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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Lending and Credit
Availability Act of 1993''.
SEC. 2. LOAN GUARANTEES IN QUALIFIED STATES.
(a) Participation Authority.--Section 7(a) of the Small Business
Act (15 U.S.C. 636(a)) is amended by adding at the end the following
new paragraph:
``(22) Loan guarantees in qualified states.--
``(A) In general.--The Administration shall, in
accordance with the requirements of this paragraph,
participate on a guaranteed basis in loans under this
subsection to small business concerns in qualified
States.
``(B) Guarantee amounts.--In agreements to
participate on a guaranteed basis in loans described in
subparagraph (A), such participation by the
Administration shall be--
``(i) not less than 90 percent of the
balance of the loan outstanding at the time of
disbursement, if the loan is not less than
$200,000, nor more than $500,000; and
``(ii) not less than 95 percent of the
balance of the loan outstanding at the time of
disbursement, if the loan is less than
$200,000.
``(C) Temporary waiver of guarantee fees.--
``(i) First 2 fiscal years.--In each of the
first 2 fiscal years beginning after the date
of the enactment of this paragraph, the
Administration shall waive any guarantee fee in
connection with a loan described in
subparagraph (A).
``(ii) Remaining fiscal years.--In the 3rd,
4th, and 5th fiscal years beginning after the
date of the enactment of this paragraph, the
Administration may collect a guarantee fee in
connection with a loan described in
subparagraph (A) in an amount equal to not more
than 1 percent of the outstanding balance of
the guaranteed amount of the loan. Any such fee
shall be payable by the participating lending
institution and may be charged to the borrower.
``(D) Retention of fee percentage by lenders.--In
order to encourage lending institutions to make loans
to small business concerns in qualified States, the
Administration shall permit lending institutions to
retain, on loans described in subparagraph (A) of
$200,000 or less, \1/2\ of any fee to be paid to the
Administration under subparagraph (C)(ii).
``(E) Presumption.--For a loan described in
subparagraph (A), any reasonable doubt as to the
ability of an applicant to repay the loan shall be
resolved in favor of the applicant.
``(F) Applicability.--The provisions of this
paragraph shall be in effect in each of the first 5
fiscal years beginning after the date of the enactment
of this paragraph. For such period, provisions of this
section which are inconsistent with this paragraph
shall not apply.
``(G) Definitions.--For purposes of this paragraph,
the following definitions apply:
``(i) Insured depository institution.--The
term `insured depository institution'--
``(I) has the same meaning as in
section 3 of the Federal Deposit
Insurance Act; and
``(II) includes an insured credit
union, as defined in section 101 of the
Federal Credit Union Act.
``(ii) State.--The term `State' means each
of the several States and the District of
Columbia.
``(iii) Qualified state.--The term
`qualified State' means any State in which--
``(I) during the 12-month period
ending on the date of enactment of this
paragraph, 1 or more insured depository
institutions having combined total
assets of not less than $100,000,000
closed due to an inability to meet the
demands of depositors; or
``(II) during the 12-month period
ending on the date of enactment of this
paragraph, 2 or more insured depository
institutions having combined total
assets of not less than $150,000,000
closed due to an inability to meet the
demands of depositors.''. | Small Business Lending and Credit Availability Act of 1993 - Amends the Small Business Act to direct the Small Business Administration (SBA) to participate in loans to small businesses located in States in which one or more insured depository institutions have been closed due to inability to meet depositor demands. Directs the SBA to guarantee 90 percent of any such loan for amounts between $200,000 and $500,000, and 95 percent of any such loan for amounts less than $200,000. Prohibits the SBA from collecting a guarantee fee from the lending institution or the borrower for such loan participation during the first two years of such participation, with a one percent (of the loan) fee permitted for the third through fifth years. Authorizes lenders to retain one-half of any fee so collected in order to encourage lenders to provide loans to small businesses located in areas of failed depository institutions. Limits the loan participation program to five years. | {"src": "billsum_train", "title": "Small Business Lending and Credit Availability Act of 1993"} | 910 | 195 | 0.601794 | 1.688992 | 0.751606 | 1.56 | 4.645714 | 0.76 |
SECTION 1. INCREASE IN PAYMENTS FOR ENTITLEMENT LANDS.
(a) Increase Based on Consumer Price Index.--Section 6903(b)(1) of
title 31, United States Code, is amended--
(1) in subparagraph (A), by striking ``75 cents for each
acre of entitlement land'' and inserting ``$1.65 for each acre
of entitlement land''; and
(2) in subparagraph (B), by striking ``10 cents for each
acre of entitlement land'' and inserting ``22 cents for each
acre of entitlement land''.
(b) Increase in Population Cap.--Section 6903(c) of title 31,
United States Code, is amended--
(1) in paragraph (1), by striking ``$50 times the
population'' and inserting ``$110 times the population''; and
(2) by amending the table at the end to read as follows:
the limitation
is equal to the
population
``If population equals--
times--
5,000........................... 110.00
6,000........................... 103.00
7,000........................... 97.00
8,000........................... 90.00
9,000........................... 84.00
10,000........................... 77.00
11,000........................... 75.00
12,000........................... 73.00
13,000........................... 70.00
14,000........................... 68.00
15,000........................... 66.00
16,000........................... 65.00
17,000........................... 64.00
18,000........................... 63.00
19,000........................... 62.00
20,000........................... 61.00
21,000........................... 60.00
22,000........................... 59.00
23,000........................... 59.00
24,000........................... 58.00
25,000........................... 57.00
26,000........................... 56.00
27,000........................... 56.00
28,000........................... 56.00
29,000........................... 55.00
30,000........................... 55.00
31,000........................... 54.00
32,000........................... 54.00
33,000........................... 53.00
34,000........................... 53.00
35,000........................... 52.00
36,000........................... 52.00
37,000........................... 51.00
38,000........................... 51.00
39,000........................... 50.00
40,000........................... 50.00
41,000........................... 49.00
42,000........................... 48.00
43,000........................... 48.00
44,000........................... 47.00
45,000........................... 47.00
46,000........................... 46.00
47,000........................... 46.00
48,000........................... 45.00
49,000........................... 45.00
50,000........................... 44.00.''.
SEC. 2. INDEXING OF PILT PAYMENTS FOR INFLATION.
Section 6903 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(d) The Secretary of the Interior shall, on October 1, 1993, and
each October 1 thereafter, adjust each dollar amount specified in
subsections (b) and (c) to reflect changes in the Consumer Price Index
published by the Bureau of Labor Statistics of the Department of Labor,
for the 12 months ending the preceding June 30.''.
SEC. 3. LAND EXCHANGES.
Section 6902(b) of title 31, United States Code, is amended by
striking ``acquisition.'' and inserting ``acquisition, and does not
apply to payments for lands conveyed to the United States in exchange
for Federal lands.''. | Amends Federal law to: (1) increase Federal payments to local governments for entitlement lands; (2) require the Secretary of the Interior to adjust such payments for inflation; and (3) exempt from such payments any lands conveyed to the United States in exchange for Federal lands. | {"src": "billsum_train", "title": "A bill to increase Federal payments to units of general local government for entitlement lands, and for other purposes."} | 755 | 58 | 0.455619 | 1.025468 | -0.063818 | 2.839286 | 10.785714 | 0.803571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficient Government
Technology Act''.
SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.
(a) Amendment.--Subtitle C of title V of the Energy Independence
and Security Act of 2007 (Public Law 110-140; 121 Stat. 1661) is
amended by adding at the end the following:
``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Information technology.--The term `information
technology' has the meaning given that term in section 11101 of
title 40, United States Code.
``(b) Development of Implementation Strategy.--Not later than 1
year after the date of enactment of this section, each Federal agency
shall coordinate with the Director, the Secretary, and the
Administrator of the Environmental Protection Agency to develop an
implementation strategy (that includes best practices and measurement
and verification techniques) for the maintenance, purchase, and use by
the Federal agency of energy-efficient and energy-saving information
technologies, taking into consideration the performance goals
established under subsection (d).
``(c) Administration.--In developing an implementation strategy
under subsection (b), each Federal agency shall consider--
``(1) advanced metering infrastructure;
``(2) energy-efficient data center strategies and methods
of increasing asset and infrastructure utilization;
``(3) advanced power management tools;
``(4) building information modeling, including building
energy management;
``(5) secure telework and travel substitution tools; and
``(6) mechanisms to ensure that the agency realizes the
energy cost savings brought about through increased efficiency
and utilization.
``(d) Performance Goals.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Director, in consultation
with the Secretary, shall establish performance goals for
evaluating the efforts of Federal agencies in improving the
maintenance, purchase, and use of energy-efficient and energy-
saving information technology.
``(2) Best practices.--The Chief Information Officers
Council established under section 3603 of title 44, United
States Code, shall recommend best practices for the attainment
of the performance goals, which shall include Federal agency
consideration of, to the extent applicable by law, the use of--
``(A) energy savings performance contracting; and
``(B) utility energy services contracting.
``(e) Reports.--
``(1) Agency reports.--Each Federal agency shall include in
the report of the agency under section 527 a description of the
efforts and results of the agency under this section.
``(2) OMB government efficiency reports and scorecards.--
Effective beginning not later than October 1, 2017, the
Director shall include in the annual report and scorecard of
the Director required under section 528 a description of the
efforts and results of Federal agencies under this section.''.
(b) Conforming Amendment.--The table of contents for the Energy
Independence and Security Act of 2007 is amended by adding after the
item relating to section 529 the following:
``Sec. 530. Energy-efficient and energy-saving information
technologies.''.
SEC. 3. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17112) is amended--
(1) in subsection (b)(2)(D)(iv), by striking ``determined
by the organization'' and inserting ``proposed by the
stakeholders'';
(2) by striking subsection (b)(3); and
(3) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--The Secretary and the Administrator
shall carry out subsection (b) in collaboration with the information
technology industry and other key stakeholders, with the goal of
producing results that accurately reflect the most relevant and useful
information available. In such collaboration, the Secretary and the
Administrator shall pay particular attention to organizations that--
``(1) have members with expertise in energy efficiency and
in the development, operation, and functionality of data
centers, information technology equipment, and software, such
as representatives of hardware manufacturers, data center
operators, and facility managers;
``(2) obtain and address input from Department of Energy
National Laboratories or any college, university, research
institution, industry association, company, or public interest
group with applicable expertise;
``(3) follow--
``(A) commonly accepted procedures for the
development of specifications; and
``(B) accredited standards development processes;
and
``(4) have a mission to promote energy efficiency for data
centers and information technology.
``(d) Measurements and Specifications.--The Secretary and the
Administrator shall consider and assess the adequacy of the
specifications, measurements, best practices, and benchmarks described
in subsection (b) for use by the Federal Energy Management Program, the
Energy Star Program, and other efficiency programs of the Department of
Energy or the Environmental Protection Agency.
``(e) Study.--The Secretary, in collaboration with the
Administrator, shall, not later than 18 months after the date of
enactment of the Energy Efficient Government Technology Act, make
available to the public an update to the Report to Congress on Server
and Data Center Energy Efficiency published on August 2, 2007, under
section 1 of Public Law 109-431 (120 Stat. 2920), that provides--
``(1) a comparison and gap analysis of the estimates and
projections contained in the original report with new data
regarding the period from 2008 through 2015;
``(2) an analysis considering the impact of information
technologies, including virtualization and cloud computing, in
the public and private sectors;
``(3) an evaluation of the impact of the combination of
cloud platforms, mobile devices, social media, and big data on
data center energy usage;
``(4) an evaluation of water usage in data centers and
recommendations for reductions in such water usage; and
``(5) updated projections and recommendations for best
practices through fiscal year 2020.
``(f) Data Center Energy Practitioner Program.--The Secretary, in
collaboration with key stakeholders and the Director of the Office of
Management and Budget, shall maintain a data center energy practitioner
program that leads to the certification of energy practitioners
qualified to evaluate the energy usage and efficiency opportunities in
Federal data centers. Each Federal agency shall consider having the
data centers of the agency evaluated every 4 years, in accordance with
section 543(f) of the National Energy Conservation Policy Act (42
U.S.C. 8253), by energy practitioners certified pursuant to such
program.
``(g) Open Data Initiative.--The Secretary, in collaboration with
key stakeholders and the Director of the Office of Management and
Budget, shall establish an open data initiative for Federal data center
energy usage data, with the purpose of making such data available and
accessible in a manner that encourages further data center innovation,
optimization, and consolidation. In establishing the initiative, the
Secretary shall consider the use of the online Data Center Maturity
Model.
``(h) International Specifications and Metrics.--The Secretary, in
collaboration with key stakeholders, shall actively participate in
efforts to harmonize global specifications and metrics for data center
energy and water efficiency.
``(i) Data Center Utilization Metric.--The Secretary, in
collaboration with key stakeholders, shall facilitate the development
of an efficiency metric that measures the energy efficiency of a data
center (including equipment and facilities).
``(j) Protection of Proprietary Information.--The Secretary and the
Administrator shall not disclose any proprietary information or trade
secrets provided by any individual or company for the purposes of
carrying out this section or the programs and initiatives established
under this section.''.
Passed the House of Representatives March 14, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Energy Efficient Government Technology Act (Sec. 2) This bill amends the Energy Independence and Security Act of 2007 to require each federal agency to coordinate with the Office of Management and Budget (OMB), the Department of Energy (DOE), and the Environmental Protection Agency to develop an implementation strategy for the maintenance, purchase, and use by the agency of energy-efficient and energy-saving information technologies. The OMB must establish performance goals for evaluating the efforts of agencies in improving the maintenance, purchase, and use of the technology. The executive branch's Chief Information Officers Council must recommend best practices for attaining the performance goals, including consideration of the use of energy savings performance and utility energy services contracting. Agencies must include in their annual government efficiency status reports a description of those energy-saving efforts and their results, and the OMB must begin to include in its annual government efficiency report a description of agencies' efforts and results. (Sec. 3) DOE must make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, that includes analyses of the impact of newer information technologies and computing methods and water usage by data centers. In collaboration with key stakeholders and the OMB, DOE must also: (1) maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in federal data centers; and (2) establish an open data initiative to make information about federal data center energy usage available and accessible while encouraging data center innovation, optimization, and consolidation. In collaboration with key stakeholders, DOE must: (1) participate in efforts to harmonize global specifications and metrics for data center energy and water efficiency, and (2) facilitate the development of a metric for data center energy efficiency. | {"src": "billsum_train", "title": "Energy Efficient Government Technology Act"} | 1,744 | 370 | 0.658064 | 2.061796 | 0.8277 | 4.444134 | 4.681564 | 0.913408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``H-Prize Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administering entity.--The term ``administering
entity'' means the entity with which the Secretary enters into
an agreement under section 3(c).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PRIZE AUTHORITY.
(a) In General.--The Secretary shall carry out a program to
competitively award cash prizes only in conformity with this Act to
advance the research, development, demonstration, and commercial
application of hydrogen energy technologies.
(b) Advertising and Solicitation of Competitors.--
(1) Advertising.--The Secretary shall widely advertise
prize competitions to encourage broad participation, including
by individuals, universities (including historically Black
colleges and universities and other minority serving
institutions), and large and small businesses (including
businesses owned or controlled by socially and economically
disadvantaged persons).
(2) Announcement through federal register notice.--The
Secretary shall announce each prize competition by publishing a
notice in the Federal Register. This notice shall include the
subject of the competition, the duration of the competition,
the eligibility requirements for participation in the
competition, the process for participants to register for the
competition, the amount of the prize, and the criteria for
awarding the prize.
(c) Administering the Competitions.--The Secretary shall enter into
an agreement with a private, nonprofit entity to administer the prize
competitions, subject to the provisions of this Act. The duties of the
administering entity under the agreement shall include--
(1) advertising prize competitions and their results;
(2) raising funds from private entities and individuals to
pay for administrative costs and to contribute to cash prizes;
(3) working with the Secretary to develop the criteria for
selecting winners in prize competitions, based on goals
provided by the Secretary;
(4) determining, in consultation with the Secretary, the
appropriate amount for each prize to be awarded;
(5) selecting judges in accordance with section 4(d), using
criteria developed in consultation with the Secretary; and
(6) preventing the unauthorized use or disclosure of a
registered participant's intellectual property, trade secrets,
and confidential business information.
(d) Funding Sources.--Prizes under this Act shall consist of
Federal appropriated funds and any funds provided by the administering
entity (including funds raised pursuant to subsection (c)(2)) for such
cash prizes. The Secretary may accept funds from other Federal agencies
for such cash prizes. The Secretary may not give any special
consideration to any private sector entity or individual in return for
a donation to the administering entity.
(e) Announcement of Prizes.--The Secretary may not issue a notice
required by subsection (b)(2) until all the funds needed to pay out the
announced amount of the prize have been appropriated or committed in
writing by the administering entity. The Secretary may increase the
amount of a prize after an initial announcement is made under
subsection (b)(2) if--
(1) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(2) the funds needed to pay out the announced amount of the
increase have been appropriated or committed in writing by the
administering entity.
(f) Sunset.--The authority to announce prize competitions under
this Act shall terminate on September 30, 2018.
SEC. 4. PRIZE CATEGORIES.
(a) Categories.--The Secretary shall establish prizes for--
(1) advancements in components or systems related to--
(A) hydrogen production;
(B) hydrogen storage;
(C) hydrogen distribution; and
(D) hydrogen utilization;
(2) prototypes of hydrogen-powered vehicles or other
hydrogen-based products that best meet or exceed objective
performance criteria, such as completion of a race over a
certain distance or terrain or generation of energy at certain
levels of efficiency; and
(3) transformational changes in technologies for the
distribution or production of hydrogen that meet or exceed far-
reaching objective criteria, which shall include minimal carbon
emissions and which may include cost criteria designed to
facilitate the eventual market success of a winning technology.
(b) Awards.--
(1) Advancements.--To the extent permitted under section
3(e), the prizes authorized under subsection (a)(1) shall be
awarded biennially to the most significant advance made in each
of the four subcategories described in subparagraphs (A)
through (D) of subsection (a)(1) since the submission deadline
of the previous prize competition in the same category under
subsection (a)(1) or the date of enactment of this Act,
whichever is later, unless no such advance is significant
enough to merit an award. No one such prize may exceed
$1,000,000. If less than $4,000,000 is available for a prize
competition under subsection (a)(1), the Secretary may omit one
or more subcategories, reduce the amount of the prizes, or not
hold a prize competition.
(2) Prototypes.--To the extent permitted under section
3(e), prizes authorized under subsection (a)(2) shall be
awarded biennially in alternate years from the prizes
authorized under subsection (a)(1). The Secretary is authorized
to award up to one prize in this category in each 2-year
period. No such prize may exceed $4,000,000. If no registered
participants meet the objective performance criteria
established pursuant to subsection (c) for a competition under
this paragraph, the Secretary shall not award a prize.
(3) Transformational technologies.--To the extent permitted
under section 3(e), the Secretary shall announce one prize
competition authorized under subsection (a)(3) as soon after
the date of enactment of this Act as is practicable. A prize
offered under this paragraph shall be not less than
$10,000,000, paid to the winner in a lump sum, and an
additional amount paid to the winner as a match for each dollar
of private funding raised by the winner for the hydrogen
technology beginning on the date the winner was named. The
match shall be provided for 3 years after the date the prize
winner is named or until the full amount of the prize has been
paid out, whichever occurs first. A prize winner may elect to
have the match amount paid to another entity that is continuing
the development of the winning technology. The Secretary shall
announce the rules for receiving the match in the notice
required by section 3(b)(2). The Secretary shall award a prize
under this paragraph only when a registered participant has met
the objective criteria established for the prize pursuant to
subsection (c) and announced pursuant to section 3(b)(2). Not
more than $10,000,000 in Federal funds may be used for the
prize award under this paragraph. The administering entity
shall seek to raise $40,000,000 toward the matching award under
this paragraph.
(c) Criteria.--In establishing the criteria required by this Act,
the Secretary shall consult with--
(1) the Department's Hydrogen Technical and Fuel Cell
Advisory Committee;
(2) other Federal agencies, including the National Science
Foundation; and
(3) private organizations, including professional
societies, industry associations, and the National Academy of
Sciences and the National Academy of Engineering.
(d) Judges.--For each prize competition, the Secretary shall
assemble a panel of qualified judges to select the winner or winners on
the basis of the criteria established under subsection (c). Judges for
each prize competition shall include individuals from outside the
Department, including from the private sector. A judge may not--
(1) have personal or financial interests in, or be an
employee, officer, director, or agent of, any entity that is a
registered participant in the prize competition for which he or
she will serve as a judge; or
(2) have a familial or financial relationship with an
individual who is a registered participant in the prize
competition for which he or she will serve as a judge.
SEC. 5. ELIGIBILITY.
To be eligible to win a prize under this Act, an individual or
entity--
(1) shall have complied with all the requirements in
accordance with the Federal Register notice required under
section 3(b)(2);
(2) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States, and in the case of an individual, whether participating
singly or in a group, shall be a citizen of, or an alien
lawfully admitted for permanent residence in, the United
States; and
(3) shall not be a Federal entity, a Federal employee
acting within the scope of his employment, or an employee of a
national laboratory acting within the scope of his employment.
SEC. 6. INTELLECTUAL PROPERTY.
The Federal Government shall not, by virtue of offering or awarding
a prize under this Act, be entitled to any intellectual property rights
derived as a consequence of, or direct relation to, the participation
by a registered participant in a competition authorized by this Act.
This section shall not be construed to prevent the Federal Government
from negotiating a license for the use of intellectual property
developed for a prize competition under this Act.
SEC. 7. LIABILITY.
(a) Waiver of Liability.--The Secretary may require registered
participants to waive claims against the Federal Government and the
administering entity (except claims for willful misconduct) for any
injury, death, damage, or loss of property, revenue, or profits arising
from the registered participants' participation in a competition under
this Act. The Secretary shall give notice of any waiver required under
this subsection in the notice required by section 3(b)(2). The
Secretary may not require a registered participant to waive claims
against the administering entity arising out of the unauthorized use or
disclosure by the administering entity of the registered participant's
intellectual property, trade secrets, or confidential business
information.
(b) Liability Insurance.--
(1) Requirements.--Registered participants shall be
required to obtain liability insurance or demonstrate financial
responsibility, in amounts determined by the Secretary, for
claims by--
(A) a third party for death, bodily injury, or
property damage or loss resulting from an activity
carried out in connection with participation in a
competition under this Act; and
(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
(2) Federal government insured.--The Federal Government
shall be named as an additional insured under a registered
participant's insurance policy required under paragraph (1)(A),
and registered participants shall be required to agree to
indemnify the Federal Government against third party claims for
damages arising from or related to competition activities.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) Awards.--There are authorized to be appropriated to the
Secretary for the period encompassing fiscal years 2008 through
2017 for carrying out this Act--
(A) $20,000,000 for awards described in section
(4)(a)(1);
(B) $20,000,000 for awards described in section
4(a)(2); and
(C) $10,000,000 for the award described in section
4(a)(3).
(2) Administration.--In addition to the amounts authorized
in paragraph (1), there are authorized to be appropriated to
the Secretary for each of fiscal years 2008 through 2017
$2,000,000 for the administrative costs of carrying out this
Act.
(b) Carryover of Funds.--Funds appropriated for prize awards under
this Act shall remain available until expended, and may be transferred,
reprogrammed, or expended for other purposes only after the expiration
of 10 fiscal years after the fiscal year for which the funds were
originally appropriated. No provision in this Act permits obligation or
payment of funds in violation of section 1341 of title 31 of the United
States Code (commonly referred to as the Anti-Deficiency Act).
SEC. 9. NONSUBSTITUTION.
The programs created under this Act shall not be considered a
substitute for Federal research and development programs. | H-Prize Act of 2007 - Directs the Secretary of Energy to award competitive cash prizes to advance the research, development, demonstration, and commercial application of hydrogen energy technologies.
Designates prize-eligible categories, including: (1) advancements in certain hydrogen components or systems; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that meet or exceed certain performance criteria; and (3) transformational changes in technologies for hydrogen distribution or production that meet or exceed far-reaching criteria, including minimal carbon emissions, and which may include cost criteria designed to facilitate the eventual market success of a winning technology. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Energy to establish monetary prizes for achievements in overcoming scientific and technical barriers associated with hydrogen energy."} | 2,579 | 127 | 0.557886 | 1.509954 | 0.56407 | 5.360656 | 20.180328 | 0.967213 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diesel Emissions Reduction Act of
2010''.
SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM.
(a) Definitions.--Section 791 of the Energy Policy Act of 2005 (42
U.S.C. 16131) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) any private individual or entity that--
``(i) is the owner of record of a diesel vehicle or
fleet operated pursuant to a contract, license, or lease
with a Federal department or agency or an entity described
in subparagraph (A); and
``(ii) meets such timely and appropriate requirements
as the Administrator may establish for vehicle use and for
notice to and approval by the Federal department or agency
or entity described in subparagraph (A) with respect to
which the owner has entered into a contract, license, or
lease as described in clause (i).'';
(2) in paragraph (4), by inserting ``currently, or has not been
previously,'' after ``that is not'';
(3) by striking paragraph (9);
(4) by redesignating paragraph (8) as paragraph (9);
(5) in paragraph (9) (as so redesignated), in the matter
preceding subparagraph (A), by striking ``, advanced truckstop
electrification system,''; and
(6) by inserting after paragraph (7) the following:
``(8) State.--The term `State' means the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, the
United States Virgin Islands, American Samoa, and the Commonwealth
of the Northern Mariana Islands.''.
(b) National Grant, Rebate, and Loan Programs.--Section 792 of the
Energy Policy Act of 2005 (42 U.S.C. 16132) is amended--
(1) in the section heading, by inserting ``, rebate,'' after
``grant'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking ``to
provide grants and low-cost revolving loans, as determined by
the Administrator, on a competitive basis, to eligible
entities'' and inserting ``to provide grants, rebates, or low-
cost revolving loans, as determined by the Administrator, on a
competitive basis, to eligible entities, including through
contracts entered into under subsection (e) of this section,'';
and
(B) in paragraph (1), by striking ``tons of'';
(3) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (2); and
(C) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A), in the matter preceding clause
(i), by striking ``90'' and inserting ``95'';
(ii) in subparagraph (B)(i), by striking ``10 percent''
and inserting ``5 percent''; and
(iii) in subparagraph (B)(ii), by striking ``the
application under subsection (c)'' and inserting ``a
verification application'';
(4) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(B) by striking paragraph (1) and inserting the following:
``(1) Expedited process.--
``(A) In general.--The Administrator shall develop a
simplified application process for all applicants under this
section to expedite the provision of funds.
``(B) Requirements.--In developing the expedited process
under subparagraph (A), the Administrator--
``(i) shall take into consideration the special
circumstances affecting small fleet owners; and
``(ii) to avoid duplicative procedures, may require
applicants to include in an application under this section
the results of a competitive bidding process for equipment
and installation.
``(2) Eligibility.--
``(A) Grants.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Administrator
an application at such time, in such manner, and containing
such information as the Administrator may require.
``(B) Rebates and low-cost loans.--To be eligible to
receive a rebate or a low-cost loan under this section, an
eligible entity shall submit an application in accordance with
such guidance as the Administrator may establish--
``(i) to the Administrator; or
``(ii) to an entity that has entered into a contract
under subsection (e).'';
(C) in paragraph (3)(G) (as redesignated by subparagraph
(A)), by inserting ``in the case of an application relating to
nonroad engines or vehicles,'' before ``a description of the
diesel''; and
(D) in paragraph (4) (as redesignated by subparagraph
(A))--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``, rebate,'' after ``grant''; and
(II) by inserting ``highest'' after ``shall give'';
(ii) in subparagraph (C)(iii)--
(I) by striking ``a diesel fleets'' and inserting
``diesel fleets''; and
(II) by inserting ``construction sites, schools,''
after ``terminals,'';
(iii) in subparagraph (E), by adding ``and'' at the
end;
(iv) in subparagraph (F), by striking ``; and'' and
inserting a period; and
(v) by striking subparagraph (G);
(5) in subsection (d)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``, rebate,'' after ``grant''; and
(B) in paragraph (2)(A)--
(i) by striking ``grant or loan provided'' and
inserting ``grant, rebate, or loan provided, or contract
entered into,''; and
(ii) by striking ``Federal, State or local law'' and
inserting ``any Federal law, except that this subparagraph
shall not apply to a mandate in a State implementation plan
approved by the Administrator under the Clean Air Act'';
and
(6) by adding at the end the following:
``(e) Contract Programs.--
``(1) Authority.--In addition to the use of contracting
authority otherwise available to the Administrator, the
Administrator may enter into contracts with eligible contractors
described in paragraph (2) for the administration of programs for
providing rebates or loans, subject to the requirements of this
subtitle.
``(2) Eligible contractors.--The Administrator may enter into a
contract under this subsection with a for-profit or nonprofit
entity that has the capacity--
``(A) to sell diesel vehicles or equipment to, or to
arrange financing for, individuals or entities that own a
diesel vehicle or fleet; or
``(B) to upgrade diesel vehicles or equipment with verified
or Environmental Protection Agency-certified engines or
technologies, or to arrange financing for such upgrades.
``(f) Public Notification.--Not later than 60 days after the date
of the award of a grant, rebate, or loan, the Administrator shall
publish on the website of the Environmental Protection Agency--
``(1) for rebates and loans provided to the owner of a diesel
vehicle or fleet, the total number and dollar amount of rebates or
loans provided, as well as a breakdown of the technologies funded
through the rebates or loans; and
``(2) for other rebates and loans, and for grants, a
description of each application for which the grant, rebate, or
loan is provided.''.
(c) State Grant, Rebate, and Loan Programs.--Section 793 of the
Energy Policy Act of 2005 (42 U.S.C. 16133) is amended--
(1) in the section heading, by inserting ``, rebate,'' after
``grant'';
(2) in subsection (a), by inserting ``, rebate,'' after
``grant'';
(3) in subsection (b)(1), by inserting ``, rebate,'' after
``grant'';
(4) by amending subsection (c)(2) to read as follows:
``(2) Allocation.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), using not more than 20 percent of the funds made
available to carry out this subtitle for a fiscal year, the
Administrator shall provide to each State qualified for an
allocation for the fiscal year an allocation equal to \1/53\ of
the funds made available for that fiscal year for distribution
to States under this paragraph.
``(B) Certain territories.--
``(i) In general.--Except as provided in clause (ii),
Guam, the United States Virgin Islands, American Samoa, and
the Commonwealth of the Northern Mariana Islands shall
collectively receive an allocation equal to \1/53\ of the
funds made available for that fiscal year for distribution
to States under this subsection, divided equally among
those 4 States.
``(ii) Exception.--If any State described in clause (i)
does not qualify for an allocation under this paragraph,
the share of funds otherwise allocated for that State under
clause (i) shall be reallocated pursuant to subparagraph
(C).
``(C) Reallocation.--If any State does not qualify for an
allocation under this paragraph, the share of funds otherwise
allocated for that State under this paragraph shall be
reallocated to each remaining qualified State in an amount
equal to the product obtained by multiplying--
``(i) the proportion that the population of the State
bears to the population of all States described in
paragraph (1); by
``(ii) the amount otherwise allocatable to the
nonqualifying State under this paragraph.'';
(5) in subsection (d)--
(A) in paragraph (1), by inserting ``, rebate,'' after
``grant'';
(B) in paragraph (2), by inserting ``, rebates,'' after
``grants'';
(C) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``grant or loan provided under this section
may be used'' and inserting ``grant, rebate, or loan provided
under this section shall be used''; and
(D) by adding at the end the following:
``(4) Priority.--In providing grants, rebates, and loans under
this section, a State shall use the priorities in section
792(c)(4).
``(5) Public notification.--Not later than 60 days after the
date of the award of a grant, rebate, or loan by a State, the State
shall publish on the Web site of the State--
``(A) for rebates, grants, and loans provided to the owner
of a diesel vehicle or fleet, the total number and dollar
amount of rebates, grants, or loans provided, as well as a
breakdown of the technologies funded through the rebates,
grants, or loans; and
``(B) for other rebates, grants, and loans, a description
of each application for which the grant, rebate, or loan is
provided.''.
(d) Evaluation and Report.--Section 794(b) of the Energy Policy Act
of 2005 (42 U.S.C. 16134(b)) is amended--
(1) in each of paragraphs (2) through (5) by inserting ``,
rebate,'' after ``grant'' each place it appears;
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(7) in the last report sent to Congress before January 1,
2016, an analysis of the need to continue the program, including an
assessment of the size of the vehicle and engine fleet that could
provide benefits from being retrofit under this program and a
description of the number and types of applications that were not
granted in the preceding year.''.
(e) Authorization of Appropriations.--Section 797 of the Energy
Policy Act of 2005 (42 U.S.C. 16137) is amended to read as follows:
``SEC. 797. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this subtitle $100,000,000 for each of fiscal years 2012 through
2016, to remain available until expended.
``(b) Management and Oversight.--The Administrator may use not more
than 1 percent of the amounts made available under subsection (a) for
each fiscal year for management and oversight purposes.''.
SEC. 3. AUDIT.
(a) In General.--Not later than 360 days after the date of
enactment of this Act, the Comptroller General of the United States
shall carry out an audit to identify--
(1) all Federal mobile source clean air grant, rebate, or low
cost revolving loan programs under the authority of the
Administrator of the Environmental Protection Agency, the Secretary
of Transportation, or other relevant Federal agency heads that are
designed to address diesel emissions from, or reduce diesel fuel
usage by, diesel engines and vehicles; and
(2) whether, and to what extent, duplication or overlap among,
or gaps between, these Federal mobile source clean air programs
exists.
(b) Report.--The Comptroller General of the United States shall--
(1) submit to the Committee on Environment and Public Works of
the Senate and the Committee on Energy and Commerce of the House of
Representatives a copy of the audit under subsection (a); and
(2) make a copy of the audit under subsection (a) available on
a publicly accessible Internet site.
(c) Offset.--All unobligated amounts provided to carry out the
pilot program under title I of division G of the Omnibus Appropriations
Act, 2009 (Public Law 111-8; 123 Stat. 814) under the heading
``miscellaneous items'' are rescinded.
SEC. 4. EFFECTIVE DATE.
(a) General Rule.--Except as provided in subsection (b), the
amendments made by section 2 shall take effect on October 1, 2011.
(b) Exception.--The amendments made by subsections (a)(4) and (6)
and (c)(4) of section 2 shall take effect on the date of enactment of
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Diesel Emissions Reduction Act of 2010 - Amends the Energy Policy Act of 2005 to reauthorize and extend funding for a grant program for reducing diesel emissions. Authorizes the Administrator of the Environmental Protection Agency (EPA) to: (1) provide rebates, on a competitive basis, including through contracts for the administration of programs for providing rebates and loans, to eligible entities to achieve significant reductions in diesel emissions; and (2) support rebate programs administered by states that are designed to achieve significant reductions in diesel emissions.
Includes among entities eligible to receive funding for reducing diesel emissions any private individual or entity that: (1) is the owner of a diesel vehicle or fleet operated pursuant to a contract, license, or lease with a federal agency or a regional, state, local, or tribal agency or port authority with jurisdiction over transportation or air quality; and (2) meets such requirements as the Administrator may establish for vehicle use and for notice to and approval by such agency with respect to a contract, license, or lease.
Redefines "emerging technology" to mean a technology which is not or has not been certified or verified by, but for which an approved application and test plan has been submitted to, the Administrator or the California Air Resources Board.
Includes Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands within the meaning of "state" along with states and the District of Columbia.
Revises provisions concerning the distribution and use of funds and applications for such funding. Requires the Administrator to develop a simplified application process for applicants to expedite the provision of funds. Requires each state to give priority to projects that meet specified criteria. Requires the Administrator and each state to publish on its website the total number and dollar amount of rebates and loans provided, as well as a breakdown of the technologies funded and a description of each application for which a grant or loan is provided.
Requires the Administrator to include in a report on the implementation of such program sent to Congress before January 1, 2016, an analysis of the need to continue the program, including an assessment of the size of the vehicle and engine fleet that could provide benefits from being retrofitted under this program and a description of the number and types of applications that were not granted in the preceding year.
Requires the Comptroller General to carry out and report on an audit to identify: (1) all federal mobile source clean air grant, rebate, or low cost revolving loan programs under the authority of the Administrator, the Secretary of Transportation, or other relevant federal agency heads that are designed to address diesel emissions from, or reduce diesel fuel usage by, diesel engines and vehicles; and (2) duplication or overlap among, or gaps between, federal mobile source clean air programs.
Rescinds all unobligated amounts provided to carry out the pilot program for mailings of postal patron postcards by Senators for the purpose of providing notice of town meetings the Senator will attend. | {"src": "billsum_train", "title": "An act to amend the Energy Policy Act of 2005 to reauthorize and modify provisions relating to the diesel emissions reduction program."} | 3,391 | 635 | 0.605971 | 2.012244 | 0.674127 | 4.558059 | 5.436742 | 0.863085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oglala Sioux Tribe Angostura
Irrigation Project Modernization and Development Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress approved the Pick-Sloan Missouri River Basin
Program by passing the Act of December 22, 1944 (commonly known
as the ``Flood Control Act of 1944'') (33 U.S.C. 701-1 et
seq.)--
(A) to promote the economic development of the
United States;
(B) to provide for irrigation in regions north of
Sioux City, Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the Angostura Unit--
(A) is a component of the Pick-Sloan program; and
(B) provides for--
(i) irrigation of approximately 12,218
acres of productive farm land in South Dakota;
and
(ii) substantial recreation and fish and
wildlife benefits;
(3) the Commissioner of Reclamation has determined that--
(A) the national economic development benefits from
irrigation at the Angostura Unit total approximately
$3,410,000 annually; and
(B) the national economic development benefits of
recreation at Angostura Reservoir total approximately
$7,100,000 annually;
(4) the Angostura Unit impounds the Cheyenne River 20 miles
upstream of the Pine Ridge Indian Reservation in South Dakota;
(5) the Reservation experiences extremely high rates of
unemployment and poverty;
(6) there is a need for economic development on the
Reservation;
(7) the national economic development benefits of the
Angostura Unit do not extend to the Reservation;
(8) the Angostura Unit may be associated with negative
effects on water quality and riparian vegetation in the
Cheyenne River on the Reservation;
(9) modernization of the irrigation facilities at the
Angostura Unit would--
(A) enhance the national economic development
benefits of the Angostura Unit; and
(B) result in improved water efficiency and
environmental restoration benefits on the Reservation;
and
(10) the establishment of a trust fund for the Oglala Sioux
Tribe would--
(A) produce economic development benefits for the
Reservation comparable to the benefits produced at the
Angostura Unit; and
(B) provide resources that are necessary for
restoration of the Cheyenne River corridor on the
Reservation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Angostura unit.--The term ``Angostura Unit'' means the
irrigation unit of the Angostura irrigation project developed
under the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
(2) Fund.--The term ``Fund'' means the Oglala Sioux Tribal
Development Trust Fund established by section 201(a).
(3) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River basin program approved
under the Act of December 22, 1944 (33 U.S.C. 701-1 et seq.)
(commonly known as the ``Flood Control Act of 1944'').
(4) Plan.--The term ``plan'' means the development plan
developed by the Tribe under section 201(f).
(5) Reservation.--The term ``Reservation'' means the Pine
Ridge Indian Reservation.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Tribal council.--The term ``Tribal Council'' means the
governing body of the Tribe.
(8) Tribe.--The term ``Tribe'' means the Oglala Sioux Tribe
of the Pine Ridge Indian Reservation.
SEC. 4. MODERNIZATION.
(a) Modernization of Facilities at Angostura Unit.--
(1) In general.--The Secretary shall carry out the
modernization and improvement of the facilities at the
Angostura Unit as described in the Improved Efficiencies
Alternative included in the report entitled ``Final
Environmental Impact Statement, Angostura Unit Contract
Negotiation and Water Management (August 2002)''.
(2) Nonreimbursability.--The cost of the modernization and
improvement of the facilities at the Angostura Unit shall be
carried out on a nonreimbursable basis.
(b) Delivery of Water to Pine Ridge Indian Reservation.--The
Secretary shall provide for the delivery of the water saved through the
modernization and improvement of the facilities of the Angostura Unit
as an instream flow of the Cheyenne River to be used for fish and
wildlife purposes and environmental restoration on the Reservation.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $4,660,000, to remain
available until expended.
SEC. 5. DEVELOPMENT.
(a) Oglala Sioux Tribal Development Trust Fund.--
(1) Oglala sioux tribal development trust fund.--There is
established in the Treasury of the United States a fund to be
known as the ``Oglala Sioux Tribal Development Trust Fund'',
consisting of any amounts deposited in the Fund under this Act.
(2) Funding.--Not later than the first day of the 11th
fiscal year that begins after the date of enactment of this
Act, the Secretary of the Treasury shall deposit in the Fund,
from the general fund of the Treasury, $92,500,000.
(3) Investment of trust fund.--
(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals.
(B) Eligible obligations.--Notwithstanding any
other provision of law, the Secretary of the Treasury
shall invest the amounts deposited under paragraph (2)
and the interest earned on those amounts only in
interest-bearing obligations of the United States
issued directly to the Fund.
(C) Interest.--The Secretary of the Treasury shall
deposit interest resulting from such investments into
the Fund.
(4) Payment of interest to tribe.--
(A) Withdrawal of interest.--On October 1st of each
year, the Secretary of the Treasury shall transfer the
aggregate amount of interest deposited into the Fund
for the fiscal year to the Secretary for use in
accordance with subparagraph (C).
(B) Availability.--Each amount transferred under
subparagraph (A) shall be available without fiscal year
limitation.
(C) Payments to tribe.--
(i) In general.--The Secretary shall use
the amounts transferred under subparagraph (A)
only for the purpose of making payments to the
Tribe, as such payments are requested by the
Tribe pursuant to tribal resolution.
(ii) Limitation.--Payments may be made by
the Secretary under clause (i) only after the
Tribe has adopted a plan under paragraph (6).
(iii) Use of payments by tribe.--The Tribe
shall use the payments made under this
subparagraph only for carrying out projects and
programs under the plan prepared under
paragraph (6).
(5) Limitation on transfers and withdrawals.--Except as
provided in paragraphs (3) and (4)(A), the Secretary of the
Treasury shall not transfer or withdraw any amount deposited
into the Fund under paragraph (2).
(6) Development plan.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Tribal Council shall
prepare a plan for the use of the payments to the Tribe
under paragraph (4).
(B) Contents.--The plan shall provide for the
manner in which the Tribe shall expend payments to the
Tribe under paragraph (4) to promote--
(i) economic development;
(ii) infrastructure development;
(iii) the educational, health,
recreational, and social welfare objectives of
the Tribe and members of the Tribe; or
(iv) any combination of the activities
described in clauses (i) through (iii).
(C) Plan review and revision.--
(i) In general.--The Tribal Council shall
make available for review and comment by the
members of the Tribe a copy of the plan before
the plan becomes final, in accordance with
procedures established by the Tribal Council.
(ii) Updating of plan.--
(I) In general.--The Tribal Council
may, on an annual basis, revise the
plan.
(II) Review and comment.--In
revising the plan, the Tribal Council
shall provide the members of the Tribe
opportunity to review and comment on
any proposed revision to the plan.
(iii) Consultation.--In preparing the plan
and any revisions to the plan, the Tribal
Council shall consult with the Secretary and
the Secretary of Health and Human Services.
(D) Audit.--
(i) In general.--The activities of the
Tribe in carrying out the plan shall be audited
as part of the annual single-agency audit that
the Tribe is required to prepare pursuant to
the Office of Management and Budget circular
numbered A-133.
(ii) Determination by auditors.--The
auditors that conduct the audit under this
subparagraph shall--
(I) determine whether funds
received by the Tribe under this
section for the period covered by the
audit were expended to carry out the
plan in a manner consistent with this
section; and
(II) include in the written
findings of the audit the determination
made under clause (i).
(iii) Inclusion of findings with
publication of proceedings of tribal council.--
A copy of the written findings of the audit
described in this subparagraph shall be
inserted in the published minutes of the Tribal
Council proceedings for the session at which
the audit is presented to the Tribal Council.
(7) Prohibition of per capita payments.--No portion of any
payment made under this Act may be distributed to any member of
the Tribe on a per capita basis.
(b) Eligibility of Tribe for Certain Programs and Services.--No
payment made to the Tribe under this Act shall result in the reduction
or denial of any service or program with respect to which, under
Federal law--
(1) the Tribe is otherwise entitled because of the status
of the Tribe as a federally recognized Indian tribe; or
(2) any individual who is a member of the Tribe is entitled
because of the status of the individual as a member of the
Tribe.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to pay the administrative
expenses of the Fund.
(d) Disclaimer of Effects.--Nothing in this Act affects--
(1) any right or claim of the Tribe under the Treaty of
Fort Laramie of September 17, 1851 (11 Stat. 749);
(2) any right or claim of the Tribe under the Treaty of
Fort Laramie of April 29, 1868 (15 Stat. 635); or
(3) the reserved water rights of the Tribe under the
principles of Winters v. United States (207 U.S. 564 (1908)). | Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act - Directs the Secretary of the Interior to: (1) carry out the modernization and improvement of facilities at the Angostura Irrigation Unit of the Pick-Sloan Missouri River basin program; and (2) provide for the delivery of water saved through such modernization and improvement for fish and wildlife purposes and environmental restoration on the Pine Ridge Indian Reservation (South Dakota). Authorizes appropriations.
Establishes in the Treasury the Oglala Sioux Tribal Development Trust Fund. Directs the Secretary of the Treasury to: (1) deposit $92.5 million into such Trust Fund by the first day of the 11th fiscal year after the enactment of this Act; and (2) make payments to the Oglala Sioux Tribe of the Pine Ridge Indian Reservation as requested by the Tribe pursuant to tribal resolution. Requires the Tribal Council to prepare a plan for the use of such payments for economic and infrastructure development and for educational, health, recreational, and social welfare objectives of the Tribe or members of the Tribe. Provides for the review and updating of such plan and the auditing of the activities of the Tribe in carrying out the plan. Prohibits payments to any member of the Tribe on a per capita basis.
States that no payment made to the Tribe under this Act shall result in the reduction or denial of any service or program to which the Tribe or any member of the Tribe is otherwise entitled under federal law.
Authorizes appropriations to pay the administrative expenses of the Trust Fund.
Declares that nothing in this Act affects: (1) any right or claim of the Tribe under the Treaty of Fort Laramie of September 17, 1851, or April 29, 1868; or (2) reserved water rights of the Tribe. | {"src": "billsum_train", "title": "A bill to enhance and provide to the Oglala Sioux Tribe and Angostura Irrigation Project certain benefits of the Pick-Sloan Missouri River basin program."} | 2,492 | 402 | 0.602777 | 1.907383 | 0.835746 | 4.426036 | 6.440828 | 0.952663 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Children Learn Act''.
SEC. 2. ASTHMA, VISION, AND HEARING SCREENING FOR EARLY HEAD START AND
HEAD START PROGRAMS.
(a) Early Head Start Programs.--Section 645A of the Head Start Act
(42 U.S.C. 9840a) is amended by adding at the end the following:
``(h) Asthma, Vision, and Hearing Screening.--
``(1) In general.--An entity that receives assistance under
this section may carry out a program under which the entity--
``(A) determines whether a child eligible to
participate in the program described in subsection
(a)(1) has received each of an asthma, vision, and
hearing screening test using a test that is appropriate
for age and risk factors on the enrollment of the child
in the program; and
``(B) in the case of a child who has not received
each of an asthma, and vision, and hearing screening
test, ensures that the enrolled child receives such a
test either by referral or by performing the test
(under contract or otherwise).
``(2) Reimbursement.--
``(A) In general.--On the request of an entity that
performs or arranges for the performance of an asthma,
vision, or hearing screening test under paragraph (1)
on a child who is eligible for or receiving medical
assistance under a State plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), the
Secretary of Health and Human Services, notwithstanding
any other provision of, or limitation under, title XIX
of the Social Security Act, shall reimburse the entity,
from funds that are made available under that title,
for 100 percent of the cost of the test and data
reporting.
``(B) Costs.--The costs of a test conducted under
this subsection--
``(i) shall include reimbursement for
testing devices and associated supplies
approved for sale by the Food and Drug
Administration and used in compliance with
section 353 of the Public Health Service Act
(42 U.S.C. 263a); and
``(ii) shall include reimbursement for
administering the tests and related services,
as determined appropriate by the State agency.
``(3) Head start.--This subsection shall apply to Head
Start programs that include coverage, directly or indirectly,
for infants and toddlers under the age of 3 years.''.
(b) Head Start Programs.--Section 642(b) of the Head Start Act (42
U.S.C. 9837(b)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(12) with respect to an agency that elects to carry out a
program under section 645(h), comply with the requirements of
such section 645A(h) in the case of each child eligible to
participate in the Head Start program to be carried out by the
agency.''.
SEC. 3. ASTHMA, VISION, AND HEARING SCREENING AND TREATMENT FOR
CHILDREN ENROLLED IN PUBLIC SCHOOLS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by adding at the end the following:
``SEC. 320B. ASTHMA, VISION, AND HEARING SCREENING AND TREATMENT FOR
CHILDREN ENROLLED IN PUBLIC SCHOOLS.
``(a) Grants.--The Secretary shall award grants to eligible local
educational agencies to enable such agencies to carry out asthma,
vision, hearing, or other health screening and case management programs
determined appropriate by the Secretary in accordance with the program
elements described in subsection (d).
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a local educational agency shall prepare and submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(c) Preference.--In awarding grants under this section, the
Secretary shall give preference to local educational agencies serving
schools that are located in areas with a high incidence of childhood
asthma or a high death rate associated with childhood asthma.
``(d) Program Elements.--
``(1) Asthma.--Under an asthma program operated under a
grant under this section, a local educational agency shall--
``(A) determine whether a child enrolled in a
school in which the program is in effect has received
an asthma screening test using a test that is
appropriate for age and risk factors on the enrollment
of the child in the school;
``(B) in the case of a child who has not received
an asthma screening test, ensure that the child
receives such a test either by referral or by
performing the test (under contract or otherwise); and
``(C) in the case of a child determined to have
asthma, provide treatment or refer the child for
treatment (including case management) and education in
the management of asthma.
``(2) Vision and hearing.--Under a vision and hearing
program operated under a grant under this section, a local
educational agency shall--
``(A) elect to provide vision and hearing screening
tests--
``(i) to all children enrolled in a school
who are most likely to suffer from vision or
hearing loss; or
``(ii) to all children enrolled in a
school;
``(B) ensure that the category of children elected
under subparagraph (A) receive such tests, either by
referral or by performing the test (under contract or
otherwise), that are appropriate for the age and risk
factors of the children, based on the enrollment of the
children in the school; and
``(C) in the case of any child determined to have a
vision or hearing impairment, provide the child with
such eyewear and hearing aids as are appropriate to
correct the child's vision or hearing, to the extent
that such correction is feasible.
``(3) Other health screening programs.--The Secretary shall
determine the program elements that shall be applicable to
other health screening programs operated under a grant under
this section.
``(e) Reimbursement.--
``(1) Children enrolled in or eligible for medicaid.--
``(A) In general.--With respect to a child who is
eligible for or receiving medical assistance under a
State plan under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) and who receives, or is
provided, a test, treatment, education, corrective
eyewear, or hearing aid under a program established
under subsection (a), the Secretary, notwithstanding
any other provision of, or limitation under, such title
XIX, including the payment limitation commonly known as
the `free care rule', shall reimburse the local
educational agency administering such program from
funds that are made available under such title XIX for
100 percent of the cost of the performance,
arrangement, or provision and data reporting.
``(B) Costs.--The costs of a test conducted under
this section shall include reimbursement for--
``(i) testing devices and associated
supplies approved for sale by the Food and Drug
Administration and used in compliance with
section 353; and
``(ii) administering the tests and related
services, as determined appropriate by the
State agency responsible for the administration
of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
``(2) Children enrolled in or eligible for schip.--
``(A) In general.--With respect to a child who is
eligible for or receiving child health assistance under
a State plan under title XXI of the Social Security Act
(42 U.S.C. 1397aa et seq.) and who receives, or is
provided, a test, treatment, education, corrective
eyewear, or hearing aid under a program established
under subsection (a), the Secretary, notwithstanding
any other provision of, or limitation under, such title
XXI, or any other provision of law (including the
payment limitation under title XIX commonly known as
the `free care rule' to the extent, if any, such
limitation applies to the State children's health
insurance program established under title XXI of that
Act), shall reimburse the local educational agency
administering such program from funds that are made
available under such title XXI for 100 percent of the
cost of the performance, arrangement, or provision and
data reporting.
``(B) Costs.--The costs shall include the costs
described in paragraph (1)(B).
``(f) Definitions.--In this section, the terms `local educational
agency' and `elementary and secondary school' shall have the meanings
given such terms in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801).
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section with respect to a child, and any
data reporting with respect to the child, who is not eligible for
coverage under title XIX or XXI of the Social Security Act, or is not
otherwise covered under a health insurance plan--
``(1) $10,000,000 for each of fiscal years 2002 through
2007 to carry out asthma programs;
``(2) $10,000,000 for each of fiscal years 2002 through
2007 to carry out vision and hearing programs; and
``(3) such sums as may be necessary for each of fiscal
years 2002 through 2007 to carry out other health screening
programs.
``(h) Evaluations.--Not later than 4 years after the date of
enactment of this section, the Secretary shall prepare and submit to
the appropriate committees of Congress a report containing data related
to whether grants provided under this section have ensured that
children at the highest risk for asthma, vision, hearing, and other
health problems are identified and treated.''.
SEC. 4. PAYMENTS FOR SCREENING AND TREATMENT PROVIDED TO CHILDREN
ELIGIBLE UNDER MEDICAID OR SCHIP.
(a) Medicaid.--Section 1903(c) of the Social Security Act (42
U.S.C. 1396b(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) Nothing in this title or any other provision of law,
including the payment limitation commonly known as the `free care
rule', shall be construed as prohibiting or restricting, or authorizing
the Secretary to prohibit or restrict, payment under subsection (a) for
medical assistance for covered services furnished to a child who is
eligible for or receiving medical assistance under the State plan and
who receives an asthma, vision, hearing, or other health screening
test, or is provided treatment, education in disease management,
corrective eyewear, or hearing aids, through a public elementary or
secondary school, whether directly or indirectly, and regardless of
whether the school participates in a program established under
subsection (a) or (b) of section 1120C of the Elementary and Secondary
Education Act of 1965.''.
(b) SCHIP.--Section 2105 of the Social Security Act (42
U.S.C.1397ee) is amended by adding at the end the following:
``(g) Required Payment for Certain School-Based Services.--Nothing
in this title or any other provision of law (including the payment
limitation under title XIX commonly known as the `free care rule' to
the extent, if any, such limitation applies to the program established
under this title), shall be construed as prohibiting or restricting, or
authorizing the Secretary to prohibit or restrict, payment under
subsection (a) for child health assistance for covered services
furnished to a child who is eligible for or receiving such assistance
under the State plan and who receives an asthma, vision, or hearing
screening test, or other health screening test that is available to
children receiving assistance under the State plan, or is provided
treatment, education in disease management, corrective eyewear, or
hearing aids through a public elementary or secondary school, whether
directly or indirectly, and regardless of whether the school
participates in a program established under subsection (a) or (b) of
section 1120C of the Elementary and Secondary Education Act of 1965.''. | Healthy Children Learn Act - Amends the Head Start Act to authorize early Head Start and Head Start programs to carry out asthma, vision, and hearing screening programs.Amends the Public Health Service Act to direct the Secretary Of Health and Human Services to award grants to local educational agencies for asthma, vision, hearing, and other health screening programs for public school children.Amends the Social Security Act to state that nothing under such Act or other law shall be construed as prohibiting or restricting Medicaid or school-based assistance for children receiving asthma, vision, hearing, or other health screening tests. | {"src": "billsum_train", "title": "A bill to ensure that children at highest risk for asthma, vision, hearing, and other health problems are identified and treated."} | 2,836 | 126 | 0.546947 | 1.381523 | 0.61297 | 4.283186 | 22.539823 | 0.955752 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Exemption for Washington from
Obamacare Act''.
SEC. 2. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL STAFF AND
MEMBERS OF THE EXECUTIVE BRANCH.
Section 1312(d)(3)(D) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18032(d)(3)(D)) is amended--
(1) by striking the subparagraph heading and inserting the
following:
``(D) Members of congress, congressional staff, and
political appointees in the exchange.--'';
(2) in clause (I), in the matter preceding subclause (I)--
(A) by striking ``and congressional staff with''
and inserting ``, congressional staff, the President,
the Vice President, and political appointees with'';
and
(B) by striking ``or congressional staff shall''
and inserting ``, congressional staff, the President,
the Vice President, or a political appointee shall'';
(3) in clause (ii)--
(A) in subclause (II), by inserting after
``Congress,'' the following: ``of a committee of
Congress, or of a leadership office of Congress,''; and
(B) by adding at the end the following:
``(III) Political appointee.--The
term `political appointee' means any
individual who--
``(aa) is employed in a
position described under
sections 5312 through 5316 of
title 5, United States Code,
(relating to the Executive
Schedule);
``(bb) is a limited term
appointee, limited emergency
appointee, or noncareer
appointee in the Senior
Executive Service, as defined
under paragraphs (5), (6), and
(7), respectively, of section
3132(a) of title 5, United
States Code; or
``(cc) is employed in a
position in the executive
branch of the Government of a
confidential or policy-
determining character under
schedule C of subpart C of part
213 of title 5 of the Code of
Federal Regulations.''; and
(4) by adding at the end the following:
``(iii) Government contribution.--No
Government contribution under section 8906 of
title 5, United States Code, shall be provided
on behalf of an individual who is a Member of
Congress, a congressional staff member, the
President, the Vice President, or a political
appointee for coverage under this paragraph.
``(iv) Limitation on amount of tax credit
or cost-sharing.--An individual enrolling in
health insurance coverage pursuant to this
paragraph shall not be eligible to receive a
tax credit under section 36B of the Internal
Revenue Code of 1986 or reduced cost sharing
under section 1402 of this Act in an amount
that exceeds the total amount for which a
similarly situated individual (who is not so
enrolled) would be entitled to receive under
such sections.
``(v) Limitation on discretion for
designation of staff.--Notwithstanding any
other provision of law, a Member of Congress
shall not have discretion in determinations
with respect to which employees employed by the
office of such Member are eligible to enroll
for coverage through an Exchange.
``(vi) Clarification.--The terms small
employer (as defined under section 1304(b)(2))
and qualified employers (as defined under
subsection (f)) do not include the Congress,
with respect to enrollments in an Exchange and
a SHOP Exchange.''. | No Exemption for Washington from Obamacare Act This bill amends the Patient Protection and Affordable Care Act to extend the requirement for participation in a health insurance exchange to the President, Vice President, executive branch political appointees, and employees of congressional committees and leadership offices of Congress. Currently, this requirement applies to Members of Congress and their staff. The government is prohibited from contributing to or subsidizing the health insurance coverage of officials and employees subject to this requirement. | {"src": "billsum_train", "title": "No Exemption for Washington from Obamacare Act"} | 815 | 98 | 0.517483 | 1.325416 | 0.616089 | 1.827586 | 8.241379 | 0.793103 |
SECTION 1. SHORT TITLE; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Federal Reserve
Free Enterprise Act''.
(b) Purposes.--The purposes of this Act are as follows:
(1) To facilitate the development of private enterprise and
jobs by promoting competition with the Board of Governors of
the Federal Reserve System (hereafter in this section referred
to as the ``Board'') in the provision of check-clearing and
other services.
(2) To further promote such competition by having the Board
fairly and accurately price the services provided by the Board
or any Federal reserve bank.
(3) To save taxpayer funds by eliminating the subsidy the
Board provides through the maintenance of a pricing system for
check-clearing and other services which does not fully recover
the cost of providing such services.
(4) To end the practice of the Board of bundling together
all the costs and revenue from all check-clearing and other
services provided by the Board or any Federal reserve bank and
require the Board to price each readily identifiable component
of each such service in a way that ensures that the full amount
of the costs incurred which are allocable to the provision of
such component is fully recovered.
(5) To stimulate innovation and provide a wider range of
check-clearing and other services through market competition
and the free flow of information.
SEC. 2. COMPETITIVE PRICING OF SERVICES.
(a) Clarification of Fee Schedule Requirements.--
(1) In general.--Section 11A(b) of the Federal Reserve Act
(12 U.S.C. 248a(b)) is amended by striking paragraph (2) and
all that follows through paragraph (8) and inserting the
following new paragraphs:
``(2) check processing involving sorting and routing paper
checks, and settlement services;
``(3) electronic funds transfer services;
``(4) automated clearinghouse services;
``(5) electronic cashletter services;
``(6) securities safekeeping services;
``(7) check image capture services;
``(8) check truncation services;
``(9) image archive warehousing services;
``(10) electronic check presentation services;
``(11) adjustment of incorrect debits or credits services;
``(12) return of `bad' checks services;
``(13) transportation of paper checks services in the
clearing process;
``(14) presentation point services;
``(15) payor bank service or controlled disbursements
services;
``(16) any other service which the Board offers, directly
or through a Federal reserve bank; and
``(17) each readily identifiable component of any service
described in a preceding paragraph.''.
(2) Publication within 60 days.--Before the end of the 60-
day period beginning on the date of the enactment of this Act,
the Board of Governors of the Federal Reserve System shall
publish a revision of the schedule of fees required under
section 11A of the Federal Reserve Act which reflects the
changes required in the schedule because of the amendment made
by paragraph (1).
(b) Pricing of Service Components.--Section 11A of the Federal
Reserve Act (12 U.S.C. 248a) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively: and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Pricing of Service Components.--
``(1) Request for separate pricing of component.--If--
``(A) any person seeks to compete with the Board or
any Federal reserve bank in the provision of any
component of any service referred to in subsection (b);
and
``(B) the Board has not provided an explicit price
for such component in the fee schedule maintained by
the Board under this section,
such person may submit a description of the service to be
provided and a request for a statement of an explicit price for
the provision of such component by the Board or bank.
``(2) Action on request.--Except as provided under
paragraph (3), the Board shall--
``(A) comply with any request submitted under
paragraph (1); and
``(B) include the price in the schedule of fees
maintained by the Board before the end of the 60-day
period beginning on the date the Board receives such
request.
``(3) Frivolous and meritless request.--The Board may
decline any request under paragraph (1) which the Board
determines, in accordance with regulations which the Board
shall prescribe, is frivolous and without any merit whatsoever
if the Board publishes a notice of the findings and conclusions
of the Board with regard to such determination.''.
(c) Documentation.--Section 714 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(e) Review of Pricing of Services Provided by the Federal Reserve
System.--
``(1) In general.--The Comptroller General shall conduct an
annual audit of the Board of Governors of the Federal Reserve
System and the Federal reserve banks to determine whether the
requirements of subsection (c)(3) of section 11A of the Federal
Reserve Act are being met with respect to each component of any
service referred to in subsection (b) of such section.
``(2) Documentation.--Notwithstanding any restriction in
this section or any other provision of law relating to the
scope of any audit of the Board of Governors of the Federal
Reserve System or any Federal reserve bank by the Comptroller
General--
``(A) the Board and each Federal reserve bank shall
maintain such documents and information as the
Comptroller General determines may be useful for
purposes of any audit under paragraph (1) for such
reasonable period of time as the Comptroller General
determines to be appropriate; and
``(B) the Comptroller General shall have full
access to such documents for purposes of any audit
under paragraph (1).
``(3) Report.--A report on each audit conducted under
paragraph (1) shall be submitted annually to the Congress.''. | Federal Reserve Free Enterprise Act - Amends the Federal Reserve Act to specify new Federal Reserve bank services to be covered by a statutory fee schedule. Directs the Board of Governors of the Federal Reserve Bank (the Board) to publish the revised schedule.
Requires the Board, upon a competitor's request, to publish the price of service components.
Amends Federal law to instruct the Comptroller General to conduct an annual audit of the Board and the Federal reserve banks to determine compliance with fee establishment requirements.
Mandates an annual audit report to the Congress. | {"src": "billsum_train", "title": "Federal Reserve Free Enterprise Act"} | 1,331 | 122 | 0.5186 | 1.370463 | 0.537298 | 2.523364 | 11.925234 | 0.841121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Alzheimer's Project Act''.
SEC. 2. OFFICE OF THE NATIONAL ALZHEIMER'S PROJECT.
(a) Establishment of Office.--There is established in the Office of
the Secretary of Health and Human Services the Office of the National
Alzheimer's Project (referred to in this Act as the ``Office'').
(b) Purpose of the Office.--The Office shall--
(1) accelerate the development of treatments that would
prevent, halt, or reverse the course of Alzheimer's;
(2) be responsible for the creation and maintenance of an
integrated national plan to overcome Alzheimer's;
(3) help to coordinate the health care and treatment of
citizens with Alzheimer's;
(4) ensure the inclusion of ethnic and racial populations
at higher risk for Alzheimer's or least likely to receive care,
in clinical, research, and service efforts with the purpose of
decreasing health disparities in Alzheimer's;
(5) coordinate with international bodies to integrate and
inform the fight against Alzheimer's globally; and
(6) provide information and coordination of Alzheimer's
research and services across all Federal agencies.
(c) Director of the Office.--
(1) Appointment.--The President shall appoint a Director of
the Office.
(2) Duties of the director.--
(A) In general.--The Director of the Office shall--
(i) oversee the creation and updating of
the national plan described in subparagraph
(B);
(ii) use discretionary authority to
evaluate all Federal programs around
Alzheimer's, including budget requests and
approvals; and
(iii) prepare and submit to the President
the annual budget estimate for the Office.
(B) National plan.--The Director of the Office
shall carry out an annual assessment of the Nation's
progress in preparing for the escalating burden of
Alzheimer's, including both implementation steps and
recommendations for priority actions based on the
assessment.
(3) Service by director.--The Director of the Office shall
serve on the advisory board of the Office of Science and
Technology to promote research efforts into mechanisms to slow
and stop the development of Alzheimer's for those at risk of
developing the disease.
(d) Advisory Council.--
(1) In general.--There is established in the Office an
Advisory Council on Alzheimer's Research and Treatment
(referred to in this Act as the ``Advisory Council'').
(2) Membership.--
(A) Federal members.--The Advisory Council shall be
comprised of the following experts:
(i) A designee of the Centers for Disease
Control and Prevention.
(ii) A designee of the Administration on
Aging.
(iii) A designee of the Centers for
Medicare & Medicaid Services.
(iv) A designee of the Indian Health
Service.
(v) A designee of the Office of the
Director of the National Institutes of Health.
(vi) The Surgeon General.
(vii) A designee of the National Science
Foundation.
(viii) A designee of the Department of
Veterans Affairs.
(B) Non-federal members.--In addition to the
members outlined in subparagraph (A), the Advisory
Council shall include 12 expert members from outside
the Federal Government, which shall include--
(i) 2 Alzheimer patient advocates;
(ii) 2 Alzheimer caregivers;
(iii) 2 health care providers;
(iv) 2 representatives of State health
departments;
(v) 2 researchers with Alzheimer-related
expertise in basic, translational, clinical, or
drug development science; and
(vi) 2 voluntary health association
representatives, including a national
Alzheimer's disease organization that funds
research and has demonstrated experience in
care and patient services, and a State-based
advocacy organization that provides services to
families and professionals, including
information and referral, support groups, care
consultation, education, and safety services.
