out any other activities that the
Secretary deems necessary to the furtherance of the
purposes of this Act.
(2) Allocation of amounts.--The Secretary shall allocate
not less than 50 percent of the amounts made available for the
program for grants under paragraph (1)(A) to local cooperative
development centers.
(3) Grants to local cooperative development centers.--
(A) Grants.--The Secretary may make grants,
pursuant to paragraph (1)(A)(i), to local development
centers selected under this paragraph, and shall enter
into grant agreements with such centers selected and
provide grants in accordance with such agreements. Each
grant agreement for a local development center shall
provide for a grant for at least one fiscal year and
may provide for grants for a period not to exceed 3
fiscal years.
(B) Selection.--The Secretary shall select, through
a competitive process, local cooperative development
centers to receive grants pursuant to paragraph
(1)(A)(i).
(C) Criteria for selection.--In selecting local
cooperative development centers to receive such grants,
the Secretary shall take into consideration the
following:
(i) The technical capacity of the center to
carry out eligible projects.
(ii) The ability of the center to deliver
technical assistance.
(iii) The capacity and commitment of the
center to offering cooperative development.
(iv) Whether the center can provide
matching funding of at least 15 percent of
grant amounts provided under the program to the
center.
(v) The record of the center in developing
successful cooperative organizations.
(vi) The ability of the center to have a
positive economic impact on an area through job
creation or retention, affordable housing
creation, or wealth creation.
(vii) Such other considerations as the
Secretary may consider appropriate.
(4) Failure to meet performance targets.--If the Secretary
determines that an entity awarded funds under the program has
not met the performance targets established pursuant to
subsection (e), is not making reasonable progress toward
meeting such measures, or is otherwise in violation of a grant
agreement entered into pursuant to paragraph (3)(C) of this
subsection, the Secretary may--
(A) withhold financial assistance under this Act
until the performance measures are met; or
(B) in the case of a grant made pursuant to
paragraph (1)(A), terminate the grant agreement.
(c) Other Activities.--Under the program, the Secretary shall--
(1) develop and provide technical assistance, educational,
and other materials to assist local cooperative development
centers that are receiving funds under the program to develop
cooperative organizations;
(2) monitor and evaluate the performance of such local
centers;
(3) provide guidance, information on best practices, and
technical assistance to communities seeking to establish
cooperative organizations;
(4) establish the eligibility criteria for projects to be
carried out using assistance provided under this Act; and
(5) develop program and reporting guidelines.
(d) Performance Targets.--The Secretary shall establish performance
targets for the program, which shall include, at a minimum, a
requirement that a significant percentage of projects funded under the
program shall involve cooperative organizations that are women- or
minority-owned.
SEC. 5. REPORTS.
(a) By Local Cooperative Development Centers and Financial
Institutions.--For each grant that a local cooperative development
center or financial institution receives pursuant to section
4(b)(1)(A), the local center or institution shall submit to the
Secretary, not later than the expiration of the 12-month period after
initial receipt of such grant amounts, a report that includes--
(1) identification of the total amount of such grant
amounts that have been expended;
(2) a description of the activities undertaken by such
local center or institution with such grant amounts; and
(3) other information as the Secretary may require.
(b) By the Secretary.--Not later than 3 years after the date of the
enactment of this Act, and annually thereafter for each year assistance
is provided under this Act, the Secretary shall submit to the Congress
a report that includes--
(1) identification of the number of cooperative
organizations created using amounts made available under this
Act;
(2) best practices from the local cooperative development
centers that are awarded grants under this Act and the economic
benefits to the local communities that such centers serve
resulting from such use of funds;
(3) an evaluation of compliance with the performance
targets established pursuant to section 4(d);
(4) case studies featuring select cooperative development
organizations that benefitted from the program; and
(5) any additional information, including statistics, that
would help promote future cooperative development.
SEC. 6. REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall issue regulations necessary to carry out this
Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out the National Cooperative Development Program, to remain available
until expended, $25,000,000 for each of fiscal years 2013 through 2017. | Creating Jobs Through Cooperatives Act - Directs the Secretary of Housing and Urban Development (HUD) to establish a National Cooperative Development Program to create jobs and increase economic development in eligible project areas by promoting cooperative development. Defines "eligible project areas" as those located within: a census tract defined as low- or moderate-income by the Census Bureau; a population census tract treated as a low-income community under the Internal Revenue Code; or areas adjacent or close to areas that meet either requirement, and are given special HUD approval to be classified as eligible project areas. (Requires the Secretary to limit the number of funded projects located in these areas.) Defines "cooperative development" as specified technical assistance for the establishment of cooperative organizations, which are autonomous associations of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly owned and democratically controlled enterprise. Authorizes the Secretary, through a competitive process, to make one- to -five-year grants to local cooperative development centers. | {"src": "billsum_train", "title": "Creating Jobs Through Cooperatives Act"} | 2,167 | 241 | 0.495582 | 1.438433 | 0.874437 | 3.279188 | 10.725888 | 0.883249 |
SECTION 1. GRANTS FOR SCHOOL INFRASTRUCTURE IMPROVEMENT.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by adding at the end the following:
``TITLE X--SCHOOL INFRASTRUCTURE IMPROVEMENT
``SEC. 10001. FINDINGS.
``The Congress finds the following:
``(1) There are 52,700,000 students in 88,223 elementary
and secondary schools across the United States. The current
Federal expenditure for education infrastructure is
$12,000,000. The Federal expenditure per enrolled student for
education infrastructure is 23 cents. An appropriation of
$22,000,000,000 would result in a Federal expenditure for
education infrastructure of $417 per student per fiscal year.
``(2) The General Accounting Office in 1995 reported that
the Nation's elementary and secondary schools need
approximately $112,000,000,000 to repair or upgrade facilities.
Increased enrollments and continued building decay has raised
this need to an estimated $200,000,000,000. Local education
agencies, particularly those in central cities or those with
high minority populations, cannot obtain adequate financial
resources to complete necessary repairs or construction. These
local education agencies face an annual struggle to meet their
operating budgets.
``(3) According to a 1991 survey conducted by the American
Association of School Administrators, 74 percent of all public
school buildings need to be replaced. Almost one-third of such
buildings were built prior to World War II.
``(4) The majority of the schools in unsatisfactory
condition are concentrated in central cities and serve large
populations of poor or minority students.
``(5) In the large cities of America, numerous schools
still have polluting coal burning furnaces. Decaying buildings
threaten the health, safety, and learning opportunities of
students. A growing body of research has linked student
achievement and behavior to the physical building conditions
and overcrowding. Asthma and other respiratory illnesses exist
in above average rates in areas of coal burning pollution.
``(6) According to a study conducted by the General
Accounting Office in 1995, most schools are unprepared in
critical areas for the 21st century. Most schools do not fully
use modern technology and lack access to the information
superhighway. Schools in central cities and schools with
minority populations above 50 percent are more likely to fall
short of adequate technology elements and have a greater number
of unsatisfactory environmental conditions than other schools.
``(7) School facilities such as libraries and science
laboratories are inadequate in old buildings and have outdated
equipment. Frequently, in overcrowded schools, these same
facilities are utilized as classrooms for an expanding school
population.
``(8) Overcrowded classrooms have a dire impact on
learning. Students in overcrowded schools score lower on both
mathematics and reading exams than do students in schools with
adequate space. In addition, overcrowding in schools negatively
affects both classroom activities and instructional techniques.
Overcrowding also disrupts normal operating procedures, such as
lunch periods beginning as early as 10 a.m. and extending into
the afternoon; teachers being unable to use a single room for
an entire day; too few lockers for students, and jammed
hallways and restrooms which encourage disorder and rowdy
behavior.
``(9) School modernization for information technology is an
absolute necessity for education for a coming
CyberCivilization. The General Accounting Office has reported
that many schools are not using modern technology and many
students do not have access to facilities that can support
education into the 21st century. It is imperative that we now
view computer literacy as basic as reading, writing, and
arithmetic.
``(10) Both the national economy and national security
require an investment in school construction. Students educated
in modern, safe, and well-equipped schools will contribute to
the continued strength of the American economy and will ensure
that our Armed Forces are the best trained and best prepared in
the world. The shortage of qualified information technology
workers continues to escalate and presently many foreign
workers are being recruited to staff jobs in America. Military
manpower shortages of personnel capable of operating high tech
equipment are already acute in the Navy and increasing in other
branches of the Armed Forces.
``SEC. 10002. PURPOSE.
The purpose of this title is to provide Federal funds to enable
local educational agencies to finance the costs associated with the
construction, repair, and modernization for information technology of
school facilities within their jurisdictions.
``SEC. 10003. FEDERAL ASSISTANCE IN THE FORM OF GRANTS.
``(a) Authority and Conditions for Grants.--
``(1) In general.--To assist in the construction,
reconstruction, renovation, or modernization for information
technology of elementary and secondary schools, the Secretary
shall make grants of funds to State educational agencies for
the construction, reconstruction, or renovation, or for
modernization for information technology, of such schools.
``(2) Formula for allocation.--From the amount appropriated
under section 10006 for any fiscal year, the Secretary shall
allocate to each State an amount that bears the same ratio to
such appropriated amount as the number of school-age children
in such State bears to the total number of school-age children
in all the States. The Secretary shall determine the number of
school-age children on the basis of the most recent
satisfactory data available to the Secretary.
``(b) Conditions for Receipt of Grants.--
``(1) Applications.--In order to receive a grant under this
title, a State shall submit to the Secretary an application
containing or accompanied by such information and assurances as
the Secretary may require. Such applications shall specify the
method by which the State educational agency will allocate
funds to local educational agencies and the procedures by which
projects will be selected for funding. Such applications shall
contain assurances that such funds will only be provided if the
State educational agency finds that such constructions will be
undertaken in an economical manner, and that any such
construction, reconstruction, renovation, or modernization is
not or will not be of elaborate or extravagant design or
materials.
``(2) Priorities.--In approving projects for funding under
this title, the State educational agency shall consider--
``(A) the threat the condition of the physical
plant poses to the safety and well-being of students;
``(B) the demonstrated need for the construction,
reconstruction, renovation, or modernization as based
on the condition of the facility;
``(C) the age of the facility to be renovated or
replaced;
``(D) whether the facility is eligible to receive
education technology assistance from the National
Education Technology Funding Corporation under section
708 of the Telecommunications Act of 1996 (Public Law
104-104; 110 Stat. 157); and
``(E) the needs related to preparation for modern
technology.
``(3) Charter schools.--In approving projects for funding
under this title, the State educational agency shall ensure
that a public charter school that constitutes a local
educational agency under State law is eligible for assistance
under the same terms and conditions as any other local
educational agency.
``(c) Amount and Condition of Grants.--A grant to a local
educational agency may be in an amount not exceeding the total cost of
the facility construction, reconstruction, renovation, or modernization
for information technology, as determined by the State educational
agency.
``SEC. 10004. GENERAL PROVISIONS.
``The Secretary shall take such action as may be necessary to
ensure that all laborers and mechanics employed by contractors or
subcontractors on any project assisted under this title--
``(1) shall be paid wages at rates not less than those
prevailing on the same type of work on similar construction in
the immediate locality as determined by the Secretary of Labor
in accordance with the Act of March 31, 1931 (Davis-Bacon Act),
as amended; and
``(2) shall be employed not more than 40 hours in any 1
week unless the employee receives wages for the employee's
employment in excess of the hours specified in paragraph (1) at
a rate not less than one and one-half times the regular rate at
which the employee is employed;
but the Secretary may waive the application of this subsection in cases
or classes or cases where laborers or mechanics, not otherwise employed
at any time in the construction of such project, voluntarily donate
their services without full compensation for the purpose of lowering
the costs of construction and the Secretary determines that any amounts
saved thereby are fully credited to the educational institution
undertaking the construction.
``SEC. 10005. DEFINITIONS.
``As used in this title:
``(1) School.--The term `school' means structures suitable
for use as classrooms, laboratories, libraries, and related
facilities, the primary purpose of which is the instruction of
elementary and secondary school students.
``(2) State.--The term State includes the several States of
the United States and the District of Columbia.
``SEC. 10006. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title,
$3,000,000,000 for fiscal year 2003 and a sum no less than this amount
for each of the 4 succeeding fiscal years.''. | Amends of the Elementary and Secondary Education Act of 1965 to establish a new title X, School Infrastructure Improvement. Directs the Secretary of Education to make grants to State educational agencies for elementary and secondary school construction, reconstruction, renovation, or modernization for information technology.Sets forth wage requirements for such projects, including Davis-Bacon Act compliance and overtime; but allows exceptions for certain workers who voluntarily donate their services without full compensation. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to provide grants to improve the infrastructure of elementary and secondary schools."} | 1,973 | 94 | 0.340853 | 0.926188 | 0.404719 | 3.182927 | 23.097561 | 0.817073 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Food Modernization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Durable equipment.--The term ``durable equipment''
means durable food preparation, handling, cooking, serving, and
storage equipment.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency operating a school
lunch program;
(B) a tribal organization; or
(C) a consortium that includes a local educational
agency described in subparagraph (A), a tribal
organization, or both.
(3) Infrastructure.--The term ``infrastructure'' means a
food storage facility, kitchen, food service facility,
cafeteria, dining room, or food preparation facility.
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) School lunch program.--The term ``school lunch
program'' means the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
(6) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. LOAN GUARANTEE FOR ASSISTANCE TO SCHOOLS FOR INFRASTRUCTURE
IMPROVEMENTS AND DURABLE EQUIPMENT NECESSARY TO PROVIDE
HEALTHY MEALS THROUGH SCHOOL FOOD PROGRAMS.
(a) Authority To Guarantee Loans.--The Secretary of Agriculture
shall issue a loan guarantee to an eligible entity for purposes of
financing the construction, remodeling, or expansion of infrastructure
or the purchase of durable equipment that the Secretary determines will
assist such entity in providing healthy meals through the school food
programs.
(b) Competitive Basis.--Subject to subsection (c), the Secretary
shall select eligible entities to receive a loan guarantee under this
section on a competitive basis.
(c) Preferences.--In issuing a loan guarantee under this section,
the Secretary shall give a preference to an eligible entity that,
compared with other eligible entities seeking a loan guarantee under
this section, the Secretary determines demonstrates substantial or
disproportionate need for--
(1) infrastructure improvement; or
(2) durable equipment need or impairment.
(d) Oversight.--The Secretary shall establish procedures to enable
the Secretary to oversee the construction, remodeling, or expansion of
infrastructure or the purchase of durable equipment for which a loan
guarantee is issued under this section.
(e) Guarantee Amount.--A loan guarantee issued under this section
may not guarantee more than 90 percent of the principal amount of the
loan.
(f) Use of Commodity Credit Corporation.--The Secretary shall use
the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out this section.
SEC. 4. EQUIPMENT GRANT PROGRAM.
Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is
amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i), the following:
``(j) Equipment Grants.--
``(1) In general.--Beginning fiscal year 2015 and subject
to the availability of appropriations, the Secretary shall make
grants, on a competitive basis, to eligible entities to assist
such entities in purchasing the durable equipment and
infrastructure needed to serve healthier meals and improve food
safety.
``(2) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to eligible entities serving
a high percentage of students eligible for free or reduced
price under the Richard B. Russell National School Lunch Act.
``(3) Definitions.--For purposes of this subsection:
``(A) Durable equipment.--The term `durable
equipment' means durable food preparation, handling,
cooking, serving, and storage equipment.
``(B) Eligible entity.--The term `eligible entity'
means--
``(i) a local educational agency operating
a school lunch program;
``(ii) a tribal organization; or
``(iii) a consortium that includes a local
educational agency described in clause (i), a
tribal organization, or both.
``(C) Infrastructure.--The term `infrastructure'
means a food storage facility, kitchen, food service
facility, cafeteria, dining room, or food preparation
facility.''.
SEC. 5. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE
PERSONNEL.
(a) In General.--The Secretary shall carry out a grant program
under which the Secretary shall award grants, on a competitive basis,
to provide support to eligible third-party training institutions
described in subsection (b) to develop and administer training and
technical assistance for school foodservice personnel to meet updated
nutrition standards under section 4(b)(3) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1753(b)(3)) for the school food
programs.
(b) Criteria for Eligible Third-Party Institutions.--The Secretary
shall establish specific criteria that eligible third-party training
institutions shall meet to receive grants under this section, which
shall include--
(1) a demonstrated capacity to administer effective
training and technical assistance programming to school
foodservice personnel;
(2) prior, successful experience in providing or engaging
in training and technical assistance programming or applied
research activities involving eligible entities, school food
service administrators, or directors;
(3) prior, successful experience in developing relevant
educational training tools or course materials or curricula on
topics addressing child and school nutrition or the updated
nutrition standards under section 4(b)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1753(b)(3)); and
(4) the ability to deliver effective and cost-efficient
training and technical assistance programming to school
foodservice personnel at training sites that are located within
a proximate geographic distance to schools, central kitchens,
or other worksites.
(c) Program Assistance.--The Secretary shall assist the
institutions receiving grants under this section in publicizing and
disseminating training and other project materials and online tools
wherever possible.
(d) Federal Share.--
(1) In general.--The Federal share of costs for training
and technical assistance funded through a grant awarded under
this section shall not exceed 90 percent of the total cost of
such training and technical assistance.
(2) Matching.--As a condition of receiving a grant under
this section, the eligible third-party training institution
shall provide matching support in the form of cash or in-kind
contributions.
(e) Oversight.--The Secretary shall establish procedures to enable
the Secretary to--
(1) oversee the administration and operation of training
and technical assistance funded through grants awarded under
this section; and
(2) ensure that such training and assistance is operated
consistent with the goals and requirements of this Act.
SEC. 6. REPORT TO CONGRESS.
Not later than one year after funds are made available to carry out
this Act, and annually thereafter, the Secretary shall submit to
Congress a report on the Secretary's progress in implementing the
provisions of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act for fiscal year 2014 and each
succeeding fiscal year. | School Food Modernization Act - Directs the Secretary of Agriculture (USDA) to issue loan guarantees to local educational agencies (LEAs) participating in the school lunch program, tribal organizations, or consortia of such entities to finance the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that will facilitate their provision of healthy meals through the school breakfast and lunch programs. Requires the Secretary to give a preference to applicants that, compared with other applicants, demonstrate a substantial or disproportionate need for food service infrastructure or durable equipment. Prohibits a loan guarantee from covering more than 90% of a loan's principal. Amends the Child Nutrition Act of 1966 to direct the Secretary to award competitive grants to assist LEAs participating in the school lunch program, tribal organizations, or consortia of such entities in purchasing the durable equipment and infrastructure they need to serve healthier meals and improve food safety. Gives grant priority to applicants that serve a high percentage of students eligible for free or reduced price meals under the school lunch program. Directs the Secretary to award competitive matching grants to experienced third-party training institutions to provide school food service personnel with the training and technical assistance they need to meet updated school lunch program nutrition standards. | {"src": "billsum_train", "title": "School Food Modernization Act"} | 1,709 | 264 | 0.652734 | 1.818798 | 0.805987 | 3.133621 | 6.49569 | 0.857759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Automobile Industry
Promotion Act of 2007''.
SEC. 2. ADVANCED ENERGY INITIATIVE FOR VEHICLES.
(a) Purposes.--The purposes of this section are--
(1) to enable and promote, in partnership with industry,
comprehensive development, demonstration, and commercialization
of a wide range of electric drive components, systems, and
vehicles using diverse electric drive transportation
technologies;
(2) to make critical public investments to help private
industry, institutions of higher education, National
Laboratories, and research institutions to expand innovation,
industrial growth, and jobs in the United States;
(3) to expand the availability of the existing electric
infrastructure for fueling light duty transportation and other
on-road and nonroad vehicles that are using petroleum and are
mobile sources of emissions--
(A) including the more than 3,000,000 reported
units (such as electric forklifts, golf carts, and
similar nonroad vehicles) in use on the date of
enactment of this Act; and
(B) with the goal of enhancing the energy security
of the United States, reduce dependence on imported
oil, and reduce emissions through the expansion of
grid-supported mobility;
(4) to accelerate the widespread commercialization of all
types of electric drive vehicle technology into all sizes and
applications of vehicles, including commercialization of plug-
in hybrid electric vehicles and plug-in hybrid fuel cell
vehicles; and
(5) to improve the energy efficiency of and reduce the
petroleum use in transportation.
(b) Definitions.--In this section:
(1) Battery.--The term ``battery'' means an energy storage
device used in an on-road or nonroad vehicle powered in whole
or in part using an off-board or on-board source of
electricity.
(2) Electric drive transportation technology.--The term
``electric drive transportation technology'' means--
(A) a vehicle that--
(i) uses an electric motor for all or part
of the motive power of the vehicle; and
(ii) may use off-board electricity,
including battery electric vehicles, fuel cell
vehicles, engine dominant hybrid electric
vehicles, plug-in hybrid electric vehicles,
plug-in hybrid fuel cell vehicles, and electric
rail; or
(B) equipment relating to transportation or mobile
sources of air pollution that uses an electric motor to
replace an internal combustion engine for all or part
of the work of the equipment, including corded electric
equipment linked to transportation or mobile sources of
air pollution.
(3) Engine dominant hybrid electric vehicle.--The term
``engine dominant hybrid electric vehicle'' means an on-road or
nonroad vehicle that--
(A) is propelled by an internal combustion engine
or heat engine using--
(i) any combustible fuel; and
(ii) an on-board, rechargeable storage
device; and
(B) has no means of using an off-board source of
electricity.
(4) Fuel cell vehicle.--The term ``fuel cell vehicle''
means an on-road or nonroad vehicle that uses a fuel cell (as
defined in section 803 of the Energy Policy Act of 2005 (42
U.S.C. 16152)).
(5) Initiative.--The term ``Initiative'' means the Advanced
Battery Initiative established by the Secretary under
subsection (f)(1).
(6) Nonroad vehicle.--The term ``nonroad vehicle'' has the
meaning given the term in section 216 of the Clean Air Act (42
U.S.C. 7550).
(7) Plug-in hybrid electric vehicle.--The term ``plug-in
hybrid electric vehicle'' means an on-road or nonroad vehicle
that is propelled by an internal combustion engine or heat
engine using--
(A) any combustible fuel;
(B) an on-board, rechargeable storage device; and
(C) a means of using an off-board source of
electricity.
(8) Plug-in hybrid fuel cell vehicle.--The term ``plug-in
hybrid fuel cell vehicle'' means an onroad or nonroad vehicle
that is propelled by a fuel cell using--
(A) any compatible fuel;
(B) an on-board, rechargeable storage device; and
(C) a means of using an off-board source of
electricity.
(9) Industry alliance.--The term ``Industry Alliance''
means the entity selected by the Secretary under subsection
(f)(2).
(10) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(c) Goals.--The goals of the electric drive transportation
technology program established under subsection (e) shall be to
develop, in partnership with industry and institutions of higher
education, projects that focus on--
(1) innovative electric drive technology developed in the
United States;
(2) growth of employment in the United States in electric
drive design and manufacturing;
(3) validation of the plug-in hybrid potential through
fleet demonstrations; and
(4) acceleration of fuel cell commercialization through
comprehensive development and commercialization of battery
technology systems independent of fundamental fuel cell vehicle
technology development.
(d) Assessment.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall offer to enter into an
arrangement with the National Academy of Sciences--
(1) to conduct an assessment (in cooperation with industry,
standards development organizations, and other entities, as
appropriate), of state-of-the-art battery technologies with
potential application for electric drive transportation;
(2) to identify knowledge gaps in the scientific and
technological bases of battery manufacture and use;
(3) to identify fundamental research areas that would
likely have a significant impact on the development of superior
battery technologies for electric drive vehicle applications;
and
(4) to recommend steps to the Secretary to accelerate the
development of battery technologies for electric drive
transportation.
(e) Program.--The Secretary shall conduct a program of research,
development, demonstration, and commercial application for electric
drive transportation technology, including--
(1) high-capacity, high-efficiency batteries;
(2) high-efficiency on-board and off-board charging
components;
(3) high-powered drive train systems for passenger and
commercial vehicles and for nonroad equipment;
(4) control system development and power train development
and integration for plug-in hybrid electric vehicles, plug-in
hybrid fuel cell vehicles, and engine dominant hybrid electric
vehicles, including--
(A) development of efficient cooling systems;
(B) analysis and development of control systems
that minimize the emissions profile when clean diesel
engines are part of a plug-in hybrid drive system; and
(C) development of different control systems that
optimize for different goals, including--
(i) battery life;
(ii) reduction of petroleum consumption;
and
(iii) green house gas reduction;
(5) nanomaterial technology applied to both battery and
fuel cell systems;
(6) large-scale demonstrations, testing, and evaluation of
plug-in hybrid electric vehicles in different applications with
different batteries and control systems, including--
(A) military applications;
(B) mass market passenger and light-duty truck
applications;
(C) private fleet applications; and
(D) medium- and heavy-duty applications;
(7) a nationwide education strategy for electric drive
transportation technologies providing secondary and high school
teaching materials and support for education offered by
institutions of higher education that is focused on electric
drive system and component engineering;
(8) development, in consultation with the Administrator of
the Environmental Protection Agency, of procedures for testing
and certification of criteria pollutants, fuel economy, and
petroleum use for light-, medium-, and heavy-duty vehicle
applications, including consideration of--
(A) the vehicle and fuel as a system, not just an
engine; and
(B) nightly off-board charging; and
(9) advancement of battery and corded electric
transportation technologies in mobile source applications by--
(A) improvement in battery, drive train, and
control system technologies; and
(B) working with industry and the Administrator of
the Environmental Protection Agency--
(i) to understand and inventory markets;
and
(ii) to identify and implement methods of
removing barriers for existing and emerging
applications.
(f) Advanced Battery Initiative.--
(1) In general.--The Secretary shall establish and carry
out an Advanced Battery Initiative in accordance with this
subsection to support research, development, demonstration, and
commercial application of battery technologies.
(2) Industry alliance.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
competitively select an Industry Alliance to represent
participants who are private, for-profit firms headquartered in
the United States, the primary business of which is the
manufacturing of batteries.
(3) Research.--
(A) Grants.--The Secretary shall carry out research
activities of the Initiative through competitively-
awarded grants to--
(i) researchers, including Industry
Alliance participants;
(ii) small businesses;
(iii) National Laboratories; and
(iv) institutions of higher education.
(B) Industry alliance.--The Secretary shall
annually solicit from the Industry Alliance--
(i) comments to identify advanced battery
technology needs relevant to electric drive
technology;
(ii) an assessment of the progress of
research activities of the Initiative; and
(iii) assistance in annually updating
advanced battery technology roadmaps.
(4) Availability to the public.--The information and
roadmaps developed under this subsection shall be available to
the public.
(5) Preference.--In making awards under this subsection,
the Secretary shall give preference to participants in the
Industry Alliance.
(g) Cost Sharing.--In carrying out this section, the Secretary
shall require cost sharing in accordance with section 988 of the Energy
Policy Act of 2005 (42 U.S.C. 16352).
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2008 through 2012.
SEC. 3. AVAILABILITY OF NEW ADVANCED LEAN BURN TECHNOLOGY MOTOR VEHICLE
CREDIT FOR HIGH-EFFICIENCY DIESEL MOTOR VEHICLES.
(a) In General.--Section 30B(c)(3)(A) of the Internal Revenue Code
of 1986 (defining new advanced lean burn technology motor vehicle
credit) is amended--
(1) by adding ``and'' at the end of clause (ii), and
(2) by striking clause (iv).
(b) Effective Date.--The amendments made by this section shall
apply to property purchased after the date of the enactment of this
Act.
SEC. 4. BIODIESEL STANDARDS.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended--
(1) by redesignating the first subsection (r) (relating to
the definition of the term ``manufacturer'') as subsection (t)
and moving the subsection so as to appear after subsection (s);
and
(2) by inserting after subsection (o) the following:
``(p) Biodiesel Standards.--
``(1) Definitions.--In this subsection:
``(A) Biodiesel.--
``(i) In general.--The term `biodiesel'
means the monoalkyl esters of long chain fatty
acids derived from plant or animal matter that
meet--
``(I) the registration requirements
for fuels and fuel additives
established by the Environmental
Protection Agency under section 211 of
the Clean Air Act (42 U.S.C. 7545); and
``(II) the requirements of the
American Society of Testing and
Materials D6751.
``(ii) Inclusions.--The term `biodiesel'
includes esters described in subparagraph (A)
derived from--
``(I) animal waste, including
poultry fat, poultry waste, and other
waste material; and
``(II) municipal solid waste,
sludge, and oil derived from wastewater
or the treatment of wastewater.
``(B) Biodiesel blend.--
``(i) In general.--The term `biodiesel
blend' means a mixture of biodiesel and diesel
fuel (as defined in section 4083(a) of the
Internal Revenue Code of 1986).
``(ii) Inclusions.--The term `biodiesel
blend' includes--
``(I) a blend of biodiesel and
diesel fuel approximately 5 percent of
the content of which is biodiesel
(commonly known as `B5'); and
``(II) a blend of biodiesel and
diesel fuel approximately 20 percent of
the content of which is biodiesel
(commonly known as `B20').
``(2) Standards.--Not later than 180 days after the date of
enactment of the American Automobile Industry Promotion Act of
2007, the Administrator shall promulgate regulations to
establish standards for each biodiesel blend that is sold or
introduced into commerce in the United States.''. | American Automobile Industry Promotion Act of 2007 - Directs the Secretary of Energy to: (1) offer to enter into an arrangement with the National Academy of Sciences to assess state-of-the-art battery technologies with potential application for electric drive transportation; (2) conduct a program of research, development, demonstration, and commercial application for electric drive transportation technology (i.e., vehicles that use electric motors for all or part of the motive power); and (3) establish and carry out an Advanced Battery Initiative to support research, development, demonstration, and commercial application of battery technologies in on-road or nonroad vehicles.
Amends the Internal Revenue Code to redefine the new advanced lean burn technology motor vehicle credit for high-efficiency diesel passenger automobiles and light trucks to eliminate requirements that such motor vehicles for 2004 and later model years receive a certificate stating they meet or exceed certain weight and emission standards.
Amends the Clean Air Act to: (1) define "biodiesel" and "biodiesel blend"; and (2) require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to establish standards for each biodiesel blend. | {"src": "billsum_train", "title": "A bill to promote the future of the American automobile industry, and for other purposes."} | 2,863 | 239 | 0.551611 | 1.608538 | 0.72263 | 3.959641 | 12.026906 | 0.874439 |
SECTION 1. TAX TREATMENT OF PAYMENTS UNDER LIFE INSURANCE CONTRACTS FOR
TERMINALLY ILL INDIVIDUALS.
(a) Treatment As Insurance.--
(1) General rule.--Section 101 of the Internal Revenue Code
of 1986 (relating to certain death benefits) is amended by
adding at the end thereof the following new subsection:
``(g) Treatment of Amounts Paid With Respect to Terminally Ill
Individuals or Individuals With Dread Disease.--
``(1) In general.--For purposes of this section, any amount
paid or advanced to an individual under a life insurance
contract on the life of an insured who is a terminally ill
individual or who has a dread disease shall be treated as an
amount paid by reason of the death of such insured.
``(2) Terminally ill individual.--For purposes of this
subsection, the term `terminally ill individual' means an
individual who has been certified by a licensed physician as
having an illness or physical condition which can reasonably be
expected to result in death in twenty-four months or less.
``(3) Dread disease.--For purposes of this subsection, the
term `dread disease' means a medical condition which has
required or requires extraordinary medical intervention without
which the insured would die, or a medical condition which
would, in the absence of extensive or extraordinary medical
treatment, result in a drastically limited life span.
``(4) Assignment or sale of contract.--For purposes of this
subsection--
``(A) In general.--Any amount received by an
individual from the sale or assignment to a qualified
accelerated benefits corporation of a life insurance
contract on the life of an insured who is a terminally
ill individual or who has a dread disease shall be
treated as an amount described in paragraph (1). The
preceding sentence shall not apply to amounts for
payment of cash surrender values, loans, or other
benefits made by an insurer in accordance with the
policy provisions.
``(B) Qualified accelerated benefits corporation.--
The term `qualified accelerated benefits corporation'
means a corporation--
``(i) with respect to which the aggregate
amount of money or other property received in
exchange for equity in the corporation, as
contributions to capital, or as paid-in surplus
is at least $1,000,000.
``(ii) which is regularly engaged in
purchasing or taking assignment of life
insurance contracts on the lives of insureds
who are terminally ill individuals or who have
dread diseases.
``(iii)(I) which does business in a State
in which the insured resides and in which
qualifying legislation has been enacted (or
qualifying administrative regulations have been
promulgated) to govern activities described in
clause (ii), and
``(II) the business practices of which in
States in which no qualifying legislation has
been enacted (and no qualifying administrative
regulations have been promulgated) do not
materially differ from its business practices
in States in which such legislation has been
enacted (or such regulations have been
promulgated); and
``(iv) which pays an amount equal to at
least 60 percent of the face value of the life
insurance as consideration for the sale or
assignment to it of the policy.
``(C) Qualifying legislation.--For purposes of
subparagraph (B)(iii)--
``(i) the term `qualifying legislation'
means legislation enacted by a State
legislature which, either along or in
conjunction with qualifying administrative
regulations--
``(I) imposes obligations on
companies regularly engaged in
purchasing or taking assignments of
life insurance contracts on the lives
of insured who are terminally ill
individuals or who have dread diseases
with respect to confidentiality of
medical information, disclosure of
alternatives to accelerated benefits
contracts, disclosure of tax
consequences of accelerated benefits
contracts, and full disclosure to the
terminally ill individual or individual
with a dread disease of all material
terms of the accelerated benefits
contract and the life insurance policy,
and
``(II) in order to enforce
obligations described in subclause (I),
authorizes the examination of business
records and affairs of qualified
accelerated benefits corporations,
establishes procedures for
investigations and for cease and desist
and other orders, and imposes penalties
for non-compliance; and
``(ii) the term `qualifying administrative
regulations' means regulations promulgated by a
State agency which, either alone or in
conjunction with the qualifying legislation,
impose obligations on companies regularly
engaged in purchasing or taking assignments of
life insurance contracts on lives of insureds
who are terminally ill individuals or who have
dread diseases in the areas described in clause
(i) and authorize the enforcement of those
obligations in the manner provided in clause
(i).
``(D) Transition rule.--In the case of taxable
years beginning before January 1, 1994, a corporation
conducting its business substantially in accordance
with the qualifying legislation enacted by any State or
with qualifying administrative regulations promulgated
by any State agency shall be treated as satisfying the
requirements of subparagraph (C) regardless of whether
the corporation conducts its business in that State.''
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after December 31, 1989;
except that, in the case of amounts received pursuant to a sale
or assignment described in section 101(g)(4) of the Internal
Revenue Code of 1986 (as added by paragraph (1)), such
amendment shall only apply to amounts received after January 1,
1994.''
(b) Tax Treatment Of Companies Issuing Qualified Terminal Illness
Or Dread Disease Riders.--
(1) Qualified terminal illness or dread disease rider
treated as life insurance.--Section 818 (relating to other
definitions and special rules) is amended by adding at the end
thereof the following new subsection:
``(g) Qualified Terminal Illness Or Dread Disease Rider Treated As
Life Insurance.--For purposes of this part--
``(1) In general.--Any reference to life insurance shall be
treated as including a reference to a qualified terminal
illness or dread disease rider.
``(2) Qualified terminal illness or dread disease rider.--
For purposes of this subsection, the term `qualified terminal,
illness or dread disease rider' means any rider or addendum on,
or other provision of, a life insurance contract which provides
for payments to an individual upon the insured becoming a
terminally ill individual (as defined in section 101(g)(2) or
having a dread illness (as defined in section 101(g)(3)).''
(2) Definitions of life insurance and modified endowment
contracts.--For purposes of applying section 7702 or 7702A of
the Internal Revenue Code of 1986 to any contract (or
determining whether either such section applies to such
contract), the issuance of a qualified terminal illness or
dread disease rider (as defined in section 818(g)(2) of such
Code) with respect to any contract shall not be treated as a
modification or material change of such contract.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning before, on, or after
December 31, 1989.
(c) Applicants Or Recipients Under Public Assistance Programs Not
To Be Required To Make Election Respecting Accelerated Death Benefits
Under Life Insurance Policies.--
(1) In general.--Part A of title XI of the Social Security
Act (42 U.S.C. 1301 et seq.) is amended by adding at the end
thereof the following new section:
``treatment of accelerated death benefits
``Sec. 1143. (a) In General.--Notwithstanding any other provision
of law, no individual who is an applicant for or recipient of aid or
assistance under a State plan approved under title IV, X, XIV, XVI, or
XIX, of assistance funded by payments under title V or XX, or of
benefits under the Supplemental Security Income program established by
title XVI shall--
``(1) be required, as a condition of eligibility for (or of
continuing to receive) such aid, assistance, or benefits, to
make an election to receive an accelerated death benefit under
a policy of life insurance, or
``(2) by reason of failure to make such an election, be
denied (or suffer a reduction in the amount of) such aid,
assistance, or benefits.
``(b) Accelerated Death Benefit.--For purposes of this section, the
term `accelerated death benefit' means any payment made under the terms
of a life insurance policy, while the insured individual is alive, as a
result of a recalculation of the insured individual's life
expectancy.''
(2) Effective date.--The amendment made by this subsection
shall take effect on January 1, 1990. | Amends the Internal Revenue Code to require that payment under a life insurance contract on the life of an insured who is terminally ill or who has a dread disease be treated as a death benefit, making such payment eligible for tax exclusion from gross income.
Provides that any reference to life insurance shall be treated as referring to a qualified terminal illness or dread disease rider. Provides for the tax treatment of such riders. Describes such a rider as one which provides for payments to an individual upon the insured's becoming terminally ill or having a dread disease.
Provides that applicants for or recipients of assistance under the Social Security Act may not be required to elect to receive accelerated death benefits under life insurance policies. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 with respect to the treatment of accelerated benefits under life insurance contracts."} | 1,958 | 164 | 0.580119 | 1.59168 | 0.749146 | 3.20438 | 12.941606 | 0.89781 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Including Families in Mental Health
Recovery Act of 2015''.
SEC. 2. CLARIFICATION OF CIRCUMSTANCES UNDER WHICH DISCLOSURE OF
PROTECTED HEALTH INFORMATION OF MENTAL ILLNESS PATIENTS
IS PERMITTED.
The HITECH Act (title XIII of division A of Public Law 111-5) is
amended by adding at the end of subtitle D of such Act (42 U.S.C. 17921
et seq.) the following:
``PART 3--IMPROVED PRIVACY AND SECURITY PROVISIONS FOR MENTAL ILLNESS
PATIENTS
``SEC. 13431. CLARIFICATION OF CIRCUMSTANCES UNDER WHICH DISCLOSURE OF
PROTECTED HEALTH INFORMATION IS PERMITTED.
``(a) In General.--Not later than one year after the date of
enactment of the Including Families in Mental Health Recovery Act of
2015, the Secretary shall promulgate final regulations clarifying the
circumstances under which, consistent with the standards governing the
privacy and security of individually identifiable health information
promulgated by the Secretary under sections 262(a) and 264 of the
Health Insurance Portability and Accountability Act of 1996, health
care providers and covered entities may disclose the protected health
information of patients with a mental illness, including for purposes
of--
``(1) communicating with a patient's family, caregivers,
friends, or others involved in the patient's care, including
communication about treatments, side effects, risk factors, and
the availability of community resources;
``(2) communicating with family or caregivers when the
patient is an adult;
``(3) communicating with the parent or caregiver of a
patient who is a minor;
``(4) considering the patient's capacity to agree or object
to the sharing of their information;
``(5) communicating and sharing information with a
patient's family or caregivers when--
``(A) the patient consents; or
``(B) the patient does not consent, but the patient
lacks the capacity to agree or object and the
communication or sharing of information is in the
patient's best interest;
``(6) involving a patient's family members, friends, or
caregivers, or others involved in the patient's care in the
patient's care plan, including treatment and medication
adherence, in dealing with patient failures to adhere to
medication or other therapy;
``(7) listening to or receiving information from family
members or caregivers about their loved ones receiving mental
illness treatment;
``(8) communicating with family members, caregivers, law
enforcement, or others when the patient presents a serious and
imminent threat of harm to self or others; and
``(9) communicating to law enforcement and family members
or caregivers about the admission of a patient to receive care
at a facility or the release of a patient who was admitted to a
facility for an emergency psychiatric hold or involuntary
treatment.
``(b) Coordination.--The Secretary shall carry out this section in
coordination with the Director of the Office for Civil Rights within
the Department of Health and Human Services.
``(c) Consistency With Guidance.--The Secretary shall ensure that
the regulations under this section are consistent with the guidance
entitled `HIPAA Privacy Rule and Sharing Information Related to Mental
Health', issued by the Department of Health and Human Services on
February 20, 2014.''.
SEC. 3. DEVELOPMENT AND DISSEMINATION OF MODEL TRAINING PROGRAMS.