(3) Meetings.--The Advisory Council shall meet quarterly
and such meetings shall be open to the public.
(4) Advice.--The Advisory Council shall advise the Director
of the Office.
(5) Annual report.--The Advisory Council shall provide to
the Director of the Office--
(A) recommendations for information to be included
in the annual report to Congress by the Office; and
(B) an annually updated national plan.
(e) Annual Report.--The Director of the Office shall submit to
Congress--
(1) an annual report that includes an evaluation of all
nationally and federally funded efforts in Alzheimer's
research, clinical care, institutional, and home- and
community-based programs and their outcomes; and
(2) an annually updated national plan.
(f) Sunset.--The Office shall expire on December 31, 2025. | National Alzheimer's Project Act - Establishes in the Office of the Secretary of Health and Human Services (HHS) the Office of the National Alzheimer's Project to: (1) accelerate the development of treatments that would prevent, halt, or reverse the course of Alzheimer's; (2) create and maintain an integrated national plan to overcome Alzheimer's; (3) help to coordinate the health care and treatment of citizens with Alzheimer's; (4) ensure the inclusion of ethnic and racial populations that are at higher risk for Alzheimer's or that are least likely to receive care in clinical, research, and service efforts with the purpose of decreasing health disparities; (5) coordinate with international bodies to integrate and inform the fight against Alzheimer's globally; and (6) provide information and coordination of Alzheimer's research and services across all federal agencies.
Sets forth the duties of the Director of the Office, including to use discretionary authority to evaluate all federal programs concerning Alzheimer's.
Establishes in the Office an Advisory Council on Alzheimer's Research and Treatment. | {"src": "billsum_train", "title": "To establish the Office of the National Alzheimer's Project."} | 1,028 | 220 | 0.795046 | 2.329646 | 0.909308 | 7.203883 | 4.723301 | 0.951456 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Pet Turtle Market Access
Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Pet turtles less than 10.2 centimeters in diameter have
been banned for sale in the United States by the Food and Drug
Administration since 1975 due to health concerns.
(2) The Food and Drug Administration does not ban the sale
of iguanas or other lizards, snakes, frogs, or other amphibians
or reptiles that are sold as pets in the United States that
also carry salmonella bacteria. The Food and Drug
Administration also does not require that these animals be
treated for salmonella bacteria before being sold as pets.
(3) The technology to treat turtles for salmonella, and
make them safe for sale, has greatly advanced since 1975.
Treatments exist that can nearly eradicate salmonella from
turtles, and individuals are more aware of the causes of
salmonella, how to treat salmonella bacteria, and the
seriousness associated with salmonella bacteria.
(4) University research has shown that these turtles can be
treated in such a way that they can be raised, shipped, and
distributed without having a recolonization of salmonella.
(5) University research has also shown that pet owners can
be equipped with a treatment regiment that allows the turtle to
be maintained safe from salmonella.
(6) The Food and Drug Administration should allow the sale
of turtles less than 10.2 centimeters in diameter as pets as
long as the sellers are required to use proven methods to treat
the turtles for salmonella and maintain a safe pet.
SEC. 3. SALE OF BABY TURTLES.
(a) In General.--Notwithstanding any other provision of law, the
Food and Drug Administration shall not restrict the sale by a turtle
farmer or other commercial retail seller of a turtle that is less than
10.2 centimeters in diameter as a pet if--
(1) the turtle is raised, shipped, and sold using methods
that are proven to keep the turtle free of salmonella, using
salmonella safety standards that are comparable to such
standards relating to other animals, including reptiles and
amphibians, that are allowed for sale as pets, or animal
products that are allowed for sale as food products;
(2) the Administration has approved a plan submitted by the
turtle farmer or commercial retail seller involved relating to
compliance with paragraph (1); and
(3) the farmer or other commercial retail seller includes,
with the sale of such a turtle, a disclosure to the buyer that
includes--
(A) information regarding--
(i) the dangers, including possible severe
illness or death, especially for at-risk people
who may be susceptible to salmonella bacteria,
such as children, pregnant women, and others
who may have weak immune systems, that could
result if the turtle is not properly handled
and safely maintained;
(ii) the proper handling of the turtle,
including an explanation of proper hygiene such
as handwashing after handling a turtle; and
(iii) the proven methods of treatment that,
if properly applied, keep the turtle safe from
salmonella;
(B) a detailed explanation of how to properly treat
the turtle to keep it safe from salmonella, using the
proven methods of treatment referred to under
subparagraph (A), and how the buyer can continue to
purchase the tools, treatments, or any other required
item to continually treat the turtle; and
(C) a statement that buyers of pet turtles should
not abandon the turtle or abandon it outside, as the
turtle may become an invasive species to the local
community, but should instead return them to a
commercial retail pet seller or other organization that
would accept turtles no longer wanted as pets.
(b) Plan.--
(1) In general.--A turtle farmer or other commercial seller
that desires to sell a turtle as provided for under subsection
(a) shall submit a plan to the Food and Drug Administration
that details the manner in which the farmer or seller will
ensure compliance with the requirements of subsection (a)(1)
with respect to the turtles involved. The plan shall include
use of non-antibiotic compounds that suppress or eliminate the
presence of salmonella in turtle hatchlings.
(2) Action by fda.--Not later than 30 days after the date
on which the Food and Drug Administration receives a plan under
paragraph (1), the Administration shall accept or reject such
plan. If such plan is rejected, the Administration shall
provide clear, specific guidance on the reasons for such
rejection. The Administration may only reject such a plan if it
is determined that the plan fails to achieve the same
salmonella safety standards as such standards relating to other
animals, including reptiles and amphibians, that are allowed
for sale as pets, or animal products that are allowed for sale
as food products.
(c) Rule of Construction.--Nothing in this section shall be
construed to permit the Food and Drug Administration to hold the sale
of turtles less than 10.2 centimeters in diameter as a pet to any
greater salmonella safety standard applicable to other reptiles or
amphibians sold as pets, animals sold as pets, or food products
regulated by such Administration. | Domestic Pet Turtle Market Access Act of 2007 - Prohibits the Food and Drug Administration (FDA) from restricting the sale by a turtle farmer or other commercial retail seller of a turtle that is less than 10.2 centimeters in diameter as a pet if: (1) the turtle is raised, shipped, and sold using methods proven to keep the turtle free of salmonella, using salmonella safety standards comparable to standards for other animals allowed for sale as pets or animal products allowed for sale as food products; (2) the FDA has approved a plan submitted by the turtle farmer or seller relating to compliance with this Act; and (3) the farmer or seller makes certain disclosures to the buyer. Sets forth required disclosures, which include: (1) information regarding the dangers that could result if the turtle is not properly handled and safely maintained, the proper handling of the turtle, and the proven methods of treatment that keep the turtle safe from salmonella; (2) a detailed explanation of how to properly treat the turtle to keep it safe from salmonella; and (3) a statement that buyers of pet turtles should not abandon the turtle or abandon it outside, but should instead return them to a commercial retail pet seller or other organization that would accept turtles no longer wanted as pets.
Requires the turtle farmer or seller to submit a plan to the FDA that includes use of non-antibiotic compounds that suppress or eliminate the presence of salmonella in turtle hatchlings. Directs the FDA to accept or reject such a plan within 30 days. | {"src": "billsum_train", "title": "To require the Food and Drug Administration to permit the sale of baby turtles as pets so long as the seller uses proven methods to effectively treat salmonella."} | 1,118 | 324 | 0.765518 | 2.342321 | 0.863396 | 5.969595 | 3.60473 | 0.949324 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Upper Mississippi
River Basin Protection Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reliance on sound science.
TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK
Sec. 101. Establishment of monitoring network.
Sec. 102. Data collection and storage responsibilities.
Sec. 103. Relationship to existing sediment and nutrient monitoring.
Sec. 104. Collaboration with other public and private monitoring
efforts.
Sec. 105. Reporting requirements.
Sec. 106. National Research Council assessment.
TITLE II--COMPUTER MODELING AND RESEARCH
Sec. 201. Computer modeling and research of sediment and nutrient
sources.
Sec. 202. Use of electronic means to distribute information.
Sec. 203. Reporting requirements.
TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS
Sec. 301. Authorization of appropriations.
Sec. 302. Cost-sharing requirements.
Sec. 303. Sunset.
SEC. 2. DEFINITIONS.
In this Act:
(1) The terms ``Upper Mississippi River Basin'' and
``Basin'' mean the watershed portion of the Upper Mississippi
River and Illinois River basins, from Cairo, Illinois, to the
headwaters of the Mississippi River, in the States of
Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The
designation includes the Kaskaskia watershed along the Illinois
River and the Meramec watershed along the Missouri River.
(2) The terms ``Upper Mississippi River Stewardship
Initiative'' and ``Initiative'' mean the activities authorized
or required by this Act to monitor nutrient and sediment loss
in the Upper Mississippi River Basin.
(3) The term ``sound science'' refers to the use of
accepted and documented scientific methods to identify and
quantify the sources, transport, and fate of nutrients and
sediment and to quantify the effect of various treatment
methods or conservation measures on nutrient and sediment loss.
Sound science requires the use of documented protocols for data
collection and data analysis, and peer review of the data,
results, and findings.
SEC. 3. RELIANCE ON SOUND SCIENCE.
It is the policy of Congress that Federal investments in the Upper
Mississippi River Basin must be guided by sound science.
TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK
SEC. 101. ESTABLISHMENT OF MONITORING NETWORK.
(a) Establishment.--As part of the Upper Mississippi River
Stewardship Initiative, the Secretary of the Interior shall establish a
sediment and nutrient monitoring network for the Upper Mississippi
River Basin for the purposes of--
(1) identifying and evaluating significant sources of
sediment and nutrients in the Upper Mississippi River Basin;
(2) quantifying the processes affecting mobilization,
transport, and fate of those sediments and nutrients on land
and in water;
(3) quantifying the transport of those sediments and
nutrients to and through the Upper Mississippi River Basin;
(4) recording changes to sediment and nutrient loss over
time;
(5) providing coordinated data to be used in computer
modeling of the Basin, pursuant to section 201; and
(6) identifying major sources of sediment and nutrients
within the Basin for the purpose of targeting resources to
reduce sediment and nutrient loss.
(b) Role of United States Geological Survey.--The Secretary of the
Interior shall carry out this title acting through the office of the
Director of the United States Geological Survey.
SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES.
(a) Guidelines for Data Collection and Storage.--The Secretary of
the Interior shall establish guidelines for the effective design of
data collection activities regarding sediment and nutrient monitoring,
for the use of suitable and consistent methods for data collection, and
for consistent reporting, data storage, and archiving practices.
(b) Release of Data.--Data resulting from sediment and nutrient
monitoring in the Upper Mississippi River Basin shall be released to
the public using generic station identifiers and hydrologic unit codes.
In the case of a monitoring station located on private lands,
information regarding the location of the station shall not be
disseminated without the landowner's permission.
(c) Protection of Privacy.--Data resulting from sediment and
nutrient monitoring in the Upper Mississippi River Basin is not subject
to the mandatory disclosure provisions of section 552 of title 5,
United States Code, but may be released only as provided in subsection
(b).
SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING.
(a) Inventory.--To the maximum extent practicable, the Secretary of
the Interior shall inventory the sediment and nutrient monitoring
efforts, in existence as of the date of the enactment of this Act, of
Federal, State, local, and nongovernmental entities for the purpose of
creating a baseline understanding of overlap, data gaps and
redundancies.
(b) Integration.--On the basis of the inventory, the Secretary of
the Interior shall integrate the existing sediment and nutrient
monitoring efforts, to the maximum extent practicable, into the
sediment and nutrient monitoring network required by section 101.
(c) Consultation and Use of Existing Data.--In carrying out this
section, the Secretary of the Interior shall make maximum use of data
in existence as of the date of the enactment of this Act and of ongoing
programs and efforts of Federal, State, tribal, local, and
nongovernmental entities in developing the sediment and nutrient
monitoring network required by section 101.
(d) Coordination With Long-Term Estuary Assessment Project.--The
Secretary of the Interior shall carry out this section in coordination
with the long-term estuary assessment project authorized by section 902
of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33
U.S.C. 2901 note).
SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING
EFFORTS.
To establish the sediment and nutrient monitoring network, the
Secretary of the Interior shall collaborate, to the maximum extent
practicable, with other Federal, State, tribal, local and private
sediment and nutrient monitoring programs that meet guidelines
prescribed under section 102(a), as determined by the Secretary.
SEC. 105. REPORTING REQUIREMENTS.
The Secretary of the Interior shall report to Congress not later
than 180 days after the date of the enactment of this Act on the
development of the sediment and nutrient monitoring network.
SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT.
The National Research Council of the National Academy of Sciences
shall conduct a comprehensive water resources assessment of the Upper
Mississippi River Basin.
TITLE II--COMPUTER MODELING AND RESEARCH
SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT
SOURCES.
(a) Modeling Program Required.--As part of the Upper Mississippi
River Stewardship Initiative, the Director of the United States
Geological Survey shall establish a modeling program to identify
significant sources of sediment and nutrients in the Upper Mississippi
River Basin.
(b) Role.--Computer modeling shall be used to identify
subwatersheds which are significant sources of sediment and nutrient
loss and shall be made available for the purposes of targeting public
and private sediment and nutrient reduction efforts.
(c) Components.--Sediment and nutrient models for the Upper
Mississippi River Basin shall include the following:
(1) Models to relate nutrient loss to landscape, land use,
and land management practices.
(2) Models to relate sediment loss to landscape, land use,
and land management practices.
(3) Models to define river channel nutrient transformation
processes.
(d) Collection of Ancillary Information.--Ancillary information
shall be collected in a GIS format to support modeling and management
use of modeling results, including the following:
(1) Land use data.
(2) Soils data.
(3) Elevation data.
(4) Information on sediment and nutrient reduction
improvement actions.
(5) Remotely sense data.
SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE INFORMATION.
Not later than 90 days after the date of the enactment of this Act,
the Director of the United States Geological Survey shall establish a
system that uses the telecommunications medium known as the Internet to
provide information regarding the following:
(1) Public and private programs designed to reduce sediment
and nutrient loss in the Upper Mississippi River Basin.
(2) Information on sediment and nutrient levels in the
Upper Mississippi River and its tributaries.
(3) Successful sediment and nutrient reduction projects.
SEC. 203. REPORTING REQUIREMENTS.
(a) Monitoring Activities.--Commencing one year after the date of
the enactment of this Act, the Director of the United States Geological
Survey shall provide to Congress and make available to the public an
annual report regarding monitoring activities conducted in the Upper
Mississippi River Basin.
(b) Modeling Activities.--Every three years, the Director of the
United States Geological Survey shall provide to Congress and make
available to the public a progress report regarding modeling
activities.
TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) United States Geological Survey Activities.--There is
authorized to be appropriated to the United States Geological Survey
$6,250,000 each fiscal year to carry out this Act (other than section
106). Of the amounts appropriated for a fiscal year pursuant to this
authorization of appropriations, one-third shall be made available for
the United States Geological Survey Cooperative Water Program and the
remainder shall be made available for the United States Geological
Survey Hydrologic Networks and Analysis Program.
(b) Water Resource and Water Quality Management Assessment.--There
is authorized to be appropriated $650,000 to allow the National
Research Council to perform the assessment required by section 106.
SEC. 302. COST-SHARING REQUIREMENTS.
Funds made available for the United States Geological Survey
Cooperative Water Program under section 301(a) shall be subject to the
same cost sharing requirements as specified in the last proviso under
the heading ``united states geological survey-surveys, investigations,
and research'' of the Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat.
510; 43 U.S.C. 50).
SEC. 303. SUNSET.
The authority of the Secretary of the Interior to carry out any
provisions of this Act shall terminate 10 years after the date of the
enactment of this Act.
Passed the House of Representatives September 27, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Upper Mississippi River Basin Protection Act - Title I: Sediment and Nutrient Monitoring Network - (Sec. 101) Requires the Secretary of the Interior, acting through the United States Geological Survey (USGS), to establish a nutrient and sediment monitoring network for the Upper Mississippi River Basin.
(Sec. 102) Directs the Secretary to: (1) establish guidelines for related data collection and storage activities; (2) inventory the sediment and monitoring efforts of governmental and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies; and (3) collaborate with other public and private monitoring efforts in establishing the monitoring program. (Sec. 106) Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin. Title II: Computer Modeling and Research - (Sec. 201) Requires the Director of USGS to establish: (1) a computer modeling program of nutrient and sediment sources in the Basin; and (2) an Internet-based system to distribute information about nutrient and sediment loss reduction projects and nutrient and sediment levels in the Upper Mississippi River and its tributaries. (Sec. 203) Requires the Director to provide to Congress and make available to the public: (1) an annual report regarding monitoring activities conducted in the Basin; and (2) a progress report, every three years, regarding modeling activities. Title III: Authorization of Appropriations and Related Matters - (Sec. 301) Authorizes appropriations to USGS, with one third made available for its Cooperative Water Program and the remainder for its Hydrologic Networks and Analysis Program, including sums to allow the Council to perform the required assessment. (Sec. 302) Makes funds available for USGS subject to the same cost-sharing requirements as in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (which limits the USGS share to 50% of the cost in any topographic mapping or water resources data collection and investigation carried on in cooperation with a state or municipality). (Sec. 303) Terminates the Secretary's authority to carry out this Act 10 years after its enactment. | {"src": "billsum_train", "title": "To promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin, and for other purposes."} | 2,506 | 492 | 0.673265 | 2.263784 | 0.802774 | 3.378313 | 5.137349 | 0.939759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Energy Independence and
Security Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastal plain.--The term ``Coastal Plain'' means the
area described in appendix I to part 37 of title 50, Code of
Federal Regulations.
(2) Federal agreement.--The term ``Federal Agreement''
means the Federal Agreement and Grant Right-of-Way for the
Trans-Alaska Pipeline issued on January 23, 1974, in accordance
with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and
the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et
seq.).
(3) Final statement.--The term ``Final Statement'' means
the final legislative environmental impact statement on the
Coastal Plain, dated April 1987, and prepared pursuant to--
(A) section 1002 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3142); and
(B) section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(4) Map.--The term ``map'' means the map entitled ``Arctic
National Wildlife Refuge'', dated September 2005, and prepared
by the United States Geological Survey.
(5) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior; or
(B) the designee of the Secretary.
SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.
(a) In General.--
(1) Authorization.--Congress authorizes the exploration,
leasing, development, production, and economically feasible and
prudent transportation of oil and gas in and from the Coastal
Plain.
(2) Actions.--The Secretary shall take such actions as are
necessary--
(A) to establish and implement, in accordance with
this Act, a competitive oil and gas leasing program
that will result in an environmentally sound program
for the exploration, development, and production of the
oil and gas resources of the Coastal Plain; and
(B) to administer this Act through regulations,
lease terms, conditions, restrictions, prohibitions,
stipulations, and other provisions that--
(i) ensure the oil and gas exploration,
development, and production activities on the
Coastal Plain will result in no significant
adverse effect on fish and wildlife, fish and
wildlife habitat, subsistence resources, and
the environment; and
(ii) require the application of the best
commercially available technology for oil and
gas exploration, development, and production to
all exploration, development, and production
operations under this Act in a manner that
ensures the receipt of fair market value by the
public for the mineral resources to be leased.
(b) Repeal.--
(1) Repeal.--Section 1003 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3143) is repealed.
(2) Conforming amendment.--The table of contents contained
in section 1 of that Act (16 U.S.C. 3101 note) is amended by
striking the item relating to section 1003.
(c) Compliance With Requirements Under Certain Other Laws.--
(1) Compatibility.--For purposes of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.)--
(A) the oil and gas preleasing and leasing program,
and activities authorized by this section in the
Coastal Plain, shall be considered to be compatible
with the purposes for which the Arctic National
Wildlife Refuge was established; and
(B) no further findings or decisions shall be
required to implement that program and those
activities.
(2) Adequacy of the department of the interior's
legislative environmental impact statement.--The Final
Statement shall be considered to satisfy the requirements under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) that apply with respect to preleasing, including
exploration programs and actions authorized to be taken by the
Secretary to develop and promulgate the regulations for the
establishment of a leasing program authorized by this Act
before the conduct of the first lease sale.
(3) Compliance with nepa for other actions.--
(A) In general.--Before conducting the first lease
sale under this Act, the Secretary shall prepare an
environmental impact statement in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to the actions authorized by
this Act that are not referred to in paragraph (2).
(B) Identification and analysis.--Notwithstanding
any other provision of law, in carrying out this
paragraph, the Secretary shall not--
(i) identify nonleasing alternative courses
of action; or
(ii) analyze the environmental effects of
those courses of action.
(C) Identification of preferred action.--Not later
than 1 year after the date of enactment of this Act,
the Secretary shall identify only a preferred action
and a single leasing alternative for the first lease
sale authorized under this Act.
(D) Effect of compliance.--Notwithstanding any
other provision of law, compliance with this paragraph
shall be considered to satisfy all requirements for the
analysis and consideration of the environmental effects
of proposed leasing under this Act.
(d) Relationship to State and Local Authority.--Nothing in this Act
expands or limits any State or local regulatory authority.
(e) Limitation on Closed Areas.--The Secretary shall not close land
within the Coastal Plain to oil and gas leasing or to exploration,
development, or production except in accordance with this Act.
(f) Regulations.--Not later than 1 year after the date of enactment
of this Act, in consultation with the State of Alaska, the North Slope
Borough, Alaska, and the Arctic Slope Regional Corporation, the
Secretary shall promulgate such regulations as are necessary to carry
out this Act.
SEC. 4. LEASE SALES.
(a) In General.--Land may be leased pursuant to this Act to any
person qualified to obtain a lease for deposits of oil and gas under
the Mineral Leasing Act (30 U.S.C. 181 et seq.).
(b) Procedures.--The Secretary shall, by regulation, establish
procedures for--
(1) receipt and consideration of sealed nominations for any
area in the Coastal Plain for inclusion in a lease sale;
(2) the holding of lease sales after the nomination process
described in paragraph (1); and
(3) public notice of and comment on designation of areas to
be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Bidding for leases under this Act shall be by
sealed competitive cash bonus bids.
(d) Acreage Minimum in First Sale.--For the first lease sale under
this Act, the Secretary shall offer for lease those tracts the
Secretary considers to have the greatest potential for the discovery of
hydrocarbons, taking into consideration nominations received pursuant
to subsection (b)(1), but in no case less than 200,000 acres.
(e) Timing of Lease Sales.--The Secretary shall--
(1) not later than 18 months after the date of enactment of
this Act, conduct the first lease sale under this Act;
(2) not later than 1 year after the date on which the first
lease sale is conducted under paragraph (1), conduct a second
lease sale under this Act; and
(3) conduct additional sales at appropriate intervals if
sufficient interest in exploration or development exists to
warrant the conduct of the additional sales.
SEC. 5. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--Upon payment by a lessee of such bonus as may be
accepted by the Secretary, the Secretary shall grant to the highest
responsible qualified bidder in a lease sale conducted pursuant to
section 4 a lease for any land on the Coastal Plain.
(b) Subsequent Transfers.--
(1) In general.--No lease issued under this Act may be
sold, exchanged, assigned, sublet, or otherwise transferred
except with the approval of the Secretary.
(2) Condition for approval.--Before granting any approval
described in paragraph (1), the Secretary shall consult with
and give due consideration to the opinion of the Attorney
General.
SEC. 6. LEASE TERMS AND CONDITIONS.
(a) In General.--An oil or gas lease issued pursuant to this Act
shall--
(1) provide for the payment of a royalty of not less than
12\1/2\ percent of the amount or value of the production
removed or sold from the lease, as determined by the Secretary
in accordance with regulations applicable to other Federal oil
and gas leases;
(2) provide that the Secretary, after consultation with the
State of Alaska, North Slope Borough, Alaska, and the Arctic
Slope Regional Corporation, may close, on a seasonal basis,
such portions of the Coastal Plain to exploratory drilling
activities as are necessary to protect caribou calving areas
and other species of fish and wildlife;
(3) require that each lessee of land within the Coastal
Plain shall be fully responsible and liable for the reclamation
of land within the Coastal Plain and any other Federal land
that is adversely affected in connection with exploration,
development, production, or transportation activities within
the Coastal Plain conducted by the lessee or by any of the
subcontractors or agents of the lessee;
(4) provide that the lessee may not delegate or convey, by
contract or otherwise, the reclamation responsibility and
liability described in paragraph (3) to another person without
the express written approval of the Secretary;
(5) provide that the standard of reclamation for land
required to be reclaimed under this Act shall be, to the
maximum extent practicable--
(A) a condition capable of supporting the uses that
the land was capable of supporting prior to any
exploration, development, or production activities; or
(B) upon application by the lessee, to a higher or
better standard, as approved by the Secretary;
(6) contain terms and conditions relating to protection of
fish and wildlife, fish and wildlife habitat, subsistence
resources, and the environment as required under section
3(a)(2); and
(7) provide that each lessee, and each agent and contractor
of a lessee, shall use their best efforts to provide a fair
share of employment and contracting for Alaska Natives and
Alaska Native Corporations from throughout the State of Alaska,
as determined by the level of obligation previously agreed to
in the Federal Agreement.
(b) Project Labor Agreements.--The Secretary, as a term and
condition of each lease under this Act, and in recognizing the
proprietary interest of the Federal Government in labor stability and
in the ability of construction labor and management to meet the
particular needs and conditions of projects to be developed under the
leases issued pursuant to this Act (including the special concerns of
the parties to those leases), shall require that each lessee, and each
agent and contractor of a lessee, under this Act negotiate to obtain a
project labor agreement for the employment of laborers and mechanics on
production, maintenance, and construction under the lease.
SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized
Coastal Plain Activities.--In accordance with section 3, the Secretary
shall administer this Act through regulations, lease terms, conditions,
restrictions, prohibitions, stipulations, or other provisions that--
(1) ensure, to the maximum extent practicable, that oil and
gas exploration, development, and production activities on the
Coastal Plain will result in no significant adverse effect on
fish and wildlife, fish and wildlife habitat, subsistence
resources, and the environment;
(2) require the application of the best commercially
available technology for oil and gas exploration, development,
and production on all new exploration, development, and
production operations; and
(3) ensure that the maximum surface acreage covered in
connection with the leasing program by production and support
facilities, including airstrips and any areas covered by gravel
berms or piers for support of pipelines, does not exceed 2,000
acres on the Coastal Plain.
(b) Site-Specific Assessment and Mitigation.--The Secretary shall
require, with respect to any proposed drilling and related activities
on the Coastal Plain, that--
(1) a site-specific environmental analysis be made of the
probable effects, if any, that the drilling or related
activities will have on fish and wildlife, fish and wildlife
habitat, subsistence resources, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the maximum extent practicable) any
significant adverse effect identified under paragraph (1); and
(3) the development of the plan occur after consultation
with--
(A) each agency having jurisdiction over matters
mitigated by the plan;
(B) the State of Alaska;
(C) North Slope Borough, Alaska; and
(D) the Arctic Slope Regional Corporation.
(c) Regulations To Protect Coastal Plain Fish and Wildlife
Resources, Subsistence Users, and the Environment.--Before implementing
the leasing program authorized by this Act, the Secretary shall prepare
and promulgate regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, or other measures designed to ensure, to
the maximum extent practicable, that the activities carried out on the
Coastal Plain under this Act are conducted in a manner consistent with
the purposes and environmental requirements of this Act.
(d) Compliance With Federal and State Environmental Laws and Other
Requirements.--The regulations, lease terms, conditions, restrictions,
prohibitions, and stipulations for the leasing program under this Act
shall require--
(1) compliance with all applicable provisions of Federal
and State environmental law (including regulations); and
(2) implementation of and compliance with--
(A) standards that are at least as effective as the
safety and environmental mitigation measures, as
described in items 1 through 29 on pages 167 through
169 of the Final Statement;
(B) reclamation and rehabilitation requirements in
accordance with this Act for the removal from the
Coastal Plain of all oil and gas development and
production facilities, structures, and equipment on
completion of oil and gas production operations, except
in a case in which the Secretary determines that those
facilities, structures, or equipment--
(i) would assist in the management of the
Arctic National Wildlife Refuge; and
(ii) are donated to the United States for
that purpose; and
(C) reasonable stipulations for protection of
cultural and archaeological resources.
(e) Access to Public Land.--The Secretary shall--
(1) manage public land in the Coastal Plain in accordance
with subsections (a) and (b) of section 811 of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3121); and
(2) ensure that local residents shall have reasonable
access to public land in the Coastal Plain for traditional
uses.
SEC. 8. FEDERAL AND STATE DISTRIBUTION OF REVENUES.
(a) In General.--Notwithstanding any other provision of law, of the
amount of bonus, rental, and royalty revenues from oil and gas leasing
and operations authorized under this Act--
(1) 50 percent shall be paid to the State of Alaska; and
(2) the balance shall be deposited in the Treasury of the
United States.
(b) Payments to Alaska.--Payments to the State of Alaska under this
section shall be made on a monthly basis.
SEC. 9. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN.
For purposes of section 1102(4)(A) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3162(4)(A)), any rights-of-way or
easements across the Coastal Plain for the exploration, development,
production, or transportation of oil and gas shall be considered to be
established incident to the management of the Coastal Plain under this
section.
SEC. 10. CONVEYANCE.
Notwithstanding section 1302(h)(2) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on
title to land, and to clarify land ownership patterns in the Coastal
Plain, the Secretary shall--
(1) to the extent necessary to fulfill the entitlement of
the Kaktovik Inupiat Corporation under sections 12 and 14 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613),
as determined by the Secretary, convey to that Corporation the
surface estate of the land described in paragraph (1) of Public
Land Order 6959, in accordance with the terms and conditions of
the agreement between the Secretary, the United States Fish and
Wildlife Service, the Bureau of Land Management, and the
Kaktovik Inupiat Corporation, dated January 22, 1993; and
(2) convey to the Arctic Slope Regional Corporation the
remaining subsurface estate to which that Corporation is
entitled under the agreement between that corporation and the
United States, dated August 9, 1983. | American Energy Independence and Security Act of 2014 - Authorizes the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain of Alaska. Directs the Secretary of the Interior to establish a competitive oil and gas leasing program for oil and gas exploration, development, and production on the Coastal Plain. Amends the Alaska National Interest Lands Conservation Act to repeal the prohibition against production of oil and gas from the Arctic National Wildlife Refuge. States that, in connection with specified environmental protection laws, the Secretary shall neither: (1) identify nonleasing alternative courses of action, nor (2) analyze the environmental effects of those actions. Prohibits the Secretary from closing land within the Coastal Plain to oil and gas leasing, exploration, development, or production except in accordance with this Act. Directs the Secretary, within one year after the first lease sale is conducted under this Act, to conduct a second lease sale (and additional sales if sufficient interest in exploration or development exists). Prescribes procedures for lease sales and lease grants on the Coastal Plain that include the requirement that the standard for land reclamation be either: (1) a condition capable of supporting the uses that the land was capable of supporting before any exploration, development, or production activities; or (2) a higher or better standard, as approved by the Secretary, upon the lessee's application. Prescribes Coastal Plain environmental protection standards that require the Secretary to administer this Act: (1) using a no significant adverse effect standard to govern authorized Coastal Plain activities; (2) implementing site-specific assessment and mitigation measures; (3) promulgating regulations to protect coastal plain fish and wildlife resources, subsistence users, and the environment; (4) requiring compliance with federal and state environmental laws; and (5) ensuring that local residents have reasonable access to public land for traditional uses. Prescribes a revenue allocation scheme derived from bonus, rental, and royalty revenues from federal oil and gas leasing and operations authorized under this Act, including monthly payments to the state of Alaska. Deems any rights-of-way or easements across the Coastal Plain for the exploration, development, production, or transportation of oil and gas to be established incident to the management of the Coastal Plain. Requires the Secretary to convey to: (1) the Kaktovik Inupiat Corporation the surface estate of certain land, and (2) the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under a specified agreement. | {"src": "billsum_train", "title": "American Energy Independence and Security Act of 2014"} | 3,701 | 529 | 0.639708 | 1.931704 | 0.795596 | 4.502049 | 6.973361 | 0.936475 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Emergency Psychiatric Care
Demonstration Project Act of 2009''.
SEC. 2. DEMONSTRATION PROJECT REGARDING MEDICAID REIMBURSEMENTS FOR
STABILIZATION OF EMERGENCY MEDICAL CONDITIONS BY NON-
PUBLICLY OWNED OR OPERATED INSTITUTIONS FOR MENTAL
DISEASES.
(a) Authority To Conduct Demonstration Project.--The Secretary of
Health and Human Services (in this section referred to as the
``Secretary'') shall establish a demonstration project under which an
eligible State (as described in subsection (c)) shall provide
reimbursement under the State Medicaid plan under title XIX of the
Social Security Act to an institution for mental diseases that is not
publicly owned or operated and that is subject to the requirements of
section 1867 of the Social Security Act (42 U.S.C. 1395dd) for the
provision of medical assistance available under such plan to an
individual who--
(1) has attained age 21, but has not attained age 65;
(2) is eligible for medical assistance under such plan; and
(3) requires such medical assistance to stabilize an
emergency medical condition.
(b) In-Stay Review.--The Secretary shall establish a mechanism for
in-stay review to determine whether or not the patient has been
stabilized (as defined in subsection (h)(5)). This mechanism shall
commence before the third day of the inpatient stay. States
participating in the demonstration project may manage the provision of
these benefits under the project through utilization review,
authorization, or management practices, or the application of medical
necessity and appropriateness criteria applicable to behavioral health.
(c) Eligible State Defined.--
(1) Application.--Upon approval of an application submitted
by a State described in paragraph (2), the State shall be an
eligible State for purposes of conducting a demonstration
project under this section.
(2) State described.--States shall be selected by the
Secretary in a manner so as to provide geographic diversity on
the basis of the application to conduct a demonstration project
under this section submitted by such States.
(d) Length of Demonstration Project.--The demonstration project
established under this section shall be conducted for a period of 3
consecutive years.
(e) Limitations on Federal Funding.--
(1) Appropriation.--
(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, there is appropriated to
carry out this section, $75,000,000 for fiscal year
2010.
(B) Budget authority.--Subparagraph (A) constitutes
budget authority in advance of appropriations Act and
represents the obligation of the Federal Government to
provide for the payment of the amounts appropriated
under that subparagraph.
(2) 3-year availability.--Funds appropriated under
paragraph (1) shall remain available for obligation through
December 31, 2012.
(3) Limitation on payments.--In no case may--
(A) the aggregate amount of payments made by the
Secretary to eligible States under this section exceed
$75,000,000; or
(B) payments be provided by the Secretary under
this section after December 31, 2012.
(4) Funds allocated to states.--The Secretary shall
allocate funds to eligible States based on their applications
and the availability of funds.
(5) Payments to states.--The Secretary shall pay to each
eligible State, from its allocation under paragraph (4), an
amount each quarter equal to the Federal medical assistance
percentage of expenditures in the quarter for medical
assistance described in subsection (a).
(f) Reports.--
(1) Annual progress reports.--The Secretary shall submit
annual reports to Congress on the progress of the demonstration
project conducted under this section.
(2) Final report and recommendation.--An evaluation should
be conducted of the demonstration project's impact on the
functioning of the health and mental health service system and
on individuals enrolled in the Medicaid program. This
evaluation should include collection of baseline data for one-
year prior to the initiation of the demonstration project as
well as collection of data from matched comparison states not
participating in the demonstration. The evaluation measures
shall include the following:
(A) A determination, by State, as to whether the
demonstration project resulted in increased access to
inpatient mental health services under the Medicaid
program and whether average length of stays were longer
(or shorter) for individuals admitted under the
demonstration project compared with individuals
otherwise admitted in comparison sites.
(B) An analysis by State, regarding whether the
demonstration project produced a significant reduction
in emergency room visits for individuals eligible for
assistance under the Medicaid program or in the
duration of emergency room lengths of stay.
(C) An assessment of discharge planning by
participating hospitals that ensures access to further
(non-emergency) inpatient or residential care as well
as continuity of care for those discharged to
outpatient care.
(D) An assessment of the impact of the
demonstration project on the costs of the full range of
mental health services (including inpatient, emergency
and ambulatory care) under the plan as contrasted with
the comparison areas.
(E) Data on the percentage of consumers with
Medicaid coverage who are admitted to inpatient
facilities as a result of the demonstration project as
compared to those admitted to these same facilities
through other means.
(F) A recommendation regarding whether the
demonstration project should be continued after
December 31, 2012, and expanded on a national basis.
(g) Waiver Authority.--
(1) In general.--The Secretary shall waive the limitation
of subdivision (B) following paragraph (28) of section 1905(a)
of the Social Security Act (42 U.S.C. 1396d(a)) (relating to
limitations on payments for care or services for individuals
under 65 years of age who are patients in an institution for
mental diseases) for purposes of carrying out the demonstration
project under this section.
(2) Limited other waiver authority.--The Secretary may
waive other requirements of titles XI and XIX of the Social
Security Act (including the requirements of sections 1902(a)(1)
(relating to statewideness) and 1902(1)(10)(B) (relating to
comparability)) only to extent necessary to carry out the
demonstration project under this section.
(h) Definitions.--In this section:
(1) Emergency medical condition.--The term ``emergency
medical condition'' means, with respect to an individual, an
individual who expresses suicidal or homicidal thoughts or
gestures, if determined dangerous to self or others.
(2) Federal medical assistance percentage.--The term
``Federal medical assistance percentage'' has the meaning given
that term with respect to a State under section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)).
(3) Institution for mental diseases.--The term
``institution for mental diseases'' has the meaning given to
that term in section 1905(i) of the Social Security Act (42
U.S.C. 1396d(i)).
(4) Medical assistance.--The term ``medical assistance''
has the meaning given to that term in section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)).
(5) Stabilized.--The term ``stabilized'' means, with
respect to an individual, that the emergency medical condition
no longer exists with respect to the individual and the
individual is no longer dangerous to self or others.
(6) State.--The term ``State'' has the meaning given that
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.). | Medicaid Emergency Psychiatric Care Demonstration Project Act of 2009 - Directs the Secretary of Health and Human Services to establish a demonstration project under which a state shall reimburse, under title XIX (Medicaid) of the Social Security Act, a privately owned and operated institution for mental diseases for medical assistance to an eligible individual between ages 21 and 65 who requires it to stabilize an emergency medical condition. | {"src": "billsum_train", "title": "A bill to provide for a demonstration project regarding Medicaid reimbursements for stabilization of emergency medical conditions by non-publicly owned or operated institutions for mental diseases."} | 1,681 | 92 | 0.676365 | 1.721707 | 0.838165 | 3 | 20.506849 | 0.917808 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy High-End
Computing Act of 2012''.
SEC. 2. DEFINITIONS.
Section 2 of the Department of Energy High-End Computing
Revitalization Act of 2004 (15 U.S.C. 5541) is amended by striking
paragraphs (1) through (5) and inserting--
(1) Co-design.--The term ``co-design'' means the joint
development of application algorithms, models, and codes with
computer technology architectures and operating systems to
maximize effective use of high-end computing systems.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Exascale.--The term ``exascale'' means computing system
performance at or near 10 to the 18th power floating point
operations per second.
(4) High-end computing system.--The term ``high-end
computing system'' means a computing system with performance
that substantially exceeds that of systems that are commonly
available for advanced scientific and engineering applications.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(6) National laboratory.--The term ``National Laboratory''
means any one of the seventeen laboratories owned by the
Department.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND
DEVELOPMENT PROGRAM.
Section 3 of the Department of Energy High-End Computing
Revitalization Act of 2004 (15 U.S.C. 5542) is amended--
(1) in subsection (a)(1), by striking ``program'' and
inserting ``coordinated program across the Department'';
(2) in subsection (b)(2), by striking ``vector'' and all
that follows through ``architectures'' and inserting ``computer
technologies that show promise of substantial reductions in
power requirements and substantial gains in parallelism of
multicore processors, concurrency, memory and storage,
bandwidth, and reliability''; and
(3) by striking subsection (d) and inserting the following:
``(d) Exascale Computing Program.--
``(1) In general.--The Secretary shall conduct a
coordinated research program to develop one or more exascale
computing systems to advance the missions of the Department.
``(2) Execution.--The Secretary shall through competitive
merit review establish two or more National Laboratory-industry
partnerships to conduct integrated research, development, and
engineering of one or more prototype exascale systems, and--
``(A) conduct mission-related co-design activities
in developing such prototype exascale platforms; and
``(B) develop those advancements in hardware and
software technology required to fully realize the
potential of an exascale production system in
addressing Department target applications and solving
scientific problems involving predictive modeling and
simulation and large-scale data analytics and
management.
``(3) Administration.--In carrying out this program, the
Secretary shall--
``(A) provide, on a competitive, merit-reviewed
basis, access for researchers in United States
industry, institutions of higher education, National
Laboratories, and other Federal agencies to these
exascale systems, as appropriate; and
``(B) conduct outreach programs to increase the
readiness for the use of such platforms by domestic
industries, including manufacturers.
``(4) Reports.--
``(A) Integrated strategy and program management
plan.--The Secretary shall submit to Congress, not
later than 90 days after the date of enactment of the
Department of Energy High-End Computing Act of 2012, a
report outlining an integrated strategy and program
management plan, including target dates for
prototypical and production exascale platforms, interim
milestones to reaching these targets, functional
requirements, roles and responsibilities of National
Laboratories and industry, acquisition strategy, and
estimated resources required, to achieve this exascale
system capability.
``(B) Status reports.--At the time of the budget
submission of the Department for each fiscal year, the
Secretary shall submit a report to Congress that
describes the status of milestones and costs in
achieving the objectives of the exascale computing
program.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 4 of the Department of Energy High-End Computing
Revitalization Act of 2004 (15 U.S.C. 5543) is amended--
(1) by striking ``this Act'' and inserting ``section
3(d)''; and
(2) by striking paragraphs (1) through (3) and inserting
the following:
(A) $110,000,000 for fiscal year 2013;
(B) $195,000,000 for fiscal year 2014; and
(C) $260,000,000 for fiscal year 2015. | Department of Energy High-End Computing Act of 2012 - Amends the Department of Energy High-End Computing Revitalization Act of 2004 with respect to: (1) exascale computing (computing system performance at or near 10 to the 18th power floating point operations per second); and (2) a high-end computing sytem with performance substantially exceeding that of systems commonly available for advanced scientific and engineering applications.
Directs the Secretary of Energy (DOE) to: (1) coordinate the development of high-end computing systems across DOE; and (2) include among the multiple architectures researched any computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability.
Repeals authority for establishment of at least one High-End Software Development Center.
Directs the Secretary to conduct a coordinated research program to develop one or more exascale computing systems to advance DOE missions. Requires establishment through competitive merit review of two or more DOE National Laboratory-industry partnerships to conduct integrated research, development, and engineering of one or more prototype exascale systems.
Requires the Secretary to conduct mission-related co-design activities in developing prototype exascale platforms. Defines "co-design" as the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems.
Directs the Secretary to develop any advancements in hardware and software technology required to realize fully the potential of an exascale production system in addressing DOE target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management. | {"src": "billsum_train", "title": "To amend the Department of Energy High-End Computing Revitalization Act of 2004 to improve the high-end computing research and development program of the Department of Energy, and for other purposes."} | 1,088 | 361 | 0.716651 | 2.305557 | 0.902249 | 5 | 3.071875 | 0.9125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Prosecutor Act''.
SEC. 2. ESTABLISHMENT OF TRADE ENFORCEMENT DIVISION AND POSITION OF
TRADE ENFORCEMENT OFFICER.
(a) Establishment.--Chapter 4 of title I of the Trade Act of 1974
(19 U.S.C. 2171) is amended by adding at the end the following new
section:
``SEC. 142. TRADE ENFORCEMENT DIVISION AND TRADE ENFORCEMENT OFFICER.
``(a) Establishment of Trade Enforcement Division.--There is
established within the Office of the United States Trade Representative
a Trade Enforcement Division (in this section referred to as the
`Division').
``(b) Establishment of Position of Trade Enforcement Officer.--
``(1) In general.--The Division shall be headed by a Trade
Enforcement Officer.
``(2) Appointment and nomination.--The Trade Enforcement
Officer shall be appointed by the President, by and with the
advice and consent of the Senate. As an exercise of the
rulemaking power of the Senate, any nomination of the Trade
Enforcement Officer submitted to the Senate for its advice and
consent, and referred to a committee, shall be referred to the
Committee on Finance.
``(3) Rank.--The Trade Enforcement Officer shall hold
office at the pleasure of the President and shall have the rank
of Ambassador.
``(c) Functions of Trade Enforcement Officer.--
``(1) Principal function.--The principal function of the
Trade Enforcement Officer shall be to ensure that United States
trading partners comply with trade agreements to which the
United States is a party.
``(2) Additional functions.--The Trade Enforcement Officer
shall--
``(A) assist the United States Trade Representative
in investigating and prosecuting disputes before the
World Trade Organization and pursuant to other trade
agreements to which the United States is a party;
``(B) assist the United States Trade Representative
in carrying out the United States Trade
Representative's functions under section 141(d);
``(C) make recommendations with respect to the
administration of United States trade laws relating to
foreign government barriers to United States goods,
services, and intellectual property, and other trade
matters; and
``(D) perform such other functions as the United
States Trade Representative may direct.
``(d) Office of Trade Assistance for Small Businesses.--
``(1) Establishment.--There is established within the
Division the Office of Trade Assistance for Small Businesses.
``(2) Functions.--The Office of Trade Assistance for Small
Businesses shall provide technical and legal assistance and
advice to eligible small businesses to enable such small
businesses to prepare and file petitions (other than those
that, in the opinion of the Office of Trade Assistance for
Small Businesses, are frivolous) under section 302.
``(3) Eligible small business defined.--The term ``eligible
small business'' means any business concern that, in the
judgment of the Office of Trade Assistance for Small
Businesses, due to its small size, has neither adequate
internal resources nor financial ability to obtain qualified
outside assistance in preparing and filing petitions and
complaints under section 302. In determining whether a business
concern is an ``eligible small business,'' the Office of Trade
Assistance for Small Businesses may consult with the
Administrator of the Small Business Administration and the
heads of other appropriate Federal departments and agencies.
``(e) Study and Report on Nontariff Barriers to Market Access.--Not
later than 180 days after the date of the enactment of this section and
annually thereafter, the Trade Enforcement Officer shall report to the
Committee on Finance of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on Ways and
Means of the House of Representatives on nontariff barriers affecting
market access for United States companies in any other country with
respect to which the United States has entered into a trade agreement
or is negotiating a trade agreement.''.
(b) Conforming Amendment.--The table of contents for the Trade Act
of 1974 is amended by inserting after the item relating to section 141
the following:
``Sec. 142. Trade Enforcement Division and Trade Enforcement
Officer.''.
(c) Compensation for Trade Enforcement Officer.--Section 5314 of
title 5, United States Code, is amended by inserting ``Trade
Enforcement Officer.'' as a new item after ``Chief Agricultural
Negotiator.''.
SEC. 3. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.
(a) In General.--Title III of the Trade Act of 1974 (19 U.S.C. 2411
et seq.) is amended by adding at the end the following:
``SEC. 311. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.
``(a) Identification and Annual Report.--
``(1) In general.--Not later than 75 days after the
submission of the report required by section 181(b), the Trade
Representative shall annually--
``(A) identify United States trade enforcement
priorities;
``(B) identify enforcement actions that the Trade
Representative has taken during the previous year and
review the impact such enforcement actions have had on
foreign trade barriers;
``(C) identify priority foreign country trade
practices on which the Trade Representative will focus
enforcement efforts;
``(D) submit to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House
of Representatives a report on the priorities, actions,
and practices identified in subparagraphs (A), (B), and
(C); and
``(E) publish the report required by subparagraph
(D) in the Federal Register.
``(2) Factors to consider.--In identifying priority foreign
country trade practices under paragraph (1)(C), the Trade
Representative shall focus on the practices the elimination of
which the Trade Representative determines will have the most
potential to increase United States economic growth, either
directly or through the establishment of a beneficial
precedent. The Trade Representative shall take into account all
relevant factors, including--
``(A) the major barriers and trade distorting
practices described in the most recent available report
submitted under section 181(b);
``(B) the findings and practices described in the
most recent available report required under--
``(i) section 182;
``(ii) section 1377 of the Omnibus Trade
and Competitiveness Act of 1988 (19 U.S.C.
3106);
``(iii) section 3005 of the Omnibus Trade
and Competitiveness Act of 1988 (22 U.S.C.
5305);
``(iv) section 421 of the U.S.-China
Relations Act of 2000 (22 U.S.C. 6951); and
``(v) any other report prepared by the
Trade Representative or any other agency
relating to international trade and investment;
``(C) the trade agreements to which a foreign
country is a party and the compliance of the foreign
country with such agreements;
``(D) the medium- and long-term implications of
foreign government procurement plans; and
``(E) the international competitive position and
export potential of United States products and
services.
``(3) Other items in report.--The Trade Representative may
include in the report required by paragraph (1)(D) a
description of foreign country trade practices that may in the
future warrant identification as priority foreign country trade
practices.
``(4) Priorities not identified.--If the Trade
Representative does not identify a priority foreign country
trade practice in the report required by paragraph (1)(D), the
Trade Representative shall set out in detail in such report the
reasons for failing to do so.
``(b) Consultation.--
``(1) In general.--Not later than 45 days after the
submission of the report required by section 181(b), the Trade
Representative shall consult with the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives with respect to the priorities, actions, and
practices to be identified in the report required by subsection
(a)(1)(D).
``(2) Vote of committee.--If, as a result of the
consultations described in paragraph (1), either the Committee
on Finance of the Senate or the Committee on Ways and Means of
the House of Representatives requests identification of a
priority foreign country trade practice by majority vote, the
Trade Representative shall include such identification in the
report required by subsection (a)(1)(D).
``(3) Determination not to include priority foreign country
trade practices.--The Trade Representative may determine not to
include the identification of a priority foreign country trade
practice requested under paragraph (2) in the report required
by subsection (a)(1)(D) only if--
``(A) the Trade Representative finds that--
``(i) such practice is already being
addressed--
``(I) under provisions of United
States trade law;
``(II) under the Uruguay Round
Agreements (as defined in section 2(7)
of the Uruguay Round Agreements Act (19
U.S.C. 3501(7)));
``(III) under any bilateral or
regional trade agreement; or
``(IV) as part of trade
negotiations with the foreign country
or other countries engaging in such
practice; and
``(ii) progress is being made toward the
elimination of such practice; or
``(B) the Trade Representative finds that
identification of such practice as a priority foreign
country trade practice would be contrary to the
interests of the United States.
``(4) Reasons for determination.--In the case of a
determination made pursuant to paragraph (3), the Trade
Representative shall set forth in detail the reasons for that
determination in the report required by subsection (a)(1)(D).
``(c) Investigation and Resolution.--
``(1) In general.--Upon submission of the report required
by subsection (a)(1)(D), the Trade Representative shall, with
respect to any priority foreign country trade practice
identified, seek satisfactory resolution with the country or
countries engaging in such practice under the auspices of the
World Trade Organization, pursuant to a bilateral or regional
trade agreement to which the United States is a party, or by
any other means. A satisfactory resolution may include
elimination of the practice or, if not feasible, providing for
compensatory trade benefits.
``(2) Consultations; investigations.--Not later than 120
days after the transmission of the report required by
subsection (a)(1)(D), the Trade Representative shall, with
respect to any priority foreign country trade practice
identified--
``(A) initiate dispute settlement consultations in
the World Trade Organization;
``(B) initiate dispute settlement consultations
under the applicable provisions of any bilateral or
regional trade agreement to which the United States is
a party;
``(C) initiate an investigation under section
302(b);
``(D) seek to negotiate an agreement that provides
for the elimination of the priority foreign country
trade practice or, if elimination of the practice is
not feasible, an agreement that provides for
compensatory trade benefits; or
``(E) take any other action necessary to eliminate
the priority foreign country trade practice.
``(3) Report.--On the day on which the Trade Representative
takes action under subparagraph (E) of paragraph (2), the Trade
Representative shall submit to Congress a report--
``(A) describing the action taken under
subparagraph (E) of paragraph (2) and the reasons for
taking the action; and
``(B) stating in detail the reasons the Trade
Representative did not take action under subparagraphs
(A) through (D) of paragraph (2).
``(d) Additional Reporting.--The Trade Representative shall report
to the Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives not later than 6 months after the
date of the enactment of this Act and every 6 months thereafter on--
``(1) the progress being made to realize the trade
enforcement priorities identified in subsection (a)(1)(A); and
``(2) the steps being taken to address the priority foreign
country trade practices identified in subsection (a)(1)(C).''.
(b) Conforming Amendment.--The table of contents of the Trade Act
of 1974 is amended by inserting after the item relating to section 310
the following:
``Sec. 311. Identification of trade enforcement priorities.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act for each fiscal year. | Trade Prosecutor Act - Amends the Trade Act of 1974 to establish in the Office of the U.S. Trade Representative (USTR) a Trade Enforcement Division, headed by a Trade Enforcement Officer, to ensure that U.S. trading partners comply with trade agreements to which the United States is a party. Establishes within the Division the Office of Trade Assistance for Small Businesses.
Requires the USTR, after submission of a specified report, to annually identify (and report to Congress on): (1) U.S. trade enforcement priorities; (2) enforcement actions and their impact on foreign trade barriers; and (3) priority foreign country trade practices on which the USTR will focus enforcement efforts. | {"src": "billsum_train", "title": "To establish the position of Trade Enforcement Officer and a Trade Enforcement Division in the Office of the United States Trade Representative, to require identification of trade enforcement priorities, and for other purposes."} | 2,761 | 151 | 0.60721 | 1.477924 | 0.653229 | 3.476563 | 20.179688 | 0.898438 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Payment Improvement Act of
2009''.
SEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE.
(a) In General.--Section 1848(e)(5) of the Social Security Act (42
U.S.C. 1395w-4(e)) is amended by adding at the end the following new
paragraph:
``(6) Value index.--
``(A) In general.--The Secretary shall determine a
value index for each fee schedule area. The value index
shall be the ratio of the quality component under
subparagraph (B) to the cost component under
subparagraph (C) for that fee schedule area.
``(B) Quality component.--
``(i) In general.--The quality component
shall be based on a composite score that
reflects quality measures available on a State
or fee schedule area basis. The measures shall
reflect health outcomes and health status for
the Medicare population, patient safety, and
patient satisfaction. The Secretary shall use
the best data available, after consultation
with the Agency for Healthcare Research and
Quality and with private entities that compile
quality data.
``(ii) Requirement.--In establishing the
quality component under this subparagraph, the
Secretary shall take into account the
following:
``(I) Hospital readmission rates.
``(II) Hospital emergency
department utilization for ambulatory
care-sensitive conditions.
``(III) Hospital admissions for
ambulatory care-sensitive conditions.
``(IV) Mortality amenable to health
care.
``(V) Other items determined
appropriate by the Secretary.
``(iii) Establishment.--The quality
component for each fee schedule area shall be
the ratio of the quality score for such area to
the national average quality score.
``(iv) Application.--In the case of a fee
schedule area that is less than an entire
State, if available quality data is not
sufficient to measure quality at the sub-State
level, the quality component for a sub-State
fee schedule area shall be the quality
component for the entire State.
``(C) Cost component.--
``(i) In general.--The cost component shall
be total annual per beneficiary Medicare
expenditures under part A and this part for the
fee schedule area. The Secretary may use total
per beneficiary expenditures under such parts
in the last two years of life as an alternative
measure if the Secretary determines that such
measure better takes into account severity
differences among fee schedule areas.
``(ii) Establishment.--The cost component
for a fee schedule area shall be the ratio of
the cost per beneficiary for such area to the
national average cost per beneficiary.''.
(b) Conforming Amendments.--Section 1848 of the Social Security Act
(42 U.S.C. 1395w-4) is amended--
(1) in subparagraph (b)(1)(C), by striking ``geographic''
and inserting ``geographic and value''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in the heading, by inserting ``and
value'' after ``geographic'';
(ii) in subparagraph (A), by striking
clause (iii) and inserting the following new
clause:
``(iii) a value index (as defined in
paragraph (6)) applicable to physician work.'';
(iii) in subparagraph (C), by inserting
``and value'' after ``geographic'' in the first
sentence;
(iv) in subparagraph (D), by striking
``physician work effort'' and inserting
``value'';
(v) by striking subparagraph (E); and
(vi) by striking subparagraph (G);
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Computation of geographic and value adjustment
factor.--For purposes of subsection (b)(1)(C), for all
physicians' services for each fee schedule area the Secretary
shall establish a geographic and value adjustment factor equal
to the sum of the geographic cost-of-practice adjustment factor
(specified in paragraph (3)), the geographic malpractice
adjustment factor (specified in paragraph (4)), and the value
adjustment factor (specified in paragraph (5)) for the service
and the area.''; and
(C) by striking paragraph (5) and inserting the
following new paragraph:
``(5) Physician work value adjustment factor.--For purposes
of paragraph (2), the `physician work value adjustment factor'
for a service for a fee schedule area, is the product of--
``(A) the proportion of the total relative value
for the service that reflects the relative value units
for the work component; and
``(B) the value index score for the area, based on
the value index established under paragraph (6).''.
(c) Availability of Quality Component Prior to Implementation.--The
Secretary of Health and Human Services shall make the quality component
described in section 1848(c)(6)(B) of the Social Security Act, as added
by subsection (a), for each fee schedule area available to the public
by not later than January 1, 2011.
(d) Effective Date.--The amendments made by this section shall
apply to the Medicare physician fee schedule for 2012 and each
subsequent year. | Medicare Payment Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to determine a value index for the physician work component for each Medicare physician fee schedule area. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to create a value indexing mechanism for the physician work component of the Medicare physician fee schedule."} | 1,209 | 58 | 0.518192 | 1.211595 | 0.600565 | 3.083333 | 23.104167 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Democracy Restoration Act of 2008''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates offenders
into free society, helping to enhance public safety.
(2) Article I, section 4 of the Constitution of the United
States grants Congress ultimate supervisory power over Federal
elections, an authority which has repeatedly been upheld by the
Supreme Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for Americans to vote
in Federal elections. The right to vote may not be abridged or
denied by the United States or by any State on account of race,
color, gender or previous condition of servitude. The 14th and
15th Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections.
(4) There are three areas where discrepancies in State laws
regarding felony convictions lead to unfairness in Federal
elections: (A) there is no uniform standard for voting in
Federal elections which leads to an unfair disparity and
unequal participation in Federal elections based solely on
where a person lives; (B) laws governing the restoration of
voting rights after a felony conviction are unequal throughout
the country and persons in some States can easily regain their
voting rights while in other States persons effectively lose
their right to vote permanently; and (C) State
disenfranchisement laws disproportionately impact racial ethnic
minorities.
(5) Disenfranchisement results from varying State laws that
restrict voting while under some form of criminal justice
supervision or after the completion of a felony sentence in
some States. Two States do not disenfranchise felons at all
(Maine and Vermont). Forty-eight States and the District of
Columbia have disenfranchisement laws that deprive convicted
offenders of the right to vote while they are in prison. In
thirty-five States, convicted offenders may not vote while they
are on parole and thirty of these States disenfranchise felony
probationers as well. In ten States, a conviction can result in
lifetime disenfranchisement.
(6) An estimated 5,300,000 Americans, or about one in
forty-one adults, currently cannot vote as a result of a felony
conviction. Nearly 4,000,000 (74 percent) of the 5,300,000
disqualified voters are not in prison, but are on probation or
parole, or are ex-offenders. Approximately 2,000,000 of those
individuals are individuals who have completed their entire
sentence, including probation and parole, yet remain
disenfranchised.
(7) In those States that disenfranchise ex-offenders, the
right to vote can be regained in theory, but in practice this
possibility is often illusory. Offenders must either obtain a
pardon or order from the Governor or action by the parole or
pardon board, depending on the offense and State. Offenders
convicted of a Federal offense often have additional barriers
to regaining voting rights.
(8) In at least 16 States, Federal offenders cannot use the
State procedure for restoring their civil rights. The only
method provided by Federal law for restoring voting rights to
ex-offenders is a Presidential pardon. Few persons who seek to
have their right to vote restored have the financial and
political resources needed to succeed.
(9) State disenfranchisement laws disproportionately impact
ethnic minorities. Thirteen percent of the African American
adult male population, or 1,400,000 African American men, are
disenfranchised. Given current rates of incarceration, three in
ten of the next generation of black men will be disenfranchised
at some point during their lifetime. Hispanic citizens are also
disproportionately disenfranchised since they are
disproportionately represented in the criminal justice system.
(10) Disenfranchising citizens who have been convicted of a
felony offense and who are living and working in the community
serves no compelling State interest and hinders their
rehabilitation and reintegration into society.
(11) State disenfranchisement laws suppress electoral
participation among eligible voters and damage the integrity of
the electoral process. State disenfranchisement laws
significantly impact the rate of electoral participation among
the children of disenfranchised parents.
(12) The United States in the only Western democracy that
permits the permanent denial of voting rights to individuals
with felony convictions.
SEC. 3. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.
SEC. 4. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this Act.
(b) Private Right of Action.--
(1) A person who is aggrieved by a violation of this Act
may provide written notice of the violation to the chief
election official of the State involved.
(2) Except as provided in paragraph (3), if the violation
is not corrected within 90 days after receipt of a notice under
paragraph (1), or within 20 days after receipt of the notice if
the violation occurred within 120 days before the date of an
election for Federal office, the aggrieved person may, in a
civil action obtain declaratory or injunctive relief with
respect to the violation.
(3) If the violation occurred within 30 days before the
date of an election for Federal office, the aggrieved person
need not provide notice to the chief election official of the
State under paragraph (1) before bringing a civil action to
obtain declaratory or injunctive relief with respect to the
violation.
SEC. 5. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who has
been convicted of a criminal offense under the law of that
State that such individual has the right to vote in an election
for Federal office pursuant to the Democracy Restoration Act
and may register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--On the date determined under paragraph
(2), the Director of the Bureau of Prisons shall notify in
writing any individual who has been convicted of a criminal
offense under Federal law that such individual has the right to
vote in an election for Federal office pursuant to the
Democracy Restoration Act and may register to vote in any such
election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation by a court established by an Act of
Congress; or
(ii) is released from the custody of the
Bureau of Prisons (other than to the custody of
a State to serve a term of imprisonment for a
felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 7. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this Act
shall be construed to prohibit the States enacting any State law which
affords the right to vote in any election for Federal office on terms
less restrictive than those established by this Act.
(b) Certain Federal Acts.--The rights and remedies established by
this Act are in addition to all other rights and remedies provided by
law, and neither rights and remedies established by this Act shall
supersede, restrict, or limit the application of the Voting Rights Act
of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act
(42 U.S.C. 1973-gg).
SEC. 8. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may receive or
use, to construct or otherwise improve a prison, jail, or other place
of incarceration, any Federal grant amounts unless that person has in
effect a program under which each individual incarcerated in that
person's jurisdiction who is a citizen of the United States is
notified, upon release from such incarceration, of that individual's
rights under section 3.
SEC. 9. EFFECTIVE DATE.
This Act shall apply to citizens of the United States voting in any
election for Federal office held after the date of the enactment of
this Act. | Democracy Restoration Act of 2008 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence in a correctional institution or facility. Provides for enforcement and remedies for violations of this Act.
Specifies that: (1) nothing in this Act shall be construed to prohibit a state from enacting any state law that affords the right to vote in any election for federal office on terms less restrictive than those terms established by this Act; and (2) the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law, and shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 or the National Voter Registration Act of 1993. Prohibits any state, unit of local government, or other person from receiving or using any federal grant amounts to construct or improve a place of incarceration unless that person has a program to notify each U.S. citizen incarcerated in that person's jurisdiction, on release from such incarceration, of that individual's rights under this Act. | {"src": "billsum_train", "title": "To secure the Federal voting rights of persons who have been released from incarceration."} | 2,508 | 281 | 0.521195 | 1.563963 | 0.616213 | 5.83691 | 9.716738 | 0.95279 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Materials Corridor and
United States-Mexico Border Technology Partnership Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the 2,000 mile long United States-Mexico border region,
extending 100 kilometers north and south of the international
boundary, has undergone rapid economic growth that has provided
economic opportunity to millions of people;
(2) the border region's rapid economic growth has
unfortunately created serious problems including pollution,
hazardous wastes, and the inefficient use of resources that
threaten people's health and the prospects for long-term
economic growth in the region;
(3) there are a significant number of major institutions in
the border States of both countries currently conducting
research, development and testing activities in technologies
that might help alleviate these problems;
(4)(A) these new technologies may provide major
opportunities for significantly--
(i) minimizing industrial wastes and pollution that
may pose a threat to public health;
(ii) reducing emissions of atmospheric pollutants;
(iii) using recycled natural resources as primary
materials for industrial production; and
(iv) improving energy efficiency; and
(B) such advances will directly benefit both sides of the
United States-Mexico border by encouraging energy efficient,
environmentally sound economic development that improves the
health and protects the natural resources of the border region;
(5) in August 1998, the binational United States-Mexico
Border Region Hazardous Wastes Forum, organized by the
Department of Energy's Carlsbad Area Office, resulted in a
consensus of experts from the United States and Mexico that the
Department of Energy's science and technology could be
leveraged to address key environmental issues in the border
region while fostering further economic development of the
border region;
(6) the Carlsbad Area Office, which manages the Waste
Isolation Pilot Plant in Carlsbad, New Mexico, is well suited
to lead a multiagency program focused on the problems of the
border region given its significant expertise in hazardous
materials and location near the border;
(7)(A) promoting clean materials industries in the border
region that are energy efficient has been identified as a high
priority issue by the United States-Mexico Foundation for
Science Cooperation; and
(B) at the 1998 discussions of the United States-Mexico
Binational Commission, Mexico formally proposed joint funding
of a ``Materials Corridor Partnership Initiative'', proposing
$1,000,000 to implement the Initiative if matched by the United
States;
(8) recognizing the importance of materials processing,
research institutions in the border States of both the United
States and Mexico, in conjunction with private sector partners
of both nations, and with strong endorsement from the
Government of Mexico, in 1998 organized the Materials Corridor
Council to implement a cooperative program of materials
research and development, education and training, and
sustainable industrial development as part of the Materials
Corridor Partnership Initiative; and
(9) successful implementation of this Act would advance
important United States energy, environmental, and economic
goals not only in the United States-Mexico border region but
also serve as a model for similar collaborative, transnational
initiatives in other regions of the world.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a multiagency program to--
(1) alleviate the problems caused by rapid economic
development along the United States-Mexico border;
(2) support the Materials Corridor Partnership Initiative
referred to in section 2(7); and
(3) promote energy efficient, environmentally sound
economic development along that border through the development
and use of new technologies, particularly hazardous waste and
materials technologies.
SEC. 4. DEFINITIONS.
In this Act:
(1) Program.--The term ``program'' means the program
established under section 5(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 5. ESTABLISHMENT AND IMPLEMENTATION OF THE PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a
multiagency program to--
(A) alleviate the problems caused by rapid economic
development along the United States-Mexico border,
particularly those associated with public health and
environmental security;
(B) support the Materials Corridor Partnership
Initiative; and
(C) promote energy efficient, environmentally sound
economic development along that border through the
development and use of new technologies, particularly
hazardous waste and materials technologies.
(2) Considerations.--In developing the program, the
Secretary shall give due consideration to the proposal made to
the United States-Mexico Binational Commission for the
Materials Corridor Partnership Initiative.
(3) Program management.--This program shall be managed for
the Secretary by the Department's Carlsbad Area Office, with
support, as necessary, from the Albuquerque Operations Office.
(b) Participation of Other Federal Agencies and Commissions.--The
Secretary shall organize and conduct the program jointly with--
(1) the Department of State;
(2) the Environmental Protection Agency;
(3) the National Science Foundation;
(4) the National Institute of Standards and Technology;
(5) the United States-Mexico Border Health Commission; and
(6) any other departments, agencies, or commissions the
participation of which the Secretary considers appropriate.
(c) Participation of the Private Sector.--When appropriate, funds
made available under this act shall be made available for technology
deployment, research, and training activities that are conducted with
the participation and support of private sector organizations located
in the United States and, subject to section 7(c)(2), Mexico, to
promote and accelerate in the United States-Mexico border region the
use of energy efficient, environmentally sound technologies and other
advances resulting from the program.
(d) Mexican Resource Contributions.--The Secretary shall--
(1) encourage public, private, nonprofit, and academic
organizations located in Mexico to contribute significant
financial and other resources to the program; and
(2) take any such contributions into account in conducting
the program.
(e) Transfer of Technology From National Laboratories.--In
conducting the program, the Secretary shall emphasize the transfer and
use of technology developed by the national laboratories of the
Department of Energy.
SEC. 6. ACTIVITIES AND MAJOR PROGRAM ELEMENTS.
(a) Activities.--Funds made available under this Act shall be made
available for technology deployment, research, and training activities,
particularly related to hazardous waste and materials technologies,
that will alleviate the problems caused by rapid economic development
along the United States-Mexico border, that focus on issues related to
the protection of public health and environmental security, and that
promote--
(1) minimization of industrial wastes and pollutants;
(2) reducing emissions of atmospheric pollutants;
(3) use of recycled resources as primary materials for
industrial production; and
(4) improvement of energy efficiency.
(b) Major Program Elements.--
(1) In general.--The program shall have the following major
elements, all of which shall emphasize hazardous waste and
materials technologies:
(A) Technology Deployment, focused on the clear,
operational demonstration of the utility of well
developed technologies in new organizations or
settings.
(B) Research, focused on developing, maturing, and
refining technologies to investigate or improve the
feasibility or utility of the technologies.
(C) Training, focused on training businesses,
industries, and their workers in the border region in
energy efficient, environmentally sound technologies
that minimize waste, decrease public health risks,
increase recycling, and improve environmental security.
(2) Technology deployment and research.--Projects under
paragraph (1)(A) and (1)(B) should typically involve
significant participation from private sector organizations
that would use or sell such a technology.
SEC. 7. PARTICIPATION OF DEPARTMENTS, AGENCIES, AND COMMISSIONS OTHER
THAN THE DEPARTMENT OF ENERGY.
(a) Agreement.--Not later than 120 days after the date of enactment
of this Act, the Secretary shall enter into an agreement with the
departments, agencies, and commissions referred to in section 5(b) on
the coordination and implementation of the program.
(b) Actions of Departments, Agencies, and Commissions.--Any action
of a department, agency, or commission under an agreement under
subsection (a) shall be the responsibility of that department, agency,
or commission and shall not be subject to approval by the Secretary.
(c) Use of Funds.--
(1) In general.--The Secretary and the departments,
agencies, and commissions referred to in section 5(b) may use
funds made available for the program for technology deployment,
research, or training activities carried out by--
(A) State and local governments and academic,
nonprofit, and private organizations located in the
United States; and
(B) State and local governments and academic,
nonprofit, and private organizations located in Mexico.
(2) Condition.--Funds may be made available to a State or
local government or organization located in Mexico only if a
government or organization located in Mexico (which need not be
the recipient of the funds) contributes a significant amount of
financial or other resources to the project to be funded.
(d) Transfer of Funds.--The Secretary may transfer funds to the
departments, agencies, and commissions referred to in section 5(b) to
carry out the responsibilities of the departments, agencies, and
commissions under this Act.
SEC. 8. PROGRAM ADVISORY COMMITTEE.
(a) Establishment.--
(1) In general.--The Secretary shall establish an advisory
committee consisting of representatives of the private,
academic, and public sectors.
(2) Considerations.--In establishing the advisory
committee, the Secretary shall take into consideration
organizations in existence on the date of enactment of this
Act, such as the Materials Corridor Council and the Business
Council for Sustainable Development-Gulf Mexico.
(b) Consultation and Coordination.--Departments, agencies, and
commissions of the United States to which funds are made available
under this Act shall consult and coordinate with the advisory committee
in identifying and implementing the appropriate types of projects to be
funded under this Act.
SEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE.
(a) In General.--Federal departments, agencies, and commissions
participating in the program may provide financial and technical
assistance to other organizations to achieve the purpose of the
program.
(b) Technology Deployment and Research.--
(1) Use of cooperative agreements.--
(A) In general.--Federal departments, agencies, and
commissions shall, to the extent practicable, use
cooperative agreements to fund technology deployment
and research activities by organizations outside the
Federal Government.
(B) National laboratories.--In the case of a
technology deployment or research activity conducted by
a national laboratory, a funding method other than a
cooperative agreement may be used if such a funding
method would be more administratively convenient.
(2) Federal share.--
(A) In general.--The Federal Government shall pay
not more than 50 percent of the cost of technology
deployment or research activities under the program.
(B) Qualified funding and resources.--No funds or
other resources expended either before the start of a
project under the program or outside the scope of work
covered by the funding method determined under
paragraph (1) shall be credited toward the non-Federal
share of the cost of the project.
(c) Training.--
(1) In general.--Federal departments, agencies, and
commissions shall, to the extent practicable, use grants to
fund training activities by organizations outside the Federal
Government.
(2) National laboratories.--In the case of a training
activity conducted by a national laboratory, a funding method
other than a grant may be used if such a funding method would
be more administratively convenient.
(3) Federal share.--The Federal Government may fund 100
percent of the cost of the training activities of the program.
(d) Selection.--All projects funded under contracts,
grants, or cooperative agreements established under this
program shall, to the maximum extent practicable, be selected
in an open, competitive process using such selection criteria
as the Secretary, through his program management, and in
consultation with the departments, agencies, and commissions
referred to in section 5(b), determines to be appropriate. Any
such selection process shall weigh the benefits to the border
region.
(e) Accounting Standards.--
(1) Waiver.--To facilitate participation in the program,
Federal departments, agencies, and commissions may waive any
requirements for Government accounting standards by
organizations that have not established such standards.
(2) GAAP.--Generally accepted accounting principles shall
be sufficient for projects under the program.
(f) No Construction.--No program funds may be used for
construction.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$10,000,000 for each of fiscal years 2000 through 2004.
Passed the Senate April 13, 2000.
Attest:
GARY SISCO,
Secretary. | (Sec. 6) Makes funds under this Act available for technology deployment, research, and training activities, particularly related to hazardous waste and materials technologies that will: (1) alleviate problems caused by rapid economic development along the United States-Mexico border; (2) focus on issues related to public health and environmental security; and (3) promote minimization of industrial wastes and pollutants, reduction of emissions of atmospheric pollutants, use of recycled resources as primary materials for industrial production, and improvement of energy efficiency.
Sets forth guidelines for major program elements (all of which shall emphasize hazardous waste and materials technologies), and for participation by Federal departments and agencies.
(Sec. 8) Directs the Secretary to establish an advisory committee consisting of representatives of the private, academic, and public sectors to consult and coordinate with Federal entities in identifying and implementing the appropriate projects to be funded under this Act.
(Sec. 9) Prescribes financial and technical assistance guidelines. Authorizes appropriations for FY 2000 through 2004. | {"src": "billsum_train", "title": "National Materials Corridor and United States-Mexico Border Technology Partnership Act of 2000"} | 2,802 | 212 | 0.571275 | 1.893968 | 0.918055 | 4.48731 | 13.314721 | 0.944162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mailing Support to Troops Act of
2004''.
SEC. 2. FREE MAILING PRIVILEGES.
Chapter 34 of title 39, United States Code, is amended by adding at
the end the following:
``Sec. 3407. Free postage for personal correspondence and parcels sent
by family members to members of the Armed Forces of the
United States serving in Iraq or Afghanistan
``(a) In General.--Any mail matter to which this section applies
may be mailed free of postage if such mail matter--
``(1) is addressed to an individual who--
``(A) is a member of the Armed Forces of the United
States on active duty (as defined in section 101 of
title 10); and
``(B)(i) is serving in Iraq or Afghanistan; or
``(ii) is hospitalized at a facility under the
jurisdiction of the Armed Forces of the United States
as a result of a disease or injury incurred as a result
of service in Iraq or Afghanistan; and
``(2) is sent--
``(A) by a family member (as defined in section
411h of title 37) of the individual referred to in
paragraph (1); and
``(B) from within an area served by a United States
post office.
``(b) Applicability.--The free mailing privilege made available by
this section--
``(1) shall apply with respect to--
``(A) letter mail or sound- or video-recorded
communications having the character of personal
correspondence; and
``(B) parcels not exceeding the maximum size
allowed by the Postal Service and the Department of
Defense for parcels sent to members of the Armed Forces
serving in Iraq or Afghanistan; and
``(2) shall not apply with respect to mail matter that
contains any advertising.
``(c) Rate of Postage.--Any mail matter mailed under this section
shall be mailed at the equivalent rate of postage which assures that
such mail matter will be sent by the most economical means practicable.
``(d) Marking.--All mail matter mailed under this section shall
bear, in the upper right-hand corner of the address area, the words
`Free Matter for Member of the Armed Forces of the United States' or
words to that effect specified by the Postal Service.
``(e) Regulations.--Not later than 30 days after the date of the
enactment of this section, the Postal Service shall, in consultation
with the Secretary of Defense, prescribe any regulations necessary to
carry out this section.
``(f) Duration.--The free mailing privilege made available by this
section shall apply with respect to mail matter sent during the 1-year
period beginning on the date on which the regulations under subsection
(e) take effect.''.
SEC. 3. FUNDING.
(a) In General.--Sections 2401(c) and 3627 of title 39, United
States Code, are amended by striking ``3406'' and inserting ``3407''.
(b) Air Transportation.--
(1) In general.--Section 2401 of title 39, United States
Code, is amended by redesignating subsections (d) through (g)
as subsections (e) through (h), respectively, and by inserting
after subsection (c) the following:
``(d) There are authorized to be appropriated to the Postal Service
each year a sum determined by the Postal Service to be equal to the
expenses incurred by the Postal Service in providing air transportation
for mail sent to members of the Armed Forces of the United States free
of postage under section 3407, not including the expense of air
transportation that is provided by the Postal Service at the same
postage rate or charge for mail which is not addressed to an Armed
Forces post office.''.
(2) Amendment to prevent duplicative funding.--Section
3401(e) of title 39, United States Code, is amended--
(A) by striking ``transportation or (2)'' and
inserting ``transportation, (2)''; and
(B) by striking ``office.'' and inserting ``office,
or (3) for which amounts are authorized to be
appropriated to the Postal Service under section
2401(d).''.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Annual Budget.--Section 2009 of title 39, United States Code,
is amended in the next to last sentence by striking ``(b) and (c)'' and
inserting ``(b), (c), and (d)''.
(b) Comprehensive Plan References.--Sections 2803(a) and 2804(a) of
title 39, United States Code, are amended by striking ``2401(g)'' and
inserting ``2401(f)''.
(c) Chapter Analysis.--The analysis for chapter 34 of title 39,
United States Code, is amended by adding at the end the following:
``3407. Free postage for personal correspondence and parcels sent by
family members to members of the Armed
Forces of the United States serving in Iraq
or Afghanistan.''. | Mailing Support to Troops Act of 2004 - Authorizes free mailing privileges for mail matter sent by a family member from within an area served by a U.S. post office to members of the Armed Forces on active duty in Iraq or Afghanistan, or hospitalized at an Armed Forces facility as a result of such service. | {"src": "billsum_train", "title": "To amend title 39, United States Code, to provide for free mailing privileges for personal correspondence and parcels sent by family members from within the United States to members of the Armed Forces serving on active duty in Iraq or Afghanistan."} | 1,175 | 76 | 0.63705 | 1.56583 | 1.097208 | 3.758621 | 18.258621 | 0.965517 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Savings,
Accountability, Value, and Efficiency II Act'' or ``SAVE II Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Department of Defense unmanned aircraft systems.
Sec. 3. Finalizing Department of Defense inventory management guidance.
Sec. 4. Revocation or denial of passport and passport card in case of
certain unpaid taxes.
Sec. 5. Consideration of prospective antidumping and countervailing
duty collection system.
Sec. 6. Report on effectiveness of foreign assistance programs and
projects.
Sec. 7. Conversion of prison X-ray systems.
Sec. 8. Prohibition on non-cost effective minting and printing of coins
and currency.
Sec. 9. Restrictions on printing and distribution of paper copies of
Congressional documents.
SEC. 2. DEPARTMENT OF DEFENSE UNMANNED AIRCRAFT SYSTEMS.
(a) Examination To Improve Interoperability.--The UAS Task Force
established by the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall conduct an examination of the entire
unmanned aircraft systems (UAS) portfolio of the Department of Defense,
including UAS requirements, platforms, payloads, and ground control
stations, for the purpose of developing strategies for improved
interoperability of existing systems.
(b) Incorporation in Acquisition Strategies.--In the acquisition
strategies for each unmanned aircraft program commenced after the date
of the enactment of this Act, the Secretary of Defense shall identify,
prior to milestone B, areas in which commonality with other unmanned
aircraft systems across the UAS portfolio will be achieved.
(c) Independent Study.--The Secretary of Defense shall request a
federally funded research and development center to conduct an
independent study--
(1) to analyze the effectiveness of the UAS Task Force in
addressing UAS interoperability and overlap issues;
(2) to provide solutions, if needed, to existing
interoperability and overlap issues; and
(3) to determine whether a single entity would be better
positioned than the UAS Task Force to integrate all
crosscutting efforts to improve the management and operation of
the UAS portfolio.
(d) Report.--Not later than March 3, 2014, the Secretary of Defense
shall submit to Congress a report containing the--
(1) the results of the examination required by subsection
(a); and
(2) the results of the independent study required by
subsection (c).
SEC. 3. FINALIZING DEPARTMENT OF DEFENSE INVENTORY MANAGEMENT GUIDANCE.
(a) Department of Defense Inventory Management Guidance.--As part
of the implementation of the Department of Defense Comprehensive
Inventory Management Improvement Plan, the Secretary of Defense shall
issue revised inventory management guidance that--
(1) strengthens demand forecasting, visibility of on-hand
inventory, reviews of on-order excess inventory, and management
of inventory held for economic and contingency reasons in order
to prevent on-order and on-hand excess inventory;
(2) establishes a comprehensive, standardized set of
department-wide supply chain and inventory management metrics,
including standardized definitions, to measure five key
attributes (materiel readiness, responsiveness, reliability,
cost, and planning and precision) of supply chain management
operations; and
(3) establishes procedures for measuring and reporting
these metrics on a regular basis to ensure the effectiveness
and cost-efficiency of supply chain and inventory management
operations.
(b) Completion and Submission.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense shall
complete the revision of inventory management guidance required by
subsection (a) and submit the revised guidance to Congress.
SEC. 4. REVOCATION OR DENIAL OF PASSPORT AND PASSPORT CARD IN CASE OF
CERTAIN UNPAID TAXES.
(a) In General.--Subchapter D of chapter 75 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT AND PASSPORT CARD IN CASE
OF CERTAIN TAX DELINQUENCIES.
``(a) In General.--If the Secretary receives certification by the
Commissioner of Internal Revenue that any individual has a seriously
delinquent tax debt in an amount in excess of $50,000, the Secretary
shall transmit such certification to the Secretary of State for action
with respect to denial, revocation, or limitation of a passport or
passport card pursuant to section 4 of the Act entitled `An Act to
regulate the issue and validity of passports, and for other purposes',
approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the
`Passport Act of 1926'.
``(b) Seriously Delinquent Tax Debt.--For purposes of this section,
the term `seriously delinquent tax debt' means an outstanding debt
under this title for which a notice of lien has been filed in public
records pursuant to section 6323 or a notice of levy has been filed
pursuant to section 6331, except that such term does not include--
``(1) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or 7122, and
``(2) a debt with respect to which collection is suspended
because a collection due process hearing under section 6330, or
relief under subsection (b), (c), or (f) of section 6015, is
requested or pending.
``(c) Adjustment for Inflation.--In the case of a calendar year
beginning after 2013, the dollar amount in subsection (a) shall be
increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2012' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $1,000, such amount shall be rounded to the next highest
multiple of $1,000.''.
(b) Clerical Amendment.--The table of sections for subchapter D of
chapter 75 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 7345. Revocation or denial of passport and passport card in case
of certain tax delinquencies.''.
(c) Authority for Information Sharing.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(23) Disclosure of return information to department of
state for purposes of passport and passport card revocation
under section 7345.--
``(A) In general.--The Secretary shall, upon
receiving a certification described in section 7345,
disclose to the Secretary of State return information
with respect to a taxpayer who has a seriously
delinquent tax debt described in such section. Such
return information shall be limited to--
``(i) the taxpayer identity information
with respect to such taxpayer, and
``(ii) the amount of such seriously
delinquent tax debt.
``(B) Restriction on disclosure.--Return
information disclosed under subparagraph (A) may be
used by officers and employees of the Department of
State for the purposes of, and to the extent necessary
in, carrying out the requirements of section 4 of the
Act entitled `An Act to regulate the issue and validity
of passports, and for other purposes', approved July 3,
1926 (22 U.S.C. 211a et seq.), commonly known as the
`Passport Act of 1926'.''.
(2) Conforming amendment.--Paragraph (4) of section 6103(p)
of such Code is amended by striking ``or (22)'' each place it
appears in subparagraph (F)(ii) and in the matter preceding
subparagraph (A) and inserting ``(22), or (23)''.
(d) Revocation Authorization.--The Act entitled ``An Act to
regulate the issue and validity of passports, and for other purposes'',
approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the
``Passport Act of 1926'', is amended by adding at the end the
following:
``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT CARD.
``(a) Ineligibility.--
``(1) Issuance.--Except as provided under subsection (b),
upon receiving a certification described in section 7345 of the
Internal Revenue Code of 1986 from the Secretary of the
Treasury, the Secretary of State may not issue a passport or
passport card to any individual who has a seriously delinquent
tax debt described in such section.
``(2) Revocation.--The Secretary of State shall revoke a
passport or passport card previously issued to any individual
described in paragraph (1).
``(b) Exceptions.--
``(1) Emergency and humanitarian situations.--
Notwithstanding subsection (a), the Secretary of State may
issue a passport or passport card, in emergency circumstances
or for humanitarian reasons, to an individual described in
paragraph (1) of such subsection.
``(2) Limitation for return to united states.--
Notwithstanding subsection (a)(2), the Secretary of State,
before revocation, may--
``(A) limit a previously issued passport or
passport card only for return travel to the United
States; or
``(B) issue a limited passport or passport card
that only permits return travel to the United
States.''.
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 2014.
SEC. 5. CONSIDERATION OF PROSPECTIVE ANTIDUMPING AND COUNTERVAILING
DUTY COLLECTION SYSTEM.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce shall submit to
Congress a report containing an evaluation of the merits and
feasibility of converting from a retrospective antidumping and
countervailing duty collection system to a prospective antidumping and
countervailing duty collection system. If the Secretary recommends
conversion to a particular prospective system, the Secretary shall
include in the report an estimate of the costs to be incurred and cost
savings to be achieved as a result of converting to such prospective
system.
(b) Consultation.--The Secretary of Commerce shall prepare the
report under subsection (a) in consultation with the Secretary of
Homeland Security and Secretary of the Treasury.
SEC. 6. REPORT ON EFFECTIVENESS OF FOREIGN ASSISTANCE PROGRAMS AND
PROJECTS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the United States
Agency for International Development shall submit to Congress a report
on the effectiveness of each foreign assistance program and project of
the United States Agency for International Development.
(b) Matters To Be Included.--The report required by subsection (a)
shall, with respect to each such program and project, include a
description of the following:
(1) How funds and other resources provided to a foreign
entity under the program or project are spent or used.
(2) The extent to which such funds and other resources are
spent or used in accordance with the purposes of the program or
project.
(3) The extent to which such funds and other resources
assist in achieving the results intended for the program or
project.
(4) The extent to which there is a correlation between the
program or project and a change in the policies or popular
attitudes towards the United States in the foreign country in
which the program or project is carried out.
SEC. 7. CONVERSION OF PRISON X-RAY SYSTEMS.
The Attorney General, in order to reduce the cost and improve the
efficacy of Federal prison health care, shall, to the extent
practicable and cost effective, convert by 2015 all X-ray systems in
Federal prisons from analog, film-based systems to digital, filmless
systems.
SEC. 8. PROHIBITION ON NON-COST EFFECTIVE MINTING AND PRINTING OF COINS
AND CURRENCY.
(a) Prohibition With Respect to Coins.--Section 5111 of title 31,
United States Code, is amended by adding at the end the following:
``(e) Prohibition on Certain Minting.--Notwithstanding any other
provision of this subchapter, the Secretary may not mint or issue any
coin that costs more to produce than the denomination of the coin
(including labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).''.
(b) Prohibition With Respect to Currency.--Section 5114(a) of title
31, United States Code, is amended by adding at the end the following:
``(4) Prohibition on certain printing.--Notwithstanding any
other provision of this subchapter, the Secretary may not
engrave or print any United States currency that costs more to
produce than the denomination of the currency (including labor,
materials, dies, use of machinery, overhead expenses,
marketing, and shipping).''.
SEC. 9. RESTRICTIONS ON PRINTING AND DISTRIBUTION OF PAPER COPIES OF
CONGRESSIONAL DOCUMENTS.
(a) Printing and Distribution of Documents by Public Printer.--
(1) Restrictions.--Chapter 7 of title 44, United States
Code, is amended by adding at the end the following new
section:
``Sec. 742. Restrictions on printing and distribution of paper copies
``(a) Mandatory Use of Electronic Format for Distribution of
Congressional Documents.--Notwithstanding any other provision of this
chapter, the Public Printer shall make any document of the House of
Representatives or Senate which is subject to any of the provisions of
this chapter available only in an electronic format which is accessible
through the Internet, and may not print or distribute a printed copy of
the document except as provided in subsection (b).
``(b) Permitting Printing and Distribution of Printed Copies Upon
Request.--Notwithstanding subsection (a), at the request of any person
to whom the Public Printer would have been required to provide a
printed copy of a document under this chapter had subsection (a) not
been in effect, the Public Printer may print and distribute a copy of a
document or report for the use of that person, except that--
``(1) the number of printed copies the Public Printer may
provide to the person may not exceed the number of printed
copies the Public Printer would have provided to the person had
subsection (a) not been in effect; and
``(2) the Public Printer may print and distribute copies to
the person only upon payment by the person of the costs of
printing and distributing the copies, except that this
paragraph shall not apply to an office of the House of
Representatives or Senate (including the office of a Member of
Congress).''.
(2) Clerical amendment.--The table of sections of chapter 7
of such title is amended by adding at the end following new
item:
``742. Restrictions on printing and distribution of paper copies.''.
(b) Provision of Documents in Electronic Format Deemed To Meet
Requirements of House and Senate Rules Regarding Distribution of
Printed Copies.--
(1) In general.--If any rule or regulation of the House of
Representatives or Senate requires a Member or committee to
provide printed copies of any document (including any bill or
resolution) for the use of the House or Senate or for the use
of any office of the House or Senate, the Member or committee
shall be considered to have met the requirement of the rule or
regulation if the Member or committee makes the document
available to the recipient in an electronic format.
(2) Exercise of rulemaking authority of senate and house.--
This subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
(c) Effective Date.--This section and the amendments made by this
section shall apply with respect to documents produced on or after
January 1, 2015. | Savings, Accountability, Value, and Efficiency II Act or SAVE II Act - Requires the Unmanned Aircraft Systems (UAS) Task Force to conduct an examination of the entire UAS portfolio of the Department of Defense (DOD), including UAS requirements, platforms, payloads, and ground control stations, to develop strategies for improved interoperability of existing systems. Directs the Secretary of Defense to: (1) identify areas in which commonality with other unmanned aircraft systems across the UAS portfolio will be achieved, (2) request a federally-funded research and development center to conduct an independent study on UAS interoperability and overlap issues, (3) report to Congress on the examination of the UAS portfolio and the UAS independent study, and (4) issue revised excess inventory management guidance and report to Congress on such guidance. Amends the Internal Revenue Code to provide for the denial, revocation, or limitation of a passport or passport card for individuals with a seriously delinquent tax debt in excess of $50,000. Prohibits the Secretary of State from issuing a passport to an individual with a seriously delinquent tax debt and requires the Secretary to revoke the passport of such an individual, with an exception for emergency circumstances or humanitarian reasons. Allows disclosure of tax return information to the Secretary for purposes of processing passports of individuals with a seriously delinquent tax debt. Directs the Secretary of Commerce to report on the merits and feasibility of converting from a retrospective antidumping and countervailing duty collection system to a prospective one, including an estimate of costs and cost savings resulting from such a conversion. Requires the Inspector General of the U.S. Agency for International Development (USAID) to report on the effectiveness of each USAID foreign assistance program and project. Directs the Attorney General to convert by 2015 all X-ray systems in federal prisons from analog, film-based systems to digital, filmless systems. Prohibits the Secretary of the Treasury from minting or issuing any coin, or engraving or printing any U.S. currency, that costs more to produce than the denomination of such coin or currency. Requires the Public Printer of the Government Printing Office (GPO) to make any document of the House of Representatives or Senate available only in an electronic format accessible through the Internet and prohibits the printing or distribution of a printed copy of any such document, with a limited exception for requests by any person for whom the Public Printer would have been required to provide a printed copy. | {"src": "billsum_train", "title": "SAVE II Act"} | 3,766 | 549 | 0.67923 | 2.701828 | 0.813296 | 4.119914 | 7.203426 | 0.929336 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Abduction Prevention Act of
2006''.
SEC. 2. FINDINGS.
Congress findings that--
(1) each year more than 203,000 children in the United
States (approximately 78 percent of all abducted children) are
abducted by a family member, usually a parent;
(2) more than half of the parents who abduct their children
have a history of alcohol or substance abuse, a criminal
record, or a history of violence;
(3) the most common motive for family abduction is revenge
against the other parent, not protecting the child's safety;
(4) children who are abducted by family members suffer
emotional, psychological, and often physical abuse at the hands
of their abductors;
(5) children who are victims of family abductions are
forced to leave behind family, friends, their homes, their
neighborhoods, their schools, and all that is familiar to them;
(6) children who are victims of family abductions are often
told that the parent who did not abduct the child has died,
does not love them, or will harm them;
(7) children who are abducted by their parents or other
family members are sometimes forced to live in fear of
discovery and may be compelled to conceal their true identity,
including their real names, family histories, and even their
gender;
(8) children who are victims of family abductions are often
denied the opportunity to attend school or to receive health
and dental care;
(9) child psychologists and law enforcement authorities now
classify family abduction as a form of child abuse;
(10) approximately 70 percent of local law enforcement
agencies do not have written guidelines for what to do in the
event of a family abduction or how to facilitate the recovery
of an abducted child;
(11) the first few hours of a family abduction are crucial
to recovering an abducted child, and valuable hours are lost
when law enforcement is not prepared to employ the most
effective techniques to locate and recover abducted children;
(12) when parents who may be inclined to abduct their own
children receive counseling and education on the harm suffered
by children under these circumstances, the incidence of family
abductions is greatly reduced; and
(13) where practiced, the flagging of school records has
proven to be an effective tool in assisting law enforcement
authorities find abducted children.
SEC. 3. DEFINITIONS.
In this Act:
(1) Family abduction.--The term ``family abduction'' means
the taking, keeping, or concealing of a child or children by a
parent, other family member, or person acting on behalf of the
parent or family member, that prevents another individual from
exercising lawful custody or visitation rights.
(2) Flagging.--The term ``flagging'' means the process of
notifying law enforcement authorities of the name and address
of any person requesting the school records of an abducted
child.
(3) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, any territory or
possession of the United States, and any Indian tribe.
SEC. 4. GRANTS TO STATES.
(a) Matching Grants.--The Attorney General shall make grants to
States for projects involving--
(1) the extradition of individuals suspected of committing
a family abduction;
(2) the investigation by State and local law enforcement
agencies of family abduction cases;
(3) the training of State and local law enforcement
agencies in responding to family abductions and recovering
abducted children, including the development of written
guidelines and technical assistance;
(4) outreach and media campaigns to educate parents on the
dangers of family abductions; and
(5) the flagging of school records.
(b) Matching Requirement.--Not less than 50 percent of the cost of
a project for which a grant is made under this section shall be
provided by non-Federal sources.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this Act, there are authorized to
be appropriated to the Attorney General $500,000 for fiscal year 2008,
and such sums as may be necessary for each of fiscal years 2009 and
2010.
Passed the Senate November 16, 2006.
Attest:
EMILY J. REYNOLDS,
Secretary. | Family Abduction Prevention Act of 2006 - Directs the Attorney General to make grants to states for projects involving: (1) the extradition of individuals suspected of committing a family abduction; (2) the investigation by state and local law enforcement agencies of family abduction cases; (3) the training of such law enforcement agencies in responding to family abductions and recovering abducted children; (4) outreach and media campaigns to educate parents on the dangers of family abductions; and (5) the flagging (i.e., notifying law enforcement authorities of the name and address of any person requesting the school records of an abducted child) of school records.
Defines "family abduction" as the taking, keeping, or concealing of a child by a parent or other family member to prevent another individual from exercising lawful custody or visitation rights.
Requires that not less than 50% of the cost of a project for which a grant is made under this Act be provided by non-federal sources.
Authorizes appropriations for FY2008-FY2010. | {"src": "billsum_train", "title": "A bill to authorize the Attorney General to make grants to improve the ability of State and local governments to prevent the abduction of children by family members, and for other purposes."} | 1,054 | 229 | 0.553734 | 1.587578 | 0.906775 | 6.15736 | 5.101523 | 0.939086 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Affordable Housing
Improvement Act of 1998''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. INCREASE IN STATE CEILING ON LOW-INCOME HOUSING CREDITS, ETC.
(a) In General.--Clause (i) of section 42(h)(3)(C) (relating to
State housing credit ceiling) is amended by striking ``$1.25'' and
inserting ``$1.75''.
(b) Adjustment of State Ceiling for Increases in Cost-of-Living.--
Paragraph (3) of section 42(h) (relating to housing credit dollar
amount for agencies) is amended by adding at the end the following new
subparagraph:
``(H) Cost-of-living adjustment.--
``(i) In general.--In the case of a
calendar year after 1999, the dollar amount
contained in subparagraph (C)(i) shall be
increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for such calendar year by
substituting `calendar year 1998' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any increase under
clause (i) is not a multiple of 5 cents, such
increase shall be rounded to the next lowest
multiple of 5 cents.''.
(c) Modification to Penalty for Agency Allocations in Excess of
Limit.--Subparagraph (B) of section 42(h)(7) is amended by striking all
that follows the comma and inserting ``the State housing credit ceiling
for the following calendar year shall be reduced by the amount of such
excess (twice the amount of such excess to the extent the Secretary
determines that the excess allocation was not inadvertent).''.
SEC. 3. MODIFICATION OF CRITERIA FOR ALLOCATING HOUSING CREDITS AMONG
PROJECTS.
(a) Selection Criteria.--Subparagraph (C) of section 42(m)(1)
(relating to certain selection criteria must be used) is amended--
(1) by inserting ``, including whether the project includes
the use of existing housing as part of a community
revitalization plan'' before the comma at the end of clause
(iii), and
(2) by striking ``and'' at the end of clause (vi), by
striking the period at the end of clause (vii) and inserting a
comma, and by adding at the end the following new clauses:
``(viii) tenant populations of individuals
with children, and
``(ix) projects intended for eventual
tenant ownership.''.
(b) Preference for Community Revitalization Projects Located in
Qualified Census Tracts.--Clause (ii) of section 42(m)(1)(B) is amended
by striking ``and'' at the end of subclause (I), by adding ``and'' at
the end of subclause (II), and by inserting after subclause (II) the
following new subclause:
``(III) projects which are located
in qualified census tracts (as defined
in subsection (d)(5)(C)) and the
development of which contributes to a
concerted community revitalization
plan,''.
SEC. 4. ADDITIONAL RESPONSIBILITIES OF HOUSING CREDIT AGENCIES.
(a) Market Study; Public Disclosure of Rationale for Not Following
Credit Allocation Priorities.--Subparagraph (A) of section 42(m)(1)
(relating to responsibilities of housing credit agencies) is amended by
striking ``and'' at the end of clause (i), by striking the period at
the end of clause (ii) and inserting a comma, and by adding at the end
the following new clauses:
``(iii) a comprehensive market study of the
housing needs of low-income individuals in the
area to be served by the building is conducted
before the credit allocation is made and at the
developer's expense by a disinterested party
who is approved by such agency, and
``(iv) a written explanation is available
to the general public for any allocation of a
housing credit dollar amount which is not made
in accordance with established priorities and
selection criteria of the housing credit
agency.''.
(b) Site Visits.--Clause (iii) of section 42(m)(1)(B) (relating to
qualified allocation plan) is amended by inserting before the period
``and in monitoring for noncompliance with habitability standards
through regular site visits''.
(c) Limitation on Fees Imposed by Housing Credit Agencies in
Connection With Credit Allocation.--Subsection (m) of section 42 is
amended by adding at the end the following new paragraph:
``(3) Limitation on amount of fees imposed by housing
credit agency in connection with credit allocation.--Fees
imposed by any housing credit agency in connection with
activities carried on by reason of this section may be assessed
and collected only in such manner as may reasonably be expected
to result in the collection of an aggregate amount which does
not exceed the aggregate costs of the agency in carrying on
such activities.''.
SEC. 5. MODIFICATIONS TO RULES RELATING TO BASIS OF BUILDING WHICH IS
ELIGIBLE FOR CREDIT.
(a) HOME Assistance Not To Disqualify Building for Additional
Credit Available to Buildings in High Cost Areas.--Clause (i) of
section 42(i)(2)(E) (relating to buildings receiving HOME assistance)
is amended by striking the last sentence.
(b) Adjusted Basis To Include Portion of Certain Buildings Used by
Low-Income Individuals Who Are Not Tenants and by Project Employees.--
Paragraph (4) of section 42(d) (relating to special rules relating to
determination of adjusted basis) is amended--
(1) by striking ``subparagraph (B)'' in subparagraph (A)
and inserting ``subparagraphs (B) and (C)'',
(2) by redesignating subparagraph (C) as subparagraph (D),
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Inclusion of basis of property used to
provide services for certain nontenants.--
``(i) In general.--The adjusted basis of
any building located in a qualified census
tract (as defined in paragraph (5)(C)) shall be
determined by taking into account the adjusted
basis of property (of a character subject to
the allowance for depreciation and not
otherwise taken into account) used throughout
the taxable year in providing any community
service facility.
``(ii) Limitations.--The increase in the
adjusted basis of any building which is taken
into account by reason of clause (i) shall not
exceed 20 percent of the eligible basis of the
building (determined without regard to this
subparagraph).
``(iii) Community service facility.--For
purposes of this subparagraph, the term
`community service facility' means any facility
if--
``(I) such facility is functionally
related and subordinate to the
qualified low-income project of which
the building is a part,
``(II) substantially all of the
services provided by the facility
during the taxable year are provided to
individuals whose income is 60 percent
or less of area median income (within
the meaning of subsection (g)(1)(B)),
and
``(III) the only services provided
by the facility other than to
individuals described in subclause (II)
are provided to employees of such
project.''.
SEC. 6. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this section, the
amendments made by this Act shall apply to--
(1) housing credit dollar amounts allocated after December
31, 1998, and
(2) buildings placed in service after such date to the
extent paragraph (1) of section 42(h) of the Internal Revenue
Code of 1986 does not apply to any building by reason of
paragraph (4) thereof, but only with respect to bonds issued
after such date.
(b) Increase in State Ceiling.--The amendment made by section 2(a)
shall apply to calendar years after 1998.
(c) Limitation on Agency Fees.--The amendment made by section 4(c)
shall apply to calendar years after 1998. | Affordable Housing Improvement Act of 1998 - Amends the Internal Revenue Code to increase, and link to the cost-of-living adjustment, the State low-income housing credit ceiling.
Modifies provisions concerning: (1) the criteria for allocating housing credits among projects; (2) the responsibilities of housing credit agencies; and (3) the basis of a credit-eligible building. | {"src": "billsum_train", "title": "Affordable Housing Improvement Act of 1998"} | 2,010 | 78 | 0.563813 | 1.267695 | 0.35835 | 2.684211 | 22.684211 | 0.921053 |
That this Act may be
cited as the ``Agricultural Commodity Export Expansion Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) agricultural commodity exports are essential to the
economic well-being of the United States farmers and ranchers
and related industries and to the entire United States economy;
(2) the United States exports the commodity production from
one-third of its harvested acreage, worth over $40,000,000,000
in exports, and one million Americans in the United States
labor force depend on agricultural commodity exports for their
jobs;
(3) the newly-formed Republics of the former Soviet Union
are struggling to put in place the institutions of democratic
government and free market economies and have great need to
import agricultural commodities and products to sustain that
effort and achieve any measure of success;
(4) the former Soviet Union has been the largest importer
of United States grain and the new Republics represent an
important market in the future for United States agricultural
commodities and products;
(5) the virtual cessation in recent months of United States
agricultural exports to the Republics of the former Soviet
Union has created an adverse impact on the markets for the
commodities held by United States agricultural producers and is
estimated to result in a $1,300,000,000 addition to the United
States deficit if not reversed;
(6) the abundant natural resources of the Republics of the
former Soviet Union and the capacity to produce revenues
through the development of those resources provide assurance of
their ability to repay direct loans and loan guarantees
extended by the United States for the export of agricultural
commodities and products within a reasonable time; and
(7) in addition to the authority to provide direct loans
and credit guarantees and in order to develop, maintain, and
expand foreign markets for United States agricultural products
under the Agricultural Trade Act of 1978, the Secretary of
Agriculture--
(A) has been provided the authority to institute a
program in which agricultural commodities and products
may be provided to importing countries through barter
in exchange for foreign products from such importing
countries;
(B) may initiate a variation of the Export
Enhancement Program, the Dairy Export Incentive
Program, and the Sunflower Oil Assistance Program that
allows sales to third-country buyers for commodities
destined to the Republics of the former Soviet Union
wherein such buyers are also third-country purchasers
of goods exported from the Republics of the former
Soviet Union and such buyers rely on compensatory forms
of trade such as barter, countertrade, offset
arrangements and escrow accounts to be eligible for
U.S. Department of Agriculture trade program bonuses;
and
(C) may initiate a program through which payment
for United States agricultural commodities can be made
by recipient countries based on the future sales of
their abundant natural resources.
SEC. 3. RESTRICTIONS FOR DIRECT LOANS.
Section 201(f) of the Agricultural Trade Act of 1978 (7 U.S.C.
5621(f)) is amended to read as follows--
``(f) Restrictions.--In determining whether to make export sales
financing authorized under this section available in connection with
sales of agricultural commodities, the Commodity Credit Corporation
shall take into account--
``(1) the credit needs of countries that are potential
purchasers of United States agricultural exports;
``(2) the long-term repayment ability of such countries;
and
``(3) whether the availability of Commodity Credit
Corporation financing will maintain or improve the competitive
position of the United States agricultural exports in world
markets.''.
SEC. 4. RESTRICTIONS FOR CREDIT GUARANTEES.
Section 202(f) of the Agricultural Trade Act of 1978 (7 U.S.C.
5622(f)) is amended to read as follows--
``(f) Restrictions.--In determining whether to make credit
guarantees available in connection with sales of agricultural
commodities under this section, the Commodity Credit Corporation shall
take into account--
``(1) the credit needs of countries that are potential
purchasers of United States agricultural exports;
``(2) the long-term repayment ability of such countries;
and
``(3) whether the availability of Commodity Credit
Corporation guarantees will maintain or improve the competitive
position of the United States agricultural exports in world
markets.''. | Agricultural Commodity Export Expansion Act of 1993 - Amends the Agricultural Trade Act of 1978 to revise restrictions for the agricultural export direct credit and credit guarantee programs. | {"src": "billsum_train", "title": "Agricultural Commodity Export Expansion Act of 1993"} | 898 | 41 | 0.483874 | 1.177385 | 0.468615 | 3.551724 | 29.896552 | 0.862069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Services in Public
Health Emergencies Act''.
SEC. 2. GRANTS TO STATES AND POLITICAL SUBDIVISIONS FOR MENTAL HEALTH
SERVICES IN RESPONSE TO PUBLIC HEALTH EMERGENCIES.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following:
``SEC. 520K. GRANTS TO STATES AND POLITICAL SUBDIVISIONS FOR MENTAL
HEALTH SERVICES IN RESPONSE TO PUBLIC HEALTH EMERGENCIES.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, may make grants to States and
political subdivisions of States for the purpose of providing the
mental health services described in subsection (b) in response to
public health emergencies, including diseases or disorders that present
such emergencies, natural disasters, major transportation accidents,
technological disasters, and disasters resulting from terrorism.
``(b) Services.--The mental health services referred to in
subsection (a) with respect to a public health emergency are the
following:
``(1) Crisis counseling in the aftermath of such emergency.
``(2) In the case of children, adolescents, and adults at
risk of developing mental health disorders as a result of such
emergency--
``(A) outreach and screening programs to identify
such individuals; and
``(B) early intervention services, including
counseling.
``(3) Mental health services beyond such crisis counseling
(referred to in this section as `extended therapeutic
services') that--
``(A) are provided to individuals with diagnosed
mental health disorders resulting from or exacerbated
by the emergency, including disaster survivors, family
members of victims, first responders, and others with
such disorders; and
``(B) are provided by mental health professionals
who are licensed or otherwise regulated by a State
agency.
``(4) Assessments of the need for extended therapeutic
services.
``(5) Case finding and other outreach services to inform
the public of the availability of crisis counseling and
extended therapeutic services.
``(c) Relation to Other Sources of Funding.--A condition for the
receipt of a grant under subsection (a) is that the applicant involved
agrees as follows:
``(1) With respect to activities for which the grant is
authorized to be expended, the applicant will maintain
expenditures of non-Federal amounts for such activities at a
level that is not less than the level of such expenditures
maintained by the applicant for the fiscal year preceding the
first fiscal year for which the applicant receives such a
grant.
``(2) The grant will not be expended to make payment for
the provision of extended therapeutic services for an
individual to the extent that payment has been made, or can
reasonably be expected to be made, for the services--
``(A) under a State compensation program, under an
insurance policy, or under a Federal or State health
benefits program; or
``(B) by an entity that provides health services on
a prepaid basis.
``(3) The grant will not be expended to make payment for
the provision of mental health services to the extent that such
services are available pursuant to responses to the public
health emergency involved by the Federal Emergency Management
Agency, or by other Federal or State agencies or programs that
provide for emergency medical services.
``(d) Statewide Mental Health Disaster Plan.--
``(1) In general.--For fiscal year 2008 and each subsequent
fiscal year, a condition for the receipt of a grant under
subsection (a) by a State or a political subdivision is that,
in accordance with criteria established by the Secretary, the
State has developed a statewide plan for the provision of
mental health services in response to public health
emergencies. The preceding sentence applies without regard to
whether the State receives a grant under section 520L.
``(2) Certain criteria of secretary.--The criteria of the
Secretary under paragraph (1) shall include criteria for
coordinating the program under this section with programs of
the Federal Emergency Management Agency and with other Federal
or State programs regarding the provision of emergency medical
services, including mental health services.
``(e) Administration of Grant Through State and Local Mental Health
Agencies.--A condition for the receipt of a grant under subsection (a)
is that the applicant involved agrees that the grant and activities
under the grant will be administered through the agency of the State or
political subdivision (as the case may be) that has the principal
responsibility for carrying out mental health programs.
``(f) Certain Requirements.--With respect to an application that,
pursuant to section 501(l), is submitted to the Secretary for a grant
under subsection (a), the Secretary may make the grant only if the
application contains--
``(1) a description of the purposes for which the applicant
intends to expend the grant;
``(2) an assurance that the activities to be carried out
under the grant are consistent with the State plan referred to
in subsection (d)(1), as applicable, together with a
description of the manner in which the grant activities will be
coordinated with the State plan;
``(3) an assurance that the applicant will coordinate
activities under the grant with other public or private
providers of mental health services, together with a
description of the manner in which the grant activities will be
so coordinated; and
``(4) in the case of an application from a political
subdivision, an assurance that the application was developed in
consultation with the State agency referred to in subsection
(e).
``(g) Duration of Grant.--The period during which payments are made
to an applicant from a grant under subsection (a) may not exceed three
years. The provision of such payments are subject to annual approval by
the Secretary of the payments and to the availability of appropriations
for the fiscal year involved to make the payments. This subsection may
not be construed as establishing a limitation on the number of grants
under such subsection that may be made to an applicant.
``(h) Technical Assistance.--The Secretary may, directly or through
grants or contracts, provide technical assistance to grantees under
subsection (a) in carrying out the purpose described in such
subsection.
``(i) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2008 through 2010.
``(2) Allocation.--Of the amounts appropriated under
paragraph (1) for a fiscal year, the Secretary may obligate not
more than 5 percent for the administrative expenses of the
Secretary in carrying out this section.''.
SEC. 3. GRANTS TO STATES FOR STATEWIDE MENTAL HEALTH DISASTER PLANS.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.), as amended by section 2, is amended by adding
at the end the following:
``SEC. 520L. GRANTS TO STATES FOR STATEWIDE MENTAL HEALTH DISASTER
PLANS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, may make grants to States for
the purpose of--
``(1) developing, and periodically reviewing and as
appropriate revising, statewide plans for providing mental
health services in response to public health emergencies;
``(2) training personnel to implement such plan
effectively; and
``(3) carrying out other activities determined appropriate
by the Secretary to prepare for the provision of mental health
services in response to such emergencies.
``(b) Certain Requirements.--A condition for the receipt of a grant
under subsection (a) is that the State involved agrees that the
statewide plan under such subsection will with respect to public health
emergencies include provisions for each of the following:
``(1) Providing mental health services relating to crisis
counseling, outreach and screening programs, early intervention
services, extended therapeutic services, needs assessments, and
case finding and other outreach services, taking into account
the need for increased capacity to provide services pursuant to
such emergencies.
``(2) As necessary, carrying out paragraph (1) with respect
to special populations such as children, the elderly,
individuals with disabilities, and individuals with pre-
existing mental health disorders.
``(3) Coordinating the provision of mental health services
with appropriate public and private providers of emergency
medical services and with Federal, State, and local programs
that provide funding for such services.
``(4) Coordinating with local educational agencies.
``(5) Providing information and education to the public
during public health emergencies.
``(6) Providing, at times other than public health
emergencies, information and education to the public regarding
the statewide plan.
``(7) Designation of the State official who will have the
principal responsibility for administering such plan, including
the initial implementation of the plan.
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $65,000,000
for each of the fiscal years 2008 through 2010.''.
SEC. 4. NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL ASSISTANCE
CENTER.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.), as amended by sections 2 and 3, is further
amended by adding at the end the following:
``SEC. 520M. NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL
ASSISTANCE CENTER.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, shall establish within such
center an administrative unit to be known as the National Mental Health
Crisis Response Technical Assistance Center (referred to in this
section as the `Technical Assistance Center').
``(b) Duties.--The purpose of the Technical Assistance Center is to
carry out, in accordance with policies of the Director of the Center
for Mental Health Services, the following functions:
``(1) Provide consultation and technical assistance to the
Director, and to State and local governmental providers of
mental health services, on developing and implementing plans
for providing appropriate mental health services in response to
public health emergencies, including statewide plans under
section 520K(d).
``(2) Provide technical expertise on planning,
preparedness, and response evaluation activities.
``(3) Develop policy guidelines on mental health concerns
related to crisis incidents and develop recommendations for
proposed regulations and legislative proposals.
``(4) Develop and conduct training events and conferences
on mental health needs of disaster victims and witnesses.
``(5) Serve as the principal clearinghouse operated by the
Secretary for the collection and dissemination of information
concerning the mental health aspects of public health
emergencies, including information on published documents,
information on technical assistance resources, and information
on relevant Internet sites.
``(6) Assist States in preparing for the behavioral health
consequences of terrorism.
``(7) Provide onsite technical expertise during public
health emergencies, when requested by a State.
``(c) Certain Authority.--The Technical Assistance Center may carry
out the functions under subsection (b) directly or through grant or
contract, subject to the approval of the Director of the Center for
Mental Health Services.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $6,000,000 for
each of the fiscal years 2008 through 2010.''.
SEC. 5. MENTAL HEALTH PROFESSIONALS TRAINING GRANTS.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.), as amended by sections 2, 3, and 4, is
further amended by adding at the end the following:
``SEC. 520N. MENTAL HEALTH PROFESSIONALS TRAINING GRANTS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, shall award grants to eligible
entities to enable such entities to provide for the training of mental
health professionals with respect to the treatment of individuals who
are victims of disasters.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a) an entity shall--
``(1) be a--
``(A) regional center of excellence; or
``(B) a mental health professional society; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Use of Funds.--An entity that receives a grant under this
section shall use amounts received under the grant to provide for the
training of mental health professionals to enable such professionals to
appropriately diagnose individuals who are the victims of disasters
with respect to their mental health and to provide for the proper
treatment of the mental health needs of such individuals.
``(d) Training Materials and Procedures.--The Director of the
Center for Mental Health Services, in consultation with the Director of
the National Institute of Mental Health, the National Center for Post-
Traumatic Stress Disorder, the International Society for Traumatic
Stress Studies, and the heads of other similar entities, shall develop
training materials and procedures to assist grantees under this
section.
``(e) Definition.--In this section, the term `mental health
professional' includes psychiatrists, psychologists, psychiatric
nurses, mental health counselors, marriage and family therapists,
social workers, pastoral counselors, school psychologists, licensed
professional counselors, school guidance counselors, and any other
individual practicing in a mental health profession that is licensed or
regulated by a State agency.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2008 through 2010.
``(g) Program Management.--In carrying out this section, the
Secretary may use amounts appropriated under subsection (f) for the
administration of the program under this section.''. | Mental Health Services in Public Health Emergencies Act - Amends the Public Health Service Act to allow the Secretary of Health and Human Services, acting through the Director of the Center for Mental Health Services, to make grants to: (1) states and political subdivisions to provide mental health services in response to public health emergencies; and (2) states to develop statewide plans for providing such services and to train personnel to implement such plan effectively.
Requires the Secretary, acting through the Director, to establish the National Mental Health Crisis Response Technical Assistance Center to: (1) provide consultation and technical assistance to the Director and state and local governments on developing and implementing plans for providing mental health services in response to public health emergencies; (2) develop policy guidelines on mental health concerns related to crisis incidents and develop recommendations for proposed regulations and legislative proposals; (3) develop and conduct training events and conferences on mental health needs of disaster victims and witnesses; (4) serve as the principal clearinghouse for information concerning the mental health aspects of public health emergencies; and (5) provide onsite technical expertise during public health emergencies.
Requires the Secretary, acting through the Director, to award grants for the training of health professionals with respect to the treatment of individuals who are victims of disaster. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish grant programs to provide funding for mental health services in response to public health emergencies, for statewide plans for providing such services in response to such emergencies, and for the training of mental health professional with respect to the treatment of victims of such emergencies, and to establish the National Mental Health Crisis Response Technical Assistance Center."} | 3,140 | 252 | 0.634154 | 1.57813 | 0.914313 | 4.907631 | 11.807229 | 0.971888 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Synthetics Trafficking and Overdose
Prevention Act of 2017'' or the ``STOP Act of 2017''.
SEC. 2. FORMAL ENTRY REQUIREMENTS--POSTAL SERVICE AS CONSIGNEE.
Subparagraph (B) of section 484(a)(2) of the Tariff Act of 1930 (19
U.S.C. 1484(a)(2)(B)) is amended to read as follows:
``(B)(i) When an entry of merchandise is made under this
section, the required documentation or information shall be
filed or electronically transmitted--
``(I) by the owner or purchaser of the merchandise;
or
``(II) when appropriately designated by the owner,
purchaser, or consignee of the merchandise, by a person
holding a valid license under section 641.
``(ii) The Postmaster General shall be deemed the consignee
for merchandise, as defined by section 498(c), imported through
the mail, and the Postmaster General shall, at the Postmaster
General's sole expense, designate a person holding a valid
license under section 641 to file the required documentation or
information or ensure that the owner or purchaser of the
merchandise or a person holding a valid license under section
641 that is designated by the owner or purchaser files the
required documentation or information.
``(iii) When a consignee declares on entry that he or she
is the owner or purchaser of merchandise, U.S. Customs and
Border Protection may, without liability, accept the
declaration.
``(iv) For the purposes of this Act, the importer of record
must be one of the parties who is eligible to file the
documentation or information required by this section.''.
SEC. 3. INFORMAL ENTRIES.
Section 498 of the Tariff Act of 1930 (19 U.S.C. 1498) is amended
by adding at the end the following:
``(c) Application to Postal Shipments.--
``(1) Definitions.--In this subsection:
``(A) Document.--The term `document' means a piece
of written, drawn, printed, or digital information,
excluding objects of merchandise, that--
``(i) is conveyed in an envelope that is
less than or equal to 165 millimeters in width,
245 millimeters in length, and 5 millimeters in
depth; and
``(ii) weighs 100 grams or less when
conveyed.
``(B) Merchandise.--The term `merchandise' has the
same meaning as that term is defined in section 401 but
does not include a document.
``(2) Requirement.--Notwithstanding any other provision of
law, for merchandise meeting the requirements of subsection
(a), the Postmaster General shall comply with the entry
requirements of section 484.
``(3) Regulations.--Any regulation issued pursuant to this
subsection shall apply identical entry procedures for
merchandise imported through the mail as are applied for
merchandise imported via a private carrier.''.
SEC. 4. DE MINIMIS SHIPMENTS.
Section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) is amended
by adding at the end the following:
``(c)(1) For imported articles that qualify for the administrative
exemption under subsection (a)(2) and that arrive at international mail
facilities in the United States, the Postmaster General shall be deemed
the consignee for such articles that are considered merchandise, as the
term is defined in section 498(c).
``(2) In addition to the parties that are authorized to comply with
the entry requirements of sections 498 and 484, the Postmaster General,
as a consignee, may, using reasonable care, enter such merchandise that
qualifies for the administrative exemption under subsection (a)(2).''.
SEC. 5. CUSTOMS FEES.
(a) In General.--Paragraph (6) of section 13031(a) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(a)(6)) is amended to read as follows:
``(6)(A) For the arrival of shipments of merchandise (as
the term is defined in section 498(c) of the Trade Act of 1930)
or any other item that is valued at $2,000 or less (or such
higher amount as the Secretary of the Treasury may set by
regulation pursuant to section 498 of the Tariff Act of 1930
(19 U.S.C. 1498) and subject to adjustment under subsection
(l)) arriving at an international mail facility:
``(i) $1 per individual airway bill or bill of
lading (subject to adjustment under subsection (l)); or
``(ii) if such merchandise is formally entered, the
fee provided for in paragraph (9), if applicable.
``(B) Notwithstanding section 451 of the Tariff Act of 1930
(19 U.S.C. 1451), the payment required by subparagraph (A)
shall be the only payment required for reimbursement of U.S.
Customs and Border Protection in connection with the processing
of an individual airway bill or bill of lading in accordance
with such subparagraph and for providing services at
international mail facilities, except that U.S. Customs and
Border Protection may require such facilities to cover expenses
of the agency for adequate office space, equipment,
furnishings, supplies, and security.
``(C) The payment required by subparagraphs (A) and (B)
shall be paid on a quarterly basis by the Postmaster General in
accordance with regulations prescribed by the Secretary of the
Treasury. The payments shall be allocated as follows:
``(i) 50 percent of the amount of payments received
in this paragraph shall, in accordance with section 524
of the Tariff Act of 1930 (19 U.S.C. 1524), be
deposited in the Customs User Fee Account and shall be
used to directly reimburse each appropriation for the
amount paid out of that appropriation for the costs
incurred in providing services to international mail
facilities. Amounts deposited in accordance with the
preceding sentence shall be available until expended
for the provision of customs services to international
mail facilities.
``(ii) Notwithstanding section 524 of the Tariff
Act of 1930 (19 U.S.C. 1524), 50 percent of the amount
of payments received under this paragraph shall be paid
to the Secretary of the Treasury, which is in lieu of
the payment of fees under paragraph (10).''.
(b) Technical Amendments.--Paragraph (10) of section 13031(a) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(a)(10)) is amended--
(1) by striking ``or'' in subparagraph (B);
(2) by striking the period at the end of subparagraph
(C)(iii) and inserting a comma and ``or'';
(3) by inserting after subparagraph (C)(iii) the following:
``(D) an international mail facility.''; and
(4) in the undesignated material at the end by striking the
period and inserting ``or referred to in subparagraph (D) see
paragraph (6).''.
SEC. 6. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR POSTAL SHIPMENTS.
Subparagraph (K) of section 343(a)(3) of the Trade Act of 2002
(Public Law 107-210; 19 U.S.C. 2071 note) is amended to read as
follows:
``(K) The Secretary shall require the Postmaster
General to transmit or to ensure the transmission of
the information required in paragraphs (1) and (2) to
U.S. Customs and Border Protection for all shipments by
the United States Postal Service which includes
shipments that the United States Postal Service
receives from foreign postal operators (shipments from
foreign postal operators may be transported by private
carriers). All regulations issued pursuant to this
provision are required to impose the same information
requirements on the United States Postal Service and
private carriers.''.
SEC. 7. MANIFEST PENALTIES APPLIED TO THE UNITED STATES POSTAL SERVICE.
(a) Penalties for Violations of the Arrival, Reporting, Entry, and
Clearance Requirements.--Section 436 of the Tariff Act of 1930 (19
U.S.C. 1436) is amended by adding at the end the following new
subsection:
``(e) Civil Penalties Arising From Violations for Postal
Shipments.--With respect to civil penalties provided for in subsections
(b) and (d) above, the Postmaster General shall be liable for the
penalty if the violation was caused by a foreign postal operator or the
United States Postal Service.''.
(b) Penalties for Falsity or Lack of Manifest.--Section 584 of the
Tariff Act of 1930 (19 U.S.C. 1584) is amended by adding at the end the
following new subsection:
``(c) Person Directly or Indirectly Responsible Shall Include the
Postmaster General.--For purposes of subsection (a), the Postmaster
General may be the person directly or indirectly responsible for a
discrepancy if the discrepancy is the result of--
``(1) an omission by a foreign postal operator or the
United States Postal Service; or
``(2) false information regarding the shipment that was
provided to the carrier by a foreign postal operator or the
United States Postal Service.''.
SEC. 8. LIMITATION ON INTERNATIONAL POSTAL ARRANGEMENTS.
(a) Existing Agreements.--
(1) In general.--In the event that any provision in this
Act is found to be in violation of obligations of the United
States under the Universal Postal Union, the Secretary of State
shall negotiate to amend the relevant provisions of the
agreement so that the United States is no longer in violation
of the agreement.
(2) Construction.--Nothing in this subsection may be
construed to require or permit any delay in the implementation
of this Act.
(b) Future Agreements.--The Secretary of State may not conclude any
international postal arrangement pursuant to the authority set out in
section 407 of title 39, United States Code, that is inconsistent with
this Act or any amendment made by this Act.
SEC. 9. APPLICATION OF OTHER CUSTOMS LAWS.
(a) In General.--U.S. Customs and Border Protection shall ensure
that all merchandise, as that term is defined in subsection (c) of
section 498 of the Tariff Act of 1930 (19 U.S.C. 1498), imported to the
United States through the mail shall be subject to the same import
procedures, legal restrictions, and certifications as merchandise
imported by private carriers.
(b) Regulations.--The Secretary of the Treasury shall issue
regulations pursuant to this Act to ensure that merchandise imported
through the mail is in accordance with Federal law.
SEC. 10. COST RECOUPMENT.
The Postmaster General shall ensure that all costs associated with
complying with this Act, as well as all penalties assessed against the
Postmaster General, are charged directly to foreign shippers, foreign
postal operators, or United States ultimate consignees.
SEC. 11. EFFECTIVE DATE; REGULATIONS.
(a) Effective Date.--This Act shall become effective upon the date
of the enactment of this Act.
(b) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall prescribe all regulations
required under this Act. | Synthetics Trafficking and Overdose Prevention Act of 2017 or the STOP Act of 2017 This bill amends the Tariff Act of 1930 to make the Postmaster General the consignee (i.e., the entity financially responsible for the receipt of a shipment) for merchandise, excluding documents, imported through the mail into the United States. The Postmaster General must designate licensed customs brokers to file required documents or information for such shipments. The bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to impose a customs user fee on postal shipments or any other item valued at $2,000 or less arriving at an international mail facility. The bill amends the Trade Act of 2002 to direct the Department of the Treasury to require the Postmaster General to provide for the advanced electronic transmission to the U.S. Customs and Border Protection of certain information for all postal shipments made by the U.S. Postal Service (USPS), including postal shipments it receives from foreign postal operators. The Postmaster General: shall be liable for civil penalties for postal shipment violations committed by a foreign postal operator or the USPS; may be directly or indirectly responsible for discrepancies resulting from omissions made or false information provided by a foreign postal operator or the USPS; and shall ensure that all costs and penalties associated with complying with this bill are recouped from foreign shippers, foreign postal operators, or U.S. ultimate consignees. | {"src": "billsum_train", "title": "Synthetics Trafficking and Overdose Prevention Act of 2017"} | 2,614 | 318 | 0.537672 | 1.697107 | 0.767343 | 2.913725 | 8.788235 | 0.882353 |
SECTION 1. PERIODIC PENSION BENEFITS STATEMENTS.
(a) In General.--Section 105(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1025(a)) is amended by striking ``shall
furnish'' and all that follows through the period and inserting
``shall--
``(1) in the case of a plan other than a defined benefit
plan, furnish to each plan participant at least once each year,
and, in the case of any plan, furnish to a plan participant or
beneficiary upon their written request, a statement in written
or electronic form indicating, on the basis of the latest
available information--
``(A) the total benefits accrued, and
``(B) the nonforfeitable pension benefits, if any,
which have accrued, or the earliest date on which
benefits will become nonforfeitable, and
``(2) in the case of a defined benefit plan, furnish to
each plan participant at least once every 3 years, a statement
in written or electronic form indicating the plan's approximate
benefit levels at various levels of pay and service, including
information as to whether such benefit levels are affected by
breaks in service, family leave, or otherwise.''.
(b) Rule for Multiemployer Plans.--Section 105(d) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1025(d)) is amended
to read as follows:
``(d) Notwithstanding subsection (a), in the case of a plan to
which more than 1 unaffiliated employer is required to contribute and
to which subsection (a)(1) applies, a statement described in subsection
(a)(1) shall be required upon the written request of a participant or
beneficiary.''.
(c) Penalty for Failure To Disclose.--Section 502(c)(1)(A) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1132(c)(1)(A)) is amended by striking ``or section 101(e)(1)'' and
inserting ``, section 101(e)(1), or section 105(a)''.
(d) Conforming Amendments.--
(1) Section 101(a)(2) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1021(a)(2)) is amended by
striking ``105(a) and (c)'' and inserting ``105(a), (c), and
(d)''.
(2) Section 106(b) of such Act (29 U.S.C. 1026(b)) is
amended by striking ``and 105(c)'' and inserting ``, 105(c),
and 105(d)''.
(e) Effective Date.--The amendments made by this section shall
apply to plan years beginning after the earlier of--
(1) the date of issuance by the Secretary of Labor of
regulations--
(A) providing guidance for simplifying defined
benefit plan calculations with respect to the
information required under section 105 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1025), and
(B) requiring that the statements required under
the amendments made by this section are written in a
form calculated to be understood by an average plan
participant and specifying model language for such
statements, or
(2) December 31, 1998.
SEC. 2. DISCLOSURE OF BENEFIT CALCULATIONS.
(a) In General.--Section 105 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1025) is amended by adding at the end
the following:
``(e)(1) In the case of a participant or beneficiary who is
entitled to a distribution of a benefit under an employee pension
benefit plan, the administrator of such plan shall provide to the
participant or beneficiary the information described in paragraph (2)
upon the written request of the participant or beneficiary.
``(2) The information described in this paragraph includes--
``(A) a worksheet explaining how the amount of the
distribution was calculated and stating the assumptions used
for such calculation,
``(B) upon written request of the participant or
beneficiary, any documents relating to the calculation (if
available), and
``(C) such other information as the Secretary may
prescribe.
Any information provided under this paragraph shall be in a form
calculated to be understood by the average plan participant.''.
(b) Conforming Amendments.--
(1) Section 101(a)(2) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1021(a)(2)), as amended by
section 1(d)(1), is amended by striking ``105(a), (c), and
(d)'' and inserting ``105(a), (c), (d), and (e)''.
(2) Section 106(b) of such Act (29 U.S.C. 1026(b)), as
amended by section 1(d)(2), is amended by striking ``and
105(d)'' and inserting ``105(d), and 105(e)''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of enactment of this Act.
SEC. 3. DISCRETIONARY SECRETARIAL IMPOSITION OF PENALTIES FOR FAILURE
TO DISCLOSE TO PARTICIPANTS AND BENEFICIARIES.
(a) In General.--Section 501(c) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132(c)) is amended by adding at the
end the following:
``(7) The Secretary may assess a civil penalty of not more than
$100 a day for each violation by any administrator of section 104(b) or
105. For purposes of this paragraph, each violation with respect to any
single participant or beneficiary shall be treated as a separate
violation.''.
(b) Effective Date.--The amendment made by this section shall apply
to violations occurring after the date of enactment of this Act.
SEC. 4. CLARIFICATION OF DEFINITION OF PARTICIPANT.
Section 3(7) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1002(7)) is amended by striking ``who is or may become'' and
inserting ``who was, is, or may become''.
SEC. 5. REVIEW OF DENIAL OF BENEFIT CLAIMS.
(a) Model Alternative Dispute Resolution Procedure.--Section 503
(29 U.S.C. 1133) is amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 503.'';
and
(2) by adding at the end the following:
``(b) Model Alternative Dispute Resolution Procedures.--
``(1) In general.--The Secretary shall establish a model
alternative dispute resolution procedure to be adopted by any
plan at its discretion for appeals of plan benefits claims
denials to which subsection (a) applies.
``(2) Experts and fees.--The Secretary--
``(A) shall maintain a roster of employee benefit
experts who may be called upon to serve as neutral
experts in the procedure under paragraph (1), and
``(B) may assess fees as necessary from each party
to cover the costs of experts called.
The Secretary may reduce or waive a fee under subparagraph (B)
on the basis of inability to pay.