(a) Initial Programs and Materials.--Not later than one year after
promulgating final regulations under section 13431 of the HITECH Act,
as added by section 2, the Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall develop and
disseminate--
(1) a model program and materials for training health care
providers (including physicians, emergency medical personnel,
psychologists, counselors, therapists, behavioral health
facilities and clinics, care managers, and hospitals) regarding
the circumstances under which, consistent with the standards
governing the privacy and security of individually identifiable
health information promulgated by the Secretary under sections
262(a) and 264 of the Health Insurance Portability and
Accountability Act of 1996, the protected health information of
patients with a mental illness may be disclosed with and
without patient consent;
(2) a model program and materials for training lawyers and
others in the legal profession on such circumstances; and
(3) a model program and materials for training patients and
their families regarding their rights to protect and obtain
information under the standards specified in paragraph (1).
(b) Periodic Updates.--The Secretary shall--
(1) periodically review and update the model programs and
materials developed under subsection (a); and
(2) disseminate the updated model programs and materials.
(c) Contents.--The programs and materials developed under
subsection (a) shall address the guidance entitled ``HIPAA Privacy Rule
and Sharing Information Related to Mental Health'', issued by the
Department of Health and Human Services on February 20, 2014.
(d) Coordination.--The Secretary shall carry out this section in
coordination with the Director of the Office for Civil Rights within
the Department of Health and Human Services, the Administrator of the
Substance Abuse and Mental Health Services Administration, the
Administrator of the Health Resources and Services Administration, and
the heads of other relevant agencies within the Department of Health
and Human Services.
(e) Input of Certain Entities.--In developing the model programs
and materials required by subsections (a) and (b), the Secretary shall
solicit the input of relevant national, State, and local associations,
medical societies, and licensing boards.
(f) Funding.--There is authorized to be appropriated to carry out
this section $5,000,000 for fiscal year 2016 and $25,000,000 for the
period of fiscal years 2017 through 2022. | Including Families in Mental Health Recovery Act of 2015 Amends the HITECH Act to direct the Department of Health and Human Services (HHS) to promulgate regulations clarifying the circumstances under which, consistent with the standards governing the privacy and security of individually identifiable health information promulgated under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), health care providers and covered entities may disclose the protected health information of patients with a mental illness, including for purposes of: communicating with a patient's family, friends, or caregivers, including about treatments, side effects, risk factors, and the availability of community resources, with or without patient consent; considering the patient's capacity to agree or object to the sharing of patient information; involving a patient's family members, friends, or caregivers in the patient's care plan in dealing with patient failures to adhere to medication or other therapy; communicating with family members, caregivers, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others; and communicating to law enforcement and family members or caregivers about the admission or release of a patient who was admitted to a facility for an emergency psychiatric hold or involuntary treatment. Requires HHS to: (1) carry out such provisions in coordination with its Office for Civil Rights of HHS; and (2) ensure that the regulations pertaining to such provisions are consistent with the guidance entitled "HIPAA Privacy Rule and Sharing Information Related to Mental Health," issued by HHS on February 20, 2014. Directs HHS to develop and disseminate model programs for: (1) training health care providers regarding the circumstances under which the protected health information of patients with a mental illness may be disclosed, (2) training lawyers and others in the legal profession on such circumstances, and (3) training patients and their families regarding their rights to protect and obtain information. | {"src": "billsum_train", "title": "Including Families in Mental Health Recovery Act of 2015"} | 1,316 | 404 | 0.733527 | 2.346968 | 0.81066 | 5.887978 | 3.221311 | 0.948087 |
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Distribution of judgment funds.
Sec. 104. Definitions.
Sec. 105. General Provisions.
TITLE II--AMENDMENT TO COMMUNITY'S PRIOR JUDGMENT FUND PLANS
Sec. 201. Amendment to plan for use and distribution of funds awarded
in Docket No. 228.
Sec. 202. Amendment to plan for use and distribution of funds awarded
in Docket No. 236-N.
TITLE III--EXPERT ASSISTANCE LOANS
Sec. 301. Waiver of repayment of expert assistance loans to Community,
Oglala Sioux tribe, Pueblo of Santo
Domingo, and Seminole Nation of Oklahoma.
TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION
SEC. 101. SHORT TITLE
This title may be cited as the ``Gila River Indian Community
Judgment Fund Distribution Act of 2002''.
SEC. 102. FINDINGS.
Congress finds the following:
(1) On August 8, 1951, the Gila River Indian Community
filed a complaint before the Indian Claims Commission in Gila
River Pima-Maricopa Indian Community v. United States, Docket
No. 236, for the failure of the United States to carry out its
obligation to protect the Community's use of water from the
Gila River and the Salt River.
(2) All original 14 dockets under Docket No. 236 have been
resolved and funds distributed, except for Docket Nos. 236-C
and 236-D, which remain undistributed.
(3) In Gila River Pima-Maricopa Indian Community v. United
States, 29 Ind. Cl. Comm. 144 (1972), the Indian Claims
Commission held that the United States, as trustee, was liable
to the Community as to the claims made in Docket 236-C.
(4) In Gila River Pima-Maricopa Indian Community v. United
States, 684 F.2d 852 (1982), the United States Court of Claims
held that the United States, as trustee, was liable to the
Community as to the claims made in Docket 236-D.
(5) With the approval of the Community under Community
Resolution GR-98-98, the Community entered into a settlement
with the United States for claims made under Dockets 236-C and
236-D on April 27, 1999, for an aggregate total of $7,000,000.
(6) On May 3, 1999, the United States Court of Federal
Claims ordered that a final judgment be entered in consolidated
Dockets 236-C and 236-D for $7,000,000 in favor of the
Community and against the United States.
(7) On October 6, 1999, the Department of the Treasury
certified the payment of $7,000,000, less attorney fees, to be
deposited into a trust account on behalf of the Community, and
to which such payment was made into a trust account managed by
the Office of Trust Funds Management of the Department of the
Interior.
(8) Pursuant to the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401, et seq.) as amended and
implemented by 25 CFR Part 87, the Secretary is required to
submit an Indian judgment fund use or distribution plan to
Congress for approval.
SEC. 103. DISTRIBUTION OF JUDGMENT FUNDS.
(a) Per Capita Payments.--Notwithstanding any provision of the
Indian Tribal Judgment Funds Use or Distribution Act, or any other law,
regulation, or plan promulgated pursuant thereto, the funds
appropriated on October 6, 1999, in satisfaction of an award granted to
the Gila River Indian Community in Dockets 236-C and 236-D before the
United States Court of Federal Claims, less attorney fees and
litigation expenses, and including all accrued interest shall be
distributed in the form of per capita payments (in sums as equal as
possible) to all eligible enrolled members of the Community.
(b) Preparation of Payment Roll.--The Community shall prepare the
payment roll in accordance with the following criteria:
(1) Subject to eligibility requirements under paragraph
(2), the following individuals shall be eligible to be listed
on the payment roll and eligible to receive a per capita
payment from the Judgment Fund:
(A) All enrolled Community members who are eligible
to be listed on the per capita payment roll that was
approved by the Secretary for the distribution of the
funds awarded to the Community in Docket No. 236-N,
including those who were inadvertently omitted from
such roll.
(B) All enrolled Community members who are living
on the date of enactment of this Act.
(C) All enrolled Community members who have died
after the effective date of the payment plan for Docket
No. 236-N and on or prior to the date of enactment of
this Act.
(2) The following individuals shall be ineligible to be
listed on the payment roll prepared under this Act and
ineligible to receive a per capita payment from the Judgment
Fund:
(A) Any individual who has relinquished membership
with the Community prior to the date the Community
certifies their payment roll for the eligible adult
members under this section.
(B) Any minor who has relinquished membership with
the Community, or whose parent or legal guardian has
relinquished membership on their behalf, prior to the
date that the minor is 18 years of age.
(C) Any individual who has been disenrolled by the
Community for just cause, such as dual enrollment or
failure to meet the eligibility requirements for
enrollment.
(D) Any individual who has been determined or
certified as eligible by the Secretary to receive per
capita payment from any judgment fund that was awarded
to another community, tribe or tribal entity if that
the judgment fund was appropriated on or before the
date of enactment of this Act.
(E) Any individual who has not enrolled as a member
of the Community on or before the 90th day after the
date of the enactment of this Act.
(c) Notice to Secretary.--When the Community has prepared and
approved its payment roll, the Community shall notify the Secretary of
the total number of individuals eligible to share in the per capita
distribution. The total number shall be subdivided into the number of
shares that belong to eligible living adult tribal members, and the
number of shares that belong to deceased individuals, legally
incompetent individuals, and minors.
(d) Information Provided to Secretary.--The Community shall provide
the Secretary with the enrollment information necessary to allow the
Secretary to establish estate accounts for the deceased individuals,
and IIM accounts for legally incompetent individuals and minors.
(e) Disbursement of Funds.--Not later than 30 days after the
payment roll has been approved by the Community and the Community has
reconciled the number of shares that belong in each payment category,
the Secretary shall disburse to the Community the funds necessary to
make the per capita distribution to the eligible living adult tribal
members. Once the funds are disbursed to the Community, the Community
shall be responsible for administering and distributing the funds.
(f) Shares of Deceased Individuals.--The Secretary shall distribute
the per capita shares of deceased individuals to their heirs and
legatees in accordance with existing regulations prescribed by the
Secretary. If a final determination is made that the decedent has no
heirs, the per capita share and the interest earned on that share shall
revert to the Community and be deposited into the Community's general
fund.
(g) Shares of Legally Incompetent Individuals.--The Secretary shall
deposit the shares of legally incompetent individuals into supervised
IIM accounts. These IIM accounts shall be administered pursuant to
existing regulations and procedures established by the Secretary.
(h) Shares of Minors.--The Secretary shall deposit the shares of
minors into supervised IIM accounts. The provisions contained in
section 3(b)(3) of the Indian Tribal Judgment Funds Use and
Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to the minor's
per capita shares held by the Secretary under this Act. The Secretary
shall hold the minor's per capita shares in trust until the minor is 18
years of age. None of the Judgment Funds or the interest earned on
those funds shall be disbursed from the minor's account until the minor
is 18 years of age.
(i) Payment of Eligible Individuals Not Listed on Payment Roll.--An
individual who is not listed on the payment roll, but is eligible to
receive payment, may be paid from any residual principal and interest
funds remaining after the Community has made its per capita
distribution and the IIM accounts have been established. If the
residual Judgment Funds are insufficient to cover the cost of such
payment, the Community may pay the individual from its Community-owned
Funds. The Secretary is authorized to accept and deposit such funds
into an IIM or estate account established for a minor, legal
incompetent, or deceased beneficiary that the Community has identified
as being eligible to receive payment under this section, but who was
not paid from the Judgment Fund. The Secretary shall invest these funds
pursuant to existing statutory authority.
(j) Use of Residual Funds.--Upon request by the Community, any
residual principal and interest funds remaining after the Community has
declared per capita distribution complete shall be disbursed to the
Community and deposited into the Community's general fund.
(k) Nonapplicability of Certain Law.--Notwithstanding any other
provision of law, the Indian Gaming Regulatory Act (25 U.S.C. 2701, et
seq.), shall not apply to Community-owned Funds used by the Community
to cover shortfalls in funding necessary to make payments to
individuals not listed on the payment roll, but eligible to receive
payment as described under subsection (i) of this section.
SEC. 104. DEFINITIONS.
As used in this title:
(1) Adult.--The term ``adult'' means an individual who--
(A) is 18 years of age or older on the date the
payment roll is approved by the Community; or
(B) will reach 18 years of age not later than 30
days after the date that the payment roll is approved
by the Community.
(2) Community.--The term ``Community'' means the Gila River
Indian Community.
(3) Community-owned funds.--The term ``Community-owned
Funds'' means funds currently held in trust by the Secretary
that can be made available to make payments under section 103,
or revenues held by the Community that are derived from
community-owned enterprises.
(4) IIM.--The term ``IIM'' means individual Indian money
account.
(5) Judgment fund.--The term ``Judgment Fund'' means the
funds awarded to the Community by the Court of Federal Claims
in Dockets 236-C and 236-D.
(6) Legal incompetent.--The term ``legal incompetent''
means an individual who has been determined incapable of
managing their own affairs by a court of competent
jurisdiction.
(7) Minor.--The term ``minor'' means an individual who is
less than 18 years of age on the date the payment roll is
approved by the Community, or who will not reach 18 years of
age by the date that is 30 days after the date that the payment
roll is approved by the Community.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 105. GENERAL PROVISIONS.
(a) Responsibility for Funds--After the funds are disbursed to the
Community as provided under section 103(e), the United States and the
Secretary shall no longer have any trust responsibility for the
investment, supervision, administration, or expenditure of that portion
of the Judgment Funds. The funds subject to subsections (f) and (g) of
section 103 shall continue to be held in trust by the Secretary until
disbursed under this Act.
(b) Applicability of Other Law.--All funds distributed under this
Act are subject to the provisions of sections 7 and 8 of Public Law 93-
134 (25 U.S.C. 1407 and 1408, respectively).
TITLE II--AMENDMENT TO COMMUNITY'S PRIOR JUDGMENT FUND PLANS
SEC. 201. AMENDMENT TO PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS
AWARDED IN DOCKET 228.
A judgment fund plan for the funds awarded to the Community in
Docket No. 228 was submitted to Congress under the provisions of the
Act of October 19, 1973 (25 U.S.C. 1401, et seq.). The plan became
effective on August 10, 1986, and was published in the Federal Register
on March 5, 1987 (52 FR 6887). The plan was amended by the Act of
October 16, 1986, Public Law 99-493 (100 Stat. 1241). The plan is
further amended to include the following paragraphs:
``(1) The provisions contained in section 3(b)(3) of the
Indian Tribal Judgment Funds Use and Distribution Act (25
U.S.C. 1403(b)(3)) shall not apply to minors' remaining per
capita shares held by the Secretary under this plan, as of the
date of the enactment of the Gila River Indian Community
Judgment Fund Distribution Act of 2002. The Secretary shall
hold the minors' per capita shares in trust until the minors
reach 18 years of age. None of the judgment funds or the
interest earned on those funds shall be disbursed from the
minors' accounts until the minors reach 18 years of age.
``(2) Upon the request of the Community, any residual
principal and interest funds remaining after the Community has
declared the per capita distribution complete shall be
disbursed to the Community and deposited into the Community's
general fund.''.
SEC. 202. AMENDMENT TO PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS
AWARDED IN DOCKET 236-N.
A judgment fund plan for the funds awarded to the Community in
Docket 236-N was submitted to Congress under the provisions of the Act
of October 19, 1973 (25 U.S.C. 1401 et seq.). The plan became effective
on May 9, 1994, and was published in the Federal Register on June 16,
1994 (59 FR 31092). The ``Per Capita Aspect'' and the ``General
Provisions'' portions of the plan are amended as follows:
(1) Per capita aspect amendments.--The last sentence of the
paragraph that relates to the use of remaining amounts shall be
amended to read as follows: ``Upon request from the Community,
any residual principal and interest funds remaining after the
Community has declared the per capita distribution complete
shall be disbursed to the Community and deposited into the
Community's general fund.''.
(2) General provisions amendments.--The word ``minors''
shall be deleted from the third sentence of the first paragraph
and the following paragraph shall be inserted between the first
and second paragraph:
``The provisions contained in section 3(b)(3) of the Indian
Tribal Judgment Funds Use and Distribution Act (25 U.S.C.
1403(b)(3)) shall not apply to the remaining minors' per capita
shares held by the Secretary under this plan, as of the date of
the enactment of the Gila River Indian Community Judgment Fund
Distribution Act of 2002. The Secretary shall hold the minors'
per capita shares in trust until the minor is 18 years of age.
None of the judgment funds or the interest earned on those
funds shall be disbursed from the minors' account until the
minor is 18 years of age.''.
TITLE III--EXPERT ASSISTANCE LOANS
SEC. 301. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO COMMUNITY;
OGLALA SIOUX TRIBE; PUEBLO OF SANTO DOMINGO; AND SEMINOLE
NATION OF OKLAHOMA.
(a) Gila River Indian Community.--Notwithstanding any other
provision of law, the balance of all outstanding expert assistance
loans made to the Gila River Indian Community under the authority of
Public Law 88-168 (77 Stat. 301), and relating to Gila River Indian
Community v. United States (United States Court of Federal Claims
Docket Nos. 228, 236, and its associated subdockets), are canceled and
the Secretary of the Interior shall take such action as may be
necessary to document such cancellation and to release the Gila River
Indian Community from any liability associated with such loans.
(b) Oglala Sioux Tribe.--Notwithstanding any other provision of
law, the balances of all outstanding expert assistance loans made to
the Oglala Sioux Tribe under the authority of Public Law 88-168 (77
Stat. 301) and relating to Oglala Sioux Tribe v. United States (United
States Court of Federal Claims Docket No. 117 and its associated
subdockets) are canceled and the Secretary of the Interior shall take
such action as may be necessary to document the cancellation and to
release the Oglala Sioux Tribe from any liability associated with those
loans.
(c) Seminole Nation of Oklahoma.--Notwithstanding any other
provision of law, the balances of all outstanding expert assistance
loans made to the Seminole Nation of Oklahoma under the authority of
Public Law 88-168 (77 Stat. 301), and relating to Seminole Nation v.
United States (United States Court of Federal Claims Docket No. 247),
are canceled and the Secretary of the Interior shall take such action
as may be necessary to document the cancellation and to release the
Seminole Nation of Oklahoma from any liability associated with those
loans. | Gila River Indian Community Judgment Fund Distribution Act of 2002 - Requires the per capita distribution of funds paid in settlement of claims made in Docket Nos. 236-C and 236-D, Gila River Pima-Maricopa Indian Community V. Unite States, to enrolled members of the Gila River Indian Community.Requires the Community to prepare a payment role according to specified criteria.Directs the Secretary of the Interior to disburse funds within 30 days after Community approval of the payment roll. Makes special provision for deceased or legally incompetent individuals and minors.Permits payments of eligible individuals not on the roll out of residual funds and Community-owned funds, as specified.Revises the treatment of minors' per capita shares and final disbursement of judgment funds awarded in Dockets 228 and 236-N.Waives repayment of expert assistance loans to the Gila River Indian Community, the Oglala Sioux Tribe, and the Seminole Nation of Oklahoma, as specified. | {"src": "billsum_train", "title": "To provide for the use and distribution of the funds awarded to the Gila River Pima-Maricopa Indian Community under United States Court of Federal claims Docket Nos. 236-C, 236-D, 236-N, and 228, and for other purposes."} | 4,089 | 238 | 0.649123 | 2.255017 | 0.693138 | 3.172414 | 20.201149 | 0.908046 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Commerce Technology
Promotion Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Electronic commerce has been widely embraced by
industry, both in the United States and abroad. The volume of
commerce conducted over the Internet, though almost nonexistent
just a few years ago, is expected to top $1 trillion by 2003,
according to market research reports. Continued growth of this
market is vital to the economy of the United States as well as
the global economy.
(2) United States industries are at the forefront of this
global revolution, continually evolving and innovating to
respond to rapidly changing market needs and conditions.
Agility and flexibility are essential elements in their
abilities to compete and adapt. These are also the elements
required for the electronic commerce market to sustain its
current phenomenal growth rate.
(3) The Federal Government should facilitate the growth of
electronic commerce by allowing the private sector to continue
to take the lead in developing this dynamic global market, and
refraining from undue regulatory measures whenever possible.
The Government should unambiguously support the development of
electronic commerce as a market-driven phenomenon, yet also
signal its strong desire to promote and facilitate the growth
of the electronic commerce market.
(4) An important enabler for global electronic commerce is
the ability of different systems to communicate and exchange
data, referred to as system interoperability. The continued
growth of electronic commerce depends on a fundamental set of
technical standards that enable essential technologies to
interoperate, and on a policy and legal framework that supports
the development that the market demands in a timely manner.
(5) Prompt adoption and deployment of relevant electronic
commerce technologies and systems by Federal agencies allow the
Government to share in the benefits of the electronic commerce
revolution, which can result in reduced cost and increased
efficiency, as well as improved quality.
(6) Usage of the technologies will enable the Government to
participate more directly and effectively as an active
contributor in the collaborative efforts spearheaded by the
private sector to develop the frameworks and standards
necessary for systems and components to interoperate. This has
the added benefit of allowing the Government to intercede as
necessary in a timely manner, either in failure conditions or
to remove barriers erected by foreign governments.
(7) In actively deploying such technologies, the United
States leadership in electronic commerce is strengthened and,
at the same time, establishes a model for other governments and
enables the growth of the global electronic commerce market.
(8) Traditionally, small- and medium-sized enterprises play
a critical role in enhancing the gross domestic product
associated with a growing economic sector. Electronic commerce
technologies have the potential to enable these businesses to
enter the market with lower entry costs and compete more
effectively. The United States Government has an inherent
interest in ensuring that electronic commerce technologies are
deployed widely by these small- and medium-sized businesses so
that they can remain competitive in the global economy.
SEC. 3. DEFINITIONS.
In this Act:
(1) Center.--The term ``Center'' means the Center of
Excellence for Electronic Commerce.
(2) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(3) Interoperability.--The term ``interoperability'' means
the ability of different software systems, applications, and
services to communicate and exchange data in a predictable and
consistent manner.
(4) Interoperability specification.--The term
``interoperability specification'' means the technical
documents developed by formal domestic and international
standard organizations, industry consortia, and any other
informal industry collaborations, for the purpose of creating
interoperable systems and technologies.
(5) Institute.--The term ``Institute'' means the National
Institute of Standards and Technology.
(6) Matrix organization.--The term ``matrix organization''
means an organizational structure that is built based on
coordinating the needed resources and expertise from other
existing functional organizations.
SEC. 4. PURPOSES.
The purposes of this Act are--
(1) to enable the electronic commerce market to continue
its current growth rate and realize its full potential by
supporting the development of relevant standards and
interoperability specifications;
(2) to signal strong support of the electronic commerce
market by promoting the use of electronic commerce technologies
within Federal Government agencies; and
(3) to establish a Center of Excellence in Electronic
Commerce at the National Institute of Standards and Technology,
which will act as a central resource for the Federal
Government, promote the use of electronic commerce
technologies, and represent the Government interest in private
sector collaborative efforts to develop electronic commerce
technologies and interoperability specifications.
SEC. 5. CENTER OF EXCELLENCE FOR ELECTRONIC COMMERCE.
(a) Establishment.--The Director shall establish an office within
the Institute to be known as the Center of Excellence for Electronic
Commerce. The Center shall be organized as a matrix organization built
upon existing expertise and resources at the Institute.
(b) Functions.--The Center shall--
(1) act as the centralized resource of information for
Federal agencies in electronic commerce technologies and
issues;
(2) provide guidance to the Office of Management and Budget
in developing policies pertaining to electronic commerce;
(3) promote the use of electronic commerce technologies
within Federal agencies and small- and medium-sized businesses;
and
(4) ensure that the interests of the United States
Government are appropriately represented at both domestic and
international meetings pertaining to the setting of
interoperability specifications for electronic commerce
technologies.
(c) Activities.--In carrying out subsection (b), the Center shall--
(1) work with all the affected parts of the Institute,
develop a plan for all efforts related to electronic commerce
at the Institute, and coordinate these activities on an ongoing
basis to achieve the stated functions;
(2) coordinate and lead an inter-agency working group to
address issues related to the introduction and deployment of
electronic commerce technologies and systems in the Federal
Government;
(3) develop systems guidelines and reference
implementations for use by Federal agencies which utilize
electronic commerce interoperability specifications, consistent
with section 2(b)(13) of the National Institute of Standards
and Technology Act (15 U.S.C. 272(b)(13)) and section 12(d) of
the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 nt);
(4) advise the Secretary of Commerce upon encountering
abusive uses of standards as barriers to trade or as unfair
commercial practices in the domestic and international arenas
in the areas of electronic commerce; and
(5) lead a coordinated effort with the Department of
Commerce's Manufacturing Extension Program and with the Small
Business Administration, consistent with the respective
agencies' missions, to provide technical assistance to small-
and medium-sized businesses on issues related to the deployment
and use of electronic commerce technologies, including
developing training modules and software toolkits.
SEC. 6. REPORTS.
(a) In General.--Within 6 months after the enactment of this Act,
the Undersecretary of Technology shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Science of the House of Representatives on the following
issues concerning electronic commerce:
(1) Current efforts and activities on electronic commerce
in the Institute.
(2) The current status of deployment of electronic commerce
technologies in the Federal agencies, including any future
plans.
(3) Issues Federal agencies are expected to encounter in
widespread deployment of electronic commerce technologies.
(4) Any legislative revisions to existing Federal programs
necessary to support the advancement of electronic commerce in
both the Federal Government and industry.
(b) Report.--Within 1 year after the date of enactment of this Act,
the Director of the Institute, in collaboration with the inter-agency
working group referred to in section 5(c)(2), shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science of the House of Representatives detailing
the plan, proposed schedule, and associated costs and benefits for the
deployment of electronic commerce technologies in the Federal agencies. | Requires a report from: (1) the Undersecretary of Technology on issues concerning electronic commerce; and (2) the Director detailing the plan, proposed schedule, and associated costs and benefits for the deployment of electronic commerce technologies in Federal agencies. | {"src": "billsum_train", "title": "Electronic Commerce Technology Promotion Act"} | 1,698 | 50 | 0.468656 | 1.298234 | 0.367956 | 5.957447 | 35.489362 | 0.978723 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Families Act''.
SEC. 2. PERMANENT RESIDENT STATUS FOR FAMILY MEMBERS OF MEMBERS OF THE
ARMED FORCES.
(a) In General.--Section 245 of the Immigration and Nationality Act
(8 U.S.C. 1255) is amended by adding at the end the following:
``(n) Adjustment of Status for Immediate Family Members of Members
of the Armed Forces.--
``(1) In general.--The Secretary of Homeland Security shall
adjust the status of an alien described in paragraph (2) to
that of an alien lawfully admitted for permanent residence if
the alien--
``(A) applies for such adjustment;
``(B) is admissible to the United States as an
immigrant, except as provided in paragraph (4); and
``(C) is physically present in the United States.
``(2) Aliens eligible for adjustment of status.--An alien
described in this paragraph is an alien--
``(A) who is a parent, spouse, child, son,
daughter, or the legal guardian of a child of--
``(i) a living Armed Forces member; or
``(ii) a deceased Armed Forces member if--
``(I) the Armed Forces member died
as a result of injury or disease
incurred in, or aggravated by, the
Armed Forces member's service; and
``(II) the alien applies for such
adjustment--
``(aa) if the death of the
Armed Forces member occurred
prior to the date of the
enactment of the Military
Families Act, not later than 2
years after such date of
enactment; or
``(bb) if the death of the
Armed Forces member occurred
after the date of the enactment
of the Military Families Act,
not later than 2 years after
the death of the Armed Forces
member; or
``(B) who is the spouse, child, son, or daughter of
an alien described in subparagraph (A).
``(3) Armed forces member defined.--In this subsection, the
term `Armed Forces member' means an individual who--
``(A) is, or was at the time of the individual's
death described in paragraph (2)(B)(ii)(I), a national
of the United States or lawfully admitted for permanent
residence;
``(B) on or after October 7, 2001, served as a
member of--
``(i) the Armed Forces on active duty;
``(ii) the National Guard; or
``(iii) the Selected Reserve of the Ready
Reserve; and
``(C) if separated from the service described in
subparagraph (B), was separated under honorable
conditions.
``(4) Inapplicability of certain grounds of
inadmissibility.--
``(A) In general.--The provisions of paragraphs
(4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a)
shall not apply to an adjustment of status made
pursuant to this subsection.
``(B) Waiver.--The Secretary of Homeland Security
or the Attorney General, as appropriate, may waive any
other provision of section 212(a) (other than paragraph
(2)(C) and subparagraphs (A), (B), (C), (E), and (F) of
paragraph (3)) with respect to an adjustment of status
made pursuant to this subsection--
``(i) for humanitarian purposes;
``(ii) to assure family unity; or
``(iii) if such waiver is otherwise in the
public interest.
``(5) Fee authority.--The Secretary of Homeland Security or
the Secretary of State, as appropriate, may establish a fee
pursuant to section 9701 of title 31, United States Code, for
the processing of an application for an adjustment of status
made pursuant to this subsection.
``(6) Jurisdiction.--
``(A) Secretary of homeland security.--Except as
provided in subparagraph (B), the Secretary of Homeland
Security shall have exclusive jurisdiction to determine
eligibility for an adjustment of status made pursuant
to this subsection.
``(B) Attorney general.--Notwithstanding paragraph
(1) or subparagraph (A), in cases in which an alien has
been placed into deportation, exclusion, or removal
proceedings, either prior to or after filing an
application for an adjustment of status pursuant to
this subsection, the Attorney General shall have
exclusive jurisdiction and shall assume all the powers
and duties of the Secretary of Homeland Security until
proceedings are terminated, or if a final order of
deportation, exclusion, or removal is entered.''.
(b) Exemption From Direct Numerical Limitations.--Section 201(b)(1)
of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended
by adding at the end the following:
``(F) Aliens provided permanent residence status under
section 245(n).''.
SEC. 3. FILIPINO VETERANS FAMILY REUNIFICATION.
(a) Short Title.--This section may be cited as the ``Filipino
Veterans Family Reunification Act''.
(b) Exception From Direct Numerical Limitations.--Section 201(b)(1)
of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as
amended by section 2(b), is further amended by adding at the end the
following:
``(G) Aliens who--
``(i) are eligible for a visa under paragraph (1)
or (3) of section 203(a); and
``(ii) have a parent (regardless of whether the
parent is living or dead) who was naturalized pursuant
to--
``(I) section 405 of the Immigration Act of
1990 (Public Law 101-649; 8 U.S.C. 1440 note);
or
``(II) title III of the Act of October 14,
1940 (54 Stat. 1137, chapter 876), as added by
section 1001 of the Second War Powers Act, 1942
(56 Stat. 182, chapter 199).''. | Military Families Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to adjust the status of an eligible alien to that of an alien lawfully admitted for permanent residence if the alien: (1) applies for adjustment (with a time limit for an alien applying as a family member of a deceased Armed Forces member), (2) is admissible to the United States as an immigrant, and (3) is physically present in the United States.
Applies such provision to an alien who is: (1) a parent, spouse, child, son, daughter, or the legal guardian of a child of a living Armed Forces member or of a deceased Armed Forces member who died as a result of service-incurred injury or disease; or (2) the spouse, child, son, or daughter of an alien described in clause (1).
Defines "Armed Forces member" as a person who: (1) is, or was at the time of the person's death, a U.S. national or lawfully admitted permanent resident; (2) served honorably on or after October 7, 2001, as a member of the National Guard or the Selected Reserve of the Ready Reserve, or in an active-duty status in the U.S. military; and (3) if separated from service was separated under honorable conditions.
Waives specified grounds of inadmissibility and authorizes the waiver of additional grounds of inadmissibility.
Filipino Veterans Family Reunification Act - Amends the Immigration and Nationality Act to exempt from worldwide or numerical limitations on immigrant visas the sons and daughters of Filipino World War II veterans who were naturalized under the Immigration Act of 1990 or other specified federal law. | {"src": "billsum_train", "title": "A bill to authorize the adjustment of status for immediate family members of individuals who served honorably in the Armed Forces of the United States during the Afghanistan and Iraq conflicts, and for other purposes."} | 1,435 | 378 | 0.684197 | 1.965194 | 0.820245 | 3.630303 | 3.806061 | 0.909091 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Fair Pay Act of
1994''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Fair Labor Standards Act of 1938.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Wage differentials exist between equivalent jobs
segregated by sex, race, and national origin in Government
employment and in industries engaged in commerce or in the
production of goods for commerce:
(2) The existence of such wage differentials--
(A) depresses wages and living standards for
employees necessary for their health and efficiency;
(B) prevents the maximum utilization of the
available labor resources;
(C) tends to cause labor disputes, thereby
burdening, affecting, and obstructing commerce;
(D) burdens commerce and the free flow of goods in
commerce; and
(E) constitutes an unfair method of competition.
(3) Discrimination in hiring and promotion has played a
role in maintaining a segregated work force.
(4) Many women and people of color work in occupations
dominated by individuals of their same sex, race, and national
origin.
(5) In its seminal 1981 report ``Women, Work, and Wages:
Equal Pay for Jobs of Equal Value'' the National Academy of
Sciences Committee on Occupation Classification and Analysis
found that in 1970 jobs dominated by women were paid $27.50
less per year for each additional percentage point female than
equivalent mixed and male-dominated jobs.
(6) A General Accounting Office analysis of wages in the
civil service of the State of Washington found that in 1985 of
the 44 jobs studied that paid less than the average of all
equivalent jobs, approximately 39 percent were female-dominated
and approximately 16 percent were male dominated.
(7) A study of wages in Minnesota using 1990 Decennial
Census data found that 75 percent of the wage differential
between white and non-white workers was unexplained and may be
a result of discrimination.
(8) Section 6(d) of the Fair Labor Standards Act of 1938
prohibits discrimination in compensation for ``equal work'' on
the basis of sex.
(9) Title VII of the Civil Rights Act of 1964 prohibits
discrimination in compensation because of race, color,
religion, national origin, and sex. The United States Supreme
Court, in its decision in County of Washington v. Gunther, 452
U.S. 161 (1981), held that title VII's prohibition against
discrimination in compensation also applies to jobs which do
not constitute ``equal work'' as defined in section 6(d) of the
Fair Labor Standards Act of 1938. Decisions of lower courts,
however, have demonstrated that further clarification of
existing legislation is necessary in order effectively to carry
out the intent of Congress to implement the Supreme Court's
holding in its Gunther decision.
(10) Artificial barriers to the elimination of
discrimination in compensation based upon sex, race, and
national origin continue to exist more than 3 decades after the
passage of section 6(d) of the Fair Labor Standards Act of 1938
and the Civil Rights Act of 1964.
SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.
(a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at
the end the following:
``(g)(1)(A) No employer having employees subject to any provisions
of this section shall discriminate between its employees on the basis
of sex, race, or national origin by paying wages to employees or groups
of employees at a rate less than the rate at which the employer pays
wages to employees or groups of employees of the opposite sex or
different race or national origin for work in equivalent jobs, except
where such payment is made pursuant to a seniority system, a merit
system, or a system which measures earnings by quantity or quality of
production.
``(B) An employer who is paying a wage rate differential in
violation of subparagraph (A) shall not, in order to comply with the
provisions of such subparagraph, reduce the wage rate of any employee.
``(2) No labor organization or its agents representing employees of
an employer having employees subject to any provision of this section
shall cause or attempt to cause such an employer to discriminate
against an employee in violation of paragraph (1)(A).
``(3) For purposes of administration and enforcement of this
subsection, any amounts owing to any employee which have been withheld
in violation of paragraph (1)(A) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation under this section or section 7.
``(4) As used in this subsection:
``(A) The term `labor organization' means any organization
of any kind, or any agency or employee representation committee
or plan, in which employees participate and which exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
``(B) The term `equivalent jobs' means jobs that may be
dissimilar, but whose requirements are equivalent, when viewed
as a composite of skills, effort, responsibility, and working
conditions.''.
(b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is
amended in the matter before paragraph (1) by striking ``section 6(d)''
and inserting ``sections 6(d) and 6(g)''.
SEC. 4. PROHIBITED ACTS.
Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period
at the end of paragraph (5) and inserting a semicolon and by adding
after paragraph (5) the following:
``(6) to discriminate against any individual because such
individual has opposed any act or practice made unlawful by
section 6(g) or because such individual made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under section 6(g); or
``(7) to discharge or in any other manner discriminate
against, coerce, intimidate, threaten, or interfere with any
employee or any other person because the employee inquired
about, disclosed, compared, or otherwise discussed the
employee's wages or the wages of any other employee, or because
the employee exercised, enjoyed, aided, or encouraged any other
person to exercise or enjoy any right granted or protected by
section 6(g).''.
SEC. 5. REMEDIES.
Section 16 (29 U.S.C. 216) is amended--
(1) by adding at the end the following:
``(f) In any action brought under this section for violation of
section 6(g), the court shall, in addition to any other remedies
awarded to the prevailing plaintiff or plaintiffs, allow expert fees as
part of the costs. Any such action may be maintained as a class action
as provided by the Federal Rules of Civil Procedure.'';
(2) in subsection (b), by striking ``section 15(a)(3)''
each place it occurs and inserting ``paragraphs (3), (6), and
(7) of section 15(a)''; and
(3) in the fourth sentence of subsection (b), by striking
``No employees'' and inserting ``Except with respect to class
actions brought under subsection (f), no employees''.
SEC. 6. RECORDS.
Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)''
after ``(c)'' and by adding at the end the following:
``(2)(A) Every employer subject to section 6(g) shall preserve
records which document and support the method, system, calculations,
and other bases used by the employer in establishing, adjusting, and
determining the wages paid to the employees of the employer. Every
employer subject to section 6(g) shall preserve such records for such
periods of time and shall make such reports therefrom to the Equal
Employment Opportunity Commission as shall be prescribed by the Equal
Employment Opportunity Commission by regulation or order as necessary
or appropriate for the enforcement of the provisions of section 6(g) or
any regulations promulgated thereunder.
``(B) Every employer subject to section 6(g) shall file annually
with the Equal Employment Opportunity Commission a report signed by its
president, treasurer, or corresponding principal officer containing
information in such detail as may be necessary accurately to disclose
the wage or salary rates paid to each classification, position, job
title, or other wage or salary group of employees employed by the
employer, as well as the sex, race, and national origin of employees at
each wage or salary level in each classification, position, job title,
or other wage or salary group. The report shall not list the name of
any individual employee.
``(C) Every employer required to submit a report under subparagraph
(B) shall make available to all of its employees the information
required to be contained in such report.
``(D) The contents of the reports filed with the Equal Employment
Opportunity Commission pursuant to subparagraph (B) shall be public
information, and the Equal Employment Opportunity Commission may
publish any information and data which it obtains pursuant to the
provisions of subparagraph (B). The Equal Employment Opportunity
Commission may use the information and data for statistical and
research purposes, and compile and publish such studies, analyses,
reports, and surveys based thereon as it may deem appropriate.
``(E) The Equal Employment Opportunity Commission shall by
regulation make reasonable provision for the inspection and examination
by any person of the information and data contained in any report filed
with it pursuant to subparagraph (B).
``(F) The Equal Employment Opportunity Commission shall by
regulation provide for the furnishing of copies of reports filed with
it pursuant to subparagraph (B) to any person upon payment of a charge
based upon the cost of the service.
``(G) The Equal Employment Opportunity Commission shall issue rules
and regulations prescribing the form and content of reports required to
be filed under subparagraph (B) and such other reasonable rules and
regulations as it may find necessary to prevent the circumvention or
evasion of such reporting requirements. In exercising its authority
under subparagraph (B), the Equal Employment Opportunity Commission may
prescribe by general rule simplified reports for employers for whom it
finds that by virtue of their size a detailed report would be unduly
burdensome.''.
SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT
TO CONGRESS.
Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the
following:
``(4) The Equal Employment Opportunity Commission shall undertake
studies and provide information and technical assistance to employers,
labor organizations, and the general public concerning effective means
available to implement the provisions of section 6(g) prohibiting wage
discrimination between employees performing work in equivalent jobs on
the basis of sex, race, or national origin. Such studies, information,
and technical assistance shall be based upon and include reference to
the declared policy of such section to eliminate such discrimination.
In order to achieve the purposes of such section, the Equal Employment
Opportunity Commission shall further carry on a continuing program of
research, education, and technical assistance including--
``(A) undertaking and promoting research with the intent of
developing means to expeditiously correct the conditions
leading to section 6(g);
``(B) publishing and otherwise making available to
employers, labor organizations, professional associations,
educational institutions, the various media of communication,
and the general public the findings of studies and other
materials for promoting compliance with section 6(g);
``(C) sponsoring and assisting State and community
informational and educational programs; and
``(D) providing technical assistance to employers, labor
organizations, professional associations and other interested
persons on means of achieving and maintaining compliance with
the provisions of section 6(g).
``(5) The report submitted annually by the Equal Employment
Opportunity Commission to Congress pursuant to paragraph (1) shall
include a separate evaluation and appraisal regarding the
implementation of section 6(g).''.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon the
expiration of one year from the date of its enactment. | Fair Pay Act of 1994 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in payment of wages on the basis of sex, race, or national origin.
Requires such nondiscriminatory equal pay for equivalent jobs with the same employer, unless the differential payment is made pursuant to a system of seniority, merit, or production quality or quantity based earnings.
Prohibits discrimination against an employee for exercising rights under this Act.
Directs the court, in actions brought for violations of this Act, to allow expert fees as part of the costs, in addition to any other remedies awarded to prevailing plaintiffs. Allows such actions to be maintained as class actions.
Requires employers to keep records and file annual reports with the Equal Employment Opportunity Commission (EEOC) necessary for enforcement of this Act. Provides that such reports' contents shall be public information.
Directs the EEOC to carry out a research, education, and technical assistance program for employers, labor organizations, and the general public concerning effective means available to implement this Act. | {"src": "billsum_train", "title": "Fair Pay Act of 1994"} | 2,723 | 231 | 0.462077 | 1.31993 | 0.766887 | 3.183168 | 12.816832 | 0.915842 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Lives, Saving Costs Act''.
SEC. 2. PURPOSES.
The purposes of this Act are:
(1) To offer physicians who document adherence to certain
evidence-based clinical-practice guidelines, and, when
applicable, appropriate use criteria, a safe harbor from
medical-malpractice litigation.
(2) To reduce the practice of defensive medicine and
resulting health care costs.
(3) To increase adherence to evidence-based clinical
practice guidelines to reduce clinical variation in health care
practice.
(4) To improve quality of care and patient safety.
(5) To permit organizations with relevant expertise to
participate in the selection of clinical practice guidelines.
(6) To permit professionals with relevant expertise to
participate and benefit from liability reform.
SEC. 3. REQUIREMENTS FOR SELECTION OF CLINICAL PRACTICE GUIDELINES.
(a) Selection.--Not later than 6 months after the date of enactment
of this Act, eligible professional organizations that have established,
published, maintained and updated on a regular basis, clinical practice
guidelines, including when applicable, appropriate use criteria, that
incorporate best practices, shall submit to the Secretary those
guidelines. Not later than 6 months after that submission date, the
Secretary shall select and designate one or more of those eligible
professional organizations to provide and maintain such clinical
practice guidelines on behalf of the Secretary. To this end, not more
than 6 months after designating each such eligible professional
organization, the Secretary shall enter into an agreement with each
such eligible professional organization for maintenance and updating of
such clinical practice guidelines.
(b) Maintenance.--
(1) Periodic review.--Not later than 5 years after
publication of guidelines, and every five years thereafter, the
Secretary shall review the clinical practice guidelines and
shall, as necessary, enter into agreements with eligible
professional organizations.
(2) Update by eligible professional organization.--An
eligible professional organization that collaborated in the
establishment of a clinical practice guideline may submit
amendments to that clinical practice guideline at any time to
the Secretary, who shall review the amendments.
(3) Notification required for certain updates.--In the case
of an amendment under paragraph (2) that adds, materially
changes, or removes a guideline from a set of guidelines, such
update shall not apply under this subsection unless
notification of such update is made available to applicable
eligible professionals.
SEC. 4. DEVELOPMENT.
(a) Guideline Standards.--To the extent possible, the development
of clinical practice guidelines should be guided by the Institute of
Medicine's Standards for Developing Trustworthy Guidelines and should--
(1) be developed through a transparent process that
minimizes conflicts of interest;
(2) be developed by a knowledgeable, multidisciplinary
panel of experts and representatives from key affected groups;
(3) take into consideration important patient subgroups and
patient preferences as appropriate;
(4) be based on a systematic review of the existing
evidence;
(5) provide a clear explanation of the relationship between
care options and health outcomes;
(6) provide ratings of both the quality of evidence and
strength of recommendation;
(7) be reconsidered and revised when new evidence emerges;
and
(8) clearly identify any exceptions to the application of
the clinical practice guideline.
(b) Required Disclosures From Eligible Professional
Organizations.--Any person who is affiliated with an eligible
professional organization and who directly participated in the creation
of a clinical practice guideline shall disclose any conflicts of
interest pertaining to the development of the clinical practice
guideline, including any conflict of interest pertaining to any
instrument, medicine, drug, or any other substance, device, or means
included in the clinical practice guideline. Disclosures by eligible
professional organizations shall be made promptly, upon submission of
the guidelines, and during every review of the guidelines, to the
Secretary. Disclosures shall additionally include the following:
(1) Scientific methodology and evidence that supports
clinical practice guidelines.
(2) Outside collaborators.
(3) Endorsements.
SEC. 5. INTERNET PUBLICATION OF GUIDELINES.
The Secretary of Health and Human Services shall publish all
clinical practice guidelines on the Internet through the National
Guideline Clearinghouse or other appropriate sites or sources,
including all data and methodology used in the development and
selection of the guidelines in compliance with data disclosure
standards in the Health Insurance Portability and Accountability Act of
1996.
SEC. 6. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.
(a) Limitation.--This Act shall not preempt or supersede any State
or Federal law that imposes greater procedural or substantive
protections for health care providers and health care organizations
from liability, loss, or damages than those provided by this title or
create a cause of action.
(b) State Flexibility.--No provision of this Act shall be construed
to preempt any defense available to a party in a health care liability
action under any other provision of State or Federal law.
SEC. 7. RIGHT OF REMOVAL.
Section 1441 of title 28, United States Code, is amended by adding
at the end the following:
``(g) Certain Actions Against Medical Professionals.--(1) Any
health care liability action brought in a State court against an
applicable eligible professional or health care provider may be removed
by any defendant or the defendants to the district court of the United
States for the district and division embracing the place where such
action is pending.
``(2) For purposes of this subsection the terms `applicable
eligible professional', `health care provider', `health care liability
action', and `health care liability claim' have the meaning given such
term in section 10 of the Saving Lives, Saving Costs Act of 2014.''.
SEC. 8. MANDATORY REVIEW BY INDEPENDENT MEDICAL REVIEW PANEL.
(a) In General.--If, in any health care liability action against an
applicable eligible professional, the applicable eligible professional
alleges, in any response to the claimant's filing, that the applicable
eligible professional adhered to an applicable clinical practice
guideline in the provision of health care goods or services to the
claimant, then the court shall suspend further proceedings on the
health care liability action prior to discovery proceedings, until the
completion of a review of the action by an independent medical review
panel.
(b) Independent Medical Review Panel.--
(1) Composition.--An independent medical review panel under
this section shall be composed of 3 members who are experts in
the relevant field of clinical practice.
(2) Requirements for member eligibility.--To be eligible to
serve on an independent medical review panel, a member shall--
(A) be an experienced physician certified by a
board recognized by the American Board of Medical
Specialties;
(B) not earlier than 2 years prior to the date of
selection to the board, have been in active medical
practice or devoted a substantial portion of his or her
time to teaching at an accredited medical school, or
have been engaged in university-based research in
relation to the medical care and type of treatment at
issue; and
(C) be approved by his or her specialty society.
When possible, members should be from the region where the case
in question originates to account for geographical practice
variation.
(3) No civil liability for members.--No civil action shall
be brought in any court against any member for any act done,
failure to act, or statement or opinion made, within the scope
of his or her duties as a member of the independent medical
review panel.
(4) Considerations in making determinations.--The members
of the independent medical review panel shall acknowledge the
ability of physicians to depart from the recommendations in
clinical practice guidelines, when appropriate, in the care of
individual patients.
(5) Selection of members.--Each member of the panel shall
be jointly selected by the parties. A member whose selection
one party does not concur in may not serve on the panel, except
that, if, not later than 30 days after a response to the health
care liability action is filed, 3 members have not been
selected by the parties, the court shall appoint any remaining
members.
(6) Compensation of members.--The costs of compensation to
the members of the panel shall be split between the parties
equally, unless otherwise agreed to by the parties.
(c) Terms of Review.--A review by an independent medical review
panel under this section shall comply with the following:
(1) Standard of conduct.--The mandatory independent medical
review panel that is charged with the responsibility of making
a preliminary finding as to liability of the defendant
applicable eligible professional shall deem the prescribed
clinical practice guidelines as the standard of conduct, care,
and skill expected of members of the medical profession engaged
in the defendant's field of practice under the same or similar
circumstances.
(2) Record for review.--The review panel shall make a
preliminary finding based solely upon the pre-discovery
evidence submitted to it pursuant to Rule 26 of the Federal
Rules of Civil Procedure and the applicable prescribed clinical
practice guidelines.
(3) Limitation.--The review panel shall not make a finding
of negligence from the mere fact that a treatment or procedure
was unsuccessful, failed to bring the best result or that the
patient died.
(4) Use at trial of work product of review panel.--No
preliminary finding by the review panel that the defendant
applicable eligible professional breached the standard of care
as set forth under the prescribed clinical practice guidelines
shall constitute negligence per se or conclusive evidence of
liability. However, said findings, opinions and conclusions of
the review panel shall be admissible as evidence in any and all
subsequent proceedings before the court, including for purposes
of motions for summary judgment and at trial.
(d) Results of Review.--
(1) In general.--Not later than 60 days after all members
of the panel have been selected, the panel shall complete a
review of the record of the liability action and shall make a
finding under this subsection.
(2) Finding described.--A finding under this subsection
shall include the following:
(A) A determination of whether or not there are any
applicable clinical practice guidelines to the health
care liability action that substantively pertains to
the injury suffered by the claimant.
(B) If the applicable eligible professional has
alleged adherence to any such guideline.
(C) If the applicable eligible professional did
adhere to any such guideline.
(D) Whether there is a reasonable probability
that--
(i) the applicable eligible professional
violated the applicable standard of care;
(ii) that violation proximately caused the
claimant's alleged injury; and
(iii) the claimant suffered damages as a
result of the injury.
(3) Use at trial.--The finding under this subsection may be
received into evidence by the court. If the panel made any
finding under paragraph (2)(D) that there was no reasonable
probability, the court may issue a summary judgment in favor of
the applicable eligible professional unless the claimant is
able to show otherwise by clear and convincing evidence. If the
panel made a finding under subparagraphs (A) through (C) that
there was an applicable clinical practice guideline that the
defendant adhered to, the court shall issue summary judgment in
favor of the applicable eligible professional unless the
claimant is able to show otherwise by clear and convincing
evidence. Any preliminary finding that the defendant applicable
eligible professional did not breach the standard of care as
set forth under the prescribed medical practice guidelines or
that the defendant applicable eligible professional's failure
to conform to the required standard was neither the cause in
fact nor the proximate cause of the plaintiff's injury or that
the plaintiff did not incur any damages as a result shall be
given deference by the court and shall entitle the defendant
applicable eligible professional to summary judgment unless the
plaintiff is able to show by clear and convincing evidence that
the independent medical review panel was in error and that
there is a genuine issue as to a material fact in the case.
SEC. 9. RECOVERY OF COSTS.
If the defendant applicable eligible professional prevails
subsequent to a preliminary finding in his or her favor by the
independent medical review panel, the defendant may recover costs and
attorneys' fees from the plaintiff.
SEC. 10. DEFINITIONS.
In this Act:
(1) Applicable eligible professional.--The term
``applicable eligible professional'' means physicians
practicing within clinical practice guidelines submitted by an
eligible professional organization and includes employees and
agents of a physician.
(2) Appropriate use criteria.--The term ``appropriate use
criteria'' means established evidence-based guidelines
developed or endorsed by an eligible professional organization
that specify when the health benefits of a procedure or service
exceed the expected health risks by a significantly wide
margin.
(3) Clinical practice guideline.--The term ``clinical
practice guideline'' means systematically developed statements
based on the review of clinical evidence for assisting a health
care provider to determine the appropriate health care in
specific clinical circumstances.
(4) Eligible professional organization.--The term
``eligible professional organization'' means a national or
State medical society or medical specialty society.
(5) Federal payor.--The term ``Federal payor'' includes
reimbursements made under the Medicare program under title
XVIII of the Social Security Act or the Medicaid program under
title XIX of the Social Security Act, premium tax credits under
section 36B of the Internal Revenue Code of 1986 or cost-
sharing reductions under section 1402 of the Patient Protection
and Affordable Care Act, or medical screenings, treatments, or
transfer services provided pursuant to section 1867 of the
Social Security Act is not made by the individual or any non-
Federal third party on behalf of the individual.
(6) Health care goods or services.--The term ``health care
goods or services'' means any goods or services provided by a
health care organization, provider, or by any individual
working under the supervision of a health care provider, that
relates to the diagnosis, prevention, or treatment of any human
disease or impairment, or the assessment or care of the health
of human beings.
(7) Health care liability action.--The term ``health care
liability action'' means a civil action against a health care
provider or a health care organization, regardless of the
theory of liability on which the claim is based, or the number
of plaintiffs, defendants, or other parties, or the number of
causes of action, in which the claimant alleges a health care
liability claim.
(8) Health care liability claim.--The term ``health care
liability claim'' means a claim by any person against a health
care provider or a health care organization which is based upon
the provision of, use of, or payment for (or the failure to
provide, use, or pay for) health care goods services for which
at least partial payment was made by a Federal payor or which
was mandated by Federal law, regardless of the theory of
liability on which the claim is based.
(9) Health care organization.--The term ``health care
organization'' means any person or entity which is obligated to
provide or pay for health benefits under any health plan,
including any person or entity acting under a contract or
arrangement with a health care organization to provide or
administer any health benefit.
(10) Health care provider.--The term ``health care
provider'' means any person or entity required by State or
Federal laws or regulations to be licensed, registered, or
certified to provide health care services, and being either so
licensed, registered, or certified, or exempted from such
requirement by other statute or regulation.
(11) Performance period.--The term ``performance period''
means the period of time during which the final rule
establishing a clinical practice guideline is in effect.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Saving Lives, Saving Costs Act - Establishes a framework for health care liability lawsuits to undergo review by independent medical review panels if health care professionals (practicing physicians or their agents or employees) allege adherence to applicable clinical practice guidelines in the provision of health care goods or services. Requires the Secretary of Health and Human Services (HHS) to publish clinical practice guidelines that have been provided and maintained by national or state medical societies or medical specialty societies designated by the Secretary. Sets forth standards for the development of guidelines, including related to transparency, the composition of the panel, and the review of existing evidence. Declares that this Act does not preempt or supersede any state or federal law that imposes greater procedural or substantive protections for health care providers and health care organizations from liability, loss, or damages than those provided under this Act nor does it create a cause of action or preempt any defenses otherwise available. Allows a defendant to remove any health care liability action brought in a state court to a district court. Requires an independent medical review in health care liability actions if the eligible professionals allege that they adhered to applicable clinical practice guideline. Sets forth procedures for the use of the panel's findings at trial. Enables defendants to recover costs and attorneys' fees from plaintiffs if the defendants prevail subsequent to preliminary findings in their favor. | {"src": "billsum_train", "title": "Saving Lives, Saving Costs Act"} | 3,394 | 303 | 0.521282 | 1.595739 | 0.728078 | 3.4 | 12.752941 | 0.890196 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Fairness Act of 1999.''
SEC. 2. RELIEF FROM INJURY.
(a) Test for Positive Adjustment to Import Competition.--Section
201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended by
striking ``substantial''.
(b) Investigations and Determinations.--Section 202 of such Act (19
U.S.C. 2252) is amended--
(1) in subsection (b)(1)(A), by striking ``substantial'';
(2) by amending subsection (b)(1)(B) to read as follows:
``(B) Imports shall be considered to be a `cause of serious
injury, or the threat thereof,' if a causal link is established
between imports and injury to the domestic industry.'';
(3) by amending subsection (c)(1)(A) to read as follows:
``(A) with respect to serious injury--
``(i) the rate and amount of the increase
in imports of the product concerned in absolute
and relative terms;
``(ii) the share of the domestic market
taken by increased imports;
``(iii) changes in the level of sales;
``(iv) production;
``(v) productivity;
``(vi) capacity utilization;
``(vii) profits and losses; and
``(viii) employment.'';
(4) in subsection (c)(1)(C), by striking ``with respect to
substantial cause'' and inserting ``with respect to whether
there is a causal link between imports and serious injury'';
and
(5) in subsection (c)(3), by striking ``substantial''.
(c) Action Regarding ITC Investigation of Injury.--Section 264(c)
of the Trade Act of 1974 (19 U.S.C. 2354(c)) is amended by striking
``substantial''.
SEC. 3. STEEL IMPORT PERMIT AND MONITORING PROGRAM.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary of Commerce, in consultation with the
Secretary of the Treasury, shall establish and implement a steel import
permit and monitoring program. The program shall include a requirement
that any person importing a product classified under chapter 72 or 73
of the Harmonized Tariff Schedule of the United States obtain an import
permit before such products are entered into the United States.
(b) Steel Import Permits.--
(1) In general.--In order to obtain a steel import permit,
an importer shall submit to the Secretary of Commerce an
application containing--
(A) the importer's name and address;
(B) the name and address of the supplier of the
goods to be imported;
(C) the name and address of the producer of the
goods to be imported;
(D) the country of origin of the goods;
(E) the country from which the goods are to be
imported;
(F) the United States Customs port of entry where
the goods will be entered;
(G) the expected date of entry of the goods into
the United States;
(H) a description of the goods, including the
classification of such goods under the Harmonized
Tariff Schedule of the United States;
(I) the quantity (in kilograms and net tons) of the
goods to be imported;
(J) the cost insurance freight (CIF) and free
alongside ship (FAS) values of the goods to be entered;
(K) whether the goods are being entered for
consumption or for entry into a bonded warehouse or
foreign trade zone;
(L) a certification that the information furnished
in the permit application is correct; and
(M) any other information the Secretary of Commerce
determines to be necessary and appropriate.
(2) Entry into customs territory.--In the case of
merchandise classified under chapter 72 or 73 of the Harmonized
Tariff Schedule of the United States that is initially entered
into a bonded warehouse or foreign trade zone, a steel import
permit shall be required before the merchandise is entered into
the customs territory of the United States.
(3) Issuance of permit.--The Secretary of Commerce shall
issue a steel import permit to any person who files an
application that meets the requirements of this section. Such
permit shall be valid for a period of 30 days from the date of
issuance.
(c) Statistical Information.--
(1) In general.-- The Secretary of Commerce shall compile
and publish on a weekly basis information described in
paragraph (2).
(2) Information described.--Information described in this
paragraph means information obtained from steel import permit
applications concerning steel imported into the United States
and includes with respect to such imports the Harmonized Tariff
Schedule of the United States classification (to the tenth
digit), the country of origin, the port of entry, quantity,
value of steel imported, and whether the imports are entered
for consumption or are entered into a bonded warehouse or
foreign trade zone. Such information shall also be compiled in
aggregate form and made publicly available by the Secretary of
Commerce on a weekly basis by public posting through an
Internet website. The information provided under this section
shall be in addition to any information otherwise required by
law.
(d) Fees.--The Secretary of Commerce may prescribe reasonable fees
and charges to defray the costs of carrying out the provisions of this
section, including a fee for issuing a permit under this section.
(e) Single Producer and Exporter Countries.--Notwithstanding any
other provision of law, the Secretary of Commerce shall make publicly
available all information required to be released pursuant to
subsection (c), including information obtained regarding imports from a
foreign producer or exporter that is the only producer or exporter of
goods subject to this section from a foreign country.
(f) Regulations.--The Secretary of Commerce may prescribe such
rules and regulations relating to the steel import permit and
monitoring program as may be necessary to carry the provisions of this
section. | Revises certain factors the International Trade Commission must consider when investigating to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury (or threat) to the domestic industry producing an article like or directly competitive with the imported article. Repeals, similarly, the requirement that such injury be substantial.
Declares that imports shall be considered to be a "cause of serious injury, or threat thereof," if a causal link is established between imports and injury to the domestic industry.
Directs the Secretary of Commerce to establish and implement a steel import permit and monitoring program. Requires: (1) a person to have a steel import permit before he or she can import certain steel products into the United States; and (2) the Secretary to issue such permit to any person who files an application that meets specified requirements. Requires the Secretary to compile and publish certain information with respect to such imported steel. | {"src": "billsum_train", "title": "Trade Fairness Act of 1999"} | 1,344 | 206 | 0.572787 | 1.619313 | 0.730062 | 2.757895 | 6.463158 | 0.810526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Poverty Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) More than one billion people worldwide live on less
than $1 per day, and another 1.6 billion people struggle to
survive on less than $2 per day, according to the World Bank.
(2) At the United Nations Millennium Summit in 2000, the
United States joined more than 180 other countries in
committing to work toward goals to improve life for the world's
poorest people by 2015.
(3) Such goals include reducing by one-half the proportion
of people worldwide, between 1990 and 2015, that live on less
than $1 per day, cutting in half the proportion of people
suffering from hunger and unable to access safe drinking water
and sanitation, reducing child mortality by two-thirds,
ensuring basic education for all children, and reversing the
spread of HIV/AIDS and malaria, while sustaining the
environment upon which human life depends.
(4) On March 22, 2002, President George W. Bush stated:
``We fight against poverty because hope is an answer to terror.
We fight against poverty because opportunity is a fundamental
right to human dignity. We fight against poverty because faith
requires it and conscience demands it. We fight against poverty
with a growing conviction that major progress is within our
reach.''.
(5) The 2002 National Security Strategy of the United
States notes: ``[A] world where some live in comfort and
plenty, while half of the human race lives on less than $2 per
day, is neither just nor stable. Including all of the world's
poor in an expanding circle of development and opportunity is a
moral imperative and one of the top priorities of U.S.
international policy.''.
(6) The bipartisan Final Report of the National Commission
on Terrorist Attacks Upon the United States recommends: ``A
comprehensive U.S. strategy to counter terrorism should include
economic policies that encourage development, more open
societies, and opportunities for people to improve the lives of
their families and enhance prospects for their children.''.
(7) At the summit of the Group of Eight (G-8) nations in
July 2005, leaders from all eight countries committed to
increase aid to Africa from the current $25 billion annually to
$50 billion by 2010, and to cancel 100 percent of the debt
obligations owed to the World Bank, African Development Bank,
and International Monetary Fund by 18 of the world's poorest
nations.
(8) The United States has recognized the need for increased
financial and technical assistance to countries burdened by
extreme poverty, as well as the need for strengthened economic
and trade opportunities for those countries, through
significant initiatives in recent years, including the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003, the Millennium Challenge Act of 2003, the Heavily
Indebted Poor Countries Initiative, and trade preference
programs for developing countries, such as the African Growth
and Opportunity Act.
SEC. 3. DECLARATION OF POLICY.
It is a major priority of United States foreign policy to vastly
reduce global poverty and to eliminate extreme poverty in developing
countries.
SEC. 4. REQUIREMENT TO DEVELOP COMPREHENSIVE STRATEGY.
(a) Strategy.--The President, acting through the Administrator of
the United States Agency for International Development, and in
consultation with the heads of other appropriate departments and
agencies of the Government of the United States, international
organizations, international financial institutions, recipient
governments, United States and international nongovernmental
organizations, civil society organizations, and other appropriate
entities, shall develop and implement a comprehensive strategy to
further the United States foreign policy objective of vastly reducing
global poverty and eliminating extreme global poverty.
(b) Contents.--The strategy required by subsection (a) shall
include, but not be limited to, the following:
(1) Specific and measurable goals, benchmarks, and
timetables to achieve the global poverty reduction objectives
described in subsection (a).
(2) An explanation of how these goals, benchmarks, and
timetables will enable the United States to fulfill its
commitment to help achieve the internationally recognized goal
of reducing by one-half the proportion of people worldwide,
between 1990 and 2015, who live on less than $1 per day.
(c) Guidelines.--The strategy required by subsection (a) should
adhere to the following guidelines:
(1) Continued investment in existing United States
initiatives related to international poverty reduction, such as
the United States Leadership Against HIV/AIDS, Tuberculosis,
and Malaria Act of 2003, the Millennium Challenge Act of 2003,
the Heavily Indebted Poor Countries Initiative, and trade
preference programs for developing countries, such as the
African Growth and Opportunity Act.
(2) Increasing overall United States development assistance
levels while at the same time improving the effectiveness of
such assistance.
(3) Enhancing and expanding debt relief.
(4) Leveraging United States trade policy where possible to
enhance economic development prospects for developing
countries.
(5) Coordinating efforts and working in cooperation with
developed and developing countries, international
organizations, and international financial institutions.
(6) Mobilizing and leveraging the participation of
businesses, United States and international nongovernmental
organizations, civil society, and public-private partnerships.
(7) Coordinating the goal of poverty reduction with other
development goals, such as combating the spread of preventable
diseases such as HIV/AIDS, tuberculosis, and malaria,
increasing access to potable water and basic sanitation, and
reducing hunger and malnutrition.
(8) Integrating principles of sustainable development into
policies and programs.
(d) Reports.--
(1) Initial report.--Not later than one year after the date
of the enactment of this Act, the President, acting through
Administrator of the United States Agency for International
Development, shall transmit to the appropriate congressional
committees a report that describes the strategy required by
subsection (a).
(2) Subsequent reports.--Not less than once every year
after the submission of the initial report under paragraph (1)
until 2015, the President shall transmit to the appropriate
congressional committees a report on the status of the
implementation of the strategy, progress made in achieving the
global poverty reduction objectives described in subsection
(a), and any changes to the strategy since the date of the
submission of the last report.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Extreme global poverty.--The term ``extreme global
poverty'' refers to the conditions in which individuals live on
less than $1 per day, adjusted for purchasing power parity in
1993 United States dollars, according to World Bank statistics.
(3) Global poverty.--The term ``global poverty'' refers to
the conditions in which individuals live on less than $2 per
day, adjusted for purchasing power parity in 1993 United States
dollars, according to World Bank statistics. | Global Poverty Act of 2005 - States that a major priority of U.S. foreign policy is to vastly reduce global poverty and to eliminate extreme poverty in developing countries.
Directs the President to develop and implement a comprehensive strategy to further such policy. | {"src": "billsum_train", "title": "To require the President to develop and implement a comprehensive strategy to further the United States foreign policy objective of vastly reducing global poverty and eliminating extreme global poverty, to require periodic reports on the progress toward implementation of the strategy, and for other purposes."} | 1,516 | 56 | 0.403169 | 1.106313 | 0.998753 | 4.630435 | 32.565217 | 0.978261 |
SECTION 1. FINDING.
Congress finds that it is in the public interest to eliminate
expensive and contentious disputes between the Secretary and permittees
by conveying, for fair market value, certain federally owned land in
the Lake Roosevelt National Recreation Area, Washington.
SEC. 2. PURPOSE.
The purpose of this Act is to establish terms and conditions under
which the Secretary shall convey, for fair market value (less the
improvements), certain Federal land in the Lake Roosevelt National
Recreation Area, Washington.
SEC. 3. DEFINITIONS.
In this Act:
(1) Permittee.--The term ``permittee''--
(A) means a person who, on the date of the
enactment of this Act, holds a valid permit for use of
a Property; and
(B) includes the permittee's heirs, executors, and
assigns of that permittee's interest.
(2) Property.--The term ``Property'' means Federal land
(including improvements) associated by permit with one of 25
private cabins on 26 vacation sites located along Sherman Creek
and Rickey Point in the Lake Roosevelt National Recreation
Area.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. SALE OF PROPERTIES.
(a) Timing; Purchaser To Extend Option To Purchase.--
(1) In general.--The Secretary shall give the permittee of
a Property the first option to purchase that Property for fair
market value (less the value of all permittee improvements) as
determined under subsection (d). The Secretary shall convey the
Property as soon as practicable after the date of the enactment
of this Act, but no later than at the conclusion of the current
permit period. If the Secretary fails to convey the property
before the lease expires, the Secretary shall authorize permit
extensions at no additional cost to the permittee.
(2) Compensation for improvements.--If a permittee declines
to purchase a Property, the Secretary shall offer the Property
for sale to the general public at fair market value, as
determined under subsection (d). If a person other than the
permittee purchases the Property, that person shall compensate
the permittee for the fair market value of all private
improvements made to the Property, as determined under
subsection (d).
(3) Failure to sell.--If no person submits a bid at or
above the fair market value as determined under subsection (d),
the property shall remain in Federal ownership.
(b) In General.--The Secretary--
(1) shall offer to sell, for fair market value--
(A) all right, title, and interest of the United
States in and to each Property, subject to valid
existing rights; and
(B) easements for--
(i) vehicular access to such Property;
(ii) access to and use of one dock for such
Property; and
(iii) access to and use of all boathouses,
ramps, retaining walls, and other improvements
for which access is provided in the permit for
use of such Property on the date of the
enactment of this Act; and
(2) may sell, for fair market value, Federal land
contiguous to each Property, not including shoreline or land
needed to provide public access to the shoreline, if the
Secretary--
(A) determines that such a sale will eliminate
inholdings and facilitate administration of adjacent
land remaining in Federal ownership after the sale of
each Property; and
(B) after consultation with the appropriate Indian
tribe, determines that such a sale will not adversely
affect Indian cultural resources and sacred sites.
(c) Purchase Process.--The Secretary shall--
(1) solicit sealed bids for each Property; and
(2) sell each Property to the bidder who submits the
highest bid at or above the fair market value of the Property,
as determined under subsection (d).
(d) Appraisal.--The Secretary shall conduct an appraisal of each
Property (less the value of all permittee improvements) to determine
the fair market value of that Property. The appraisal shall--
(1) be conducted in conformance with the Uniform Standards
of Professional Appraisal Practice;
(2) appraise the value of the Property, including the value
of appurtenant easements, exclusive of the value of private
improvements made by permittees of the Property before the date
of the appraisal; and
(3) appraise the value of all private improvements made by
permittees of the Property before the date of the appraisal.
(e) Costs.--The cost of a conveyance of a Property under this Act,
including the cost of required appraisals, shall be paid--
(1) by the Secretary in the case of a sale to a permittee,
from revenues of that sale; and
(2) by the purchaser in the case of a sale to any person
other than the permittee.
SEC. 5. PROCEEDS FROM THE SALE OF LAND.
Revenues from the sale of Federal land under this Act shall be made
available to the Secretary, without further appropriation, for costs
under section 4(e)(1) and for deferred maintenance activities in the
Lake Roosevelt National Recreation Area. | This bill requires the Department of the Interior to give permittees of specified federal land (including improvements) located along Sherman Creek and Rickey Point in Lake Roosevelt National Recreation Area in the state of Washington the first option to purchase such property for fair market value. Interior shall offer to sell for fair market value: all interest of the United States in and to each property; and easements for vehicular access to it, access to and use of one dock for it, and access to and use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the permit. Interior shall also: solicit sealed bids for each property, and sell each property to the bidder who submits the highest bid at or above its fair market value. The cost of a conveyance of a property, including the costs of required appraisals, shall be paid by: Interior, for a sale to a permittee, from revenues of that sale; and the purchaser, for a sale to any person other than the permittee. Revenues from sales of federal lands under this bill shall be made available, without further appropriation, for conveyance costs and for deferred maintenance activities in the recreation area. | {"src": "billsum_train", "title": "To establish terms and conditions under which the Secretary of the Interior shall convey, for fair market value, certain properties in the Lake Roosevelt National Recreation Area in the State of Washington to the permittees of those properties, and for other purposes."} | 1,136 | 264 | 0.653507 | 2.131742 | 0.752785 | 4.281513 | 4.369748 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Raechel and Jacqueline Houck Safe
Rental Car Act of 2012''.
SEC. 2. APPLICATION OF MOTOR VEHICLE SAFETY STANDARDS TO CAR RENTAL
COMPANIES.
(a) Covered Rental Vehicle and Rental Company Defined.--Section
30102(a) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (1) through (11) as
paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (12),
and (13), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) `covered rental vehicle' means a motor vehicle that--
``(A) is rated at 26,000 pounds gross vehicle
weight or less;
``(B) is rented without a driver for an initial
term of less than 4 months; and
``(C) is part of a motor vehicle fleet of 5 or more
motor vehicles that is used for rental purposes by a
rental company.''; and
(3) by inserting after paragraph (10) (as so redesignated)
the following:
``(11) `rental company' means a person who--
``(A) is engaged in the business of renting covered
rental vehicles; and
``(B) uses for rental purposes a motor vehicle
fleet of 5 or more covered rental vehicles.''.
(b) Notification by Rental Companies to Renters.--
(1) In general.--Section 30119 of such title is amended by
adding at the end the following:
``(g) Notification by Rental Company to Renter.--A rental company
that receives a notification required under section 30118 of this title
that includes the vehicle identification number of a covered rental
vehicle during a period in which the vehicle is rented shall, as soon
as practicable, contact the renter of the vehicle and any authorized
driver of the vehicle for whom the rental company has immediate contact
information to inform the renter and authorized driver of the defect or
noncompliance.''.
(2) Regulations.--The Secretary of Transportation may not
begin any process to promulgate regulations under subsection
(g) of such section, as added by paragraph (1), until the date
that is 3 years after the date of the enactment of this Act.
(c) Limitation on Sales, Leases, or Rentals by Rental Companies.--
Section 30120(i) of such title is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``, or the manufacturer
has provided to a rental company notification
about a covered rental vehicle (including the
vehicle identification number for such vehicle)
in the company's possession at the time of
notification,'' after ``time of notification'';
and
(ii) by striking ``the dealer may sell or
lease'' and inserting ``the dealer or rental
company may sell, lease, or rent''; and
(B) in subparagraph (A), by striking ``under the
sale or lease'' and inserting ``under the sale, lease,
or rental agreement'';
(2) in paragraph (2), by inserting ``or rental company''
after ``a dealer''; and
(3) in the subsection heading by striking ``or Lease'' and
inserting ``, Lease, or Rental''.
(d) Prohibition on Making Safety Devices and Elements
Inoperative.--Section 30122(b) of such title is amended by inserting
``rental company,'' after ``dealer,'' both places it appears.
(e) Inspections, Investigations, and Records.--
(1) Matters that can be inspected and impoundment.--
Subsection (c)(2) of section 30166 of such title is amended by
striking ``or dealer'' both places it appears and inserting
``dealer, or rental company''.
(2) Records and making reports.--Subsection (e) of such
section is amended by striking ``or dealer'' each place it
appears and inserting ``dealer, or rental company''.
(3) Providing copies of communications about defects and
noncompliance.--Subsection (f) of such section is amended by
inserting ``rental companies or other'' after ``dealers or
to''.
(f) Research Authority.--The Secretary of Transportation may
conduct a study of the effectiveness of the amendments made by this
section and of other activities of rental companies (as defined in
section 30102(a) of title 49, United States Code, as added by
subsection (a)(2)) related to their use and disposition of motor
vehicles that are the subject of a notification required under section
30118 of title 49, United States Code.
(g) Effective Date.--The amendments made by this section shall take
effect on the date that is 60 days after the date of enactment of this
Act. | Raechel and Jacqueline Houck Safe Rental Car Act of 2012 - Requires a rental company that receives a Secretary of Transportation (DOT) ordered notification from the manufacturer of a covered rental vehicle of equipment defect, or noncompliance with federal motor vehicle safety standards, during the vehicle rental period to contact the renter and any authorized driver of the vehicle about the defect or noncompliance.
Covers a rental vehicle: (1) rated at 26,000 pounds gross vehicle weight or less, (2) rented without a driver for an initial term of under 4 months, and (3) that is part of a motor vehicle fleet of 5 or more motor vehicles used for rental purposes by a rental company.
Authorizes a rental company that receives notification of a defect or the noncompliance of a new vehicle or new replacement vehicle equipment in the company's possession to rent such vehicle or equipment only if the defect or noncompliance is remedied.
Prohibits a rental company from knowingly making inoperable any safety devices or elements of design installed on or in a compliant motor vehicle or vehicle equipment unless the company reasonably believes such vehicle or equipment will not be used when the devices or elements are inoperable.
Authorizes the Secretary, upon request, to inspect records of a rental company with respect to a safety investigation. Authorizes the Secretary to require a rental company to keep records or make reports for purposes of compliance with federal motor vehicle safety orders or regulations.
Authorizes the Secretary to study the effectiveness of the amendments made by this Act and of other activities of rental companies. | {"src": "billsum_train", "title": "A bill to amend title 49, United States Code, to prohibit rental of motor vehicles under a safety recall because of a defect related to motor vehicle safety or noncompliance with an applicable motor vehicle safety standard until the defect or noncompliance is remedied, and for other purposes."} | 1,131 | 351 | 0.650765 | 2.01334 | 0.853856 | 2.632653 | 3.510204 | 0.829932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Nutrition's Role in
Curricula and Healthcare Act'' or the ``ENRICH Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2012, United States health care spending was about
$8,915 per resident and accounted for 17.2 percent of the
Nation's gross domestic product, which is among the highest of
all industrialized countries.
(2) Expenditures in the United States on health care
surpassed $2.3 trillion in 2008, more than three times the $714
billion spent in 1990, and over eight times the $253 billion
spent in 1980.
(3) It is estimated that health care costs for chronic
disease treatment account for over 75 percent of national
health expenditures.
(4) The last major report from the World Health
Organization in March 2003 concluded diet was a major factor in
the cause of chronic diseases.
(5) Seven out of 10 deaths among Americans each year are
from chronic diseases. Heart disease, cancer, and stroke--each
of which has been strongly linked to dietary and lifestyle
choices--account for more than 50 percent of all deaths each
year.
(6) About 81.1 million people in the United States have at
least one form of cardiovascular disease. Approximately 2,300
Americans die every day from cardiovascular disease. In 2010,
cardiovascular disease cost American taxpayers $189.4 billion.
The American Heart Association estimates that, by 2030, direct
costs related to cardiovascular disease will triple to around
$818 billion. Research has shown that following a healthful
diet can not only reduce symptoms related to heart disease but
also reverse the damage done to the arteries.
(7) Two-thirds of the American population is currently
overweight, half of whom are obese. One in three children is
now overweight, and one-fifth of children are obese. In 2008,
the United States spent $190 billion on obesity-related health
care costs.
(8) An estimated 25.8 million Americans have diabetes.
Another 79 million adults have prediabetes. The Centers for
Disease Control and Prevention predict that one in three
children born in 2000 will develop diabetes at some point in
their lives. Diabetes cost the government $116 billion in 2007.
Research has shown that nutrition therapy is a key component of
diabetes management and can improve clinical outcomes.
(9) Cancer kills approximately 570,000 Americans each year,
accounting for one in every four deaths. More than 1.5 million
new cancer cases are diagnosed annually. In 2010, the direct
costs of cancer were $102.8 billion and that number is expected
to rise to $172 billion by 2020. More than 33 percent of
cancers are diet related and could be prevented with a
healthful diet.
(10) Eating is a complex social phenomenon influenced by
family, social networks, culture, socioeconomic and educational
status. An interprofessional approach to nutrition education
for clinicians may not necessarily overcome these forces but
may help the health professions team, including physicians and
non-physicians, identify effective strategies for nutrition
counseling and management.
(11) Physicians are an important source of information and
motivation for patients' health behavior. Multiple studies have
shown that physician counseling on weight loss increases the
likelihood that patients will attempt weight loss, increase
physical activity, improve diet, and lose weight.
(12) Leading medical bodies recommend that physicians
address diet with overweight patients. Guidelines from leading
medical bodies such as the National Institutes of Health, the
American Heart Association, the American College of Cardiology,
and the Obesity Society recommend that physicians counsel
overweight and obese patients on the benefits of lifestyle
changes through lifestyle changes such as diet and physical
activity.
SEC. 3. GRANTS PROGRAM TO DEVELOP OR ENHANCE INTEGRATED NUTRITION
CURRICULA IN MEDICAL SCHOOLS.
(a) In General.--The Secretary of Health and Human Services, acting
through the Administrator of the Health Resources and Services
Administration and in conjunction with the National Institutes of
Health National Heart, Lung, and Blood Institute, shall establish a
competitive grants program under which the Secretary may award grants
to medical schools in the United States for the purpose described in
subsection (b)(1).
(b) Use of Grant Funds.--
(1) In general.--A medical school receiving a grant under
this section shall use the grant to create new or expand
existing integrated nutrition and physical activity curriculum
described in paragraph (2) for the medical school.
(2) Integrated nutrition curriculum.--For purposes of
paragraph (1), an integrated nutrition and physical activity
curriculum--
(A) shall be designed based on the best possible
evidence to improve communication and provider
preparedness in the prevention, management, and, as
possible, reversal of obesity, cardiovascular disease,
diabetes, and cancer; and
(B) shall, to the greatest extent practicable,
address such additional topics, including nutrition
across the life cycle of individuals who are members of
at-risk populations, physical activity training and
programs for such individuals, food insecurity among
such individuals, and malnutrition among such
individuals.
(c) Eligibility.--To be eligible to receive a grant under this
section, an eligible entity shall--
(1) be a medical school in the United States that is
accredited by the Liaison Committee on Medical Education and
Residency Program Accreditation Council for Graduate Education
or by the American Osteopathic Association Commission on
Osteopathic College Accreditation; and
(2) submit an application to the Secretary, in accordance
with such time, form, and manner and containing such
information as specified by the Secretary, including--
(A) a description of how the medical school intends
to implement the integrated nutrition and physical
activity curriculum described in subsection (b)(2); and
(B) a description of benchmarks to measure the
success of the implementation of such curriculum.
(d) Administrative Provisions.--
(1) Duration of program.--A grant awarded to a medical
school under this section shall be for a three-year period,
beginning on the date of the establishment of the grants
program under subsection (a).
(2) Limitations.--
(A) Grant amounts.--A grant awarded to a medical
school under this section may not exceed $500,000.
(B) One grant per school.--A medical school shall
not be eligible for more than one grant under this
section and may not renew such a grant.
(3) Priority.--In awarding grants, the Secretary shall give
priority to medical schools--
(A) that submit applications under subsection
(c)(1) that describe an integrated nutrition and
physical activity curriculum that will be implemented
through the use of such a grant--
(i) that is coordinated with a residency
program; or
(ii) provides that students of such school
should receive at least 25 hours of nutrition
education; or
(B) that, for purposes of carrying out such
curriculum through the use of such a grant, partner
with education programs for both physicians and non-
physician health professionals.
(e) Reports.--
(1) Periodic reports during grants program.--
(A) In general.--For each school year ending during
the duration of the grants program under this section,
the Secretary shall submit to Congress a report on the
grants program.
(B) Report elements.--Each such report shall
include--
(i) the findings and conclusions of the
Secretary with respect to the integration of
nutrition and physical activity curriculum into
the curriculum of the medical schools receiving
a grant under the grants program;
(ii) an assessment of the benefits of the
grants program for--
(I) establishing best practices for
providers to advise patients in the
clinical setting;
(II) providing greater nutrition
and physical activity awareness to
physicians and other health
professionals and patients of such
physicians and professionals; and
(III) improving healthfulness of
patients' diets and improving patient
health outcomes; and
(iii) suggestions on how to promote the
integration of nutrition curriculum in medical
schools around the United States.