``(3) Notice.--The Secretary shall--
``(A) notify individuals of the procedure
established under paragraph (1) or other sources of
assistance in resolving benefits claim disputes, and
``(B) provide model information with respect to the
procedure to be included in all summary plan
descriptions and benefit determinations.''
(b) Effective Date.--The amendments made by this section shall
apply to claims made after the date of enactment of this Act. | Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require furnishing of pension benefits statements: (1) annually by plans other than defined benefit plans; (2) triennially by defined benefit plans; and (3) upon written request by any plan.
Requires a plan administrator to disclose certain information relating to calculation of pension benefits upon the request of any participant or beneficiary entitled to a benefit distribution under an employee pension benefit plan.
Authorizes the Secretary of Labor to assess civil penalties for plan administrators' failures to disclose certain information to participants and beneficiaries.
Directs the Secretary to: (1) establish a model alternative dispute resolution procedure to be adopted by any plan at its discretion for appeals of plan benefits claims denials to which certain ERISA provisions apply; and (2) maintain a roster of employee benefit experts who may be called upon to serve as neutral experts in such procedure. Authorizes the Secretary to: (1) assess fees to cover the costs of experts called; and (2) reduce or waive such a fee on the basis of inability to pay. | {"src": "billsum_train", "title": "A bill to provide employees with more access to information concerning their pension plans and with additional mechanisms to enforce their rights under such plans."} | 1,795 | 223 | 0.480407 | 1.323264 | 0.771513 | 3.665116 | 7.060465 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Traumatic Brain Injury
Research and Treatment Improvement Act of 2014''.
SEC. 2. FINDINGS.
(a) Findings.--The Congress finds as follows:
(1) State data and monitoring systems provide reliable data
on injury causes and risk factors, identify trends in the
incidence of traumatic brain injury, enable the development of
cause-specific prevention strategies focused on populations at
greatest risk, and monitor the effectiveness of such
strategies.
(2) Since 1995, when the Centers for Disease Control and
Prevention published Guidelines for Surveillance of Central
Nervous System Injury, additional causes of traumatic brain
injury have emerged: military-related traumatic brain injuries;
sports-related concussions; traffic injuries resulting from
texting while driving; and increasing numbers of falls-related
traumatic brain injuries among older adults.
(3) In their 2013 report, Sports-Related Concussions in
Youth: Improving the Science, Changing the Culture, the
Institute on Medicine and the National Research Council noted
that there is currently a lack of data to accurately estimate
the incidence of sports-related concussions across a variety of
sports and for youth across the pediatric age spectrum. The
report recommended that the Centers for Disease Control and
Prevention establish and oversee a national surveillance system
to accurately determine the incidence of sports-related
concussions, including those in youth ages 5 to 21, taking into
account Federal efforts to collect information on traumatic
brain injury.
(4) Traumatic brain injury is a substantial public health
problem among older persons. As the population of older persons
continues to grow in the United States, the need to design and
implement proven and cost-effective prevention measures that
focus on the leading causes of traumatic brain injury becomes
more urgent.
(5) In order to implement this Act, the Centers for Disease
Control and Prevention needs to collaborate with Federal
agencies reporting military-related traumatic brain injuries,
school systems reporting traumatic brain injuries, Medicaid and
other Federal programs, and State agencies.
SEC. 3. ESTABLISHING REQUIREMENTS TO IMPROVE THE RESEARCH AND TREATMENT
OF TRAUMATIC BRAIN INJURY.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall--
(1) evaluate existing surveillance and data collections
systems that track the incidence and circumstances of traumatic
brain injury, including concussion;
(2) not later than 9 months after the date of enactment of
this Act, submit a report to the Congress outlining the
findings of the evaluation under paragraph (1); and
(3) establish a statistically sound, scientifically
credible, integrated surveillance system regarding traumatic
brain injury, to be known as the ``National Traumatic Brain
Injury Surveillance System''.
(b) Research.--The Secretary shall ensure that the National
Traumatic Brain Injury Surveillance System is designed in a manner that
facilitates further research on brain injury.
(c) Content.--In carrying out subsection (a), the Secretary--
(1) shall provide for the collection and storage of
information (excluding personally identifiable information) on
the incidence and prevalence of traumatic brain injury,
including concussion, in the United States across the lifespan;
(2) to the extent practicable, shall provide for the
collection and storage of other available information
(excluding personally identifiable information) on traumatic
brain injury, such as information concerning demographics and
other information associated with the incidence of a traumatic
brain injury, such as--
(A) age;
(B) race and ethnicity;
(C) sex;
(D) geographic location;
(E) history of head injury (including injury type
and the approximate date of injury);
(F) pre-existing conditions, such as learning
disabilities and attention deficit hyperactivity
disorder; and
(G) co-occurring issues, such as substance abuse or
post-traumatic stress disorder;
(3) to the extent practicable, shall provide for the
collection and storage of information relevant to analysis on
traumatic brain injury, such as information concerning--
(A) impact location on the body and nature of the
impact;
(B) qualifications of personnel making the
traumatic brain injury diagnosis;
(C) assessment tool used to make the diagnosis;
(D) signs and symptoms consistent with a head
injury;
(E) sport or activity and the level of competition
(if a sports-related activity);
(F) use of protective equipment and impact
monitoring devices; and
(G) severity of the traumatic brain injury; and
(4) may address issues identified during the consultation
process under subsection (d).
(d) Consultation.--In carrying out this section, the Secretary
shall consult with individuals with appropriate expertise, including--
(1) epidemiologists with experience in disease surveillance
or registries;
(2) representatives of national health associations that--
(A) focus on brain injury; and
(B) have demonstrated experience in research, care,
or patient services;
(3) State public health agencies;
(4) health information technology experts or other
information management specialists;
(5) clinicians with expertise in brain injury;
(6) research scientists with experience conducting brain
research or utilizing surveillance systems for scientific
research purposes;
(7) medical facilities of the Department of Veterans
Affairs; and
(8) behavioral health centers.
(e) Grants.--The Secretary may award grants to, or enter into
contracts or cooperative agreements with, public or private nonprofit
entities to carry out activities under this section.
(f) Coordination With Other Federal Agencies.--Subject to
subsection (h), the Secretary shall make information and analysis in
the National Traumatic Brain Injury Surveillance System available, as
appropriate, to Federal departments and agencies, such as the National
Institutes of Health, the Health Resources and Services Administration,
the Food and Drug Administration, the Centers for Medicare & Medicaid
Services, the Agency for Healthcare Research and Quality, the
Department of Education, the Department of Veterans Affairs, and the
Department of Defense.
(g) Public Access.--Subject to subsection (h), the Secretary shall
make information and analysis in the National Traumatic Brain Injury
Surveillance System available, as appropriate, to the public, including
researchers.
(h) Privacy.--The Secretary shall ensure that privacy and security
protections applicable to the National Traumatic Brain Injury
Surveillance System are at least as stringent as the privacy and
security protections under HIPAA privacy and security law, including
nondisclosure of personally identifiable information.
(i) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit a report to the Congress
concerning the implementation of this section. Such report shall
include information on--
(1) the development and maintenance of the National
Traumatic Brain Injury Surveillance System;
(2) the type of information collected and stored in the
System;
(3) the use and availability of such information, including
guidelines for such use; and
(4) the use and coordination of databases that collect or
maintain information on traumatic brain injury.
(j) Definition.--In this Act:
(1) National health association.--The term ``national
health association'' means a national nonprofit organization
with chapters, other affiliated organizations, or networks in
States throughout the United States.
(2) HIPAA privacy and security law.--The term ``HIPAA
privacy and security law'' has the meaning given to that term
in section 3009 of the Public Health Service Act (42 U.S.C.
300jj-19).
(3) Personally identifiable information.--The term
``personally identifiable information'' means information which
can be used to distinguish or trace an individual's identity
(such as their name, social security number, or biometric
records) either alone or when combined with other personal or
identifying information which is linked or linkable to a
specific individual (such as date of birth, place of birth, and
mother's maiden name).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) Surveillance.--The term ``surveillance'' means the
ongoing, systematic collection, analysis, interpretation, and
dissemination of data (other than personally identifiable
information) regarding a health-related event for use in public
health action to reduce morbidity and mortality and to improve
health.
(6) Traumatic brain injury.--The term ``traumatic brain
injury'' means an injury to the head arising from blunt or
penetrating trauma or from acceleration or deceleration forces
associated with one or more of the following: decreased level
of consciousness, amnesia, objective neurologic or
neuropsychological abnormalities, skull fractures, diagnosed
intracranial lesions, or head injury listed as a cause of death
in the death certificate.
(k) Authorization of Appropriations.--To carry out this Act, there
are authorized to be appropriated such sums as may be necessary. | National Traumatic Brain Injury Research and Treatment Improvement Act of 2014 - Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) evaluate existing surveillance and data collections systems that track the incidence and circumstances of traumatic brain injury, including concussion; (2) establish a statistically sound, scientifically credible, and integrated National Traumatic Brain Injury Surveillance System; and (3) ensure that the System is designed in a manner that facilitates further research on brain injury. Authorizes the Director to award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this Act. Requires the Director to: (1) make information and analysis in the System available to the public, including researchers, and to other federal agencies, including the National Institutes of Health (NIH), the Health Resources and Services Administration, the Food and Drug Administration (FDA), the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, and the Departments of Education, Veterans Affairs (VA), and Defense (DOD); and (2) ensure that privacy and security protections applicable to the System are at least as stringent as those under the Health Insurance Portability and Accountability Act (HIPAA). | {"src": "billsum_train", "title": "National Traumatic Brain Injury Research and Treatment Improvement Act of 2014"} | 1,909 | 270 | 0.601767 | 1.788019 | 0.824625 | 4.783133 | 7.329317 | 0.943775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ghost Army Congressional Gold Medal
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The 23rd Headquarters Special Troops (the ``Ghost
Army'') was a top-secret unit of the United States Army that
served in the European Theater of Operations during World War
II.
(2) The unit was actively engaged in battlefield operations
from June of 1944 through March of 1945.
(3) The deceptive activities of the Ghost Army were
essential to several Allied victories across Europe and are
estimated to have saved thousands of lives.
(4) In evaluating the performance of the Ghost Army after
the War, a U.S. Army analysis found that ``Rarely, if ever, has
there been a group of such a few men which had so great an
influence on the outcome of a major military campaign.''.
(5) Many Ghost Army soldiers were specially selected for
their mission, and were recruited from art schools, advertising
agencies, communications companies, and other creative and
technical professions.
(6) The first four members of the Ghost Army landed on D-
Day and two became casualties while camouflaging early beach
installations.
(7) The Ghost Army's secret deception operations commenced
in France on June 14, 1944, when Task Force Mason landed at
Omaha Beach to draw enemy fire and protect the 980th Artillery
for 28 days.
(8) Task Force Mason was a prelude to 21 full-scale
tactical deceptions completed by the Ghost Army.
(9) Often operating on or near the front lines, the Ghost
Army used inflatable tanks, artillery, airplanes and other
vehicles, advanced engineered soundtracks, and skillfully
crafted radio trickery to create the illusion of sizable
American forces where there were none and to draw the enemy
away from Allied troops.
(10) Ghost Army soldiers impersonated other, larger Army
units by sewing counterfeit patches onto their uniforms,
painting false markings on their vehicles, and creating phony
headquarters staffed by fake generals, all in an effort to feed
false information to Axis spies.
(11) During the Battle of the Bulge, the Ghost Army created
counterfeit radio traffic to mask the efforts of General George
Patton's Third Army as it mobilized to break through to the
101st Airborne and elements of 10th Armored Division in the
besieged Belgian town of Bastogne.
(12) In its final mission, Operation Viersen, the Ghost
Army deployed a tactical deception that drew German units down
the Rhine River and away from the 9th Army, allowing the 9th
Army to cross the Rhine into Germany. On this mission, the
1,100 men of the Ghost Army, with the assistance of other
units, impersonated forty thousand men, or two complete
divisions of American forces, by using fabricated radio
networks, soundtracks of construction work and artillery fire,
and more than 600 inflatable vehicles.
(13) Three Ghost Army soldiers gave their lives and dozens
were injured in carrying out their mission.
(14) The activities of the Ghost Army remained classified
for more than forty years after the war and the extraordinary
accomplishments of this unit are deserving of belated
recognition.
(15) The United States will be eternally grateful to the
Ghost Army for their proficient use of innovative tactics
throughout World War II, which saved thousands of lives and
were instrumental in the defeat of Nazi Germany.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a gold medal
of appropriate design to the 23rd Headquarters Special Troops, known as
the ``Ghost Army'', collectively, in recognition of its unique and
incredible 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 medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of the Ghost Army, the gold medal shall be given to the
Smithsonian Institution, where it will be available for display
as appropriate and available for research.
(2) Sense of congress.--It is the sense of the Congress
that the Smithsonian Institution should make the gold medal
awarded pursuant to this Act available for display elsewhere,
particularly at appropriate locations associated with the Ghost
Army, and that preference should be given to locations
affiliated with the Smithsonian Institution.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3, at a price sufficient to cover the costs
of the medal, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for purposes
of chapter 51 of title 31, United States Code. | Ghost Army Congressional Gold Medal Act The Speaker of the House of Representatives and the President pro tempore of the Senate shall award a Congressional Gold Medal to the 23rd Headquarters Special Troops, known collectively as the "Ghost Army," in recognition of its service during World War II. It is the sense of the Congress that the Smithsonian Institution should make the medal available for display elsewhere, particularly at appropriate locations associated with the Ghost Army, and that preference should be given to locations affiliated with the Smithsonian. | {"src": "billsum_train", "title": "Ghost Army Congressional Gold Medal Act"} | 1,145 | 119 | 0.431572 | 1.33775 | 0.521377 | 5.927083 | 11.041667 | 0.947917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lackawanna Valley National Heritage
Area Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the industrial and cultural heritage of northeastern
Pennsylvania, including Lackawanna County, Luzerne County,
Wayne County, and Susquehanna County, related directly to
anthracite and anthracite-related industries, is nationally
significant;
(2) the industries referred to in paragraph (1) include
anthracite mining, ironmaking, textiles, and rail
transportation;
(3) the industrial and cultural heritage of the anthracite
and anthracite-related industries in the region described in
paragraph (1) includes the social history and living cultural
traditions of the people of the region;
(4) the labor movement of the region played a significant
role in the development of the Nation, including--
(A) the formation of many major unions such as the
United Mine Workers of America; and
(B) crucial struggles to improve wages and working
conditions, such as the 1900 and 1902 anthracite
strikes;
(5)(A) the Secretary of the Interior is responsible for
protecting the historical and cultural resources of the United
States; and
(B) there are significant examples of those resources
within the region described in paragraph (1) that merit the
involvement of the Federal Government to develop, in
cooperation with the Lackawanna Heritage Valley Authority, the
Commonwealth of Pennsylvania, and local and governmental
entities, programs and projects to conserve, protect, and
interpret this heritage adequately for future generations,
while providing opportunities for education and revitalization;
and
(6) the Lackawanna Heritage Valley Authority would be an
appropriate management entity for a Heritage Area established
in the region described in paragraph (1).
(b) Purposes.--The purposes of the Lackawanna Valley National
Heritage Area and this Act are--
(1) to foster a close working relationship among all levels
of government, the private sector, and the local communities in
the anthracite coal region of northeastern Pennsylvania and
enable the communities to conserve their heritage while
continuing to pursue economic opportunities; and
(2) to conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the 4-county region
described in subsection (a)(1).
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Lackawanna Valley National Heritage Area established by section
4.
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area specified in
section 4(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 6(b).
(4) Partner.--The term ``partner'' means--
(A) a Federal, State, or local governmental entity;
and
(B) an organization, private industry, or
individual involved in promoting the conservation and
preservation of the cultural and natural resources of
the Heritage Area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA.
(a) Establishment.--There is established the Lackawanna Valley
National Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of all or
parts of Lackawanna County, Luzerne County, Wayne County, and
Susquehanna County, Pennsylvania, determined in accordance with the
compact under section 5.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Lackawanna Heritage Valley Authority.
SEC. 5. COMPACT.
(a) In General.--To carry out this Act, the Secretary shall enter
into a compact with the management entity.
(b) Contents of Compact.--The compact shall include information
relating to the objectives and management of the area, including--
(1) a delineation of the boundaries of the Heritage Area;
and
(2) a discussion of the goals and objectives of the
Heritage Area, including an explanation of the proposed
approach to conservation and interpretation and a general
outline of the protection measures committed to by the
partners.
SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT
ENTITY.
(a) Authorities of Management Entity.--The management entity may,
for the purposes of preparing and implementing the management plan, use
funds made available under this Act to hire and compensate staff.
(b) Management Plan.--
(1) In general.--The management entity shall develop a
management plan for the Heritage Area that presents
comprehensive recommendations for the conservation, funding,
management, and development of the Heritage Area.
(2) Consideration of other plans and actions.--The
management plan shall--
(A) take into consideration State, county, and
local plans;
(B) involve residents, public agencies, and private
organizations working in the Heritage Area; and
(C) include actions to be undertaken by units of
government and private organizations to protect the
resources of the Heritage Area.
(3) Specification of funding sources.--The management plan
shall specify the existing and potential sources of funding
available to protect, manage, and develop the Heritage Area.
(4) Other required elements.--The management plan shall
include the following:
(A) An inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that is related to the purposes of the
Heritage Area and that should be preserved, restored,
managed, developed, or maintained because of its
historical, cultural, natural, recreational, or scenic
significance.
(B) A recommendation of policies for resource
management that considers and details application of
appropriate land and water management techniques,
including the development of intergovernmental
cooperative agreements to protect the historical,
cultural, natural, and recreational resources of the
Heritage Area in a manner that is consistent with the
support of appropriate and compatible economic
viability.
(C) A program for implementation of the management
plan by the management entity, including--
(i) plans for restoration and construction;
and
(ii) specific commitments of the partners
for the first 5 years of operation.
(D) An analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act.
(E) An interpretation plan for the Heritage Area.
(5) Submission to secretary for approval.--
(A) In general.--Not later than the last day of the
3-year period beginning on the date of enactment of
this Act, the management entity shall submit the
management plan to the Secretary for approval.
(B) Effect of failure to submit.--If a management
plan is not submitted to the Secretary by the day
referred to in subparagraph (A), the Secretary shall
not, after that day, provide any grant or other
assistance under this Act with respect to the Heritage
Area until a management plan for the Heritage Area is
submitted to the Secretary.
(c) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions specified in the
compact and management plan, including steps to assist units of
government and nonprofit organizations in preserving the
Heritage Area;
(2) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the historical, natural, and architectural
resources and sites in the Heritage Area; and
(D) restoring historic buildings that relate to the
purposes of the Heritage Area;
(3) encourage economic viability in the Heritage Area
consistent with the goals of the management plan;
(4) encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and the
goals of the management plan;
(5) assist units of government and nonprofit organizations
to ensure that clear, consistent, and environmentally
appropriate signs identifying access points and sites of
interest are placed throughout the Heritage Area;
(6) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(7) conduct public meetings not less often than quarterly
concerning the implementation of the management plan;
(8) submit substantial amendments (including any increase
of more than 20 percent in the cost estimates for
implementation) to the management plan to the Secretary for the
Secretary's approval; and
(9) for each year in which Federal funds have been received
under this Act--
(A) submit a report to the Secretary that
specifies--
(i) the accomplishments of the management
entity; and
(ii) the expenses and income of the
management entity;
(B) make available to the Secretary for audit all
records relating to the expenditure of such funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of such funds.
(d) Use of Federal Funds.--
(1) Funds made available under this act.--The management
entity shall not use Federal funds received under this Act to
acquire real property or any interest in real property.
(2) Funds from other sources.--Nothing in this Act
precludes the management entity from using Federal funds
obtained through law other than this Act for any purpose for
which the funds are authorized to be used.
SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) Provision of assistance.--The Secretary may, at the
request of the management entity, provide technical and
financial assistance to the management entity to develop and
implement the management plan.
(2) Priority in assistance.--In assisting the management
entity, the Secretary shall give priority to actions that
assist in--
(A) conserving the significant historical,
cultural, and natural resources that support the
purpose of the Heritage Area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the
resources and associated values of the Heritage Area.
(b) Approval and Disapproval of Management Plans.--
(1) In general.--The Secretary, in consultation with the
Governor of the Commonwealth of Pennsylvania, shall approve or
disapprove a management plan submitted under this Act not later
than 90 days after receipt of the management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a
management plan, the Secretary shall advise the
management entity in writing of the reasons for the
disapproval and shall make recommendations for
revisions to the management plan.
(B) Deadline for approval of revision.--The
Secretary shall approve or disapprove a proposed
revision within 90 days after the date on which the
revision is submitted to the Secretary.
(c) Approval of Amendments.--
(1) Review.--The Secretary shall review substantial
amendments (as determined under section 6(c)(8)) to the
management plan for the Heritage Area.
(2) Requirement of approval.--Funds made available under
this Act shall not be expended to implement the amendments
described in paragraph (1) until the Secretary approves the
amendments.
SEC. 8. SUNSET PROVISION.
The Secretary shall not provide any grant or other assistance under
this Act after September 30, 2012.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, except that not more than $1,000,000 may be
appropriated to carry out this Act for any fiscal year.
(b) 50 Percent Match.--The Federal share of the cost of activities
carried out using any assistance or grant under this Act shall not
exceed 50 percent.
Passed the Senate November 19, 1999.
Attest:
Secretary.
106th CONGRESS
1st Session
S. 905
_______________________________________________________________________
AN ACT
To establish the Lackawanna Valley National Heritage Area and for other
purposes. | Directs the Secretary of the Interior to enter into a management compact with the Authority to determine Area goals and objectives.
Directs the Authority to develop an Area management plan that presents comprehensive recommendations for the Area's conservation, funding, management, and development. Requires the plan to be submitted to the Secretary for approval within three years after the enactment of this Act. Outlines related management duties. Prohibits the Authority from using Federal funds to acquire real property under this Act. Provides for: (1) technical and financial assistance from the Secretary to the Authority to develop and implement the plan; and (2) approval or disapproval of management plans.
Authorizes appropriations. Limits Federal funding for the Area to 50 percent of total costs. | {"src": "billsum_train", "title": "An act to establish the Lackawanna Valley National Heritage Area and for other purposes."} | 2,598 | 158 | 0.392853 | 1.075116 | 0.742782 | 2.148936 | 17.978723 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TRICARE Protection Act''.
SEC. 2. FUTURE AVAILABILITY OF TRICARE PRIME THROUGHOUT THE UNITED
STATES.
(a) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth the policy
of the Department of Defense on the future availability of
TRICARE Prime under the TRICARE program for eligible
beneficiaries in all TRICARE regions throughout the United
States.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description, by region, of the difference in
availability of TRICARE Prime for eligible
beneficiaries (other than eligible beneficiaries on
active duty in the Armed Forces) under newly awarded
TRICARE managed care contracts, including, in
particular, an identification of the regions or areas
in which TRICARE Prime will no longer be available for
such beneficiaries under such contracts.
(B) In accordance with paragraph (3), a plan to
ensure that an affected eligible beneficiary identified
under subsection (b) retains access to a primary care
provider that meets the TRICARE access standards.
(C) An estimate of the increased costs to be
incurred by an affected eligible beneficiary for health
care under the TRICARE program.
(D) An estimate of the savings to be achieved by
the Department as a result of the contracts described
in subparagraph (A).
(E) A description of the plans of the Department to
continue to assess the impact on access to health care
for affected eligible beneficiaries, including the plan
to carry out subsection (b).
(3) Development of plan.--In developing the plan described
in paragraph (2)(B), the Secretary shall include the following
actions under such plan:
(A) The establishment of a navigator service to
assist an affected eligible beneficiary identified
under subsection (b) in locating a primary care
provider.
(B) Allowing an affected eligible beneficiary to
enroll in TRICARE Prime Remote if the Secretary
determines that the beneficiary would not otherwise
have access to a primary care provider that meets the
TRICARE access standards, regardless of whether such
eligible beneficiary would otherwise be eligible for
such program.
(C) Any other action the Secretary considers
appropriate.
(b) Identification of Beneficiaries Without Access to a Primary
Care Provider.--The Secretary shall identify the affected eligible
beneficiaries whom the Secretary determines, because of the contracts
described in subsection (a)(2)(A), will not retain access to a primary
care provider that meets the TRICARE access standards.
(c) Implementation of Plan.--
(1) Initial implementation.--Beginning on the date that is
60 days after the date on which the Secretary submits the
report under paragraph (1) of subsection (a), the Secretary
shall implement the plan described in paragraph (2)(B) of such
subsection.
(2) Duration.--The Secretary shall carry out the
implementation of the plan under paragraph (1) until the
earlier of the following dates:
(A) Any date after the date that is one year after
the date on which the Secretary begins to carry out
such implementation if the Secretary determines that
each affected eligible beneficiary identified under
subsection (b) will have access to a primary care
provider under a contract described in subsection
(a)(2)(A) that meets the TRICARE access standards.
(B) The date that is two years after the date on
which the Secretary begins to carry out such
implementation.
(d) Monitoring of Access.--Section 711 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
190; 10 U.S.C. 1073 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the
following new subparagraph:
``(D) The access available for affected eligible
beneficiaries to a primary care provider that meets the
TRICARE access standards.''; and
(B) in paragraph (3), by adding at the end the
following new subparagraph:
``(D) In the case of the surveys required by
subparagraph (D) of that paragraph, in each region or
area in which TRICARE Prime will no longer be available
for eligible beneficiaries under newly awarded TRICARE
managed care contracts in each of fiscal years 2013
through 2015.'';
(2) in paragraph (2) of subsection (b), by adding at the
end the following new subparagraph:
``(I) An assessment of the access available for
affected eligible beneficiaries to a primary care
provider that meets the TRICARE access standards.'';
and
(3) in subsection (e), by adding at the end the following
new paragraphs:
``(8) The term `affected eligible beneficiary' means an
eligible beneficiary under the TRICARE Program (other than
eligible beneficiaries on active duty in the Armed Forces) who,
as of the date of the enactment of this paragraph--
``(A) is enrolled in TRICARE Prime; and
``(B) resides in a region of the United States in
which TRICARE Prime enrollment will no longer be
available for such beneficiary under a contract
described in subsection (a)(3)(D) that does not allow
for such enrollment because of the location in which
such beneficiary resides.
``(9) The term `TRICARE access standards' means the
standards developed under the TRICARE Program to ensure that
beneficiaries do not experience excessive wait times or travel
times to access health care.''.
(e) Definitions.--In this section:
(1) The term ``affected eligible beneficiary'' means an
eligible beneficiary under the TRICARE Program (other than
eligible beneficiaries on active duty in the Armed Forces) who,
as of the date of the enactment of this Act--
(A) is enrolled in TRICARE Prime; and
(B) resides in a region of the United States in
which TRICARE Prime enrollment will no longer be
available for such beneficiary under a contract
described in subsection (a)(2)(A) that does not allow
for such enrollment because of the location in which
such beneficiary resides.
(2) The term ``TRICARE access standards'' means the
standards developed under the TRICARE Program to ensure that
beneficiaries do not experience excessive wait times or travel
times to access health care.
(3) The term ``TRICARE Prime'' means the managed care
option of the TRICARE program. | TRICARE Protection Act - Directs the Secretary of Defense to report to the congressional defense committees setting forth Department of Defense (DOD) policy on the future availability of TRICARE Prime (a DOD managed health care program) for eligible beneficiaries in all TRICARE regions.
Directs the Secretary to: (1) identify beneficiaries whom the Secretary determines will not retain primary care provider access under newly awarded TRICARE contracts, and (2) implement a plan to ensure that such beneficiaries will retain access that meets TRICARE access standards. | {"src": "billsum_train", "title": "To direct the Secretary of Defense to submit a report to Congress on the future availability of TRICARE Prime throughout the United States and to ensure that certain TRICARE beneficiaries retain access to a primary care provider, and for other purposes."} | 1,410 | 111 | 0.718735 | 1.819757 | 1.427718 | 2.597938 | 13.938144 | 0.948454 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Small Business Jobs Act of
2014''.
SEC. 2. IN GENERAL.
Section 558 of title 5, United States Code, is amended by adding at
the end the following:
``(d) Before any enforcement action is taken on a sanction on a
business for a violation of a rule or pursuant to an adjudication, and
subject to subsection (e) and (f), an agency shall--
``(1) not later than 10 business days after the date on
which the agency determines that the sanction may be imposed on
the business, provide notice to the business that, if the
business is a small business, the small business may be subject
to a sanction at the end of the grace period described in
paragraph (3);
``(2) delay any further action relating to the sanction
until the end of the 15-calendar day period beginning on the
date on which the agency provides notice under paragraph (1);
``(3) for a small business--
``(A) delay any further action relating to the
sanction until not earlier than the end of the 6-month
period beginning on the date on which the agency
provides notice under paragraph (1); and
``(B) upon application by the small business
demonstrating reasonable efforts made in good faith to
remedy the violation or other conduct giving rise to
the sanction, extending the period under subparagraph
(A) by 3 months;
``(4) after the end of the period described in paragraph
(3), redetermine whether, as of the day after the end of the
period, the small business would still be subject to the
sanction; and
``(5) if the agency determines under paragraph (4) that the
small business would not be subject to the sanction, waive the
sanction.
``(e) If an agency provides notice described in subsection (d)(1)
to a business on or after the date that is 11 business days after the
date on which the agency determines that a sanction may be imposed on
the business--
``(1) if the agency determines that the same sanction may
have been imposed on the business 10 business days before the
date of the notice, the agency shall take further action in
accordance with subsection (d); and
``(2) if the agency determines that the same sanction could
not have been imposed on the business 10 business days before
the date of the notice, the agency shall waive the sanction and
take no further action relating to imposition of the sanction.
``(f) The period during which further action is delayed under
subsection (d)--
``(1) shall apply to a business only 1 time in relation to
any single rule;
``(2) until the end of such period, as determined in
accordance with subsection (d), shall apply to action by the
agency relating to any subsequent violation of the same rule;
and
``(3) shall not apply to a violation that puts any person
in imminent danger, within the meaning given that term under
section 13 of the Occupational Safety and Health Act (29 U.S.C.
662).
``(g) Nothing in subsection (d) shall be construed to prevent a
small business from appealing any sanction imposed in accordance with
the procedures of the agency, or from seeking review under chapter 7.
``(h) Any sanction imposed by an agency on a small business for any
violation of a rule or pursuant to an adjudication, absent proof of
written notice of the sanction and the date on which the agency
determined that a sanction may be imposed, or in violation of
subsection (d)(3), shall have no force or effect.
``(i) Each Federal agency shall submit to the Ombudsman an annual
report on the implementation of subsection (d), including a discussion
of the deferral of action relating to and waiver of sanctions on small
businesses.
``(j) The Ombudsman shall include in the annual report to Congress
required under section 30(b)(2)(C) of the Small Business Act (15 U.S.C.
657(b)(2)(C)) the agency reports described by subsection (i) and a
summary of the findings.
``(k) For purposes of this section--
``(1) the term `consumer price index' means the consumer
price index for all urban consumers published by the Department
of Labor;
``(2) the term `CPI adjusted gross receipts' means the
amount of gross receipts, divided by the consumer price index
for calendar year 2012, and multiplied by the consumer price
index for the preceding calendar year, rounded to the nearest
multiple of $100,000 (or, if midway between multiples of
$100,000, to the next higher multiple of $100,000);
``(3) the term `Ombudsman' has the same meaning given such
term in section 30(a) of the Small Business Act (15 U.S.C.
657(a)); and
``(4) term `small business' means any sole proprietorship,
partnership, corporation, limited liability company, or other
business entity, that--
``(A) had less than $10,000,000 in gross receipts
in the preceding calendar year;
``(B) is considered a small-business concern (as
defined under section 3(a) of the Small Business Act
(15 U.S.C. 632(a));
``(C) employed fewer than 200 individuals in the
preceding calendar year; or
``(D) had CPI adjusted gross receipts of less than
$10,000,000 in the preceding calendar year.''. | Protect Small Business Jobs Act of 2014 - Requires a federal agency, before any enforcement action is taken on any sanction on a small business for any violation of a rule or pursuant to an adjudication, to: (1) notify the small business that it may be subject to a sanction at the end of a six-month grace period following such notification; (2) delay further action for 15 days after such notification; (3) defer further action for the six-month period (allowing an additional three-month period upon application by the small business demonstrating reasonable good-faith efforts to remedy the violation or other conduct giving rise to the sanction); (4) make a further determination at the end of the applicable grace period as to whether the small business would still be subject to the sanction; and (5) upon a negative determination, waive the sanction. Makes the grace period inapplicable with respect to a violation that puts anyone in imminent danger, as defined by the Occupational Safety and Health Act. Renders any sanction imposed in violation of the requirements of this Act as having no force or effect. Requires: (1) federal agencies to report annually to the Small Business and Agriculture Regulatory Enforcement Ombudsman on the implementation of the requirements of this Act, and (2) the Ombudsman to include such information in a currently-required annual report to Congress. | {"src": "billsum_train", "title": "Protect Small Business Jobs Act of 2014"} | 1,206 | 299 | 0.696649 | 2.193521 | 0.919477 | 3.409091 | 4.496212 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Research Subject Protections
Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The Constitution guarantees the right of the people to
be secure in their persons, and the Declaration of Independence
asserts as self-evident that all men have certain unalienable
rights among these are life, liberty and the pursuit of
happiness.
(2) The first principle of the Nuremberg code states that
with respect to human research, the voluntary consent of the
human subject is absolutely essential. The Nuremberg code
further asserts that such consent must be competent, informed
and comprehending.
(3) In 1974, the Department of Health, Education and
Welfare published regulations (45 CFR 46) governing the
protection of human subjects in research. These regulations
applied only to research sponsored by the Department. In 1991
these regulations were adopted by 16 additional Federal
agencies to apply to any research which these agencies may
sponsor.
(4) Between 1974 and 1983, Congress enacted 2 Public Laws
that established ethical advisory bodies. Public Law 91-348
established the National Commission for the Protection of Human
Subjects of Biomedical Research and Public Law 95-622
established the President's Commission for the Study of Ethical
Problems in Medicine and Biomedical and Behavioral Research.
Each of these advisory bodies made recommendations to the
President and Congress to expand protections for human research
subjects. Some of these recommendations have been incorporated
into the Federal regulation (45 CFR 46).
(5) In 1995, the President's Advisory Committee on Human
Radiation Experiments found that there are significant
deficiencies in some aspects of the current system for the
protection of human subjects. In particular, the Committee
found that some consent forms currently in use are flawed in
morally significant aspects.
(6) The President's Advisory Committee on Human Radiation
Experiments recommended the adoption of a Federal policy
requiring the informed consent of all human subjects of
classified research and that this requirement not be subject to
exemption or waiver. The Committee further recommended that in
all cases, potential subjects should be informed of the
identity of the sponsoring Federal agency and that the project
involves classified information.
(7) Some agencies of the Federal government sponsor
research involving human subjects, but these agencies have not
adopted the Common Rule as provided for in part 46 of title 45,
Code of Federal Regulations.
(8) Private individuals or institutions that do not receive
any Federal funding or that are not seeking the approval of the
Food and Drug Administration for a drug or device, and that
sponsor research involving human subjects, do not need to abide
by the requirements of part 46 of title 45, Code of Federal
Regulations.
(9) Many, but not all, research institutions that receive
Federal sponsorship for research involving human subjects may
voluntarily apply the protections of the Common Rule to all
research conducted at the research institution.
(10) Notwithstanding paragraphs (1) through (9), no
provision of United States law explicitly requires that
informed consent and independent review of research involving
human subject be obtained.
(11) The human research subject activities described in
this section are either in interstate (or foreign) commerce or
substantially affect such commerce or the free flow thereof,
and the regulation of those activities as provided for in this
Act is necessary to prevent and eliminate burdens upon such
commerce and to effectively regulate such commerce, in order to
insure that the rights and welfare of human research subjects are
protected.
(b) Purpose.--The purposes of this Act are--
(1) to apply common rule protections to all human subject
research and provide for criminal sanctions for violations of
this Act;
(2) to prohibit the provision of Federal support for
classified research that is not reviewed by an institutional
review board and require disclosure to human research subjects
of certain information regarding classified research; and
(3) to address any potential regulatory conflict of
interest within the Department of Health and Human Services and
the National Institutes of Health, and establish an Office for
Protection of Research Subjects within the Office of the
Secretary of Health and Human Services.
SEC. 3. DEFINITIONS.
In this Act:
(1) Assurance.--The term ``assurance'' means a written
agreement between the Secretary and a research facility, or an
institution supporting the research facility, that such
research facility will comply with all Federal ethical
standards regarding human subject research, including the
common rule protections. Such term includes a ``single project
assurance'', ``multiple project assurance'', and ``cooperative
project assurance''.
(2) Board.--The term ``board'' means an institutional
review board established in accordance with and for the
purposes expressed in this Act.
(3) Classified research.--The term ``classified research''
means research involving human subjects that is specifically
authorized under criteria established by an Executive Order to
be kept secret in the interest of national defense of foreign
policy.
(4) Common rule protections.--The term ``common rule
protections'' means the requirements and protections provided
under part 46 of title 45, Code of Federal Regulations, as in
effect on the date of enactment of this Act.
(5) Human subject.--The term ``human subject'' means a
living individual about whom an investigator (whether
professional or student) conducting research obtains--
(A) data through intervention or interaction with
the individual; or
(B) individually identifiable private information.
(6) Interstate commerce.--The term ``interstate commerce''
has the meaning given the term in section 201(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(b)).
(7) Office.--The term ``Office'' means the Office for
Protection of Research Subjects established under section
102(a) or the Office designated under section 102(b).
(8) Research.--The term ``research'' means a systematic
investigation, including research development, testing and
evaluation, designed to develop or contribute to generalizable
knowledge, and those activities for which a Federal department
or agency has specific responsibility for regulating as
research activities.
(9) Research facility.--The term ``research facility''
means any public or private entity, agency (including Federal,
State, and other agencies) or person that--
(A) uses human subjects in research involving
interstate commerce; or
(B) receives support under a grant, loan, contract,
or other award from a department, agency, or
instrumentality of the United States for the purpose of
carrying out research using human subjects.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(11) State.--The term ``State'' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, or any other
territory or possession of the United States.
TITLE I--GENERAL RESEARCH REQUIREMENTS
SEC. 101. APPLICATION OF COMMON RULE REQUIREMENTS AND PROTECTIONS.
(a) In General.--Except as provided in subsection (b), the
requirements and protections provided under part 46 of title 45, Code
of Federal Regulations, as in effect on the date of enactment of this
Act, shall apply to research conducted by research facilities using
human subjects.
(b) Exception When in Conflict with Act.--The provisions of this
Act shall supersede any provision of part 46 of title 45, Code of
Federal Regulations, if such provisions are in conflict.
SEC. 102. OFFICE FOR PROTECTION OF RESEARCH SUBJECTS.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish within the Office
of the Secretary an office to be known as the ``Office for Protection
of Human Research Subjects'' or make the designation described in
subsection (b).
(b) Designation.--Not later than 90 days after the date of
enactment of this Act, the Secretary may reassign the Office for
Protection from Research Risks to the Office of the Secretary and
designate such Office to carry out the duties of the Office under this
Act.
(c) Funding.--The Secretary shall ensure the availability of such
sums as may be necessary to enable the Office to conduct all activities
under this Act, as well as to conduct appropriate oversight and
implementation activities.
SEC. 103. REGISTRATION OF FACILITIES.
(a) In General.--To conduct research using human subjects, a
research facility shall have in effect a valid registration with the
Secretary in accordance with this section and with such regulations as
the Secretary may promulgate.
(b) Requirements.--An application for registration under subsection
(a) shall include--
(1) a statement of the principles of the applicant research
facility with respect to the protection of the rights and
welfare of humans subjects of research conducted or supported
by the research facility;
(2) a designation of the official responsible for all human
subject research conducted or supported by the applicant
research facility;
(3) a designation of, and membership roster or rosters for,
each board that is responsible for reviewing human subject
research conducted or supported by the applicant research
facility; and
(4) an assurance that the applicant research facility is
complying and will continue to comply with the requirements
for--
(A) board membership;
(B) the functions and operations of the board;
(C) the review of research by the board;
(D) the approval of research by the board;
(E) the suspension or termination of board approval
of research;
(F) the maintenance of records by the board; and
(G) obtaining and documenting informed consent from
human subjects, consent from children, and permission
from parents or guardians as provided for in the common
rule protections.
(c) Period of Registration.--The registration of a research
facility shall be valid for the 3-year period beginning on the date on
which the Secretary approves the application for registration, except
that such registration may be suspended, revoked or deemed to be
incomplete or otherwise insufficient by the Secretary.
(d) Affect of Assurances.--Upon the notification of the Secretary
by the official designated under subsection (b)(2), a research facility
shall be deemed to be in compliance with the registration provisions of
this section, if that research facility has in effect a valid assurance
negotiated with the Department of Health and Human Services.
(e) Failure to Register.--A research facility may not conduct an
activity covered by this Act if the facility is not registered with the
Secretary under this section or an assurance described in subsection
(d) is not in effect.
SEC. 104. INSPECTION AND INVESTIGATION.
(a) In General.--The Secretary may carry out such inspections or
investigations as may be necessary to enable the Secretary to determine
whether any research facility has violated or is violating any
provision of this Act.
(b) Access to Facilities and Records.--To enable the Secretary to
carry out subsection (a), the Secretary shall, after providing
reasonable notice, be provided with access to a research facility and
the records required to be kept by the facility pursuant to section
103(b)(4) and the common rule protections.
(c) Penalties.--Title 18, United States Code, is amended by
inserting after chapter 89 the following:
``CHAPTER 90--PROTECTION OF HUMAN SUBJECTS BY RESEARCH FACILITIES
``Sec. 1841. Protection of human subjects
``(a) In General.--Whoever forcibly assaults, resists, opposes,
impedes, intimidates, or interferes with any person while such person
is engaged in the performance of his or her official duties under the
Human Research Subject Protections Act of 1997, or because such person
has carried out such duties, shall be fined not more than $10,000, or
imprisoned not more than 3 years, or both.
``(b) Use of Weapon.--Whoever in the commission of an act that is a
violation of subsection (a), uses a deadly or dangerous weapon shall be
fined not more than $25,000, or imprisoned not more than 10 years, or
both.
``(c) Homicide.--Whoever kills any human being while that human
being is engaged in the performance of his or her official duties under
the Human Research Subject Protections Act of 1997, or because such
human being has carried out such duties, shall be fined or imprisoned
as provided for under sections 1111 and 1114.''.
SEC. 105. ENFORCEMENT.
(a) Suspension of Registration.--If the Secretary has reason to
believe that any research facility registered under section 103 has
violated or is in violation of any provision of this Act, or of any of
the rules or regulations or standards promulgated by the Secretary
under this Act, the Secretary may suspend the registration of that
research facility for a period of not to exceed 30 days, and after
notice and opportunity for a hearing, may suspend such registration for
any additional period as the Secretary may determine appropriate. Upon
a determination by the Secretary that such a violation has occurred the
Secretary may continue such suspension or revoke the registration.
(b) Penalties.--Any employee of a research facility that knowingly
violates any provision of this Act shall, on conviction thereof, shall
be fined not more than $10,000, or imprisoned not more than 3 years, or
both. Such violation shall be referred by the Secretary to the United
States Department of Justice for prosecution.
SEC. 106. REGULATIONS.
The Secretary may promulgate such regulations as the Secretary
determines to be necessary to carry out this Act.
TITLE II--CLASSIFIED RESEARCH
SEC. 201. PROHIBITION.
Notwithstanding any other provision of law, no Federal funds shall
be expended for the conduct of any classified research where a board
has waived informed consent as defined in the common rule protections
or where a determination has been made that the research is exempt from
review by such a board.
SEC. 202. ADDITIONAL REQUIREMENTS.
In addition to the requirements applicable under the common rule
protections, the human subjects involved in any classified research
that receives Federal funding shall be provided with the following
additional information:
(1) The identity of the Federal agency providing funds in
connection with the conduct of such research.
(2) A statement that the research involves classified
information.
(3) An unclassified description of the purpose of the
research. | TABLE OF CONTENTS:
Title I: General Research Requirements
Title II: Classified Research
Human Research Subject Protections Act of 1997 -
Title I: General Research Requirements
- Applies the requirements of specified provisions of the Code of Federal Regulations (common rule protections) to research conducted by research facilities using human subjects.
Requires that the Office of the Secretary of Health and Human Services handle human subject protection, either through establishment in the Secretary's Office of the Office for Protection of Human Research Subjects or through reassignment to the Secretary's Office of the Office for Protection from Research Risks.
Requires research facilities, in order to conduct research using human subjects, to have a registration with the Secretary.
Authorizes the Secretary to carry out inspections or investigations to determine whether any facility has violated or is violating this Act. Amends the Federal Criminal Code to mandate fines or imprisonment (or both) for assault, resistance, interference, etc., regarding the performance of official duties under this Act.
Provides for suspension of registration for suspected violations and suspension or revocation of registration and fines or imprisonment for violations.
Title II: Classified Research
- Prohibits the expenditure of Federal funds for the conduct of any classified research (research involving human subjects that is authorized under certain criteria established by an Executive Order to be kept secret) where a board has waived informed consent as defined in the common rule protections or where a determination has been made that the research is exempt from board review. Requires that, in addition to the common rule protections, subjects be informed: (1) of the identity of the Federal agency providing funds; (2) that the research involves classified information; and (3) regarding an unclassified description of the purpose of the research. | {"src": "billsum_train", "title": "Human Research Subject Protections Act of 1997"} | 3,189 | 386 | 0.548406 | 1.790913 | 0.696197 | 3.530259 | 8.536023 | 0.902017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Well Testing Assistance
Act''.
SEC. 2. ASSISTANCE FOR TESTING OF PRIVATE WELLS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
amended by adding at the end the following:
``SEC. 1459. ASSISTANCE FOR TESTING OF PRIVATE WELLS.
``(a) Findings.--Congress finds that--
``(1) more than 15,100,000 households in the United States
are served by private drinking water wells;
``(2) while private well owners generally are responsible
for regular testing of drinking water wells for the presence of
contaminants, cases of serious or potentially widespread
groundwater contamination often require State health and
environmental agencies to conduct costly tests on numerous
drinking water well sites;
``(3) many of those sites are included in the Comprehensive
Environmental Response, Compensation, and Liability Information
System of the Environmental Protection Agency, through which
Federal funding is available for testing of private wells
during initial site assessments but not for subsequent regular
sampling to ensure that contaminants have not migrated to other
wells;
``(4) many State governments do not have the resources to
provide regular, reliable testing of drinking water wells that
are located in proximity to areas of suspected groundwater
contamination;
``(5) State fiscal conditions, already in decline before
the terrorist attacks of September 11, 2001, are rapidly
approaching a state of crisis;
``(6) according to the National Conference of State
Legislatures--
``(A) revenues in 43 States are below estimates;
and
``(B) 36 States have already planned or implemented
cuts in public services;
``(7) as a result of those economic conditions, most States
do not have drinking water well testing programs in place, and
many State well testing programs have been discontinued,
placing households served by private drinking water wells at
increased risk; and
``(8) the provision of Federal assistance, with a State
cost-sharing requirement, would establish an incentive for
States to provide regular testing of drinking water wells in
proximity to new and existing areas of suspected groundwater
contamination.
``(b) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency, acting in
consultation with appropriate State agencies.
``(2) Area of concern.--The term `area of concern' means a
geographic area in a State the groundwater of which may, as
determined by the State--
``(A) be contaminated or threatened by a release of
1 or more substances of concern; and
``(B) present a serious threat to human health.
``(3) Hazardous substance.--The term `hazardous substance'
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
``(4) Pollutant or contaminant.--The term `pollutant or
contaminant' has the meaning given the term in section 101 of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
``(5) Substance of concern.--The term `substance of
concern' means--
``(A) a hazardous substance;
``(B) a pollutant or contaminant;
``(C) petroleum (including crude oil and any
fraction of crude oil);
``(D) methyl tertiary butyl ether; and
``(E) such other naturally-occurring or other
substances (including arsenic, beryllium, and
chloroform) as the Administrator, in consultation with
appropriate State agencies, may identify by regulation.
``(c) Establishment of Program.--Not later than 90 days after the
date of enactment of this section, the Administrator shall establish a
program to provide funds to each State for use in testing private wells
in the State.
``(d) Determination of Areas of Concern.--Not later than 30 days
after the date of enactment of this section, the Administrator shall
promulgate regulations that describe criteria to be used by a State in
determining whether an area in the State is an area of concern,
including a definition of the term `threat to human health'.
``(e) Application Process.--
``(1) In general.--A State that seeks to receive funds
under this section shall submit to the Administrator, in such
form and containing such information as the Administrator may
prescribe, an application for the funds.
``(2) Certification.--A State application described in
paragraph (1) shall include a certification by the Governor of
the State of the potential threat to human health posed by
groundwater in each area of concern in the State, as determined
in accordance with the regulations promulgated by the Administrator
under subsection (d).
``(3) Processing.--Not later than 15 days after the
Administrator receives an application under this subsection,
the Administrator shall approve or disapprove the application.
``(f) Provision of Funding.--
``(1) In general.--If the Administrator approves an
application of a State under subsection (e)(3), the
Administrator shall provide to the State an amount of funds to
be used to test private wells in the State that--
``(A) is determined by the Administrator based on--
``(i) the number of private wells to be
tested;
``(ii) the prevailing local cost of testing
a well in each area of concern in the State;
and
``(iii) the types of substances of concern
for which each well is to be tested; and
``(B) consists of not more than $500 per well,
unless the Administrator determines that 1 or more
wells to be tested warrant the provision of a greater
amount.
``(2) Cost sharing.--
``(A) In general.--The Federal share of the cost of
any test described in paragraph (1) shall not exceed 80
percent.
``(B) Non-federal share.--The non-Federal share of
the cost of any test described in paragraph (1) may be
provided in cash or in kind.
``(g) Number and Frequency of Tests.--
``(1) In general.--Subject to paragraph (2), in determining
the number and frequency of tests to be conducted under this
section with respect to any private well in an area of concern,
a State shall take into consideration--
``(A) typical and potential seasonal variations in
groundwater levels; and
``(B) resulting fluctuations in contamination
levels.
``(2) Limitation.--Except in a case in which at least 2
years have elapsed since the last date on which a private well
was tested using funds provided under this section, no funds
provided under this section may be used to test any private
well--
``(A) more than 4 times; or
``(B) on or after the date that is 1 year after the
date on which the well is first tested.
``(h) Other Assistance.--Assistance provided to test private wells
under this section shall be in addition to any assistance provided for
a similar purpose under this Act or any other Federal law.
``(i) Report.--Not later than 1 year after the date of enactment of
this section, the Administrator, in cooperation with the National
Ground Water Association, shall submit to Congress a report that
describes the progress made in carrying out this section.
``(j) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $20,000,000 for each of fiscal years
2003 through 2006, to remain available until expended.
``(2) Minimum allocation.--The Administrator shall ensure
that, for each fiscal year, each State receives not less than
0.25 percent of the amount made available under paragraph (1)
for the fiscal year.''. | Private Well Testing Assistance Act - Amends the Safe Drinking Water Act to establish a program to provide funds to States for the testing of private wells.Requires that a State certify to the Administrator of the Environmental Protection Agency that a potential threat to human health is posed by groundwater in an area of concern.Establishes criteria for the level of funding according to the number of wells to be tested, local test costs, and the types of substances of concern, including any seasonal fluctuations in contamination levels. | {"src": "billsum_train", "title": "A bill to amend the Safe Drinking Water Act to provide assistance to States to support testing of private wells in areas of suspected contamination to limit or prevent human exposure to contaminated groundwater."} | 1,773 | 116 | 0.530337 | 1.347508 | 0.554601 | 3.063158 | 17.421053 | 0.936842 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Recovery Act of 2005''.
SEC. 2. EXPEDITED PAYMENTS OF FEDERAL ASSISTANCE FOR DEBRIS REMOVAL AND
EMERGENCY PROTECTIVE MEASURES.
(a) Expedited Payments Authorized.--Notwithstanding the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) or any regulation issued pursuant to such Act, the Secretary
of Homeland Security, acting through the Director of the Federal
Emergency Management Agency, shall pay to an eligible applicant, in
accordance with subsection (b), 50 percent of the Federal share of
assistance that the applicant is eligible to receive under section
403(b), 407(d), or 503 of such Act (42 U.S.C. 5170b(b), 5173(d), 5193).
(b) Date of Payment.--A claim described in subsection (a) shall be
paid not later than 60 days after the date on which such applicant
files an eligible claim for assistance.
(c) Definitions.--For purposes of this section:
(1) Eligible applicant.--The term ``eligible applicant''
means the following:
(A) A State government.
(B) A local government.
(C) A private non-profit organization or
institution that owns or operates any private nonprofit
educational, utility, emergency, medical, or custodial
care facility, including a facility for the aged or
disabled, or any other facility providing essential
governmental services to the general public, and such
facilities on Indian reservations.
(D) An Indian tribe or authorized tribal
organization, or an Alaska Native village or
organization, but not Alaska Native Corporations, the
ownership of which is vested in a private individual.
(2) Eligible claim for assistance.--The term ``eligible
claim for assistance'' means the following:
(A) Debris removal.--A claim for the clearance,
removal, or disposal of debris such as trees, sand,
gravel, building components, wreckage, vehicles, and
personal property, if such debris is the result of an
emergency or major disaster and such clearance,
removal, or disposal is necessary for any of the
following:
(i) To eliminate an immediate threat, as
determined by the Secretary of Homeland
Security, to human life, public health, or
safety.
(ii) To eliminate an immediate threat, as
determined by the Secretary, of significant
damage to public or private property.
(iii) To ensure the economic recovery of
the community affected by the emergency or
major disaster to the benefit of such community
and any other community, as determined by the
Secretary.
(iv) To ensure the provision of temporary
public transportation service in the community
affected by the emergency or major disaster
pursuant to section 419 of the Robert T.
Stafford Disaster and Emergency Assistance Act
(42 U.S.C. 5186).
(B) Emergency protective measures.--An action taken
by an applicant before, during, or after an emergency
or major disaster that is necessary for any of the
following:
(i) To eliminate or reduce an immediate
threat, as determined by the Secretary of
Homeland Security, to human life, public
health, or safety.
(ii) To eliminate or reduce an immediate
hazard, as determined by the Secretary, that
threatens significant damage to public or
private property.
(C) Other claims.--Any other claim that the
Secretary of Homeland Security determines to be
appropriate.
(3) Emergency.--The term ``emergency'' has the meaning
provided by section 102(1) of the Robert T. Stafford Disaster
and Emergency Assistance Act (42 U.S.C. 5122(1)).
(4) Major disaster.--The term ``major disaster'' has the
meaning provided by section 102(2) of the Robert T. Stafford
Disaster and Emergency Assistance Act (42 U.S.C. 5122(2)).
SEC. 3. REQUIREMENT TO ENSURE DEBRIS CLEARANCE, REMOVAL, AND DISPOSAL
FROM EMERGENCY ACCESS ROADS.
(a) Requirement.--Any reimbursement authorized under section 407 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5173) for clearing and removing debris shall include
reimbursement for clearing, removing, and disposing of debris from any
emergency access road.
(b) Emergency Access Road Defined.--For purposes of subsection (a),
the term ``emergency access road'' means a road that requires access by
emergency personnel, including firefighters, police, emergency medical
personnel, or any other entity identified by the Secretary of Homeland
Security that provides an emergency service after a declaration of an
emergency or major disaster (as defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)).
SEC. 4. INCLUSION OF DEBRIS REMOVAL FROM PRIVATE LAND AS ELIGIBLE CLAIM
FOR FEDERAL ASSISTANCE.
Section 408(c)(2)(A) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(2)(A)) is amended--
(1) at the end of clause (i), by striking ``and'';
(2) at the end of clause (ii), by striking the period and
inserting ``; and''; and
(3) by inserting after clause (ii) the following new
clause:
``(iii) the removal, clearance, and
disposal of debris from private property that
is the result of an emergency or major
disaster.''. | Disaster Recovery Act of 2005 - Requires the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Agency, to pay an eligible disaster relief applicant 50 percent of the Federal share of assistance for which the applicant is eligible under specified sections of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, within 60 days after the applicant files a claim for such assistance.
Requires authorized reimbursement for clearing and removing debris to include reimbursement for clearing, removing, and disposing of debris from any emergency access road.
Authorizes Federal assistance for removing, clearing, and disposing of debris from private property. | {"src": "billsum_train", "title": "To expedite payments of certain Federal emergency assistance authorized pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and to direct the Secretary of Homeland Security to exercise certain authority provided under such Act."} | 1,255 | 132 | 0.586994 | 1.641627 | 0.681393 | 4.777778 | 9.333333 | 0.965812 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrographic Services Amendments of
2004''.
TITLE I--NOAA HYDROGRAPHIC SERVICES IMPROVEMENT
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this title 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 Hydrographic Services
Improvement Act of 1998 (33 U.S.C. 892 et seq.).
SEC. 102. FUNCTIONS OF ADMINISTRATOR.
(a) Regional Navigation Response Teams.--Section 303(a) (33 U.S.C.
892a(a)) is amended by striking paragraphs (7) and (8) and inserting
the following:
``(7) establish, equip, and maintain up to 4 Regional
Navigation Response teams in priority coastal areas identified
by the Secretary, in consultation with the Commandant of the
Coast Guard, to conduct activities related to navigational
safety and the validation of hydrographic data;
``(8) to the greatest extent practicable and cost-
effective, fulfill the requirements of paragraphs (1) and (7)
through contracts or other agreements with private sector
entities; and
``(9) participate in the development of, and implement for
the United States in cooperation with other appropriate Federal
agencies, international standards for hydrographic data and
hydrographic services.''.
(b) Authority To Accept Volunteer Services.--Section 303 (33 U.S.C.
892a) is amended by adding at the end the following:
``(d) Authority To Accept Volunteer Services.--
``(1) In general.--To help fulfill the duties of the
Administrator, including authorities under the Act of 1947 (33
U.S.C. 883a et seq.), this Act, or in response to a maritime
emergency, the Administrator may--
``(A) establish a volunteer program; and
``(B) enter into special agreements with qualified
organizations to assist in the implementation of a
volunteer program.
``(2) Legal status of volunteers.--
``(A) Paragraphs (1) through (5) of section 7(c) of
the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c))
shall apply to volunteers who provide services to the
Administrator under a volunteer program established
under paragraph (1).
``(B) For purposes of subparagraph (A), any
reference in section 7(c) of the Fish and Wildlife Act
of 1956 (16 U.S.C. 742f(c)) to the Secretary of
Interior or the Secretary of Commerce is deemed to
refer to the Administrator.
``(3) Qualified organization.--In this subsection, the term
`qualified organization' means a nongovernmental, not-for-
profit organization, determined by the Administrator to have
demonstrated expertise in boating safety and a commitment to
improving the quality of hydrographic services and related
oceanographic and meteorological information that is made
available to mariners.
``(e) Participation in Joint Institute.--The Secretary may
participate in a joint institute that develops new hydrographic
technology and conducts academic, educational, and outreach activities
that assist the Administrator in fulfilling the functions of the
Administrator under this section.''.
SEC. 103. KOSS COVE.
(a) In General.--Notwithstanding any other provision of law or
existing policy, the cove described in subsection (b) shall be known
and designated as ``Koss Cove'', in honor of the late Able Bodied
Seaman Eric Steiner Koss of the National Oceanic and Atmospheric
Administration vessel RAINIER who died in the performance of a nautical
charting mission off the Alaskan coast.
(b) Cove Described.--The cove referred to in subsection (a) is--
(1) adjacent to and southeast of Point Elrington, Alaska,
and forms a portion of the southern coast of Elrington Island;
(2) \3/4\ mile across the mouth;
(3) centered at 59 degrees 56.1 minutes North, 148 degrees
14 minutes West; and
(4) 45 miles of Seward, Alaska.
(c) References.--Any reference in any law, regulation, document,
record, map, or other paper of the United States to the cove described
in subsection (b) is deemed to be a reference to Koss Cove.
SEC. 104. DEPICTION OF SAME SHORELINES ON CHARTS AND MAPPING PRODUCTS.
Not later than 6 months after the date of enactment of the Act, the
Secretary of Commerce and the Secretary of the Interior, in
consultation with the Federal Emergency Management Agency, shall
provide to the Committee on Resources of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a plan to depict the same shorelines on National Oceanic and
Atmospheric Administration nautical charts and United States Geological
Survey mapping products.
SEC. 105. AMENDMENTS TO THE HYDROGRAPHIC SERVICES PANEL.
Section 305 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892c) is amended--
(1) in subsection (a), by striking ``Secretary'' and
inserting ``Secretary of Commerce''; and
(2) in subsection (c)(3), subsection (d), and subsection
(e), by striking ``Secretary'' each place it appears and
inserting ``Administrator''.
SEC. 106. GREAT LAKES WATER LEVEL MEASUREMENTS.
Section 306(5) of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892d(5)) is amended--
(1) by redesignating subparagraphs (A) through (E) as
clauses (i) through (v), respectively;
(2) by striking ``(5)'' and inserting ``(5)(A)''; and
(3) by adding at the end the following new subparagraph:
``(B) Of the amounts authorized under subparagraph (A),
$2,000,000 in each fiscal year is authorized for the Great
Lakes Water Level Observation Network.''.
TITLE II--FISHERY SURVEY VESSELS
SEC. 201. FISHERY SURVEY VESSELS.
Section 302(c) of the Fisheries Survey Vessel Authorization Act of
2000 (33 U.S.C. 891b note) is amended by striking ``$60,000,000 for
each of fiscal years 2002 and 2003'' and inserting ``$51,000,000 for
fiscal year 2005 and $39,000,000 for fiscal year 2006.
SEC. 202. ACQUISITION OF HYDROGRAPHIC SURVEY VESSEL.
No later than 6 months after the date of the enactment of this Act,
the Secretary of Commerce shall submit to the Committee on Resources of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate--
(1) a detailed requirements package and cost estimate for
the construction and equipping of a hydrographic survey vessel
that is capable of--
(A) staying at sea continuously for at least 30
days;
(B) carrying at least 4 hydrographic survey
launches;
(C) conducting hydrographic surveys; and
(D) conducting other work necessary to provide
mariners with the accurate and timely data needed to
conduct safe and efficient maritime commerce;
(2) an explanation of what vessel or vessels would be
retired if a vessel described in paragraph (1) were to become
operational; and
(3) a comparison of the 10-year estimated costs of
operation and maintenance of a new vessel described in
paragraph (1) versus such costs for a vessel or vessels
proposed for retirement under paragraph (2).
Passed the House of Representatives March 23, 2004.
Attest:
JEFF TRANDAHL,
Clerk.
By Gerasimos C. Vans,
Deputy Clerk. | Hydrographic Services Amendments of 2004 - Title I: NOAA Hydrographic Services Improvement - (Sec. 102) Amends the Hydrographic Services Improvement Act of 1998 (HSIA) to require the Administrator of the National Oceanic and Atmospheric Administration (NOAA) (Administrator) to establish, equip, and maintain up to four Regional Navigation Response teams in priority coastal areas to conduct activities related to navigational safety and the validation of hydrographic data.
Authorizes the Administrator to: (1) establish and implement a volunteer program and accept volunteer services; and (2) participate in a joint institute that develops new hydrographic technology and conducts academic, educational, and outreach activities that assist the Administrator. (Sec. 103) Designates as Koss Cove a cove on the southern coast of Elrington Island in Alaska, in honor of the late Able Bodied Seaman Eric Steiner Koss who served on the NOAA vessel RAINIER and died in the performance of a nautical charting mission off the Alaskan coast. (Sec. 104) Requires the Secretary of Commerce (Secretary) and the Secretary of the Interior to provide to specified congressional committees a plan to depict the same shorelines on NOAA nautical charts and U.S. Geological Survey mapping products. (Sec. 105) Revises HSIA requirements relating to the Hydrographic Services Advisory Panel and certain duties of the Secretary and the NOAA Administrator. (Sec. 106) Authorizes specified funds under HSIA in each fiscal year for the Great Lakes Water Level Observation Network. Title II: Fishery Survey Vessels - (Sec. 201) Amends the Fisheries Survey Vessel Authorization Act of 2000 to revise and extend for FY 2005 and 2006 the authorization of appropriations for certain fishery survey vessels. (Sec. 202) Directs the Secretary to report to specified committees on the acquisition of a new hydrographic survey vessel having specified capabilities, the retirement of any current vessel(s), and operation and maintenance cost comparisons between the two. | {"src": "billsum_train", "title": "To authorize certain hydrographic services programs, to name a cove in Alaska in honor of the late Able Bodied Seaman Eric Steiner Koss, and for other purposes."} | 1,777 | 463 | 0.562501 | 1.948223 | 0.706319 | 3.557423 | 4.291317 | 0.890756 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Paid Parental
Leave Act of 2009''.
SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5.
(a) Amendment to Title 5.--Subsection (d) of section 6382 of title
5, United States Code, is amended--
(1) by redesignating such subsection as subsection (d)(1);
(2) by striking ``subparagraph (A), (B), (C), or'' and
inserting ``subparagraph (C) or''; and
(3) by adding at the end the following:
``(2) An employee may elect to substitute for any leave without pay
under subparagraph (A) or (B) of subsection (a)(1) any paid leave which
is available to such employee for that purpose.
``(3) The paid leave that is available to an employee for purposes
of paragraph (2) is--
``(A) subject to paragraph (6), 4 administrative workweeks
of paid parental leave under this subparagraph in connection
with the birth or placement involved; and
``(B) any annual or sick leave accrued or accumulated by
such employee under subchapter I.
``(4) Nothing in this subsection shall be considered to require
that an employee first use all or any portion of the leave described in
subparagraph (B) of paragraph (3) before being allowed to use the paid
parental leave described in subparagraph (A) of paragraph (3).
``(5) Paid parental leave under paragraph (3)(A)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing agency;
``(B) shall not be considered to be annual or vacation
leave for purposes of section 5551 or 5552 or for any other
purpose; and
``(C) if not used by the employee before the end of the 12-
month period (as referred to in subsection (a)(1)) to which it
relates, shall not accumulate for any subsequent use.
``(6) The Director of the Office of Personnel Management--
``(A) may promulgate regulations to increase the amount of
paid parental leave available to an employee under paragraph
(3)(A), to a total of not more than 8 administrative workweeks,
based on the consideration of--
``(i) the benefits provided to the Federal
Government of offering increased paid parental leave,
including enhanced recruitment and retention of
employees;
``(ii) the cost to the Federal Government of
increasing the amount of paid parental leave that is
available to employees;
``(iii) trends in the private sector and in State
and local governments with respect to offering paid
parental leave;
``(iv) the Federal Government's role as a model
employer;
``(v) the impact of increased paid parental leave
on lower-income and economically disadvantaged
employees and their children; and
``(vi) such other factors as the Director considers
necessary; and
``(B) shall prescribe any regulations necessary to carry
out this subsection, including, subject to paragraph (4), the
manner in which an employee may designate any day or other
period as to which such employee wishes to use paid parental
leave described in paragraph (3)(A).''.
(b) Effective Date.--The amendment made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 6-month period beginning on the date of the enactment of
this Act.
SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendment to Congressional Accountability Act.--Section 202 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is
amended--
(1) in subsection (a)(1), by adding at the end the
following: ``In applying section 102(a)(1)(A) and (B) of such
Act to covered employees, subsection (d) shall apply.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Special Rule for Paid Parental Leave for Congressional
Employees.--
``(1) Substitution of paid leave.--A covered employee
taking leave without pay under subparagraph (A) or (B) of
section 102(a)(1) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(a)(1)) may elect to substitute for any such
leave any paid leave which is available to such employee for
that purpose.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) the number of weeks of paid parental leave in
connection with the birth or placement involved that
correspond to the number of administrative workweeks of
paid parental leave available to Federal employees
under section 6382(d)(3)(A) of title 5, United States
Code; and
``(B) any additional paid vacation or sick leave
provided by the employing office to such employee.
``(3) Limitation.--Nothing in this subsection shall be
considered to require that an employee first use all or any
portion of the leave described in subparagraph (B) of paragraph
(2) before being allowed to use the paid parental leave
described in subparagraph (A) of paragraph (2).
``(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing office; and
``(B) if not used by the covered employee before
the end of the 12-month period (as referred to in
section 102(a)(1) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(a)(1))) to which it relates,
shall not accumulate for any subsequent use.''.
(b) Effective Date.--The amendment made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 6-month period beginning on the date of the enactment of
this Act.
SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO
AND LIBRARY OF CONGRESS EMPLOYEES.
(a) Amendment to Family and Medical Leave Act of 1993.--Section
102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d))
is amended by adding at the end the following:
``(3) Special rule for gao and library of congress
employees.--
``(A) Substitution of paid leave.--An employee of
an employer described in section 101(4)(A)(iv) taking
leave under subparagraph (A) or (B) of subsection
(a)(1) may elect to substitute for any such leave any
paid leave which is available to such employee for that
purpose.
``(B) Amount of paid leave.--The paid leave that is
available to an employee of an employer described in
section 101(4)(A)(iv) for purposes of subparagraph (A)
is--
``(i) the number of weeks of paid parental
leave in connection with the birth or placement
involved that correspond to the number of
administrative workweeks of paid parental leave
available to Federal employees under section
6382(d)(3)(A) of title 5, United States Code;
and
``(ii) any additional paid vacation or sick
leave provided by such employer.
``(C) Limitation.--Nothing in this paragraph shall
be considered to require that an employee first use all
or any portion of the leave described in clause (ii) of
subparagraph (B) before being allowed to use the paid
parental leave described in clause (i) of such
subparagraph.
``(D) Additional rules.--Paid parental leave under
subparagraph (B)(i)--
``(i) shall be payable from any
appropriation or fund available for salaries or
expenses for positions with the employer
described in section 101(4)(A)(iv); and
``(ii) if not used by the employee of such
employer before the end of the 12-month period
(as referred to in subsection (a)(1)) to which
it relates, shall not accumulate for any
subsequent use.''.
(b) Effective Date.--The amendment made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 6-month period beginning on the date of the enactment of
this Act.
SEC. 5. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES.
(a) Executive Branch Employees.--For purposes of determining the
eligibility of an employee who is a member of the National Guard or
Reserves to take leave under paragraph (1)(A) or (B) of section 6382(a)
of title 5, United States Code, or to substitute such leave pursuant to
paragraph (2) of such section (as added by section 2), any service by
such employee on active duty (as defined in section 6381(7) of such
title) shall be counted as service as an employee for purposes of
section 6381(1)(B) of such title.
(b) Congressional Employees.--For purposes of determining the
eligibility of a covered employee (as such term is defined in section
101(3) of the Congressional Accountability Act) who is a member of the
National Guard or Reserves to take leave under subparagraph (A) or (B)
of section 102(a)(1) of the Family and Medical Leave Act of 1993
(pursuant to section 202(a)(1) of the Congressional Accountability
Act), or to substitute such leave pursuant to subsection (d) of section
202 of such Act (as added by section 3), any service by such employee
on active duty (as defined in section 101(14) of the Family and Medical
Leave Act of 1993) shall be counted as time during which such employee
has been employed in an employing office for purposes of section
202(a)(2)(B) of the Congressional Accountability Act.
(c) GAO and Library of Congress Employees.--For purposes of
determining the eligibility of an employee of the Government
Accountability Office or Library of Congress who is a member of the
National Guard or Reserves to take leave under subparagraph (A) or (B)
of section 102(a)(1) of the Family and Medical Leave Act of 1993, or to
substitute such leave pursuant to paragraph (3) of section 102(d) of
such Act (as added by section 4), any service by such employee on
active duty (as defined in section 101(14) of such Act) shall be
counted as time
during which such employee has been employed for purposes of section
101(2)(A) of such Act.
Passed the House of Representatives June 4, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Federal Employees Paid Parental Leave Act of 2009 - Allows federal employees to substitute any available paid leave for any leave without pay available for either the: (1) birth of a child; or (2) placement of a child with the employee for either adoption or foster care. Makes available (subject to specified requirements) for any of the 12 weeks of leave an employee is entitled to for such purposes: (1) four administrative weeks of paid parental leave in connection with the birth or placement involved; and (2) any accumulated annual or sick leave.
Authorizes the Director of the Office of Personnel Management (OPM) to promulgate regulations to increase the amount of paid parental leave available to such an employee to a total of eight administrative workweeks, based on the consideration of: (1) the benefits to the federal government, including enhanced recruitment and employee retention; (2) the cost to the government; (3) trends in the private sector and in state and local governments; (4) the federal government's role as a model employer; and (5) the impact of increased paid parental leave on lower-income and economically disadvantaged employees and their children.
Amends the Congressional Accountability Act of 1995 and the Family and Medical Leave Act of 1993 to allow the same substitution for covered congressional employees, Government Accountability Office (GAO) employees, and Library of Congress employees. Counts certain service by an employee of the executive branch, Congress, GAO, or the Library of Congress while on active duty as a member of the National Guard or Reserves as service for that branch or agency for purposes of determining such employee's eligibility to take or substitute leave as provided under this Act. | {"src": "billsum_train", "title": "To provide that 4 of the 12 weeks of parental leave made available to a Federal employee shall be paid leave, and for other purposes."} | 2,437 | 348 | 0.583456 | 1.736175 | 0.762781 | 3.364742 | 6.723404 | 0.927052 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fast and Secure Travel at the
Borders Act of 2007'' or the ``FAST Borders Act of 2007''.
SEC. 2. FINDINGS OF THE 9/11 COMMISSION.
Congress finds that the National Commission on Terrorist Attacks
Upon the United States (commonly referred to as the 9/11 Commission)
concluded the following:
(a) ``The small terrorist travel intelligence collection and
analysis program currently in place has produced disproportionately
useful results. It should be expanded. Since officials at the border
encounter 12 travelers and their documents first and investigate travel
facilitators, they must work closely with intelligence officials.''.
(b) ``Information systems able to authenticate travel documents and
detect potential terrorist indicators should be used at consulates, at
primary border inspection lines, in immigration service offices, and
intelligence and enforcement units.''.
(c) ``The President should direct the Department of Homeland
Security to lead the effort to design a comprehensive screening system,
addressing common problems and setting common standards with systemwide
goals in mind.''.
(d) ``A screening system looks for particular, identifiable
suspects or indicators of risk. It does not involve guesswork about who
might be dangerous. It requires frontline border officials who have the
tools and resources to establish that people are who they say they are,
intercept identifiable suspects, and disrupt terrorist operations.''.
SEC. 3. AUTOMATED TARGETING SYSTEM FOR PERSONS ENTERING OR DEPARTING
THE UNITED STATES.
(a) In General.--The Secretary of Homeland Security, acting through
the Commissioner of Customs and Border Protection, may establish an
automated system for the purpose of the enforcement of United States
law, including laws relating to antiterrorism and border security, to
assist in the screening of persons seeking to enter or depart the
United States (in this section referred to as the ``system'').
(b) Administrative Process To Correct Information.--The Secretary,
acting through the Commissioner, shall ensure that an administrative
process is established, or application of an existing administrative
process is extended, pursuant to which any individual may apply to
correct any information retained by the system established under
subsection (a). Nothing in this section shall be construed as creating
a private right of action and no court shall have jurisdiction based on
any of the provisions of this section to hear any case or claim arising
from the application of the system or the corrective administrative
process established or applied under this subsection.
(c) Rule of Construction.--Nothing in this section shall be
construed as abrogating, diminishing, or weakening the provisions of
any Federal or State law that prevents or protects against the
unauthorized collection or release of personal records.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section.
SEC. 4. PASSENGER AND CREW MANIFESTS FOR VESSELS, VEHICLES, AND
AIRCRAFT ARRIVING IN OR DEPARTING FROM THE UNITED STATES.
Part II of title IV of the Tariff Act of 1930 (19 U.S.C. 1431 et
seq.) is amended by inserting after section 434 the following new
section:
``SEC. 435. PASSENGER AND CREW MANIFESTS FOR VESSELS, VEHICLES, AND
AIRCRAFT ARRIVING IN OR DEPARTING FROM THE UNITED STATES.
``(a) Passenger and Crew Manifests Required.--The Commissioner of
United States Customs and Border Protection of the Department of
Homeland Security may require each vessel, vehicle, and aircraft
arriving in the United States from, or departing the United States to,
a foreign port or place to transmit to United States Customs and Border
Protection a passenger manifest and crew manifest containing the
information set forth in subsection (c) for each such arrival in or
departure from the United States.
``(b) Transmission.--A passenger manifest and crew manifest
required pursuant to subsection (a) shall be transmitted to United
States Customs and Border Protection in advance of arrival in or
departure from the United States in such manner, time, and form as the
Commissioner of United States Customs and Border Protection may
prescribe by regulations.
``(c) Information.--The information to be provided with respect to
each person listed on a passenger manifest or crew manifest required
pursuant to subsection (a) may include--
``(1) the person's complete name, date of birth,
citizenship, gender, passport number and country of issuance,
and alien registration number, if applicable; and
``(2) such other information as the Commissioner of United
States Customs and Border Protection determines is necessary to
enforce the customs, immigration, and other related laws of the
United States, to ensure the transportation security of the
United States, and to protect the national security of the
United States.
``(d) Civil Penalty.--Any person who fails to provide accurate and
full information in a passenger manifest or crew manifest required
pursuant to subsections (a) and (c) or regulations issued thereunder,
or fails to provide the manifest in the manner prescribed pursuant to
subsection (b) or regulations issued thereunder, may be liable for a
civil penalty of not more than $5,000 with respect to each person
listed on the manifest for whom such accurate or full information is
not provided in accordance with such requirements.
``(e) Passenger Name Record Information.--
``(1) Requirement.--The Commissioner of United States
Customs and Border Protection may require each commercial
carrier arriving in the United States from, or departing the
United States to, a foreign port or place to make available to
United States Customs and Border Protection, upon the agency's
request, passenger name record information for each such
arrival in or departure from the United States in such manner,
time, and form as the Commissioner may prescribe by
regulations.
``(2) Civil penalty.--Any person who fails to provide
passenger name record information required pursuant to
paragraph (1) or fails to provide such information in the
manner prescribed by the Commissioner of United States Customs
and Border Protection may be liable for a civil penalty of not
more than $5,000 with respect to each person for whom such
information is not provided in accordance with such
requirements.
``(f) Sharing of Manifest and Passenger Name Record Information
With Other Government Agencies.--The Commissioner of United States
Customs and Border Protection may provide information contained in
passenger and crew manifests and passenger name record information
received pursuant to this section to other government authorities in
order to protect the national security of the United States or as
otherwise authorized by law.
``(g) Consideration of Economic Impact.--Prior to issuing any final
regulation under this section, the Commissioner of United States
Customs and Border Protection shall consult with stakeholders from the
transportation industry and assess the economic impact that the
regulation would have on private industry.
``(h) Savings Clause.--Nothing in this section abrogates,
diminishes, or weakens the provisions of any Federal or State law that
prevents or protects against the unauthorized collection or release of
personal records.''. | Fast and Secure Travel at the Borders Act of 2007 or FAST Borders Act of 2007 - Authorizes the Secretary of Homeland Security, through the Commissioner of Customs and Border Protection, to establish an automated system for the purpose of the enforcement of U.S. law, including antiterrorism and border security law, to assist in the screening of persons seeking to enter or depart the United States.
States that: (1) such system shall provide an administrative process for an individual to apply to correct any information retained by the system; and (2) such corrective process shall not be construed as creating a private right of action and no court shall have jurisdiction on any case or claim arising from the application of such system or corrective administrative process.
Authorizes: (1) the Commissioner of Customs and Border Protection to require each vessel, vehicle, and aircraft arriving in the United States from, or departing the United States to, a foreign port or place to transmit to United States Customs and Border Protection a passenger manifest and crew manifest; (2) a civil penalty for non-compliance; and (3) sharing of manifest and passenger name record information with other government agencies. | {"src": "billsum_train", "title": "To protect the United States by targeting terrorists at the border, and for other purposes."} | 1,599 | 242 | 0.596841 | 1.893156 | 0.895104 | 6.031111 | 6.413333 | 0.964444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bullying Redress and Verified
Enforcement Act'' or the ``BRAVE Act''.
SEC. 2. REPORTING REQUIREMENTS.
Title IX of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801 et seq.) is amended by inserting after section 9534 the
following:
``SEC. 9534A. BULLYING.
``(a) Official Reporting Requirements.--
``(1) Report of bullying.--
``(A) In general.--Subject to subparagraph (B), a
local educational agency shall require an employee of
the local educational agency who becomes aware of
bullying to report to the individual designated under
paragraph (2) by not later than 7 business days after
becoming aware of such bullying a description of--
``(i) the acts that constituted bullying;
``(ii) if the bullying included a reference
to or was motivated by an actual or perceived
protected characteristic of the victim, such
protected characteristic; and
``(iii) the response to such bullying by
employees of the local educational agency.
``(B) Exception.--Notwithstanding subparagraph (A),
in the case of an employee of a local educational
agency who is informed of bullying by a student
attending a school served by the local educational
agency, but the student requests that such bullying not
be reported by the employee, the employee shall not be
required to report such bullying under subparagraph
(A).
``(2) Receipt of reports.--A local educational agency shall
designate an individual to receive reports of bullying and
shall inform each employee of the local educational agency of
the contact information of the individual so designated.
``(3) Reporting to the local educational agency.--Not later
than 60 days after the date of the receipt of a report under
paragraph (1), the individual designated under paragraph (2)
shall inform all employees of the local educational agency of
the acts described and the response by employees of the local
educational agency and shall exclude any personally
identifiable information of any student involved.
``(4) Publicly available quarterly reports.--
``(A) In general.--Subject to subparagraph (B), a
local educational agency shall publish and make
available to all students served by the local
educational agency and parents of such students a
report on a quarterly basis that--
``(i) summarizes the bullying reported
since the previous quarterly report;
``(ii) summarizes the responses by
employees of the local educational agency to
such bullying;
``(iii) excludes any personally
identifiable information of any student
involved; and
``(iv) informs the public of the right to
file a complaint under subsection (b)(2).
``(B) Exception.--A local educational agency shall
not publish a report under subparagraph (A) in a case
in which such publication would reveal personally
identifiable information about an individual student.
``(5) Annual policy review.--Each local educational agency
shall review, on an annual basis, the policies on bullying for
schools served by the local educational agency.
``(b) Federal Enforcement.--
``(1) Condition of federal funding.--As a condition of
receiving funds under this Act, a local educational agency
shall--
``(A) annually certify to the Secretary in writing
that such local educational agency has complied with
this section; and
``(B) together with such certification, submit the
4 most recent quarterly reports published preceding
such certification pursuant to subsection (a)(4).
``(2) Federal receipt of complaints.--The Assistant
Secretary who serves as the head of the Office of Civil Rights
for the Department of Education shall--
``(A) establish a procedure for a student of a
local educational agency, a parent of such student, or
another appropriate individual to submit to the
Assistant Secretary a complaint relating to a failure
to comply with this section; and
``(B) publish such procedure on the Internet
website of the Department of Education.
``(3) Federal response to complaints.--After receiving a
complaint pursuant to paragraph (2), the Assistant Secretary
shall--
``(A) investigate such complaint to determine if a
local educational agency failed to comply with this
section; and
``(B) if such local educational agency is
determined under subparagraph (A) to have failed to
comply with this section--
``(i) withhold further payment of funds
under this Act to such local educational
agency;
``(ii) issue a complaint to compel
compliance of such local educational agency
through a cease and desist order; or
``(iii) enter into a compliance agreement
with such local educational agency to bring it
into compliance with this section,
in the same manner as the Secretary is authorized to
take such actions under sections 455, 456, and 457,
respectively, of the General Education Provisions Act.
``(4) Public availability of information about
complaints.--Not later than 60 days after receiving a complaint
pursuant to subsection (b)(2), the Assistant Secretary shall
make available on the Internet website of the Department of
Education information about such complaint, which shall--
``(A) if the bullying included a reference to or
was motivated by an actual or perceived protected
characteristic of the victim, include a description of
such protected characteristic; and
``(B) exclude any personally identifiable
information of any student involved.
``(c) Definitions.--In this section:
``(1) Bullying.--The term `bullying' means any severe,
pervasive, or persistent electronic, written, verbal, or
physical act by one student or a group of students toward
another student during school hours and on school premises, or
at a school-sponsored activity outside of school hours, that
causes--
``(A) harm to or reasonable concern for the person,
property, or mental health of such other student; or
``(B) such other student to withdraw from or avoid
benefitting from the services, activities, or
opportunities offered by the school.
``(2) Protected characteristic.--The term `protected
characteristic' includes race, color, sex, religion, national
origin, disability, gender, gender identity, and sexual
orientation.''. | Bullying Redress and Verified Enforcement Act or the BRAVE Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require the employees of local educational agencies (LEAs) who become aware of bullying to report to an LEA-designated individual, within seven business days: (1) the acts that constituted bullying; (2) the protected characteristic of the victim if the bullying included a reference to or was motivated by such an actual or perceived protected characteristic; and (3) the response of the LEA's employees. Requires the LEA-designated individual, within 60 days after receiving such a report, to inform all the LEA's employees of the acts described and the response of the LEA's employees. Requires each LEA to annually review its policies on bullying. Directs each LEA to publish and make available to all of its students and their parents a quarterly report that: (1) summarizes the bullying reported since the previous quarterly report, (2) summarizes the responses to such bullying by the LEA's employees, (3) excludes any personally identifiable information of any student involved, and (4) informs the public of the right to file a complaint with the Office of Civil Rights for the Department of Education regarding the LEA's failure to comply with this Act's requirements. Directs the Assistant Secretary who heads the Office of Civil Rights to: (1) establish the complaint procedure and publish it on the Department's website; (2) investigate each complaint to determine if the LEA complied with this Act's requirements; (3) withhold ESEA funds from, issue a complaint against, or enter into a compliance agreement with a noncompliant LEA to bring it into compliance; and (4) make information about each complaint available on the Department's website. Conditions each LEA's receipt of ESEA funds on the LEA: (1) annually certifying to the Secretary of Education in writing that it is in compliance with this Act's requirements, and (2) submitting its four most recent quarterly reports on bullying. | {"src": "billsum_train", "title": "BRAVE Act"} | 1,382 | 436 | 0.636304 | 1.872456 | 0.884176 | 2.697436 | 3.364103 | 0.871795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Federal File Sharing Act''.
SEC. 2. REQUIREMENTS.
(a) Updated Guidance on Use of Certain Software Programs.--Not
later than 90 days after the date of the enactment of this Act, the
Director of the Office of Management and Budget, after consultation
with the Federal Chief Information Officers Council, shall issue
guidance on the use of peer-to-peer file sharing software--
(1) to prohibit the download, installation, or use by
Government employees and contractors of open-network peer-to-
peer file sharing software on all Federal computers, computer
systems, and networks, including those operated by contractors
of the Government, unless such software is approved in
accordance with procedures under subsection (b); and
(2) to address the download, installation, or use by
Government employees and contractors of such software on home
or personal computers as it relates to telework and remotely
accessing Federal computers, computer systems, and networks,
including those operated by contractors of the Government.
(b) Approval Process for Certain Software Programs.--Not later than
90 days after the date of the enactment of this Act, the Director of
the Office of Management and Budget shall develop a procedure by which
the Director, in consultation with the Chief Information Officer, may
receive requests from heads of agencies or chief information officers
of agencies for approval for use by Government employees and
contractors of specific open-network peer-to-peer file sharing software
programs that are--
(1) necessary for the day-to-day business operations of the
agency;
(2) instrumental in completing a particular task or project
that directly supports the agency's overall mission;
(3) necessary for use between, among, or within Federal,
State, or local government agencies in order to perform
official agency business; or
(4) necessary for use during the course of a law
enforcement investigation.
(c) Agency Responsibilities.--Not later than 180 days after the
date of enactment of this Act, the Director of the Office of Management
and Budget shall--
(1) direct agencies to establish or update personal use
policies of the agency to be consistent with the guidance
issued pursuant to subsection (a);
(2) direct agencies to require any contract awarded by the
agency to include a requirement that the contractor comply with
the guidance issued pursuant to subsection (a) in the
performance of the contract;
(3) direct agencies to update their information technology
security or ethics training policies to ensure that all
employees, including those working for contractors of the
Government, are aware of the requirements of the guidance
required by subsection (a) and the consequences of engaging in
prohibited conduct; and
(4) direct agencies to ensure that proper security controls
are in place to prevent, detect, and remove file sharing
software that is prohibited by the guidance issued pursuant to
subsection (a) from all Federal computers, computer systems,
and networks, including those operated by contractors of the
Government.
SEC. 3. ANNUAL REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Director of the Office of
Management and Budget shall submit to the Committee on Oversight and
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
the implementation of this Act, including--
(1) a justification for each open-network peer-to-peer file
sharing software program that is approved under subsection (b);
and
(2) an inventory of the agencies where such programs are
being used.
(b) Rule of Construction.--Nothing in this section shall be
construed to require the disclosure of any information relating to any
confidential Government operation or investigation, including any law
enforcement, national security, or terrorism investigation.
SEC. 4. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency''--
(A) means any executive department, military
department, Government corporation, Government-
controlled corporation, or other establishment in the
executive branch of the Government (including the
Executive Office of the President), or any independent
regulatory agency, the governments of the District of
Columbia and of the territories and possessions of the
United States, and their various subdivisions; and
(B) includes Government-owned contractor-operated
facilities, including laboratories engaged in national
defense research and production activities.
(2) Open-network.--The term ``open-network'', with respect
to software, means a network in which--
(A) access is granted freely, without limitation or
restriction; or
(B) there are little or no security measures in
place.
(3) Peer-to-peer file sharing software.--The term ``peer-
to-peer file sharing software''--
(A) means a program, application, or software that
is commercially marketed or distributed to the public
and that enables--
(i) a file or files on the computer on
which such program is installed to be
designated as available for searching and
copying to one or more other computers;
(ii) the searching of files on the computer
on which such program is installed and the
copying of any such file to another computer--
(I) at the initiative of such other
computer and without requiring any
action by an owner or authorized user
of the computer on which such program
is installed; and
(II) without requiring an owner or
authorized user of the computer on
which such program is installed to have
selected or designated another computer
as the recipient of any such file; and
(iii) an owner or authorized user of the
computer on which such program is installed to
search files on one or more other computers
using the same or a compatible program,
application, or software, and copy such files
to such owner or user's computer; and
(B) does not include a program, application, or
software designed primarily--
(i) to operate as a server that is
accessible over the Internet using the Internet
Domain Name system;
(ii) to transmit or receive email messages,
instant messaging, real-time audio or video
communications, or real-time voice
communications; or
(iii) to provide network or computer
security (including the detection or prevention
of fraudulent activities), network management,
maintenance, diagnostics, or technical support
or repair.
(4) Contractor.--The term ``contractor'' means a prime
contractor or a subcontractor, as defined by the Federal
Acquisition Regulation. | Secure Federal File Sharing Act - Requires the Director of the Office of Management and Budget (OMB) to issue guidance to: (1) prohibit the download, installation, or use by government employees and contractors of open-network peer-to-peer file sharing software on all federal computers, computer systems, and networks, unless approved in accordance with procedures under this Act; and (2) address the download, installation, or use by government employees and contractors of such software on home or personal computers as it relates to telework and remotely accessing federal computers, computer systems, and networks.
Requires the Director to develop a procedure for receiving requests from heads or chief information officers of agencies for approval for use by government employees and contractors of specific open-network peer-to-peer file sharing software programs that are: (1) necessary for day-to-day business operations, for use in the course of a law enforcement investigation, or to perform official agency business; or (2) instrumental in completing a particular task or project that directly supports the agency's overall mission.
Requires the Director to direct agencies to: (1) establish or update personal use policies to be consistent with the guidance issued under this Act; (2) require contracts to require contractor compliance with that guidance; (3) update their information technology security or ethics training policies to ensure that all employees are aware of the requirements of that guidance and the consequences of engaging in prohibited conduct; and (4) ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited.
Provides that nothing in this Act shall be construed to require the disclosure of any information relating to any confidential government operation or investigation. | {"src": "billsum_train", "title": "A bill to require the Director of the Office of Management and Budget to issue guidance on the use of peer-to-peer file sharing software to prohibit the personal use of such software by Government employees, and for other purposes."} | 1,388 | 354 | 0.811337 | 2.633784 | 0.916198 | 6.138235 | 4.052941 | 0.973529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zero Chlorine Discharge Act''.
SEC. 2. ZERO DISCHARGE OF TOXIC PERSISTENT AND BIOACCUMULATIVE
SUBSTANCES.
(a) Findings.--Congress finds the following:
(1) Substances that persist or bioaccumulate, or both, in
the environment build to higher and higher concentration over
time, reaching their greatest levels in the tissues of species
high on the food chain, including humans.
(2) Toxic substances that persist or bioaccumulate, or
both, in the environment are biologically active in
infinitesimal quantities, causing reproductive failure, birth
defects, developmental impairment, hormonal disruption,
behavioral disorders, immune suppression, and cancer at low
doses, and mixtures of these substances may cause these effects
at even lower doses.
(3) Regulatory approaches that permit even limited
production and discharge of toxic substances that persist or
bioaccumulate, or both, in the environment result in the
accumulation of these substances in the environment and food
chain over time and subsequent damage to the health of humans
and other species.
(4) The most favored method of preventing the continued
contamination of the environment from persistent or
bioaccumulative toxic substances is to phaseout their
production and use over time and to replace these substances or
the processes that produce them, or both, with safer
alternatives.
(5) Among the persistent and bioaccumulative toxic
substances of greatest concern are organochlorines discharged
in the production of pulp and paper as a result of the use of
chlorine or any other chlorinated oxidizing agent in the pulp
and paper manufacturing process.
(6) The Great Lakes Water Quality Agreement between the
United States and Canada concludes that ``the discharge of
toxic substances in toxic amounts be prohibited and the
discharge of any or all persistent toxic substances be
virtually eliminated''.
(7) In the Sixth Biennial Report on Great Lakes Water
Quality, the International Joint Commission on Great Lakes
Water Quality concluded as follows: ``The concepts of virtual
elimination and zero discharge are consistent and a clear
statement or direction to take to achieve the Agreement's
purpose. The overall strategy or aim regarding persistent toxic
substances is virtual elimination, and the tactic or method to
be used to achieve the aim is through zero input or discharge
of those substances created as a result of human activity.''.
(b) Zero Discharge of Organochlorine Compounds, Byproducts, and
Metabolites.--Title III of the Federal Water Pollution Control Act (33
U.S.C. 1311-1330) is amended by adding at the end the following:
``SEC. 321. DISCHARGE OF ORGANOCHLORINE COMPOUNDS, BYPRODUCTS, AND
METABOLITES.
``(a) Zero Discharge.--
``(1) Requirement for pulp and paper manufacturing
facilities.--Effective 5 years after the date of the enactment
of this section, each pulp and paper manufacturing facility
shall achieve zero discharge into the navigable waters of
organochlorine compounds, byproducts, and metabolites
formulated as a result of the use of chlorine or any other
chlorinated oxidizing agent in the pulp and paper manufacturing
process.
``(2) Permits.--
``(A) Compliance with zero discharge requirement.--
Effective 5 years after the date of the enactment of
this section, any permit issued under section 402 by
the Administrator or a State (in the case of a State
with an approved permit program under section 402(b))
to a pulp and paper manufacturing facility that uses
chlorine or any other chlorinated oxidizing agent shall require
compliance with the zero discharge requirement set forth in paragraph
(1).
``(B) Applicability.--Subparagraph (A) shall apply
to any permit issued on, before, or after the date of
the enactment of this section.
``(b) Safe Alternatives Assistance.--
``(1) Evaluation of alternatives; report.--Not later than 1
year after the date of the enactment of this section, the
Administrator shall--
``(A) evaluate alternatives to the use of
organochlorines in the manufacturing of pulp and paper;
and
``(B) publish a report on the transfer of
technology in the pulp and paper industry from
organochlorine to chlorine-free technology as a model
for pollution prevention.
``(2) Technical information and support.--Not later than 18
months after the date of the enactment of this section, the
Administrator shall begin providing technical information and
support to assist permit applicants in the use of alternatives
to organochlorine compounds in the production of pulp and
paper.
``(c) Report to Congress on Organochlorine Zero Discharge
Candidates.--
``(1) Study and report.--The Administrator shall--
``(A) conduct a study on nonpoint sources and
industrial discharges of organochlorine compounds and
their byproducts and metabolites into the navigable
waters; and
``(B) transmit to Congress a report containing the
results of the study not later than 18 months after the
date of the enactment of this section
``(2) Contents of report.--The report to be transmitted
under paragraph (1) shall contain, at a minimum, the following:
``(A) A listing of all types or categories of
nonpoint sources and industrial discharges of
organochlorine compounds and their byproducts and
metabolites into the navigable waters.
``(B) A listing of the annual quantities of each
organochlorine compound discharged into the navigable
waters nationally and by permitted facility, together
with a list of each permitted facility's location and
quantities of combined organochlorine compound
discharges into the navigable waters.
``(C) Recommendations for achieving a zero
discharge policy for important categories of
organochlorine pollution sources.
``(3) Advisory panel.--
``(A) Establishment.--The Administrator shall
convene an advisory panel to assist the Administrator
in developing recommendations under paragraph (3)(C).
``(B) Membership.--The panel shall consist of 15
members, including--
``(i) at least 1 independent expert in each
of the fields of public health, occupational
health, technology change, toxics use
reduction, and ecology;
``(ii) 2 affected citizens; and
``(iii) technical and policy experts from
industry, labor, and public interest groups and
State environmental agencies.
``(C) Public hearings and comments.--The advisory
panel shall conduct public hearings and solicit public
and expert comments in assisting the Administrator
under this paragraph.
``(d) Zero Discharge Defined.--For the purposes of this section,
the term `zero discharge' means absolutely no output or release,
including nonpoint source output or release, into water. The term `zero
discharge' does not mean a less than detectable output or release.''. | Zero Chlorine Discharge Act - Amends the Federal Water Pollution Control Act to require pulp and paper manufacturing facilities to achieve zero discharge into the navigable waters of organochlorine compounds, byproducts, or metabolites formulated as a result of the use of chlorine or any other chlorinated oxidizing agent in the pulp and paper manufacturing process.
Requires permits for paper and pulp mills which use chlorine or chlorinated oxidizing agents to require compliance with the zero discharge requirement.
Directs the Administrator of the Environmental Protection Agency to: (1) evaluate alternatives to the use of organochlorines in pulp and paper manufacturing and to publish a report on the transfer to chlorine-free technology in the pulp and paper industry as a model for pollution prevention; (2) provide technical information and support to assist permit applicants in the use of such alternatives; (3) study and report to the Congress on nonpoint sources and industrial discharges of organochlorine compounds and their byproducts and metabolites into navigable waters; and (4) convene an advisory panel to assist in developing recommendations for achieving a zero discharge policy for organochlorine pollution sources. | {"src": "billsum_train", "title": "Zero Chlorine Discharge Act"} | 1,534 | 247 | 0.531721 | 1.629611 | 0.909615 | 4.556098 | 6.663415 | 0.936585 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Gallatin Land Consolidation Act of
1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the land north of Yellowstone National Park possesses
outstanding natural characteristics and wildlife habitats that
would make the land a highly valuable addition to the National
Forest System;
(2) it is in the interest of the United States for the
Secretary of Agriculture to enter into an Option Agreement for
the acquisition of land owned by Big Sky Lumber Co.; and
(3) it is in the interest of the United States to--
(A) establish a logical and effective ownership
pattern for the Gallatin National Forest, substantially
reducing long-term costs for taxpayers; and
(B) consolidate the Gallatin National Forest in a
manner that will enable the public to have access to
and enjoy the many recreational uses of the land.
SEC. 3. DEFINITIONS.
In this Act:
(1) BSL.--The term ``BSL'' means Big Sky Lumber Co., an
Oregon joint venture, and its successors and assigns, and any
other entities having a property interest in the BSL land.
(2) BSL land.--The term ``BSL land'' means the up to
approximately 55,000 acres of land owned by BSL that is to be
acquired by the Secretary of Agriculture, as depicted in
Exhibit A to the Option Agreement.
(3) Exchange agreement.--The term ``Exchange Agreement''
means the agreement entered into between BSL and the Secretary
of Agriculture under section 4(e).
(4) Option agreement.--The term ``Option Agreement'' means
the agreement dated ________ and entitled ``Option Agreement
for the Acquisition of Big Sky Lumber Co. Lands Pursuant to the
Gallatin Range Consolidation and Protection Act of 1993'' and
the exhibits and maps attached to the agreement.
SEC. 4. GALLATIN LAND CONSOLIDATION COMPLETION.
(a) In General.--If BSL offers fee title to the BSL land, including
mineral interests, that is acceptable to the United States--
(1) the Secretary of Agriculture shall accept a warranty
deed to the BSL land;
(2) the Secretary of Agriculture shall convey to BSL,
subject to valid existing rights and to such other terms,
conditions, reservations, and exceptions as may be agreed on by
the Secretary of Agriculture and BSL, fee title to up to
approximately 25,000 acres of National Forest System land and
appurtenances thereto as depicted in Exhibit B to the Option
Agreement;
(3) the Secretary of Agriculture shall grant to BSL timber
harvest rights to up to approximately 50,000,000 board feet of
timber in accordance with subsection (c) and as described in
Exhibit C to the Option Agreement;
(4) subject to availability of funds, the Secretary of
Agriculture shall purchase land belonging to BSL in the Taylor
Fork area, as depicted in Exhibit D, at a purchase price of not
more than $6,500,000; and
(5) the Secretary of the Interior shall convey to BSL, by
patent or otherwise, subject to valid existing rights and to
such other terms, conditions, reservations, and exceptions as
may be agreed to by the Secretary of the Interior and BSL, fee
title to approximately 1,860 acres of Bureau of Land Management
land, as depicted in Exhibit B to the Option Agreement.
(b) Valuation.--The property and other assets exchanged by BSL and
the United States under subsection (a) shall be approximately equal in
value, as determined by the Secretary of Agriculture.
(c) Timber Harvest Rights.--
(1) In general.--The Secretary of Agriculture shall
prepare, grant to BSL, and administer the timber harvest rights
identified in Exhibit C to the Option Agreement, over a period
of 5 consecutive years after the date of enactment of this Act.
(2) Entire timber sale program of the gallatin national
forest.--Timber harvest volume shall constitute the timber sale
program for the Gallatin National Forest for that 5-year
period.
(3) Substitution.--If exceptional circumstances, such as
natural catastrophe, changes in law or policy, or extraordinary
environmental or financial circumstances prevent the Secretary
of Agriculture from conveying the timber harvest rights
identified in Exhibit C to the Option Agreement, the Secretary
of Agriculture shall replace the value of the diminished
harvest rights by--
(A) substituting equivalent timber harvest rights
volume from the same market area;
(B) conveying national forest lands containing
merchantable timber within the Gallatin National
Forest; or
(C) making a payment from funds made available to
the Secretary of Agriculture out of the Land and Water
Conservation Fund.
(4) Procedures.--
(A) In general.--The following procedures shall
apply to all national forest timber harvest rights
identified for exchange under subsection (a):
(i) Identification of timber.--The
Secretary of Agriculture shall designate
Federal timber, as depicted in Exhibit C to the
Option Agreement, for exchange to BSL.
(ii) Harvest schedule.--The Secretary of
Agriculture and BSL shall mutually develop and
agree upon schedules for all national forest
timber to be conveyed to BSL in the exchange.
(iii) Open market.--All timber harvest
rights granted to BSL in the exchange shall be
offered for sale by BSL through the competitive
bid process.
(iv) Small business.--All timber harvest
rights granted to BSL in the exchange shall be
subject to compliance by BSL with Forest
Service small business program procedures in
effect as of the date of enactment of this Act,
including contractual provisions for payment
schedules, harvest schedules, and bonds.
(v) Compliance with option and exchange
agreements.--All timber harvest rights granted
to BSL in the exchange and all timber harvested
under the exchange shall comply with the terms
of the Option Agreement and the Exchange
Agreement.
(B) Binding effect.--The procedures under
subparagraph (A) shall be binding on BSL and its
assigns, contractors, and successors in interest.
(d) Exchange Agreement.--
(1) In general.--The Secretary of Agriculture shall offer
to enter into an Exchange Agreement with BSL that--
(A) describes the non-Federal and Federal land and
interests in lands to be exchanged;
(B) identifies the terms, conditions, reservations,
exceptions, and rights-of-way conveyances; and
(C) describes the terms for the harvest rights of
timber granted under subsection (a)(3).
(2) Consistency.--The Exchange Agreement shall be
consistent with this Act and the Option Agreement.
(3) Submission to congress.--
(A) In general.--On completion of the Exchange
Agreement, the Secretary of Agriculture shall submit
the Exchange Agreement to the Committee on Energy and
Natural Resources of the Senate, the Committee on
Resources of the House of Representatives, and each
member of the Montana congressional delegation; and
(B) Delayed effectiveness.--The Exchange Agreement
shall not take effect until 30 days after the date on
which the Exchange Agreement is submitted in accordance
with subparagraph (A).
(e) Rights-of-Way.--As part of the exchange under subsection (a)--
(1) the Secretary of Agriculture, under the authority of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), shall convey to BSL such easements in or other
rights-of-way over National Forest System land as may be
agreed to by the Secretary of Agriculture and BSL in the Exchange
Agreement; and
(2) BSL shall convey to the United States such easements in
or rights-of-way over land owned by BSL as may be agreed to by
the Secretary of Agriculture and BSL in the Exchange Agreement.
(f) Quality of Title.--
(1) Determination.--The Secretary of Agriculture shall
review the title for the BSL land described in subsection (a)
and, within 60 days after receipt of all applicable title
documents from BSL, determine whether--
(A) the applicable title standards for Federal land
acquisition have been satisfied or the quality of the
title is otherwise acceptable to the Secretary of
Agriculture;
(B) all draft conveyances and closing documents
have been received and approved;
(C) a current title commitment verifying compliance
with applicable title standards has been issued to the
Secretary of Agriculture; and
(D) except as provided in section 8(b) (i)-(iii) of
the Gallatin Range Consolidation and Protection Act of
1993 (107 Stat. 992), the title includes both the
surface and subsurface estates without reservation or
exception (except by the United States or the State of
Montana, by patent) including--
(i) minerals, mineral rights, and mineral
interests;
(ii) timber, timber rights, and timber
interests;
(iii) water, water rights, and ditch
conveyances; and
(iv) any other interest in the property.
(2) Conveyance of title.--If the quality of title does not
meet Federal standards or is otherwise determined to be
unacceptable to the Secretary of Agriculture, the Secretary of
Agriculture shall advise BSL regarding corrective actions
necessary to make an affirmative determination under
subparagraph (1).
(g) Timing of Implementation.--
(1) Exchange agreement.--The Exchange Agreement shall be
completed and executed not later than 60 days after the date of
enactment of this Act.
(2) Land-for-land exchange.--The Secretary of Agriculture
shall accept the conveyance of land described in subsection (a)
not later than 60 days after the Secretary of Agriculture has
entered into the Exchange Agreement and made an affirmative
determination of quality of title.
(3) Land-for-timber exchange.--The Secretary of Agriculture
shall make the timber harvest rights described in subsection
(a)(3) available over 5 consecutive years following the date of
enactment of this Act. Specific procedures for execution of the
harvest rights shall be specified in the Exchange Agreement.
(4) Purchase.--The Secretary of Agriculture shall complete
the purchase of BSL land under subsection (a)(4) not later than
60 days after the date on which appropriated funds are made
available and an affirmative determination of quality of title
is made with respect to the BSL land.
SEC. 5. GENERAL PROVISIONS.
(a) Minor Corrections.--
(1) In general.--The Option Agreement and the Exchange
Agreement shall be subject to such minor corrections as may be
agreed to by the Secretary of Agriculture and BSL.
(2) Notification.--The Secretary of Agriculture shall
notify the Committee on Energy and Natural Resources of the
Senate, the Committee on Resources of the House of
Representatives, and each member of the Montana congressional
delegation of any changes made pursuant to this subsection.
(b) Public Availability.--The Option Agreement and Exchange
Agreement shall be filed with the county clerks for Gallatin County,
Park County, Madison County, and Granite County, Montana, and shall be
on file and available for public inspection in the appropriate offices
of the Forest Service.
(c) Status of Land.--All land conveyed to the United States under
this Act shall be added to and administered as part of the Gallatin
National Forest and Deerlodge National Forest, as appropriate, in
accordance with the Act of March 1, 1911 (commonly known as the ``Weeks
Act'') (36 Stat. 961, chapter 186), and other laws (including
regulations) pertaining to the National Forest System.
(d) Implementation.--The Secretary of Agriculture shall ensure that
sufficient funds are made available to the Gallatin National Forest to
carry out this Act. | Gallatin Land Consolidation Act of 1998 - Authorizes a land exchange (for inclusion in the Gallatin National Forest) between the Secretaries of Agriculture and the Interior and the Big Sky Lumber Company (BSL).
Provides that if BSL offers fee title to specified land that is acceptable to the United States, the Secretary of: (1) Agriculture shall accept a warranty deed to the land, convey to BSL (subject to specified limitations) fee title to up to 25,000 acres of National Forest System land, grant to BSL timber harvest rights to up to 50 million board feet of timber, and (subject to availability of funds) purchase land belonging to BSL in the Taylor Fork area at a purchase price of up to $6.5 million; and (2) the Interior shall convey fee title to approximately 1,860 acres of Bureau of Land Management land.
Requires that the property and other assets exchanged by BSL and the United States be approximately equal in value, as determined by the Secretary of Agriculture.
Directs the Secretary of Agriculture to prepare, grant to BSL, and administer specified timber harvest rights over a period of five consecutive years. Specifies that timber harvest volume shall constitute the timber sale program for the Gallatin National Forest for that five-year period. Directs such Secretary, if exceptional circumstances prevent the Secretary from conveying such rights, to replace the value of the diminished harvest rights by substituting equivalent timber harvest rights volume from the same market area, conveying national forest lands containing merchantable timber with such Forest, or making a payment from funds from the Land and Water Conservation Fund.
Sets forth provisions regarding: (1) procedures applicable to all national forest timber harvest rights identified for exchange; (2) the exchange agreement; (3) rights-of-way; (4) quality of title; and (5) timing of implementation of the exchange agreement. | {"src": "billsum_train", "title": "Gallatin Land Consolidation Act of 1998"} | 2,517 | 392 | 0.697962 | 2.336129 | 0.887901 | 3.766484 | 6.425824 | 0.931319 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legal Employee Verification Act''.
SEC. 2. DOCUMENT AND VISA REQUIREMENTS.
(a) In General.--Section 221(a) of the Immigration and Nationality
Act (8 U.S.C. 1201(a)) is amended by adding at the end the following:
``(3) Visas and Immigration Related Document Requirements.--
``(A) Visas issued by the Secretary of State and
immigration related documents issued by the Secretary of State
or the Secretary of Homeland Security shall comply with
authentication and biometric standards recognized by domestic
and international standards organizations.
``(B) Such visas and documents shall--
``(i) be machine-readable and tamper-resistant;
``(ii) use biometric identifiers that are
consistent with the requirements of section 303 of the
Enhanced Border Security and Visa Entry Reform Act of
2002 (8 U.S.C. 1732), and represent the benefits and
status set forth in such section;
``(iii) comply with the biometric and document
identifying standards established by the International
Civil Aviation Organization; and
``(iv) be compatible with the United States Visitor
and Immigrant Status Indicator Technology and the
employment verification system established under
section 274E.
``(C) The information contained on the visas or immigration
related documents described in subparagraph (B) shall include--
``(i) the alien's name, date and place of birth,
alien registration or visa number, and, if applicable,
social security number;
``(ii) the alien's citizenship and immigration
status in the United States; and
``(iii) the date that such alien's authorization to
work in the United States expires, if appropriate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 6 months after the date of enactment of
this Act.
SEC. 3. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.
(a) In General.--Chapter 8 of title II of the Immigration and
Nationality Act (8 U.S.C. 1321 et seq.) is amended by inserting after
section 274D the following:
``employment eligibility
``Sec. 274E. (a) Employment Eligibility Confirmation System.--
``(1) In general.--The Commissioner of Social Security, in
consultation and coordination with the Secretary of Homeland
Security, shall establish an Employment Eligibility
Confirmation System (referred to in this section as the
`System') through which the Commissioner responds to inquiries
made by employers who have hired individuals concerning each
individual's identity and employment authorization.
``(2) Maintenance of records.--The Commissioner shall
electronically maintain records by which compliance under the
System may be verified.
``(3) Objectives of the system.--The System shall--
``(A) facilitate the eventual transition for all
businesses from the employer verification system
established in section 274A with the System; and
``(B) utilize, as a central feature of the System,
machine-readable documents that contain encrypted
electronic information to verify employment
eligibility.
``(4) Initial response.--The System shall provide--
``(A) confirmation or a tentative nonconfirmation
of an individual's identity and employment eligibility
not later than 1 working day after the initial inquiry;
and
``(B) an appropriate code indicating such
confirmation or tentative nonconfirmation.
``(5) Secondary verification process in case of tentative
nonconfirmation.--
``(A) Establishment.--For cases of tentative
nonconfirmation, the Commissioner of Social Security,
in consultation and coordination with the Secretary of
Homeland Security, shall establish a secondary
verification process. The employer shall make the
secondary verification inquiry not later than 10 days
after receiving a tentative nonconfirmation.
``(B) Discrepancies.--If an employee chooses to
contest a secondary nonconfirmation, the employer shall
provide the employee with a referral letter and
instruct the employee to visit an office of the
Department of Homeland Security or the Social Security
Administration to resolve the discrepancy not later
than 10 working days after the receipt of such referral
letter in order to obtain confirmation.
``(C) Failure to contest.--An individual's failure
to contest a confirmation shall not constitute
knowledge (as defined in section 274a.1(l) of title 8,
Code of Federal Regulations, as in effect on the date
of the enactment of the Legal Employee Verification
Act).
``(6) Design and operation of system.--The System shall be
designed, implemented, and operated--
``(A) to maximize its reliability and ease of use
consistent with protecting the privacy and security of
the underlying information through technical and
physical safeguards;
``(B) to allow employers to verify that a newly
hired individual is authorized to be employed;
``(C) to permit individuals to--
``(i) view their own records in order to
ensure the accuracy of such records; and
``(ii) contact the appropriate agency to
correct any errors through an expedited process
established by the Commissioner of Social
Security, in consultation and coordination with
the Secretary of Homeland Security; and
``(D) to prevent discrimination based on national
origin or citizenship status under section 274B.
``(7) Unlawful uses of system.--It shall be an unlawful
immigration-related employment practice--
``(A) for employers or other third parties to use
the System selectively or without authorization;
``(B) to use the System prior to an offer of
employment;
``(C) to use the System to exclude certain
individuals from consideration for employment as a
result of a perceived likelihood that additional
verification will be required, beyond what is required
for most job applicants;
``(D) to use the System to deny certain employment
benefits, otherwise interfere with the labor rights of
employees, or any other unlawful employment practice;
or
``(E) to take adverse action against any person,
including terminating or suspending an employee who has
received a tentative nonconfirmation.
``(b) Employment Eligibility Database.--
``(1) Requirement.--The Commissioner of Social Security, in
consultation and coordination with the Secretary of Homeland
Security and other appropriate agencies, shall design,
implement, and maintain an Employment Eligibility Database
(referred to in this section as the `Database') as described in
this subsection.
``(2) Data.--The Database shall include, for each
individual who is not a citizen or national of the United
States, but is authorized or seeking authorization to be
employed in the United States, the individual's--
``(A) country of origin;
``(B) immigration status;
``(C) employment eligibility;
``(D) occupation;
``(E) metropolitan statistical area of employment;
``(F) annual compensation paid;
``(G) period of employment eligibility;
``(H) employment commencement date; and
``(I) employment termination date.
``(3) Reverification of employment eligibility.--The
Commissioner of Social Security shall prescribe, by regulation,
a system to annually reverify the employment eligibility of
each individual described in this section--
``(A) by utilizing the machine-readable documents
described in section 221(a)(3); or
``(B) if machine-readable documents are not
available, by telephonic or electronic communication.
``(4) Confidentiality.--
``(A) Access to database.--No officer or employee
of any agency or department of the United States, other
than individuals responsible for the verification of
employment eligibility or for the evaluation of the
employment verification program at the Social Security
Administration, the Department of Homeland Security,
and the Department of Labor, may have access to any
information contained in the Database.
``(B) Protection from unauthorized disclosure.--
Information in the Database shall be adequately
protected against unauthorized disclosure for other
purposes, as provided in regulations established by the
Commissioner of Social Security, in consultation with
the Secretary of Homeland Security and the Secretary of
Labor.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
design, implement, and maintain the Database.
``(c) Gradual Implementation.--The Commissioner of Social Security,
in coordination with the Secretary of Homeland Security and the
Secretary of Labor shall develop a plan to phase all workers into the
Database and phase out the employer verification system established in
section 274A over a period of time that the Commissioner determines to
be appropriate.
``(d) Employer Responsibilities.--Each employer shall--
``(1) notify employees and prospective employees of the use
of the System and that the System may be used for immigration
enforcement purposes;
``(2) use--
``(A) a machine-readable document described in
subsection (a)(3)(B); or
``(B) the telephonic or electronic system to access
the Database;
``(3) provide, for each employee hired, the occupation,
metropolitan statistical area of employment, and annual
compensation paid;
``(4) retain the code received indicating confirmation or
nonconfirmation, for use in investigations described in section
212(n)(2); and
``(5) provide a copy of the employment verification receipt
to such employees.
``(e) Good-Faith Compliance.--
``(1) Affirmative defense.--A person or entity that
establishes good faith compliance with the requirements of this
section with respect to the employment of an individual in the
United States has established an affirmative defense that the
person or entity has not violated this section.
``(2) Limitation.--Paragraph (1) shall not apply if a
person or entity engages in an unlawful immigration-related
employment practice described in subsection (a)(7).''.
(b) Interim Directive.--Before the implementation of the Employment
Eligibility Confirmation System (referred to in this section as the
``System'') established under section 274E of the Immigration and
Nationality Act, as added by subsection (a), the Commissioner of Social
Security, in coordination with the Secretary of Homeland Security,
shall, to the maximum extent practicable, implement an interim system
to confirm employment eligibility that is consistent with the
provisions of such section.
(c) Reports.--
(1) In general.--Not later than 3 months after the last day
of the second year and of the third year that the System is in
effect, the Comptroller General of the United States shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a
report on the System.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) an assessment of the impact of the System on
the employment of unauthorized workers;
(B) an assessment of the accuracy of the Employment
Eligibility Database maintained by the Department of
Homeland Security and Social Security Administration
databases, and timeliness and accuracy of responses
from the Department of Homeland Security and the Social
Security Administration to employers;
(C) an assessment of the privacy, confidentiality,
and system security of the System;
(D) assess whether the System is being implemented
in a nondiscriminatory manner; and
(E) include recommendations on whether or not the
System should be modified.
SEC. 4. IMPROVED ENTRY AND EXIT DATA SYSTEM.
Section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``Justice''
and inserting ``Homeland Security'';
(B) in paragraph (4), by striking ``and'' at the
end;
(C) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(6) collects the biometric machine-readable information
from an alien's visa or immigration-related document described
in section 221(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1201(a)(3)) at the time an alien arrives in the United
States and at the time an alien departs from the United States
to determine if such alien is entering, or is present in, the
United States unlawfully.''; and
(3) in subsection (f)(1), by striking ``Departments of
Justice and State'' and inserting ``Department of Homeland
Security and the Department of State''.
SEC. 5. PROTECTION OF EMPLOYMENT RIGHTS OF H2B WORKERS.
The Secretary and the Secretary of Homeland Security shall
establish a process under which a nonimmigrant worker described in
section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(b)) who files a nonfrivolous complaint
regarding a violation of this Act or the amendments made by this Act
and is otherwise eligible to remain and work in the United States may
be allowed to seek other appropriate employment in the United States
with an employer for a period not to exceed the maximum period of stay
authorized for that nonimmigrant classification.
SEC. 6. INCREASED FINES FOR PROHIBITED BEHAVIOR.
Section 274B(g)(2)(B)(iv) of the Immigration and Nationality Act (8
U.S.C. 1324b(g)(2)(B)(iv)) is amended--
(1) in subclause (I), by striking ``not less than $250 and
not more than $2,000'' and inserting ``not less than $500 and
not more than $3,000'';
(2) in subclause (II), by striking ``not less than $2,000
and not more than $5,000'' and inserting ``not less than $4,000
and not more than $8,000''; and
(3) in subclause (III), by striking ``not less than $3,000
and not more than $10,000'' and inserting ``not less than
$6,000 and not more than $20,000''. | Legal Employee Verification Act - Amends the Immigration and Nationality Act to require visas issued by the Secretary of State and immigration related documents issued by the Secretary of State or the Secretary of Homeland Security to comply with authentication and biometric standards recognized by domestic and international standards organizations.
Requires the Commissioner of Social Security to: (1) establish an Employment Eligibility Confirmation System to respond to inquiries made by employers regarding the identities and employment authorizations of their employees; (2) design, implement, and maintain an Employment Eligibility Database, including annual reverification; and (3) develop a plan to phase all workers into the Database and phase out the employer verification system established in specified existing provisions.
Requires the Secretary of Homeland Security (currently, the Attorney General) to implement an integrated entry and exit data system.
Requires a process under which an H-2B alien (temporary nonagricultural worker) who files a nonfrivolous complaint regarding a violation of this Act and is otherwise eligible to remain and work in the United States may be allowed to seek other employment in the United States for a period not to exceed the maximum period of stay for that nonimmigrant. | {"src": "billsum_train", "title": "To establish a mandatory system for employers to verify the employment eligibility of potential employees, and for other purposes."} | 3,211 | 256 | 0.527836 | 1.485631 | 0.791275 | 5.362385 | 13.334862 | 0.931193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Energy Jobs Act of 2012''.
TITLE I--INCREASE AND EXTENSION OF CREDIT FOR QUALIFYING ADVANCED
ENERGY PROJECTS
SEC. 101. INCREASE AND EXTENSION OF CREDIT FOR QUALIFYING ADVANCED
ENERGY PROJECTS.
(a) In General.--Subsection (d) of section 48C of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(6) Additional 2012 allocations.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this paragraph, the
Secretary, in consultation with the Secretary of
Energy, shall establish a program to consider and award
certifications for qualified investments eligible for
credits under this section to qualifying advanced
energy project sponsors with respect to applications
received on or after the date of the enactment of this
paragraph.
``(B) Limitation.--The total amount of credits that
may be allocated under the program described in
subparagraph (A) shall not exceed $5,000,000,000.
``(C) Application of certain rules.--Rules similar
to the rules of paragraphs (2), (3), (4), and (5) shall
apply for purposes of the program described in
subparagraph (A), except that applicants shall have 2
years from the date that the Secretary establishes such
program to submit applications.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
TITLE II--REVENUE OFFSETS
Subtitle A--Close Big Oil Tax Loopholes
SEC. 201. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR
INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Special Rules Relating to Major Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a major integrated oil company (as defined in
section 167(h)(5)(B)) to a foreign country or possession of the
United States for any period shall not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the amount
determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or
possession.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States.
SEC. 202. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL,
NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.
(a) Denial of Deduction.--Paragraph (4) of section 199(c) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(E) Special rule for certain oil and gas
income.--In the case of any taxpayer who is a major
integrated oil company (as defined in section
167(h)(5)(B)) for the taxable year, the term `domestic
production gross receipts' shall not include gross
receipts from the production, transportation, or
distribution of oil, natural gas, or any primary
product (within the meaning of subsection (d)(9))
thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2011.
SEC. 203. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND
DEVELOPMENT COSTS.
(a) In General.--Section 263(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentence: ``This
subsection shall not apply to amounts paid or incurred by a taxpayer in
any taxable year in which such taxpayer is a major integrated oil
company (as defined in section 167(h)(5)(B)).''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2011.
SEC. 204. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS
WELLS.
(a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Application With Respect to Major Integrated Oil Companies.--
In the case of any taxable year in which the taxpayer is a major
integrated oil company (as defined in section 167(h)(5)(B)), the
allowance for percentage depletion shall be zero.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2011.
SEC. 205. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.
(a) In General.--Section 193 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Application With Respect to Major Integrated Oil Companies.--
This section shall not apply to amounts paid or incurred by a taxpayer
in any taxable year in which such taxpayer is a major integrated oil
company (as defined in section 167(h)(5)(B)).''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2011.
Subtitle B--Outer Continental Shelf Oil and Natural Gas
SEC. 211. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS
ROYALTY RELIEF.
(a) In General.--Sections 344 and 345 of the Energy Policy Act of
2005 (42 U.S.C. 15904, 15905) are repealed.
(b) Administration.--The Secretary of the Interior shall not be
required to provide for royalty relief in the lease sale terms
beginning with the first lease sale held on or after the date of the
enactment of this Act for which a final notice of sale has not been
published.
Subtitle C--Miscellaneous
SEC. 221. DEFICIT REDUCTION.
The net amount of any savings realized as a result of the enactment
of this Act and the amendments made by this Act (after any expenditures
authorized by this Act and the amendments made by this Act) shall be
deposited in the Treasury and used for Federal budget deficit reduction
or, if there is no Federal budget deficit, for reducing the Federal
debt in such manner as the Secretary of the Treasury considers
appropriate.
SEC. 222. 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. | Clean Energy Jobs Act of 2012 - Amends the Internal Revenue Code to allow additional allocations of credits under the qualifying advanced energy project (i.e., the project for the production of renewable and alternative energy resources) in 2012.
Limits or repeals certain tax benefits for major integrated oil companies (defined as companies with annual gross receipts over $1 billion and an average daily worldwide production of crude oil of at least 500,000 barrels), including: (1) the foreign tax credit; (2) the tax deduction for income attributable to oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for qualified tertiary injectant expenses.
Amends the Energy Policy Act of 2005 to repeal royalty relief (suspension of royalties) for: (1) natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) deep water oil and gas production in the Western and Central Planning Area of the Gulf (including the portion of the Eastern Planning Area encompassing whole lease blocks lying west of 87 degrees, 30 minutes west longitude).
Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the federal debt.
Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase and extend the credit for qualifying advanced energy projects, and for other purposes."} | 2,165 | 302 | 0.525802 | 1.609768 | 0.680126 | 2.532143 | 6.346429 | 0.782143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biofuels Market Expansion Act of
2011''.
SEC. 2. ENSURING THE AVAILABILITY OF DUAL FUELED AUTOMOBILES AND LIGHT
DUTY TRUCKS.
(a) In General.--Chapter 329 of title 49, United States Code, is
amended by inserting after section 32902 the following:
``Sec. 32902A. Requirement to manufacture dual fueled automobiles and
light duty trucks
``(a) In General.--For each model year listed in the following
table, each manufacturer shall ensure that the percentage of
automobiles and light duty trucks manufactured by the manufacturer for
sale in the United States that are dual fueled automobiles and light
duty trucks is not less than the percentage set forth for that model
year in the following table:
``Model Year Percentage
Model years 2014 and 2015.......................... 50 percent
Model year 2016 and each subsequent model year..... 90 percent.
``(b) Exception.--Subsection (a) shall not apply to automobiles or
light duty trucks that operate only on electricity.''.
(b) Clerical Amendment.--The table of sections for chapter 329 of
title 49, United States Code, is amended by inserting after the item
relating to section 32902 the following:
``32902A. Requirement to manufacture dual fueled automobiles and light
duty trucks.''.
(c) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall prescribe
regulations to carry out the amendments made by this Act.
SEC. 3. BLENDER PUMP PROMOTION.
(a) Blender Pump Grant Program.--
(1) Definitions.--In this subsection:
(A) Blender pump.--The term ``blender pump'' means
an automotive fuel dispensing pump capable of
dispensing at least 3 different blends of gasoline and
ethanol, as selected by the pump operator, including
blends ranging from 0 percent ethanol to 85 percent
denatured ethanol, as determined by the Secretary.
(B) E-85 fuel.--The term ``E-85 fuel'' means a
blend of gasoline approximately 85 percent of the
content of which is ethanol.
(C) Ethanol fuel blend.--The term ``ethanol fuel
blend'' means a blend of gasoline and ethanol, with a
minimum of 0 percent and maximum of 85 percent of the
content of which is denatured ethanol.
(D) Major fuel distributor.--
(i) In general.--The term ``major fuel
distributor'' means any person that owns a
refinery or directly markets the output of a
refinery.
(ii) Exclusion.--The term ``major fuel
distributor'' does not include any person that
directly markets through less than 50 retail
fueling stations.
(E) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(2) Grants.--The Secretary shall make grants under this
subsection to eligible facilities (as determined by the
Secretary) to pay the Federal share of--
(A) installing blender pump fuel infrastructure,
including infrastructure necessary for the direct
retail sale of ethanol fuel blends (including E-85
fuel), including blender pumps and storage tanks; and
(B) providing subgrants to direct retailers of
ethanol fuel blends (including E-85 fuel) for the
purpose of installing fuel infrastructure for the
direct retail sale of ethanol fuel blends (including E-
85 fuel), including blender pumps and storage tanks.
(3) Limitation.--A major fuel distributor shall not be
eligible for a grant or subgrant under this subsection.
(4) Federal share.--The Federal share of the cost of a
project carried out under this subsection shall be up to 50
percent of the total cost of the project.
(5) Reversion.--If an eligible facility or retailer that
receives a grant or subgrant under this subsection does not
offer ethanol fuel blends for sale for at least 2 years during
the 4-year period beginning on the date of installation of the
blender pump, the eligible facility or retailer shall be
required to repay to the Secretary an amount determined to be
appropriate by the Secretary, but not more than the amount of
the grant provided to the eligible facility or retailer under
this subsection.
(6) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out this
subsection, to remain available until expended--
(A) $50,000,000 for fiscal year 2012;
(B) $100,000,000 for fiscal year 2013;
(C) $200,000,000 for fiscal year 2014;
(D) $300,000,000 for fiscal year 2015; and
(E) $350,000,000 for fiscal year 2016.
(b) Installation of Blender Pumps by Major Fuel Distributors at
Owned Stations and Branded Stations.--Section 211(o) of the Clean Air
Act (42 U.S.C. 7545(o)) is amended by adding at the end the following:
``(13) Installation of blender pumps by major fuel
distributors at owned stations and branded stations.--
``(A) Definitions.--In this paragraph:
``(i) E-85 fuel.--The term `E-85 fuel'
means a blend of gasoline approximately 85
percent of the content of which is ethanol.
``(ii) Ethanol fuel blend.--The term
`ethanol fuel blend' means a blend of gasoline
and ethanol, with a minimum of 0 percent and
maximum of 85 percent of the content of which
is denatured ethanol.
``(iii) Major fuel distributor.--
``(I) In general.--The term `major
fuel distributor' means any person that
owns a refinery or directly markets the
output of a refinery.
``(II) Exclusion.--The term `major
fuel distributor' does not include any
person that directly markets through
less than 50 retail fueling stations.
``(iv) Secretary.--The term `Secretary'
means the Secretary of Energy, acting in
consultation with the Administrator of the
Environmental Protection Agency and the
Secretary of Agriculture.
``(B) Regulations.--The Secretary shall promulgate
regulations to ensure that each major fuel distributor
that sells or introduces gasoline into commerce in the
United States through majority-owned stations or
branded stations installs or otherwise makes available
1 or more blender pumps that dispense E-85 fuel and
ethanol fuel blends (including any other equipment
necessary, such as tanks, to ensure that the pumps
function properly) for a period of not less than 5
years at not less than the applicable percentage of the
majority-owned stations and the branded stations of the
major fuel distributor specified in subparagraph (C).
``(C) Applicable percentage.--For the purpose of
subparagraph (B), the applicable percentage of the
majority-owned stations and the branded stations shall
be determined in accordance with the following table:
``Applicable percentage of
majority-owned stations
and branded stations
Calendar year: Percent:
2014............................................... 10
2016............................................... 20
2018............................................... 35
2020 and each calendar year thereafter............. 50.
``(D) Geographic distribution.--
``(i) In general.--Subject to clause (ii),
in promulgating regulations under subparagraph
(B), the Secretary shall ensure that each major
fuel distributor described in that subparagraph
installs or otherwise makes available 1 or more
blender pumps that dispense E-85 fuel and
ethanol fuel blends at not less than a minimum
percentage (specified in the regulations) of
the majority-owned stations and the branded
stations of the major fuel distributors in each
State.
``(ii) Requirement.--In specifying the
minimum percentage under clause (i), the
Secretary shall ensure that each major fuel
distributor installs or otherwise makes
available 1 or more blender pumps described in
that clause in each State in which the major
fuel distributor operates.
``(E) Financial responsibility.--In promulgating
regulations under subparagraph (B), the Secretary shall
ensure that each major fuel distributor described in
that subparagraph assumes full financial responsibility
for the costs of installing or otherwise making
available the blender pumps described in that
subparagraph and any other equipment necessary
(including tanks) to ensure that the pumps function
properly.
``(F) Production credits for exceeding blender
pumps installation requirement.--
``(i) Earning and period for applying
credits.--If the percentage of the majority-
owned stations and the branded stations of a
major fuel distributor at which the major fuel
distributor installs blender pumps in a
particular calendar year exceeds the percentage
required under subparagraph (C), the major fuel
distributor shall earn credits under this
paragraph, which may be applied to any of the 3
consecutive calendar years immediately after
the calendar year for which the credits are
earned.
``(ii) Trading credits.--Subject to clause
(iii), a major fuel distributor that has earned
credits under clause (i) may sell the credits
to another major fuel distributor to enable the
purchaser to meet the requirement under
subparagraph (C).
``(iii) Exception.--A major fuel
distributor may not use credits purchased under
clause (ii) to fulfill the geographic
distribution requirement in subparagraph
(D).''.
SEC. 4. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL
PIPELINES.
(a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42
U.S.C. 16511) is amended by adding at the end the following:
``(6) Renewable fuel.--The term `renewable fuel' has the
meaning given the term in section 211(o)(1) of the Clean Air
Act (42 U.S.C. 7545(o)(1)), except that the term includes all
types of ethanol and biodiesel.