(2) Final report.--Not later than 180 days after the last
day of the grants program under this section, the Secretary
shall submit to Congress a report detailing the recommendations
of the Secretary as to any benefits or barriers of integrating
nutrition and physical activity curriculum at both the medical
school and residency levels.
(f) Funding.--No additional funds are authorized to carry out the
requirements of this section. The Secretary shall carry out such
requirements by using, from amounts otherwise authorized or
appropriated, up to $5,000,000 for each of fiscal years 2016 through
2018. | Expanding Nutrition's Role in Curricula and Healthcare Act or the ENRICH Act This bill requires the Health Resources and Services Administration to establish a program of three-year competitive grants to accredited medical schools for the development or expansion of an integrated nutrition and physical activity curriculum. The curriculum must: (1) be designed to improve communication and provider preparedness in the prevention, management, and reversal of obesity, cardiovascular disease, diabetes, and cancer; and (2) address additional topics regarding individuals in at-risk populations, as practicable, including physical activity and training programs, food insecurity, and malnutrition. | {"src": "billsum_train", "title": "ENRICH Act"} | 1,789 | 129 | 0.4278 | 1.281243 | 0.549092 | 3.626087 | 15.330435 | 0.947826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education and Workforce Innovation
Act''.
SEC. 2. COMMUNITY WORKFORCE TRAINING GRANTS.
(a) Program Authorized.--From the amounts available under
subsection (f) to carry out this section, the Secretary of Education,
in consultation with the Secretary of Labor and the advisory panel,
shall carry out a pilot program to award grants to eligible entities to
carry out programs that provide direct skills and job training for
individuals to enter and advance in high-growth, emerging, and in-
demand industries, such as skilled labor and trade industries.
(b) Application.--To receive a grant under this section, an
eligible entity shall submit an application, at such time, in such
manner, and containing such information as the Secretary of Education
may require.
(c) Uses of Funds.--An eligible entity that receives a grant under
this section shall use such grant to--
(1) develop and carry out a multi-year program to provide
students enrolled in a school or institution described in
subparagraphs (A) through (C) of subsection (g)(1) with
education and training to prepare such students to enter and
advance in high-growth, emerging, or in-demand industries by
providing--
(A) customized training that is valuable to such
industries;
(B) increased productivity and knowledge transfer;
(C) a stable and predictable pipeline to a high
standard of employment (as determined by the Secretary
of Labor in consultation with the advisory panel) upon
graduation from the program;
(D) a proven model of success, as determined by the
Secretary of Labor in consultation with the advisory
panel; and
(E) an opportunity for career advancement; and
(2) cover costs related to developing and carrying out the
program, which may include--
(A) covering overhead costs;
(B) improving program design;
(C) expanding access to the program; or
(D) providing tuition subsidies for students
enrolled, or desiring to enroll, in an institution
described in subparagraph (A) or (B) of subsection
(g)(1), if applicable, to participate in such program.
(d) Matching Funds.--An eligible entity that is awarded a grant
under this section shall provide matching funds from non-Federal
sources in an amount equal to not less than the Federal funds provided
under the grant.
(e) Advisory Panel.--In carrying out the pilot program under this
section, the Secretary of Education shall establish an advisory panel
that is comprised of Federal education experts and private sector
executives.
(f) Availability of Funding.--In each fiscal year not less than
$50,000,000, shall be available from the amount appropriated for each
such fiscal year for the Workforce Innovation Fund of the Department of
Labor for the costs of carrying out this section.
(g) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
private company involved in the manufacturing, production, or
technology industries, in partnership with a--
(A) junior or community college;
(B) postsecondary vocational institution; or
(C) secondary school.
(2) Junior or community college.--The term ``junior or
community college'' has the meaning given the term in section
312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).
(3) Postsecondary vocational institution.--The term
``postsecondary vocational institution'' has the meaning given
the term in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002(c)).
(4) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(5) Skilled labor and trade industries.--The term ``skilled
labor and trade industries'' shall be defined by the Secretary
of Labor.
SEC. 3. FINANCING A SKILLED 21ST CENTURY WORKFORCE GOAL.
(a) Program Authorized.--The Secretaries of Education and the
Treasury, jointly with the advisory panel, shall administer a pay-for-
performance pilot program for 5 years to raise funds from qualified
investors to cover the cost of a workforce training program that
increases trade certifications or apprenticeships for unemployed
individuals or dislocated workers, and that meets the requirements of
subsection (b).
(b) Program Requirements.--The pay-for-performance pilot program
carried out under subsection (a) shall require that--
(1) the Secretaries and the advisory panel establish the
goals of increasing trade certifications or apprenticeships for
unemployed individuals or dislocated workers, and other social
and financial goals (such as reducing Federal, State, and local
expenditures related to workforce training) for the program;
(2) a qualified investor enters into a pay-for-performance
agreement with the Secretaries under which the qualified
investor--
(A) provides funds to a service provider selected
by the Secretaries, the advisory panel, and the
qualified investor to meet the goals established under
paragraph (1); and
(B) agrees to the repayment terms described in
paragraph (4);
(3) the service provider uses such funds to carry out a
workforce training program for unemployed adults or dislocated
workers to meet such goals;
(4) if the Secretaries and the advisory panel determine
that the workforce training program carried out by the service
provider meets the goals established under paragraph (1), the
Secretaries will repay the qualified investor the amount of
funds provided by the qualified investor under paragraph (2)
with financial returns; and
(5) the Secretaries and the advisory panel assess the
feasibility of expanding the pay-for-performance pilot program
on a larger scale.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $75,000,000 for each of fiscal years 2019 through 2023 to
carry out this section.
(d) Definitions.--In this Act the following definitions apply:
(1) Advisory panel.--The term ``advisory panel'' means a
panel of business representatives selected by the Secretaries.
(2) Dislocated worker; unemployed individual.--The terms
``dislocated worker'' and ``unemployed individual'' have the
meanings given the terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(3) Qualified investor.--The term ``qualified investor''
has the meaning given such term in section 230.501(a) of title
17, Code of Federal Regulations (or successor regulations).
(4) Secretaries.--The term ``Secretaries'' means the
Secretaries of Education and the Treasury.
(5) Service provider.--The term ``service provider'' means
a nonprofit organization that carries out a workforce training
program. | Education and Workforce Innovation Act This bill directs the Department of Education (ED) to carry out a pilot program to award grants to eligible entities for programs that provide direct skills and job training for individuals to enter and advance in high-growth, emerging, and in-demand industries, such as skilled labor and trade industries. The term "eligible entity" means a private company involved in the manufacturing, production, or technology industries, in partnership with a junior or community college, postsecondary vocational institution, or secondary school. An eligible entity shall use grant funds for a multiyear program to provide students with education and training to enter and advance in such industries, by providing: (1) customized training valuable to such industries, (2) increased productivity and knowledge transfer, (3) a stable and predictable pipeline to a high standard of employment upon graduation from the program, (4) a proven model of success, and (5) an opportunity for career advancement. The bill also directs ED and the Department of the Treasury, jointly with an advisory panel of business representatives, to administer a five-year pay-for-performance pilot program to raise funds from investors to cover the cost of a workforce training program that increases trade certifications or apprenticeships for unemployed individuals or dislocated workers and meets other specified requirements. | {"src": "billsum_train", "title": "Education and Workforce Innovation Act"} | 1,518 | 275 | 0.665655 | 2.068899 | 0.816165 | 5 | 5.380392 | 0.945098 |
That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Environmental Protection Agency for the fiscal
year ending September 30, 2005, and for other purposes, namely:
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior level
positions under 5 U.S.C. 5376; procurement of laboratory equipment and
supplies; other operating expenses in support of research and
development; construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$797,000,000, which shall remain available until September 30, 2006.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the maximum rate payable for senior level positions under
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library memberships in
societies or associations which issue publications to members only or
at a price to members lower than to subscribers who are not members;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to exceed $9,000
for official reception and representation expenses, $2,391,000,000,
which shall remain available until September 30, 2006, including
administrative costs of the Brownfields program under the Small
Business Liability Relief and Brownfields Revitalization Act of 2002.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$37,997,000, to remain available until September 30, 2006.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $42,918,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project;
$1,381,416,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund upon the date of enactment of
this Act as authorized by section 517(a) of the Superfund Amendments
and Reauthorization Act of 1986 (SARA) and up to $1,381,416,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA, as amended: Provided,
That funds appropriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $13,214,000
shall be transferred to the ``Office of Inspector General''
appropriation to remain available until September 30, 2006, and
$36,097,000 shall be transferred to the ``Science and technology''
appropriation to remain available until September 30, 2006.
Leaking Underground Storage Tank Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by section 205 of the Superfund
Amendments and Reauthorization Act of 1986, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $85,000 per project, $76,000,000, to remain available until
expended.
Oil Spill Response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$16,425,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for state revolving funds and performance
partnership grants, $4,100,000,000, to remain available until expended,
of which $1,400,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended (the ``Act''), of which up to
$75,000,000 shall be available for loans, including interest free loans
as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-
municipal, interstate, or State agencies or nonprofit entities for
projects that provide treatment for or that minimize sewage or storm
water discharges using one or more approaches which include, but are
not limited to, decentralized or distributed storm water controls,
decentralized wastewater treatment, low-impact development practices,
conservation easements, stream buffers, or wetlands restoration;
$900,000,000 shall be for capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking Water
Act, as amended, except that, notwithstanding section 1452(n) of the
Safe Drinking Water Act, as amended, none of the funds made available
under this heading in this Act, or in previous appropriations Acts,
shall be reserved by the Administrator for health effects studies on
drinking water contaminants; $50,000,000 shall be for architectural,
engineering, planning, design, construction and related activities in
connection with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission; $43,000,000 shall
be for grants to the state of Alaska to address drinking water and
waste infrastructure needs of rural and Alaska Native Villages;
$3,500,000 shall be for the remediation of above ground leaking fuel
tanks pursuant to Public Law 106-554; $325,000,000 shall be for making
grants for the construction of drinking water, wastewater and storm
water infrastructure and for water quality protection provided that
each grantee shall contribute not less than 45 percent of the cost of
the project unless the grantee is approved for a waiver by the Agency;
$6,600,000 for grants for construction of alternative decentralized
wastewater facilities under the National Decentralized Wastewater
Demonstration program: $120,500,000 shall be to carry out section
104(k) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended, including grants,
interagency agreements, and associated program support costs; and the
remainder shall be for grants, including associated program support
costs, to States, federally recognized tribes, interstate agencies,
tribal consortia, and air pollution control agencies for multi-media or
single media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions set forth
under this heading in Public Law 104-134, for making grants under
section 103 of the Clean Air Act for particulate matter monitoring and
data collection activities, and for making competitive grants to
states, federally recognized tribes, local governments and local
educational authorities for the purpose of retrofitting school bus
fleets with the latest available environmental technology: Provided,
That for fiscal year 2005 and thereafter, State authority under section
302(a) of Public Law 104-182 shall remain in effect: Provided further,
That notwithstanding section 603(d)(7) of the Act, the limitation on
the amounts in a State water pollution control revolving fund that may
be used by a State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year 2005
and prior years where such amounts represent costs of administering
the fund to the extent that such amounts are or were deemed reasonable
by the Administrator, accounted for separately from other assets in the
fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2005, and
notwithstanding section 518(f) of the Act, the Administrator is
authorized to use the amounts appropriated for any fiscal year under
section 319 of that Act to make grants to Indian tribes pursuant to
sections 319(h) and 518(e) of that Act: Provided further, That for
fiscal year 2005, notwithstanding the limitation on amounts in section
518(c) of the Act, up to a total of 1\1/2\ percent of the funds
appropriated for State Revolving Funds under title VI of that Act may
be reserved by the Administrator for grants under section 518(c) of
such Act: Provided further, That no funds provided by this legislation
to address the water, wastewater and other critical infrastructure
needs of the colonias in the United States along the United States-
Mexico border shall be made available to a county or municipal
government unless that government has established an enforceable local
ordinance, or other zoning rule, which prevents in that jurisdiction
the development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new
home, business, or other structure which lacks water, wastewater, or
other necessary infrastructure.
Administrative Provisions
For fiscal year 2005, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally-recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended.
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for
fiscal year 2005 may be used to award grants or loans under section
104(k) of CERCLA to eligible entities that satisfy all of the elements
set forth in CERCLA section 101(40) to qualify as a bona fide
prospective purchaser except that the date of acquisition of the
property was prior to the date of enactment of the Small Business
Liability Relief and Brownfield Revitalization Act of 2001.
In the case of taxpayers with adjusted gross income in excess of
$1,000,000 for calendar year 2004, the amount of the tax reduction
resulting from enactment of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 (Public Law 108-27) and enactment of the
Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law
107-16) shall be reduced by 4.0 percent. | Appropriates specified sums for the Environmental Protection Agency (EPA) for FY 2005 for: (1) science and technology, including research and development activities; (2) environmental programs and management; (3) the Office of the Inspector General; (4) buildings and facilities; (5) the hazardous substance superfund, including transfers of funds; (6) the leaking underground storage tank program; (7) oil spill response; and (8) State and tribal assistance grants.
Authorizes the Administrator of EPA to: (1) award cooperative agreements to federally-recognized Indian tribes to assist in implementing Federal environmental programs; (2) collect and obligate pesticide registration service fees; and (3) use FY 2005 appropriations to award brownfield remediation grants under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
Reduces by four percent the amount of tax reduction for taxpayers with adjusted gross incomes in excess of $1 million for calendar year 2004 resulting from enactment of the Jobs and Growth Tax Relief Reconciliation Act and the Economic Growth and Tax Relief Reconciliation Act. | {"src": "billsum_train", "title": "Making appropriations for the Environmental Protection Agency for the fiscal year ending September 30, 2005, and for other purposes."} | 2,480 | 221 | 0.419113 | 1.373324 | 0.579579 | 3.376812 | 10.816425 | 0.884058 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support and Defend Our Military
Personnel and Their Families Act''.
SEC. 2. FACILITATING NATURALIZATION FOR MILITARY PERSONNEL.
(a) In General.--Any person who has served honorably as a member of
the Armed Forces of the United States in support of a contingency
operation (as defined in section 101(a)(13) of title 10, United States
Code), and who, if separated from the Armed Forces, was separated under
honorable conditions, may be naturalized as provided in section 329 of
the Immigration and Nationality Act (8 U.S.C. 1440) as though the
person had served during a period designated by the President under
such section.
(b) Naturalization Through Service in the Armed Forces of the
United States.--Section 328 of the Immigration and Nationality Act (8
U.S.C. 1439) is amended--
(1) in subsection (a), by striking ``six months'' and
inserting ``one year''; and
(2) in subsection (d), by striking ``six months'' and
inserting ``one year''.
SEC. 3. TIMELY REUNIFICATION OF MILITARY PERSONNEL AND THEIR NUCLEAR
FAMILIES.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
``(F) Aliens who are eligible for an immigrant visa
under paragraph (2) of section 203(a) and are the
spouse, child, son, or daughter of an alien who is
serving in the Armed Forces of the United States.''.
SEC. 4. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY PERSONNEL.
Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255)
is amended by adding at the end the following:
``(n) Relief for Immediate Family Members of Active Duty
Personnel.--
``(1) In general.--The Secretary of Homeland Security may
adjust the status of an alien described in paragraph (2) to
that of an alien lawfully admitted for permanent residence if--
``(A) the alien makes an application for such
adjustment, and is physically present in the United
States on the date the application is filed;
``(B) the alien is eligible to receive an immigrant
visa and is admissible under section 212(a) (except
that paragraphs (4), (6)(A), (7)(A), and (9)(B) of such
section shall not apply for purposes of this
subsection);
``(C) an immigrant visa is immediately available to
the alien at the time the application is filed; and
``(D) the alien pays a fee, as determined by the
Secretary, for the processing of such application.
``(2) Eligible aliens.--
``(A) In general.--The benefits provided in
paragraph (1) shall apply only to an alien who is a
parent, spouse, child, son, daughter, or minor sibling
of an eligible member of the Armed Forces.
``(B) Posthumous benefits.--An alien described in
subparagraph (A) shall continue to be eligible for
adjustment under this subsection for 2 years after the
death of an eligible member of the Armed Forces whose
death was the result of injury or disease incurred in
or aggravated by his or her service in the Armed Forces
or, if such death occurred prior to the date of
enactment of this paragraph, for 2 years after such
date of enactment.
``(3) Eligible members of the armed forces.--In this
subsection, `eligible member of the Armed Forces' means any
person who--
``(A) has served honorably in an active duty status
in the Armed Forces of the United States; and
``(B) if separated from the service described in
subparagraph (A), was separated under honorable
conditions.''.
SEC. 5. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST
ACTIVE DUTY MILITARY PERSONNEL AND VETERANS.
Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229)
is amended by adding at the end the following:
``(f) Considerations for Active Duty Military Personnel and
Veterans.--(1) A notice to appear shall not be issued against an alien
who has served honorably at any time in the Armed Forces of the United
States, and who, if separated from the Armed Forces, separated under
honorable conditions, without prior approval from the Secretary of
Homeland Security.
``(2) In determining whether to issue a notice to appear against
such an alien, the Secretary shall consider the alien's eligibility for
naturalization under section 328 or 329, as well as the alien's record
of military service, grounds of deportability applicable to the alien,
and any hardship to the Armed Forces, the alien, and his or her family
if the alien were to be placed in removal proceedings.
``(3) An alien who has served honorably in the Armed Forces of the
United States, and who, if separated from the Armed Forces, separated
under honorable conditions, shall not be removed from the United States
under subparagraph (A)(i) or (B)(iii) of section 235(b)(1), section
238, or section 241(a)(5).''. | Support and Defend Our Military Personnel and Their Families Act - States that any person who serves or has served under honorable conditions as a member of the U.S. Armed Forces in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially-designated military hostilities. Amends the Immigration and Nationality Act (INA) to extend the period for filing a naturalization application to one year after completion of eligible military service. Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and is either the spouse or child of a permanent resident alien who is serving in the Armed Forces. Authorizes the Secretary of Homeland Security (DHS) to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a person who is serving or has served in the Armed Forces under honorable conditions. Permits posthumous benefits under specified circumstances. States that with respect to a removal proceeding under INA: (1) a notice to appear shall not be issued against an alien who serves or has served under honorable conditions in the Armed Forces without the Secretary's prior approval; (2) the Secretary, in determining whether to issue a notice, shall consider the alien's eligibility for naturalization, military service record, grounds of deportability, and any hardship to the Armed Forces, the alien, and his or her family if the alien were to be placed in removal proceedings; and (3) an alien who serves or has served under honorable conditions in the Armed Forces shall not be removed from the United States under specified grounds. | {"src": "billsum_train", "title": "Support and Defend Our Military Personnel and Their Families Act"} | 1,282 | 376 | 0.606428 | 1.687712 | 0.779029 | 3.886076 | 3.389241 | 0.886076 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nicaraguan Investment Conditionality
Act (NICA) of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 2006, Nicaragua, under President Enrique Bolanos,
entered into a $175,000,000, 5-year compact with the Millennium
Challenge Corporation (MCC).
(2) After the 2008 municipal elections, the MCC stated that
there was a pattern of decline in political rights and civil
liberties in Nicaragua.
(3) In 2009, the MCC terminated the compact and reduced the
amount of MCC funds available to Nicaragua by $61,500,000,
which led to the compact ending in 2011.
(4) According to Nicaraguan law, the National Assembly is
the only institution allowed to change the constitution but in
2009, Daniel Ortega circumvented the legislature and went to
the Supreme Court, which he controls, to rule in his favor that
Presidential term limits were inapplicable.
(5) The House Committee on Foreign Affairs convened a
congressional hearing on December 1, 2011, entitled ``Democracy
Held Hostage in Nicaragua: Part 1'' where former United States
Ambassador to Nicaragua Robert Callahan testified, ``First,
that Daniel Ortega's candidacy was illegal, illegitimate, and
unconstitutional; second, that the period leading to the
elections and the elections themselves were marred by serious
fraud; third, that Daniel Ortega and his Sandinista party have
systematically undermined the country's fragile governmental
institutions''.
(6) From fiscal year 2012 until present, the Department of
State found that Nicaragua did not meet international standards
of fiscal transparency.
(7) On January 25, 2012, a press statement from Secretary
of State Hillary Clinton said: ``As noted by international
observers and Nicaraguan civil society groups, Nicaragua's
recent elections were not conducted in a transparent and
impartial manner, and the entire electoral process was marred
by significant irregularities. The elections marked a setback
to democracy in Nicaragua and undermined the ability of
Nicaraguans to hold their government accountable.''.
(8) According to the Department of State's 2015 Fiscal
Transparency Report: ``Nicaragua's fiscal transparency would be
improved by including all off-budget revenue and expenditure in
the budget, auditing state-owned enterprises, and conducting a
full audit of the government's annual financial statements and
making audit reports publicly available within a reasonable
period of time.''.
(9) According to the Department of State's Country Reports
on Human Rights Practices for 2015: ``In 2011 the Supreme
Electoral Council (CSE) announced the re-election of President
Daniel Ortega Saavedra of the Sandinista National Liberation
Front (FSLN) in elections that international and domestic
observers characterized as seriously flawed. International and
domestic organizations raised concerns regarding the
constitutional legitimacy of Ortega's re-election. The 2011
elections also provided the ruling party with a supermajority
in the National Assembly, allowing for changes in the
constitution, including extending the reach of executive branch
power and the elimination of restrictions on re-election for
executive branch officials and mayors. Observers noted serious
flaws during the 2012 municipal elections and March 2014
regional elections.''.
(10) According to the Department of State's Country Reports
on Human Rights Practices for 2015 in Nicaragua: ``The
principal human rights abuses were restrictions on citizens''
right to vote; obstacles to freedom of speech and press,
including government intimidation and harassment of journalists
and independent media, as well as increased restriction of
access to public information, including national statistics
from public offices; and increased government harassment and
intimidation of nongovernmental organizations (NGOs) and civil
society organizations.
(11) The same 2015 report stated: ``Additional significant
human rights abuses included considerably biased policies to
promote single-party dominance; arbitrary police arrest and
detention of suspects, including abuse during detention; harsh
and life-threatening prison conditions with arbitrary and
lengthy pretrial detention; discrimination against ethnic
minorities and indigenous persons and communities.''.
(12) In February 2016, the Ortega regime detained and
expelled Freedom House's Latin America Director, Dr. Carlos
Ponce, from Nicaragua.
(13) On May 10, 2016, the Supreme Electoral Council
announced and published the electoral calendar which aims to
govern the electoral process.
(14) After receiving the electoral calendar for the 2016
Presidential elections, the Nicaraguan political opposition
raised concerns and pointed to a number of anomalies such as:
the electoral calendar failed to contemplate national and
international observations, failed to agree to publicly publish
the precincts results of each Junta Receptora de Voto (JRV),
and failed to purge the electoral registration rolls in a
transparent and open manner.
(15) Nicaragua's constitution mandates terms of 5 years for
municipal authorities, which would indicate that the next
municipal elections must occur in 2017.
(16) On June 3, 2016, the Nicaraguan Supreme Court--which
is controlled by Nicaragua's leader, Daniel Ortega--instructed
the Supreme Electoral Council not to swear in Nicaraguan
opposition members to the departmental and regional electoral
councils.
(17) On June 5, 2016, regarding international observers for
the 2016 Presidential elections, President Ortega stated:
``Here, the observation ends. Go observe other countries . . .
There will be no observation, neither from the European Union,
nor the OAS . . .''.
(18) On June 7, 2016, the Department of State's Bureau of
Democracy, Human Rights and Labor posted on social media:
``Disappointed government of Nicaragua said it will deny
electoral observers requested by Nicaraguan citizens, church,
and private sector . . . We continue to encourage the
government of Nicaragua to allow electoral observers as
requested by Nicaraguans.''.
(19) On June 8, 2016, the Supreme Electoral Council--which
is controlled by Nicaragua's leader, Daniel Ortega--announced a
ruling, which changed the leadership structure of the
opposition party and in practice allegedly barred all existing
opposition candidates from running for office.
(20) On June 14, 2016, President Ortega expelled three
United States Government officials (two officials from U.S.
Customs and Border Protection and one professor from the
National Defense University) from Nicaragua.
(21) On June 29, 2016, the Department of State issued a
Nicaragua Travel Alert which stated: ``The Department of State
alerts U.S. citizens about increased government scrutiny of
foreigners' activities, new requirements for volunteer groups,
and the potential for demonstrations during the upcoming
election season in Nicaragua . . . Nicaraguan authorities have
denied entry to, detained, questioned, or expelled foreigners,
including United States Government officials, academics, NGO
workers, and journalists, for discussions, written reports or
articles, photographs, and/or videos related to these topics.
Authorities may monitor and question private United States
citizens concerning their activities, including contact with
Nicaraguan citizens.''.
(22) On August 1, 2016, the Department of State issued a
press release to express grave concern over the Nicaraguan
government limiting democratic space leading up to the
elections in November and stated that ``[o]n June 8, the
Nicaraguan Supreme Court stripped the opposition Independent
Liberal Party (PLI) from its long recognized leader. The
Supreme Court took similar action on June 17 when it
invalidated the leadership of the Citizen Action Party, the
only remaining opposition party with the legal standing to
present a presidential candidate. Most recently, on July 29,
the Supreme Electoral Council removed 28 PLI national assembly
members (16 seated and 12 alternates) from their popularly-
elected positions.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to support--
(1) the rule of law and an independent judiciary and
electoral council in Nicaragua;
(2) independent pro-democracy organizations in Nicaragua;
and
(3) free, fair, and transparent elections under
international and domestic observers in Nicaragua in 2016 and
2017.
SEC. 4. INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) In General.--The President shall instruct the United States
Executive Director at each international financial institution to use
the voice, vote, and influence of the United States to oppose any loan
for the benefit of the Government of Nicaragua, other than to address
basic human needs or promote democracy, unless the Secretary of State
certifies and reports to the appropriate congressional committees that
the Government of Nicaragua is taking effective steps to--
(1) hold free, fair, and transparent elections overseen by
credible domestic and international electoral observers;
(2) promote democracy, as well as an independent judicial
system and electoral council;
(3) strengthen the rule of law; and
(4) respect the right to freedom of association and
expression.
(b) Report.--The Secretary of the Treasury shall submit to the
appropriate congressional committees a written report assessing--
(1) the effectiveness of the international financial
institutions in enforcing applicable program safeguards in
Nicaragua; and
(2) the effects of the matters described in section 2 on
long-term prospects for positive development outcomes in
Nicaragua.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on Financial
Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) International financial institution.--The term
``international financial institution'' means the International
Monetary Fund, International Bank for Reconstruction and
Development, European Bank for Reconstruction and Development,
International Development Association, International Finance
Corporation, Multilateral Investment Guarantee Agency, African
Development Bank, African Development Fund, Asian Development
Bank, Inter-American Development Bank, Bank for Economic
Cooperation and Development in the Middle East and North
Africa, and Inter-American Investment Corporation.
(d) Termination.--This section shall terminate on the day after the
earlier of--
(1) the date on which the Secretary of State certifies and
reports to the appropriate congressional committees that the
requirements of subsection (a) are met; or
(2) 5 years after the date of the enactment of this Act.
(e) Waiver.--The President may waive this section if the President
determines that such a waiver is in the national interest of the United
States.
SEC. 5. ORGANIZATION OF AMERICAN STATES.
(a) Findings.--Congress finds that, according to the Organization
of American States (OAS) report on the Nicaraguan 2011 Presidential
elections, Nicaragua: Final Report, General Elections, OAS (2011), the
OAS made the following recommendations to the Government of Nicaragua:
(1) ``Prepare alternative procedures for updating the
electoral roll when a registered voter dies.''.
(2) ``Publish the electoral roll so that new additions,
changes of address and exclusions can be checked.''.
(3) ``Reform the mechanism for accreditation of poll
watchers using a formula that ensures that the political
parties will have greater autonomy to accredit their respective
poll watchers.''.
(4) ``Institute regulations to ensure that party poll
watchers are involved in all areas of the electoral structure,
including the departmental, regional and municipal electoral
councils and polling stations. Rules should be crafted to spell
out their authorities and functions and the means by which they
can exercise their authority and perform their functions.''.
(5) ``Redesign the CSE administrative structure at the
central and field levels, while standardizing technical and
operational procedures, including the design of control
mechanisms from the time registration to the delivery of the
document to the citizens; the process of issuing identity cards
should be timed to the calendar and, to avoid congestion within
the process, be evenly spaced.''.
(b) Electoral Observation Mission.--The President shall direct the
United States Permanent Representative to the Organization of American
States (OAS) to use the voice, vote, and influence of the United States
at the OAS to strongly advocate for an Electoral Observation Mission to
be sent to Nicaragua in 2016 and 2017.
SEC. 6. STATEMENT OF POLICY.
The Department of State and the United States Agency for
International Development should prioritize foreign assistance to the
people of Nicaragua to assist civil society in democracy and governance
programs, including human rights documentation.
SEC. 7. REPORT ON CORRUPTION IN NICARAGUA.
(a) Report Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State, in consultation with
the intelligence community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 3003(4)), shall submit to Congress a
report on the involvement of senior Nicaraguan government officials,
including members of the Supreme Electoral Council, the National
Assembly, and the judicial system, in acts of public corruption or
human rights violations in Nicaragua.
(b) Form.--The report required in subsection (a) shall be submitted
in unclassified form, but may contain a classified annex. The
unclassified portion of the report shall be made available to the
public.
Passed the House of Representatives September 21, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Nicaraguan Investment Conditionality Act (NICA) of 2016 (Sec. 3) This bill states that is U.S. policy to support: (1) the rule of law and an independent judiciary and electoral council in Nicaragua; (2) independent pro-democracy organizations in Nicaragua; and (3) free, fair, and transparent elections under international and domestic observers in Nicaragua in 2016 and 2017. (Sec. 4) The President shall instruct the U.S. executive director at each international financial institution to use U.S. influence to oppose any loan for the government of Nicaragua's benefit, other than for basic human needs or to promote democracy, unless the Department of State certifies that Nicaragua is taking effective steps to: (1) hold elections overseen by credible domestic and international electoral observers, (2) promote democracy and an independent judiciary system and electoral council, (3) strengthen the rule of law, and (4) respect the right to freedom of association and expression. The Department of the Treasury shall submit a report assessing: (1) the effectiveness of international financial institutions in enforcing applicable program safeguards in Nicaragua, and (2) the effects of specified election and fiscal transparency matters in Nicaragua on long-term prospects for positive development outcomes there. (Sec. 5) The President shall direct the U.S. Permanent Representative to the Organization of American States to use U.S. influence to advocate for an Electoral Observation Mission to be sent to Nicaragua in 2016 and 2017. (Sec. 6) The bill provides that Department of State and the U.S. Agency for International Development should prioritize foreign assistance to the people of Nicaragua to assist civil society in democracy and governance programs, including human rights documentation. (Sec. 7) The State Department shall report on the involvement of senior Nicaraguan government officials, including members of the Supreme Electoral Council, the National Assembly, and the judicial system, in acts of public corruption or human rights violations in Nicaragua. | {"src": "billsum_train", "title": "Nicaraguan Investment Conditionality Act (NICA) of 2016"} | 2,909 | 409 | 0.585164 | 2.142801 | 0.733661 | 6.016043 | 7.377005 | 0.973262 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sam Farr Peace Corps Enhancement
Act''.
SEC. 2. PROVISIONS FOR CURRENT AND FORMER VOLUNTEERS OF THE PEACE
CORPS.
(a) Enhanced Compensation Benefits.--
(1) In general.--Section 8142 of title 5, United States
Code, is amended--
(A) in subsection (c)--
(i) in paragraph (1), by striking ``GS-7''
and inserting ``GS-11''; and
(ii) by striking paragraph (2) and
redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(B) by adding at the end the following new
subsection:
``(d)(1) The Director of the Peace Corps shall provide the initial
furnishing of medical and other benefits under section 8103(b) of this
title to any former volunteer for the 180-day period beginning on the
date of termination of the service of such volunteer, to the extent
that the Director determines that such benefits are given with respect
to an injury that is probably compensable under this section (as such
term is defined for purposes of section 8103(b)). The provision of such
benefits may be authorized directly or by the certification of
vouchers, in accordance with section 8103(b).
``(2) A volunteer may not be provided medical or other benefits
pursuant to paragraph (1) unless the injury with respect to which such
benefits would be provided was proximately caused by the employment of
such volunteer under subsection (c)(2).
``(3) Notwithstanding the 180-day limitation period under paragraph
(1), a volunteer may receive medical or other benefits provided
pursuant to such paragraph with respect to an injury until the date on
which the Secretary of Labor makes a final determination with respect
to compensation for such injury under this section, if the volunteer
applied for such compensation before the last day of such limitation
period.
``(4) The Director shall require any employee of the Peace Corps
who provides health care to former volunteers under this subsection to
consult with health experts outside the Peace Corps, including experts
in mental health, in order to provide the best standard of care.''.
(2) Applicability.--The amendments made by paragraph (1)(A)
shall apply with respect to any compensation paid pursuant to
section 8142 of title 5, United States Code, on or after the
date of the enactment of this Act.
(b) Health Care for Volunteers; Criminal Liability for Acts Against
Volunteers.--Section 5 of the Peace Corps Act (22 U.S.C. 2504) is
amended--
(1) in subsection (e), by striking ``receive such
immunization and dental care preparatory to their service'' and
inserting ``receive, preparatory to their service, such
immunization and dental care, and (in accordance with
subsection (o)) such trial prescriptions'';
(2) in subsection (h)--
(A) by striking ``section, and'' and inserting
``section),''; and
(B) by inserting before the period at the end the
following: ``, and paragraph (3)(A)(i) of section 3502
of title 44, United States Code, with respect to the
collection of information under subchapter I of chapter
35 of such title by the Inspector General of the Peace
Corps''; and
(3) by adding at the end the following new subsections:
``(o) The Director of the Peace Corps may only prescribe mefloquine
to a volunteer, including as a trial prescription to a volunteer who
chooses to use such medication before such volunteer travels to a post,
on an individual basis and in accordance with relevant recommendations
or guidelines issued by the Director of the Centers for Disease Control
and Prevention or the Commissioner of Food and Drugs, after counseling
such volunteer about the benefits, risks, and side effects of each
available medication for the prophylaxis of malaria. The Director shall
monitor the volunteer during the course of such prescription for the
development of any side effects, evaluate the volunteer at the
completion of such course for evidence of neuropsychiatric symptoms,
and report to the Director of the Centers for Disease Control and
Prevention and the Commissioner of Food and Drugs any such side effects
or symptoms. A volunteer may only switch to the use of mefloquine from
another drug for the prophylaxis of malaria while serving at a post if
another medication for the prophylaxis of malaria is simultaneously
provided to such volunteer in a manner that ensures continuous
protection against malaria.
``(p) It is the policy of the United States to recognize the
importance of Peace Corps volunteers and the core function that such
volunteers play within the agency. The President should therefore
prioritize the provision of health care services and necessary safety
and security support for all volunteers.
``(q)(1) Whoever engages in conduct outside the United States
against a volunteer that would constitute an offense under any section
listed in paragraph (2) if the conduct had been engaged in within the
special maritime and territorial jurisdiction of the United States (as
defined in section 7 of title 18, United States Code) shall be punished
as provided for that offense.
``(2) The sections listed in this paragraph are sections 113, 1111,
1112, 1113, 1117 (to the extent that such section applies to section
1111), 1201, 2241, 2242, 2244, and 2261A of title 18, United States
Code.
``(3) For purposes of this subsection, paragraph (9)(B) (regarding
residences in foreign States) of section 7 of title 18, United States
Code, shall include the residences used by volunteers in foreign States
and the land appurtenant or ancillary thereto, irrespective of
ownership.''.
SEC. 3. PROVISIONS REGARDING EMPLOYEES OF THE PEACE CORPS.
Section 7 of the Peace Corps Act (22 U.S.C. 2506) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by inserting ``or paragraph
(8)'' after ``paragraph (6)''; and
(B) by adding at the end the following new
paragraph:
``(8)(A) The Director of the Peace Corps may designate a position
as a `critical management support position' if the position requires
specialized technical or professional skills and knowledge of Peace
Corps operations, such as positions that involve volunteer health
services, financial management, information technology, procurement,
personnel, legal services, or security.
``(B) Notwithstanding any limitation set forth in paragraph (2) and
subject to subparagraph (C), an appointment or assignment to a critical
management support position designated under subparagraph (A) of this
paragraph or an extension of such appointment or assignment shall be
for a term of not more than five years.
``(C) The Director shall ensure that any decision regarding an
appointment, assignment, or extension of such appointment or assignment
to a critical management support position shall be consistent with
Peace Corps policies and based on operational and programmatic
factors.''; and
(2) by adding at the end the following new subsection:
``(d)(1)(A) The President shall ensure that each overseas post has
the services of a medical office to provide health care to volunteers,
consistent in size and scope with the needs of the Peace Corps at such
post, including, if necessary, by detailing to any such post the
licensed medical staff of other United States departments, agencies, or
establishments.
``(B) An individual may be hired as a Peace Corps Medical Officer
after consideration of the following criteria:
``(i) Medical training, experience, accreditations, and
other qualifications.
``(ii) Administrative capabilities.
``(iii) Understanding of the local language and culture.
``(iv) Ability to work in the English language.
``(v) Interpersonal skills.
``(vi) Record of performance.
``(vii) Any other factors the Director of the Peace Corps
determines appropriate.
``(2) The Director of the Peace Corps shall ensure that each Peace
Corps Medical Officer serving in a malaria-endemic country receives
training in the recognition of the side effects caused by the use of
mefloquine and the data supporting the patient information handouts
required by the Food and Drug Administration regarding mefloquine,
including the potential capacity of the drug to cause permanent
neuropsychiatric effects.''.
SEC. 4. MONITORING TRAINING RECORDS.
Section 8 of the Peace Corps Act (22 U.S.C. 2507) is amended by
adding at the end the following new subsection:
``(c) The President shall implement procedures to maintain a
written record verifying the attendance of each individual completing
training provided to meet each requirement in this section and sections
8A, 8B, and 8F.''.
SEC. 5. ADDITIONAL DISCLOSURES TO APPLICANTS FOR ENROLLMENT AS
VOLUNTEERS.
Subsection (d) of section 8A of the Peace Corps Act (22 U.S.C.
2507a(d)) is amended to read as follows:
``(d) Information Regarding Crimes and Risks.--Each applicant for
enrollment as a volunteer shall be provided, with respect to the
country in which the applicant has been invited to serve, with
information regarding crimes against and risks to volunteers, including
an overview of past crimes against volunteers in such country, the
current early termination rate of volunteers serving in such country,
any health risks prevalent in such country, and the level of
satisfaction reported by volunteers serving in such country. Upon
receiving such information, the applicant shall have the option to
timely decline the invitation without retaliation and with priority to
be invited to serve in a different country.''.
SEC. 6. OFFICE OF VICTIM ADVOCACY.
Section 8C of the Peace Corps Act (22 U.S.C. 2507c) is amended by
striking subsection (e).
SEC. 7. REFORM AND EXTENSION OF THE SEXUAL ASSAULT ADVISORY COUNCIL.
Section 8D of the Peace Corps Act (22 U.S.C. 2507d) is amended--
(1) in subsection (b)--
(A) by striking ``not less than 8 individuals'' and
inserting ``not fewer than 8 and not more than 14
individuals'';
(B) by inserting after the first sentence the
following new sentence: ``At least one member shall
also have expertise in the field of mental health.'';
and
(C) by adding at the end the following new
sentence: ``There shall be no limit to the number of
terms an individual may serve as a member of the
Council.'';
(2) in subsection (c)--
(A) by inserting ``and the implementation of such
policy'' after ``section 8B''; and
(B) by adding at the end the following new
sentence: ``To carry out the functions in this
subsection, the Council shall have access, including to
interview or visit, to volunteers and staff in the
field, to volunteer surveys under section 8E, and to
all data collected from restricted reporting, except
that the Council may not have access to any personally
identifying information associated with such surveys or
data.''; and
(3) in subsection (g), by striking ``2018'' and inserting
``2023''.
SEC. 8. PUBLICATION REQUIREMENT FOR VOLUNTEER SURVEYS.
Section 8E of the Peace Corps Act (22 U.S.C. 2507e) is amended--
(1) in subsection (b), by inserting after the first
sentence the following new sentence: ``The President shall
ensure that each performance plan under this subsection for a
Peace Corps representative includes a consideration of the
results, with respect to such representative and the country of
service of such representative, of each survey under subsection
(c).''; and
(2) in subsection (c)--
(A) by striking ``2018'' in the first sentence and
inserting ``2023''; and
(B) by adding at the end the following new
sentences: ``The President shall publish on a publicly
available website of the Peace Corps the results of
each survey related to volunteer satisfaction in each
country in which volunteers serve, and the early
termination rate of volunteers serving in each such
country. The information published shall be posted in
an easily accessible place near the description of the
appropriate country and shall be written in an easily
understood manner.''.
SEC. 9. CONFIDENTIAL ACCESS TO THE SEXUAL ASSAULT ADVISORY COUNCIL FOR
VOLUNTEERS.
Section 8G of the Peace Corps Act (22 U.S.C. 2507g) is amended by
adding at the end the following new subsection:
``(d) Confidential Access.--
``(1) Confidential advisory council email.--The Sexual
Assault Advisory Council established under section 8D shall
establish an email address to permit volunteers (including
former volunteers) to communicate directly and confidentially
with such Council. No employee of the Peace Corps may access or
monitor the email received by or sent from such address.
``(2) Use of confidential email for case review.--Any
volunteer may write to the email address established under
paragraph (1) to request such Council to--
``(A) review the manner in which the Peace Corps
handled a case of such volunteer relating to sexual
assault; and
``(B) determine whether the Peace Corps acted in
accordance with all relevant policies.
``(3) Notification.--The Director shall ensure that every
volunteer and former volunteer is notified of the confidential
email address established under paragraph (1).''.
SEC. 10. EXPERTS AND CONSULTANTS FOR THE INSPECTOR GENERAL.
Section 13 of the Peace Corps Act (22 U.S.C. 2512) is amended--
(1) in subsection (a), by striking ``Section'' and
inserting ``section''; and
(2) by adding at the end the following new subsection:
``(c) An expert, consultant, or organization thereof employed
pursuant to subsection (a) by the Inspector General of the Peace Corps
may be compensated without regard to the daily equivalent of the
highest rate payable under section 5332 of title 5, United States
Code.''. | Sam Farr Peace Corps Enhancement Act This bill increases the monthly pay rate for Peace Corps volunteers. The Peace Corps shall provide initial medical care to a former volunteer for a service-related condition for 180 days after termination of service, which may be extended under specified circumstances. The bill grants the government jurisdiction over, and imposes penalties upon, persons who commit certain crimes outside of the United States against a volunteer. The bill sets forth provisions regarding the use of mefloquine and other anti-malaria drugs, including appropriate medical officer training. The Peace Corps Act is amended to authorize the designation of a position as a critical management support position if the position requires specialized technical or professional skills and knowledge of Peace Corps operations. An appointment may not exceed five years. The President shall ensure that each overseas post has appropriate medical services, including by detailing to such a post the licensed medical staff of other U.S. agencies. Each volunteer applicant shall be provided with information regarding crime and health risks and volunteer satisfaction with respect to the country in which the applicant has been invited to serve. The Office of Victim Advocacy in Peace Corps headquarters is made permanent. The bill: (1) expands membership of the Sexual Assault Advisory Council from 8 to up to 14 members, (2) requires at least one council member to have mental health field expertise, (3) extends the council through October 1, 2023, and (4) requires the council to establish an email address to permit volunteers and former volunteers to communicate directly and confidentially with the council. The President shall conduct annual volunteer surveys through September 30, 2023 (currently through September 30, 2018). The Inspector General of the Peace Corps may hire an expert, consultant, or organization without regard to certain daily salary requirements. | {"src": "billsum_train", "title": "Sam Farr Peace Corps Enhancement Act"} | 3,148 | 363 | 0.54212 | 1.828104 | 0.709924 | 2.87172 | 8.542274 | 0.854227 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Care Assessment and
Improvement Act of 2014''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Critical care medicine is the care for patients whose
illnesses or injuries present a significant danger to life,
limb, or organ function and require comprehensive care and
constant monitoring, usually in intensive care units (ICUs).
(2) Each year, approximately 5,000,000 people in the United
States are admitted into adult medical, surgical, pediatric, or
neonatal ICUs.
(3) Critical care medicine encompasses a wide array of
diseases and health issues. The care provided in the ICU is
highly specialized and complex due to the extreme severity of
illness of its patient population, often involving multiple
disease processes in different organ systems at the same time.
(4) Critical care medicine consumes a significant amount of
financial resources, accounting for more than 17 percent of all
hospital costs.
(5) According to a 2006 report by the Health Resources and
Services Administration (referred to in this section as
``HRSA''), demand in the United States for critical care
medical services is on the rise, due in part to the growing
elderly population, as individuals over the age of 65 consume a
large percentage of critical care services.
(6) The HRSA report also found that the growing aging
population will further exacerbate an existing shortage of
intensivists, the physicians certified in critical care who
primarily deliver care in intensive care units, potentially
compromising the quality and availability of care. Today,
intensivist-led teams treat only one-third of critically ill
patients despite substantial evidence that these teams lead to
improved outcomes.
(7) Ensuring the strength of our critical care medical
delivery infrastructure is integral to the improvement of the
quality and delivery of health care in the United States.
(b) Purpose.--The purpose of this Act is to assess the current
state of the United States critical care medical delivery system and
implement policies to improve the quality and effectiveness of care
delivered to the critically ill and injured.
SEC. 3. STUDIES ON CRITICAL CARE.
(a) Institute of Medicine Study.--
(1) In general.--The Secretary of Health and Human Services
(in this Act referred to as the ``Secretary'') shall enter into
an agreement with the Institute of Medicine under which, not
later than 1 year after the date of the enactment of this Act,
the Institute will--
(A) conduct an analysis of the current state of
critical care health services in the United States;
(B) develop recommendations to bolster critical
care capabilities to meet future demand; and
(C) submit to Congress a report including the
analysis and recommendations under subparagraphs (A)
and (B).
(2) Issues to be studied.--The agreement under paragraph
(1) shall, at a minimum, provide for the following:
(A) Analysis of the current critical care system in
the United States, including--
(i) the system's capacity and resources,
including the size of the critical care
workforce and the availability of health
information technology and medical equipment;
(ii) the system's strengths, limitations,
and future challenges; and
(iii) the system's ability to provide
adequate care for the critically ill or injured
in response to a national health emergency,
including a pandemic or natural disaster.
(B) Analysis and recommendations regarding
regionalizing critical care systems.
(C) Analysis regarding the status of critical care
research in the United States and recommendations for
future research priorities.
(b) Health Resources and Services Administration Study.--
(1) In general.--The Secretary shall review and update the
Health Resources and Services Administration's 2006 study
entitled ``The Critical Care Workforce: A Study of the Supply
and Demand for Critical Care Physicians''.
(2) Scope.--In carrying out paragraph (1), the Secretary
shall expand the scope of the study to address the supply and
demand of other providers within the spectrum of critical care
delivery, such as critical care nurses, mid-level providers
(such as physician assistants and nurse practitioners),
intensive care unit pharmacists, and intensive care unit
respiratory care practitioners.
SEC. 4. NIH CRITICAL CARE COORDINATING WORKING GROUP.
(a) Establishment.--The Secretary shall establish a working group
within the National Institutes of Health to be known as the Critical
Care Coordinating Working Group (in this section referred to as the
``Working Group'').
(b) Membership.--The Secretary shall ensure that the membership of
the Working Group includes representatives throughout the National
Institutes of Health and any other component of the Department of
Health and Human Services, as the Secretary determines appropriate to
increase agency coordination on critical care, and based on existing
resources, such as--
(1) the National Heart, Lung, and Blood Institute;
(2) the National Institute of Nursing Research;
(3) the Eunice Kennedy Shriver National Institute of Child
Health and Human Development;
(4) the National Institute of General Medical Sciences;
(5) the National Institute on Aging; and
(6) the National Institute of Minority Health.
(c) Duties.--The Working Group shall--
(1) serve as the focal point and catalyst across the
National Institutes of Health and any other component of the
Department of Health and Human Services, as the Secretary
determines appropriate for advancing research and research
training in the critical care setting;
(2) coordinate funding opportunities that involve multiple
components of the Department of Health and Human Services;
(3) catalyze the development of new funding opportunities;
(4) inform investigators about funding opportunities in
their areas of interest;
(5) represent the National Institutes of Health in
government-wide efforts to improve the Nation's critical care
system;
(6) coordinate the collection and analysis of information
on current research of the National Institutes of Health
relating to the care of the critically ill and injured and
identify gaps in such research;
(7) provide an annual report to the Director of the
National Institutes of Health regarding research efforts of the
Institutes relating to the care of the critically ill and
injured; and
(8) make recommendations in each such report on how to
strengthen partnerships within the National Institutes of
Health and between the Department of Health and Human Services
and public and private entities to expand collaborative, cross-
cutting research.
SEC. 5. CENTERS FOR MEDICARE AND MEDICAID INNOVATION CRITICAL CARE
DEMONSTRATION PROJECT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary shall carry out a demonstration
project under Section 1115A of the Social Security Act (42 U.S.C.
1315a), designed to improve the quality and efficiency of care provided
to critically ill and injured patients receiving critical care in
intensive care units or other areas of acute care hospitals.
(b) Activities Under Demonstration Project.--The activities
conducted under the demonstration project under subsection (a) may, in
addition to any other activity specified by the Center for Medicare and
Medicaid Innovation, include activities that seek to--
(1) improve the coordination and transitions of care to and
from an intensive care unit and the next point of care;
(2) incorporate value-based purchasing methodologies or
novel informatics, monitoring, or other methodologies to
eliminate error, improve outcomes, and reduce waste from the
delivery of critical care;
(3) improve prediction models that help health care
providers and hospitals identify patients at high risk for
requiring critical care services and streamline care delivery
to prevent unexpected hospital readmissions for critical
illnesses; and
(4) utilize bundled payment approaches and incentive care
redesign, such as efforts to facilitate and support
comprehensive team delivered care. | Critical Care Assessment and Improvement Act of 2014 - Requires studies on critical care health services by the Institute of Medicine and the Health Resources and Services Administration of the Department of Health and Human Services (HHS). Directs HHS to establish the Critical Care Coordinating Working Group within the National Institutes of Health (NIH) to: (1) advance research and research training in the critical care setting across NIH and HHS; (2) coordinate funding opportunities that involve multiple components of HHS; (3) catalyze the development of new funding opportunities; (4) inform investigators about funding opportunities; (5) represent NIH in government-wide efforts to improve the critical care system; (6) coordinate the collection and analysis of information on NIH research relating to critical care and identify gaps in this research; (7) report annually to the Director of NIH on NIH research efforts relating to critical care; and (8) make recommendations on how to strengthen partnerships within NIH and HHS and public and private entities to expand collaborative, cross-cutting research. Requires HHS to carry out a demonstration project to improve the quality and efficiency of critical care in acute care hospitals. | {"src": "billsum_train", "title": "Critical Care Assessment and Improvement Act of 2014"} | 1,651 | 255 | 0.522255 | 1.535547 | 0.724547 | 4.60181 | 7.307692 | 0.945701 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voter Choice Act of 2005''.
TITLE I--PERMITTING USE OF MULTISEAT DISTRICTS FOR HOUSE ELECTIONS
SEC. 101. MULTISEAT DISTRICTS PERMITTED FOR ELECTION OF REPRESENTATIVES
FOR STATES WITH A PROPORTIONAL VOTING SYSTEM.
(a) In General.--Notwithstanding the Act entitled ``An Act for the
relief of Doctor Ricardo Vallejo Samala and to provide for
congressional redistricting'', approved December 14, 1967 (Public Law
90-196; 2 U.S.C. 2c), a State that is entitled to more than one
Representative in Congress may establish a number of districts for
election of Representatives that is less than the number of
Representatives to which the State is entitled so long as
Representatives are elected under a system which meets the following
conditions:
(1) The system meets the constitutional standard of
majority rule and of individuals having equal voting power.
(2) The system ensures the election of any candidate in a
multiseat district who receives a share of votes cast that is
at least one vote greater than one-third of the total number of
votes cast in the district.
(3) The number of residents per Representative is equal for
all Representatives elected in the State.
(b) No Restriction on Selection.--Nothing in subsection (a)(2) may
be construed to prohibit a State from using a system under which a
candidate may be elected with less than one-third of the total votes
cast in a multiseat district.
(c) Single-Seat Districts Permitted in States Using Multiseat
Districts.--A State establishing multiseat districts under this title
may establish such districts for the election of all Representatives in
the State or in combination with one or more single-seat districts.
SEC. 102. RELATION TO VOTING RIGHTS ACT OF 1965.
The rights and remedies established by this title are in addition
to all other rights and remedies provided by law, and the rights and
remedies established by this title shall not supersede, restrict, or
limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973
et seq.). Nothing in this title authorizes or requires conduct that is
prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
TITLE II--INSTANT RUNOFF VOTING FOR FEDERAL ELECTIONS
SEC. 201. REQUIRING USE OF INSTANT RUNOFF VOTING FOR GENERAL ELECTIONS
FOR FEDERAL OFFICE.
(a) In General.--Notwithstanding any other provision of law and
except as provided in subsection (b), each State shall conduct general
elections for Federal office held in the State during 2008 and each
succeeding year using an instant runoff voting system, and shall ensure
that the voting equipment and technology used to conduct the elections
is compatible with such a system.
(b) Exception for House Elections in Multiseat Districts.--
Subsection (a) shall not apply with respect to any election for the
office of Member of the House of Representatives which is held in a
multiseat district (as provided in title I).
(c) Definitions.--In this title, the following definitions apply:
(1) The term ``Federal office'' has the meaning given such
term in section 301(3) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(3)).
(2) The term ``instant runoff voting system'' means a
system for the election of candidates under which--
(A) runoff counts of candidates are conducted in
rounds;
(B) voters may rank candidates on the ballot
according to the order of preference;
(C) if in any round no candidate receives a
majority of the votes cast, the candidate with the
fewest number of votes is eliminated and the remaining
candidates advance to the next round;
(D) in each round, a voter shall be considered to
have cast one vote for the candidate the voter ranked
highest on the ballot who has not been eliminated; and
(E) the runoff counts are carried out automatically
at the time the votes are cast and tabulated.
(3) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, Guam, and the United States Virgin Islands.
SEC. 202. GRANTS TO STATES TO DEFRAY COSTS OF ADMINISTERING INSTANT
RUNOFF VOTING SYSTEM.
(a) Establishment of Grant Program.--There is established a program
under which the Election Assistance Commission (hereafter in this title
referred to as the ``Commission'') shall make grants to eligible States
to defray the costs of administering an instant runoff voting system or
a proportional voting system, including the costs of purchasing voting
equipment, software, and other technology necessary for such a system.
(b) Plan for Program.--Not later than 60 days after the date of the
enactment of this Act, the Commission shall develop and make public a
plan describing the criteria to be used in the solicitation and
approval of applications for grants under this title and the criteria
to be used in overseeing the use of funds provided under such grants,
except that under such criteria the Commission may not require a State
to match any portion of the amount awarded as a condition of
eligibility.
(c) Eligibility of States.--
(1) In general.--A State is eligible to receive a grant
under the program under this section if it submits to the
Commission (in such form and manner as the Commission may
require) an application containing such information and
assurances as the Commission may require.
(2) Deadline for application.--The Commission may not
consider an application for a grant under this section unless
the application is submitted prior to the expiration of the 60-
day period which begins on the date the Commission makes public
the plan developed under subsection (b).
(3) Deadline for response.--The Commission shall approve or
reject an application submitted under this subsection not later
than 120 days after receiving the application.
(4) Criteria for rejection.--The Commission may not reject
an application submitted under this subsection unless it finds
that--
(A) the equipment, software, or other technology
used to administer elections in the State is not
compatible with an instant runoff voting system or a
proportional voting system; or
(B) the State does not provide for appropriate
education for voters, poll workers, and election
officials in the use of an instant runoff voting system
or a proportional voting system.
(d) Cap on Amount of Grant.--The amount of any grant awarded to a
State under the program under this section may not exceed the product
of--
(1) the number of residents in the State at the time the
grant is awarded (based on the most recent decennial census);
and
(2) $12.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the program under this section--
(1) $500,000,000 for fiscal year 2006; and
(2) such sums as may be necessary for fiscal year 2007 and
each succeeding fiscal year.
SEC. 203. RELATIONSHIP TO OTHER LAWS.
Nothing in this title may be construed to supersede or conflict
with the Voting Rights Act of 1965 (42 U.S.C. 1973aa et seq.) or the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.). | Voter Choice Act of 2005 - Authorizes a state entitled to more than one Representative in Congress to establish a number of districts for election of Representatives that is less than the number of Representatives to which the state is entitled, as long as the Representatives are elected: (1) under a system meeting the constitutional standard of majority rule and of individuals having equal voting power; (2) the system ensures the election of any candidate in a multiseat district who receives a share of votes cast that is at least one vote greater than one-third of the total number of votes cast in the district; and (3) the number of residents per Representative is equal for all Representatives elected in the state.
Requires each state to conduct general elections for federal office held in the state during 2008 and each succeeding year using an instant runoff voting system, and ensure that the voting equipment and technology used to conduct the elections is compatible with such a system.
Establishes a program under which the Election Assistance Commission shall make grants to eligible states to defray the costs of administering an instant runoff voting system or a proportional voting system. | {"src": "billsum_train", "title": "To provide that a State may use a proportional voting system for multiseat congressional districts, to require the use of instant runoff voting in certain elections for Federal office, and for other purposes."} | 1,711 | 241 | 0.658847 | 1.892398 | 0.785082 | 8.074074 | 6.837963 | 0.990741 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Americans Safe Act''.
SEC. 2. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended by
inserting after paragraph (29) the following:
``(30) The term `large capacity ammunition feeding device'--
``(A) means a magazine, belt, drum, feed strip, helical
feeding device, or similar device, including any such device
joined or coupled with another in any manner, that has an
overall capacity of, or that can be readily restored, changed,
or converted to accept, more than 10 rounds of ammunition; and
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.
``(31) The term `qualified law enforcement officer' has the meaning
given the term in section 926B.''.
SEC. 3. RESTRICTIONS ON LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) In General.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (u) the following:
``(v)(1) It shall be unlawful for a person to import, sell,
manufacture, transfer, or possess, in or affecting interstate or
foreign commerce, a large capacity ammunition feeding device.
``(2) Paragraph (1) shall not apply to the possession of any large
capacity ammunition feeding device otherwise lawfully possessed on or
before the date of enactment of the Keep Americans Safe Act.
``(3) Paragraph (1) shall not apply to--
``(A) the importation for, manufacture for, sale to,
transfer to, or possession by the United States or a department
or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a sale or
transfer to or possession by a qualified law enforcement
officer employed by the United States or a department or agency
of the United States or a State or a department, agency, or
political subdivision of a State for purposes of law
enforcement (whether on or off-duty), or a sale or transfer to
or possession by a campus law enforcement officer for purposes
of law enforcement (whether on or off-duty);
``(B) the importation for, or sale or transfer to a
licensee under title I of the Atomic Energy Act of 1954 for
purposes of establishing and maintaining an on-site physical
protection system and security organization required by Federal
law, or possession by an employee or contractor of such
licensee on-site for such purposes or off-site for purposes of
licensee-authorized training or transportation of nuclear
materials;
``(C) the possession, by an individual who is retired in
good standing from service with a law enforcement agency and is
not otherwise prohibited from receiving ammunition, of a large
capacity ammunition feeding device--
``(i) sold or transferred to the individual by the
agency upon such retirement; or
``(ii) that the individual purchased, or otherwise
obtained, for official use before such retirement; or
``(D) the importation, sale, manufacture, transfer, or
possession of any large capacity ammunition feeding device by a
licensed manufacturer or licensed importer for the purposes of
testing or experimentation authorized by the Attorney General.
``(4) For purposes of paragraph (3)(A), the term `campus law
enforcement officer' means an individual who is--
``(A) employed by a private institution of higher education
that is eligible for funding under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
``(B) responsible for the prevention or investigation of
crime involving injury to persons or property, including
apprehension or detention of persons for such crimes;
``(C) authorized by Federal, State, or local law to carry a
firearm, execute search warrants, and make arrests; and
``(D) recognized, commissioned, or certified by a
government entity as a law enforcement officer.''.
(b) Identification Markings for Large Capacity Ammunition Feeding
Devices.--Section 923(i) of title 18, United States Code, is amended by
adding at the end the following: ``A large capacity ammunition feeding
device manufactured after the date of enactment of the Keep Americans
Safe Act shall be identified by a serial number and the date on which
the device was manufactured or made, legibly and conspicuously engraved
or cast on the device, and such other identification as the Attorney
General shall by regulations prescribe.''.
(c) Seizure and Forfeiture of Large Capacity Ammunition Feeding
Devices.--Section 924(d) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``or large capacity ammunition
feeding device'' after ``firearm or ammunition'' each
place the term appears;
(B) by inserting ``or large capacity ammunition
feeding device'' after ``firearms or ammunition'' each
place the term appears; and
(C) by striking ``or (k)'' and inserting ``(k), or
(v)'';
(2) in paragraph (2)(C), by inserting ``or large capacity
ammunition feeding devices'' after ``firearms or quantities of
ammunition''; and
(3) in paragraph (3)(E), by inserting ``922(v),'' after
``922(n),''.
SEC. 4. PENALTIES.
Section 924(a)(1)(B) of title 18, United States Code, is amended by
striking ``or (q)'' and inserting ``(q), or (v)''.
SEC. 5. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR LARGE CAPACITY
AMMUNITION FEEDING DEVICES.
Section 501(a)(1) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the
end the following:
``(I) Compensation for surrendered large capacity
ammunition feeding devices, as that term is defined in
section 921 of title 18, United States Code, under buy-
back programs for large capacity ammunition feeding
devices.''.
SEC. 6. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby. | Keep Americans Safe Act This bill amends the federal criminal code to make it a crime to knowingly import, sell, manufacture, transfer, or possess a large capacity ammunition feeding device (LCAFD). The bill does not prohibit, with respect to an LCAFD: importation, sale, manufacture, transfer, or possession related to certain law enforcement efforts, or authorized tests or experiments; importation, sale, transfer, or possession related to securing nuclear materials; and possession by a retired law enforcement officer. The bill permits continued possession of, but prohibits sale or transfer of, a grandfathered LCAFD. Newly manufactured LCAFDs must display serial number identification and the date of manufacture. The bill also amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow a state or local government to use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender an LCAFD under a buy-back program. | {"src": "billsum_train", "title": "Keep Americans Safe Act"} | 1,503 | 206 | 0.465627 | 1.375047 | 0.818429 | 2.258427 | 7.730337 | 0.730337 |
SECTION 1. MOVING TOWARD TRANSPORTATION ACCOUNTABILITY.
Chapter 53 of title 49, United States Code, is amended by adding at
the end the following:
``Sec. 5341. Transportation accountability
``(a) Definitions.--In this section:
``(1) Metropolitan planning organization.--The term
`metropolitan planning organization' means an organization
designated as a metropolitan planning organization under
section 5303(d) of this title or section 134(d) of title 23.
``(2) Pilot program.--The term `pilot program' means the
pilot program established under this section.
``(3) Program participant.--The term `program participant'
means a State or metropolitan planning organization selected by
the Secretary to participate in the pilot program.
``(4) National transportation goals.--The term `national
transportation goals' includes--
``(A) improving the connection of individuals and
goods throughout the United States;
``(B) providing improved and efficient access to
jobs and services throughout metropolitan areas;
``(C) promoting economic growth and enhanced
commercial productivity;
``(D) integrating energy security and environmental
protection objectives with transportation policy; and
``(E) improving safety by reducing fatalities and
injuries.
``(5) Transportation investment.--The term `transportation
investment' means Federal funding for a project included in a
transportation program.
``(6) Transportation program.--The term `transportation
program' means a plan or strategy prepared by a metropolitan
planning organization or a State for transportation systems and
facilities in the metropolitan planning area or the State,
including a transportation plan, transportation improvement
program, statewide transportation plan, or statewide
transportation improvement program developed under section 5303
or 5304 of this title or section 134 or 135 of title 23.
``(b) Establishment of Pilot Program.--
``(1) In general.--The Secretary shall establish a pilot
program under which the Secretary shall conduct case studies of
States and metropolitan planning organizations that are
designed to--
``(A) provide more detailed, in-depth analysis and
data collection with respect to transportation
programs; and
``(B) apply rigorous methods of measuring and
addressing the effectiveness of program participants in
achieving national transportation goals.
``(2) Preliminary requirements.--
``(A) Solicitation.--The Secretary shall solicit
applications to participate in the pilot program from
States and metropolitan planning organizations.
``(B) Notification.--A State or metropolitan
planning organization that desires to participate in
the pilot program shall notify the Secretary of such
desire before a date determined by the Secretary.
``(C) Selection.--
``(i) Number of program participants.--The
Secretary shall select to participate in the
pilot program--
``(I) not fewer than 3, and not
more than 5, States; and
``(II) not fewer than 3, and not
more than 5, metropolitan planning
organizations.
``(ii) Timing.--The Secretary shall select
program participants not later than 3 months
after the date of enactment of this section.
``(iii) Diversity of program
participants.--The Secretary shall, to the
extent practicable, select program participants
that represent a broad range of geographic and
demographic areas (including rural and urban
areas) and types of transportation programs.
``(c) Case Studies.--
``(1) Baseline report.--Not later than 6 months after the
date of enactment of this section, each program participant
shall submit to the Secretary a baseline report that--
``(A) describes the reporting and data collection
processes of the program participant for transportation
investments that are in effect on the date of the
report;
``(B) assesses how effective the program
participant is in achieving national transportation
goals;
``(C) describes potential improvements to the
methods and metrics used to measure the effectiveness
of the program participant in achieving national
transportation goals and the hindrances to implementing
such improvements; and
``(D) includes an assessment of whether, and
specific reasons why, the preparation and submission of
the baseline report may be limited, incomplete, or
unduly burdensome, including any recommendations for
facilitating the preparation and submission of similar
reports in the future.
``(2) Evaluation.--Each program participant shall work
cooperatively with the Secretary to evaluate the methods and
metrics used to measure the effectiveness of the program
participant in achieving national transportation goals,
including by--
``(A) considering the degree to which such methods
and metrics take into account--
``(i) the factors that influence the
effectiveness of the program participant in
achieving national transportation goals;
``(ii) all modes of transportation; and
``(iii) the transportation program as a
whole, rather than individual projects within
the transportation program; and
``(B) identifying steps that could be used to
implement the potential improvements identified under
paragraph (1)(C).
``(3) Final report.--Not later than 18 months after the
date of enactment of this section, each program participant
shall submit to the Secretary a comprehensive final report
that--
``(A) contains an updated assessment of the
effectiveness of the program participant in achieving
national transportation goals; and
``(B) describes the ways in which the performance
of the program participant in collecting and reporting
data and carrying out the transportation program of the
program participant has improved or otherwise changed
since the date of submission of the baseline report
under subparagraph (A).
``(4) Training, technical support, guidance.--
``(A) In general.--The Secretary, in consultation
with the Deputy Director for Management of the Office
of Management and Budget, shall--
``(i) provide training, technical support,
and methodological guidance to program
participants in--
``(I) improving data collection
processes; and
``(II) preparing the reports, and
making the evaluation required under
this subsection;
``(ii) facilitate coordination,
collaboration, and information sharing between
program participants; and
``(iii) provide direction with respect to
the nature of reports submitted by program
participants, including collaborating with
program participants to prepare the final
report required under paragraph (3).
``(B) Financial assistance.--The Secretary may
provide financial assistance to a program participant,
as the Secretary determines is necessary to assist the
program participant in carrying out the activities
required under this subsection.
``(5) Coordination between states and metropolitan planning
organizations.--To the extent practicable, a program
participant shall coordinate the activities required under this
subsection--
``(A) with the department of transportation (or
equivalent agency) of the State, if the program
participant is a metropolitan planning organization; or
``(B) with the metropolitan planning organizations
in the State, if the program participant is a State.
``(d) Federal Plan for Measuring the Effectiveness of
Transportation Programs in Achieving National Transportation Goals.--
``(1) In general.--Not later than 21 months after the date
of enactment of this Act, and after an analysis of the case
studies under subsection (c), the Secretary shall develop and
implement a plan for the Department of Transportation to use
outcome-oriented performance measures to evaluate the
effectiveness of transportation programs in achieving national
transportation goals.
``(2) Contents of plan.--The plan developed under paragraph
(1) shall include--
``(A) an efficient method for reporting the
effectiveness of transportation programs in achieving
national transportation goals that is based on
requirements applicable to States and metropolitan
planning organizations under sections 5303 and 5304 of
this title and sections 134 and 135 of title 23;
``(B) effective measures of the outcome or
performance of transportation programs--
``(i) across all modes of transportation;
and
``(ii) with respect to the transportation
program as a whole, rather than individual
projects within the transportation program; and
``(C) a strategy to ensure that the Secretary
continuously refines and standardizes data elements,
models, and other estimating methods to steadily
improve public and political confidence in the use of
the outcome-oriented performance measures established
under paragraph (1) as a basis for making
transportation investments.
``(3) Availability of plan.--The Secretary shall make the
plan developed under paragraph (1) available to the public on
the website of the Department of Transportation.
``(e) Comprehensive Report to Congress.--Not later than 21 months
after the date of enactment of this section, the Secretary shall submit
to Congress a comprehensive report on the pilot program that includes--
``(1) a summary of the results of the case studies under
subsection (c);
``(2) the plan developed under subsection (d);
``(3) a summary of lessons learned with respect to
challenges encountered by each program participant; and
``(4) recommendations, if any, for legislation to improve--
``(A) the guidance provided to States and
metropolitan planning organizations for generating and
collecting sound, outcome-based data; and
``(B) data-based performance measurement, analysis,
and accountability for transportation programs.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated from the Highway Trust Fund to carry out this section,
$15,000,000 for the 2-year period beginning on the date of enactment of
this section.''.
SEC. 2. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Directs the Secretary of Transportation (DOT) to establish a pilot program under which the Secretary conducts case studies of states and metropolitan planning organizations that are designed to: (1) provide more detailed, in-depth analysis and data collection regarding transportation programs; and (2) apply rigorous methods of measuring and addressing the effectiveness of pilot program participants in achieving national transportation goals.
Requires states and metropolitan planning organizations participating in the program to work cooperatively with the Secretary to: (1) evaluate the methods and metrics they use in measuring their effectiveness in achieving national transportation goals, and (2) identify steps to improve those methods and metrics.
Authorizes the Secretary to provide financial assistance to program participants to assist them in these efforts.
Directs the Secretary, within 21 months of this Act's enactment, to analyze the pilot program case studies and develop and implement a plan for the DOT to use outcome-oriented performance measures to evaluate the effectiveness of transportation programs in achieving national transportation goals. | {"src": "billsum_train", "title": "A bill to require the Secretary of Transportation to establish a pilot program to increase accountability with respect to outcomes of transportation investments, and for other purposes."} | 2,125 | 202 | 0.657205 | 1.533812 | 1.233544 | 3.59375 | 10.75 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Financial Assistance
Management Improvement Act of 2009''.
SEC. 2. REAUTHORIZATION.
Section 11 of the Federal Financial Assistance Management
Improvement Act of 1999 (31 U.S.C. 6101 note) is amended--
(1) in the section heading, by striking ``and sunset''; and
(2) by striking ``and shall cease to be effective 8 years
after such date of enactment''.
SEC. 3. WEBSITE RELATING TO FEDERAL GRANTS.
Section 6 of the Federal Financial Assistance Management
Improvement Act of 1999 (31 U.S.C. 6101 note) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(2) by inserting after subsection (d) the following:
``(e) Website Relating to Federal Grants.--
``(1) In general.--The Director shall establish and
maintain a public website that serves as a central point of
information and access for applicants for Federal grants.
``(2) Contents.--To the maximum extent possible, the
website established under this subsection shall include, at a
minimum, for each Federal grant--
``(A) the grant announcement;
``(B) the statement of eligibility relating to the
grant;
``(C) the application requirements for the grant;
``(D) the purposes of the grant;
``(E) the Federal agency funding the grant; and
``(F) the deadlines for applying for and awarding
of the grant.
``(3) Use by applicants.--The website established under
this subsection shall, to the greatest extent practical, allow
grant applicants to--
``(A) search the website for all Federal grants by
type, purpose, funding agency, program source, and
other relevant criteria;
``(B) apply for a Federal grant using the website;
``(C) manage, track, and report on the use of
Federal grants using the website; and
``(D) provide all required certifications and
assurances for a Federal grant using the website.'';
and
(3) in subsection (g), as so redesignated, by striking
``All actions'' and inserting ``Except for actions relating to
establishing the website required under subsection (e), all
actions''.
SEC. 4. REPORT ON IMPLEMENTATION.
The Federal Financial Assistance Management Improvement Act of 1999
(31 U.S.C. 6101 note) is amended by striking section 7 and inserting
the following:
``SEC. 7. EVALUATION OF IMPLEMENTATION.
``(a) In General.--Not later than 9 months after the date of
enactment of the Federal Financial Assistance Management Improvement
Act of 2009, and every 2 years thereafter until the date that is 15
years after the date of enactment of the Federal Financial Assistance
Management Improvement Act of 2009, the Director shall submit to
Congress a report regarding the implementation of this Act.
``(b) Contents.--
``(1) In general.--Each report under subsection (a) shall
include, for the applicable period--
``(A) a list of all grants for which an applicant
may submit an application using the website established
under section 6(e);
``(B) a list of all Federal agencies that provide
Federal financial assistance to non-Federal entities;
``(C) a list of each Federal agency that has
complied, in whole or in part, with the requirements of
this Act;
``(D) for each Federal agency listed under
subparagraph (C), a description of the extent of the
compliance with this Act by the Federal agency;
``(E) a list of all Federal agencies exempted under
section 6(d);
``(F) for each Federal agency listed under
subparagraph (E)--
``(i) an explanation of why the Federal
agency was exempted; and
``(ii) a certification that the basis for
the exemption of the Federal agency is still
applicable;
``(G) a list of all common application forms that
have been developed that allow non-Federal entities to
apply, in whole or in part, for multiple Federal
financial assistance programs (including Federal
financial assistance programs administered by different
Federal agencies) through a single common application;
``(H) a list of all common forms and requirements
that have been developed that allow non-Federal
entities to report, in whole or in part, on the use of
funding from multiple Federal financial assistance
programs (including Federal financial assistance
programs administered by different Federal agencies);
``(I) a description of the efforts made by the
Director and Federal agencies to communicate and
collaborate with representatives of non-Federal
entities during the implementation of the requirements
under this Act;
``(J) a description of the efforts made by the
Director to work with Federal agencies to meet the
goals of this Act, including a description of working
groups or other structures used to coordinate Federal
efforts to meet the goals of this Act; and
``(K) identification and description of all systems
being used to disburse Federal financial assistance to
non-Federal entities.
``(2) Subsequent reports.--The second report submitted
under subsection (a), and each subsequent report submitted
under subsection (a), shall include--
``(A) a discussion of the progress made by the
Federal Government in meeting the goals of this Act,
including the amendments made by the Federal Financial
Assistance Management Improvement Act of 2009, and in
implementing the strategic plan submitted under section
8, including an evaluation of the progress of each
Federal agency that has not received an exemption under
section 6(d) towards implementing the strategic plan;
and
``(B) a compilation of the reports submitted under
section 8(c)(3) during the applicable period.
``(c) Definition of Applicable Period.--In this section, the term
`applicable period' means--
``(1) for the first report submitted under subsection (a),
the most recent full fiscal year before the date of the report;
and
``(2) for the second report submitted under subsection (a),
and each subsequent report submitted under subsection (a), the
period beginning on the date on which the most recent report
under subsection (a) was submitted and ending on the date of
the report.''.
SEC. 5. STRATEGIC PLAN.
(a) In General.--The Federal Financial Assistance Management
Improvement Act of 1999 (31 U.S.C. 6101 note) is amended--
(1) by redesignating sections 8, 9, 10, and 11 as sections
9, 10, 11, and 12, respectively; and
(2) by inserting after section 7, as amended by this Act,
the following:
``SEC. 8. STRATEGIC PLAN.
``(a) In General.--Not later than 18 months after the date of
enactment of the Federal Financial Assistance Management Improvement
Act of 2009, the Director shall submit to Congress a strategic plan
that--
``(1) identifies Federal financial assistance programs that
are suitable for common applications based on the common or
similar purposes of the Federal financial assistance;
``(2) identifies Federal financial assistance programs that
are suitable for common reporting forms or requirements based
on the common or similar purposes of the Federal financial
assistance;
``(3) identifies common aspects of multiple Federal
financial assistance programs that are suitable for common
application or reporting forms or requirements;
``(4) identifies changes in law, if any, needed to achieve
the goals of this Act; and
``(5) provides plans, timelines, and cost estimates for--
``(A) developing an entirely electronic, web-based
process for managing Federal financial assistance,
including the ability to--
``(i) apply for Federal financial
assistance;
``(ii) track the status of applications for
and payments of Federal financial assistance;
``(iii) report on the use of Federal
financial assistance, including how such use
has been in furtherance of the objectives or
purposes of the Federal financial assistance;
and
``(iv) provide required certifications and
assurances;
``(B) ensuring full compliance by Federal agencies
with the requirements of this Act, including the
amendments made by the Federal Financial Assistance
Management Improvement Act of 2009;
``(C) creating common applications for the Federal
financial assistance programs identified under
paragraph (1), regardless of whether the Federal
financial assistance programs are administered by
different Federal agencies;
``(D) establishing common financial and performance
reporting forms and requirements for the Federal
financial assistance programs identified under
paragraph (2), regardless of whether the Federal
financial assistance programs are administered by
different Federal agencies;
``(E) establishing common applications and
financial and performance reporting forms and
requirements for aspects of the Federal financial
assistance programs identified under paragraph (3),
regardless of whether the Federal financial assistance
programs are administered by different Federal
agencies;
``(F) developing mechanisms to ensure compatibility
between Federal financial assistance administration
systems and State systems to facilitate the importing
and exporting of data;
``(G) developing common certifications and
assurances, as appropriate, for all Federal financial
assistance programs that have common or similar
purposes, regardless of whether the Federal financial
assistance programs are administered by different
Federal agencies; and
``(H) minimizing the number of different systems
used to disburse Federal financial assistance.
``(b) Consultation.--In developing and implementing the strategic
plan under subsection (a), the Director shall consult with
representatives of non-Federal entities and Federal agencies that have
not received an exemption under section 6(d).
``(c) Federal Agencies.--
``(1) In general.--Not later than 6 months after the date
on which the Director submits the strategic plan under
subsection (a), the head of each Federal agency that has not
received an exemption under section 6(d) shall develop a plan
that describes how the Federal agency will carry out the
responsibilities of the Federal agency under the strategic
plan, which shall include--
``(A) clear performance objectives and timelines
for action by the Federal agency in furtherance of the
strategic plan; and
``(B) the identification of measures to improve
communication and collaboration with representatives of
non-Federal entities on an on-going basis during the
implementation of this Act.
``(2) Consultation.--The head of each Federal agency that
has not received an exemption under section 6(d) shall consult
with representatives of non-Federal entities during the
development and implementation of the plan of the Federal
agency developed under paragraph (1).
``(3) Reporting.--Not later than 2 years after the date on
which the head of a Federal agency that has not received an
exemption under section 6(d) develops the plan under paragraph
(1), and every 2 years thereafter until the date that is 15
years after the date of enactment of the Federal Financial
Assistance Management Improvement Act of 2009, the head of the
Federal agency shall submit to the Director a report regarding
the progress of the Federal agency in achieving the objectives
of the plan of the Federal agency developed under paragraph
(1).''.
(b) Technical and Conforming Amendment.--Section 5(d) of the
Federal Financial Assistance Management Improvement Act of 1999 (31
U.S.C. 6101 note) is amended by inserting ``, until the date on which
the Federal agency submits the first report by the Federal agency
required under section 8(c)(3)'' after ``subsection (a)(7)''.
Passed the Senate March 17, 2009.
Attest:
NANCY ERICKSON,
Secretary. | Federal Financial Assistance Management Improvement Act of 2009 - (Sec. 2) Amends the Federal Financial Assistance Management Improvement Act of 1999 (FFAMIA) to repeal its termination date (thus extending it indefinitely).
(Sec. 3) Requires the Director of the Office of Management and Budget (OMB) to establish and maintain a public website, meeting specified criteria, that serves as a central point of information and access for federal grant applicants, including grant: (1) announcements; (2) statements of eligibility; (3) application requirements; (4) purposes; (5) federal agency providers; and (6) deadlines for applying and awarding.
Requires the website to allow grant applicants to apply for grants on it, among other uses.
(Sec. 4) Requires OMB to report to Congress on: (1) the implementation of FFAMIA; and (2) a strategic plan specifying federal financial assistance progams suitable for common applications and reporting forms or requirements, changes in law (if any) needed to achieve the goals of this Act, and plans, timeliness, and cost estimates for developing an entirely electronic, web-based process for managing federal financial assistance.
(Sec. 5) Requires the head of each federal agency that has not been exempted from FFAMIA to develop a plan that describes how it will carry out its responsibilities under the strategic plans.
(Sec. 6) Requires OMB to adopt: (1) a single data standard for the collection, analysis, and dissemination of business and financial information for use by private sector entities for information required to be reported to the federal government; and (2) a separate single data standard for the use by federal agencies for federal financial information.
Requires each federal agency to require the use of the single data standard for information the private sector must report to agencies for: (1) all applications for federal financial assistance; and (2) all reports on the use of such assistance that the agency requires non-federal entities to submit. | {"src": "billsum_train", "title": "A bill to reauthorize and improve the Federal Financial Assistance Management Improvement Act of 1999."} | 2,516 | 433 | 0.592069 | 1.88746 | 0.778705 | 2.617722 | 6.260759 | 0.870886 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arapaho-Roosevelt National Forests
Land Exchange Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since 1967, the Sugar Loaf Fire Protection District,
located west of Boulder, Colorado, has owned and operated two
fire stations on National Forest System land pursuant to
special use permits issued by the Forest Service.