``(7) Renewable fuel pipeline.--The term `renewable fuel
pipeline' means a pipeline for transporting renewable fuel.''.
(b) Amount.--Section 1702(c) of the Energy Policy Act of 2005 (42
U.S.C. 16512(c)) is amended--
(1) by striking ``(c) Amount.--Unless'' and inserting the
following:
``(c) Amount.--
``(1) In general.--Unless''; and
(2) by adding at the end the following:
``(2) Renewable fuel pipelines.--A guarantee for a project
described in section 1703(b)(11) shall be in an amount equal to
80 percent of the project cost of the facility that is the
subject of the guarantee, as estimated at the time at which the
guarantee is issued.''.
(c) Renewable Fuel Pipeline Eligibility.--Section 1703(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at
the end the following:
``(11) Renewable fuel pipelines.''.
(d) Rapid Deployment of Renewable Fuel Pipelines.--Section 1705 of
the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, or, in the case of projects described in
paragraph (4), September 30, 2012'' before the colon at
the end; and
(B) by adding at the end the following:
``(4) Installation of sufficient infrastructure to allow
for the cost-effective deployment of clean energy technologies
appropriate to each region of the United States, including the
deployment of renewable fuel pipelines through loan guarantees
in an amount equal to 80 percent of the cost.''; and
(2) in subsection (e), by inserting ``, or, in the case of
projects described in subsection (a)(4), September 30, 2012''
before the period at the end.
(e) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Energy shall promulgate such
regulations as are necessary to carry out the amendments made by this
section. | Biofuels Market Expansion Act of 2011 - Requires automobile manufacturers to ensure that at least 50% of 2014 and 2015 model year automobiles and light duty trucks manufactured for sale in the United States are dual fueled. Increases the minimum to 90% for 2016 and subsequent model years. (Excludes automobiles and light duty trucks that operate only on electricity.)
Requires the Secretary of Energy (DOE) to make grants to eligible facilities to pay the federal share of: (1) installing blender pump fuel infrastructure, including infrastructure necessary for the direct retail sale of ethanol fuel blends (including E-85 fuel); and (2) providing subgrants to direct retailers of such fuels for the installation of such infrastructure. Prohibits a major fuel distributor (any person that owns a refinery or that directly markets the output of a refinery through at least 50 retail fueling stations) from being eligible for such grants or subgrants.
Amends the Clean Air Act to revise the renewable fuel program to require the Secretary to promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs one or more blender pumps that dispense E-85 fuel and ethanol fuel blends at: (1) an overall percentage of such stations increasing from 10% in 2014 to 50% in 2020, and (2) a specified minimum percentage of such stations in each state. Allows such distributors to earn credits if they exceed such percentages and to sell such credits to other distributors, except for use to fulfill the state distribution requirement.
Amends the Energy Policy Act of 2005 to make renewable fuel pipelines eligible for loan guarantees for projects that avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases and employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued.
Amends the temporary program for rapid deployment of renewable energy and electric power transmission projects to make eligible for loan guarantees projects for the installation of sufficient infrastructure to allow for the cost-effective deployment of clean energy technologies appropriate to each region of the United States. | {"src": "billsum_train", "title": "A bill to provide for the expansion of the biofuels market."} | 2,744 | 464 | 0.56433 | 1.819465 | 0.725198 | 3.410758 | 5.801956 | 0.882641 |
SECTION 1. ENFORCEMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.
(a) Short Title.--This Act may be cited as the ``Justice for
Victims of Terrorism Act''.
(b) Definition.--
(1) In general.--Section 1603(b) of title 28, United States
Code, is amended--
(A) in paragraph (3) by striking the period and
inserting ``; and'';
(B) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively;
(C) by striking ``(b)'' through ``entity--'' and
inserting the following:
``(b) An `agency or instrumentality of a foreign state' means--
``(1) any entity--''; and
(D) by adding at the end the following:
``(2) for purposes of sections 1605(a)(7) and 1610 (a)(7)
and (f), any entity as defined under subparagraphs (A) and (B)
of paragraph (1), and subparagraph (C) of paragraph (1) shall
not apply.''.
(2) Technical and conforming amendment.--Section 1391(f)(3)
of title 28, United States Code, is amended by striking
``1603(b)'' and inserting ``1603(b)(1)''.
(c) Enforcement of Judgments.--Section 1610(f) of title 28, United
States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``(including
any agency or instrumentality or such state)'' and
inserting ``(including any agency or instrumentality of
such state)''; and
(B) by adding at the end the following:
``(C) Notwithstanding any other provision of law, moneys due from
or payable by the United States (including any agency or
instrumentality thereof) to any state against which a judgment is
pending under section 1605(a)(7) shall be subject to attachment and
execution with respect to that judgment, in like manner and to the same
extent as if the United States were a private person.''; and
(2) by adding at the end the following:
``(3)(A) Subject to subparagraph (B), upon determining on an asset-
by-asset basis that a waiver is necessary in the national security
interest, the President may waive this subsection in connection with
(and prior to the enforcement of) any judicial order directing
attachment in aid of execution or execution against any property
subject to the Vienna Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations.
``(B) A waiver under this paragraph shall not apply to--
``(i) if property subject to the Vienna Convention on
Diplomatic Relations or the Vienna Convention on Consular
Relations has been used for any nondiplomatic purpose
(including use as rental property), the proceeds of such use;
or
``(ii) if any asset subject to the Vienna Convention on
Diplomatic Relations or the Vienna Convention on Consular
Relations is sold or otherwise transferred for value to a third
party, the proceeds of such sale or transfer.
``(C) In this paragraph, the term `property subject to the Vienna
Convention on Diplomatic Relations or the Vienna Convention on Consular
Relations' and the term `asset subject to the Vienna Convention on
Diplomatic Relations or the Vienna Convention on Consular Relations'
mean any property or asset, respectively, the attachment in aid of
execution or execution of which would result in a violation of an
obligation of the United States under the Vienna Convention on
Diplomatic Relations or the Vienna Convention on Consular Relations, as
the case may be.
``(4) For purposes of this subsection, all assets of any agency or
instrumentality of a foreign state shall be treated as assets of that
foreign state.''.
(d) Technical and Conforming Amendment.--Section 117(d) of the
Treasury Department Appropriations Act, 1999, as enacted by section
101(h) of Public Law 105-277 (112 Stat. 2681-492) is repealed.
(e) Effective Date.--The amendments made by this section shall
apply to any claim for which a foreign state is not immune under
section 1605(a)(7) of title 28, United States Code, arising before, on,
or after the date of the enactment of this Act.
SEC. 2. PAYGO ADJUSTMENT.
The Director of the Office of Management and Budget shall not make
any estimates of changes in direct spending outlays and receipts under
section 252(d) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 902(d)) for any fiscal year resulting from the
enactment of this Act.
SEC. 3. TECHNICAL AMENDMENTS TO IMPROVE LITIGATION PROCEDURES AND
REMOVE LIMITATIONS ON LIABILITY.
(a) General Exceptions to Jurisdictional Immunity of Foreign
State.--Section 1605 of title 28, United States Code, is amended by
adding at the end the following:
``(h) If a foreign state, or its agency or instrumentality, is a
party to an action pursuant to subsection (a)(7) and fails to furnish
any testimony, document, or other thing upon a duly issued discovery
order by the court in the action, such failure shall be deemed an
admission of any fact with respect to which the discovery order
relates. Nothing in this subsection shall supersede the limitations set
forth in subsection (g).''.
(b) Modification of Limitation on Liability.--Section
1605(a)(7)(B)(i) is amended to read as follows:
``(i) the act occurred in the foreign state
against which the claim has been brought and
the foreign state has not had a reasonable
opportunity to arbitrate the claim in a neutral
forum outside the foreign state in accordance
with accepted international rules of
arbitration; or
(c) Extent of Liability.--Section 1606 of title 28, United States
Code, is amended by adding at the end the following: ``No Federal or
State statutory limits shall apply to the amount of compensatory,
actual, or punitive damages permitted to be awarded to persons under
section 1605(a)(7) and this section.''.
(d) Effective Date.--The amendments made by this section shall
apply to any claim for which a foreign state is not immune under
section 1605(a)(7) of title 28, United States Code, arising before, on,
or after the date of the enactment of this Act.
Passed the House of Representatives July 25, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Directs that moneys due from or payable by the United States to any State against which a judgment is pending under jurisdictional provisions be subject to attachment and execution in like manner and to the same extent as if the United States were a private person.
Authorizes the President, upon determining on an asset-by-asset basis that a waiver is necessary in the national security interest, to waive attachment provisions in connection with (and prior to the enforcement of) any judicial order directing attachment in aid of execution or execution against any property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. Specifies that a waiver shall not apply to the proceeds of: (1) such use if such property has been used for any non-diplomatic purpose (including use as rental property); or (2) a sale or transfer if any asset subject to such Conventions is sold or otherwise transferred for value to a third party.
Defines "property" or an "asset" subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations" to mean any property or asset the attachment in aid of execution or execution of which would result in a violation of a U.S. obligation under the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, as the case may be.
Treats all assets of any agency or instrumentality of a foreign state as assets of that foreign state.
(Sec. 2) Prohibits the Director of the Office of Management and Budget from making any estimates of changes in direct spending outlays and receipts under "pay as you go" provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 for any fiscal year resulting from enactment of this Act.
(Sec. 3) Provides that the failure of a foreign state against which money damages are sought for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources, to furnish any testimony, document, or other thing upon a duly issued discovery order by the court in the action shall be deemed an admission of any fact with respect to which the discovery order relates.
Makes an exception to the jurisdictional immunity of a foreign state against which such damages are sought if the act occurred in the state and the state has not had a reasonable opportunity to arbitrate the claim in accordance with accepted international rules of arbitration (current law) in a neutral forum outside the foreign state.
Specifies that no Federal or State statutory limits shall apply to the amount of compensatory, actual, or punitive damages permitted to be awarded to persons under judicial code provisions regarding general exceptions to the jurisdictional immunity of a foreign state.
Makes this section applicable to claims arising before this Act's enactment. | {"src": "billsum_train", "title": "Justice for Victims of Terrorism Act"} | 1,519 | 619 | 0.417236 | 1.384688 | 0.640395 | 5.619666 | 2.474954 | 0.899814 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Valley Forge Museum of the American
Revolution Act of 1998''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1)(A) Valley Forge National Historical Park, formerly a
State park, was established in 1976 as a unit of the National
Park System under Public Law 94-337 (16 U.S.C. 410aa et seq.);
and
(B) the National Park Service acquired various parcels of
land and structures associated with the Park, including a
visitor center, from the Commonwealth of Pennsylvania;
(2) the Park maintains an extensive collection of--
(A) artifacts, books, and other items relating to
the 1777-1778 winter encampment of General George
Washington's Continental Army at Valley Forge;
(B) artifacts of military life from the
Revolutionary War era;
(C) important archaeological resources; and
(D) numerous structures and associated artifacts;
(3) between 1982 and 1997, the National Park Service
completed a general management plan, long-range interpretive
plan, and strategic business plan for the Park that establish
goals and priorities for management of the Park;
(4) the plans--
(A) identify inadequacies in the Park's visitor
center and interpretive programs;
(B) call for development of a new or significantly
renovated visitor center that would make the collection
accessible to the public through exhibits and research
facilities; and
(C) call for improving the interpretation of the
landscape and improving the circulation of visitors
into and through the Park;
(5) the Valley Forge Historical Society--
(A) was established in 1918 as a nonprofit
organization to preserve and interpret for future
generations the significant history and artifacts of
the American Revolution in the historic setting of
Valley Forge;
(B) has amassed valuable holdings of artifacts,
art, books, and other items relating to the 1777-1778
encampment, the American Revolution, and the American
colonial era; and
(C) continues to pursue additional important
collections through bequests, exchanges, and
acquisitions;
(6)(A) as of the date of enactment of this Act, the
Society's collection is housed in a facility that is inadequate
to properly maintain, preserve, and display the ever-growing
collection; and
(B) the Society is interested in developing an up-to-date
museum and education facility;
(7) the Society and the National Park Service have
discussed the idea of a joint museum, education facility, and
visitor center that would--
(A) directly support the historical, educational,
and interpretive activities and needs of the Park and
such activities and needs of the Society;
(B) combine 2 outstanding museum collections; and
(C) provide an enhanced experience at Valley Forge
for visitors, scholars, and researchers;
(8) under section 1602 of the Transportation Equity Act for
the 21st Century (112 Stat. 262), $3,000,000 was set aside to
construct access roads and parking facilities for such a joint
museum, education facility, and visitor center at Valley Forge;
and
(9) the Society has proposed to raise funds to construct a
new museum, education facility, and visitor center on Park
property that would be planned, developed, and operated jointly
with the National Park Service.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
of the Interior to enter into an agreement with the Society to
construct and operate, in cooperation with the Secretary, a museum
within the boundary of the Park.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``agreement'' means the agreement
described in section 4(a).
(2) Museum.--The term ``Museum'' means the Valley Forge
Museum of the American Revolution described in section 4.
(3) Park.--The term ``Park'' means Valley Forge National
Historical Park.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Society.--The term ``Society'' means the Valley Forge
Historical Society.
SEC. 4. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION.
(a) Authorization.--In administering the Park, the Secretary may
enter into an agreement under appropriate terms and conditions with the
Society to facilitate the planning, construction, and operation of the
Valley Forge Museum of the American Revolution on Federal land within
the boundary of the Park.
(b) Activities of Society.--The Agreement shall authorize the
Society--
(1) to operate the Museum in cooperation with the
Secretary;
(2) to provide at the Museum, to visitors to the Park,
programs and services relating to the story of Valley Forge and
the American Revolution; and
(3) acting as a private nonprofit organization, to engage
in activities appropriate for operation of a museum, including
charging fees, conducting events, and selling merchandise,
tickets, and food to visitors to the Museum.
(c) Activities of Secretary.--The Agreement shall authorize the
Secretary to carry out at the Museum activities relating to the
management of the Park, including provision of appropriate visitor
information and interpretive facilities and programs relating to the
Park.
(d) Use of Revenues.--Revenues from the facilities and services of
the Museum shall be used to offset the expenses of operation of the
Museum.
(e) Museum Structures.--The Agreement shall authorize the Society
to occupy and use any structure constructed at the Park for the
purposes of the Museum during the term specified in the Agreement and
subject to the following terms and conditions:
(1) Conveyance to united states.--The Society shall convey
to the United States all right, title, and interest in each
such structure.
(2) Conditions on occupancy and use.--The right of the
Society to occupy and use each such structure--
(A) shall be for the purposes of--
(i) exhibiting, preserving, and
interpreting artifacts associated with the
Valley Forge encampment and the impact of the
encampment on the American Revolution;
(ii) enhancing the experience of visitors
to the Park; and
(iii) conducting the activities of the
Society consistent with the mission of the
Society; and
(B) shall not be transferred without the consent of
the Secretary.
(3) Other terms and conditions.--The Agreement shall
include such other terms and conditions as the Secretary
considers appropriate.
SEC. 5. PRESERVATION AND PROTECTION.
Nothing in this Act authorizes the Secretary or the Society to take
any action in derogation of the preservation and protection of the
values and resources of the Park. | Valley Forge Museum of the American Revolution Act of 1998 - Authorizes the Secretary of the Interior, in administering the Valley Forge National Historical Park, to enter into an agreement with the Valley Forge Historical Society to facilitate the planning, construction, and operation of the Valley Forge Museum of the American Revolution on Federal land within the boundary of the Park. | {"src": "billsum_train", "title": "Valley Forge Museum of the American Revolution Act of 1998"} | 1,459 | 75 | 0.594053 | 1.489303 | 0.675064 | 7.272727 | 20.666667 | 1 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Professional Sports Franchise
Relocation Act of 1998''.
SEC. 2. DEFINITIONS.
For purposes of this section:
(1) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given it in subsection (a) of
the first section of the Clayton Act (15 U.S.C. 12(a)),
except that such term includes section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition; and
(B) includes any State law similar to the laws
referred to in subparagraph (A).
(2) Home territory.--The term ``home territory'' means the
geographic metropolitan area within which a member team
operates and plays the majority of its home games.
(3) Interested party.--The term ``interested party''
includes, with respect to a member team--
(A) any political subdivision of a State that
provides, or has provided, financial assistance,
including tax abatement, for facilities (including a
stadium or arena) in which the member team plays;
(B) a representative of the political subdivision
with jurisdiction over the geographic area in which the
stadium or arena of the member team is located;
(C) the member team;
(D) the owner or operator of a stadium or arena of
the member team; and
(E) any other person who is determined by the
sports league of the member team to be an affected
party.
(4) Member team.--The term ``member team'' means a team of
professional athletes--
(A) organized to play professional football,
basketball, soccer, or hockey; and
(B) that is a member of a professional sports
league.
(5) Person.--The term ``person'' means any individual,
partnership, corporation, or unincorporated association, any
combination or association thereof, or any State or political
subdivision of a State.
(6) Professional sports league.--The term ``professional
sports league'' means an association that--
(A) is composed of 2 or more member teams;
(B) regulates the contests and exhibitions of its
member teams; and
(C) has been engaged in competition in a particular
sport for a period of more than 7 years.
(7) Stadium; arena.--The terms ``stadium'' and ``arena''
mean the principal physical facility within which a member team
plays the majority of its home games.
SEC. 3. INAPPLICABILITY OF THE ANTITRUST LAWS.
It shall not be unlawful under the antitrust laws for a
professional sports league (or a member team of such league acting
jointly with another member team of such league, under the authority of
such league) to issue or enforce rules, or to enter into or carry out
agreements, to permit or to restrict the relocation of any such member
team.
SEC. 4. PROCEDURAL REQUIREMENTS.
(a) Request for Approval.--
(1) In general.--Not later than 210 days before the
commencement of the season in which a member team proposes to
play in a new location, any person seeking to change the home
territory of the member team shall submit a request for
approval of the proposed change to the appropriate professional
sports league.
(2) Requirements.--Each request for approval submitted
under paragraph (1) shall--
(A) be in writing;
(B) be delivered in person or by certified mail to
each interested party not later than 30 days after
submission to the appropriate professional sports
league under paragraph (1);
(C) be made available by the date specified in
subparagraph (B) to the news media;
(D) be published by the date specified in
subparagraph (B) in 1 or more newspapers of general
circulation in the home territory of the member team;
and
(E) contain--
(i) an identification of the proposed
location of the member team;
(ii) a summary of the reasons for the
change in home territory, taking into
consideration the criteria described in
subsection (b)(2);
(iii) the date on which the proposed change
is intended to become effective; and
(iv) a detailed description of--
(I) the requirements specified in
this subsection applicable to the
submission of such request;
(II) the procedures specified in
subsection (b) applicable to requests
submitted under this subsection;
(III) the requirements specified in
subsection (c) applicable to decisions
on such requests;
(IV) the requirements specified in
subsection (d) applicable to notice of
decisions on such requests; and
(V) the relief available under
section 5 to a prevailing interested
party.
(b) Procedures.--
(1) Establishment.--Each professional sports league shall
establish rules and procedures for approving or disapproving
requests submitted under subsection (a), that shall--
(A) include criteria to be considered by the
professional sports league in approving or disapproving
such requests; and
(B) be made available upon request to any
interested party.
(2) Criteria to be considered.--The criteria described in
paragraph (1)(A) shall include--
(A) the extent to which fan loyalty to and support
for the member team has been demonstrated, through
attendance, ticket sales, and television ratings,
during the tenure of the member team in the home
territory;
(B) the degree to which the member team has engaged
in good faith negotiations with appropriate persons
concerning the terms and conditions under which the
member team might continue to play its games in its
current home territory;
(C) the degree to which the ownership or management
of the member team has contributed to any circumstance
that might demonstrate the need for the relocation of
the member team;
(D) the extent to which the member team has,
directly or indirectly, received public financial
support by means of any publicly financed playing
facility, rent abatement, special tax treatment, any
other form of public financial support, any other
public benefits not generally available to businesses
as a whole within the jurisdiction, and the extent to
which such support continues;
(E) the adequacy of the stadium or arena of the
member team, and the willingness of the stadium or
arena authority and the local government to remedy any
deficiencies in the stadium or arena;
(F) whether the member team has incurred net
operating losses, exclusive of depreciation or
amortization, sufficient to threaten the continued
financial viability of the member team;
(G) whether any other member team in the
professional sports league is located in the home
territory of the member team;
(H) whether the member team proposes to relocate to
a territory in which no other member team in the
professional sports league is located;
(I) whether the stadium or arena authority, if
public, is opposed to the relocation;
(J) the effect that relocation will have on
contracts, agreements, or understandings between the
member team and public and private parties; and
(K) any other criteria considered to be appropriate
by the professional sports league.
(c) Decision.--In determining whether to approve or disapprove a
proposed request submitted under subsection (a), the professional
sports league shall--
(1) ensure that the requirements of subsection (a) have
been satisfied;
(2) conduct a hearing at which interested parties shall be
afforded an opportunity to submit written testimony and
exhibits; and
(3) keep a written record of such hearing and any testimony
and exhibits submitted under paragraph (2).
(d) Notice of Decision.--Not later than 5 days after making a
decision to approve or disapprove a request submitted under subsection
(a), the professional sports league shall provide to each interested
party, make available to the news media, and publish in a newspaper
described in subsection (a)(2)(D), a notice that includes--
(1) a statement of such decision; and
(2) a detailed description of--
(A) the requirements specified in subsection (a)
applicable to the submission of such request;
(B) the procedures specified in subsection (b)
applicable to the request submitted under subsection
(a);
(C) the requirements specified in subsection (c)
applicable to the decision on such request;
(D) the requirements specified in this subsection
applicable to notice of the decision on such request;
and
(E) the relief available under section 5 to a
prevailing interested party.
SEC. 5. JUDICIAL REVIEW.
(a) In General.--Compliance by a professional sports league with
section 4 may be reviewed in a civil action commenced by an interested
party, but only in accordance with this section.
(b) Venue; Time Limitation.--Not later than 21 days after a
professional sports league complies with section 4(d), a civil action
under subsection (a) may be commenced in any judicial district of the
United States, excluding a judicial district--
(1) established in the State that contains--
(A) the home territory of the member team with
respect to which such action is commenced; or
(B) the proposed location of the member team; or
(2) that includes any geographical area that is less than
75 miles from any part of such home territory.
(c) Relief.--If the plaintiff prevails in a civil action commenced
under subsection (a) against a professional sports league, the court
shall enjoin such league--
(1) to vacate the decision of such league to approve or
disapprove the request by the member team involved to change
its home territory; and
(2) not to approve or disapprove such request until such
league complies with section 4.
SEC. 6. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
shall take effect on the date of the enactment of this Act.
(b) Application of Amendments.--This Act shall not apply with
respect to conduct occurring before the date of the enactment of this
Act. | Professional Sports Franchise Relocation Act of 1998 - Declares that it shall not be unlawful under the antitrust laws for a professional sports league to issue or enforce rules, or to enter into or carry out agreements, to permit or restrict the relocation of any member team of such league.
(Sec. 4) Requires any person seeking to change a team's home territory to submit to the appropriate professional sports league, within 210 days before the commencement of the season in which it proposes to play in a new location, a request for approval of the proposed change. Specifies request requirements, including that each request: (1) be made available to the news media and be published in one or more general circulation newspapers in the team's home territory; and (2) contain the proposed location, the reasons for the change, and the intended effective date.
Requires each league to establish rules and procedures for approving or disapproving requests that shall be made available upon request to any interested party. Includes among the criteria each league shall consider: (1) fan loyalty ; (2) the extent to which the team received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of such support; (3) the adequacy of the stadium or arena of the member team and the willingness of the stadium or arena authority or local government to remedy any deficiencies; and (4) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team.
Requires the league: (1) in determining whether to approve or disapprove a proposed request, to conduct and keep a written record of a hearing at which interested parties shall be afforded an opportunity to submit written testimony and exhibits; and (2) within five days after making its decision, to provide to each interested party and the news media a notice of the decision, including a detailed description of associated requirements and procedures.
(Sec. 5) Permits league compliance to be reviewed in a civil action commenced by an interested party. Authorizes commencement of a civil action, within 21 days after the league provides notice of its decision, in any U.S. judicial district, excluding any judicial district: (1) established in the State that contains the team's home territory with respect to which such action is commenced or the proposed team location; or (2) that includes a geographical area that is less than 75 miles from any part of such home territory. Directs the court, if the plaintiff prevails, to enjoin the league: (1) to vacate its decision; and (2) not to approve or disapprove such request until the league complies with this Act. | {"src": "billsum_train", "title": "Professional Sports Franchise Relocation Act of 1998"} | 2,153 | 586 | 0.538074 | 1.552163 | 0.69461 | 4.258845 | 3.899441 | 0.944134 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Indian Contracting and Federal Land
Management Demonstration Project Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to expand the provisions of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.) to increase Indian employment and income through greater
contracting opportunities with the Federal Government;
(2) to encourage contracting by Indians and Indian tribes
with respect to management of Federal land--
(A) to realize the benefit of Indian knowledge and
expertise with respect to the land; and
(B) to promote innovative management strategies on
Federal land that will result in greater sensitivity
toward, and respect for, religious beliefs and sacred
sites of Indians and Indian tribes;
(3) to better accommodate access to and ceremonial use of
Indian sacred land by Indian religious practitioners; and
(4) to prevent significant damage to Indian sacred land.
SEC. 3. TRIBAL PROCUREMENT CONTRACTING AND RESERVATION DEVELOPMENT.
Section 7 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450e) is amended by adding at the end the following:
``(d) Tribal Procurement Contracting and Reservation Development.--
``(1) In general.--Subject to paragraph (2), on request by
and application of an Indian tribe to provide certain services
or deliverables that the Secretary of the Interior would
otherwise procure from a private-sector entity (referred to in
this subsection as an `applicant tribe'), and absent a request
made by 1 or more Indian tribes that would receive a direct
benefit from those services or deliverables to enter into
contracts for those services or deliverables in accordance with
section 102 (referred to in this subsection as a `beneficiary
tribe'), the Secretary of the Interior shall enter into
contracts for those services or deliverables with the applicant
tribe in accordance with section 102.
``(2) Assurances.--An applicant tribe shall provide the
Secretary of the Interior with assurances that the principal
beneficiary tribes that receive the services and deliverables
for which the applicant tribe has entered into a contract with
the Secretary of the Interior remain the Indian tribes
originally intended to benefit from the services or
deliverables.
``(3) Rights and privileges.--For the purpose of this
subsection, an applicant tribe shall enjoy, at a minimum, the
same rights and privileges under this Act as would a
beneficiary tribe if the beneficiary tribe exercised rights to
enter into a contract relating to services or deliverables in
accordance with section 102.
``(4) Notice of desire to contract.--If a beneficiary tribe
seeks to enter into a contract with the Secretary of the
Interior for services or deliverables being provided by an
applicant tribe--
``(A) the beneficiary tribe shall immediately
provide notice of the desire to enter into a contract
for those services and deliverables to the applicant
tribe and the Secretary; and
``(B) not later than the date that is 180 days
after the date on which the applicant tribe and the
Secretary of the Interior receive the notice, the
contract between the applicant tribe and the Secretary
of the Interior for the services or deliverables shall
terminate.''.
SEC. 4. INDIAN AND FEDERAL LAND MANAGEMENT DEMONSTRATION PROJECT.
Section 403 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458cc) is amended by adding at the end the
following:
``(m) Indian and Federal Land Management Demonstration Project.--
``(1) Definitions.--In this subsection:
``(A) Federal land.--
``(i) In general.--The term `Federal land'
means any land or interest in or to land owned
by the United States.
``(ii) Inclusion.--The term `Federal land'
includes a leasehold interest held by the
United States.
``(iii) Exclusion.--The term `Federal land'
does not include land held in trust by the
United States for the benefit of an Indian
tribe.
``(B) Project.--The term `project' means the Indian
and Federal Land Management Demonstration Project
established under paragraph (2).
``(C) Secretary.--The term `Secretary' means the
Secretary of the Interior.
``(2) Establishment.--The Secretary shall establish a
demonstration project, to be known as the `Indian and Federal
Land Management Demonstration Project', to enter into contracts
with Indian tribes or tribal organizations under which the
Indian tribes or tribal organizations shall carry out
activities relating to Federal land management, including--
``(A) archaeological, anthropological, and cultural
surveys and analyses; and
``(B) activities relating to the identification,
maintenance, or protection of land considered to have
religious, ceremonial, or cultural significance to the
Indian tribe or tribal organization.
``(3) Participation.--During each of the 2 fiscal years
after the date of enactment of this subsection, the Secretary
shall select not less than 12 eligible Indian tribes or tribal
organizations to participate in the project.
``(4) Eligibility.--To be eligible to participate in the
project, an Indian tribe or tribal organization, shall--
``(A) request participation by resolution or other
official action of the governing body of the Indian
tribe or tribal organization;
``(B) with respect to the 3 fiscal years
immediately preceding the fiscal year for which
participation is requested, demonstrate financial
stability and financial management capability by
showing that there were no unresolved significant and
material audit exceptions in the required annual audit
of the self-determination contracts of the Indian tribe
or tribal organization;
``(C) demonstrate significant use of or dependency
on the relevant conservation system unit or other
public land unit for which programs, functions,
services, and activities are requested to be placed
under contract with respect to the project; and
``(D) before entering into any contract described
in paragraph (6), complete a planning phase described
in paragraph (5).
``(5) Planning phase.--Not later than 1 year after the date
on which the Secretary selects an Indian tribe or tribal
organization to participate in the project, the Indian tribe or
tribal organization shall complete, to the satisfaction of the
Indian tribe or tribal organization, a planning phase that
includes--
``(A) legal and budgetary research; and
``(B) internal tribal planning and organizational
preparation.
``(6) Contracts.--
``(A) In general.--On request by an Indian tribe or
tribal organization that meets the eligibility criteria
specified in paragraph (4), the Secretary shall
negotiate and enter into a contract with the Indian
tribe or tribal organization under which the Indian
tribe or tribal organization shall plan, conduct, and
administer programs, services, functions, and
activities (or portions of programs, services,
functions, and activities) requested by the Indian
tribe or tribal organization that relate to--
``(i) archaeological, anthropological, and
cultural surveys and analyses; and
``(ii) the identification, maintenance, or
protection of land considered to have
religious, ceremonial, or cultural significance
to the Indian tribe or tribal organization.
``(B) Time limitation for negotiation of
contracts.--Not later than 90 days after a
participating Indian tribe or tribal organization
notifies the Secretary of completion by the Indian
tribe or tribal organization of the planning phase
described in paragraph (5), the Secretary shall
initiate and conclude negotiations with respect to a
contract described in subparagraph (A) (unless an
alternative negotiation and implementation schedule is
agreed to by the Secretary and the Indian tribe or
tribal organization).
``(C) Implementation.--An Indian tribe or tribal
organization that enters into a contract under this
paragraph shall begin implementation of the contract--
``(i) not later than October 1 of the
fiscal year following the fiscal year in which
the Indian tribe or tribal organization
completes the planning phase under paragraph
(5); or
``(ii) in accordance with an alternative
implementation schedule agreed to under
subparagraph (B).
``(D) Term.--A contract entered into under this
paragraph may have a term of not to exceed 5 fiscal
years, beginning with the fiscal year in which the
contract is entered into.
``(E) Declination and appeals provisions.--The
provisions of this Act relating to declination and
appeals of contracts, including section 110, shall
apply to a contract negotiated under this paragraph.
``(7) Administration of contracts.--
``(A) Inclusion of certain terms.--
``(i) In general.--At the request of an
Indian tribe or tribal organization, the
benefits, privileges, terms, and conditions of
agreements entered into in accordance with this
Act, and such other terms and conditions as are
mutually agreed to and not otherwise contrary
to law, may be included in a contract entered
into under paragraph (6).
``(ii) Force and effect.--If any provision
of this Act is incorporated in a contract under
clause (i), the provision shall--
``(I) have the same force and
effect as under this Act; and
``(II) apply notwithstanding any
other provision of law.
``(B) Audit.--A contract entered into under
paragraph (6) shall provide for a single-agency audit
report to be filed in accordance with chapter 75 of
title 31, United States Code.
``(C) Transfer of employees.--
``(i) In general.--A Federal employee
employed at the time of transfer of
administrative responsibility for a program,
service, function, or activity to an Indian
tribe or tribal organization under this
subsection shall not be separated from Federal service by reason of the
transfer.
``(ii) Intergovernmental actions.--An
intergovernmental personnel action may be used
to transfer supervision of a Federal employee
described in clause (i) to an Indian tribe or
tribal organization.
``(iii) Treatment of transferred
employees.--Notwithstanding any priority
reemployment list, directive, rule, regulation,
or other order from the Department of the
Interior, the Office of Management and Budget,
or any other Federal agency, a Federal employee
described in clause (i) shall be given priority
placement for any available position within the
respective agency of the employee.
``(8) Funding and payments.--A contract entered into under
paragraph (6) shall provide that, with respect to the transfer
of administrative responsibility for each program, service,
function, and activity covered by the contract--
``(A) for each fiscal year during which the
contract is in effect, the Secretary shall provide to
the Indian tribe or tribal organization that is a party
to the contract funds in an amount that is at least
equal to the amount that the Secretary would have
otherwise expended in carrying out the program,
service, function, or activity for the fiscal year; and
``(B) funds provided to an Indian tribe or tribal
organization under subparagraph (A) shall be paid by
the Secretary by such date before the beginning of the
applicable fiscal year as the Secretary and the Indian
tribe or tribal organization may jointly determine, in
the form of annual or semiannual installments.
``(9) Planning grants.--
``(A) In general.--Subject to the availability of
appropriations, on application by an Indian tribe or
tribal organization that is a participant in the
project, the Secretary shall provide to the Indian
tribe or tribal organization a grant in the amount of
$100,000 to assist the Indian tribe or tribal
organization in--
``(i) completing the planning phase
described in paragraph (5); and
``(ii) planning for the contracting of
programs, functions, services, and activities
in accordance with a contract entered into
under paragraph (6).
``(B) No requirement of grant.--An Indian tribe or
tribal organization may carry out responsibilities of
the Indian tribe or tribal organization described in
subparagraph (A) without applying for a grant under
this paragraph.
``(C) Limitation on grants.--No Indian tribe or
tribal organization may receive more than 1 grant under
this paragraph.
``(D) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph such sums as are necessary for each of the 2
fiscal years following the fiscal year in which this
subsection is enacted.
``(10) Report.--Not later than 90 days after each of
December 31, 2003, and December 31, 2006, the Secretary shall
submit to Congress a detailed report on the project,
including--
``(A) a description of the project;
``(B) findings with respect to the project; and
``(C) an analysis of the costs and benefits of the
project.''. | Indian Contracting and Federal Land Management Demonstration Project Act - Amends the Indian Self-Determination and Education Assistance Act to direct the Secretary of the Interior to contract with an applying Indian tribe for the provision of certain services or deliverables that would otherwise be procured from the private sector, and absent a request by one or more tribes that would receive a direct benefit from those services or deliverables to enter into such a contract.Requires the Secretary to establish the Native American Indian and Federal Land Management Demonstration Project.Requires the Secretary under such Project to contract with at least 12 Indian tribes or tribal organizations to plan, and administer programs, services, and activities relating archeological, anthropological, and cultural surveys and analyses, and activities related to the identification, maintenance, or protection of lands considered to have religious, ceremonial, or cultural significance to Indian tribes. | {"src": "billsum_train", "title": "A bill to encourage contracting by Indians and Indian tribes for the management of Federal land, and for other purposes."} | 2,822 | 201 | 0.639104 | 1.78664 | 0.921427 | 3.968944 | 16.57764 | 0.937888 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extremely Hazardous Materials Rail
Transportation Act of 2005''.
SEC. 2. COORDINATION OF PRECAUTIONS AND RESPONSE EFFORTS RELATED TO THE
TRANSPORTATION BY RAIL OF EXTREMELY HAZARDOUS MATERIALS.
(a) Regulations.--
(1) Requirement for regulations.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall, in consultation with the Secretary of
Transportation and the heads of other Federal, State, and local
agencies, prescribe regulations for the coordination of efforts
of Federal, State, and local agencies aimed at preventing
terrorist acts and responding to emergencies that may occur in
connection with the transportation by rail of extremely
hazardous materials.
(2) Content.--
(A) In general.--The regulations required under
paragraph (1) shall--
(i) require, and establish standards for,
the training of individuals described in
subparagraph (B) on safety precautions and best
practices for responding to emergencies
occurring in connection with the transportation
by rail of extremely hazardous materials,
including incidents involving acts of
terrorism; and
(ii) establish a coordinated system for
notifying appropriate Federal, State, and local
law enforcement authorities (including, if
applicable, transit, railroad, or port
authority police agencies) and first responders
of the transportation by rail of extremely
hazardous materials through communities
designated as area of concern communities by
the Secretary of Homeland Security under
subsection (b)(1).
(B) Individuals covered by training.--The
individuals described in subparagraph (A)(i) are first
responders, law enforcement personnel, and individuals
who transport, load, unload, or are otherwise involved
in the transportation by rail of extremely hazardous
materials or who are responsible for the repair of
related equipment and facilities in the event of an
emergency, including an incident involving terrorism.
(b) Area of Concern Communities.--
(1) Designation of area of concern communities.--
(A) In general.--In prescribing regulations under
subsection (a), the Secretary of Homeland Security
shall compile a list of area of concern communities.
(B) Criteria.--The Secretary of Homeland Security
shall include on such list communities through or near
which the transportation by rail of extremely hazardous
materials poses a serious risk to the public health and
safety. In making such determination, the Secretary
shall consider--
(i) the severity of harm that could be
caused in a community by the release of the
transported extremely hazardous materials;
(ii) the proximity of a community to major
population centers;
(iii) the threat posed by such
transportation to national security, including
the safety and security of Federal and State
government offices;
(iv) the vulnerability of a community to
acts of terrorism;
(v) the threat posed by such transportation
to critical infrastructure;
(vi) the threshold quantities of particular
extremely hazardous materials that pose a
serious threat to the public health and safety;
and
(vii) such other safety or security factors
that the Secretary determines appropriate to
consider.
(2) Consideration of alternate routes.--The Secretary of
Homeland Security shall conduct a study to consider the
possibility of reducing, through the use of alternate routes
involving lower security risks, the security risks posed by the
transportation by rail of extremely hazardous materials through
or near communities designated as area of concern communities
under paragraph (1), except in the case of emergencies or where
such alternatives do not exist or are prohibitively expensive.
SEC. 3. PRESSURIZED RAILROAD CARS.
(a) New Safety Standards.--
(1) Requirement for standards.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall, in consultation with the Secretary of
Transportation and the heads of other relevant Federal
agencies, prescribe by regulations standards for ensuring the
safety and physical integrity of pressurized tank cars that are
used in the transportation by rail of extremely hazardous
materials.
(2) Consideration of specific risks.--In prescribing
regulations under paragraph (1), the Secretary of Homeland
Security shall consider the risks posed to such pressurized
tank cars by acts of terrorism, accidents, severe impacts, and
other actions potentially threatening to the structural
integrity of the cars or to the safe containment of the
materials carried by such cars.
(b) Report on Impact Resistance.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall, in consultation with the Secretary of Transportation and
the heads of other relevant Federal agencies, submit to the
appropriate congressional committees a report on the safety and
physical integrity of pressurized tank cars that are used in
the transportation by rail of extremely hazardous materials,
including with respect to the risks considered under subsection
(a)(2).
(2) Content.--The report required under paragraph (1) shall
include--
(A) the results of a study on the impact resistance
of such pressurized tank cars, including a comparison
of the relative impact resistance of tank cars
manufactured before and after the implementation by the
Administrator of the Federal Railroad Administration in
1989 of Federal standards on the impact resistance of
such tank cars; and
(B) an assessment of whether tank cars manufactured
before the implementation of the 1989 impact resistence
standards and tank cars manufactured after the
implementation of such standards conform with the
standards prescribed under subsection (a).
SEC. 4. REPORT ON EXTREMELY HAZARDOUS MATERIALS TRANSPORT SAFETY.
(a) Requirement for Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland Security shall,
in consultation with the Secretary of Transportation, submit to the
appropriate congressional committees a report on the safety and
security of the transportation by rail of extremely hazardous
materials, including the threat posed to the security of such
transportation by acts of terrorism.
(b) Content.--The report required under subsection (a) shall
include, in a form that does not compromise national security--
(1) information specifying--
(A) the Federal and State agencies that are
responsible for the oversight of the transportation by
rail of extremely hazardous materials; and
(B) the particular authorities and responsibilities
of the heads of each such agency;
(2) an assessment of the operational risks associated with
the transportation by rail of extremely hazardous materials,
with consideration given to the safety and security of the
railroad infrastructure in the United States, including
railroad bridges and rail switching areas;
(3) an assessment of the vulnerability of railroad cars to
acts of terrorism while being used to transport extremely
hazardous materials;
(4) an assessment of the ability of individuals who
transport, load, unload, or are otherwise involved in the
transportation by rail of extremely hazardous materials or who
are responsible for the repair of related equipment and
facilities in the event of an emergency, including an incident
involving terrorism, to respond to an incident involving
terrorism, including an assessment of whether such individuals
are adequately trained or prepared to respond to such
incidents;
(5) a description of the study conducted under section
2(b)(2), including the conclusions reached by the Secretary of
Homeland Security as a result of such study and any
recommendations of the Secretary for reducing, through the use
of alternate routes involving lower security risks, the
security risks posed by the transportation by rail of extremely
hazardous materials through or near area of concern
communities;
(6) other recommendations for improving the safety and
security of the transportation by rail of extremely hazardous
materials; and
(7) an analysis of the anticipated economic impact and
effect on interstate commerce of the regulations prescribed
under this Act.
(c) Form.--The report required under subsection (a) shall be in
unclassified form, but may contain a classified annex.
SEC. 5. WHISTLEBLOWER PROTECTION.
(a) In General.--No person involved in the transportation by rail
of extremely hazardous materials may be discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated against
because of any lawful act done by the person--
(1) to provide information, cause information to be
provided, or otherwise assist in an investigation regarding any
conduct which the person reasonably believes constitutes a
violation of any law, rule, or regulation related to the
security of shipments of extremely hazardous materials, or any
other threat to the security of shipments of extremely
hazardous materials, when the information or assistance is
provided to or the investigation is conducted by--
(A) a Federal regulatory or law enforcement agency;
(B) any Member of Congress or any committee of
Congress; or
(C) a person with supervisory authority over the
person (or such other person who has the authority to
investigate, discover, or terminate misconduct);
(2) to file, cause to be filed, testify, participate in, or
otherwise assist in a proceeding or action filed or about to be
filed relating to a violation of any law, rule, or regulation
related to the security of shipments of extremely hazardous
materials or any other threat to the security of shipments of
extremely hazardous materials; or
(3) to refuse to violate or assist in the violation of any
law, rule, or regulation related to the security of shipments
of extremely hazardous materials.
(b) Enforcement Action.--
(1) In general.--A person who alleges discharge or other
discrimination by any person in violation of subsection (a) may
seek relief under subsection (c)--
(A) by filing a complaint with the Secretary of
Labor; and
(B) if the Secretary has not issued a final
decision within 180 days after the filing of the
complaint and there is no showing that such delay is
due to the bad faith of the claimant, by commencing a
civil action in the appropriate district court of the
United States, which shall have jurisdiction over such
an action without regard to the amount in controversy.
(2) Procedure.--
(A) Complaint to department of labor.--An action
under paragraph (1)(A) shall be governed under the
rules and procedures set forth in subsection (b) of
section 42121 of title 49, United States Code, except
that notification made under such subsection shall be
made to the person named in the complaint and to the
person's employer.
(B) Court action.--An action commenced under
paragraph (1)(B) shall be governed by the legal burdens
of proof set forth in section 42121(b)(2)(B) of title
49, United States Code.
(C) Statute of limitations.--An action under
paragraph (1) shall be commenced not later than 180
days after the date on which the violation occurs.
(c) Remedies.--
(1) In general.--A person prevailing in any action under
subsection (b)(1) shall be entitled to all relief necessary to
make the person whole.
(2) Compensatory damages.--Relief for any action under
paragraph (1) shall include--
(A) in the case of a termination of, or other
discriminatory act regarding the person's employment--
(i) reinstatement with the same seniority
status that the person would have had, but for
the discrimination; and
(ii) payment of the amount of any back pay,
with interest, computed retroactively to the
date of the discriminatory act; and
(B) compensation for any special damages sustained
as a result of the discrimination, including litigation
costs, expert witness fees, and reasonable attorney
fees.
(d) Rights Retained by Person.--Nothing in this section shall be
deemed to diminish the rights, privileges, or remedies of any person
under any Federal or State law, or under any collective bargaining
agreement.
SEC. 6. CIVIL PENALTIES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall prescribe regulations
providing for the imposition of civil penalties for violations of--
(1) regulations prescribed under this Act; and
(2) the prohibition against discriminatory treatment under
section 5(a).
SEC. 7. NO FEDERAL PREEMPTION.
Nothing in this Act shall be construed as preempting any State law,
except that no such law may relieve any person of a requirement
otherwise applicable under this Act.
SEC. 8. DEFINITIONS.
In this Act:
(1) Extremely hazardous material.--The term ``extremely
hazardous material'' means--
(A) a material that is toxic by inhalation;
(B) a material that is extremely flammable;
(C) a material that is highly explosive;
(D) high-level radioactive waste; and
(E) any other material designated by the Secretary
of Homeland Security as being extremely hazardous.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate; and
(B) the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the
House of Representatives. | Extremely Hazardous Materials Rail Transportation Act of 2005 - Directs the Secretary of Homeland Security to prescribe regulations that coordinate the efforts of Federal, State, and local agencies to prevent terrorist acts and respond to emergencies that may occur in connection with the transportation by rail of extremely hazardous materials. Defines extremely hazardous material as material that is toxic by inhalation, extremely flammable, highly explosive, a high-level radioactive waste, or otherwise designated by the Secretary.
Requires the Secretary, in prescribing the regulations, to compile a list of area of concern communities, including those through or near which the rail transportation of extremely hazardous materials poses a serious risk to the public health and safety.
Directs the Secretary to prescribe by regulation standards for ensuring the safety and physical integrity of pressurized rail tank cars used to transport extremely hazardous materials.
Requires the Secretary to report to Congress on the safety and security of, and the threat posed by acts of terrorism to, the transportation by rail of extremely hazardous materials.
Sets forth whistleblower protections for persons involved in the transportation of extremely hazardous materials. Sets forth civil penalties for violations of this Act. | {"src": "billsum_train", "title": "A bill to ensure the safe and secure transportation by rail of extremely hazardous materials."} | 2,796 | 249 | 0.710186 | 1.941363 | 0.751399 | 3.866359 | 12.331797 | 0.9447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Imaging Modernization Act of
2015''.
SEC. 2. MEDICARE PAYMENT INCENTIVE FOR THE TRANSITION FROM TRADITIONAL
X-RAY IMAGING TO DIGITAL RADIOGRAPHY AND OTHER MEDICARE
IMAGING PAYMENT PROVISION.
(a) Physician Fee Schedule.--
(1) Payment incentive for transition.--
(A) In general.--Section 1848(b) of the Social
Security Act (42 U.S.C. 1395w-4(b)) is amended by
adding at the end the following new paragraph:
``(9) Special rule to incentivize transition from
traditional x-ray imaging to digital radiography.--
``(A) Limitation on payment for film x-ray imaging
services.--In the case of imaging services that are X-
rays taken using film and that are furnished during
2017 or a subsequent year, the payment amount for the
technical component (including the technical component
portion of a global fee) of such services that would
otherwise be determined under this section (without
application of this paragraph and before application of
any other adjustment under this section) for such year
shall be reduced by 20 percent.
``(B) Phased-in limitation on payment for computed
radiography imaging services.--In the case of imaging
services that are X-rays taken using computed
radiography technology--
``(i) in the case of such services
furnished during 2018, 2019, 2020, 2021, or
2022 the payment amount for the technical
component (including the technical component
portion of a global fee) of such services that
would otherwise be determined under this
section (without application of this paragraph
and before application of any other adjustment
under this section) for such year shall be
reduced by 7 percent; and
``(ii) in the case of such services
furnished during 2023 or a subsequent year, the
payment amount for the technical component
(including the technical component portion of a
global fee) of such services that would
otherwise be determined under this section
(without application of this paragraph and
before application of any other adjustment
under this section) for such year shall be
reduced by 10 percent.
``(C) Computed radiography technology defined.--For
purposes of this paragraph, the term `computed
radiography technology' means cassette-based imaging
which utilizes an imaging plate to create the image
involved.
``(D) Implementation.--In order to implement this
paragraph, the Secretary shall adopt appropriate
mechanisms which may include use of modifiers.''.
(B) Exemption from budget neutrality.--Section
1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C.
1395w-4(c)(2)(B)(v)) is amended, by adding at the end
the following new subclause:
``(X) Reduced expenditures
attributable to incentives to
transition to digital radiography.--
Effective for fee schedules established
beginning with 2017, reduced
expenditures attributable to
subparagraph (A) of subsection (b)(9)
and effective for fee schedules
established beginning with 2018,
reduced expenditures attributable to
subparagraph (B) of such subsection.''.
(2) Elimination of application of multiple procedure
payment reduction.--Section 1848(b)(4) of the Social Security
Act (42 U.S.C. 1395w-4(b)(4)) is amended by adding at the end
the following new subparagraph:
``(E) Elimination of application of multiple
procedure payment reduction.--
``(i) In general.--Not later than January
1, 2016, the Secretary shall not apply a
multiple procedure payment reduction policy to
the professional component of imaging services
furnished in any subsequent year that is prior
to a year in which the Secretary conducts and
publishes, as part of the Medicare Physician
Fee Schedule Proposed Rule for a year, the
empirical analysis described in clause (ii).
``(ii) Empirical analysis described.--The
empirical analysis described in this clause is
an analysis of the Resource-Based Relative
Value Scale (commonly known as the `RBRVS')
Data Manager information that is used to
determine what, if any, efficiencies exist
within the professional component of imaging
services when two or more studies are performed
on the same patient on the same day. Such
empirical analysis shall include--
``(I) work sheets and other
information detailing which physician
work activities performed given the
typical vignettes were assigned
reduction percentages of 0, 25, 50, 75
and 100 percent;
``(II) a discussion of the clinical
aspects that informed the assignment of
the reduction percentages described in
subclause (I);
``(III) an explanation of how the
percentage reductions for pre-, intra
and post-service work were determined
and calculated; and
``(IV) a demonstration that the
Centers for Medicare & Medicaid
Services has consulted with practicing
radiologists to gain knowledge of how
radiologists interpret studies of
multiple body parts on the same
individual on the same day.''.
(b) Payment Incentive for Transition Under Hospital Outpatient
Prospective Payment System.--Section 1833(t)(16) of the Social Security
Act (42 U.S.C. 1395(t)(16)) is amended by adding at the end the
following new subparagraph:
``(F) Payment incentive for the transition from
traditional x-ray imaging to digital radiography.--
Notwithstanding the previous provisions of this
subsection:
``(i) Limitation on payment for film x-ray
imaging services.--In the case of imaging
services that are X-rays taken using film and
that are furnished during 2017 or a subsequent
year, the payment amount for the technical
component (including the technical component
portion of a global fee) of such services that
would otherwise be determined under this
section (without application of this paragraph
and before application of any other adjustment
under this subsection) for such year shall be
reduced by 20 percent.
``(ii) Phased-in limitation on payment for
computed radiography imaging services.--In the
case of imaging services that are X-rays taken
using computed radiography technology (as
defined in section 1848(b)(9)(C))--
``(I) in the case of such services
furnished during 2018, 2019, 2020,
2021, or 2022 the payment amount for
the technical component (including the
technical component portion of a global
fee) of such services that would
otherwise be determined under this
section (without application of this
paragraph and before application of any
other adjustment under this subsection)
for such year shall be reduced by 7
percent; and
``(II) in the case of such services
furnished during 2023 or a subsequent
year, the payment amount for the
technical component (including the
technical component portion of a global
fee) of such services that would
otherwise be determined under this
section (without application of this
paragraph and before application of any
other adjustment under this subsection)
for such year shall be reduced by 10
percent.
``(iii) Application without regard to
budget neutrality.--The reductions made under
this paragraph--
``(I) shall not be considered an
adjustment under paragraph (2)(E); and
``(II) shall not be implemented in
a budget neutral manner.''. | Medical Imaging Modernization Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to make a special rule reducing by 20% the payment under the physician fee schedule and the hospital outpatient prospective payment system for the technical component of imaging services that are x-rays taken using film. Imaging services that are x-rays taken using computed radiography technology shall have the technical component payment: (1) for services furnished from 2018 through 2022 reduced by 7%; and (2) for services furnished during 2023 or a subsequent year reduced by 10%. Reduced expenditures attributable to incentives to transition to digital radiography under the physician fee schedule are exempt from budget-neutrality calculation. The Department of Health and Human Services may not apply a multiple procedure payment reduction to the professional component of imaging services furnished before it publishes, as part of the Medicare Physician Fee Schedule Proposed Rule for a year, a empirical analysis of the Resource-Based Relative Value Scale (commonly known as the "RBRVS") Data Manager information used to determine what, if any, efficiencies exist within the professional component of imaging services when two or more studies are performed on the same patient on the same day. These payment reductions under the hospital outpatient prospective payment system for the transition from traditional x-ray imaging to digital radiography shall apply without regard to budget neutrality. | {"src": "billsum_train", "title": "Medical Imaging Modernization Act of 2015"} | 1,622 | 306 | 0.670262 | 2.141417 | 0.806007 | 4.162162 | 5.621622 | 0.911197 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Handgun Registration Act of 1995''.
SEC. 2. FEDERAL HANDGUN REGISTRATION SYSTEM TO APPLY IN ALL STATES NOT
ESTABLISHING STATE HANDGUN REGISTRATION SYSTEM THAT MEETS
CERTAIN REQUIREMENTS.
(a) In General.--Beginning 2 years after the date of the enactment
of this Act, the Federal handgun registration system to be established
by the Attorney General under section 3(a) and the amendment made by
section 3(b) shall apply in any State during any period in which the
Attorney General finds, after opportunity for a hearing on the record,
that such State is not complying substantially with the requirements of
subsection (b) of this section.
(b) Requirements of State Handgun Registration System.--The
requirements of this subsection are as follows:
(1) Registration requirement.--State law must require each
individual who owns, possesses, or controls a handgun in the
State to register such handgun--
(A) in the case of handguns owned, possessed, or
controlled on or before the effective date of the State
law--
(i) with a State law enforcement agency;
and
(ii) within 90 days after such effective
date; and
(B) in the case of handguns owned, possessed, or
controlled after such effective date--
(i) with the licensed dealer (as defined in
section 921(a)(11) of title 18, United States
Code) from whom such handgun was last
purchased; and
(ii) at the time the handgun is first
owned, possessed, or controlled by the
individual.
(2) Imposition of penalties for violations.--State law must
impose the following penalties for knowing violation of the
registration requirement specified in paragraph (1):
(A) Non-serious violations.--In the case of a
violation which is not a serious violation, the
violator shall be imprisoned not less than 1 year.
(B) Serious violations.--In the case of a violation
which is a serious violation, the violator shall be
imprisoned not less than 12 years.
(3) Definition of serious violation.--State law must define
a serious violation of the registration requirement specified
in paragraph (1) to be any violation with respect to which 2 or
more of the following conditions are satisfied:
(A) Multiple unregistered handguns.--The violation
consists of the violator possessing, owning, or
controlling 2 or more unregistered handguns.
(B) Unregistered handgun is of high caliber.--The
caliber of any handgun which is the subject of the
violation is greater than 0.22.
(C) Violator has previous felony or firearms
conviction.--The violator has been previously convicted
of a felony, or of a violation of any Federal or State
law relating to firearms.
(D) Unregistered handgun readily accessible to
violator.--Any handgun which is the subject of the
violation was readily accessible to the violator at the
time of the violation.
(4) Easily retrievable record of handguns.--State law must
require the State to maintain an easily retrievable record
identifying--
(A) each individual who--
(i) resides, or regularly or frequently
appears, in the State; and
(ii) possesses, owns, or controls a
handgun; and
(B) such handgun.
SEC. 3. FEDERAL HANDGUN REGISTRATION SYSTEM.
(a) Establishment.--The Attorney General shall establish a Federal
handgun registration system which contains, in an easily retrievable
record, information sufficient to identify--
(1) each resident of each State to which this subsection
applies who owns, possesses, or controls a handgun; and
(2) such handgun.
(b) Handgun Registration Requirement.--Chapter 44 of title 18,
United States Code, is amended by adding at the end the following:
``Sec. 931. Registration of handguns
``(a) Each individual who owns, possesses, or controls a handgun in
any State to which this section applies by reason of section 2(a) of
the Handgun Registration Act of 1995 shall register such handgun--
``(1) in the case of handguns owned, possessed, or
controlled on or before the effective date of this section--
``(A) with a Federal, State, or local law
enforcement agency or the licensed dealer, if any, from
whom such handgun was last purchased; and
``(B) within 90 days after such effective date; and
``(2) in the case of handguns owned, possessed, or
controlled after such effective date--
``(A) with the licensed dealer from whom such
handgun was last purchased; and
``(B) at the time the handgun is first owned,
possessed, or controlled by the individual.
``(b) Whoever knowingly violates subsection (a) shall be fined not
more than $250,000, imprisoned not less than 15 years, or both. The
court shall not suspend a sentence of imprisonment imposed for an
offense under this section, and shall not impose a probationary
sentence for an offense under this section.
``(c) As used in subsection (a):
``(1) The term `handgun' means a pistol or revolver
originally designed to be fired by the use of a single hand and
which is designed to fire or capable of firing fixed cartridge
ammunition, and any other firearm originally designed to be
fired by the use of a single hand.
``(2) The term `State' includes the District of Columbia
and the territories and possessions of the United States.''.
(c) Effective Date.--The amendment made by subsection (b) shall
apply to conduct engaged in 2 or more years after the date of the
enactment of this Act.
SEC. 4. TERMINATION OF CERTAIN FEDERAL ASSISTANCE.
The Attorney General shall order the termination of all assistance
under each of parts D, E, and G of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 to each State, and each recipient in such
State, during any period in which the Federal handgun registration
system established under section 3(a) of this Act applies to such
State.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Handgun.--The term ``handgun'' means a pistol or
revolver originally designed to be fired by the use of a single
hand and which is designed to fire or capable of firing fixed
cartridge ammunition, and any other firearm (as defined in
section 921(a)(3) of title 18, United States Code) originally
designed to be fired by the use of a single hand.
(2) State.--The term ``State'' includes the District of
Columbia and the territories and possessions of the United
States. | Handgun Registration Act of 1995 - Requires the Attorney General to establish a Federal handgun registration system. Makes such system applicable, within two years of the enactment of this Act, in all States failing to establish a State handgun registration system that substantially complies with Federal requirements mandating that States: (1) set registration requirements; (2) impose specified penalties for serious and non-serious registration violations; (3) define "serious violation" based on the number and caliber of unregistered handguns, previous felony or firearms offense convictions, and accessibility of such handguns; and (4) maintain an easily retrievable record of individuals within the State with handguns and of such handguns.
Imposes penalties (including mandatory imprisonment for not less than 15 years) upon any person possessing handguns in violation of the registration requirement.
Terminates certain Federal assistance under the Omnibus Crime Control and Safe Streets Act of 1968 to States which do not establish registration systems. | {"src": "billsum_train", "title": "Handgun Registration Act of 1995"} | 1,566 | 217 | 0.642637 | 1.785269 | 1.01638 | 2.348066 | 7.524862 | 0.856354 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Subcontracting
Transparency Act of 2015''.
SEC. 2. TRANSPARENCY IN SUBCONTRACTING GOALS.
Section 8(d)(9) of the Small Business Act (15 U.S.C. 637(d)(9)) is
amended--
(1) by striking ``(9) The failure'' and inserting the
following:
``(9) Material breach.--The failure'';
(2) in subparagraph (A), by striking ``subsection, or'' and
inserting ``subsection,'';
(3) in subparagraph (B), by striking ``subcontract,'' and
inserting ``subcontract, or''; and
(4) by moving subparagraphs (A) and (B) 2 ems to the right;
and
(45) by inserting after subparagraph (B) the following:
``(C) assurances provided under paragraph
(6)(E),''.
SEC. 3. AUTHORITY OF THE ADMINISTRATOR OF THE SMALL BUSINESS
ADMINISTRATION.
Section 8(d)(11) of the Small Business Act (15 U.S.C. 637(d)(11))
is amended--
(1) by striking ``(11) In the case of'' and inserting the
following:
``(11) Authority of administration.--In the case of''; and
(2) in subparagraph (B), by striking ``, which shall be
advisory in nature,''.; and
(3) by moving subparagraphs (A), (B), and (C) 2 ems to the
right.
SEC. 4. IMPROVING SUBCONTRACTING PLANS.
Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is
amended by adding at the end the following:
``(17) Review and acceptance of subcontracting plans.--
``(A) Definition.--In this paragraph, the term
`covered small business concerns' means--
``(i) small business concerns;
``(ii) qualified HUBZone small business
concerns;
``(iii) small business concerns owned and
controlled by veterans;
``(iv) small business concerns owned and
controlled by service-disabled veterans;
``(v) small business concerns owned and
controlled by socially and economically
disadvantaged individuals, as defined in
paragraph (3)(C); and
``(vi) small business concerns owned and
controlled by women.
``(B) Delayed acceptance of plan.--Except as
provided in subparagraph (E), if a procurement center
representative or commercial market representative
determines that a subcontracting plan required under
paragraph (4) or (5) fails to provide the maximum
practicable opportunity for covered small business
concerns to participate in the performance of the
contract to which the plan applies, the representative
may delay acceptance of the plan in accordance with
subparagraph (C).
``(C) Process for delayed acceptance.--
``(i) In general.--Except as provided in
clause (ii), a procurement center
representative or commercial market
representative who makes a determination under
subparagraph (B) with respect to a
subcontracting plan may delay acceptance of the
plan for a 30-day period by providing written
notice of the determination to head of the
procuring activity of the contracting agency
that includes recommendations for altering the
plan to provide the maximum practicable
opportunity described in that subparagraph.
``(ii) Exception.--In the case of the
Department of Defense--
``(I) a procurement center
representative or commercial market
representative who makes a
determination under subparagraph (B)
with respect to a subcontracting plan
may delay acceptance of the plan for a
15-day period by providing written
notice of the determination to
appropriate personnel of the Department
of Defense that includes
recommendations for altering the plan
to provide the maximum practicable
opportunity described in that
subparagraph; and
``(II) the authority of a
procurement center representative or
commercial market representative to
delay acceptance of a subcontracting
plan as provided in subparagraph (B)
does not include the authority to delay
the award or performance of the
contract concerned.
``(D) Disagreements.--If a procurement center
representative or commercial market representative
delays the acceptance of a subcontracting plan under
subparagraph (C) and does not reach agreement with the
head of the procuring activity of the contracting
agency to alter the plan to provide the maximum
practicable opportunity described in subparagraph (B)
not later than 30 days after the date on which written
notice was provided, the disagreement shall be
submitted to the head of the contracting agency by the
Administrator for a final determination.
``(E) Exception.--A procurement center
representative or commercial market representative may
not delay the acceptance of a subcontracting plan if
the head of the contracting agency certifies that the
need of the agency for the supplies or services is of
such an unusual and compelling urgency that the United
States would be seriously injured unless the agency is
permitted to accept the subcontracting plan.''.
SEC. 5. GOOD FAITH COMPLIANCE.
Not later than 270 days after the date of enactment of this Act,
the Administrator of the Small Business Administration shall issue
regulations providing examples of activities that would be considered a
failure to make a good faith effort to comply with the requirements
imposed on an entity, other than a small business concern, (as defined
in section 3 of the Small Business Act (15 U.S.C. 632)), that is
awarded a prime contract containing the clauses required under
paragraphs paragraph (4) or (5) of section 8(d) of the Small Business
Act (15 U.S.C. 637(d)). | Small Business Subcontracting Transparency Act of 2015 (Sec. 2) This bill amends the Small Business Act to revise requirements with respect to the Small Business Administration (SBA) review and acceptance of subcontracting plans. If a contractor or subcontractor fails to comply in good faith with assurances for the submission of periodic reports and cooperate in any studies or surveys required by the federal agency or the SBA to determine the extent of compliance with the contracting plan, such failure shall be a material breach of the contract or subcontract and may be considered in any past performance evaluation of the contractor. (Sec. 3) The bill eliminates the limitation that SBA findings submitted to an appropriate federal agency after review of solicitations for procurement contracts be "advisory in nature." (Sec. 4) A federal agency's procurement center representative (PCR) or commercial market representative (CMR) may delay acceptance of a subcontracting plan for 30 days if the PCR or CMR determines that it fails to provide the maximum practicable opportunity for certain covered small businesses to participate in the performance of the applicable contract. The written notice of such determination to the contracting agency's head of the procuring activity must include recommendations for altering the plan to provide the maximum practicable opportunity. In the case of a Department of Defense PCR or CMR, the acceptance may be delayed for only 15 days. This delayed acceptance authority, however, does not include delay of the award or performance of the contract. A PCR or CMR may not delay acceptance of a subcontracting plan if the head of the contracting agency certifies that the agency's need for the supplies or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to accept the subcontracting plan. (Sec. 5) The SBA shall issue regulations providing examples of activities that would be considered a failure to make a good faith effort to comply with the requirements imposed on any entity (other than a small business) awarded a prime contract exceeding a certain amount that contains certain required SBA clauses regarding subcontracting plans. | {"src": "billsum_train", "title": "Small Business Subcontracting Transparency Act of 2015"} | 1,302 | 471 | 0.517161 | 1.652678 | 0.74763 | 3.272959 | 2.951531 | 0.844388 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Research Enhancement
Act of 2001''.
SEC. 2. ENVIRONMENTAL PROTECTION AGENCY RESEARCH ACTIVITIES.
(a) In General.--Section 6 of the Environmental Research,
Development, and Demonstration Authorization Act of 1979 (42 U.S.C.
4361c) is amended by adding at the end the following:
``(e) Deputy Administrator for Science and Technology.--
``(1) Establishment.--There is established in the
Environmental Protection Agency (referred to in this section as
the `Agency') the position of Deputy Administrator for Science
and Technology.
``(2) Appointment.--
``(A) In general.--The Deputy Administrator for
Science and Technology shall be appointed by the
President, by and with the advice and consent of the
Senate.
``(B) Consideration of recommendations.--In making
an appointment under subparagraph (A), the President
shall consider recommendations submitted by--
``(i) the National Academy of Sciences;
``(ii) the National Academy of Engineering;
and
``(iii) the Science Advisory Board
established by section 8 of the Environmental
Research, Development, and Demonstration
Authorization Act of 1978 (42 U.S.C. 4365).
``(3) Responsibilities.--
``(A) Oversight.--The Deputy Administrator for
Science and Technology shall coordinate and oversee--
``(i) the Office of Research and
Development of the Agency (referred to in this
section as the `Office');
``(ii) the Office of Environmental
Information of the Agency;
``(iii) the Science Advisory Board;
``(iv) the Science Policy Council of the
Agency; and
``(v) scientific and technical activities
in the regulatory program and regional offices
of the Agency.