(2) The Sugar Loaf Fire Protection District seeks ownership
of the land on which the fire stations are situated so that the
District can establish an area for fire fighter training,
install bathroom facilities in the stations, and expand the
stations in the future.
(3) The National Forest System land containing the fire
stations consists of approximately 5.08 acres and are of
limited utility for public administration, recreation, or any
other use since the land has been occupied by the stations for
30 years.
(4) The Sugar Loaf Fire Protection District owns a parcel
of non-Federal land consisting of approximately 5.17 acres that
the District is willing to convey to the United States in
exchange for the National Forest System land containing the
fire stations.
(5) The non-Federal land offered by the Sugar Loaf Fire
Protection District, if conveyed to the United States, is
suitable for addition to the Arapaho-Roosevelt National
Forests, will eliminate an isolated inholding in the National
Forests, result in administrative cost savings to the United
States by reducing costs of forest boundary administration, and
provide the United States with environmental and public
recreational use benefits that greatly exceed the benefits of
the National Forest System land containing the fire stations.
(6) It is in the public interest to direct, expedite, and
facilitate completion of a land exchange involving these
Federal and non-Federal lands to enable the Sugar Loaf Fire
Protection District to better provide fire protection services
for residents of the District, residents of neighboring
districts and persons who travel through the District on
Colorado Highway 119, and National Forest System land within or
adjacent to the District.
SEC. 3. LAND EXCHANGE, ARAPAHO-ROOSEVELT NATIONAL FORESTS, COLORADO.
(a) Conveyance of Non-Federal Land.--The land exchange directed by
this section shall proceed if, within 30 days after the date of the
enactment of this Act, the Sugar Loaf Fire Protection District of
Boulder, Colorado (in this section referred to as the ``District''),
offers to convey title acceptable to the United States in and to a
parcel of land consisting of approximately 5.17 acres located in
unincorporated Boulder County, Colorado, between the communities of
Boulder and Nederland, as depicted on a map entitled ``Non-Federal
Lands--Hibernian Load'' and dated November, 2006.
(b) Conveyance of Federal Land.--Upon receipt of acceptable title
in and to the non-Federal lands identified in subsection (a), the
Secretary of Agriculture shall convey to the District all right, title,
and interest of the United States in and to a parcel of National Forest
System land within the Arapaho-Roosevelt National Forests, Colorado,
consisting of approximately 5.08 acres, as generally depicted on maps
entitled ``Sugar Loaf Federal Lands--Station 1'' and ``Sugar Loaf
Federal Lands--Station 2'', and dated November 2006.
(c) Appraisals.--The values of the non-Federal land identified in
subsection (a) and the Federal lands identified in subsection (b) shall
be determined by the Secretary through appraisals performed in
accordance with the Uniform Appraisal Standards for Federal Land
Acquisitions (December 20, 2000) and the Uniform Standards of
Professional Appraisal Practice. The encumbrance on the Federal land
granted by subsection (g) before its conveyance shall not be considered
for purposes of the appraisal of the land.
(d) Valuation.--
(1) Surplus of non-federal value.--If the final appraised
value, as approved by the Secretary, of the non-Federal lands
identified in subsection (a) exceeds the final appraised value,
as approved by the Secretary, of the Federal land identified in
subsection (b), the values may be equalized--
(A) by reducing the acreage of the non-Federal
lands to be conveyed, as determined appropriate and
acceptable by the Secretary and the District;
(B) by the Secretary making a cash equalization
payment to the District, 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) by a combination of acreage reduction and cash
equalization payment.
(2) Surplus of federal value.--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 lands
identified in subsection (a), and the Secretary declines to
accept the non-Federal lands because of inadequate appraised
value, the District shall make a cash equalization payment to
the Secretary in such amount as may be necessary to equalize
the values of the lands to be exchanged.
(e) Exchange Costs.--As a condition on the land exchange under this
section and in order to expedite the land exchange and to save
administrative costs to the United States, the District shall be
required to cover the costs of the following:
(1) Any necessary land surveys of the Non-Federal land or
Federal land to be exchanged.
(2) The appraisals under subsection (c).
(f) Completion of Exchange.--It is the sense of Congress that the
land exchange directed by this section should be completed not later
than 120 days after the date of the enactment of this Act.
(g) Interim Use of Federal Land.--Pending completion of the land
exchange directed by this section, the District may commence
modification of the fire stations located on the Federal land
identified in subsection (b) without further action or authorization by
the Secretary, except that, before initiating any construction in
connection with the modifications, the District shall execute and
submit to the Secretary a legal document that--
(1) permanently holds the United States harmless for any
and all liability arising from the construction;
(2) indemnifies the United States against any costs arising
from the United States' ownership of the Federal land and any
actions, operations, or other acts of the District or its
licensees, employees, or agents in undertaking the construction
or engaging in other acts on the Federal land before its
conveyance to the District.
(h) Alternative Sale Authority.--If the land exchange directed by
this section is not completed for any reason, the Secretary may sell
the Federal land identified in subsection (b) to the District at its
final appraised value, as determined under subsection (c).
(i) Use of Proceeds.--Any consideration received under subsection
(h) and any cash equalization payment received under subsection (d)(2)
shall be deposited in the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a). The amount so
deposited shall be available to the Secretary, without further
appropriation, for expenditure for the acquisition of land and
interests in land for addition to the National Forest System in the
State of Colorado.
(j) Incorporation, Management, and Status of Acquired Land.--The
non-Federal land identified in subsection (a) acquired by the United
States in the land exchange shall become part of the Arapaho-Roosevelt
National Forests, and the boundary of such national forests is
modified, without further action by the Secretary, to incorporate the
non-Federal land. Upon its acquisition, the land shall be administered
in accordance with the laws generally applicable to the National Forest
System. For purposes of section 7 of the Land and Water Conservation
Fund Act of l965 (16 U.S.C. 460l-9), the boundaries of the Arapaho-
Roosevelt National Forests, as modified by this subsection, shall be
deemed to be the boundaries of such national forests as of January 1,
1965.
(k) Technical Corrections.--The Secretary, with the agreement of
the District, may make technical corrections or correct clerical errors
in the maps referred to in this section or adjust the boundaries of the
Arapaho-Roosevelt National Forests to leave the United States with a
manageable post-exchange or sale boundary. In the event of any
discrepancy between a map, acreage estimate, or legal description, the
map shall prevail unless the Secretary and the District agree
otherwise.
(l) Revocation of Orders and Withdrawal.--Any public orders
withdrawing any of the Federal lands identified in subsection (b) from
appropriation or disposal under the public land laws are hereby revoked
to the extent necessary to permit conveyance of the Federal lands. 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 l970 (30 U.S.C. 1001 et seq.), the Federal
land is hereby withdrawn until the date of its conveyance to the
District. | Arapaho-Roosevelt National Forests Land Exchange Act of 2007 - Directs the Secretary of Agriculture, upon receipt of acceptable title to specified land in Boulder county, Colorado, between the communities of Boulder and Nederland (the non-federal land) offered by the Sugar Loaf Fire Protection District to the United States, to convey to the District, in exchange for such non-federal land, National Forest System land within the Arapaho-Roosevelt National Forests in Colorado (the federal lands).
Permits the District, pending completion of the land exchange, to commence modification of the fire stations on the federal land.
Provides for the non-federal land to become part of the Arapaho-Roosevelt National Forests and modifies the boundary of such National Forests to incorporate such land.
Revokes any public orders withdrawing any of the federal lands from appropriation or disposal under the public land laws to the extent necessary to permit conveyance of such lands. | {"src": "billsum_train", "title": "To provide for the exchange of certain lands in the Arapaho-Roosevelt National Forests in the State of Colorado with the Sugar Loaf Fire Protection District, and for other purposes."} | 2,110 | 223 | 0.677133 | 2.217526 | 0.779391 | 4.235955 | 10.455056 | 0.966292 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Desalination Water Supply Shortage
Prevention Act of 2005''.
SEC. 2. DEFINITIONS.
(a) Qualified Desalination Facility.--The term ``qualified
desalination facility'' means a facility that--
(1) produces for sale to domestic customers desalinated
seawater, brackish groundwater, or surface water whose source
water is greater than 1000 parts per million total dissolved
solids; and
(2) is owned or operated by--
(A) a State or any political subdivision, agency,
authority, or instrumentality of a State;
(B) an Indian tribe; or
(C) a corporation responsible for providing
municipal water service pursuant to State or tribal
law;
(3) is first used to produce commercial desalinated water
for sale during the 10-year period beginning on October 1 of
the first fiscal year occurring after the date of the enactment
of this Act; and
(4) uses the best available technology as determined by the
Secretary.
(b) Indian Tribe.--The term ``Indian Tribe'' means with respect to
the contiguous 48 states, any federally recognized Indian tribe,
organized band, pueblo, or community and with respect to Alaska, the
Metlakatla Indian Community.
(c) Secretary.--The term ``Secretary '' means the Secretary of
Energy.
(d) State.--The term ``State'' means the several States, the
District of Columbia, Puerto Rico, American Samoa, the Virgin Islands,
Guam, and the Northern Mariana Islands.
SEC. 3. DESALINATED WATER PRODUCTION INCENTIVE PAYMENTS.
(a) Incentive Payments.--The Secretary shall make incentive
payments in an amount determined under subsection (d) to the owners or
operators of qualified desalination facilities to partially offset the
cost of electrical energy required to operate such facilities.
(b) Agreement; Deadline.--The Secretary may not make any payment to
the owner or operator of a qualified desalination facility under this
section, unless, not later than the end of fiscal year 2016, the
Secretary enters into a written agreement with the owner or operator to
make such payment.
(c) Payment Period.--The Secretary may make payments to the owner
or operator of a qualified desalination facility under this section for
a period not to exceed 10 years--
(1) beginning on the date on which the facility is first
used to produce desalinated water; and
(2) ending not later than September 30, 2026.
(d) Amount of Payment.--
(1) In general.--Payments made by the Secretary under this
section to the owner or operator of any qualified desalination
facility shall be based on the amount of desalinated water
produced by the facility during the payment period described in
subsection (c). For any facility, the amount of such payment
shall be 62 cents for every thousand gallons of desalinated
water produced and sold, adjusted as provided in paragraph (2).
(2) Adjustments.--The amount of the payment made to any
person under this subsection as provided in paragraph (1) shall
be adjusted for inflation for each fiscal year beginning after
calendar year 2006 in the same manner as provided in the
provisions of section 29(d)(2)(B) of the Internal Revenue Code
of 1986 (26 U.S.C. 29(d)(2)(B)), except that in applying such
provisions the calendar year 2006 shall be substituted for
calendar year 1979.
(e) Application.--The Secretary may not make a grant to the owner
or operator of a qualified desalination facility under this section
unless the facility submits an application to the Secretary in such
form, at such time, and containing such information and assurances as
the Secretary may require.
(f) Limitation.--In any fiscal year not more than 60 percent of the
funds made available by the Secretary under this section shall be made
available to the owners or operators of qualified desalination
facilities that obtain source water directly from the sea, an estuary,
or from in-bank extraction wells that are of seawater origin
(g) Priority.--In awarding incentive payments under this section,
the Secretary shall give priority to any application for a project
that--
(1) uses innovative technologies to reduce the energy
demand of the project;
(2) uses renewable energy supplies in the desalination
process;
(3) provides regional water supply benefits;
(4) provides a secure source of new water supplies for
national defense activities;
(5) reduces the threat of a water supply disruption as a
result of a natural disaster or acts of terrorism;
(6) uses technologies that minimize the damage to marine
life; or
(7) provides significant water quality benefits.
(h) Budget Act Compliance.--The authority provided by this section
may be exercised only in such amounts or to such extent as provided in
advance in appropriations Acts.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $200,000,000 to carry out this section
from fiscal year 2006 through fiscal year 2016.
SEC. 4. NOVEL DESALINATION TECHNOLOGY.
(a) In General.--The Secretary shall support research and
development of promising novel technology approaches for the cost-
effective desalination of water.
(b) Authorization of Appropriation.--There are authorized to be
appropriated to the Secretary for carrying out this section $10,000,000
from fiscal year 2006 through fiscal year 2016. | Desalination Water Supply Shortage Prevention Act of 2005 - Requires the Secretary of Energy to make incentive payments to the owners or operators of qualified desalination facilities (facilities first used to produce commercial desalinated water after enactment of this Act), including facilities owned or operated by Indian tribes, for up to ten years to partially offset the cost of electrical energy required to operate such facilities.
Provides that the qualified facilities shall receive 62 cents for every thousand gallons of desalinated water produced and sold, with an adjustment for inflation. Limits to 60% of the amount of funds made available in any fiscal year that the Secretary may provide to the owners or operators of qualified facilities that obtain source water directly from the sea, an estuary, or in-bank extraction wells of sea water origin.
Directs the Secretary, in awarding incentive payments, to give priority to any application for a project that: (1) uses innovative technologies to reduce energy demand; (2) uses renewable energy supplies in the desalination process; (3) provides regional water supply benefits; (4) provides a secure source of new water supplies for national defense activities; (5) reduces the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) uses technologies that minimize damage to marine life; or (7) provides significant water quality benefits.
Directs the Secretary to support research and development of promising novel technology approaches for the cost-effective desalination of water.
Authorizes appropriations. | {"src": "billsum_train", "title": "To direct the Secretary of Energy to make incentive payments to the owners or operators of qualified desalination facilities to partially offset the cost of electrical energy required to operate such facilities, and for other purposes."} | 1,210 | 329 | 0.640927 | 1.932454 | 0.87241 | 5.87931 | 3.710345 | 0.948276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Accountability and
Recovery Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adaptive management.--The term ``adaptive management''
means a type of natural resource management in which project
and program decisions are made as part of an ongoing, science-
based process that--
(A) includes testing, monitoring, and evaluating
applied strategies and incorporating new knowledge into
programs and restoration activities that are based on
scientific findings and the needs of society; and
(B) uses the results of the activities described in
subparagraph (A) to modify management policies,
strategies, practices, programs, and restoration
activities.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Chesapeake bay state.--The term ``Chesapeake Bay
State'' or ``State'' means the States of Maryland, West
Virginia, Delaware, and New York, the Commonwealths of Virginia
and Pennsylvania, and the District of Columbia.
(4) Chesapeake bay watershed.--The term ``Chesapeake Bay
watershed'' means the Chesapeake Bay and the geographic area
within the Chesapeake Bay States, consisting of 36 tributary
basins, through which precipitation drains into the Chesapeake
Bay, as determined by the Secretary of the Interior.
(5) Chesapeake executive council.--The term ``Chesapeake
Executive Council'' has the meaning given the term by section
307 of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 (15 U.S.C. 1511d).
(6) Chief executive.--The term ``chief executive'' means,
in the case of a State or Commonwealth, the Governor of each
State or Commonwealth and, in the case of the District of
Columbia, the Mayor of the District of Columbia.
(7) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(8) Restoration activity.--
(A) In general.--The term ``restoration activity''
means any Federal or State program or project that
directly or indirectly protects, conserves, or restores
living resources, habitat, water resources, or water
quality in the Chesapeake Bay watershed, including
programs or projects that promote responsible land use,
stewardship, and community engagement in the Chesapeake
Bay watershed.
(B) Inclusions.--The term ``restoration activity''
includes any 1 or more of the following:
(i) Physical restoration.
(ii) Planning.
(iii) Feasibility studies.
(iv) Scientific research.
(v) Monitoring.
(vi) Education.
(vii) Infrastructure Development.
SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET.
(a) Crosscut Budget.--The Director, in consultation with the
Chesapeake Executive Council, the chief executive of each Chesapeake
Bay State, and the Chesapeake Bay Commission, shall annually submit to
Congress a financial report containing--
(1) an interagency crosscut budget that displays--
(A) the proposed funding for any Federal
restoration activity to be carried out in the
succeeding fiscal year, including any planned
interagency or intraagency transfer, for each Federal
agency that carries out restoration activities;
(B) to the extent that information is available,
the estimated funding for any State restoration
activity to be carried out in the succeeding fiscal
year;
(C) all expenditures for Federal restoration
activities from the preceding 3 fiscal years, the
current fiscal year, and the succeeding fiscal year;
and
(D) all expenditures, to the extent that
information is available, for State restoration
activities during the equivalent time period described
in subparagraph (C);
(2) a detailed accounting of all amounts received and
obligated by each Federal agency for restoration activities
during the current and preceding fiscal years, including the
identification of amounts that were transferred to a Chesapeake
Bay State for restoration activities;
(3) to the extent that information is available, a detailed
accounting from each State of all amounts received and
obligated from a Federal agency for restoration activities
during the current and preceding fiscal years; and
(4) a description of each of the proposed Federal and State
restoration activities to be carried out in the succeeding
fiscal year (corresponding to those activities listed in
subparagraphs (A) and (B) of paragraph (1)), including the--
(A) project description;
(B) current status of the project;
(C) Federal or State statutory or regulatory
authority, program, or responsible agency;
(D) authorization level for appropriations;
(E) project timeline, including benchmarks;
(F) references to project documents;
(G) descriptions of risks and uncertainties of
project implementation;
(H) adaptive management actions or framework;
(I) coordinating entities;
(J) funding history;
(K) cost-sharing, if any; and
(L) alignment with existing Chesapeake Bay
Agreement and Chesapeake Executive Council goals and
priorities.
(b) Minimum Funding Levels.--The Director shall only describe
restoration activities in the report required under subsection (a)
that--
(1) for Federal restoration activities, have funding
amounts greater than or equal to $100,000; and
(2) for State restoration activities, have funding amounts
greater than or equal to $50,000.
(c) Submission.--Not later than 30 days after the date on which the
President submits the annual budget to Congress under section 1105 of
title 31, United States Code, the Director shall submit the report
required by subsection (a) to--
(1) the Committees on Appropriations, Natural Resources,
Energy and Commerce, and Transportation and Infrastructure of
the House of Representatives; and
(2) the Committees on Appropriations, Environment and
Public Works, and Commerce, Science, and Transportation of the
Senate.
(d) Effective Date.--This section shall apply beginning with the
first fiscal year after the date of enactment of this Act for which the
President submits a budget to Congress under section 1105 of title 31,
United States Code.
SEC. 4. ADAPTIVE MANAGEMENT PLAN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator, in consultation with appropriate
Federal and State agencies, shall develop and implement an adaptive
management plan for restoration activities in the Chesapeake Bay
watershed that includes--
(1) a description of specific and measurable objectives to
improve water quality, habitat, and fisheries;
(2) a process for stakeholder participation;
(3) monitoring, modeling, experimentation, and other
research and evaluation practices;
(4) a process for modification of restoration activities
that have not attained or will not attain the specific and
measurable objectives set forth under paragraph (1); and
(5) a process for prioritizing restoration activities and
programs to which adaptive management shall be applied.
(b) Updates.--The Administrator shall update the adaptive
management plan developed under subsection (a) every 3 years.
(c) Report to Congress.--
(1) In general.--Not later than 60 days after the end of
each fiscal year, the Administrator shall submit to Congress a
report describing the implementation of the adaptive management
plan required under this section for that fiscal year.
(2) Contents.--The report required under paragraph (1)
shall contain information about the application of adaptive
management to restoration activities and programs, including
programmatic and project level changes implemented through the
process of adaptive management.
(3) Effective date.--Paragraph (1) shall apply to the first
fiscal year that begins after the date of enactment of this
Act.
SEC. 5. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM.
(a) In General.--There shall be an Independent Evaluator for
restoration activities in the Chesapeake Bay watershed, who shall
review and report on--
(1) restoration activities and the use of adaptive
management in restoration activities; and
(2) any related topics that are suggested by the Chesapeake
Executive Council.
(b) Appointment.--
(1) In general.--The Independent Evaluator shall be
appointed by the Administrator from among nominees submitted by
the Chesapeake Executive Council.
(2) Nominations.--The Chesapeake Executive Council may
submit to the Administrator 4 nominees for appointment to any
vacancy in the office of the Independent Evaluator.
(c) Reports.--The Independent Evaluator shall submit a report to
Congress describing the findings and recommendations of the Independent
Evaluator under subsection (a) every 3 years. | Chesapeake Bay Accountability and Recovery Act of 2011 - Requires the Director of the Office of Management and Budget (OMB), in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay state, and the Chesapeake Bay Commission, to submit annually to Congress a financial report containing: (1) an interagency crosscut budget for restoration activities that protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed; (2) an accounting of amounts received and obligated by each federal agency for restoration activities; (3) an accounting from each state of all amounts received and obligated from a federal agency for restoration activities; and (4) a description of each of the proposed federal and state restoration activities. Requires: (1) such report to describe only federal restoration activities that have funding amounts of at least $100,000 and state recstoration activities that have funding amounts of at least $50,000; and (2) the Director to submit the report no later than 30 days after the submission of the President's annual budget to Congress.
Requires the Administrator of the Environmental Protection Agency (EPA) to develop, implement, and update every three years an adaptive management plan for restoration activities in the Chesapeake Bay watershed that includes: (1) a description of specific and measurable objectives to improve water quality, habitat, and fisheries; (2) a process for stakeholder participation; (3) monitoring, modeling, experimentation, and other research and evaluation practices; (4) a process for modification of restoration activities that have not attained or will not attain such objectives; and (5) a process for prioritizing restoration activities and programs to which adaptive management shall be applied. Sets forth reporting requirements. Requires the Administrator to report annually to Congress on the Plan.
Requires an Independent Evaluator for the Chesapeake Bay watershed, who shall review and report to Congress every three years on restoration activities and the use of adaptive management in such activities and any related topics that are suggested by the Council. Requires the Evaluator to be appointed by the Administrator from among nominees submitted by the Chesapeake Executive Council. | {"src": "billsum_train", "title": "A bill to require the Office of Management and Budget to prepare a crosscut budget for restoration activities in the Chesapeake Bay watershed, to require the Environmental Protection Agency to develop and implement an adaptive management plan, and for other purposes."} | 1,924 | 478 | 0.634811 | 1.856972 | 0.740639 | 5.60628 | 4.183575 | 0.929952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy University
Nuclear Science, Engineering, and Health Physics Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) United States university nuclear science, engineering,
and health programs are in a state of serious decline. The
supply of bachelor degree nuclear science, engineering, and
health physics personnel in the United States is lower than the
number of jobs available, resulting in a shortage of these
critical professionals. The number of 4-year degree nuclear
engineering programs has declined 50 percent to approximately
25 programs nationwide. Over \2/3\ of the faculty in these
programs are 45 years or older and there are few tenure track
junior faculty positions available.
(2) Universities are finding it increasingly difficult to
fund the operational costs of their research and training
reactors. Since 1980, the number of small training reactors in
the United States has declined by over 50 percent to 27
reactors. Most of these reactors were built in the late 1950's
and 1960's with 30- to 40-year operating licenses, and will
require relicensing in the next several years.
(3) The neglect in human investment and training
infrastructure is affecting 50 years of national research and
development investment. The decline in a competent nuclear
workforce, and the lack of adequately trained nuclear
scientists, engineers, and health physicists, will affect the
ability of the United States to solve future waste storage
issues, operate existing and design future fission reactors in
the United States, respond to future nuclear events worldwide,
help stem the proliferation of nuclear weapons, and design and
operate naval nuclear reactors.
(4) Future neglect in the Nation's investment in human
resources for the nuclear sciences will lead to a downward
spiral. As the number of nuclear science departments shrinks,
faculties age, and training reactors close, the appeal of
nuclear science will be lost to future generations of students.
(5) Current projections are that 50 percent of industry's
nuclear workforce can retire in 10 to 15 years, and 76 percent
of the nuclear workforce at our national labs can retire in the
next 5 years. A new supply of trained scientists and engineers
to replace this retiring workforce is urgently needed.
(6) The Department of Energy's Office of Nuclear Energy,
Science, and Technology is well suited to help maintain
tomorrow's human resource and training investment in the
nuclear sciences. Through its support of research and
development pursuant to the Department's statutory authorities,
the Office of Nuclear Energy, Science, and Technology is the
principal Federal agent for civilian research in the nuclear
sciences for the United States. The Office maintains the
Nuclear Engineering and Education Research Program which funds
basic nuclear science and engineering. The Office funds the
Nuclear Energy and Research Initiative which funds applied
collaborative research among universities, industry, and
national laboratories in the areas of proliferation-resistant
fuel cycles and future fission power systems. The Office funds
universities to refuel training reactors from highly enriched
to low-enriched proliferation-tolerant fuels, performs
instrumentation upgrades, and maintains a program of student
fellowships for nuclear science, engineering, and health
physics.
SEC. 3. DEPARTMENT OF ENERGY PROGRAM.
(a) Establishment.--The Secretary of Energy, through the Office of
Nuclear Energy, Science, and Technology, shall support a program to
invest in human resources and infrastructure in the nuclear sciences,
engineering, and health physics fields, consistent with the
Department's statutory authorities related to civilian nuclear research
and development.
(b) Duties.--In carrying out the program under this Act, the
Secretary shall--
(1) establish a graduate and undergraduate fellowship
program to attract new and talented students;
(2) establish a Junior Faculty Research Initiation Grant
Program to assist institutions of higher education in
recruiting and retaining new faculty in the nuclear sciences,
engineering, and health physics;
(3) support fundamental nuclear sciences, engineering, and
health physics research through the Nuclear Engineering
Education Research Program;
(4) encourage collaborative nuclear research and training
among industry, National Laboratories, and institutions of
higher education; and
(5) support communication and outreach related to nuclear
science, engineering, and health physics.
(c) Strengthening University Research and Training Reactors and
Associated Infrastructure.--Activities under this section may include--
(1) converting research reactors currently using high-
enrichment fuels to low-enrichment fuels, upgrading operational
instrumentation, and sharing of reactors among institutions of
higher education;
(2) providing technical assistance, in collaboration with
the United States nuclear industry, in relicensing and
upgrading training reactors as part of a student training
program; and
(3) providing funding, through the Innovations in Nuclear
Infrastructure and Education Program, for reactor improvements
as part of a focused effort that emphasizes research, training,
and education.
(d) University-DOE Laboratory Interactions.--The Secretary of
Energy, through the Office of Nuclear Energy, Science, and Technology,
shall develop--
(1) a sabbatical fellowship program for professors at
institutions of higher education to spend extended periods of
time at Department of Energy laboratories in the areas of
nuclear science and technology; and
(2) a visiting scientist program in which National
Laboratory staff can spend time in academic nuclear science,
engineering, and health physics departments.
The Secretary may under subsection (b)(1) provide fellowships for
students to spend time at National Laboratories in the areas of nuclear
science, engineering, and health physics with a member of the
Laboratory staff acting as a mentor.
(e) Operations and Maintenance.--Funding for a research project
provided under this section may be used to offset a portion of the
operating and maintenance costs of a research reactor at an institution
of higher education used in the research project.
(f) Merit Review Required.--All grants, contracts, cooperative
agreements, or other financial assistance awards under this Act shall
be made only after independent merit review.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Total Authorization.--The following sums are authorized to be
appropriated to the Secretary of Energy, to remain available until
expended, for the purposes of carrying out this Act:
(1) $35,200,000 for fiscal year 2005.
(2) $44,350,000 for fiscal year 2006.
(3) $49,200,000 for fiscal year 2007.
(4) $54,950,000 for fiscal year 2008.
(b) Graduate and Undergraduate Fellowships.--Of the funds
authorized under subsection (a), the following sums are authorized to
be appropriated to carry out section 3(b)(1):
(1) $3,000,000 for fiscal year 2005.
(2) $3,100,000 for fiscal year 2006.
(3) $3,200,000 for fiscal year 2007.
(4) $3,200,000 for fiscal year 2008.
(c) Junior Faculty Research Initiation Grant Program.--Of the funds
authorized under subsection (a), the following sums are authorized to
be appropriated to carry out section 3(b)(2):
(1) $2,275,000 for fiscal year 2005.
(2) $3,675,000 for fiscal year 2006.
(3) $4,150,000 for fiscal year 2007.
(4) $5,150,000 for fiscal year 2008.
(d) Nuclear Engineering Education Research and Nuclear Health
Physics.--Of the funds authorized under subsection (a), the following
sums are authorized to be appropriated to carry out section 3(b)(3):
(1) $11,000,000 for fiscal year 2005, of which $3,000,000
shall be for the nuclear health physics.
(2) $15,600,000 for fiscal year 2006, of which $3,600,000
shall be for the nuclear health physics.
(3) $17,000,000 for fiscal year 2007, of which $4,000,000
shall be for the nuclear health physics.
(4) $19,000,000 for fiscal year 2008, of which $4,500,000
shall be for the nuclear health physics.
(e) Communication and Outreach Related to Nuclear Science,
Engineering, and Health Physics.--Of the funds authorized under
subsection (a), the following sums are authorized to be appropriated to
carry out section 3(b)(5):
(1) $500,000 for fiscal year 2005.
(2) $550,000 for fiscal year 2006.
(3) $600,000 for fiscal year 2007.
(4) $650,000 for fiscal year 2008.
(f) Refueling of Research Reactors and Instrumentation Upgrades.--
Of the funds authorized under subsection (a), the following sums are
authorized to be appropriated to carry out section 3(c)(1):
(1) $6,000,000 for fiscal year 2005.
(2) $6,500,000 for fiscal year 2006.
(3) $7,000,000 for fiscal year 2007.
(4) $7,500,000 for fiscal year 2008.
(g) Relicensing Assistance.--Of the funds authorized under
subsection (a), the following sums are authorized to be appropriated to
carry out section 3(c)(2):
(1) $700,000 for fiscal year 2005.
(2) $1,100,000 for fiscal year 2006.
(3) $1,200,000 for fiscal year 2007.
(4) $1,300,000 for fiscal year 2008.
(h) Innovations in Nuclear Infrastructure and Education Program.--
Of the funds authorized under subsection (a), the following sums are
authorized to be appropriated to carry out section 3(c)(3):
(1) $10,000,000 for fiscal year 2005.
(2) $12,000,000 for fiscal year 2006.
(3) $14,000,000 for fiscal year 2007.
(4) $15,000,000 for fiscal year 2008.
(i) University-DOE Laboratory Interactions.--Of the funds
authorized under subsection (a), the following sums are authorized to
be appropriated to carry out section 3(d):
(1) $1,725,000 for fiscal year 2005.
(2) $1,825,000 for fiscal year 2006.
(3) $2,050,000 for fiscal year 2007.
(4) $3,150,000 for fiscal year 2008. | Department of Energy University Nuclear Science, Engineering, and Health Physics Act - Instructs the Secretary of Energy, acting through the Office of Nuclear Energy, Science and Technology, to support a program to invest in human resources and infrastructure in the nuclear sciences, engineering, and health physics fields. Directs the Secretary to: (1) promote interactions between university and Department of Energy (DOE) laboratories; and (2) provide student fellowships at DOE nuclear science laboratories. Authorizes appropriations through FY 2008 that target: (1) graduate and undergraduate fellowships; (2) junior faculty research initiation grant programs; (3) nuclear engineering and education research programs; (4) communication and outreach related to nuclear science, engineering, and health physics; (5) refueling research reactors and instrumentation upgrades; (6) relicensing assistance; (7) reactor improvements through the innovations in the Nuclear Infrastructure and Education Program; and (8) university-DOE laboratory interactions. | {"src": "billsum_train", "title": "To authorize funding for University Nuclear Science, Engineering, and Health Physics Programs at the Department of Energy for fiscal years 2005 through 2008."} | 2,055 | 196 | 0.522842 | 1.592231 | 0.785 | 4.021858 | 10.989071 | 0.939891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop the Sale of Murderabilia to
Protect the Dignity of Crime Victims Act of 2007''.
SEC. 2. RESTRICTIONS ON THE MAILING AND DELIVERY PRIVILEGES OF STATE
AND FEDERAL PRISONERS FOR COMMERCIAL PURPOSES.
(a) In General.--Chapter 87 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1794. Restrictions on the mailing and delivery privileges of
State and Federal prisoners for commercial purposes
``(a) In General.--Except as provided in subsection (d), any person
who, while incarcerated in a prison, knowingly deposits for mailing or
delivery, or knowingly causes to be delivered by mail, any property,
article, or object, with intent that the property, article, or object
be placed in interstate or foreign commerce, shall be fined under this
title and imprisoned not less than 3 years and not more than 10 years.
Any sentence imposed under this subsection shall run consecutive to any
other sentence imposed.
``(b) Period of Limitations.--An indictment for any offense
punishable under this section may be found at any time without
limitation.
``(c) Guidelines.--The Director of the Bureau of Prisons and the
head of the department of corrections, or other similar agency, for any
State may promulgate uniform guidelines to restrict the privileges of
any person that violates this section.
``(d) Exception.--A person incarcerated in a prison may mail or
deliver or cause to be delivered by mail title to real property, title
to motor vehicles, or a security if--
``(1) the mailing or delivery is to satisfy debt that is--
``(A) imposed by law or a court order, including--
``(i) support obligations;
``(ii) property taxes;
``(iii) income taxes;
``(iv) back taxes;
``(v) a legal judgment, fine, or
restitution;
``(vi) fees to cover the cost of
incarceration, including fees for health care
while incarcerated imposed under section 4048;
and
``(vii) other financial obligations
mandated by law or a court order; or
``(B) incurred through a contract for--
``(i) legal services;
``(ii) a mortgage on the primary residence
of the immediate family of the prisoner;
``(iii) the education or medical care of
the prisoner or a member of the immediate
family of the prisoner; or
``(iv) life, health, home, or car
insurance; or
``(2) the prisoner's consent is required by law to transfer
title for real property, a motor vehicle, or security, where a
person who is not incarcerated in a prison is the owner or a
co-owner of that real property, motor vehicle, or security.
``(e) Definitions.--In this section--
``(1) the term `prison'--
``(A) means a Federal or State correctional,
detention, or penal facility or any prison,
institution, or facility in which persons are held in
custody by direction of or pursuant to a contract or
agreement with the Attorney General of the United
States or with a State; and
``(B) does not include a halfway house or location
where a person is under home confinement;
``(2) the term `security' means--
``(A) a note, stock certificate, treasury stock
certificate, bond, treasury bond, debenture,
certificate of deposit, interest coupon, bill, check,
draft, warrant, debit instrument (as that term is
defined in section 916(c) of the Electronic Fund
Transfer Act (15 U.S.C. 1693n(c))), money order,
traveler's check, letter of credit, warehouse receipt,
negotiable bill of lading, evidence of indebtedness,
certificate of interest in or participation in a
profit-sharing agreement, collateral-trust certificate,
pre-reorganization certificate of subscription,
transferable share, investment contract, or voting
trust certificate;
``(B) a certificate of interest in, certificate of
participation in, certificate for, receipt for, or
warrant or option or other right to subscribe to or
purchase any item described in subparagraph (A); or
``(C) a blank form of any item described in
subparagraph (A) or (B); and
``(3) the terms `State' and `support obligation' have the
meanings given those terms in section 228.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 87 of title 18, United States Code, is amended by adding at the
end the following:
``1794. Restrictions on the mailing and delivery privileges of State
and Federal prisoners for commercial
purposes.''.
SEC. 3. CRIMINAL FORFEITURE.
Section 982(a) of title 18, United States Code, is amended by
adding at the end the following:
``(9) The court, in sentencing a defendant convicted of an offense
under section 1794, or of a conspiracy to commit such an offense, shall
order that the defendant forfeit to the United States any real or
personal property--
``(A) used or intended to be used to commit, to facilitate,
or to promote the commission of such offense; and
``(B) constituting, derived from, or traceable to the gross
proceeds that the defendant obtained directly or indirectly as
a result of the offense.''.
SEC. 4. CIVIL FORFEITURE.
Any property subject to forfeiture under section 982(a)(9) of title
18, United States Code, as added by this Act, may be forfeited to the
United States in a civil case in accordance with the procedures set
forth in chapter 46 of title 18, United States Code.
SEC. 5. CIVIL REMEDIES.
(a) In General.--Any person aggrieved by reason of the conduct
prohibited under section 1794 of title 18, United States Code, as added
by this Act, may commence a civil action for the relief set forth in
subsection (b).
(b) Relief.--In any action commenced in accordance with subsection
(a), the court may award appropriate relief, including--
(1) temporary, preliminary, or permanent injunctive relief;
(2) compensatory and punitive damages; and
(3) the costs of the civil action and reasonable fees for
attorneys and expert witnesses. | Stop the Sale of Murderabilia to Protect the Dignity of Crime Victims Act of 2007 - Amends the federal criminal code to: (1) restrict the items that a federal prisoner may place in the mail or for delivery; and (2) provide for civil and criminal forfeiture of real or personal property used to commit a crime or obtained as a result of such crime.
Provides civil remedies, including injunctions, damages, and attorney fees, for persons aggrieved by federal prisoners using the mail in violation of this Act. | {"src": "billsum_train", "title": "A bill to amend chapter 87 of title 18, United States Code, to end the terrorizing effects of the sale of murderabilia on crime victims and their families."} | 1,508 | 119 | 0.501799 | 1.405589 | 0.559736 | 2.44 | 13.56 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study and Develop
Reparation Proposals for African-Americans Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) approximately 4,000,000 Africans and their descendants
were enslaved in the United States and colonies that became the
United States from 1619 to 1865;
(2) the institution of slavery was constitutionally and
statutorily sanctioned by the Government of the United States
from 1789 through 1865;
(3) the slavery that flourished in the United States
constituted an immoral and inhumane deprivation of Africans'
life, liberty, African citizenship rights, and cultural
heritage, and denied them the fruits of their own labor;
(4) a preponderance of scholarly, legal, community
evidentiary documentation and popular culture markers
constitute the basis for inquiry into the on-going effects of
the institution of slavery and its legacy of persistent
systemic structures of discrimination on living African-
Americans and society in the United States; and
(5) following the abolition of slavery the United States
Government, at the Federal, State, and local level, continued
to perpetuate, condone and often profit from practices that
continued to brutalize and disadvantage African-Americans,
including share cropping, convict leasing, Jim Crow, redlining,
unequal education, and disproportionate treatment at the hands
of the criminal justice system; and
(6) as a result of the historic and continued
discrimination, African-Americans continue to suffer
debilitating economic, educational, and health hardships
including but not limited to; having nearly 1,000,000 Black
people incarcerated; an unemployment rate more than twice the
current White unemployment rate; and an average of less than
\1/16\ of the wealth of White families, a disparity which has
worsened, not improved over time.
(b) Purpose.--The purpose of this Act is to establish a commission
to study and develop Reparation proposals for African-Americans as a
result of--
(1) the institution of slavery, including both the Trans-
Atlantic and the domestic ``trade'' which existed from 1565 in
colonial Florida and from 1619 through 1865 within the other
colonies that became the United States, and which included the
Federal and State governments which constitutionally and
statutorily supported the institution of slavery;
(2) the de jure and de facto discrimination against freed
slaves and their descendants from the end of the Civil War to
the present, including economic, political, educational, and
social discrimination;
(3) the lingering negative effects of the institution of
slavery and the discrimination described in paragraphs (1) and
(2) on living African-Americans and on society in the United
States;
(4) the manner in which textual and digital instructional
resources and technologies are being used to deny the
inhumanity of slavery and the crime against humanity of people
of African descent in the United States;
(5) the role of Northern complicity in the Southern based
institution of slavery;
(6) the direct benefits to societal institutions, public
and private, including higher education, corporations,
religious and associational;
(7) and thus, recommend appropriate ways to educate the
American public of the Commission's findings;
(8) and thus, recommend appropriate remedies in
consideration of the Commission's findings on the matters
described in paragraphs (1), (2), (3), (4), (5), and (6); and
(9) submit to the Congress the results of such examination,
together with such recommendations.
SEC. 3. ESTABLISHMENT AND DUTIES.
(a) Establishment.--There is established the Commission to Study
and Develop Reparation Proposals for African-Americans (hereinafter in
this Act referred to as the ``Commission'').
(b) Duties.--The Commission shall perform the following duties:
(1) Identify, compile and synthesize the relevant corpus of
evidentiary documentation of the institution of slavery which
existed within the United States and the colonies that became
the United States from 1619 through 1865. The Commission's
documentation and examination shall include but not be limited
to the facts related to--
(A) the capture and procurement of Africans;
(B) the transport of Africans to the United States
and the colonies that became the United States for the
purpose of enslavement, including their treatment
during transport;
(C) the sale and acquisition of Africans as chattel
property in interstate and intrastate commerce;
(D) the treatment of African slaves in the colonies
and the United States, including the deprivation of
their freedom, exploitation of their labor, and
destruction of their culture, language, religion, and
families; and
(E) the extensive denial of humanity, sexual abuse
and the chatellization of persons.
(2) The role which the Federal and State governments of the
United States supported the institution of slavery in
constitutional and statutory provisions, including the extent
to which such governments prevented, opposed, or restricted
efforts of formerly enslaved Africans and their descendents to
repatriate to their homeland.
(3) The Federal and State laws that discriminated against
formerly enslaved Africans and their descendents who were
deemed United States citizens from 1868 to the present.
(4) The other forms of discrimination in the public and
private sectors against freed African slaves and their
descendents who were deemed United States citizens from 1868 to
the present, including redlining, educational funding
discrepancies, and predatory financial practices.
(5) The lingering negative effects of the institution of
slavery and the matters described in paragraphs (1), (2), (3),
(4), (5), and (6) on living African-Americans and on society in
the United States.
(6) Recommend appropriate ways to educate the American
public of the Commission's findings.
(7) Recommend appropriate remedies in consideration of the
Commission's findings on the matters described in paragraphs
(1), (2), (3), (4), (5), and (6). In making such
recommendations, the Commission shall address among other
issues, the following questions:
(A) How such recommendations comport with
international standards of remedy for wrongs and
injuries caused by the State, that include full
reparations and special measures, as understood by
various relevant international protocols, laws, and
findings.
(B) How the Government of the United States will
offer a formal apology on behalf of the people of the
United States for the perpetration of gross human
rights violations and crimes against humanity on
African slaves and their descendants.
(C) How Federal laws and policies that continue to
disproportionately and negatively affect African-
Americans as a group, and those that purpetuate the
lingering effects, materially and psycho-social, can be
eliminated.
(D) How the injuries resulting from matters
described in paragraphs (1), (2), (3), (4), (5), and
(6) can be reversed and provide appropriate policies,
programs, projects and recommendations for the purpose
of reversing the injuries.
(E) How, in consideration of the Commission's
findings, any form of compensation to the descendants
of enslaved African is calculated.
(F) What form of compensation should be awarded,
through what instrumentalities and who should be
eligible for such compensation.
(G) How, in consideration of the Commission's
findings, any other forms of rehabilitation or
restitution to African descendants is warranted and
what the form and scope of those measures should take.
(c) Report to Congress.--The Commission shall submit a written
report of its findings and recommendations to the Congress not later
than the date which is one year after the date of the first meeting of
the Commission held pursuant to section 4(c).
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--(1) The Commission shall be composed
of 13 members, who shall be appointed, within 90 days after the date of
enactment of this Act, as follows:
(A) Three members shall be appointed by the President.
(B) Three members shall be appointed by the Speaker of the
House of Representatives.
(C) One member shall be appointed by the President pro
tempore of the Senate.
(D) Six members shall be selected from the major civil
society and reparations organizations that have historically
championed the cause of reparatory justice.
(2) All members of the Commission shall be persons who are
especially qualified to serve on the Commission by virtue of their
education, training, activism or experience, particularly in the field
of African-American studies and reparatory justice.
(b) Terms.--The term of office for members shall be for the life of
the Commission. A vacancy in the Commission shall not affect the powers
of the Commission and shall be filled in the same manner in which the
original appointment was made.
(c) First Meeting.--The President shall call the first meeting of
the Commission within 120 days after the date of the enactment of this
Act or within 30 days after the date on which legislation is enacted
making appropriations to carry out this Act, whichever date is later.
(d) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(e) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members. The term of office of each shall be
for the life of the Commission.
(f) Compensation.--(1) Except as provided in paragraph (2), each
member of the Commission shall receive compensation at the daily
equivalent of the annual rate of basic pay payable for GS-18 of the
General Schedule under section 5332 of title 5, United States Code, for
each day, including travel time, during which he or she is engaged in
the actual performance of duties vested in the Commission.
(2) A member of the Commission who is a full-time officer or
employee of the United States or a Member of Congress shall receive no
additional pay, allowances, or benefits by reason of his or her service
to the Commission.
(3) All members of the Commission shall be reimbursed for travel,
subsistence, and other necessary expenses incurred by them in the
performance of their duties to the extent authorized by chapter 57 of
title 5, United States Code.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out the provisions of this Act, hold such hearings and sit and
act at such times and at such places in the United States, and request
the attendance and testimony of such witnesses and the production of
such books, records, correspondence, memoranda, papers, and documents,
as the Commission considers appropriate. The Commission may invoke the
aid of an appropriate United States district court to require, by
subpoena or otherwise, such attendance, testimony, or production.
(b) Powers of Subcommittees and Members.--Any subcommittee or
member of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may acquire directly
from the head of any department, agency, or instrumentality of the
executive branch of the Government, available information which the
Commission considers useful in the discharge of its duties. All
departments, agencies, and instrumentalities of the executive branch of
the Government shall cooperate with the Commission with respect to such
information and shall furnish all information requested by the
Commission to the extent permitted by law.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Staff.--The Commission may, without regard to section 5311(b)
of title 5, United States Code, appoint and fix the compensation of
such personnel as the Commission considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that the compensation of any
employee of the Commission may not exceed a rate equal to the annual
rate of basic pay payable for GS-18 of the General Schedule under
section 5332 of title 5, United States Code.
(c) Experts and Consultants.--The Commission may procure the
services of experts and consultants in accordance with the provisions
of section 3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the highest rate
payable under section 5332 of such title.
(d) Administrative Support Services.--The Commission may enter into
agreements with the Administrator of General Services for procurement
of financial and administrative services necessary for the discharge of
the duties of the Commission. Payment for such services shall be made
by reimbursement from funds of the Commission in such amounts as may be
agreed upon by the Chairman of the Commission and the Administrator.
(e) Contracts.--The Commission may--
(1) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the
extent or in such amounts as are provided in appropriations
Acts; and
(2) enter into contracts with departments, agencies, and
instrumentalities of the Federal Government, State agencies,
and private firms, institutions, and agencies, for the conduct
of research or surveys, the preparation of reports, and other
activities necessary for the discharge of the duties of the
Commission, to the extent or in such amounts as are provided in
appropriations Acts.
SEC. 7. TERMINATION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report to the Congress under section 3(c).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
To carry out the provisions of this Act, there are authorized to be
appropriated $12,000,000. | Commission to Study and Develop Reparation Proposals for African-Americans Act This bill establishes the Commission to Study and Develop Reparation Proposals for African-Americans to examine slavery and discrimination in the colonies and the United States from 1619 to the present and recommend appropriate remedies. | {"src": "billsum_train", "title": "Commission to Study and Develop Reparation Proposals for African-Americans Act"} | 3,004 | 64 | 0.55486 | 1.501177 | 0.87917 | 4.2 | 57.36 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bolster Our Energy Security for
Tomorrow Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Applicant.--The term ``applicant'' means a person who
is seeking a Federal refinery authorization.
(3) Base closure law.--The term ``base closure law''
means--
(A) the Defense Base Closure and Realignment Act of
1990 (10 U.S.C. 2687 note; part A of title XXIX of
Public Law 101-510); and
(B) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (10
U.S.C. 2687 note; Public Law 100-526).
(4) Biomass.--The term ``biomass'' has the meaning given
the term in section 932(a) of the Energy Policy Act of 2005 (42
U.S.C. 16232(a)).
(5) Closed military installation.--The term ``closed
military installation'' means a military installation closed or
approved for closure pursuant to a base closure law.
(6) Federal refinery authorization.--
(A) In general.--The term ``Federal refinery
authorization'' means any authorization required under
Federal law, whether administered by a Federal or State
administrative agency or official, with respect to
siting, construction, expansion, or operation of a
refinery.
(B) Inclusions.--The term ``Federal refinery
authorization'' includes any permit, license, special
use authorization, certification, opinion, or other
approval required under Federal law with respect to
siting, construction, expansion, or operation of a
refinery.
(7) Refinery.--The term ``refinery'' means--
(A) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
crude oil by any chemical or physical process
(including distillation, fluid catalytic cracking,
hydrocracking, coking, alkylation, etherification,
polymerization, catalytic reforming, isomerization,
hydrotreating, blending, or any combination thereof) in
order to produce gasoline or distillate;
(B) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
coal by any chemical or physical process (including
liquefaction) in order to produce gasoline or diesel as
its primary output; or
(C) a facility designed and operated to receive,
load, unload, store, transport, process (including
biochemical, photochemical, and biotechnology
processes), and refine biomass in order to produce
biofuel.
(8) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
SEC. 3. STATE ASSISTANCE.
(a) State Assistance.--At the request of a chief executive officer
of a State, the Administrator may provide financial assistance to the
State to facilitate the hiring of additional personnel to assist the
State with expertise in fields relevant to consideration of Federal
refinery authorizations.
(b) Other Assistance.--At the request of a chief executive officer
of a State, a Federal agency responsible for a Federal refinery
authorization shall provide technical, legal, or other nonfinancial
assistance to the State to facilitate the consideration by the State of
Federal refinery authorizations.
SEC. 4. REFINERY PROCESS COORDINATION AND PROCEDURES.
(a) Appointment of Federal Coordinator.--
(1) In general.--The President shall appoint a Federal
coordinator to perform the responsibilities assigned to the
Federal coordinator under this Act.
(2) Other agencies.--Each Federal or State agency or
official that is responsible for a Federal refinery
authorization shall cooperate with the Federal coordinator.
(b) Federal Refinery Authorizations.--
(1) Meeting participants.--
(A) In general.--Not later than 30 days after
receiving a notification from an applicant that the
applicant is seeking a Federal refinery authorization
pursuant to Federal law, the Federal coordinator
appointed under subsection (a) shall convene a meeting
of representatives from all Federal and State agencies
responsible for a Federal refinery authorization with
respect to the refinery.
(B) State agencies.--The chief executive officer of
a State shall identify each agency of the State that is
responsible for a Federal refinery authorization with
respect to the refinery.
(2) Memorandum of agreement.--
(A) In general.--Not later than 90 days after
receipt of a notification described in paragraph (1),
the Federal coordinator and the other participants at a
meeting convened under paragraph (1) shall enter into a
memorandum of agreement setting forth the most
expeditious coordinated schedule practicable for
completion of all Federal refinery authorizations with
respect to the refinery, consistent with the full
substantive and procedural review required under
Federal law.
(B) Absent agencies.--If a Federal or State agency
responsible for a Federal refinery authorization with
respect to the refinery is not represented at the
meeting, the Federal coordinator shall ensure that the
schedule accommodates the Federal refinery
authorization, consistent with Federal law.
(C) Conflicting requirements.--If a conflict arises
among Federal refinery authorization scheduling
requirements, the requirements of the Environmental
Protection Agency shall be given priority.
(D) Publication.--Not later than 15 days after
completing the memorandum of agreement, the Federal
coordinator shall publish the memorandum of agreement
in the Federal Register.
(E) Administration.--The Federal coordinator shall,
to the maximum extent practicable--
(i) ensure that all parties to the
memorandum of agreement are working in good
faith to carry out the memorandum of agreement;
and
(ii) facilitate the implementation of the
schedule established in the memorandum of
agreement.
(c) Consolidated Record.--
(1) In general.--The Federal coordinator shall, with the
cooperation of Federal and State administrative agencies and
officials, maintain a complete consolidated record of all
decisions made and actions taken by the Federal coordinator or
by a Federal administrative agency or officer (or State
administrative agency or officer acting under delegated Federal
authority) with respect to any Federal refinery authorization.
(2) Judicial record.--
(A) In general.--Subject to subparagraph (B), the
record shall be the record for judicial review under
subsection (d) of a decision made or action taken by a
Federal or State administrative agency or official
under this section.
(B) Remand for further development.--If the court
determines that the record does not contain sufficient
information, the court may remand the proceeding to the
Federal coordinator for further development of the
consolidated record.
(d) Remedies.--
(1) In general.--The United States district court for the
district in which the refinery is located or proposed to be
located shall have exclusive jurisdiction over any civil action
for the review of the failure of an agency or official to act
on a Federal refinery authorization in accordance with the
schedule established pursuant to the memorandum of agreement.
(2) Standing.--If an applicant or a party to a memorandum
of agreement alleges that a failure to act described in
paragraph (1) has occurred and that the failure to act would
jeopardize timely completion of the entire schedule as
established in the memorandum of agreement, the applicant or
other party may bring a cause of action under this subsection.
(3) Court action.--
(A) In general.--If an action is brought under
paragraph (2), the court shall review--
(i) whether the parties to the memorandum
of agreement have been acting in good faith;
(ii) whether the applicant has been
cooperating fully with the agencies that are
responsible for issuing a Federal refinery
authorization; and
(iii) any other relevant materials in the
consolidated record.
(B) New schedule.--Taking into consideration the
factors described in subparagraph (A), if the court
finds that a failure to act described in paragraph (1)
has occurred and that the failure to act would
jeopardize timely completion of the entire schedule as
established in the memorandum of agreement, the court
shall establish a new schedule that is the most
expeditious coordinated schedule practicable for
completion of proceedings, consistent with the full
substantive and procedural review required by Federal
law.
(C) Enforcement.--The court may issue orders to
enforce any schedule the court establishes under this
paragraph.
(4) Filing of consolidated record.--When any civil action
is brought under this subsection, the Federal coordinator shall
immediately file with the court the consolidated record
compiled by the Federal coordinator pursuant to subsection (c).
(5) Expedited review.--The court shall set any civil action
brought under this subsection for expedited consideration.
(e) Applicability.--This section shall only apply to a refinery
sited or proposed to be sited, or expanded or proposed to be expanded,
in--
(1) a State the chief executive officer of which has
submitted a request to the President for the application of
this section to the siting, construction, expansion, or
operation of any refinery in the State; or
(2) all or part of a closed military installation made
available for the siting of a refinery in the manner provided
by the base closure law applicable to the closed military
installation.
SEC. 5. DESIGNATION OF CLOSED MILITARY BASES.
(a) Designation Requirement.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the President shall designate not less
than 3 closed military installations, or portions thereof, as
potentially suitable for the construction of a refinery.
(2) Biomass.--At least 1 site designated under paragraph
(1) shall be designated as potentially suitable for
construction of a refinery to refine biomass in order to
produce biofuel.
(b) Redevelopment Authority.--In preparing or revising the
redevelopment plan for the closed military installation, the
redevelopment authority with jurisdiction over each closed military
installation designated under subsection (a)(1) shall consider the
feasibility and practicability of siting a refinery on the closed
military installation.
(c) Management and Disposal of Real Property.--
(1) In general.--In managing and disposing of real property
at a closed military installation designated under subsection
(a) pursuant to the base closure law applicable to the closed
military installation, the Secretary of Defense shall give
substantial deference to the recommendations of the
redevelopment authority, as contained in the redevelopment plan
for the closed military installation, regarding the siting of a
refinery on the closed military installation.
(2) Real property.--The management and disposal of real
property at all or part of a closed military installation found
to be suitable for the siting of a refinery under subsection
(a) shall be carried out in the manner provided by the base
closure law applicable to the closed military installation.
SEC. 6. RELATIONSHIP TO OTHER LAWS AND ACTIONS.
Nothing in this Act--
(1) affects the application of any environmental or other
law; or
(2) prevents any party from bringing a cause of action
under any environmental or other law, including a citizen suit.
SEC. 7. REPEAL OF REFINERY REVITALIZATION AUTHORITY.
(a) In General.--Subtitle H of title III of the Energy Policy Act
of 2005 (42 U.S.C. 15951 et seq.) is repealed.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is
amended by striking the items relating to subtitle H of title III. | Bolster Our Energy Security for Tomorrow Act - Authorizes the Administrator of the Environmental Protection Agency (EPA), upon state request, to provide financial assistance to facilitate hiring additional personnel with expertise in fields relevant to consideration of federal refinery authorizations.
Directs a federal agency responsible for federal refinery authorization, upon state request, to provide technical, legal, or other nonfinancial assistance to facilitate such consideration.
Directs the President to: (1) appoint a federal coordinator to coordinate refinery authorization procedures; and (2) designate at least three closed military installations, or portions of them, as potentially suitable for the construction of a refinery.
Requires that at least one such site be designated as potentially suitable for construction of a biomass refinery.
Requires the appropriate redevelopment authority to consider the feasibility and practicability of siting a refinery on the closed military installation when preparing or revising the redevelopment plan for it.
Prescribes guidelines for the management and disposal of real property.
Amends the Energy Policy Act of 2005 to repeal its refinery revitalization authority. | {"src": "billsum_train", "title": "A bill to expedite the consideration of permits for refineries, and for other purposes."} | 2,669 | 235 | 0.521767 | 1.540409 | 0.735068 | 3.809045 | 11.748744 | 0.894472 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing the Interstate Placement
of Children in Foster Care Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) when a child in foster care cannot return safely home,
the child deserves to be placed in a setting that is best for
that child, regardless of whether it is in the child's State or
another State;
(2) the Interstate Compact on the Placement of Children
(ICPC) was established in 1960 to provide a uniform legal
framework for the placement of children across State lines in
foster and adoptive homes;
(3) frequently, children waiting to be placed with an
adoptive family, relative, or foster parent in another State
spend more time waiting for this to occur than children who are
placed with an adoptive, family, relative, or foster parent in
the same State, because of the outdated, administratively
burdensome ICPC process;
(4) no child should have to wait longer to be placed in a
loving home simply because the child must cross a State line;
(5) the National Electronic Interstate Compact Enterprise
(NEICE) was launched in August 2014 in Indiana, Nevada,
Florida, South Carolina, Wisconsin, and the District of
Columbia, and is expected to be expanded into additional States
to improve the administrative process by which children are
placed with families across State lines;
(6) States using this centralized electronic interstate
case processing system have reduced administrative costs and
the amount of staff time required to process these cases, and
caseworkers can spend more time helping children instead of
copying and mailing paperwork between States;
(7) since NEICE was launched, placement time has decreased
by 30 percent for interstate foster care placements; and
(8) on average, States using this centralized electronic
interstate case processing system have been able to reduce from
24 days to 13 days the time it takes to identify a family for a
child and prepare the paperwork required to start the ICPC
process.
SEC. 3. STATE PLAN REQUIREMENT.
(a) In General.--Section 471(a)(25) of the Social Security Act (42
U.S.C. 671(a)(25)) is amended--
(1) by striking ``provide'' and insert ``provides''; and
(2) by inserting ``, which, not later than October 1, 2022,
shall include a centralized electronic interstate case
processing system'' before the 1st semicolon.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the 1st day of the 1st calendar quarter
beginning on or after the date of the enactment of this Act,
and shall apply to payments under part E of title IV of the
Social Security Act for calendar quarters beginning on or after
such date.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirement imposed by the amendments made by subsection (a),
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State has a
2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
SEC. 4. GRANTS FOR THE DEVELOPMENT OF A CENTRALIZED ELECTRONIC SYSTEM
TO EXPEDITE THE INTERSTATE PLACEMENT OF CHILDREN IN
FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION.
(a) In General.--Section 437 of the Social Security Act (42 U.S.C.
637) is amended by adding at the end the following:
``(g) Grants for the Development of a Centralized Electronic System
To Expedite the Interstate Placement of Children in Foster Care or
Guardianship, or for Adoption.--
``(1) Purpose.--The purpose of this subsection is to
facilitate the development of a centralized electronic system
for the exchange of data and documents to expedite the
placements of children in foster, guardianship, or adoptive
homes across State lines.
``(2) Application requirements.--A State that desires a
grant under this subsection shall submit to the Secretary an
application containing the following:
``(A) A description of the goals and outcomes to be
achieved during the period for which grant funds are
sought, which goals and outcomes must result in--
``(i) reducing the time it takes for a
child to be provided with a safe and
appropriate permanent living arrangement across
State lines;
``(ii) improving administrative processes
and reducing costs in the foster care system;
and
``(iii) the secure exchange of relevant
case files and other necessary materials in
real time, and timely communications and
placement decisions regarding interstate
placements of children.
``(B) A description of the activities to be funded
in whole or in part with the grant funds, including the
sequencing of the activities.
``(C) A description of the strategies for
integrating programs and services for children who are
placed across State lines.
``(D) Such other information as the Secretary may
require.
``(3) Grant authority.--The Secretary may make a grant to a
State that complies with paragraph (2).
``(4) Use of funds.--A State to which a grant is made under
this subsection shall use the grant for the development of the
centralized electronic system described in paragraph (1).
``(5) Evaluations.--Not later than 1 year after the final
year in which grants are awarded under this subsection, the
Secretary shall submit to the Congress, and make available to
the general public by posting on a website, that contains the
following information:
``(A) How using the centralized electronic system
developed pursuant to paragraph (4) has changed the
time it takes for children to be placed across State
lines.
``(B) The number of cases subject to the Interstate
Compact on the Placement of Children that were
processed through the centralized electronic system,
and the number of interstate child placement cases that
were processed outside the centralized electronic
system, by each State in each year.
``(C) The progress made by States in implementing
the centralized electronic system.
``(D) How using the centralized electronic system
has affected various metrics related to child safety
and well-being, including the time it takes for
children to be placed across State lines.
``(E) How using the centralized electronic system
has affected administrative costs and caseworker time
spent on placing children across State lines.
``(6) Data integration.--The Secretary, in consultation
with the Secretariat for the Interstate Compact on the
Placement of Children and the States, shall assess how the
centralized electronic system developed pursuant to paragraph
(4) could be used to better serve and protect children that
come to the attention of the child welfare system, by--
``(A) connecting the system with other data systems
(such as systems operated by State law enforcement and
judicial agencies, systems operated by the Federal
Bureau of Investigation for the purposes of the
Innocence Lost National Initiative, and other systems);
``(B) simplifying and improving reporting related
to paragraphs (34) and (35) of section 471(a) regarding
children or youth who have been identified as being a
sex trafficking victim or children missing from foster
care; and
``(C) improving the ability of States to quickly
comply with background check requirements of section
471(a)(20), including checks of child abuse and neglect
registries as required by section 471(a)(20)(B).''.
SEC. 5. CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE SAFE AND
STABLE FAMILIES.
Section 437(a) of the Social Security Act (42 U.S.C. 637(a)) is
amended by striking ``2016'' and inserting ``2017''.
SEC. 6. RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE PLACEMENT OF
CHILDREN.
Section 437(b) of the Social Security Act (42 U.S.C. 637(b)) is
amended by adding at the end the following:
``(4) Improving the interstate placement of children.--The
Secretary shall reserve $5,000,000 of the amount made available
for fiscal year 2017 for grants under subsection (g), and the
amount so reserved shall remain available through fiscal year
2021.''. | Modernizing the Interstate Placement of Children in Foster Care Act This bill amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require the procedures a state must have in effect for the orderly and timely interstate placement of children to include a centralized electronic case processing system. Grants are authorized for development of a centralized electronic system to expedite the interstate placement of children in foster care, guardianship, or adoptive homes. Discretionary funding shall be continued through FY2017 to promote safe and stable families. The Department of Health and Human Services shall reserve $5 million of the amount made available for such grants for FY2017, which reserved amount shall remain available through FY2021. | {"src": "billsum_train", "title": "Modernizing the Interstate Placement of Children in Foster Care Act"} | 1,928 | 158 | 0.492157 | 1.470703 | 0.64501 | 3.687023 | 13.564885 | 0.908397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Payroll Protection
Act of 2007''.
SEC. 2. REGULATION OF PAYROLL TAX DEPOSIT AGENTS.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7529. PAYROLL TAX DEPOSIT AGENTS.
``(a) Registration.--
``(1) In general.--The Secretary shall establish a system
to require the initial registration and the annual renewal of
the registration of persons seeking to act as payroll tax
deposit agents authorized to make Federal employment tax
deposits on behalf of employer taxpayers. Such system shall
also--
``(A) establish a registration and renewal fee for
each payroll tax deposit agent in an amount not to
exceed $100,
``(B) provide the payroll tax deposit agent the
option of either submitting a bond as specified in
subsection (b) or submitting to a quarterly
certification as specified in subsection (c),
``(C) require such disclosures as are specified in
subsection (d), and
``(D) provide penalties for unregistered persons
acting as payroll tax deposit agents with respect to
Federal tax deposits and for payroll tax deposit agents
who fail to furnish such disclosures as are specified
in subsection (d), in an amount not to exceed $10,000
for each 90 days of noncompliance.
``(2) Definition of payroll tax deposit agent.--For
purposes of this section, the term `payroll tax deposit agent'
means any person which provides payroll processing or tax
filing and deposit services to 1 or more employers (other than
an employer acting on its own behalf) if such person has the
contractual authority to access such employer's funds for the
purpose of making employment tax deposits. Such term shall not
include any person which only transfers such funds to the
appropriate government authority (regardless if such person has
the authority to determine the amount of such transfer) and
does not otherwise have the authority to access such funds.
``(3) Employment tax.--For purposes of this section, the
term `employment tax' includes unemployment insurance
contributions.
``(b) Bonding.--
``(1) In general.--If a payroll tax deposit agent elects to
submit a bond under subsection (a)(1)(B), the amount of such
bond shall be not less than $50,000 nor more than $500,000, and
shall be determined with respect to each payroll tax deposit
agent under regulations prescribed by the Secretary.
``(2) Surety.--Any bond or security furnished pursuant to
this section shall be in such form and with such surety or
sureties as may be prescribed by regulations issued pursuant to
section 7101.
``(3) Evidence of bond.--Evidence of such bond shall be
filed with the Secretary with the initial registration and each
annual renewal of the registration of persons licensed to act
as payroll tax deposit agents.
``(c) Quarterly Certifications.--If a payroll tax deposit agent
elects to submit to a quarterly certification under subsection
(a)(1)(B), such certification shall be performed by an independent
third party who is qualified to perform such certifications under
targeted criteria established by the Secretary, at the direction of the
Secretary, and shall be based on the following narrowly targeted
principles--
``(1) that the escrow account of the payroll tax deposit
agent in which such agent holds its employers' taxes is
balanced to the total of quarterly reconciliation statements
(i.e., Internal Revenue Service Forms 941 and State
equivalents), and any liabilities collected but not yet
deposited with the respective government authority,
``(2) that the escrow account funds of the payroll tax
deposit agent are not commingled with such agent's operating
funds,
``(3) that there is no evidence that the payroll tax
deposit agent used any of the funds in such agent's escrow
account to pay such agent's operating costs, and
``(4) that there is adequate receipt evidence that such
agent paid the required employment taxes on behalf of the
employers to the proper government employment tax authority.
A copy of each completed quarterly certification report shall be filed
quarterly with the Secretary and no payroll tax deposit agent shall
obtain its annual renewal of the registration of persons licensed to
act as payroll tax deposit agents unless all such copies have been
filed.
``(d) Disclosure.--The Secretary shall require payroll tax deposit
agents to disclose to each client prior to or at the time of
contracting for payroll services, and to each existing client at least
quarterly--
``(1) the client's continuing liability for payment of all
Federal and State employment taxes notwithstanding any
contractual relationship with a payroll tax deposit agent,
``(2) the mechanisms available to the client to verify the
amount and date of payment of all tax deposits made by the
payroll tax deposit agent on behalf of such client, including
the Internet address and telephone number of each Federal and
State employment tax authority related to such deposits, and
``(3) such other information that the Secretary determines
is necessary or appropriate to assist employers in the
selection and use of payroll tax deposit agents.
``(e) Tax Deposits and Returns.--Only persons registered under this
section may--
``(1) make Federal tax deposits on behalf of an employer,
``(2) sign and file Federal employment tax returns on
behalf of a taxpayer, and
``(3) have access to confidential tax information relating
to such employer.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''.
(b) Quarterly Certification Criteria.--In establishing the criteria
for the quarterly certification required under section 7529(c) of the
Internal Revenue Code of 1986, as added by subsection (a), the
Secretary of the Treasury shall ensure, to the extent practicable, that
the burden of the certification process on the payroll tax deposit
agent is minimized.
(c) Payroll Tax Deposit Agents Subject to Penalty for Failure To
Collect and Pay Over Tax, or Attempt To Evade or Defeat Tax.--
(1) In general.--Section 6672(a) of the Internal Revenue
Code of 1986 is amended by inserting ``, including any payroll
tax deposit agent (as defined in section 7531(a)(2)) who has
assumed the obligation to pay over any tax by contract with a
taxpayer (but only to the extent that such payroll tax deposit
agent has received irrevocable payment of funds for the
corresponding tax liabilities from such taxpayer),'' after
``imposed by this title''.
(2) Penalty not subject to discharge in bankruptcy.--
Section 6672(a) is further amended by adding at the end the
following new sentence: ``Notwithstanding any other provision
of law, no penalty imposed under this section may be discharged
in bankruptcy.''.
(3) Conforming amendment.--Section 6672(b)(1) of the
Internal Revenue Code of 1986 (relating to preliminary notice
requirement) is amended by striking the word ``taxpayer'' and
inserting the word ``person'' each time it appears.
(4) Construction.--The amendment made by paragraph (1)
shall not be construed to create any inference with respect to
the interpretation of section 6672 of the Internal Revenue Code
of 1986 as such section was in effect on the day before the
date of the enactment of this Act.
(d) Clerical Amendment.--The table of sections for such chapter 77
is amended by adding at the end the following new item:
``Sec. 7529. Payroll tax deposit agents.''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Penalty.--The amendments made by subsection (c) shall
apply to failures occurring after the date of the enactment of
this Act.
SEC. 3. VERIFICATION OF ADDRESS CHANGE.
(a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions) is amended by adding at the end the
following new section:
``SEC. 3511. VERIFICATION OF ADDRESS CHANGE.
``The Secretary shall issue a notice of confirmation of any address
change relating to an employer making tax payments under this subtitle,
and such notice shall be sent to both the employer's former and new
address.''.
(b) Clerical Amendment.--The table of sections for such chapter 25
is amended by adding at the end the following new item:
``Sec. 3511. Verification of address change.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 180 days after the date of the enactment of
this Act. | Small Business Payroll Protection Act of 2007 - Amends the Internal Revenue Code to require the Secretary of the Treasury to establish a registration system for payroll tax deposit agents (defined as any person that provides payroll processing or tax filing and deposit service to one or more employers). Requires such agents to: (1) submit a bond or to submit to quarterly third-party certifications; (2) make certain disclosures to their clients concerning liability for payment of employment taxes; and (3) pay penalties for failing to collect or pay over employment taxes or for attempting to evade or defeat payment of such taxes.
Requires the Secretary of the Treasury to: (1) issue a notice of confirmation of any address change for an employer making employment tax payments; and (2) send such notice to both the employer's former and new address. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to regulate payroll tax deposit agents."} | 1,955 | 171 | 0.601436 | 1.607161 | 0.76446 | 2.865031 | 11.171779 | 0.90184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Terrorism Financing Act of
2003''.
SEC. 2. INCREASED PENALTIES FOR TERRORISM FINANCING.
Section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) is amended--
(1) in subsection (a), by deleting ``$10,000'' and
inserting ``$50,000''.
(2) in subsection (b), by deleting ``ten years'' and
inserting ``twenty years''.
SEC. 3. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.
(a) Amendments to RICO.--Section 1961(1) of title 18, United States
Code, is amended--
(1) in subparagraph (B), by inserting ``section 1960
(relating to illegal money transmitters),'' before ``sections
2251''; and
(2) in subparagraph (F), by inserting ``section 274A
(relating to unlawful employment of aliens),'' before ``section
277''.
(b) Amendments to Section 1956(c)(7).--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by--
(1) inserting ``, or section 2339C (relating to financing
of terrorism)'' before ``of this title''; and
(2) striking ``or any felony violation of the Foreign
Corrupt Practices Act'' and inserting ``any felony violation of
the Foreign Corrupt Practices Act, or any violation of section
208 of the Social Security Act (relating to obtaining funds
through misuse of a social security number)''.
(c) Conforming Amendments to Sections 1956(e) and 1957(e).--
(1) Section 1956(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate, and, with respect
to offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postal Service. Such authority of the Secretary of the Treasury,
the Secretary of Homeland Security, and the Postal Service shall be
exercised in accordance with an agreement which shall be entered into
by the Secretary of the Treasury, the Secretary of Homeland Security,
the Postal Service, and the Attorney General. Violations of this
section involving offenses described in paragraph (c)(7)(E) may be
investigated by such components of the Department of Justice as the
Attorney General may direct, and the National Enforcement
Investigations Center of the Environmental Protection Agency.''.
(2) Section 1957(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate, and, with respect
to offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postal Service. Such authority of the Secretary of the Treasury,
the Secretary of Homeland Security, and the Postal Service shall be
exercised in accordance with an agreement which shall be entered into
by the Secretary of the Treasury, the Secretary of Homeland Security,
the Postal Service, and the Attorney General.''.
SEC. 4. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN
COUNTRIES OR INTERNATIONAL ORGANIZATIONS.
Section 981(a)(1)(G) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by inserting the following after clause (iii):
``(iv) of any individual, entity, or
organization engaged in planning or
perpetrating any act of international terrorism
(as defined in section 2331) against any
international organization (as defined in
section 209 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4309(b))) or
against any foreign Government. Where the
property sought for forfeiture is located
beyond the territorial boundaries of the United
States, an act in furtherance of such planning
or perpetration must have occurred within the
jurisdiction of the United States.''.
SEC. 5. MONEY LAUNDERING THROUGH HAWALAS.
Section 1956 of title 18, United States Code, is amended by adding
at the end the following:
``(j)(1) For the purposes of subsections (a)(1) and (a)(2), a
transaction, transportation, transmission, or transfer of funds shall
be considered to be one involving the proceeds of specified unlawful
activity, if the transaction, transportation, transmission, or transfer
is part of a set of parallel or dependent transactions, any one of
which involves the proceeds of specified unlawful activity.
``(2) As used in this section, a `dependent transaction' is one
that completes or complements another transaction or one that would not
have occurred but for another transaction.''.
SEC. 6. CLASSIFIED INFORMATION IN MONEY LAUNDERING PROCEEDINGS.
Section 5318A of title 31, United States Code (as added by section
311 of the USA PATRIOT Act of 2001) is amended by adding at the end the
following new subsection:
``(f) Classified Information.--In any judicial review of a finding
of the existence of a primary money laundering concern, or the
requirement for one or more special measures with respect to a primary
money laundering concern, made under this section, if the designation
or imposition or both were based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act), such
information may be submitted by the Secretary to the reviewing court ex
parte and in camera. This subsection does not confer or imply any right
to judicial review of any finding made or requirement imposed under
this section.''.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA PATRIOT
ACT.
(a) Technical Corrections.--
(1) Sections 5312(a)(3)(C) and 5324(b) of title 31 are
amended by striking ``5333'' each time it appears and inserting
``5331''.
(2) Section 322 of Public Law 107-56 is amended by striking
``title 18'' and inserting ``title 28''.
(3) Section 5318(k)(1)(B) of title 31, United States Code,
is amended by striking ``5318A(f)(1)(B)'' and inserting
``5318A(e)(1)(B)''.
(4) Section 5332(a)(1) of title 31, United States Code, is
amended by striking ``article of luggage'' and inserting
``article of luggage or mail''.
(5) Section 1956(b)(3) and (4) of title 18, United States
Code, are amended by striking ``described in paragraph (2)''
each time it appears; and
(6) Section 981(k) of title 18, United States Code, is
amended by striking ``foreign bank'' each time it appears and
inserting ``foreign bank or financial institution''.
(b) Codification of Section 316 of the USA PATRIOT Act.--
(1) Chapter 46 of title 18, United States Code, is
amended--
(A) by inserting at the end the following:
``Sec. 987. Anti-terrorist forfeiture protection
``(a) Right to Contest.--An owner of property that is confiscated
under this chapter or any other provision of law relating to the
confiscation of assets of suspected international terrorists, may
contest that confiscation by filing a claim in the manner set forth in
the Federal Rules of Civil Procedure (Supplemental Rules for Certain
Admiralty and Maritime Claims), and asserting as an affirmative defense
that--
``(1) the property is not subject to confiscation under
such provision of law; or
``(2) the innocent owner provisions of section 983(d) apply
to the case.
``(b) Evidence.--In considering a claim filed under this section, a
court may admit evidence that is otherwise inadmissible under the
Federal Rules of Evidence, if the court determines that the evidence is
reliable, and that compliance with the Federal Rules of Evidence may
jeopardize the national security interests of the United States.
``(c) Clarifications.--
``(1) Protection of rights.--The exclusion of certain
provisions of Federal law from the definition of the term
`civil forfeiture statute' in section 983(i) shall not be
construed to deny an owner of property the right to contest the
confiscation of assets of suspected international terrorists
under--
``(A) subsection (a) of this section;
``(B) the Constitution; or
``(C) subchapter II of chapter 5 of title 5, United
States Code (commonly known as the `Administrative
Procedure Act').
``(2) Savings clause.--Nothing in this section shall limit
or otherwise affect any other remedies that may be available to
an owner of property under section 983 or any other provision
of law.''; and
(B) in the chapter analysis, by inserting at the
end the following:
``987. Anti-terrorist forfeiture protection.''.
(2) Subsections (a), (b), and (c) of section 316 of Public
Law 107-56 are repealed.
(c) Conforming Amendments Concerning Conspiracies.--
(1) Section 33(a) of title 18, United States Code is
amended by inserting ``or conspires'' before ``to do any of the
foregoing''.
(2) Section 1366(a) of title 18, United States Code, is
amended--
(A) by striking ``attempts'' each time it appears
and inserting ``attempts or conspires''; and
(B) by inserting ``, or if the object of the
conspiracy had been achieved,'' after ``the attempted
offense had been completed''.
SEC. 8. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM STATUTE.
(a) Section 2339C(c)(2) of title 18, United States Code, is
amended--
(1) by striking ``resources, or funds'' and inserting
``resources, or any funds or proceeds of such funds'';
(2) in subparagraph (A), striking ``were provided'' and
inserting ``are to be provided, or knowing that the support or
resources were provided,''; and
(3) in subparagraph (B)--
(A) by striking ``or any proceeds of such funds'';
and
(B) by striking ``were provided or collected'' and
inserting ``are to be provided or collected, or knowing
that the funds were provided or collected,''.
(b) Section 2339C(e) is amended--
(1) by striking ``and'' at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following new
paragraph:
``(13) the term `material support or resources' has the
same meaning as in section 2339A(b) of this title; and''.
(c) Section 2332b(g)(5)(B) of title 18, United States Code, is
amended by inserting ``)'' after ``2339C (relating to financing of
terrorism''. | Combating Terrorism Financing Act of 2003 - Amends the International Emergency Economic Powers Act to increase penalties for violating a license, order, or regulation under the Act.
Amends the Racketeer Influenced and Corrupt Organizations Act to expand its scope to include offenses relating to the financing of terrorism and violations of the Social Security Act relating to obtaining funds through the misuse of a social security number. Authorizes the Department of Homeland Security to investigate violations of money laundering and related offenses. Directs that a transaction or transfer of funds be considered to involve the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions involving such proceeds.
Amends the Federal criminal code to: (1) provide for civil forfeiture to the United States of the assets of any individual or organization engaged in planning or perpetrating an act of international terrorism against any international organization or against any foreign government; and (2) establish procedures for contesting the confiscation of assets of suspected international terrorists.
Amends the USA PATRIOT Act of 2001 to authorize the Secretary of the Treasury, in any judicial review of a finding of the existence of a primary money laundering concern the designation of which was based on classified information, to submit such information to the reviewing court ex parte and in camera. | {"src": "billsum_train", "title": "To combat terrorism financing, and for other purposes."} | 2,749 | 288 | 0.543048 | 1.572182 | 0.690169 | 3.446281 | 10.045455 | 0.892562 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2003''.
SEC. 2. EXTENSION OF TIME PROVIDED FOR STATES TO REQUEST PAYMENTS UNDER
TITLE I.
(a) Payments For Activities To Improve Administration of
Elections.--Section 101(a) of the Help America Vote Act of 2002 (42
U.S.C. 15301(a)) is amended by striking ``not later than 6 months after
the date of the enactment of this Act'' and inserting ``not later than
the Tuesday next after the first Monday in November 2003''.
(b) Payments For Replacement of Punch Card or Lever Voting
Machines.--Section 102(b)(1) of such Act (42 U.S.C. 15301(b)(1)) is
amended by striking ``not later than the date that is 6 months after
the date of the enactment of this Act'' and inserting ``not later than
the Tuesday next after the first Monday in November 2003''.
(c) Extension of Period of Authorization of Appropriations.--
(1) In general.--Section 104(a) of such Act (42 U.S.C.
15304(a)) is amended by striking ``$650,000,000'' and inserting
``an aggregate amount of $650,000,000 for fiscal years 2003 and
2004''.
(2) Date for transfer to election assistance commission of
unobligated funds.--Section 104(c)(2)(B) of such Act (42 U.S.C.
15304(c)(2)(B)) is amended by striking ``September 1, 2003''
and inserting ``January 1, 2004''.
(d) Requirement To Deploy Interim Measure if Waiver Requested.--
Section 102(a)(3)(B) of such Act (42 U.S.C. 15301(a)(3)(B)) is amended
by striking the period at the end and inserting the following: ``,
except that any State requesting any such waiver shall accept and
implement a paper system for use on an interim basis as provided in
section 5(b) of the Voter Confidence and Increased Accessibility Act of
2003 in time for use in the November 2004 general election.''.
SEC. 3. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM
CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act of 2002
(42 U.S.C. 15325) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into by the Election Assistance
Commission on or after the date of the enactment of this Act.
SEC. 4. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
VERIFIED PERMANENT RECORD OR HARD COPY.
(a) In General.--Section 301(a)(2) of the Help America Vote Act of
2002 (42 U.S.C. 15481(a)(2)) is amended to read as follows:
``(2) Voter-verification and audit capacity.--
``(A) Voter-verification in general.--The voting
system shall produce a voter-verified paper record
suitable for a manual audit equivalent or superior to
that of a paper ballot box system, as further specified
in subparagraph (B).