``(B) Other responsibilities.--The Deputy
Administrator for Science and Technology shall--
``(i) ensure that the most important
scientific issues facing the Agency are
identified and defined, including those issues
embedded in major policy or regulatory
proposals;
``(ii) develop and oversee an Agency-wide
strategy to acquire and disseminate necessary
scientific information through intramural
efforts or through extramural programs
involving academia, other government agencies,
and the private sector in the United States and
in foreign countries;
``(iii) ensure that the complex scientific
outreach and communication needs of the Agency
are met, including the needs--
``(I) to reach throughout the
Agency for credible science in support
of regulatory office, regional office,
and Agency-wide policy deliberations;
and
``(II) to reach out to the broader
United States and international
scientific community for scientific
knowledge that is relevant to Agency
policy or regulatory issues;
``(iv) coordinate and oversee scientific
quality-assurance and peer-review activities
throughout the Agency, including activities in
support of the regulatory and regional offices;
``(v) develop processes to ensure that
appropriate scientific information is used in
decisionmaking at all levels in the Agency; and
``(vi) ensure, and certify to the
Administrator of the Agency, that the
scientific and technical information used in
each Agency regulatory decision and policy is--
``(I) valid;
``(II) appropriately characterized
in terms of scientific uncertainty and
cross-media issues; and
``(III) appropriately applied.
``(f) Assistant Administrator for Research and Development.--
``(1) Term of appointment.--Notwithstanding any other
provision of law, the Assistant Administrator for Research and
Development of the Agency shall be appointed for a term of 6
years.
``(2) Applicability.--Paragraph (1) applies to each
appointment that is made on or after the date of enactment of
this subsection.
``(g) Senior Research Appointments in Office of Research and
Development Laboratories.--
``(1) Establishment.--The head of the Office, in
consultation with the Science Advisory Board and the Board of
Scientific Counselors of the Office, shall establish a program
to recruit and appoint to the laboratories of the Office senior
researchers who have made distinguished achievements in
environmental research.
``(2) Awards.--
``(A) In general.--The head of the Office shall
make awards to the senior researchers appointed under
paragraph (1)--
``(i) to support research in areas that are
rapidly advancing and are related to the
mission of the Agency; and
``(ii) to train junior researchers who
demonstrate exceptional promise to conduct
research in such areas.
``(B) Selection procedures.--The head of the Office
shall establish procedures for the selection of the
recipients of awards under this paragraph, including
procedures for consultation with the Science Advisory
Board and the Board of Scientific Counselors of the
Office.
``(C) Duration of awards.--Awards under this
paragraph shall be made for a 5-year period and may be
renewed.
``(3) Placement of researchers.--Each laboratory of the
Office shall have not fewer than 1 senior researcher appointed
under the program established under paragraph (1).
``(4) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(h) Other Activities of Office of Research and Development.--
``(1) Activities of the office.--The Office shall--
``(A) make a concerted effort to give research
managers of the Office a high degree of flexibility and
accountability, including empowering the research
managers to make decisions at the lowest appropriate
management level consistent with the policy of the
Agency and the strategic goals and budget priorities of
the Office;
``(B) maintain approximately an even balance
between core research and problem-driven research;
``(C) develop and implement a structured strategy
for encouraging, and acquiring and applying the results
of, research conducted or sponsored by other Federal
and State agencies, universities, and industry, both in
the United States and in foreign countries; and
``(D) substantially improve the documentation and
transparency of the decisionmaking processes of the
Office for--
``(i) establishing research and technical-
assistance priorities;
``(ii) making intramural and extramural
assignments; and
``(iii) allocating funds.
``(2) Activities of the administrator.--The Administrator
of the Agency shall--
``(A) substantially increase the efforts of the
Agency--
``(i) to disseminate actively the research
products and ongoing projects of the Office;
``(ii) to explain the significance of the
research products and projects; and
``(iii) to assist other persons and
entities inside and outside the Agency in
applying the results of the research products
and projects;
``(B)(i) direct the Deputy Administrator for
Science and Technology to expand on the science
inventory of the Agency by conducting, documenting, and
publishing a more comprehensive and detailed inventory
of all scientific activities conducted by Agency units
outside the Office, which inventory should include
information such as--
``(I) project goals, milestones, and
schedules;
``(II) principal investigators and project
managers; and
``(III) allocations of staff and financial
resources; and
``(ii) use the results of the inventory to ensure
that activities described in clause (i) are properly
coordinated through the Agency-wide science planning
and budgeting process and are appropriately peer
reviewed; and
``(C) change the peer-review policy of the Agency
to more strictly separate the management of the
development of a work product from the management of
the peer review of that work product, thereby ensuring
greater independence of peer reviews from the control
of program managers, or the potential appearance of
control by program managers, throughout the Agency.''.
(b) Deputy Administrator for Policy and Management.--
(1) In general.--The position of Deputy Administrator of
the Environmental Protection Agency is redesignated as the
position of ``Deputy Administrator for Policy and Management of
the Environmental Protection Agency''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Deputy Administrator of the Environmental Protection Agency
shall be deemed to be a reference to the Deputy Administrator
for Policy and Management of the Environmental Protection
Agency.
(c) Executive Schedule Level III.--Section 5314 of title 5, United
States Code, is amended by striking the item relating to the Deputy
Administrator of the Environmental Protection Agency and inserting the
following:
``Deputy Administrator for Policy and Management of the
Environmental Protection Agency.
``Deputy Administrator for Science and Technology of the
Environmental Protection Agency.''. | Environmental Research Enhancement Act of 2001 - Establishes in the Environmental Protection Agency (EPA) the position of Deputy Administrator for Science and Technology, who shall be appointed by the President, by and with the advice and consent of the Senate. Gives such Deputy Administrator responsibility for: (1) oversight of the Office of Research and Development, the Office of Environmental Information, the Science Advisory Board, the Science Policy Council, and scientific and technical activities in the regulatory program and regional offices; and (2) functions related to identification of scientific issues and dissemination of scientific information.Sets the term for the Assistant Administrator for Research and Development. Revises authorities of the Office of Research and Development, including establishment of a program to make senior research appointments. Requires increased dissemination of research products, an expanded inventory of EPA-conducted scientific activities, and revision of the agency's peer-review policy.Redesignates the position of EPA Deputy Administrator as Deputy Administrator for Policy and Management. | {"src": "billsum_train", "title": "A bill to strengthen research conducted by the Environmental Protection Agency, and for other purposes."} | 1,915 | 207 | 0.633034 | 1.770045 | 1.113641 | 3.284946 | 9.83871 | 0.887097 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Integrity and Pension
Forfeiture Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Members of Congress pledge to uphold the Constitution
and the laws of the United States;
(2) Members of Congress are elected to serve in, and pledge
to uphold, the public trust;
(3) a breach of the public trust by a Member of Congress is
a serious offense that should have serious consequences; and
(4) taxpayers should not pay for the retirement benefits of
Members of Congress who have been convicted of a felony.
SEC. 3. FORFEITURE.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual finally convicted of an offense described
in paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this subchapter. Any such individual (or other person determined under
section 8342(c), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) with respect to which the following
apply:
``(i) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(ii) The conduct on which the offense is based is
directly related to the individual's service as a Member.
``(iii) The offense is committed after the date of
enactment of this subsection.
``(B) The offenses described in this subparagraph are as follows:
``(i) An offense within the purview of section 201 (bribery
of public officials and witnesses), 203 (compensation to
Members of Congress, officers, and others in matters affecting
the Government), 204 (practice in United States Court of
Federal Claims or the United States Court of Appeals for the
Federal Circuit by Members of Congress), 219 (officers and
employees acting as agents of foreign principals), 286
(conspiracy to defraud the Government with respect to claims),
287 (false, fictitious or fraudulent claims), 371 (conspiracy
to commit offense or to defraud the United States), 597
(expenditures to influence voting), 599 (promise of appointment
by candidate), 602 (solicitation of political contributions),
606 (intimidation to secure political contributions), 607
(place of solicitation), 641 (public money, property or
records), 1001 (statements or entries generally), 1341 (frauds
and swindles), 1343 (fraud by wire, radio, or television), 1503
(influencing or injuring officer or juror), 1951 (interference
with commerce by threats or violence), 1952 (interstate and
foreign travel or transportation in aid of racketeering
enterprises), or 1962 (prohibited activities) of title 18 or
section 7201 (attempt to evade or defeat tax) of the Internal
Revenue Code of 1986.
``(ii) Perjury committed under the statutes of the United
States in falsely denying the commission of an act which
constitutes an offense within the purview of a statute named by
clause (i).
``(iii) Subornation of perjury committed in connection with
the false denial of another individual as specified by clause
(ii).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date as of which the conviction becomes final,
be eligible to participate in the retirement system under this
subchapter while serving as a Member.
``(4) The Office shall prescribe such regulations as may be
necessary to carry out this subsection, including provisions under
which interest on any lump-sum payment under the second sentence of
paragraph (1) shall be limited in a manner similar to that specified in
the last sentence of section 8316(b).
``(5) Nothing in this subsection shall restrict any authority under
subchapter II or any other provision of law to deny or withhold
benefits authorized by statute.
``(6) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8331(2).''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(i)(1) Notwithstanding any other provision of this chapter, the
service of an individual finally convicted of an offense described in
paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this chapter. Any such individual (or other person determined under
section 8424(d), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) with respect to which the following
apply:
``(A) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(B) The conduct on which the offense is based is directly
related to the individual's service as a Member.
``(C) The offense is committed after the date of enactment
of this subsection.
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date as of which the conviction becomes final,
be eligible to participate in the retirement system under this chapter
while serving as a Member.
``(4) The Office shall prescribe such regulations as may be
necessary to carry out this subsection, including provisions under
which interest on any lump-sum payment under the second sentence of
paragraph (1) shall be limited in a manner similar to that specified in
the last sentence of section 8316(b).
``(5) Nothing in this subsection shall restrict any authority under
subchapter II of chapter 83 or any other provision of law to deny or
withhold benefits authorized by statute.
``(6) For purposes of this subsection the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8401(20).''. | Congressional Integrity and Pension Forfeiture Act of 2007 - Amends federal civil service law, with respect to both the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS), to require the Office of Personnel and Management (OPM) to prescribe regulations that deny eligibility under CSRS or FERS for a Member convicted of certain offenses that are: (1) committed by the individual while a Member, (2) related to the individual's service as a Member, and (3) after enactment of this Act. Refunds annuity contributions and deposits, excluding interest earned, to a convicted individual.
Defines Member as the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to deny retirement benefits accrued by an individual as a Member of Congress if such individual is convicted of any of certain offenses."} | 1,442 | 188 | 0.509474 | 1.605508 | 0.675572 | 2.052288 | 8.980392 | 0.797386 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clean, Learn,
Educate, Abolish, Neutralize, and Undermine Production of
Methamphetamines Act'' or ``CLEAN-UP of Methamphetamines Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ENVIRONMENTAL PROTECTION
Sec. 101. Response to environmental hazards associated with illegal
manufacture of methamphetamine on
Department of Agriculture and Department of
the Interior lands.
Sec. 102. Grant program to assist State and local government and
private response to environmental hazards
associated with illegal manufacture of
methamphetamine on agricultural lands.
Sec. 103. Designation of by-products of methamphetamine laboratories as
hazardous materials and waste under
Hazardous Materials Transportation Act and
Solid Waste Disposal Act.
Sec. 104. Grant program to assist law enforcement agencies in the safe
identification, cleanup, and disposal of
methamphetamine laboratories.
Sec. 105. Grant program to assist law enforcement agencies in meeting
the costs of complying with Federal laws
relating to methamphetamine laboratory
cleanup and disposal.
Sec. 106. Study of environmental impact.
TITLE II--EDUCATION, PREVENTION, AND TREATMENT
Sec. 201. Study regarding health effects of exposure to process of
unlawful manufacture of methamphetamine.
Sec. 202. Grants for educational programs on prevention and treatment
of methamphetamine abuse.
Sec. 203. Local grants for treatment of methamphetamine abuse and
related conditions.
TITLE III--ENFORCEMENT
Sec. 301. Authorization of appropriations relating to methamphetamine
laboratory seizure statistics.
Sec. 302. Authorization of appropriations relating to COPS grants.
Sec. 303. Expansion of methamphetamine Hot Spots program to include
personnel and equipment for enforcement,
prosecution, and environmental cleanup.
Sec. 304. Authorization of appropriations relating to the clandestine
laboratory training.
Sec. 305. Statement of Congress regarding availability and illegal
importation of pseudoephedrine from Canada.
TITLE I--ENVIRONMENTAL PROTECTION
SEC. 101. RESPONSE TO ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL
MANUFACTURE OF METHAMPHETAMINE ON DEPARTMENT OF
AGRICULTURE AND DEPARTMENT OF THE INTERIOR LANDS.
(a) Response Activities.--The Secretary of Agriculture and the
Secretary of the Interior may carry out programs for the environmental
clean up and remediation of National Forest System lands and other
lands under the jurisdiction of the Department of Agriculture and
National Park System lands and other lands under the jurisdiction of
the Department of the Interior that are contaminated with any hazardous
substance or pollutant associated with the illegal manufacture of
methamphetamine.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 to carry out the programs authorized in
subsection (a).
SEC. 102. GRANT PROGRAM TO ASSIST STATE AND LOCAL GOVERNMENT AND
PRIVATE RESPONSE TO ENVIRONMENTAL HAZARDS ASSOCIATED WITH
ILLEGAL MANUFACTURE OF METHAMPHETAMINE ON AGRICULTURAL
LANDS.
(a) Grants Authorized.--The Secretary of Agriculture may make
grants to State and local governments and to private persons to assist
the efforts of State and local governments and private persons to clean
up and remediate agricultural lands that are contaminated with any
hazardous substance or pollutant associated with the illegal
manufacture of methamphetamine. No grant may be made under this
subsection to any person who is responsible for the contamination.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture $15,000,000 to make grants
under subsection (a).
SEC. 103. DESIGNATION OF BY-PRODUCTS OF METHAMPHETAMINE LABORATORIES AS
HAZARDOUS MATERIALS AND WASTE UNDER HAZARDOUS MATERIALS
TRANSPORTATION ACT AND SOLID WASTE DISPOSAL ACT.
(a) Hazardous Materials Transportation Act.--The Secretary of
Transportation shall utilize the authority provided by section 5103 of
title 49, United States Code, to designate certain by-products of the
methamphetamine production process as hazardous materials for purposes
of chapter 51 of such title to protect the environment from the
environmental harm caused by certain by-products of illegal
methamphetamine laboratories and to expand the civil and criminal
penalties available against persons who operate such laboratories.
(b) Solid Waste Disposal Act.--The Administrator of the
Environmental Protection Agency shall utilize the authority provided by
section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) to
designate certain by-products of the methamphetamine production process
as hazardous waste for purposes of such Act (42 U.S.C. 6901 et seq.) to
protect the environment from the environmental harm caused by certain
by-products of illegal methamphetamine laboratories and to expand the
civil and criminal penalties available against persons who operate such
laboratories.
(c) Covered Materials.--Not later than 13 months after the date of
the enactment of this Act, the Administrator of the Drug Enforcement
Administration shall submit to the Secretary of Transportation and the
Administrator of the Environmental Protection Agency a list of those
by-products of the methamphetamine production process that, in the
event of improper disposal and inadequate remediation, are likely to
cause long-term harm to the environment. The Administrator of the Drug
Enforcement Administration shall take into consideration the report
required by section 106 in preparing the initial list and shall revise
the list annually thereafter as necessary to reflect changes in the
methamphetamine production process.
(d) Time for Designation.--The designations required by subsections
(a) and (b) shall be completed not later than 18 months after the date
of the enactment of this Act. If the Administrator of the Drug
Enforcement Administration revises the list referred to in subsection
(c), the Secretary of Transportation and the Administrator of the
Environmental Protection Agency shall complete additional designations
to reflect the revisions made to the list not later than 18 months
after the date of the submission of the revised list.
SEC. 104. GRANT PROGRAM TO ASSIST LAW ENFORCEMENT AGENCIES IN THE SAFE
IDENTIFICATION, CLEANUP, AND DISPOSAL OF METHAMPHETAMINE
LABORATORIES.
(a) Grants Authorized.--The Secretary of Labor, acting through the
Occupational Safety and Health Administration, shall provide grants to
State and local law enforcement agencies to be used for--
(1) the provision of training in safe procedures for
identifying, cleaning up, and disposing of methamphetamine
laboratories, and
(2) the acquisition of equipment for the safe
identification, cleanup, and disposal of methamphetamine
laboratories.
(b) Included Activities.--Grant funds provided under subsection (a)
may be used to cover costs associated with training and acquisition
described in such subsection that is provided by public agencies or
private organizations.
(c) Rulemaking.--The Secretary of Labor may prescribe rules to
carry out this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2008.
SEC. 105. GRANT PROGRAM TO ASSIST LAW ENFORCEMENT AGENCIES IN MEETING
THE COSTS OF COMPLYING WITH FEDERAL LAWS RELATING TO
METHAMPHETAMINE LABORATORY CLEANUP AND DISPOSAL.
(a) Grants Authorized.--The Secretary of Labor shall provide grants
to State and local law enforcement agencies to assist such agencies in
meeting the costs of complying with Federal laws regarding the cleanup
and disposal of methamphetamine laboratories.
(b) Rulemaking.--The Secretary of Labor may prescribe rules to
carry out this section.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2008.
SEC. 106. STUDY OF ENVIRONMENTAL IMPACT.
(a) Study Required.--Not later than one year after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency shall submit to Congress a study of the impact of the
operation of laboratories for the manufacture of methamphetamines on
the environment, including the impact on agriculture.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator of the Environmental Protection
Agency $1,000,000 for fiscal year 2008 to conduct the study required by
subsection (a).
TITLE II--EDUCATION, PREVENTION, AND TREATMENT
SEC. 201. STUDY REGARDING HEALTH EFFECTS OF EXPOSURE TO PROCESS OF
UNLAWFUL MANUFACTURE OF METHAMPHETAMINE.
(a) In General.--With respect to the unlawful manufacturing of
methamphetamine, the Secretary of Health and Human Services shall
conduct a study for the purpose of determining--
(1) to what extent food, water, air, soil, equipment, or
other matter becomes contaminated with methamphetamine or other
harmful substances as a result of the proximity of the matter
to the process of such manufacturing; and
(2) whether any adverse health conditions result from the
exposure of individuals to such process or to contaminated
matter within the meaning of paragraph (1).
(b) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall complete the study under subsection (a) and submit to the
Congress a report describing the findings of the study.
SEC. 202. GRANTS FOR EDUCATIONAL PROGRAMS ON PREVENTION AND TREATMENT
OF METHAMPHETAMINE ABUSE.
Part A of title IV of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7101 et seq.) is amended--
(1) in section 4003--
(A) at the end of paragraph (1), by striking
``and'';
(B) at the end of paragraph (2), by striking the
period and inserting ``; and''; and
(C) at the end of the section, by adding the
following:
``(3) $20,000,000 for fiscal year 2008, for grants under
subpart 4.'';
(2) by redesignating subpart 4 as subpart 5; and
(3) by inserting after subpart 3 the following:
``Subpart 4--Education on Prevention and Treatment of Methamphetamine
Abuse
``SEC. 4146. GRANT PROGRAM.
``(a) Grants.--From funds made available to carry out this subpart
under section 4003(3), the Secretary may make grants on a competitive
basis to State agencies, local educational agencies, and nonprofit
organizations to carry out programs to educate students on prevention
and treatment of methamphetamine abuse.
``(b) Applications.--To receive a grant under this section, an
applicant shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.''.
SEC. 203. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND
RELATED CONDITIONS.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended--
(1) by redesignating the section 514 that relates to
methamphetamine and appears after section 514A as section 514B;
and
(2) by inserting after section 514B (as so redesignated)
the following section:
``SEC. 514C. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND
RELATED CONDITIONS.
``(a) In General.--The Secretary may make grants to political
subdivisions of States and to nonprofit private entities for the
purpose of providing treatment for methamphetamine abuse, subject to
subsection (b).
``(b) Certain Services for Children.--In addition to the purpose
described in subsection (a), a grant under such subsection may be
expended to treat children for any adverse health condition resulting
from a qualifying methamphetamine-related exposure.
``(c) Definitions.--For purposes of this section:
``(1) The term `children' means individuals who are under
the age of 18.
``(2)(A) The term `qualifying methamphetamine-related
exposure', with respect to children, means exposure to
methamphetamine or other harmful substances as a result of the
proximity of the children to the process of manufacturing
methamphetamine or the proximity of the children to associated
contaminated matter.
``(B) The term `associated contaminated matter', with
respect to the process of manufacturing methamphetamine, means
food, water, air, soil, equipment, or other matter that is
contaminated with methamphetamine or other harmful substances
as a result of the proximity of the matter to such process.
``(d) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated $10,000,000 for fiscal year 2008.
``(2) Allocation for children.--Of the amount appropriated
under paragraph (1) for a fiscal year, not less than $2,500,000
shall be reserved for carrying out this section with respect to
children.''.
TITLE III--ENFORCEMENT
SEC. 301. AUTHORIZATION OF APPROPRIATIONS RELATING TO METHAMPHETAMINE
LABORATORY SEIZURE STATISTICS.
In addition to any other funds authorized to be appropriated for
fiscal year 2008 for the collection, aggregation, and dissemination of
methamphetamine laboratory seizure statistics by the El Paso
Intelligence Center (EPIC) of the Department of Justice, there is
authorized to be appropriated $2,000,000 for such purpose.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.
(a) In General.--In addition to any other funds authorized to be
appropriated for fiscal year 2008 for grants under part Q of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.), known as the COPS program, there is authorized to be
appropriated $20,000,000 for such purpose to provide training to State
and local prosecutors and law enforcement agents for prosecution of
methamphetamine offenses.
(b) Rural Set-Aside.--Of amounts made available pursuant to
subsection (a), $5,000,000 shall be available only for prosecutors and
law enforcement agents for rural communities.
(c) DEA Reimbursement.--Of amounts made available pursuant to
subsection (a), $2,000,000 shall be available only to reimburse the
Drug Enforcement Administration for existing training expenses.
SEC. 303. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE
PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND
ENVIRONMENTAL CLEANUP.
Section 1701(d) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd(d)) is amended by inserting after paragraph
(4) the following new paragraph:
``(5) hire personnel and purchase equipment to assist in
the enforcement and prosecution of methamphetamine offenses and
the environmental cleanup of methamphetamine-affected areas;''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS RELATING TO THE CLANDESTINE
LABORATORY TRAINING.
In addition to any other funds authorized to be appropriated for
fiscal year 2008 for the facilities and personnel used to operate the
Clandestine Laboratory Training Facility of the Drug Enforcement
Administration, located in Quantico, Virginia, there is authorized to
be appropriated $10,000,000 for such purpose (but to include not more
than 20 additional full-time positions) to provide training to law
enforcement personnel of all the States, the District of Columbia, the
Commonwealth of Puerto Rico, and the territories and possessions of the
United States.
SEC. 305. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL
IMPORTATION OF PSEUDOEPHEDRINE FROM CANADA.
(a) Findings.--The Congress finds that--
(1) pseudoephedrine is one of the basic precursor chemicals
used in the manufacture of the dangerous narcotic
methamphetamine;
(2) the Federal Government, working in cooperation with
narcotics agents of State and local governments and the private
sector, has tightened the control of pseudoephedrine in the
United States in recent years;
(3) pseudoephedrine can only be purchased in the United
States in small quantity bottles or blister packs; however, the
widespread presence of large containers of pseudoephedrine from
Canada at methamphetamine laboratories and dumpsites in the
United States, despite efforts of law enforcement agencies to
stem the flow of these containers into the United States,
demonstrates the strength of the demand for, and the inherent
difficulties in stemming the flow of, these containers from
neighboring Canada; and
(4) Canada lacks a comprehensive legislative framework for
addressing the pseudoephedrine trafficking problem.
(b) Call for Action by Canada.--The Congress strongly urges the
President to seek commitments from the Government of Canada to begin
immediately to take effective measures to stem the widespread and
increasing availability in Canada and the illegal importation into the
United States of pseudoephedrine. | Clean, Learn, Educate, Abolish, Neutralize, and Undermine Production of Methamphetamines Act or the CLEAN-UP of Methamphetamines Act - Authorizes the Secretary of Agriculture and the Secretary of the Interior to carry out environmental cleanup and remediation programs involving specified lands that are contaminated with hazardous substances associated with illegal methamphetamine manufacture.
Directs: (1) the Secretary of Transportation and the Administrator of the Environmental Protection Agency (EPA) to designate as hazardous certain byproducts of the methamphetamine production process and expand penalties against laboratory operators; (2) the Administrator of the Drug Enforcement Administration to list byproducts likely to cause long-term environmental harm; (3) the Secretary of Labor, acting through the Occupational Safety and Health Administration, to provide grants to state and local law enforcement for specified training and equipment acquisition; (4) the EPA Administrator to study the impact of methamphetamine laboratory operation on the environment; and (5) the Secretary of Health and Human Services to study contamination issues. Amends: (1) the Elementary and Secondary Education Act of 1965 to authorize grants to educate students on prevention and treatment of methamphetamine abuse; (2) the Public Health Service Act to authorize grants to provide treatment; and (3) the Omnibus Crime Control and Safe Streets Act of 1968 to include among permissible grant projects under the "cops on the beat" program hiring personnel and purchasing equipment for enforcement, prosecution, and environmental cleanup. Urges the President to seek commitments from the Canadian government to stem the availability of pseudoephedrine in Canada and its illegal importation into the United States. | {"src": "billsum_train", "title": "To respond to the illegal production, distribution, and use of methamphetamines in the United States, and for other purposes."} | 4,112 | 355 | 0.689854 | 2.327955 | 0.710157 | 3.675585 | 10.829431 | 0.919732 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Research in Adult
Education Act''.
SEC. 2. STRENGTHEN RESEARCH IN ADULT EDUCATION.
(a) Education Sciences Reform Act of 2002.--The Education Sciences
Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended--
(1) in section 102 (20 U.S.C. 9501)--
(A) by redesignating paragraphs (2) through (8),
(9) through (22), and (23), as paragraphs (3) through
(9), (11) through (24), and (26), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Adult education; adult education and literacy
activities.--The terms `adult education' and `adult education
and literacy activities' have the meanings given the terms in
section 203 of the Adult Education and Family Literacy Act (20
U.S.C. 9202).'';
(C) by inserting after paragraph (9), as
redesignated by subparagraph (A), the following:
``(10) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 202 of the
Museum and Library Services Act (20 U.S.C. 9101).''; and
(D) by inserting after paragraph (24), as
redesignated by subparagraph (A), the following:
``(25) Student.--Unless otherwise provided, the term
`student' means any elementary, secondary, postsecondary, or
adult education student.'';
(2) in section 111(b)(1) (20 U.S.C. 9511(b)(1)), in the
matter preceding subparagraph (A), by inserting ``, including
adult education'' after ``postsecondary study'';
(3) in section 115(a) (20 U.S.C. 9515(a))--
(A) in the matter preceding paragraph (1), by
inserting ``the Adult Education and Family Literacy Act
(20 U.S.C. 9201 et seq.),'' after ``the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.),''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
adults'' after ``children'';
(ii) in subparagraph (B), by striking
``and'' after the semicolon;
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B)
the following:
``(C) access to, and opportunities for, adult
education and literacy activities; and'';
(4) in section 116(c)(4)(A)(ii) (20 U.S.C.
9516(c)(4)(A)(ii))--
(A) by inserting ``adult educators,'' after
``professional educators,''; and
(B) by inserting ``State directors of adult
education,'' after ``postsecondary education
executives,'';
(5) in section 131(b)(1) (20 U.S.C. 9531(b)(1))--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(E) improve the literacy and numeracy skills of
individuals who need adult education;'';
(6) in section 133 (20 U.S.C. 9533)--
(A) in subsection (a)--
(i) in paragraph (10)(D), by striking
``and'' after the semicolon;
(ii) in paragraph (11), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(12) carry out research on successful State and local
adult education and literacy activities that--
``(A) result in increased literacy and numeracy and
educational attainment for adult learners; or
``(B) prepare students for postsecondary education
or employment.''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``At
least one 1 center shall be assigned the topic
of adult education.'' after ``paragraph (2).'';
and
(ii) in paragraph (2)--
(I) by striking subparagraph (A)
and inserting the following:
``(A) Adult education.'';
(II) by redesignating subparagraphs
(C) through (K) as subparagraphs (D)
through (L), respectively; and
(III) by inserting after
subparagraph (B) the following:
``(C) Digital literacy.'';
(7) in section 153(a)(1) (20 U.S.C. 9543(a)(1))--
(A) by redesignating subparagraphs (F) through (O)
as subparagraphs (G) through (P), respectively;
(B) by inserting after subparagraph (E) the
following:
``(F) access to, and opportunity for, adult
education and literacy activities;''; and
(C) in subparagraph (L), as redesignated by
subparagraph (A), by inserting ``and in adult
education'' after ``secondary schools''; and
(8) in section 172(a)(2) (20 U.S.C. 9562(a)(2))--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) educational practices that improve digital
literacy; and''.
(b) Educational Technical Assistance Act of 2002.--The Educational
Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended in
section 206(b)(2)--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Representatives of local or regional adult
education providers.''. | Strengthening Research in Adult Education Act - Amends the Education Sciences Reform Act of 2002 to revise the mission statement for the Institute of Education Sciences of the Department of Education to ensure access to, and opportunities for, adult education and literacy activities. Revises the composition of presidential appointees to the National Board for Education Sciences to include adult educators. Revises the mission statement for the Institute's National Center for Education Research (Research Center) to include improving the literacy and numeracy skills of individuals who need adult education. Revises also the Research Center's duties to include research on successful state and local adult education and literacy activities that: result in increased literacy, numeracy, and educational attainment for adult learners, or prepare students for postsecondary education or employment. Directs the Research Commissioner to support, through national research and development centers or through other means, research on adult education and digital literacy. Revises duties of the National Center for Education Statistics to require it to include in the statistical data on education in the United States it collects, analyzes, and disseminates data on access to, and opportunity for, adult education and literacy activities. Requires the National Center for Education and Regional Assistance to disseminate widely certain educational information with respect to educational practices that improve digital literacy. Amends the Educational Technical Assistance Act of 2002 to revise the composition of regional advisory committees to include representatives of local or regional adult education providers. | {"src": "billsum_train", "title": "Strengthening Research in Adult Education Act"} | 1,482 | 314 | 0.498493 | 1.478524 | 0.70333 | 2.395522 | 4.705224 | 0.746269 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``MSPA Clarification
Act of 1997''.
(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 Migrant and Seasonal Agricultural Worker
Protection Act.
SEC. 2. FAMILY BUSINESS EXEMPTION.
Section 4(a)(1) (29 U.S.C. 1803(a)(1)) is amended by inserting
before the period the following: ``, such individual's employees choose
to work for another person on their free time, such individual used a
State employment service agency to obtain employees, or such individual
obtained referrals for employment from the other migrant or seasonal
agricultural employees''.
SEC. 3. FARM LABOR CONTRACTOR.
Section 3(6) (29 U.S.C. 1802(6)) is amended by inserting at the end
the following: ``Such term does not include a migrant or seasonal
agricultural worker who voluntarily enters into carpool arrangements or
who is directed or requested to do so by a person pursuant to Federal,
State, or local law.
SEC. 4. INSPECTIONS.
Part A of title V is amended by adding at the end the following:
``investigations
``Sec. 507. No investigation by entry onto a place of agricultural
employment may be made under this Act to determine if a person violated
this Act unless a conference is first held with such person to inform
such person of the purpose of the investigation and a conference is
held with such person at the end of the investigation to inform such
person of the results of the investigation.''.
SEC. 5. VIOLATION CORRECTIONS.
(a) Administrative Sanctions.--Section 503(a)(1) (29 U.S.C.
1853(a)(1)) is amended by adding at the end the following: ``If an
agricultural employer, agricultural association, or farm labor
contractor corrects a violation of this Act or a regulation under this
Act within 10 working days of the date on which a citation for such
violation has been served upon such employer, association, or
contractor, no civil money penalty shall be imposed on such person for
such violation. Such correction of a violation shall be allowed only
where such agricultural employer, agricultural association, or farm
labor contractor has not previously been finally adjudicated to have
violated the same section of this Act or section of the regulations
under this Act as is specified in the citation and the prior violation
occurred after the date this sentence takes effect.''.
(b) Private Right of Action.--Section 504(a) (29 U.S.C. 1854(a)) is
amended by adding at the end the following: ``If an agricultural
employer, agricultural association, or farm labor contractor corrects a
violation of this Act or regulation under this Act within 10 working
days of the date on which the agricultural employer, agricultural
association, or farm labor contractor was notified in writing of such
violation, no action, including a complaint, may be brought under this
subsection with respect to such violation. Such correction of a
violation shall be allowed only where such agricultural employer,
agricultural association, or farm labor contractor has not previously
been finally adjudicated to have violated the same section of this Act
or section of the regulations under this Act as is specified in the
written notification alleging the violation and the prior violation
occurred after the date this sentence takes effect.''.
SEC. 6. REGULATION OF HOUSING.
Section 203 (29 U.S.C. 1823) is amended by adding at the end the
following:
``(d) Approved Housing.--Any farm worker housing which is regulated
and approved for health and safety by a Federal or State agency shall
not be subject to regulation under this section.
``(e) Liability.--Subsection (a) of section 203 (29 U.S.C. 1823) is
amended by adding at the end the following: ``A person who owns or
controls a facility for housing migrant agricultural workers shall not
be held liable under this subsection for housing conditions which are
caused by or are within the responsibility of the housed migrant
workers.''.
SEC. 7. JOINT EMPLOYMENT.
Sections 522, 523, and 524 (29 U.S.C. 1872, 1801 note) are
redesignated as sections 523, 524, and 525, respectively, and the
following new section is inserted after section 521:
``joint employment
``Sec. 522. (a) In determining if an agricultural employer,
agricultural association, or farm labor contractor jointly employs any
migrant or seasonal agricultural worker, only each of the following
factors shall be taken into account--
``(1) the nature and degree of control of the workers,
``(2) the degree of supervision, direct or indirect, of the
work,
``(3) the power to determine the pay rates or the methods
of payment of the workers,
``(4) the right, directly or indirectly, to hire, fire, or
modify the employment conditions of the workers, and
``(5) preparation of payroll and the payment of wages.
In the case of joint responsibility for housing of migrant agricultural
workers, who owns or controls the housing shall be taken into account.
In the case of joint responsibility for transportation of migrant and
seasonal agricultural workers, who owns or directs the transportation
to be utilized shall be taken into account. A person shall not be
considered jointly responsible for transportation of migrant or
seasonal agricultural workers because that person participates in, or
directs or requests such agricultural workers to enter into carpooling
arrangements pursuant to the requirements of Federal, State, or local
law.
``(b) Joint employment or joint responsibility between an
agricultural employer and an agricultural association or farm labor
contractor may not be presumed. Before making a determination of joint
employment or joint responsibility and the imposition of the
requirements of this Act or the issuance of a penalty, the agricultural
employer, the agricultural association, and farm labor contractor shall
be provided with a written determination of joint employment or joint
responsibility with the reasons therefor. For purposes of this
subsection, joint responsibility is not established through a joint
employment analysis.''.
SEC. 8. CONFIRMATION OF REGISTRATION.
Section 402 (29 U.S.C. 1842) is amended by adding at the end the
following: ``Notwithstanding the foregoing, where a person is a farm
labor contractor solely because that person, for any money or other
valuable consideration paid or promised to be paid, engages in
transporting any migrant or seasonal agricultural worker, an
agricultural employer or agricultural association employing any such
migrant or seasonal agricultural worker shall be required to take such
reasonable steps only where such agricultural employer or agricultural
association had actual knowledge that such transportation was not a
carpooling arrangement among the workers themselves.''.
SEC. 9. DEFINITIONS.
(a) Definition of Migrant Agricultural Worker.--Section 3(8)(B) (29
U.S.C. 1802(8)(B)) is amended by striking ``or'' at the end of clause
(i), by striking the period at the end of clause (ii) and inserting ``;
or'', and by adding at the end the following:
``(iii) any individual who is employed by a
specific agricultural employer or association on a
year-round basis.''.
(b) Definition of Seasonal Agricultural Worker.--Section 3(10)(B)
(29 U.S.C. 1802(10)(B)) is amended by striking ``or'' at the end of
clause (ii), by striking the period at the end of clause (iii) and
inserting ``; or'', and by adding at the end the following:
``(iv) any individual who is employed by a specific
agricultural employer or association on a year-round
basis.''.
SEC. 10. MOTOR VEHICLE SAFETY INSURANCE REQUIREMENTS.
Section 401(b) (29 U.S.C. 1841(b)) is amended by amending paragraph
(3) to read as follows:
``(3) The level of insurance required under paragraph
(1)(C) shall be determined by the applicable transportation
requirements under State law.''.
SEC. 11. STATUTE OF LIMITATIONS.
(a) Section 503.--Section 503(a)(1) (29 U.S.C. 1853(a)(1)) is
amended by inserting ``within 2 years of the date of such violation''
after ``assessed''.
(b) Section 504.--Section 504(a) (29 U.S.C. 1854) is amended by
inserting ``within 2 years of the date of such violation'' after
``suit''. | MSPA Clarification Act of 1997 - Amends the Migrant and Seasonal Agricultural Worker Protection Act to enlarge the scope of the family business exemption.
(Sec. 3) Excludes from the definition of "farm labor contracting activity" a migrant or seasonal agricultural worker in a carpool arrangement.
(Sec. 4) Prohibits an investigatory entry into a place of agricultural employment without prior and subsequent conferences with the person being investigated.
(Sec. 5) States that an agricultural employer, association, or farm labor contractor that corrects a violation for which there is no prior adjudication of guilt shall not be subject to a civil money penalty or a private right of action.
(Sec. 6) Exempts: (1) Federal or State approved farm worker housing from regulation under such Act; and (2) owners or operators of migrant agricultural housing from liability for housing conditions caused by or the responsibility of such workers.
(Sec. 7) Sets forth joint employment criteria.
(Sec. 8) Exempts an agricultural employer or association from confirming the registration of a farm labor contractor who supplies only worker transportation services unless the employer or association had actual knowledge that the transportation was not a worker carpooling arrangement.
(Sec. 9) Excludes from the definitions of "migrant agricultural worker" and "seasonal agricultural worker" an individual employed on a year-round basis by a specific employer or association.
(Sec. 10) Subjects motor vehicle safety insurance provisions to State, rather than specified Federal, requirements.
(Sec. 11) Establishes a two-year statute of limitations for violations under such Act. | {"src": "billsum_train", "title": "MSPA Clarification Act of 1997"} | 2,025 | 375 | 0.588628 | 1.862241 | 0.736853 | 2.111821 | 5.603834 | 0.859425 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Pension Forfeiture Act
of 2007''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Members of Congress pledge to uphold the Constitution
and the laws of the United States;
(2) Members of Congress are elected to serve in, and pledge
to uphold, the public trust;
(3) a breach of the public trust by a Member of Congress is
a serious offense that should have serious consequences; and
(4) taxpayers should not pay for the retirement benefits of
Members of Congress who have breached the public trust.
SEC. 3. FORFEITURE.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual convicted of an offense described in
paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this subchapter. Any such individual (or other person determined under
section 8342(c), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(ii) The conduct on which the offense is based is
directly related to the individual's service as a Member.
``(iii) The offense is committed during the One Hundred
Eleventh Congress or later.
``(B) The offenses described in this subparagraph are as follows:
``(i) An offense within the purview of section 201 (bribery
of public officials and witnesses), 203 (compensation to
Members of Congress, officers, and others in matters affecting
the Government), 204 (practice in United States Court of
Federal Claims or the United States Court of Appeals for the
Federal Circuit by Members of Congress), 219 (officers and
employees acting as agents of foreign principals), 286
(conspiracy to defraud the Government with respect to claims),
287 (false, fictitious or fraudulent claims), 371 (conspiracy
to commit offense or to defraud the United States), 597
(expenditures to influence voting), 599 (promise of appointment
by candidate), 602 (solicitation of political contributions),
606 (intimidation to secure political contributions), 607
(place of solicitation), 641 (public money, property or
records), 1001 (statements or entries generally), 1341 (frauds
and swindles), 1343 (fraud by wire, radio, or television), 1503
(influencing or injuring officer or juror), 1951 (interference
with commerce by threats or violence), 1952 (interstate and
foreign travel or transportation in aid of racketeering
enterprises), or 1962 (prohibited activities) of title 18 or
section 7201 (attempt to evade or defeat tax) of the Internal
Revenue Code of 1986.
``(ii) Perjury committed under the statutes of the United
States in falsely denying the commission of an act which
constitutes an offense within the purview of a statute named by
clause (i).
``(iii) Subornation of perjury committed in connection with
the false denial of another individual as specified by clause
(ii).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to
participate in the retirement system under this subchapter while
serving as a Member.
``(4) The Office shall prescribe such regulations as may be
necessary to carry out this subsection, including provisions under
which interest on any lump-sum payment under the second sentence of
paragraph (1) shall be limited in a manner similar to that specified in
the last sentence of section 8316(b).
``(5) Nothing in this subsection shall restrict any authority under
subchapter II or any other provision of law to deny or withhold
benefits authorized by statute.
``(6) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8331(2).''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(i)(1) Notwithstanding any other provision of this chapter, the
service of an individual convicted of an offense described in paragraph
(2) shall not, if or to the extent rendered as a Member (irrespective
of when rendered), be taken into account for purposes of this chapter.
Any such individual (or other person determined under section 8424(d),
if applicable) shall be entitled to be paid so much of such
individual's lump-sum credit as is attributable to service to which the
preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(B) The conduct on which the offense is based is directly
related to the individual's service as a Member.
``(C) The offense is committed during the One Hundred
Eleventh Congress or later.
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to
participate in the retirement system under this chapter while serving
as a Member.
``(4) The Office shall prescribe such regulations as may be
necessary to carry out this subsection, including provisions under
which interest on any lump-sum payment under the second sentence of
paragraph (1) shall be limited in a manner similar to that specified in
the last sentence of section 8316(b).
``(5) Nothing in this subsection shall restrict any authority under
subchapter II of chapter 83 or any other provision of law to deny or
withhold benefits authorized by statute.
``(6) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8401(20).''.
(c) Thrift Savings Plan.--Paragraph (5) of section 8432(g) of title
5, United States Code, is amended by striking ``(5)'' and inserting
``(5)(A)'' and by adding at the end the following:
``(B) Notwithstanding any other provision of law, contributions
made by the Government under subsection (c) for the benefit of an
individual and all earnings attributable to such contributions shall be
forfeited--
``(i) if any service rendered by such individual as a
Member is made noncreditable as a result of a conviction
described in section 8411(i); but only
``(ii) to the extent of any contributions attributable to
periods of service rendered by such individual as a Member (as
described in section 8411(i)(1)) and earnings thereon.''. | Congressional Pension Forfeiture Act of 2007 - Amends federal civil service law, with respect to both the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS), to require the Office of Personnel and Management (OPM) to prescribe regulations that deny eligibility under CSRS or FERS for a Member convicted of certain offenses that are: (1) committed by the individual while a Member, (2) related to the individual's service as a Member, and (3) committed during the 111th Congress or later. Refunds annuity contributions and deposits, excluding interest earned, to a convicted individual.
Defines Member as the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.
Requires forfeit of Thrift Savings Plan contributions made by the government for the benefit of an individual, and all earnings attributed to such contributions, as a result of the Member's conviction. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to provide that a Member of Congress convicted of any of certain felony offenses shall not be eligible for retirement benefits based on that individual's Member service, and for other purposes."} | 1,619 | 229 | 0.513706 | 1.62807 | 0.754632 | 2.164021 | 8.063492 | 0.809524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Perkins Modernization Act of 2015''.
SEC. 2. PURPOSES.
Section 2 of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301) is amended--
(1) in paragraph (1), by striking ``, or high demand
occupations in current or emerging professions'' and inserting
``employment in current or emerging in-demand industry sectors
or occupations'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(8) aligning the skills, certifications, and credentials
of secondary and postsecondary students who enroll in career
and technical education programs with the skills,
certifications, and credentials needed by employers in the
labor markets served by the educational institutions; and
``(9) ensuring that the selection of skills,
certifications, and credentials acquired by career and
technical education students is guided by timely labor market
information.''.
SEC. 3. DEFINITIONS.
Section 3 of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2302) is amended by adding at the end the following:
``(35) In-demand industry sector or occupation.--The term
`in-demand industry sector or occupation' has the meaning given
that term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).''.
SEC. 4. ACCOUNTABILITY.
Section 113(b)(2)(B)(iv) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2323(b)(2)(B)(iv)) is
amended by striking ``, or high demand occupations or professions'' and
inserting ``employment in in-demand industry sectors or occupations''.
SEC. 5. NATIONAL ACTIVITIES.
Section 114(d) of the of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2324(d)) is amended--
(1) in paragraph (2)(B)(iii)(II), by inserting ``in in-
demand industry sectors or occupations'' after ``critical)'';
and
(2) in paragraph (4)(A)(i)(V), by striking ``occupations in
high skill, high wage, or high demand business and industry''
and inserting ``high skill, high wage employment in in-demand
industry sectors or occupations''.
SEC. 6. OCCUPATIONAL AND EMPLOYMENT INFORMATION.
Section 118(c) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2328) is amended--
(1) in paragraphs (1) and (3), by striking ``, or high
demand occupations'' each place it appears and inserting
``employment in in-demand industry sectors or occupations'';
and
(2) in paragraph (4), by striking ``, or high demand
occupations in current or emerging professions'' and inserting
``employment in in-demand industry sectors or occupations,''.
SEC. 7. STATE PLAN.
Section 122(c) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2342(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(ii), by inserting ``and
careers in in-demand industry sectors or occupations''
after ``in postsecondary education'';
(B) in subparagraph (H), by striking ``entry into
high skill, high wage, or high demand occupations in
current or emerging occupations'' and inserting ``for
employment in in-demand industry sectors or
occupations''; and
(C) in subparagraph (I)(iii), by striking
``employment in high skill, high wage, or high demand
occupations'' and inserting ``high skill, high wage
employment in in-demand industry sectors or
occupations'';
(2) in paragraph (4), by inserting ``or into high skill,
high wage employment in in-demand industry sectors or
occupations'' after ``higher education'';
(3) in paragraph (9)(C), by striking ``, or high demand
occupations'' and inserting ``employment in in-demand industry
sectors or occupations''; and
(4) in paragraph (18), by striking ``, or high demand
occupations'' and inserting ``employment in in-demand industry
sectors or occupations''.
SEC. 8. STATE LEADERSHIP ACTIVITIES.
Section 124 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2344) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``, or high
demand occupations'' and inserting ``employment in in-
demand industry sectors or occupations'';
(B) in paragraph (2)(C), by inserting ``,
equipment,'' after ``internships'';
(C) in paragraph (5), by striking ``occupations''
and inserting ``employment in in-demand industry
sectors or occupations'';
(D) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively;
(E) in paragraph (9) (as so redesignated), by
striking ``, or high demand'' and inserting
``employment in in-demand industry sectors or''; and
(F) by inserting after paragraph (6) the following:
``(7) analyzing labor market information collected by State
agencies, Federal agencies, workforce investment boards, or
other third-party organizations engaged in labor market
research in order to ensure that programs of study in career
and technical education align with labor market needs;''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``,
and encouraging secondary students to pursue
dual enrollment coursework as well as industry
licenses, certificates, and other postsecondary
credentials'' after ``degree''; and
(ii) in subparagraph (B), by striking
``occupations'' and inserting ``employment in
in-demand industry sectors or occupations'';
and
(B) in paragraph (9), by striking ``, or high
demand occupations'' and inserting ``employment in in-
demand industry sectors or occupations''.
SEC. 9. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION.
Section 134(b)(8)(C) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2354(b)(8)(C)) is amended by striking
``, or high demand'' and inserting ``employment in in-demand industry
sectors or''.
SEC. 10. LOCAL USES OF FUNDS.
Section 135 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2355) is amended--
(1) in subsection (b)(9), by striking ``, or high demand''
and inserting ``employment in in-demand industry sectors or'';
and
(2) in subsection (c)(12) by striking ``, or high demand''
and inserting ``employment in in-demand industry sectors or''. | Perkins Modernization Act of 2015 This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to revise its purposes, which are to develop more fully the academic and career and technical skills of secondary education students and postsecondary students who elect to enroll in career and technical education programs (as under current law), by: preparing those students for employment in current or emerging in-demand industry sectors or occupations; aligning the skills, certifications, and credentials of the students with those needed by employers in the labor markets served by educational institutions; and ensuring that the selection of skills, certifications, and credentials acquired by such students is guided by timely labor market information. An "in-demand industry sector or occupation" is: an industry sector that has a substantial current or potential impact on the state, regional, or local economy, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors; or an occupation that currently has or is projected to have a number of positions in an industry sector so as to have a significant impact on the state, regional, or local economy. | {"src": "billsum_train", "title": "Perkins Modernization Act of 2015"} | 1,692 | 244 | 0.659594 | 2.015738 | 0.843348 | 2.933333 | 6.688889 | 0.764444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Care and Counseling Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In a recent report, a startling 85 percent of college
counseling centers revealed an increase in the number of
students they see with psychological problems. Furthermore, the
American College Health Association found that 61 percent of
college students reported feeling hopeless, 45 percent said
they felt so depressed they could barely function, and 9
percent felt suicidal.
(2) There is clear evidence of an increased incidence of
depression among college students. According to a survey
described in the Chronicle of Higher Education (February 1,
2002), depression among freshmen has nearly doubled (from 8.2
percent to 16.3 percent). Without treatment, researchers
recently noted that ``depressed adolescents are at risk for
school failure, social isolation, promiscuity, self medication
with drugs and alcohol, and suicide--now the third leading
cause of death among 10-24 year olds.''.
(3) Researchers who conducted the study ``Changes in
Counseling Center Client Problems Across 13 Years'' (1989-2001)
at Kansas State University stated that ``students are
experiencing more stress, more anxiety, more depression than
they were a decade ago.'' (The Chronicle of Higher Education,
February 14, 2003).
(4) According to the 2001 National Household Survey on Drug
Abuse, 20 percent of full-time undergraduate college students
use illicit drugs.
(5) The 2001 National Household Survey on Drug Abuse also
reported that 18.4 percent of adults aged 18 to 24 are
dependent on or abusing illicit drugs or alcohol. In addition,
the study found that ``serious mental illness is highly
correlated with substance dependence or abuse. Among adults
with serious mental illness in 2001, 20.3 percent were
dependent on or abused alcohol or illicit drugs, while the rate
among adults without serious mental illness was only 6.3
percent.''.
(6) A 2003 Gallagher's Survey of Counseling Center
Directors found that 81 percent were concerned about the
increasing number of students with more serious psychological
problems, 67 percent reported a need for more psychiatric
services, and 63 percent reported problems with growing demand
for services without an appropriate increase in resources.
(7) The International Association of Counseling Services
accreditation standards recommend 1 counselor per 1,000 to
1,500 students. According to the 2003 Gallagher's Survey of
Counseling Center Directors, the ratio of counselors to
students is as high as 1 counselor per 2,400 students at
institutions of higher education with more than 15,000
students.
SEC. 3. MENTAL AND BEHAVIORAL HEALTH SERVICES ON CAMPUS.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by inserting after section 120 the following:
``SEC. 120A. MENTAL AND BEHAVIORAL HEALTH SERVICES ON CAMPUS.
``(a) Purpose.--It is the purpose of this section to increase
access to, and enhance the range of, mental and behavioral health
services for students so as to ensure that college students have the
support necessary to successfully complete their studies.
``(b) Program Authorized.--From funds appropriated under subsection
(j), the Secretary shall award competitive grants to institutions of
higher education to create or expand mental and behavioral health
services to students at such institutions, to provide such services,
and to develop best practices for the delivery of such services. Such
grants shall, subject to the availability of such appropriations, be
for a period of 3 years.
``(c) Eligible Grant Recipients.--Any institution of higher
education that seeks to provide, or provides, mental and behavioral
health services to students is eligible to apply, on behalf of such
institution's treatment provider, for a grant under this section.
Treatment providers may include entities such as--
``(1) college counseling centers;
``(2) college and university psychological service centers;
``(3) mental health centers;
``(4) psychology training clinics;
``(5) institution of higher education supported, evidence-
based, mental health and substance abuse screening programs;
and
``(6) any other entity that provides mental and behavioral
health services to students at an institution of higher
education.
``(d) Applications.--Each institution of higher education seeking
to obtain a grant under this section shall submit an application to the
Secretary. Each such application shall include--
``(1) a description of identified mental and behavioral
health needs of students at the institution of higher
education;
``(2) a description of currently available Federal, State,
local, private, and institutional resources to address the
needs described in paragraph (1) at the institution of higher
education;
``(3) an outline of program objectives and anticipated
program outcomes, including an explanation of how the treatment
provider at the institution of higher education will coordinate
activities under this section with existing programs and
services;
``(4) the anticipated impact of funds provided under this
section in improving the mental and behavioral health of
students attending the institution of higher education;
``(5) outreach strategies, including ways in which the
treatment provider at the institution of higher education
proposes to reach students, promote access to services, and
address the range of needs of students;
``(6) a proposed plan for reaching those students most in
need of services;
``(7) a plan to evaluate program outcomes and assess the
services provided with funds under this section; and
``(8) such additional information as is required by the
Secretary.
``(e) Peer Review of Applications.--
``(1) Panel.--The Secretary shall provide the applications
submitted under this section to a peer review panel for
evaluation. With respect to each application, the peer review
panel shall recommend the application for funding or for
disapproval.
``(2) Composition of panel.--
``(A) In general.--The peer review panel shall be
composed of--
``(i) experts who are competent, by virtue
of their training, expertise, or experience, to
evaluate applications for grants under this
section; and
``(ii) mental and behavioral health
professionals and higher education
professionals.
``(B) Non-federal government employees.--A majority
of the members of the peer review panel shall be
individuals who are not employees of the Federal
Government.
``(3) Evaluation and priority.--The peer review panel
shall--
``(A) evaluate the applicant's proposal to improve
current and future mental and behavioral health at the
institution of higher education; and
``(B) give priority in recommending applications
for funding to proposals that--
``(i) provide direct service to students,
as described in subsection (f)(1);
``(ii) improve the mental and behavioral
health of students at institutions of higher
education with a counselor to student ratio
greater than 1 to 1,500; or
``(iii) will best serve students based on
the projected impact of the proposal on mental
and behavioral health at the institution of
higher education as well as the level of
coordination of other resources to aid in the
improvement of mental and behavioral health.
``(f) Use of Funds.--Funds provided by a grant under this section
may be used for 1 or more of the following activities:
``(1) Prevention, screening, early intervention,
assessment, treatment, management, and education of mental and
behavioral health problems of students enrolled at the
institution of higher education.
``(2) Education of families to increase awareness of
potential mental and behavioral health issues of students
enrolled at the institution of higher education.
``(3) Hiring appropriately trained staff, including
administrative staff.
``(4) Strengthening and expanding mental and behavioral
health training opportunities in internship and residency
programs, such as psychology doctoral and post-doctoral
training.
``(5) Supporting the use of evidence-based and emerging
best practices.
``(6) Evaluating and disseminating outcomes of mental and
behavioral health services so as to provide information and
training to other mental and behavioral health entities around
the Nation that serve students enrolled in institutions of
higher education.
``(g) Additional Required Elements.--Each institution of higher
education that receives a grant under this section shall--
``(1) provide annual reports to the Secretary describing
the use of funds, the program's objectives, and how the
objectives were met, including a description of program
outcomes;
``(2) perform such additional evaluation as the Secretary
may require, which may include measures such as--
``(A) increase in range of services provided;
``(B) increase in the quality of services provided;
``(C) increase in access to services;
``(D) college continuation rates;
``(E) decrease in college dropout rates; and
``(F) increase in college graduation rates; and
``(3) coordinate such institution's program under this
section with other related efforts on campus by entities
concerned with the mental, health, and behavioral health needs
of students.
``(h) Supplement Not Supplant.--Grant funds provided under this
section shall be used to supplement, and not supplant, Federal and non-
Federal funds available for carrying out the activities described in
this section.
``(i) Limitations.--
``(1) Percentage limitations.--Not more than--
``(A) 5 percent of grant funds received under this
section shall be used for administrative costs; and
``(B) 20 percent of grant funds received under this
section shall be used for training costs.
``(2) Prohibition on use for construction or renovation.--
Grant funds received under this section shall not be used for
construction or renovation of facilities or buildings.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $10,000,000 for fiscal year
2005 and such sums as may be necessary for each of the 4 succeeding
fiscal years.''. | Campus Care and Counseling Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make competitive grants to institutions of higher education for providing and expanding campus mental and behavioral health services for students. | {"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 to provide funds for campus mental and behavioral health service centers."} | 2,131 | 46 | 0.396557 | 1.017621 | 0.335928 | 3.365854 | 51.878049 | 0.926829 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Article I, section 8 of the Constitution vests solely
in Congress the power to declare war.
(2) The Constitution provides the President with the power
to act as Commander-in-Chief and with the limited power to
utilize the United States Armed Forces to ``repel sudden
attacks''.
(3) The constitutional authority of Congress to declare
war, and the requirement that the President seek Congress'
express prior statutory authorization to deploy United States
Armed Forces are necessary to ensure the collective judgment of
both Congress and the executive branch in making the decision
to deploy United States Armed Forces abroad.
(4) In a May 21, 2011, letter, President Obama notified
congressional leaders that United States military forces had
been deployed to Libya at his direction ``to assist an
international effort authorized by the United Nations Security
Council'', and that ``United Nations Security Council
Resolution 1973 authorized Member States, under Chapter VII of
the U.N. Charter, to take all necessary measures to protect
civilians and civilian populated areas under threat of attack
in Libya, including the establishment and enforcement of a `no-
fly zone' in the airspace of Libya.''.
(5) In a May 20, 2011, letter to congressional leaders,
President Obama wrote that he ``reported to the Congress that
the United States, pursuant to a request from the Arab League
and authorization by the United Nations Security Council, had
acted 2 days earlier to prevent a humanitarian catastrophe by
deploying U.S. forces to protect the people of Libya from the
Qaddafi regime.''.
(6) Section 8(a)(2) of the War Powers Resolution
specifically states that the authority to introduce United
States Armed Forces into hostilities ``shall not be inferred .
. . from any treaty heretofore or hereafter ratified unless
such treaty is implemented by legislation specifically
authorizing the introduction of United States Armed Forces into
hostilities or into such situations and stating that it is
intended to constitute specific statutory authorization within
the meaning of this joint resolution.''.
(7) Section 2(c) of the War Powers Resolution acknowledged
the constitutional powers of President as Commander-in-Chief to
introduce forces into hostilities or imminent hostilities as
``exercised only pursuant to a declaration of war, specific
statutory authorization, or a national emergency created by
attack upon the United States, its territories or possessions,
or its armed forces.''.
(8) The War Powers Resolution was passed by Congress over a
presidential veto in the aftermath of the Vietnam war, to
ensure that Congress had a direct role in the decision to
introduce United States Armed Forces into hostilities.
(9) The introduction of United States Armed Forces into
hostilities authorized by the United Nations or any other
international body aside from the United States Congress is no
substitute for a congressional declaration of war or
authorization for the use of force.
SEC. 2. STATEMENT OF POLICY.
It should be the policy of the United States--
(1) to protect the role of Congress as a coequal branch of
government and ensure the protection of its constitutional
authority to declare war and support the Armed Forces;
(2) to prevent the need for United States and international
military intervention abroad through the utilization of
diplomacy to resolve issues of concern to the United States and
the international community; and
(3) that no funds appropriated or otherwise made available
to any executive agency of the United States Government may be
used to carry out any North Atlantic Treaty Organization
military operation or deploy a unit or individual of the United
States Armed Forces or an element of the intelligence community
in support of a NATO military operation unless the President
determines that such military operation is warranted and seeks
express prior authorization by Congress, as required under
article I, section 8 of the Constitution, except that this
requirement shall not apply to a military operation--
(A) to directly repel an offensive military action
launched against the United States or an ally with whom
the United States has a mutual defense assistance
agreement; or
(B) to directly thwart an imminent offensive
military action to be launched against the United
States or an ally with whom the United States has a
mutual defense assistance agreement.
SEC. 3. PROHIBITION ON DEPLOYMENT OF UNITED STATES ARMED FORCES OR
ELEMENT OF THE INTELLIGENCE COMMUNITY.
(a) Prohibition on Deployment.--Except as provided in subsection
(b), no unit or individual of the United States Armed Forces or an
element of the intelligence community may be deployed in support of a
North Atlantic Treaty Organization military operation absent express
prior statutory authorization from Congress for such deployment.
(b) Exception.--Subsection (a) shall not apply to a military
operation--
(1) to directly repel an offensive military action launched
against the United States or an ally with whom the United
States has a mutual defense assistance agreement; or
(2) to directly thwart an imminent offensive military
action to be launched against the United States or an ally with
whom the United States has a mutual defense assistance
agreement.
(c) Definitions.--In this section--
(1) the term ``deployment'' has the meaning given that term
in section 991(b) of title 10, United States Code; and
(2) the term ``intelligence community'' has the meaning
given the term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
(d) Effective Date.--This section takes effect on the date of the
enactment of this Act and applies with respect to North Atlantic Treaty
Organization military operations initiated on or after such date of
enactment. | States that it is the policy of the United States: (1) to protect the role of Congress as a coequal branch of government and ensure protection of its constitutional authority to declare war and support the Armed Forces; (2) to prevent the need for U.S. and international military intervention abroad through the utilization of diplomacy to resolve issues of concern to the United States and the international community; and (3) that no federal funds may be used to carry out any North Atlantic Treaty Organization (NATO) military operation or to deploy a unit of individual of the U.S. Armed Forces or an element of the intelligence community (IC) in support of a NATO military operation unless the President determines that such operation is warranted and seeks express prior authorization by Congress, as required under the Constitution. Provides an exception in the case of a military operation to directly thwart or repel an offensive military action launched against the United States or an ally with whom the United States has a mutual defense assistance agreement.
Prohibits any unit or individual of the U.S. Armed Forces or IC element from being deployed in support of a NATO military operation absent express prior statutory authorization from Congress, unless under the exception described above. | {"src": "billsum_train", "title": "To prohibit the deployment of a unit or individual of the United States Armed Forces or element of the intelligence community in support of a North Atlantic Treaty Organization military operation absent express prior statutory authorization from Congress for such deployment."} | 1,260 | 266 | 0.5535 | 1.661138 | 0.676886 | 6.065502 | 5.078603 | 0.956332 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Transportation and
Regional Infrastructure Project Bonds Act of 2011'' or ``TRIP Bonds
Act''.
(b) References to Internal Revenue Code of 1986.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Internal Revenue Code of
1986.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Our Nation's highways, transit systems, railroads,
ports, and inland waterways drive our economy, enabling all
industries to achieve growth and productivity that makes
America strong and prosperous.
(2) The establishment, maintenance, and improvement of the
national transportation network is a national priority, for
economic, environmental, energy, security, and other reasons.
(3) The ability to move people and goods is critical to
maintaining State, metropolitan, rural, and local economies.
(4) The construction of infrastructure requires the skills
of numerous occupations, including those in the contracting,
engineering, planning and design, materials supply,
manufacturing, distribution, and safety industries.
(5) Investing in transportation infrastructure creates
long-term capital assets for the Nation that will help the
United States address its enormous infrastructure needs and
improve its economic productivity.
(6) Investment in transportation infrastructure creates
jobs and spurs economic activity to put people back to work and
stimulate the economy.
(7) Every billion dollars in transportation investment has
the potential to create up to 30,000 jobs.
(8) Every dollar invested in the Nation's transportation
infrastructure yields at least $5.70 in economic benefits
because of reduced delays, improved safety, and reduced vehicle
operating costs.
(9) Numerous experts have noted that the estimated cost to
maintain and improve our Nation's highways, bridges, and other
critical transportation infrastructure significantly exceeds
what is currently being provided by all levels of government.
(b) Purpose.--The purpose of this Act is to provide financing for
additional transportation infrastructure capital investments.
SEC. 3. CREDIT TO HOLDERS OF TRIP BONDS.
(a) In General.--Subpart I of part IV of subchapter A of chapter 1
is amended by adding at the end the following new section:
``SEC. 54G. TRIP BONDS.
``(a) TRIP Bond.--For purposes of this subpart, the term `TRIP
bond' means any bond issued as part of an issue if--
``(1) 100 percent of the available project proceeds of such
issue are to be used for expenditures incurred after the date
of the enactment of this section for 1 or more qualified
projects pursuant to an allocation of such proceeds to such
project or projects by a State infrastructure bank,
``(2) the bond is issued by a State infrastructure bank and
is in registered form (within the meaning of section 149(a)),
``(3) the State infrastructure bank designates such bond
for purposes of this section,
``(4) the term of each bond which is part of such issue
does not exceed 30 years,
``(5) the issue meets the requirements of subsection (e),
``(6) the State infrastructure bank certifies that it meets
the State contribution requirement of subsection (h) with
respect to such project, as in effect on the date of issuance,
and
``(7) the State infrastructure bank certifies the State
meets the requirement described in subsection (i).
``(b) Qualified Project.--For purposes of this section, the term
`qualified project' means the capital improvements to any
transportation infrastructure project of any governmental unit or other
person, including roads, bridges, rail and transit systems, ports, and
inland waterways proposed and approved by a State infrastructure bank,
but does not include costs of operations or maintenance with respect to
such project.
``(c) Applicable Credit Rate.--In lieu of section 54A(b)(3), for
purposes of section 54A(b)(2), the applicable credit rate with respect
to an issue under this section is the rate equal to an average market
yield (as of the day before the date of sale of the issue) on
outstanding long-term corporate debt obligations (determined in such
manner as the Secretary prescribes).
``(d) Limitation on Amount of Bonds Designated.--
``(1) In general.--The maximum aggregate face amount of
bonds which may be designated under subsection (a) by any State
infrastructure bank shall not exceed the TRIP bond limitation
amount allocated to such bank under paragraph (3).
``(2) National limitation amount.--There is a TRIP bond
limitation amount for each calendar year. Such limitation
amount is--
``(A) $5,000,000,000 for 2011,
``(B) $5,000,000,000 for 2012,
``(C) $10,000,000,000 for 2013,
``(D) $10,000,000,000 for 2014,
``(E) $10,000,000,000 for 2015,
``(F) $10,000,000,000 for 2016, and
``(G) except as provided in paragraph (4), zero
thereafter.
``(3) Allocations to states.--The TRIP bond limitation
amount for each calendar year shall be allocated by the
Secretary among the States such that each State is allocated 2
percent of such amount.
``(4) Carryover of unused issuance limitation.--If for any
calendar year the TRIP bond limitation amount under paragraph
(2) exceeds the amount of TRIP bonds issued during such year,
such excess shall be carried forward to 1 or more succeeding
calendar years as an addition to the TRIP bond limitation
amount under paragraph (2) for such succeeding calendar year
and until used by issuance of TRIP bonds.