``(B) Manual audit capacity.--
``(i) The voting system shall produce a
permanent paper record, each individual paper
record of which shall be made available for
inspection and verification by the voter at the
time the vote is cast, and preserved within the
polling place in the manner in which all other
paper ballots are preserved within the polling
place on Election Day for later use in any
manual audit.
``(ii) The voting system shall provide the
voter with an opportunity to correct any error
made by the system before the permanent record
is preserved for use in any manual audit.
``(iii) The voter verified paper record
produced under subparagraph (A) and this
subparagraph shall be available as an official
record and shall be the official record used
for any recount conducted with respect to any
election in which the system is used.
``(C) Software and modems.--
``(i) No voting system shall at any time
contain or use undisclosed software. Any voting
system containing or using software shall
disclose the source code of that software to
the Commission, and the Commission shall make
that source code available for inspection upon
request to any citizen.
``(ii) No voting system shall contain any
wireless communication device at all.
``(iii) All software and hardware used in
any electronic voting system shall be certified
by laboratories accredited by the Commission as
meeting the requirements of clauses (i) and (ii).''.
(b) Voter Verification of Results for Individuals With
Disabilities.--Section 301(a)(3) of such Act (42 U.S.C. 15481(a)(3) is
amended--
(1) in the heading, by inserting ``and voter-verification
of results'' after ``accessibility'';
(2) in subparagraph (B), by striking ``; and'' and
inserting the following: ``, and such voting system shall
provide a mechanism for voter-verification of results which
separates the function of vote generation from the function of
vote casting in a manner analogous to that described in section
4 with respect to the separation of paper ballot generation and
paper ballot verification and preservation, but does not
require the use of paper.'';
(3) by amending subparagraph (C) to read as follows:
``(C) The equipment deployed in accordance with
subparagraph (B) shall meet the voting system standards
for disability access and voter-verification of results
as outlined in this paragraph in accordance with the
deadline set forth in section 5(a), provided that if it
does not and an interim paper system is deployed in
accordance with section 5(b), disabled voters shall
have the option of using the interim paper system with
the assistance of an aide of the voter's personal
selection or using the voting system otherwise put in
place for use by disabled voters at the time in
question in accordance with the Help America Vote Act
of 2002, as in effect prior to the enactment of this
Act, except that the deadline set forth in section
301(a)(3)(C) of such Act (42 U.S.C. 15481(a)(3)(C)) is
moved forward from January 1, 2007, to January 1,
2006.''; and
(4) by adding at the end the following new subparagraph:
``(D) Election officials shall be instructed in the
rights of the disabled to vote with the assistance of
an aide of their selection under the Voting Rights Act
of 1965.''.
(c) Specific, Delineated Requirement of Study, Testing, and
Development of Best Practices.--In addition to any other requirements
under the Help America Vote Act of 2002, the Election Assistance
Commission shall study, test, and develop best practices to enhance
accessibility and voter-verification mechanisms for disabled voters.
SEC. 5. CHANGE IN DEADLINE FOR COMPLIANCE WITH STANDARDS.
(a) In General.--Section 301(d) of the Help America Vote Act of
2002 (42 U.S.C. 15481(d)) is amended by striking ``on and after January
1, 2006'' and inserting ``in time for elections for Federal office
beginning with the regularly scheduled general election to be held in
November 2004''.
(b) Interim Paper System.--Each State and jurisdiction that
certifies in the manner described in section 102(a)(3)(B) that it shall
be unable to comply with the requirements of section 301 in time for
the regularly scheduled general election for Federal office to be held
in November 2004 shall receive a paper voting system, based on paper
systems in use in the jurisdiction, if any, at the expense of the
Commission that shall be deemed compliant with section 301 by the
Commission for use in the November 2004 general elections.
SEC. 6. REQUIREMENT FOR FEDERAL CERTIFICATION OF TECHNOLOGICAL SECURITY
OF VOTER REGISTRATION LISTS.
Section 303(a)(3) of the Help America Vote Act of 2002 (42 U.S.C.
15483(a)(3)) is amended by striking the period at the end and inserting
the following: ``, as certified by the Commission.''.
SEC. 7. REQUIREMENT FOR MANDATORY RECOUNTS.
The Election Assistance Commission shall conduct manual mandatory
surprise recounts of the voter-verified records of each election for
Federal office (and, at the option of the State or jurisdiction
involved, of elections for State and local office) in .5 percent of the
jurisdictions in each State and .5 percent of the overseas
jurisdictions in which voter-verified records are preserved in
accordance with this section immediately following each general
election for Federal office, and shall promptly publish the results of
those recounts. The treatment of the results of the recount shall be
governed by applicable Federal, State, or local law, except that any
individual who is a citizen of the jurisdiction involved may file an
appeal with the Commission if the individual believes that such law
does not provide a fair remedy.
SEC. 8. EFFECTIVE DATE.
Except as provided in section 3(b), the amendments made by this Act
shall take effect as if included in the enactment of the Help America
Vote Act of 2002. | Voter Confidence and Increased Accessibility Act of 2003 - Amends the Help America Vote Act of 2002 to provide for an extension of time for States to request payments for activities to improve administration of elections and for replacement of punch card or lever voting machines.Repeals the exemption of the Election Assistance Commission from certain Government contracting requirements (thus requiring the Commission to advertise for proposals for purchases and contracts for supplies or services).Revises audit capacity requirements to require the voting system to produce a voter-verified paper record suitable for a manual audit equivalent or superior to that of a paper ballot box system.Requires the voting system to provide a mechanism for voter-verification of results with respect to individuals with disabilities which separates the function of vote generation from the function of vote casting, but does not require the use of paper. Requires instruction of election officials in the rights of the disabled to vote with the assistance of an aide of their selection under the Voting Rights Act of 1965. Requires the Commission to study and develop best practices to enhance accessibility and voter-verification mechanisms for disabled voters.Accelerates the deadline for compliance with voting systems standards from January 1, 2006, to the regularly scheduled November 2004 general Federal election.Requires each State and jurisdiction unable to meet such deadline to receive a paper voting system at Commission expense that shall be deemed compliant with such standards for use in the November 2004 general election.Requires Federal certification of technological security of voter registration lists.Directs the Commission to: (1) conduct manual mandatory surprise recounts of the voter-verified records of each election for Federal office (and, at State or local option, of elections for State and local office) in .5 percent of the jurisdictions in each State and .5 percent of the overseas jurisdictions in which voter-verified records are preserved in accordance with this Act immediately following each general election for Federal office; and (2) promptly publish the results of those recounts. | {"src": "billsum_train", "title": "To amend the Help America Vote Act of 2002 to require a voter-verified permanent record or hardcopy under title III of such Act, and for other purposes."} | 2,224 | 428 | 0.574847 | 1.80285 | 0.757957 | 5.63587 | 4.991848 | 0.945652 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Blue Alert Act of 2010''.
SEC. 2. BLUE ALERT COMMUNICATIONS NETWORK.
The Attorney General shall, subject to the availability of
appropriations pursuant to section 6, establish a national Blue Alert
communications network within the Department of Justice to disseminate
information when a law enforcement officer is seriously injured or
killed in the line of duty through the initiation, facilitation, and
promotion of local elements of the network (known as Blue Alert plans)
in coordination with States, units of local government, law enforcement
agencies, and other appropriate entities.
SEC. 3. BLUE ALERT COORDINATOR; GUIDELINES.
(a) Coordination Within Department of Justice.--The Attorney
General shall assign an officer of the Department of Justice to act as
the national coordinator of the Blue Alert communications network. The
officer so designated shall be known as the Blue Alert Coordinator of
the Department of Justice (referred to in this Act as the
``Coordinator'').
(b) Duties of the Coordinator.--In acting as the national
coordinator of the Blue Alert communications network, the Coordinator
shall--
(1) work with States to encourage the development of
additional Blue Alert plans in the network;
(2) establish voluntary guidelines for States to use in
developing Blue Alert plans that will promote compatible and
integrated Blue Alert plans throughout the United States,
including--
(A) a list of the resources necessary to establish
a Blue Alert plan;
(B) criteria for evaluating whether a situation
warrants issuing a Blue Alert;
(C) guidelines to protect the privacy, dignity,
independence, and autonomy of any law enforcement
officer who may be the subject of a Blue Alert or
family of such law enforcement officer;
(D) guidelines that, before a Blue Alert is issued
and with respect to a law enforcement officer who is
seriously injured or killed in the line of duty--
(i) the law enforcement agency involved
confirms the death, injury, or attack on of the
law enforcement officer;
(ii) there is an indication of serious
injury to or death of the law enforcement
officer;
(iii) the suspect involved has not been
apprehended; and
(iv) there is sufficient descriptive
information of the suspect involved and any
relevant vehicle and tag numbers;
(E) guidelines--
(i) that information related to a law
enforcement officer who is seriously injured or
killed in the line of duty would be provided to
the National Crime Information Center database
operated by the Federal Bureau of Investigation
pursuant to section 534 of title 28, United
States Code, and any relevant crime information
repository of the State involved;
(ii) that a Blue Alert would be, to the
maximum extent practicable (as determined by
the Coordinator in consultation with State and
local law enforcement agencies) limited to the
geographic areas most likely to facilitate the
apprehension of the suspect involved or which
such suspect could reasonably reach, but not
limited to State lines;
(iii) for State law enforcement agencies to
develop plans to communicate information to
neighboring States to provide for seamless
communication of Blue Alert; and
(iv) providing that a Blue Alert will be
suspended when the suspect involved is
apprehended or when the law enforcement agency
involved determines that the Blue Alert is no
longer effective; and
(F) guidelines for--
(i) the issuance of alerts through the Blue
Alert communications network; and
(ii) the extent of the dissemination of
alerts issued through the network;
(3) develop proposed protocols for efforts to apprehend
suspects, including protocols that are needed from the time of
the initial notification of a law enforcement agency that a
suspect has not been apprehended through the time of
apprehension of a suspect or when the law enforcement agency
involved determines that the Blue Alert is no longer effective,
including--
(A) public safety communications;
(B) command center operations; and
(C) incident review, evaluation, debriefing, and
public information procedures;
(4) work with States to ensure appropriate regional
coordination of various elements of the network;
(5) establish an advisory group to assist States, units of
local government, law enforcement agencies, and other entities
involved in the Blue Alert communications network with
initiating, facilitating, and promoting Blue Alert plans, which
shall include--
(A) to the maximum extent practicable,
representation from the various geographic regions of
the United States; and
(B) members who are--
(i) representatives of law enforcement
organizations, law enforcement agencies, and
public safety communications,
(ii) broadcasters, first responders,
dispatchers, and radio station personnel; and
(iii) representatives of any other
individuals or organizations that the
Coordinator determines are necessary to the
success of the Blue Alert communications
network; and
(6) act as the nationwide point of contact for--
(A) the development of the network; and
(B) regional coordination of alerts through the
network for law enforcement officers who are seriously
injured or killed in the line of duty.
(c) Limitations Applicable to Guidelines and Other Duties.--In
establishing the guidelines and carrying out other duties under
subsection (b), the following shall apply:
(1) Voluntary participation.--The guidelines established
under paragraph (2) of such subsection, protocols developed
under paragraph (3) of such subsection, and other programs
established under such subsection, shall be adoptable by a
State on a voluntary basis only.
(2) Dissemination of information.--The guidelines shall, to
the maximum extent practicable (as determined by the
Coordinator in consultation with State and local law
enforcement agencies), provide that appropriate information
relating to a wounding assault or fatal injury on a law
enforcement officer is disseminated to the appropriate law
enforcement, public health, and other public officials.
(3) Privacy and civil liberties protections.--The
guidelines shall--
(A) ensure that alerts issued through the Blue
Alert communications network comply with all applicable
Federal, State, and local privacy laws and regulations;
and
(B) include standards that specifically provide for
the protection of the civil liberties, including the
privacy, of law enforcement officers who are seriously
injured or killed in the line of duty and the families
of such officers.
(d) Cooperation With Other Agencies.--The Coordinator shall
cooperate with the Secretary of Homeland Security, the Secretary of
Transportation, the Federal Communications Commission, and appropriate
offices of the Department of Justice in carrying out activities under
this Act.
(e) Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Coordinator shall
submit to Congress a report on the activities of the Coordinator and
the effectiveness and status of the Blue Alert plans of each State that
has established or is in the process of establishing such a plan.
SEC. 4. GRANT PROGRAM FOR SUPPORT OF BLUE ALERT PLANS.
(a) Grant Program.--Subject to the availability of appropriations
to carry out this section, the Attorney General shall carry out a
program to provide grants to States for the development or enhancement
of programs and activities for the support of Blue Alert plans and the
Blue Alert communications network.
(b) Activities.--Activities funded by grants under the program
under subsection (a) may include--
(1) the development and implementation of education and
training programs, and associated materials, relating to Blue
Alert plans;
(2) the development and implementation of law enforcement
programs, and associated equipment, relating to Blue Alert
plans;
(3) the development and implementation of new technologies
to improve Blue Alert communications; and
(4) such other activities as the Attorney General considers
appropriate for supporting the Blue Alert communications
network.
(c) Federal Share.--The Federal share of the cost of any activities
funded by a grant under the program under subsection (a) may not exceed
50 percent.
(d) Distribution of Grant Amounts on Geographic Basis.--The
Attorney General shall, to the maximum extent practicable, ensure the
distribution of grants under the program under subsection (a) on an
equitable basis throughout the various regions of the United States.
(e) Administration.--The Attorney General shall prescribe
requirements, including application requirements, for grants under the
program under subsection (a).
SEC. 5. DEFINITION.
For purposes of this Act, the term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and any federally recognized Indian
tribe.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated such sums
as may be necessary to carry out this Act (other than for purposes
described in subparagraph (A) or (B) of subsection (b)(1)).
(b) Grant Funding.--
(1) In general.--There is authorized to be appropriated for
fiscal year 2011--
(A) $5,000,000 for grants under section 4; and
(B) an additional $5,000,000 for such grants to
carry out activities described in section 4(b)(3).
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) shall remain available until expended. | National Blue Alert Act of 2010 - Directs the Attorney General to: (1) establish a national Blue Alert communications network within the Department of Justice (DOJ) to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty; (2) assign a DOJ officer to act as the national coordinator of the Blue Alert communications network; and (3) provide grants to states for the development or enhancement of programs and activities to support Blue Alert plans and the Blue Alert communications network. Sets forth the duties of the national coordinator, including working with states to develop additional Blue Alert plans in the network, establishing voluntary guidelines for states in developing Blue Alert plans, developing protocols for efforts to apprehend suspects, and establishing an advisory group to assist states, local governments, law enforcement agencies, and other entities in initiating, facilitating, and promoting Blue Alert plans. | {"src": "billsum_train", "title": "To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty."} | 1,983 | 187 | 0.717979 | 2.018401 | 0.897799 | 5.146199 | 11.25731 | 0.959064 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workfare Incentive Act''.
SEC. 2. AMENDMENT.
Section 403 of the Social Security Act (42 U.S.C. 603) is amended
by inserting after subsection (b) the following new subsection:
``(c)(1)(A) If the Secretary determines--
``(i) that a State is operating a general welfare
assistance program described in paragraph (3) during a calendar
quarter, or
``(ii) that more than 20 percent of the local governments
within a State that provide general welfare assistance are
operating programs described in paragraph (3) during a calendar
quarter,
the Secretary shall reduce by 50 percent the amount that such State
would otherwise receive under subsection (a) or (l) with respect to
expenditures made by such State during such quarter for the
administration of the aid to families with dependent children program
under this part.
``(B) If a State receives a reduced payment in a calendar quarter
as a result of a determination by the Secretary under subparagraph
(A)(ii)--
``(i) such State shall reduce for such quarter the payments
made to each State office administering the aid to families
with dependent children program which is located within the
jurisdiction of the local governments described in subparagraph
(A)(ii) by an amount equal to 50 percent of the Federal share
of the administrative expenses of such office; and
``(ii) such State shall not, as a result of such reduced
payment, reduce for such quarter the payments made to any State
office administering the aid to families with dependent
children program which is not located within the jurisdiction
of the local governments described in subparagraph (A)(ii).
``(2) If the Secretary determines that any local government within
a State that is not described in paragraph (1)(A) is operating a
general welfare assistance program described in paragraph (3) during a
calendar quarter, the State shall reduce for such quarter the payments
made to any State office administering the aid to families with
dependent children program which is located within the jurisdiction of
such local government by an amount equal to 50 percent of the Federal
share of the administrative expenses of such office and such amount
shall be paid by the State to the Secretary.
``(3) A general welfare assistance program described in this
paragraph is a general welfare assistance program that--
``(A) provides benefits to able-bodied individuals (as
determined by the Secretary) who have attained age 18 and who
have no dependents (hereafter referred to in this subsection as
`able-bodied individuals');
``(B) does not have a workfare program that meets the
participation rate requirements of paragraph (4); and
``(C) does not meet any other requirements set forth in
regulations issued by the Secretary.
``(4)(A) The participation rate requirements of this paragraph are
as follows:
``(i) In the case of a workfare program which is first
implemented after the date of the enactment of this subsection,
the participation rate for such program shall be--
``(I) for the second year that the program is
operated, 10 percent; and
``(II) for any succeeding year that the program is
operated, the program's participation rate for the
preceding year plus 2 percent.
``(ii) In the case of a workfare program which is operating
on the date of the enactment of this subsection, the
participation rate for such program shall be--
``(I) for 1995--
``(aa) in the case of a program with a
participation rate below 10 percent for 1994,
10 percent; and
``(bb) in the case of a program with a
participation rate between 10 percent and 50
percent for 1994, the program's participation
rate for 1994 plus 2 percent; and
``(II) for any succeeding year that the program is
operated, the program's participation rate for the
preceding year plus 2 percent.
``(B) The participation rates required under clauses (i) and (ii)
of subparagraph (A) shall not exceed 50 percent.
``(C) For purposes of this subsection, the term `participation
rate' means the percentage of able-bodied individuals receiving general
welfare assistance who are participating in a workfare program.
``(5) Within 5 years after the date of the enactment of this
subsection, the Secretary shall conduct a review of State and local
participation rates and submit to Congress a report containing any of
the Secretary's recommendations with respect to the participation rate
requirements of paragraph (4).''.
SEC. 3. APPLICATION OF AMENDMENT.
(a) Except as provided in subsection (b), the amendment made by
section 2 shall apply to calendar quarters beginning on or after July
1, 1995.
(b) In the case of a State which the Secretary determines requires
State legislation (other than legislation authorizing or appropriating
funds) in order to comply with the amendments made by section 2, the
State shall not be regarded as failing to comply with such amendments
solely on the basis of its failure to meet the requirements of such
amendments before the first day of the first calendar quarter beginning
after the close of the first regular session of the State legislature
that begins after the date of the enactment of this Act. For purposes
of the preceding sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be deemed to be a
separate regular session of the State legislature. | Workfare Incentive Act - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to require States, to avoid a 50 percent reduction in Federal funding for AFDC administrative expenses, to implement workfare programs for able-bodied residents on welfare aged 18 or over with no dependents. | {"src": "billsum_train", "title": "Workfare Incentive Act"} | 1,215 | 83 | 0.48742 | 1.09484 | 0.481087 | 1.873016 | 18.587302 | 0.793651 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Library of Congress Financial
Management Act of 2000''.
TITLE I--LIBRARY OF CONGRESS REVOLVING FUND
SEC. 101. AVAILABILITY OF FUND FOR ACTIVITIES.
The Librarian of Congress (hereafter in this Act referred to as the
``Librarian'') is authorized--
(1) to establish the activities described in section 102 as
Revolving Fund service activities; and
(2) to establish Revolving Fund service units, which may be
partially or fully sustained through the Library of Congress
Revolving Fund established under section 103, to carry out such
activities.
SEC. 102. ACTIVITIES DESCRIBED.
The activities described in this section are as follows:
(1) The preparation of research reports, translations,
analytical studies, and related services for any entity of the
Federal Government or the government of the District of
Columbia.
(2) The provision of any of the following services for
entities of the Federal Government or the government of the
District of Columbia:
(A) The centralized acquisition of publications and
library materials in any format.
(B) Information, research, and library support
services.
(C) Training in library and information services.
(D) Services related to any of the services
described in the preceding subparagraphs.
(3) Decimal classification development.
(4) The operation of a gift shop or other sales of items
associated with collections, exhibits, performances, and
special events of the Library of Congress.
(5) The location, copying, storage, preservation, and
delivery services for library documents and audio-visual
materials (other than basic domestic interlibrary loan
services), and international interlibrary lending.
(6) Special events and programs, performances, exhibits,
workshops, and training.
(7) The cooperative acquisitions program described in
section 207 of the Legislative Branch Appropriations Act, 1998
(2 U.S.C. 182).
SEC. 103. LIBRARY OF CONGRESS REVOLVING FUND.
(a) In General.--
(1) Establishment.--There is established in the Treasury a
revolving fund to be known as the ``Library of Congress
Revolving Fund'' (hereafter in this Act referred to as the
``Fund'').
(2) Contents.--The Fund shall consist of the following
amounts:
(A) Amounts deposited under subsection (b).
(B) Credits under subsection (c).
(C) Such other amounts as may be appropriated for
the Fund under law.
(3) Use of amounts in fund.--Amounts in the Fund shall be
available to the Librarian without fiscal year limitation to
carry out Revolving Fund service activities under this Act.
Obligations for such activities for any fiscal year are limited
to the total amounts specified in appropriations Acts for such
fiscal year.
(b) Amounts Deposited.--
(1) Funds attributable to revolving fund service
activities.--Upon the establishment by the Librarian of an
activity as a Revolving Fund service activity under section
101, the Librarian shall transfer to the Fund the following:
(A) Notwithstanding the requirements of section
1535(d) of title 31, United States Code, any obligated,
unexpended balances existing as of the date of the
establishment which are attributable to such activity.
(B) An amount equal to the difference between--
(i) the total value of the supplies,
inventories, equipment, gift fund balances, and
other assets of the activity; and
(ii) the total value of the liabilities
(including the value of accrued annual leave of
employees) of the activity.
(C) In the case of the cooperative acquisitions
program described in section 207 of the Legislative
Branch Appropriations Act, 1998, the balance existing
in the Cooperative Acquisitions Program Revolving Fund
established under section 207(a) of such Act as of the
date of the establishment of the program as a Revolving
Fund service activity.
(2) Temporary transfers of previously appropriated funds.--
The Librarian may temporarily transfer to the Fund other funds
appropriated to the Library of Congress, except that the Fund
shall reimburse the appropriate accounts of the Library of
Congress for amounts so transferred before the period of
availability of the Library appropriation expires.
(c) Credits.--The Fund shall be credited with all amounts received
by the Librarian which are attributable to Revolving Fund service
activities, including--
(1) fees, advances, and reimbursements;
(2) gifts or bequests of money or property for credit to
such activity or the Fund;
(3) receipts from sales and exchanges of property;
(4) payments for loss or damage to property; and
(5) receivables, inventories, and other assets.
(d) Individual Accounting Requirement.--A separate account shall be
maintained in the Fund with respect to each Revolving Fund service
unit.
(e) Excess Funds.--At such times as the Librarian determines to be
appropriate, the Librarian shall transfer any amount in the Fund that
the Librarian determines to be in excess of the amount required by the
Fund to the Treasury for deposit as miscellaneous receipts.
(f) Annual Report.--Not later than March 31 of each year, the
Librarian shall submit to Congress an audited financial statement for
the Fund for the preceding fiscal year. The audit of such statement
shall be conducted in accordance with Government Auditing Standards for
financial audits issued by the Comptroller General of the United
States.
SEC. 104. OPERATION OF REVOLVING FUND SERVICE ACTIVITIES.
(a) Rates for Purchase of Products and Services.--The Librarian is
authorized to make any products and services provided as Revolving Fund
service activities available for purchase at rates estimated by the
Librarian to be adequate to recover, over a reasonable period of time,
the direct and indirect costs to the activity of providing such
products and services.
(b) Advances of Funds.--Participants in Revolving Fund service
activities shall pay for products and services of the activity by
advance of funds--
(1) if the Librarian determines that amounts in the
Revolving Fund are otherwise insufficient to cover the costs of
providing such products and services; or
(2) upon agreement between participants and the Librarian.
(c) Multi-Year Contracting Authority.--In the operation of
Revolving Fund service activities, the Librarian may--
(1) enter into contracts for the lease and acquisition of
goods and services (including severable services) for a period
that begins in one fiscal year and ends in the next fiscal
year, pursuant to section 303L of the Federal Property and
Administrative Services Act (41 U.S.C. 253l); and
(2) enter into multi-year contracts for the acquisition of
property and services, pursuant to section 304B of such Act (41
U.S.C. 254c).
SEC. 105. REPEAL OF COOPERATIVE ACQUISITIONS PROGRAM.
(a) In General.--Section 207 of the Legislative Branch
Appropriations Act, 1998 (2 U.S.C. 182) is repealed.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the establishment by the Librarian of the cooperative
acquisitions program described in section 207 of the Legislative Branch
Appropriations Act, 1998, as a Revolving Fund service activity under
section 101.
SEC. 106. NO EFFECT ON PERSONNEL.
Nothing in this title may be construed to affect the terms and
conditions of employment of any employee of the Library of Congress who
carries out any activity designated as a Revolving Fund service
activity or who is assigned to a Revolving Fund service unit.
TITLE II--CATALOGING PRODUCTS AND SERVICES
SEC. 201. AVAILABILITY OF CATALOGING PRODUCTS AND SERVICES.
(a) In General.--The Librarian of Congress is authorized to make
cataloging products and services created by the Library of Congress
available for purchase at prices that reflect as closely as practicable
the cost of distribution over a reasonable period of time. Any amounts
paid to the Librarian for cataloging products and services pursuant to
this subsection shall be deposited in the Treasury to the credit of the
appropriation for salaries and expenses of the Library of Congress, and
shall remain available until expended for expenses attributable to the
necessary distribution of such products and services.
(b) Definition.--In this title, the term ``cataloging products and
services'' means bibliographic products and services (in any current or
future format) that are used by libraries and library organizations,
including other Library of Congress-created data bases, and related
technical publications.
SEC. 202. CONFORMING AMENDMENT.
The undesignated paragraph beginning ``The Librarian of Congress''
under the heading ``PUBLIC PRINTING AND BINDING'' in section 1 of the
Act entitled ``An Act making appropriations for sundry civil expenses
of the Government for the fiscal year ending June thirtieth, nineteen
hundred and three, and for other purposes'', approved June 28, 1902 (2
U.S.C. 150), is repealed.
TITLE III--LIBRARY OF CONGRESS TRUST FUND BOARD
SEC. 301. REVISIONS TO MEMBERSHIP AND OPERATION OF LIBRARY OF CONGRESS
TRUST FUND BOARD.
(a) Addition of Vice Chair of Joint Committee on the Library as
Board Member.--Section 1 of the Act entitled ``An Act to create a
Library of Congress Trust Fund Board, and for other purposes'',
approved March 3, 1925 (2 U.S.C. 154), is amended in the first sentence
of the first paragraph by inserting ``and the vice chair'' after
``chairman.''
(b) Quorum Requirement.--Section 1 of such Act (2 U.S.C. 154) is
amended in the second sentence of the first paragraph by striking
``Nine'' and inserting ``Seven''.
(c) Temporary Extension of Board Member Term.--Section 1 of such
Act (2 U.S.C. 154) is amended in the first paragraph by inserting after
the first sentence the following: ``Upon request of the chair of the
Board, any member whose term has expired may continue to serve on the
Trust Fund Board until the earlier of the date on which such member's
successor is appointed or the expiration of the 2-year period which
begins on the date such member's term expires.''.
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect
October 1, 2000. | (Sec. 105) Repeals provisions of the Legislative Branch Appropriations Act, 1998 establishing the Cooperative Acquisitions Program Revolving Fund for financing a Library program to acquire foreign publications and research materials on behalf of participating institutions on a cost-recovery basis.
(Sec. 106) Prohibits the construction of this title to affect the terms and conditions of employment of any Library of Congress employee who carries out any activities designated as a Revolving Fund service activity or who is assigned to a Revolving Fund service unit.
Title II: Cataloging Products and Services
- Authorizes the Librarian of Congress to make cataloging products and services, created by the Library, available for purchase at prices that reflect as closely as practicable the cost of distribution over a reasonable period.
(Sec. 202) Repeals Federal law provisions that authorize the Librarian of Congress to sell copies of card indexes and other publications to institutions or individuals.
Title III: Library of Congress Trust Fund Board
- Revises the composition of the Library of Congress Trust Fund Board to include the vice chair of the Joint Committee on the Library. Decreases the Board's quorum from nine to seven members for the transaction of business. Provides for a temporary extension of Board members' terms.
Title IV: Effective Date
- Sets forth the effective date of this Act. | {"src": "billsum_train", "title": "Library of Congress Financial Management Act of 2000"} | 2,431 | 303 | 0.562626 | 1.682651 | 0.689131 | 3.5 | 8.257937 | 0.849206 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice Exists for All of Us Act of
2012''.
SEC. 2. STATE ``STAND YOUR GROUND'' LAWS AND NEIGHBORHOOD WATCH
REGISTRATION.
(a) In General.--For each fiscal year after the expiration of the
period of implementation specified in subsection (b), a State shall--
(1) not have in effect throughout the State any law or
policy that allows a person to use deadly force when such
person is threatened that does not impose a duty to retreat
before using such force in any place where such person is
lawfully present (commonly known as ``stand your ground
laws''), except that a State may have in place a law or policy
that permits a victim of domestic violence to use deadly force
when such victim is threatened and does not impose a duty to on
the victim to retreat before using such force in any place
where such victim is lawfully present; and
(2) have in effect throughout the State laws and policies
that make it unlawful to establish, organize, operate, or
participate in a Neighborhood Watch program unless such program
is registered with--
(A) the local law enforcement agency that has
jurisdiction over the neighborhood in which the program
is located; and
(B) the Department of Justice, in accordance with
regulations promulgated by the Attorney General.
(b) Period for Implementation by States.--
(1) Deadline.--Each State shall implement this section
before 3 years after the date of the enactment of this Act.
(2) Extensions.--The Attorney General may authorize up to
two 1-year extensions of the deadline in paragraph (1).
(c) Failure of State To Comply.--
(1) In general.--For any fiscal year after the end of the
period for implementation under subsection (b), a State that
fails, as determined by the Attorney General, to substantially
implement this section shall not receive 20 percent of the
funds that would otherwise be allocated for that fiscal year to
the State under subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.).
(2) State constitutionality.--
(A) In general.--When evaluating whether a State
has substantially implemented this section, the
Attorney General shall consider whether the State is
unable to substantially implement this section because
of a demonstrated inability to implement certain
provisions that would place the State in violation of
its constitution, as determined by a ruling of the
State's highest court.
(B) Efforts.--If the circumstances arise under
subparagraph (A), then the Attorney General and the
State shall make good faith efforts to accomplish
substantial implementation of this section and to
reconcile any conflicts between this section and the
State's constitution. In considering whether compliance
with the requirements of this section would likely
violate the State's constitution or an interpretation
thereof by the State's highest court, the Attorney
General shall consult with the chief executive and
chief legal officer of the State concerning the State's
interpretation of the State's constitution and rulings
thereon by the State's highest court.
(C) Alternative procedures.--If the State is unable
to substantially implement this section because of a
limitation imposed by the State's constitution, the
Attorney General may determine that the State is in
compliance with this Act if the State has implemented,
or is in the process of implementing, reasonable
alternative procedures or accommodations that are
consistent with the purposes of this Act.
(D) Funding reduction.--If a State does not comply
with subparagraph (C), then the State shall be subject
to a funding reduction as specified in paragraph (1).
(3) Reallocation.--Amounts not allocated under subpart 1 of
part E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3750 et seq.) to a State for failure to
substantially implement this section shall be reallocated under
such subpart to States that have not failed to substantially
implement this section or may be reallocated to a State from
which they were withheld to be used solely for the purpose of
implementing this section.
(d) Definition of State.--In this section the term ``State'' shall
have the meaning given such term in section 901(a) of Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a) et seq.). | Justice Exists for All of Us Act of 2012 - Prohibits a state, for each fiscal year beginning after three years after enactment of this Act, from having in effect a law or policy that: (1) allows a person to use deadly force when such person is threatened and that does not, except where the person is a victim of domestic violence, impose a duty to retreat before using such force in any place where that person is lawfully present (commonly known as a "stand your ground law"); or (2) allows the establishment, organization, or operation of, or participation in, a Neighborhood Watch program that is not registered with the local law enforcement agency and the Department of Justice (DOJ). Allows the Attorney General to authorize up to two one-year extensions of such deadline.
Provides that a state that fails to substantially implement this Act for any fiscal year shall not receive 20% of the funds that would otherwise be allocated to it under the Edward Byrne Memorial Justice Assistance Grant program. Provides for alternative procedures for compliance by a state that is unable to substantially implement this Act because of a conflict with the state's constitution. | {"src": "billsum_train", "title": "To encourage States to prohibit \"Stand Your Ground\" laws and require Neighborhood Watch programs to register with local law enforcement agencies and the Department of Justice, and for other purposes."} | 992 | 250 | 0.674875 | 2.119472 | 0.778629 | 3.097345 | 3.995575 | 0.902655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Petrified Forest National Park
Expansion Act of 2002''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the Petrified Forest National Park was established--
(A) to preserve and interpret the globally
significant paleontological resources of the Park that
are generally regarded as the most important record of
the Triassic period in natural history; and
(B) to manage those resources to retain significant
cultural, natural, and scenic values;
(2) significant paleontological, archaeological, and scenic
resources directly related to the resource values of the Park
are located in land areas adjacent to the boundaries of the
Park;
(3) those resources not included within the boundaries of
the Park--
(A) are vulnerable to theft and desecration; and
(B) are disappearing at an alarming rate;
(4) the general management plan for the Park includes a
recommendation to expand the boundaries of the Park and
incorporate additional globally significant paleontological
deposits in areas adjacent to the Park--
(A) to further protect nationally significant
archaeological sites; and
(B) to protect the scenic integrity of the
landscape and viewshed of the Park; and
(5) a boundary adjustment at the Park will alleviate major
threats to those nationally significant resources.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
of the Interior to acquire 1 or more parcels of land--
(1) to expand the boundaries of the Park; and
(2) to protect the rare paleontological and archaeological
resources of the Park.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled
``Proposed Boundary Adjustments, Petrified Forest National
Park'', numbered ____, and dated ________.
(2) Park.--The term ``Park'' means the Petrified Forest
National Park in the State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Arizona.
SEC. 4. BOUNDARY REVISION.
(a) In General.--The boundary of the Park is revised to include
approximately ______ acres, as generally depicted on the map.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
SEC. 5. ACQUISITION OF ADDITIONAL LAND.
(a) Private Land.--The Secretary may acquire from a willing seller,
by purchase, exchange, or by donation, any private land or interests in
private land within the revised boundary of the Park.
(b) State Land.--
(1) In general.--The Secretary may, with the consent of the
State and in accordance with State law, acquire from the State
any State land or interests in State land within the revised
boundary of the Park by purchase or exchange.
(2) Plan.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall, in coordination
with the State, develop a plan for acquisition of State land or
interests in State land identified for inclusion within the
revised boundary of the Park.
SEC. 6. ADMINISTRATION.
(a) In General.--Subject to applicable laws, all land and interests
in land acquired under this Act shall be administered by the Secretary
as part of the Park.
(b) Transfer of Jurisdiction.--The Secretary shall transfer to the
National Park Service administrative jurisdiction over any land under
the jurisdiction of the Secretary that--
(1) is depicted on the map as being within the boundaries
of the Park; and
(2) is not under the administrative jurisdiction of the
National Park Service on the date of enactment of this Act.
(c) Grazing.--
(1) In general.--The Secretary shall permit the
continuation of grazing on land transferred to the Secretary
under this Act, subject to applicable laws (including
regulations) and Executive orders.
(2) Termination of leases or permits.--Nothing in this
subsection prohibits the Secretary from accepting the voluntary
termination of a grazing permit or grazing lease within the
Park.
(d) Amendment to General Management Plan.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall amend the
general management plan for the Park to address the use and management
of any additional land acquired under this Act. | Petrified Forest National Park Expansion Act of 2002 - Revises the boundaries of the Petrified Forest National Park in Arizona.Authorizes the Secretary of the Interior to acquire private and State lands within in the Park's revised boundary to be administered as part of the Park.Directs the Secretary to transfer to the National Park Service (NPS) administrative jurisdiction over any land under the Secretary's jurisdiction that: (1) is within the Park's boundaries; and (2) is not under the NPS's administrative jurisdiction.Permits the continuation of grazing on land transferred to the Secretary.Requires the Secretary to amend the general management plan for the Park to address the use and management of any additional land acquired under this Act. | {"src": "billsum_train", "title": "To revise the boundary of the Petrified Forest National Park in the State of Arizona, and for other purposes."} | 991 | 160 | 0.604761 | 1.489594 | 0.803555 | 4.536765 | 6.757353 | 0.904412 |
SECTION 1. NO FEDERAL FUNDS FOR DRUGS WHEN PRESCRIBED FOR THE TREATMENT
OF ERECTILE OR SEXUAL DYSFUNCTION.
(a) Restriction.--
(1) In general.--Notwithstanding any other provision of
law, no Federal funds may be expended for the payment or
reimbursement, including payment or reimbursement under any
Federal health care program, including the programs described
in paragraph (2), of a drug when prescribed for the treatment
of erectile or sexual dysfunction.
(2) Programs described.--
(A) In general.--The programs described in this
paragraph are the following:
(i) The Medicare program under title XVIII
of the Social Security Act.
(ii) The Medicaid program under title XIX
of the Social Security Act.
(iii) The social services block grant
program under title XX of the Social Security
Act.
(iv) The maternal and child health block
grant program under title V of the Social
Security Act.
(v) The Public Health Service Act.
(vi) Health related programs administered
by the Indian Health Service and programs under
the Indian Health care Improvement Act.
(vii) The Federal employees health benefits
program (FEHBP) under chapter 89 of title 5,
United States Code.
(viii) The military health programs under
chapter 55 of title 10, United States Code.
(ix) Medical care furnished by the
Secretary of Veterans Affairs under chapter 17
of title 38, United States Code.
(x) Health services for Peace Corps
volunteers under section 5(e) of the Peace
Corps Act (22 U.S.C. 2504(e)).
(xi) Medical services for Federal prisoners
under section 4005(a) of title 18, United
States Code.
(B) Federal health care program defined.--For
purposes of this section, the term ``Federal health
care program'' has the meaning given such term in
section 1128B(f)(1) of the Social Security Act, 42
U.S.C. 1320a-7b(f)(1), disregarding the reference in
such section to chapter 89 of title 5, United States
Code.
(C) Nonexclusive list.--Nothing in this paragraph
shall be construed as limiting the application of
paragraph (1) to the programs described in subparagraph
(A).
(b) Conforming Amendments for Specific Programs.--
(1) Medicare and medicaid programs.--(A) Section 1927(d)(2)
of the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended
by adding at the end the following new subparagraph:
``(K) Agents when prescribed for the treatment of
erectile or sexual dysfunction.''.
(B) Excluding federal funding for medicaid coverage for
drugs when prescribed for the treatment of erectile or sexual
dysfunction.--Section 1903(i) of such Act (42 U.S.C. 1396b(i))
is amended by inserting after paragraph (8) the following new
paragraph:
``(9) with respect to covered outpatient drugs when
prescribed for the treatment of erectile or sexual dysfunction;
or''.
(2) FEHBP.--Section 8904 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(c) A plan may not provide benefits for drugs when prescribed for
the treatment of erectile or sexual dysfunction.''.
(3) Military health program.--Section 1074g of title 10,
United States Code, is amended--
(A) by redesignating subsection (g) as subsection
(h); and
(B) by inserting after subsection (f) the following
new subsection:
``(g) Notwithstanding any other provision of this section, the
pharmacy benefit program shall not include any benefits for drugs when
prescribed for the treatment of erectile or sexual dysfunction.''.
(4) Veterans' health.--Section 1707 of title 38, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Funds appropriated to carry out this chapter may not be used
for the provision of drugs when prescribed for the treatment of
erectile or sexual dysfunction.''.
(5) IHS programs.--Section 225 of the Indian Health Care
Improvement Act (25 U.S.C. 1621x) is amended--
(A) by inserting ``(a)'' before ``Amounts
appropriated''; and
(B) by adding at the end the following new
subsection:
``(b) Funds appropriated to carry out this title may not be used
for the provision of drugs when prescribed for the treatment of
erectile or sexual dysfunction.''.
(c) Effective Date.--This section shall apply to drugs dispensed
after the date of enactment of this Act. | Prohibits the expenditure of federal funds for payment or reimbursement for a drug prescribed for the treatment of erectile or sexual dysfunction, including under any federal health care program (including Medicare, Medicaid, health-related programs administered by the Indian Health Service, the federal employees health benefits program, military health programs, medical care furnished by the Secretary of Veterans Affairs, and medical services for federal prisoners). | {"src": "billsum_train", "title": "To provide that no Federal funds may be expended for the payment or reimbursement of drugs when prescribed for the treatment of erectile or sexual dysfunction."} | 1,073 | 83 | 0.5372 | 1.449413 | 0.776191 | 3.644737 | 12.197368 | 0.960526 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.