``(e) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if, as of the date of issuance,
the State infrastructure bank reasonably expects--
``(A) at least 100 percent of the available project
proceeds of such issue are to be spent for 1 or more
qualified projects within the 5-year expenditure period
beginning on such date,
``(B) to incur a binding commitment with a third
party to spend at least 10 percent of the proceeds of
such issue, or to commence construction, with respect
to such projects within the 12-month period beginning
on such date, and
``(C) to proceed with due diligence to complete
such projects and to spend the proceeds of such issue.
``(2) Rules regarding continuing compliance after 5-year
determination.--To the extent that less than 100 percent of the
available project proceeds of such issue are expended by the
close of the 5-year expenditure period beginning on the date of
issuance, the State infrastructure bank shall redeem all of the
nonqualified bonds within 90 days after the end of such period.
For purposes of this paragraph, the amount of the nonqualified
bonds required to be redeemed shall be determined in the same
manner as under section 142.
``(f) Recapture of Portion of Credit Where Cessation of
Compliance.--If any bond which when issued purported to be a TRIP bond
ceases to be such a bond, the State infrastructure bank shall pay to
the United States (at the time required by the Secretary) an amount
equal to the sum of--
``(1) the aggregate of the credits allowable under section
54A with respect to such bond (determined without regard to
section 54A(c)) for taxable years ending during the calendar
year in which such cessation occurs and each succeeding
calendar year ending with the calendar year in which such bond
is redeemed by the bank, and
``(2) interest at the underpayment rate under section 6621
on the amount determined under paragraph (1) for each calendar
year for the period beginning on the first day of such calendar
year.
``(g) TRIP Bonds Trust Account.--
``(1) In general.--The following amounts shall be held in a
TRIP Bonds Trust Account:
``(A) The proceeds from the sale of all bonds
issued under this section.
``(B) The investment earnings on proceeds from the
sale of such bonds.
``(C) The amount described in paragraph (2).
``(D) Any earnings on any amounts described in
subparagraph (A), (B), or (C).
``(2) Appropriation of revenues.--There is hereby
transferred to the TRIP Bonds Trust Account an amount equal to
the lesser of--
``(A) the revenues resulting from the imposition of
fees pursuant to section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c) for fiscal years beginning after September 30,
2011, or
``(B) $50,000,000,000.
``(3) Use of funds.--Amounts in the TRIP Bonds Trust
Account may be used only to pay costs of qualified projects and
redeem TRIP bonds, except that amounts withdrawn from the TRIP
Bonds Trust Account to pay costs of qualified projects may not
exceed the proceeds from the sale of TRIP bonds described in
subsection (a)(1).
``(4) Use of remaining funds in trip bonds trust account.--
Upon the redemption of all TRIP bonds issued under this
section, any remaining amounts in the TRIP Bonds Trust Account
shall be available to pay the costs of any qualified project.
``(5) Applicability of federal law.--The requirements of
any Federal law, including titles 23, 40, and 49 of the United
States Code, which would otherwise apply to projects to which
the United States is a party or to funds made available under
such law and projects assisted with those funds shall apply
to--
``(A) funds made available under the TRIP Bonds
Trust Account for similar qualified projects, including
contributions required under subsection (h), and
``(B) similar qualified projects assisted through
the use of such funds.
``(6) Investment.--Subject to subsections (e) and (f), it
shall be the duty of the Secretary to invest in investment
grade obligations such portion of the TRIP Bonds Trust Account
as is not, in the judgment of the Secretary, required to meet
current withdrawals. To the maximum extent practicable,
investments should be made in securities that support
infrastructure investment at the State and local level.
``(h) State Contribution Requirements.--
``(1) In general.--For purposes of subsection (a)(6), the
State contribution requirement of this subsection is met with
respect to any qualified project if the Secretary has received
from 1 or more States, not later than the date of issuance of
the bond, written commitments for matching contributions of not
less than 20 percent (or such smaller percentage as determined
under title 23, United States Code, for such State) of the cost
of the qualified project.
``(2) State matching contributions may not include federal
funds.--For purposes of this subsection, State matching
contributions shall not be derived, directly or indirectly,
from Federal funds, including any transfers from the Highway
Trust Fund under section 9503.
``(i) Utilization of Updated Construction Technology for Qualified
Projects.--For purposes of subsection (a)(7), the requirement of this
subsection is met if the appropriate State agency relating to the
qualified project is utilizing updated construction technologies.
``(j) Other Definitions and Special Rules.--For purposes of this
section--
``(1) State infrastructure bank.--
``(A) In general.--The term `State infrastructure
bank' means a State infrastructure bank established
under section 610 of title 23, United States Code, and
includes a joint venture among 2 or more State
infrastructure banks.
``(B) Special authority.--Notwithstanding any other
provision of law, a State infrastructure bank shall be
authorized to perform any of the functions necessary to
carry out the purposes of this section, including the
making of direct grants to qualified projects from
available project proceeds of TRIP bonds issued by such
bank.
``(2) Credits may be transferred.--Nothing in any law or
rule of law shall be construed to limit the transferability of
the credit or bond allowed by this section through sale and
repurchase agreements.
``(3) Prohibition on use of highway trust fund.--
Notwithstanding any other provision of law, no funds derived
from the Highway Trust Fund established under section 9503
shall be used to pay for credits under this section.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 54A(d) of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``or'' at the end of subparagraph
(D),
(B) by inserting ``or'' at the end of subparagraph
(E),
(C) by inserting after subparagraph (E) the
following new subparagraph:
``(F) a TRIP bond,'', and
(D) by inserting ``(paragraphs (3), (4), and (6),
in the case of a TRIP bond)'' after ``and (6)''.
(2) Subparagraph (C) of section 54A(d)(2) of such Code is
amended by striking ``and'' at the end of clause (iv), by
striking the period at the end of clause (v) and inserting ``,
and'', and by adding at the end the following new clause:
``(vi) in the case of a TRIP bond, a
purpose specified in section 54G(a)(1).''.
(c) Clerical Amendment.--The table of sections for subpart I of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 54G. TRIP bonds.''.
(d) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 4. ADDITIONAL REVENUES THROUGH EXTENSION OF CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)), as amended by the
Omnibus Trade Act of 2010, is amended--
(1) by striking ``January 7, 2020'' in subparagraph (A) and
inserting ``January 7, 2048'', and
(2) by striking ``January 14, 2020'' in subparagraph (B)(i)
and inserting ``January 14, 2048''. | Transportation and Regional Infrastructure Project Bonds Act of 2011 or TRIP Bonds Act - Amends the Internal Revenue Code to allow an income tax credit for any TRIP bond issued by a state infrastructure bank as part of an issue, if 100% of the available project proceeds from such issue are to be used for expenditures incurred for one or more qualified projects. Requires proceeds from the sale of bonds issued under this Act to be held in a TRIP Bonds Trust Account.
Defines "qualified project" as the capital improvements to any transportation infrastructure project (including roads, bridges, rail and transit systems, ports, and inland waterways) proposed and approved by a state infrastructure bank.
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend certain customs fees for the processing of merchandise entered into the United States through specified dates in 2048. | {"src": "billsum_train", "title": "A bill to provide $50,000,000,000 in new transportation infrastructure funding through bonding to empower States and local governments to complete significant infrastructure projects across all modes of transportation, including roads, bridges, rail and transit systems, ports, and inland waterways, and for other purposes."} | 3,189 | 188 | 0.486659 | 1.336339 | 0.675686 | 4 | 19.075472 | 0.893082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air and Health Quality Empowerment
Zone Designation Act of 2008''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish criteria through the use of
which specific geographical areas--
(1) shall be designated as air and health quality
empowerment zones; and
(2) may apply for grants authorized for the purpose of
replacing or retrofitting polluting vehicles or engines (or
both vehicles and engines) in order to improve the health of
the population living in the zones.
SEC. 3. FINDINGS.
Congress finds that--
(1) the San Joaquin Valley faces serious air quality
challenges that impact the development, health, and economy of
the Valley;
(2) the Valley emits approximately 624 tons of nitrogen
oxides per day, and attainment of the federally mandated 8-hour
ozone standard under the Clean Air Act requires emissions of
not more than 160 tons of oxides of nitrogen per day;
(3) the Valley does not attain the federally mandated
standard for PM<INF>2.5</INF>;
(4) the children of the Valley miss 188,000 school days per
year, which translates to 1 in 4 of those children experiencing
a day of absence each year due to elevated ozone levels;
(5) approximately 460 residents of the Valley die earlier
than they otherwise would due to elevated ozone levels, and
Valley residents experience 23,300 asthma attacks per year, a
rate that equals 3 times the State average and 5 times the
national average;
(6) 1 in 5 children residing in the Valley have been
diagnosed with asthma;
(7) nonattainment of Federal air quality standards costs
the Valley $3,200,000,000 annually;
(8) the Valley experiences chronic double-digit
unemployment rates; and
(9) the Federal Government must partner with the Valley and
the State to address air quality, health, and economic
development for the residents of the Valley through the
designation of the Valley as air quality empowerment zone that
is eligible for Federal grants and technical assistance.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Agency.--The term ``Agency'' means the Environmental
Protection Agency.
(3) Clean air act.--The term ``Clean Air Act'' means the
Clean Air Act (42 U.S.C. 7401 et seq.).
(4) PM<INF>2.5</INF>.--The term ``PM<INF>2.5</INF>'' means
particulate matter with a diameter that does not exceed 2.5
micrometers.
(5) Strategic plan.--The term ``strategic plan'' means,
with respect to an area, the plan contained in the application
for designation of the area under section 5.
(6) Valley.--The term ``Valley'' means the San Joaquin
Valley, California.
SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION PROCEDURES.
(a) In General.--From among the areas nominated for designation
under this section, the Administrator may designate 1 or more areas as
air and health quality empowerment zones.
(b) Period for Which Designation Is in Effect.--
(1) In general.--Any designation under this section shall
remain in effect during the period beginning on the date of the
designation and ending on the earlier of--
(A) the last day of the tenth calendar year
beginning on the date of the designation; or
(B) the date on which the Administrator revokes the
designation.
(2) Revocation of designation.--The Administrator may
revoke the designation under this section of an area if the
Administrator determines that the local air pollution control
district in which the designated area is located--
(A) has been designated as being in attainment with
the national ambient air quality standard for
PM<INF>2.5</INF> and ozone promulgated under the Clean
Air Act; or
(B) is not complying substantially with, or fails
to make progress in achieving the goals of, the
strategic plan.
(c) Limitations on Designations.--No area may be designated under
subsection (a) unless--
(1) the area is nominated for designation by the air
pollution control district with jurisdiction over the area;
(2) the air pollution control district provides written
assurances satisfactory to the Administrator that the strategic
plan will be implemented; and
(3) the Administrator determines that any information
provided is reasonably accurate.
(d) Application.--No area may be designated under subsection (a)
unless the application for the designation--
(1) demonstrates that the nominated area satisfies the
eligibility criteria described in section 6; and
(2) includes a strategic plan for accomplishing the
purposes of this Act that--
(A) describes--
(i) the process by which the nominated area
is a full partner in the process of developing
and implementing the plan; and
(ii) the extent to which local institutions
and organizations have contributed to the
planning process;
(B) identifies--
(i) the amount of State, local, and private
resources that will be available for the
nominated area; and
(ii) the private/public partnerships to be
used (which may include participation by, and
cooperation with, institutions of higher
education, medical centers, and other private
and public entities);
(C) identifies the funding requested under any
Federal program in support of the purposes of this Act;
(D) identifies baselines, methods, and benchmarks
for measuring the success of carrying out the strategic
plan; and
(E) includes such other information as may be
required by the Administrator.
SEC. 6. ELIGIBILITY CRITERIA.
(a) In General.--A nominated area shall be eligible for designation
under section 5(a) only if the area meets all of the following
criteria:
(1) Nonattainment.--The nominated area has been designated
as being--
(A) in extreme nonattainment of the 8-hour ozone
national ambient air quality standard promulgated by
the Administrator under the Clean Air Act; and
(B) in nonattainment of national ambient air
quality standard for PM<INF>2.5</INF> promulgated by
the Administrator under that Act.
(2) Agricultural sources.--The nominated area has--
(A) emissions of oxides of nitrogen from farm
equipment of at least 30 tons per day in calendar year
2010; or
(B) emissions of volatile organic compounds from
farming operations of at least 40 tons per day in
calendar year 2010.
(3) Air-related health effects.--As of the date of
nomination, the nominated area--
(A) meets or exceeds the national average per
capita incidence of asthma; and
(B) meets or exceeds the national average of school
days missed due to the health impact of elevated ozone
levels.
(4) Economic impact.--As of the date of nomination, the
nominated area experiences unemployment rates higher than the
national average.
(5) State matching funds.--The nominated area is located
within a State and local area that will match at least \1/2\ of
the funds provided by the Federal Government under this Act.
SEC. 7. ELIGIBLE GRANT APPLICANTS.
Any air pollution control district or other local governmental
entity authorized to regulate air quality in a State under the Clean
Air Act may apply for a grant under this Act.
SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWERMENT GRANTS.
(a) Eligibility.--
(1) In general.--Each area designated as an air and health
quality empowerment zone under section 5(a) shall be eligible
to receive 1 or more grants under this section.
(2) Amount of grants.--The amount of each grant awarded to
a designated air and health quality empowerment zone shall be
determined by the Administrator based upon a review of--
(A) the information contained in the applications
required by section 5(d); and
(B) the needs set forth in the applications by
those designated as beneficiaries.
(3) Timing of grants.--With respect to each designated air
and health quality empowerment zone, the Administrator shall
make--
(A) a grant under this section to each such zone on
the date of designation of the zone under section 5(a);
and
(B) the grant under this section to each such zone
available on the first day of the first fiscal year
that begins after the date of designation of the zone.
(4) Oversight of grants.--The air pollution control
district or other local government entity authorized to
regulate air quality in an area designated as an air and health
safety empowerment zone under section 5(a) shall oversee the
use of any grant funds provided to the zone under this section.
(b) Use of Grants.--Each air and health safety empowerment zone
that receives a grant under this section shall use the grant solely--
(1) to carry out activities that achieve the purposes
described in section 2;
(2) in accordance with the strategic plan for the zone; and
(3) for activities that benefit the residents of the zone
for which the grant is made through improved air quality and
health.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to provide grants under this section
$20,000,000 for each of fiscal years 2009 through 2013. | Air and Health Quality Empowerment Zone Designation Act of 2008 - Authorizes the Administrator of the Environmental Protection Agency (EPA) to designate areas nominated by local air pollution control districts as air and health quality empowerment zones, which shall be eligible for grants for replacing or retrofitting polluting vehicles and/or engines in order to improve the health of the population living in the zones.
Sets forth area eligibility requirements, including: (1) being in nonattainment of specified national ambient air quality standards for ozone or PM2.5 (particulate matter with a diameter that does not exceed 2.5 micrometers); (2) having specified emission levels from agricultural sources; (3) meeting or exceeding national averages for asthma, school days missed for ozone levels, and unemployment; and (4) being eligible for state or local matching funds.
Prohibits an area from being designated unless the relevant district provides satisfactory assurances that the strategic plan (to be contained in its application) will be implemented. Authorizes the Administrator to revoke the designation if the relevant district: (1) has been designated as being in attainment with the air quality standards; or (2) is failing to comply with, or make progress in achieving the goals of, its strategic plan. | {"src": "billsum_train", "title": "A bill to address the health and economic development impact of nonattainment of federally mandated air quality standards in the San Joaquin Valley, California, by designating air quality empowerment zones."} | 2,112 | 263 | 0.61274 | 1.936497 | 0.861769 | 3.307692 | 8 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Advisory Commission on
Alternative Routes to Teacher Certification Act of 2001''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a commission to study, and
report to the Congress recommendations on, how the States might improve
and expand their systems for alternative certification of teachers. The
Commission is also to make recommendations on the appropriate steps the
Federal Government might take in fostering improvement and expansion of
States' alternative certification programs for teachers.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Interest among the States in providing alternate routes
for certifying teachers is escalating.
(2) In 1998 and 1999 alone, States developed 10 new
alternate route programs. In the past 2 years, 14 States have
passed, introduced, or plan to introduce, new legislation to
establish alternative programs for the preparation and
certification of individuals who have a bachelor's degree and
want to become teachers.
(3) More than 125,000 individuals have been certified
through alternative routes. In 1998 and 1999, more than 24,000
teachers were certified through alternative routes in just the
28 States that collected these data.
(4) 40 States have some type of alternative to going back
to college and majoring in education in order to become a
teacher. The States currently report 115 such programs.
(5) People from all walks of life are stepping forward to
meet the projected demand for teachers. Many of these
individuals already have at least a bachelor's degree, and for
these individuals, the old model of training teachers in
undergraduate education programs is not practical. States are
aggressively meeting the challenge by creating new training and
licensing avenues for people to enter the teaching profession.
(6) These alternative teacher certification routes provide
opportunities for people from various educational backgrounds
and walks of life to become teachers. They have opened doors to
teaching for persons switching careers, leaving the military,
and graduating from liberal arts colleges. They have also
provided opportunities for former teachers who want to upgrade
their credentials and get back into teaching and for people who
trained to teach years ago but never did.
(7) In 1999, 36 States reported that they had programs
targeted specifically to bring into the teaching profession
individuals from careers other than education, the individuals
formerly in the military, retirees, liberal arts graduates, and
others.
(8) Compared with recent college graduates who come into
teaching directly from a traditional teacher preparation
program, those entering teaching through alternate routes--
(A) have degrees with majors in subjects other than
education;
(B) are more likely to have work experience in
occupations other than education;
(C) tend to be older;
(D) are more likely to be people of color; and
(E) are more likely to be men.
(9) Those entering teaching through alternate routes are
more likely to teach where job demand is greatest, such as in
inner cities and outlying rural areas, and in high-demand
subject areas.
SEC. 4. ESTABLISHMENT OF A NATIONAL ADVISORY COMMISSION ON ALTERNATIVE
ROUTES TO TEACHER CERTIFICATION.
(a) In General.--There is established within the executive branch a
National Advisory Commission on Alternative Routes to Teacher
Certification (in this Act referred to as the ``Commission''),
comprised of 10 members to be appointed by the Secretary of Education.
The membership of the Commission shall be as follows:
(1) 2 members who currently serve as college professors in
schools of education.
(2) 2 members who currently serve as State teacher
licensure officials.
(3) 2 members who currently serve as classroom teachers.
(4) 2 members who serve as superintendents or comparable
local educational agency officials.
(5) 2 members who have special expertise in the alternative
certification of teachers, including individuals currently
involved in providing alternative routes to teaching and
certification.
(b) Sense of Congress.--It is the sense of the Congress that the
Secretary of Education should draw from a number of important areas of
expertise in appointing the Commission, including various experts
familiar with the issue of teacher licensure and, in particular,
alternative teacher certification.
(c) Appointments.--Appointments to the Commission shall be made not
later than 45 days after the date of the enactment of this Act.
SEC. 5. RULES OF THE COMMISSION.
(a) Quorum.--5 members of the Commission shall constitute a quorum
for conducting the business of the Commission.
(b) Initial Meeting.--If, 60 days after the date of the enactment
of this Act, 5 or more members of the Commission have been appointed,
members who have been appointed may meet and select the Chair (or Co-
chairs) who thereafter shall have the authority to begin the operations
of the Commission, including the hiring of staff.
(c) Rules.--The Commission may adopt such other rules as it
considers appropriate.
(d) Vacancies.--Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made. Any meeting of the Commission or any subcommittee
thereof may be held in executive session to the extent that the Chair
(Co-Chairs, if elected) or a majority of the members of the Commission
or subcommittee determine appropriate.
(e) Continuation of Membership.--If any individual is appointed to
the Commission by virtue of holding a position described in section
4(a), and ceases to hold such position before the report of the
Commission is submitted, such individual may continue as a member of
the Commission for not longer than the 30-day period beginning on the
date that such individual ceases to hold such position.
SEC. 6. DUTIES OF THE COMMISSION.
(a) In General.--The duties of the Commission shall include the
following:
(1) To conduct, for a period of not to exceed 18 months
from the date of its first meeting, the review described in
subsection (b).
(2) To submit to the Congress a report of the results of
such review, including recommendations for revisions to the
Elementary and Secondary Education Act of 1965 and the Higher
Education Act of 1965.
(b) Review and Issuing Proposals.--The Commission shall review all
existing and proposed programs for alternative teacher certification in
the various States and ascertain which programs work best in terms of
hiring and retaining highly qualified teachers, including professionals
seeking a second career in teaching, and, when applicable, issue
proposals and recommendations on the components of highly effective
alternative teacher certification programs and ways for States to
develop and implement such programs. The Commission shall also make
recommendations concerning the appropriate measures that might be
undertaken by the Federal Government to improve and expand alternative
certification programs in the States, including recommendations for
legislative changes to the Elementary and Secondary Education Act of
1965 and the Higher Education Act of 1965.
SEC. 7. POWERS OF THE COMMISSION.
(a) In General.--The Commission or, on the authorization of the
Commission, any subcommittee or member thereof, may, for the purpose of
carrying out the provisions of this Act, hold such hearings and sit and
act at such times and places, take such testimony, receive such
evidence, and administer such oaths, as the Commission or such
designated subcommittee or designated member may deem advisable.
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(c) Assistance From Federal Agencies and Offices.--
(1) Information.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, as well as from any
committee or other office of the legislative branch, such
information, suggestions, estimates, and statistics as it
requires for the purposes of its review and report. Each such
department, bureau, agency, board, commission, office,
establishment, instrumentality, or committee shall, to the
extent not prohibited by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the Chair (Co-chairs, if
elected).
(2) Department of education.--The Secretary of Education is
authorized on a nonreimbursable basis to provide the Commission
with administrative services, funds, facilities, staff, and
other support services for the performance of the Commission's
functions.
(3) General services administration.--The Administrator of
General Services shall provide to the Commission on a
nonreimbursable basis such administrative support services as
the Commission may request.
(4) Other assistance.--In addition to the assistance set
forth in paragraphs (1) through (3), departments and agencies
of the United States are authorized to provide to the
Commission such services, funds, facilities, staff, and other
support services as they may deem advisable and as may be
authorized by law.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(6) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property in carrying out its
duties under this Act.
SEC. 8. STAFF OF THE COMMISSION.
(a) In General.--The Chair (Co-Chairs, if elected), in accordance
with rules agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as may be
necessary to enable the Commission to carry out its functions without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to the
provisions of chapter 51 and subchapter III or chapter 53 of such title
relating to classification and General Schedule pay rates, except that
no rate of pay fixed under this subsection may exceed the equivalent of
that payable to a person occupying a position at level V of the
Executive Schedule under section 5316 of title 5, United States Code.
Any Federal Government employee may be detailed to the Commission
without reimbursement from the Commission, and such detailee shall
retain the rights, status, and privileges of his or her regular
employment without interruption.
(b) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 9. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--
(1) In general.--Except as provided in paragraph (2), each
member of the Commission may be compensated at not to exceed
the daily equivalent of the annual rate of basic pay in effect
for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day
during which that member is engaged in the actual performance
of the duties of the Commission.
(2) Exception.--Members of the Commission who are officers
or employees of the United States or Members of Congress shall
receive no additional pay on account of their service on the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 10. REPORT OF THE COMMISSION; TERMINATION.
(a) Report.--Not later than 18 months after the date of the first
meeting of the Commission, the Commission shall submit a report to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate. The report of the Commission shall describe the
results of its review under section 6(b), shall make the
recommendations for revisions to the Elementary and Secondary Education
Act of 1965 and the Higher Education Act of 1965 referred to section
6(a)(2), and shall such make recommendations to State departments of
education as the Commission considers appropriate.
(b) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate on the date that is 90 days after the
date on which the report is required to be submitted under
subsection (a).
(2) Concluding activities.--The Commission may use the 90-
day period referred to in paragraph (1) for the purposes of
concluding its activities, including providing testimony to
committees of the Congress concerning its report and
disseminating such report. | National Advisory Commission on Alternative Routes to Teacher Certification Act of 2001 - Establishes within the executive branch a National Advisory Commission on Alternative Routes to Teacher Certification to study and report to Congress on how the States might improve and expand their systems for alternative certification of teachers, including recommendations on how the Federal Government might foster State alternative certification programs. | {"src": "billsum_train", "title": "To provide for the establishment of a commission to review and make recommendations to the Congress and the States on alternative and nontraditional routes to teacher certification."} | 2,752 | 73 | 0.566793 | 1.526467 | 1.323797 | 5.03125 | 41.171875 | 0.96875 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Relations between the United States and Taiwan are
governed by the Taiwan Relations Act (22 U.S.C. 3301 et seq.;
Public Law 96-8), three joint communiques, and the Six
Assurances.
(2) The Taiwan Relations Act has governed United States
arms sales to Taiwan since 1979, when the United States
extended diplomatic recognition to the People's Republic of
China.
(3) The Taiwan Relations Act specifies that it is United
States policy, among other things, to consider any nonpeaceful
means to determine Taiwan's future ``a threat'' to the peace
and security of the Western Pacific and of ``grave concern'' to
the United States, ``to provide Taiwan with arms of a defensive
character'', and ``to maintain the capacity of the United
States to resist any resort to force or other forms of
coercion'' jeopardizing the security or social or economic
system of Taiwan's people.
(4) Section 3(a) of the Taiwan Relations Act states that
``the United States will make available to Taiwan such defense
articles and defense services in such quantity as may be
necessary to enable Taiwan to maintain a sufficient self-
defense capability''.
(5) Section 3(b) of the Taiwan Relations Act stipulates
that both the President and the Congress shall determine the
nature and quantity of such defense articles and services
``based solely'' upon their judgment of the needs of Taiwan.
(6) Taiwan has recently reversed a downward trend in
defense spending with a $2.2 billion increase in 2007 to $9.8
billion and the Defense Ministry has requested and the
Executive Yuan approved a 2008 budget of $10.6 billion, an
increase of 15 percent.
(7) According to the Congressional Research Service, the
executive branch has yet to send any arms transfer
notifications to Congress during calendar year 2008, including
notifications on at least seven pending arms sales programs
with a total value of about $11 billion that encompass programs
on a submarine design, Patriot PAC-3 missile defense systems,
and Apache and Blackhawk helicopters.
(8) Taiwanese President Ma Ying-jeou stated on July 12,
2008, that the island needs to secure defensive weapons from
the United States, despite a warming of relations with mainland
China.
(9) On July 16, 2008, Admiral Timothy Keating, Commander of
the Hawaii-based United States Pacific Command, acknowledged
that the executive branch had imposed a ``freeze'' on arms
sales to Taiwan, a decision that is in contradiction to
longstanding United States law and policy.
SEC. 2. MANDATORY CONGRESSIONAL BRIEFINGS.
(a) Briefings.--Not later than 90 days after the date of enactment
of this Act, and not later than 120 days thereafter, the Secretary of
State, in consultation with the Secretary of Defense, shall provide
detailed briefings to Congress on--
(1) any discussions conducted between any executive branch
agency and the Government of Taiwan during the covered period;
and
(2) any potential transfer of defense articles or defense
services to the Government of Taiwan.
(b) Definitions.--In this section:
(1) Covered period.--The term ``covered period'' means--
(A) with respect to the initial briefings required
under subsection (a), the period beginning on the date
of the enactment of this Act and ending on the date of
the initial briefings; and
(B) with respect to the subsequent briefings
required under subsection (a), the period beginning on
the day after the date of the initial briefings
required under subsection (a) and ending on the date of
the subsequent briefings.
(2) Executive branch agency.--The term ``executive branch
agency'' has the meaning given the term ``agency'' in section
551(1) of title 5, United States Code.
(3) Defense article.--The term ``defense article'' has the
meaning given the term in section 47 of the Arms Export Control
Act (22 U.S.C. 2794 note).
(4) Defense service.--The term ``defense service'' has the
meaning given the term in section 47 of the Arms Export Control
Act (22 U.S.C. 2794 note).
Passed the House of Representatives September 23, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Directs the Secretary of State, not later than 90 days after the date of enactment of this Act and not later than 120 days thereafter, to provide detailed briefings to Congress respecting: (1) any discussions conducted between any executive branch agency and the government of Taiwan during a covered period (as defined by this Act); and (2) any potential transfer of defense articles or defense services to Taiwan. | {"src": "billsum_train", "title": "To require the Secretary of State, in consultation with the Secretary of Defense, to provide detailed briefings to Congress on any recent discussions conducted between United States Government and the Government of Taiwan and any potential transfer of defense articles or defense services to the Government of Taiwan."} | 945 | 84 | 0.497117 | 1.38723 | 0.530138 | 5.721519 | 11.227848 | 0.962025 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pentagon 9/11 Memorial Commemorative
Coin Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Construction of the Pentagon was completed in the midst
of World War II on January 15, 1943.
(2) September 11, 2001, marks a tragic day in the history
of the United States and the Pentagon Building located in
Arlington, Virginia.
(3) 184 individuals ages 3 to 71 lost their lives through
the horrific event that unfolded at the Pentagon on September
11, 2001.
(4) An appropriate memorial reminding us of the brave men,
women, and children who perished has been designed and is to be
built on 1.93 acres located on the western side of the Pentagon
Building.
(5) The target completion date for the construction of the
Pentagon Memorial park is late fall 2006.
(6) Almost $30,000,000 will need to be raised from the
private sector in order to begin construction of the memorial
and to maintain it upon completion.
(7) The surcharge proceeds from the sale of a commemorative
coin, which would have no net cost to the taxpayers, would
raise valuable funding for the construction and maintenance of
the Pentagon Memorial in remembrance of those who lost their
lives at the Pentagon on September 11, 2001.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $50 gold coins.--$50 coins, in the number determined
under subsection (b), which shall--
(A) weigh 1 ounce;
(B) have a diameter of 1.287 inches; and
(C) contain 91.67 percent gold and 8.33 percent
alloy.
(2) $1 silver coins.--Such number of $1 coins as the
Secretary determines appropriate to meet demand, which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Such number of half dollar
coins as the Secretary determines appropriate to meet demand,
which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Number of Gold Coins.--
(1) In general.--The number of gold coins minted and issued
under this Act shall equal the sum of 10,000 and the number
determined under paragraph (2).
(2) Determination of number.--The Secretary, in
consultation with the Attorney General of the United States,
the Secretary of Defense, and the Governor of Virginia shall
determine the number of innocent individuals confirmed or
presumed to have been killed as a result of the terrorist
attack against the Pentagon that occurred on September 11,
2001, and shall identify such individuals.
(c) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
(e) Sources of Bullion.--For the purpose of minting coins under
this Act, the Secretary may only use metals that are from natural
deposits in the United States or any territory or possession of the
United States.
(f) Special Treatment Under Exigent Circumstances.--
(1) Findings.--The Congress finds as follows:
(A) The limitations contained in paragraphs (1) and
(2)(A) of section 5112(m) of title 31, United States
Code, and section 5134(f)(1)(B) of such title have well
served, and continue to serve, their purpose of
bringing greater stability to the markets for
commemorative coins, maximizing demand and
participation in such programs, and ensuring that such
programs have a broad base of private support and are
not used as the primary means of fundraising by
organizations that are the recipients of surcharges.
(B) The shocking circumstances of September 11,
2001, the broad base of public interest in remembering
those innocent individuals who lost their lives at the
Pentagon on September 11, 2001, and participating in
the raising of funds for the Pentagon Memorial Fund,
and the importance of implementing this coin program as
quickly as possible, notwithstanding the limitations
contained in such paragraphs, justify exempting the
coins produced under this Act from such limitations.
(2) Exemption.--Paragraphs (1) and (2) of section 5112(m)
of title 31, United States Code, and section 5134(f)(1)(B) of
such title shall not apply to coins authorized under this Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the spirit and bravery of the
civilians, servicemen and women that work at the Pentagon and
were aboard Flight 77 on September 11, 2001.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2001''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Secretary of Defense, the Executive Committee of the Pentagon
Memorial Fund, and the Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--
(1) In general.--Except as provided under paragraph (2),
coins minted under this Act shall be issued in uncirculated
quality.
(2) Gold coins.--$50 coins minted under section 3(a)(1)
shall be issued only in proof quality.
(b) Mint Facility.--
(1) In general.--Except as provided under paragraph (2),
only 1 facility of the United States Mint may be used to strike
any particular quality of the coins minted under this Act.
(2) Clad coins.--Any number of facilities of the United
States Mint may be used to strike the half dollar coins minted
under section 3(a)(3).
(c) Period for Issuance.--The Secretary--
(1) shall commence issuing coins minted under this Act as
soon as possible after the date of the enactment of this Act;
and
(2) shall not issue any coins after the end of the 1-year
period beginning on the date such coins are first issued.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under section 3(a) (other than
the $50 gold coins referred to in subsection (d)) shall be sold by the
Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharges required by section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping), including the cost of the coins
presented under subsection (d).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under section 3(a) at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
received before the issuance of the coins minted under section
3(a).
(2) Reasonable discount.--The sale prices with respect to
such prepaid orders shall be at a reasonable discount.
(d) Gold Coins.--Notwithstanding section 5(c)(2), the Secretary
shall issue a $50 coin minted under section 3(a)(1) for presentation
free of charge to the next of kin or personal representative of each
individual identified under section 3(b)(2). The Speaker of the House
of Representatives and the President Pro Tempore of the Senate shall
make appropriate arrangements for the presentation, on behalf of the
Congress, of such gold coins.
SEC. 7. SURCHARGES ON SALE OF COINS.
(a) In General.--Any sale by the Secretary of a coin minted under
this Act shall include a surcharge of--
(1) $100 per coin for the $50 gold coins;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Pentagon Memorial Fund for the purposes of construction of a
memorial at the Pentagon, Arlington, Virginia.
(c) Audit.--The Pentagon Memorial Fund shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received under subsection (a). | Pentagon 9/11 Memorial Commemorative Coin Act of 2004 - Directs the Secretary of the Treasury to mint and issue: (1) $50 gold coins; (2) $1 silver coins; and (3) half dollar clad coins emblematic of the spirit and bravery of the civilians and servicemen and servicewomen that work at the Pentagon and were aboard Flight 77 on September 11, 2001.
Requires: (1) surcharges on the sale of any coins minted under this Act; and (2) all surcharges received from the sale of coins issued under this Act to be promptly paid to the Pentagon Memorial Fund for the purposes of construction of a memorial at the Pentagon, Arlington, Virginia. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the tragic loss of lives at the Pentagon on September 11, 2001, and to support construction of the Pentagon 9/11 Memorial in Arlington, Virginia."} | 2,050 | 143 | 0.646584 | 1.84438 | 0.746059 | 5.189394 | 14.371212 | 0.977273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Alaska Community Development
Quota Program Implementation Improvement Act of 2001''.
SEC. 2. IMPROVEMENT OF WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA
PROGRAM.
Section 305 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855) is amended--
(1) by amending the subsection heading for subsection (i)
to read as follows:
``(i) Western Pacific Community Development Program.--'';
(2) by striking paragraph (1) of subsection (i);
(3) by redesignating paragraph (2) of subsection (i) as
paragraph (1);
(4) by inserting before paragraph (3) of subsection (i) the
following:
``(k) General Provisions Relating to Community Development Quota
Programs.--'';
(5) in subsection (k) (as designated by paragraph (4) of
this section) by redesignating paragraphs (3) and (4) as
paragraphs (1) and (2) of subsection (k), respectively; and
(6) by inserting after subsection (i) the following:
``(j) Western Alaska Community Development Program.--
``(1) Establishment.--The North Pacific Council and the
Secretary shall establish a western Alaska community
development quota program--
``(A) to afford eligible communities a fair and
equitable opportunity to participate in Bering Sea
fisheries; and
``(B) to assist eligible communities to achieve
sustainable long-term diversified local economic
development.
``(2) Allocation of percentages of bering sea directed
fisheries.--(A) The Secretary shall allocate to the program, as
a directed fishing allowance, a percentage of the total
allowable catch or guideline harvest level, as applicable, of
each Bering Sea directed fishery.
``(B) The Secretary shall allocate under this paragraph 10
percent of the total allowable catch of the Bering Sea directed
pollock fishery.
``(C) The Secretary shall allocate under this paragraph a
percentage of the total allowable catch of each other Bering
Sea directed groundfish fishery, a percentage of the total
allowable catch of the Bering Sea directed halibut fishery, and
a percentage of the guideline harvest level of each Bering Sea
directed crab fishery, that--
``(i) before October 1, 2001, shall be the most
recent percentage recommended to the Secretary for that
fishery by the North Pacific Council as of October 1,
1995; and
``(ii) on and after October 1, 2001, shall be no
less than such recommended percentage.
``(D) Prior to October 1, 2001, the North Pacific Council
may not submit, and the Secretary may not approve, any plan,
amendment, or regulation that increases the applicable
percentage under subparagraph (C).''.
``(3) Eligibility to participate.--To be eligible to
participate in the western Alaska community development quota
program, a community must--
``(A) be located--
``(i) within 50 nautical miles from the
baseline from which the breadth of the
territorial sea is measured along the Bering
Sea coast from the Bering Strait to the
westernmost of the Aleutian Islands; or
``(ii) on an island within the Bering Sea;
``(B) not be located on the Gulf of Alaska coast of
the north Pacific Ocean;
``(C) be certified by the Secretary of the Interior
pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1610 et seq.) to be a Native village;
``(D) consist of residents who conduct more than
one-half of their current commercial or subsistence
fishing effort in the waters of the Bering Sea or
waters surrounding the Aleutian Islands;
``(E) not have previously developed harvesting or
processing capability sufficient to support substantial
participation in the groundfish fisheries of the Bering
Sea, unless the community demonstrates that its
participation in the western Alaska community
development program is the only way for the community
to realize a return from previous investments in
harvesting or processing capability; and
``(F) be a member of a CDQ group.
``(4) Authority to harvest.--(A) The Secretary may
authorize a CDQ group to harvest a share of the percentage of
the total allowable catch or guideline harvest level of a
Bering Sea directed fishery allocated under paragraph (2) if
the CDQ group submits a community development plan to the
Secretary in accordance with this paragraph.
``(B) A community development plan shall--
``(i) request a share of the percentage of the
total allowable catch or guideline harvest level of the
fishery that the CDQ group that submits the plan
desires to harvest annually during the effective period
of the plan; and
``(ii) describe all CDQ projects that the CDQ group
that submits the plan intends to participate in during
the 36-month duration of the plan.
``(C)(i) The Secretary shall timely approve or disapprove
each community development plan submitted under this paragraph
that contains the information described in subparagraph (B). If
approved, a community development plan shall be effective for
36 months, except as provided in clause (ii).
``(ii) The community development plans that the Secretary
approved before the 2001 fishing year shall expire on December
31, 2003.
``(D) In approving a community development plan, the
Secretary shall specify the share of the total allowable catch
or guideline harvest level that the CDQ group is authorized to
harvest annually under the plan, in accordance with paragraph
(5).
``(5) Specification of harvest shares.--(A) If the total of
the harvest shares requested pursuant to paragraph (4)(B)(i)
for a fishery is greater than the percentage of the total
allowable catch or guideline harvest level for the fishery
allocated under paragraph (2) to the western Alaska community
development quota program, the Secretary shall authorize each
CDQ group requesting a harvest share to harvest annually such
share of the percentage of the total allowable catch or
guideline harvest level of the fishery allocated under
paragraph (2) as the Secretary determines is appropriate.
``(B) If the Secretary authorizes a CDQ group to harvest a
share of a fishery that is less than the harvest share
requested in the community development plan submitted by the
CDQ group, the Secretary shall give the CDQ group an
opportunity to amend the plan to reflect the reduction in
harvest share authorized by the Secretary.
``(C)(i) Within 24 months after the date of enactment of
the Western Alaska Community Development Program Implementation
Improvement Act of 2001, each CDQ group may submit criteria to
the Secretary for the Secretary to consider in determining
harvest shares under subparagraph (A).
``(ii) If, pursuant to clause (i), each CDQ group submits
the same criteria to the Secretary, the Secretary shall
consider only those criteria in determining harvest shares
under subparagraph (A).
``(iii) If, pursuant to clause (i), all CDQ groups do not
submit the same criteria to the Secretary, the Secretary shall,
by not later than 30 months after the date of enactment of the
Western Alaska Community Development Program Implementation
Improvement Act of 2001, promulgate regulations that establish
criteria that the Secretary shall consider in determining
harvest shares under subparagraph (A).
``(6) Participation by state of alaska.--(A) The Secretary
may allow the State of Alaska to participate in the
implementation of the western Alaska community development
quota program.
``(B) If the State of Alaska participates, the Secretary
may require CDQ groups to submit a copy of their community
development plans to the Governor of Alaska.
``(C) If the State of Alaska is participating in the
implementation of the western Alaska community development
quota program and the total of the harvest shares requested
pursuant to paragraph (4)(B)(i) for a fishery is greater than the
percentage of the total allowable catch or guideline harvest level for
the fishery allocated under paragraph (2) to the western Alaska
community development quota program, the Secretary may direct the
Governor of Alaska--
``(i) to consult with the CDQ groups;
``(ii) to consult with the North Pacific Fishery
Management Council regarding the plans; and
``(iii) to timely submit the Governor's
recommendations regarding the approval of the plans by
the Secretary.
``(D) The Governor shall indicate, in writing, to the
Secretary and to each CDQ group the rationale, and the factual
basis for the rationale, for any recommendation regarding the
Secretary's approval of a CDQ group's community development
plan.
``(7) Reports.--(A) On March 1 of each calendar year each
CDQ group shall submit a report regarding its approved
community development plans then in effect to the Secretary,
and to the Governor of Alaska if the State of Alaska is
participating under paragraph (6).
``(B) Each report shall describe the following:
``(i) The CDQ group's implementation during the
previous calendar year of the CDQ projects described in
the group's community development plans, and any
modifications to a project that the group may have made
since the last report.
``(ii) In summary form, the financial performance
during the previous calendar year of each subsidiary,
joint venture, partnership, or other entity in which
the CDQ group owns an equity interest, and all other
non-CDQ project-related activities in which the group
engaged.
``(iii) The CDQ group's budget for the current
calendar year.
``(C) Financial and strategic business information
contained in reports submitted under this paragraph shall be
considered confidential. The Secretary, and the Governor of
Alaska if the State of Alaska is participating in the
Secretary's implementation of the western Alaska community
development quota program--
``(i) shall not make such information available to
the public; and
``(ii) may not use such information for any purpose
other than evaluating the financial status and
performance of the CDQ group that submitted the
information.
``(8) Definitions.--For the purposes of this subsection:
``(A) The term `CDQ group' means a nonprofit or
for-profit corporation or other entity whose membership
is exclusively composed of one or more communities that
satisfy the criteria described in paragraph (3)(A)
through (E).
``(B) The term `community development plan' means a
plan that describes--
``(i) how a CDQ group intends to harvest
its requested share of the percentage of the
total allowable catch or guideline harvest
level of a directed Bering Sea fishery that the
Secretary has allocated to the western Alaska
community development quota program; and
``(ii) how the group intends to use the
harvest opportunity and the revenue derived
therefrom to assist communities that are
members of the group to achieve sustainable
long term local economic development.
``(C)(i) Subject to clause (ii), the term `CDQ
project' means a program or activity that is
administered or initiated by a CDQ group and that is
funded by revenue the CDQ group derives or accrues
during the duration of a community development plan
approved by the Secretary from harvesting the fishery
covered by the plan.
``(ii) Such term does not include a program or
activity administered or initiated by a subsidiary,
joint venture, partnership, or other entity in which a
CDQ group owns an equity interest, if the program or
activity is funded by the assets of the subsidiary,
joint venture, partnership, or other entity, rather
than by the assets of the CDQ group.
``(9) Regulations.--The Secretary may promulgate such
regulations as are reasonable and necessary to enable the
Secretary to implement this subsection.''. | Western Alaska Community Development Quota Program Implementation Improvement Act of 2001 - Amends Magnuson-Stevens Fishery Conservation and Management Act provisions relating to the western Pacific community development program to allocate percentages of Bering Sea directed fisheries and to modify eligibility and other requirements. | {"src": "billsum_train", "title": "To amend the Magnuson-Stevens Fishery Conservation and Management Act to improve implementation of the western Alaska community development quota program, and for other purposes."} | 2,604 | 64 | 0.626677 | 1.482222 | 1.039287 | 3.5 | 53.869565 | 0.934783 |
SECTION 1. ASSESSMENT OF FEES.
(a) In General.--Section 18(a) of the Indian Gaming Regulatory Act
(25 U.S.C. 2717(a)) is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(2) by striking ``(a)(1)'' and all that follows through the
end of paragraph (3) and inserting the following:
``(a) Annual Fees.--
``(1) Minimum regulatory fees.--In addition to assessing
fees pursuant to a schedule established under paragraph (2),
the Commission shall require each gaming operation that
conducts a class II or class III gaming activity that is
regulated by this Act to pay to the Commission, on a quarterly
basis, a minimum regulatory fee in an amount equal to $250.
``(2) Class ii and class iii gaming fees.--
``(A) Class ii gaming fees.--
``(i) In general.--The Commission shall
establish a schedule of fees to be paid to the
Commission that includes fees for each class II
gaming activity that is regulated by this Act.
``(ii) Rate of fees.--For each gaming
activity covered under the schedule established
under clause (i), the rate of fees imposed
under that schedule shall not exceed 2.5
percent of the gross revenues of that gaming
activity.
``(iii) Amount of fees assessed.--Subject
to paragraph (3), the total amount of fees
imposed during any fiscal year under the
schedule established under clause (i) shall not exceed--
``(I) $5,000,000 for fiscal year
1998;
``(II) $8,000,000 for fiscal year
1999; and
``(III) $10,000,000 for fiscal year
2000, and for each fiscal year
thereafter.
``(B) Class iii gaming fees.--
``(i) In general.--The Commission shall
establish a schedule of fees to be paid to the
Commission that includes fees for each class
III gaming activity that is regulated by this
Act.
``(ii) Rate of fees.--For each gaming
activity covered under the schedule established
under clause (i), the rate of fees imposed
under that schedule shall not exceed 0.5
percent of the gross revenues of that gaming
activity.
``(iii) Amount of fees assessed.--Subject
to paragraph (3), the total amount of fees
imposed during any fiscal year under the
schedule established under clause (i) shall not
exceed--
``(I) $3,000,000 for fiscal year
1998;
``(II) $4,000,000 for fiscal year
1999; and
``(III) $5,000,000 for fiscal year
2000, and for each fiscal year
thereafter.
``(3) Graduated fee limitation.--
``(A) In general.--The aggregate amount of fees
collected under paragraph (2) shall not exceed--
``(i) $8,000,000 for fiscal year 1998;
``(ii) $12,000,000 for fiscal year 1999;
and
``(iii) $15,000,000 for fiscal year 2000,
and for each fiscal year thereafter.
``(B) Factors for consideration.--In assessing and
collecting fees under this section, the Commission
shall take into account the duties of, and services
provided by, the Commission under this Act.
``(4) Special fund.--The Secretary of the Treasury shall
establish a special fund into which the Secretary of the
Treasury shall deposit amounts equal to the fees paid under
this subsection. The amounts deposited into the special fund
shall be used only to fund the activities of the Commission
under this Act.'';
(3) in paragraph (5), as redesignated by paragraph (1) of
this section, by striking ``(5) Failure'' and inserting the
following:
``(5) Consequences of failure to pay fees.--Failure'';
(4) in paragraph (6), as redesignated by paragraph (1) of
this section, by striking ``(6) To the extent'' and inserting
the following:
``(6) Credit.--To the extent''; and
(5) in paragraph (7), as redesignated by paragraph (1) of
this section, by striking ``(7) For purposes of this section,''
and inserting the following:
``(7) Gross revenues.--For purposes of this section,''.
(b) Budget of Commission.--Section 18(b) of the Indian Gaming
Regulatory Act (25 U.S.C. 2717(b)) is amended--
(1) by striking ``(b)(1) The Commission'' and inserting the
following:
``(b) Requests for Appropriations.--
``(1) In general.--The Commission'';
(2) by striking paragraph (2) and inserting the following:
``(2) Contents of budget.--For fiscal year 1998, and for
each fiscal year thereafter, the budget of the Commission may
include a request for appropriations, as authorized by section
19, in an amount equal to the sum of--
``(A)(i) for fiscal year 1998, an estimate
(determined by the Commission) of the amount of funds
to be derived from the fees collected under subsection
(a) for that fiscal year; or
``(ii) for each fiscal year thereafter, the amount
of funds derived from the fees collected under
subsection (a) for the fiscal year preceding the fiscal
year for which the appropriation request is made; and
``(B) $1,000,000.''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 19 of the Indian Gaming Regulatory Act (25 U.S.C. 2718) is
amended to read as follows:
``SEC. 19. AUTHORIZATION OF APPROPRIATIONS.
``Subject to section 18, for fiscal year 1998, and for each fiscal
year thereafter, there are authorized to be appropriated to the
Commission an amount equal to the sum of--
``(1)(A) for fiscal year 1998, an estimate (determined by
the Commission) of the amount of funds to be derived from the
fees collected under subsection (a); or
``(B) for each fiscal year thereafter, the amount of funds
derived from the fees collected under subsection (a) for the
fiscal year preceding the fiscal year; and
``(2) $1,000,000.''. | Amends the Indian Gaming Regulatory Act to repeal specified funding provisions for the National Indian Gaming Commission. Replaces them with provisions directing the Commission to: (1) require each gaming operation that conducts class II or class III gaming activity that is regulated by the Act to pay to the Commission, on a quarterly basis, a minimum regulatory fee of $250; and (2) establish a schedule of fees to be paid to the Commission that includes fees for each class II and class III gaming activity that is regulated by the Act. Limits: (1) the rate of fees imposed for each class II and class III gaming activity covered under that schedule that is regulated by the Act; and (2) the total amount of fees imposed during any fiscal year under the schedule established.
Prohibits aggregate fee amounts collected from exceeding specified limitations. Directs the Secretary of the Treasury to establish a special fund into which amounts equal to the fees paid shall be deposited to be used to fund the Commission's activities.
Revises: (1) Commission budget content requirements; and (2) authorization of appropriations provisions. | {"src": "billsum_train", "title": "A bill to provide for the assessment of fees by the National Indian Gaming Commission, and for other purposes."} | 1,383 | 226 | 0.697636 | 1.884091 | 0.839343 | 3.963636 | 5.968182 | 0.872727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Needs Assessment and Program
Evaluation Act of 2001''.
SEC. 2. FINDINGS, PURPOSES.
(a) Findings.--Congress finds that--
(1) the United States and the Indian tribes have a unique
legal and political government-to-government relationship;
(2) pursuant to the Constitution, treaties, statutes,
Executive orders, court decisions, and course of conduct, the
United States has a trust obligation to provide certain
services to Indian tribes and to Indians;
(3) Federal departments and agencies charged with
administering programs and providing services to, or for the
benefit of, Indians have not furnished Congress with adequate
information necessary to assess such programs on the needs of
Indians and Indian tribes;
(4) such lack of information has hampered the ability of
Congress to determine the nature, type, and magnitude of such
needs as well as its ability to respond to them; and
(5) Congress cannot properly fulfill its obligation to
Indian tribes and Indian people unless and until it has an
adequate store of information related to the needs of Indians
nationwide.
(b) Purposes.--The purposes of this Act are to--
(1) ensure that Indian needs for Federal programs and
services are known in a more certain and predictable fashion;
(2) require that Federal departments and agencies carefully
review and monitor the effectiveness of the programs and
services provided to Indians;
(3) provide for more efficient and effective cooperation
and coordination of, and accountability from, the Federal
departments and agencies providing programs and services,
including technical and business development assistance, to
Indians; and
(4) provide Congress with reliable information regarding
Indian needs and the evaluation of Federal programs and
services provided to Indians nationwide.
SEC. 3. INDIAN TRIBAL NEEDS ASSESSMENT.
(a) Indian Tribal Needs Assessments.--
(1) Immediate assessment.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the
Interior shall contract with an appropriate entity, in
consultation and coordination with the Indian tribes,
the Secretary of Agriculture, the Secretary of
Commerce, the Secretary of Defense, the Secretary of
Energy, the Secretary of Health and Human Services, the
Secretary of Housing and Urban Development, the
Secretary of Labor, the Secretary of the Treasury, the
Secretary of Transportation, the Secretary of Veterans
Affairs, the Attorney General, the Administrator of the
Environmental Protection Agency, and the heads of any
other relevant Federal departments or agencies, for the
development of a uniform method and criteria, and
uniform procedures for determining, analyzing, and
compiling the program and service assistance needs of
Indian tribes and Indians by each such department or
agency. The needs assessment shall address, but not be
limited to, the following:
(i) The location of the service area of
each program.
(ii) The size of the service area of each
program.
(iii) The total population of each tribe
located in the service area.
(iv) The total population of members of
other tribes located in the service area.
(v) The availability of similar programs
within the geographical area to tribes or
tribal members.
(vi) The socio-economic conditions that
exist within the service area.
(B) Consultation.--The contractor shall consult
with tribal governments in establishing and conducting
the needs assessment required under subparagraph (A).
(2) Ongoing federal needs assessments.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, and every 5 years
thereafter, each Federal department or agency, in
coordination with the Secretary of the Interior, shall
conduct an Indian Needs Assessment (in this Act
referred to as the ``INA'') aimed at determining the
actual needs of Indian tribes and Indians eligible for
programs and services administered by such department
or agency.
(B) Submission to congress.--Not later than
February 1 of any year in which an INA is required to
be conducted under subparagraph (A), a copy of the INA
shall be submitted to the Committee on Appropriations
and the Committee on Resources of the House of
Representatives and the Committee on Appropriations and
the Committee on Indian Affairs of the Senate.
(b) Federal Agency Indian Tribal Program Evaluation.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
develop a uniform method and criteria, and uniform procedures
for compiling, maintaining, keeping current, and reporting to
Congress all information concerning--
(A) the annual expenditures of the department or
agency for programs and services for which Indians are
eligible, with specific information regarding the names
of tribes who are currently participating in or
receiving each service, the names of tribes who have
applied for and not received programs or services, and
the names of tribes whose services or programs have
been terminated within the last fiscal year;
(B) services or programs specifically for the
benefit of Indians, with specific information regarding
the names of tribes who are currently participating in
or receiving each service, the names of tribes who have
applied for and not received programs or services, and
the names of tribes whose services or programs have
been terminated within the last fiscal year; and
(C) the department or agency method of delivery of
such services and funding, including a detailed
explanation of the outreach efforts of each agency or
department to Indian tribes.
(2) Submission to Congress.--Not later than 2 years after
the date of enactment of this Act, and annually thereafter,
each Federal department or agency responsible for providing
services or programs to, or for the benefit of, Indian tribes
or Indians shall file an Annual Indian Program Evaluation (in
this Act referred to as the ``AIPE'') with the Committee on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Appropriations and the
Committee on Indian Affairs of the Senate.
(c) Annual Listing of Tribal Eligible Programs.--Not later than
February 1 of each calendar year, each Federal department or agency
described in subsection (b)(2), shall develop and publish in the
Federal Register a list of all programs and services offered by such
department or agency for which Indian tribes or their members are or
may be eligible, and shall provide a brief explanation of the program
or service.
(d) Confidentiality.--Any information received, collected, or
gathered from Indian tribes concerning program function, operations, or
need in order to conduct an INA or an AIPE shall be used only for the
purposes of this Act set forth in section 2(b).
SEC. 4. REPORT TO CONGRESS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of the Interior shall develop and submit to
the Committee on Appropriations and the Committee on Resources of the
House of Representatives and the Committee on Appropriations and the
Committee on Indian Affairs of the Senate a report detailing the
coordination of Federal program and service assistance for which Indian
tribes and their members are eligible.
(b) Strategic Plan.--Not later than 30 months after the date of
enactment of this Act, the Secretary of the Interior, in consultation
and coordination with the Indian tribes, shall file a Strategic Plan
for the Coordination of Federal Assistance for Indians (in this Act
referred to as the ``Strategic Plan'').
(c) Contents of Strategic Plan.--The Strategic Plan required under
subsection (b) shall contain the following:
(1) Identification of reforms necessary to the laws,
regulations, policies, procedures, practices, and systems of
the Federal departments or agencies involved.
(2) Proposals for implementing the reforms identified in
the Strategic Plan.
(3) Any other recommendations that are consistent with the
purposes of this Act set forth in section 2(b).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2002 and
each fiscal year thereafter, such sums as are necessary to carry out
this Act. | Indian Needs Assessment and Program Evaluation Act of 2001 - Directs the Secretary of the Interior to contract with an appropriate entity to develop a uniform method, criteria, and procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians nationwide.Requires Federal departments and agencies to conduct Indian Needs Assessments aimed at determining the actual needs of tribes and Indians eligible for programs and services administered by such departments and agencies.Directs the Secretary to develop a uniform method, criteria, and procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning: (1) Federal annual expenditures for programs and services for which Indians are eligible; (2) services or programs specifically for the benefit of Indians; and (3) Federal methods of delivery of services and funding.Requires Federal departments and agencies responsible for providing services or programs to or for the benefit of tribes or Indians to: (1) file Annual Indian Program Evaluations with specified congressional committees; and (2) publish annual listings in the Federal Register of all agency programs and services for which Indian tribes may be eligible.Directs the Secretary to file a Strategic Plan for the Coordination of Federal Assistance for Indians. | {"src": "billsum_train", "title": "A bill to provide for periodic Indian needs assessments, to require Federal Indian program evaluations, and for other purposes."} | 1,750 | 261 | 0.646926 | 1.649249 | 0.801667 | 4.043103 | 7.228448 | 0.948276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Indian Gambling Reform
Act''.
SEC. 2. BACKGROUND INVESTIGATIONS AND APPROVAL OF FINANCIAL INTERESTS.
(a) Background Investigations.--
(1) Gaming investors.--Section 7(b)(3) of the Indian Gaming
Regulatory Act (25 U.S.C. 2706(b)(3)) is amended to read as
follows:
``(3) shall conduct or cause to be conducted background
investigations on the 10 persons or entities with the highest
financial interest (such as loans, debt-based financing,
financial backing for equipment or other startup or operation
costs, and other financial interests as determined by the
Commission) in a gaming operation regulated by the Commission
and such other background investigations as may be
necessary;''.
(2) Tribal gaming officials.--Section 11(b)(2)(F)(i) of the
Indian Gaming Regulatory Act (25 U.S.C. 2710(b)(2)(F)(i)) is
amended--
(A) by striking ``conducted on'' the first place it
appears and inserting ``conducted by the Commission on
tribal gaming commissioners, key tribal gaming
commission employees, and''; and
(B) by striking ``such officials and their
management'' and inserting ``such individuals''.
(b) Approval of Financial Interests.--Section 6 of the Indian
Gaming Regulatory Act (25 U.S.C. 2705) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) approve financial interests between the 10 persons or
entities with the highest financial interest (such as loans,
debt-based financing, financial backing for equipment or other
startup or operation costs, and other financial interests as
determined by the Commission) and a gaming operation regulated
by the Commission.''.
(c) Commission Funding.--Section 18(a)(2)(B) of the Indian Gaming
Regulatory Act (25 U.S.C. 2717(a)(2)(B)) is amended by striking
``$8,000,000'' and inserting ``$16,000,000''.
SEC. 3. DECLARATION OF INTENT TO GAME ON TRUST LANDS.
(a) Class II Gaming.--Section 11(b)(1) of the Indian Gaming
Regulatory Act (25 U.S.C. 2710(b)(1)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C)(i) conducted on lands taken into trust before
the date of the enactment of this subparagraph; or
``(ii) conducted on lands taken into trust after
the date of the enactment of this subparagraph only if
the application requesting that the land be taken into
trust stated that the Indian tribe intended to conduct
gaming activities on such land.''.
(b) Class III Gaming.--Section 11(d)(1) of the Indian Gaming
Regulatory Act (25 U.S.C. 2710(d)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D)(i) conducted on lands taken into trust before
the date of the enactment of this subparagraph; or
``(ii) conducted on lands taken into trust after
the date of the enactment of this subparagraph only if
the application requesting that the land be taken into
trust stated that the Indian tribe intended to conduct
gaming activities on such land.''.
SEC. 4. CLARIFICATION REGARDING CONDITIONS REQUIRED FOR EXCEPTION TO
GAMING RESTRICTIONS ON CERTAIN LAND.
Section 20(b)(1)(A) of the Indian Gaming Regulatory Act (25 U.S.C.
2719(b)(1)(A)) is amended--
(1) by striking ``appropriate State and local officials,
including officials of other nearby Indian tribes'' and
inserting ``officials of any State or local government or
Indian tribe with jurisdiction over land located within 50
miles of the land proposed to be taken into trust''; and
(2) by striking ``and would not be detrimental to the
surrounding community'' and inserting ``and, after conducting
an economic impact study, determines that a gaming
establishment on newly acquired lands would not have a negative
economic impact on business, government, or Indian tribes
within a 50 mile radius of the land proposed to be taken into
trust or be otherwise detrimental to the community with such 50
mile radius''.
SEC. 5. APPROVAL OF COMPACTS BY STATE.
Section 11(d) of the Indian Gaming Regulatory Act (25 U.S.C.
2710(d)) is amended by adding at the end the following new paragraph:
``(10) For the purposes of State approval under this
subsection, the term `State' shall mean the Governor of the
State and the legislative body of the State.''.
SEC. 6. RESTRICTION ON GAMING.
(a) Amendments.--Section 20 of the Indian Gaming Regulatory Act (25
U.S.C. 2719) is amended--
(1) by amending paragraph (1) of subsection (b) to read as
follows:
``(1)(A) Subsection (a) shall not apply to Indian land of
an Indian tribe if each of the conditions in subparagraph (B)
are satisfied and the Indian tribe--
``(i) was newly recognized after October 17, 1988
(including those newly recognized under the Federal
Acknowledgement Process at the Bureau of Indian
Affairs);
``(ii) was restored by legislation, court decree,
or any other process after having been terminated by
Federal law; or
``(iii) on the date of the enactment of subsection
(e), had no lands held in trust by the United States
for the benefit of the Indian tribe, no reservation,
and no lands held by the Indian tribe subject to
restriction by the United States against alienation
over which the Indian tribe exercised governmental
power.
``(B) The conditions referred to in subparagraph (A) are
the following:
``(i) The Secretary determines that the lands
acquired in trust for the benefit of the Indian tribe
for the purposes of gaming are lands within the State
where the Indian tribe has its primary geographic,
social, and historical nexus to the land.
``(ii) The Secretary determines that the proposed
gaming activity is in the best interest of the Indian
tribe, its tribal members, and would not be detrimental
to the surrounding community.
``(iii) The State, city, county, town, parish,
village, and other general purpose political
subdivisions of the State with authority over land that
is concurrent or contiguous to the lands acquired in
trust for the benefit of the Indian tribe for the
purposes of gaming approve.''; and
(2) by adding at the end the following new subsection:
``(e) Notwithstanding any other provision of this Act, an Indian
tribe may conduct gaming regulated by this Act on only one contiguous
parcel of Indian lands. Such Indian lands must be located where that
Indian tribe has its primary geographic, social, and historical nexus
and within the State or States where the Indian tribe is primarily
located.''.
(b) Statutory Construction.--The amendments made by subsection (a)
shall be applied prospectively. Compacts or other agreements that
govern gaming regulated by the Indian Gaming Regulatory Act that were
in effect on the date of the enactment of this Act shall not be
affected by the amendments made by subsection (a). | Common Sense Indian Gambling Reform Act - Amends the Indian Gaming Regulatory Act with respect to: (1) background investigations, approval of financial interests, and funding of the National Indian Gaming Commission; (2) Class II and Class III gaming on trust lands on which an Indian tribe has declared an intention to conduct gaming activities; (3) conditions required for exception to gaming restrictions on certain land; (4) approval of compacts by State; and (5) exceptions to certain restrictions on gaming. | {"src": "billsum_train", "title": "To make technical corrections to the Indian Gaming Regulatory Act, and for other purposes."} | 1,835 | 99 | 0.493342 | 1.217673 | 0.448773 | 2.680412 | 16.402062 | 0.927835 |
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Dunlap Band of
Mono Indians Reaffirmation Act''.
(b) Definitions.--In this Act:
(1) Tribe.--The term ``Tribe'' means the Dunlap Band of
Mono Indians.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Interior.
(3) Service area.--The term ``service area'' refers to the
county of Fresno, located within the State of California, and
as used under section 20.100 of title 25, Federal Code of
Regulations, including for the purpose of delivery of Federal
services to Indians.
SEC. 2. REAFFIRMATION OF FEDERAL RECOGNITION.
Federal recognition of the Dunlap Band of Mono Indians is hereby
reaffirmed. All Federal laws of general application to Indians and
Indian tribes shall apply with respect to the Tribe.
SEC. 3. REAFFIRMATION OF RIGHTS AND PRIVILEGES.
All rights and privileges of the Tribe and members of the Tribe
that may have been abrogated or diminished or lost as a result of
administrative oversight or neglect, or as a result of implementation
of the termination policy of the Federal Government in the State of
California, are hereby reaffirmed to the Tribe and its members.
SEC. 4. FEDERAL PROGRAMS AND SERVICES.
Beginning on the date of the enactment of this Act, the Tribe and
members of the Tribe shall be eligible for all programs, benefits, and
services provided by the United States to Indians and Indian tribes,
without regard to the existence of a reservation for the Tribe. In the
case of programs or services available to Indians residing on a
reservation, members of the Tribe residing in the Tribe's service area
shall be deemed to be residing on a reservation. The eligibility for,
or receipt of, services and benefits under this section by the Tribe or
its individual members shall not be considered as income, resources, or
otherwise when determining the eligibility for, or computation of, any
payment or other benefit to the Tribe, individuals, or households under
any financial aid program of the United States, including grants and
contracts subject to the Indian Self-Determination Act; or any other
benefit to which the Tribe, individuals, or households would otherwise
be entitled under any Federal or federally assisted program.
SEC. 5. TRANSFER OF LAND FOR THE BENEFIT OF THE TRIBE.
(a) Lands To Be Taken Into Trust.--On application by the Tribe, the
Secretary shall take into trust for the benefit of the Tribe any real
property located within a 15 mile radius from the center of Dunlap,
California, a point located at 36.738 degrees North, 119.120 degrees
West, if the property is conveyed or otherwise transferred to the
Secretary and if, at the time of such conveyance or transfer, there are
no adverse legal claims to the property (including outstanding liens,
mortgages, and taxes).
(b) Interests in Trust Allotment.--Subject to subsection (a), real
property eligible for trust status under this section shall include
interests in current and former Indian trust allotments held by members
of the Tribe or by such member's Indian heirs or successors in
interest.
(c) Trust Interests.--On application by the Tribe, and pursuant to
the consent of the Tribe's member or such member's Indian heirs or
successors in interest holding a trust interest in an Indian trust
allotment, the Secretary shall approve conveyance of those interests
from such persons to the Tribe.
(d) Fee Interests.--On application by the Tribe, and pursuant to
the consent of the Tribe's member or such member's Indian heirs or
successors in interest who possess or have acquired a fee interest in
an Indian trust allotment, the Secretary shall take the fee interest
into trust for the benefit of the Tribe.
(e) Lands To Be Part of Reservation.--Any real property taken into
trust for the benefit of the Tribe pursuant to this section shall be
part of the Tribe's reservation.
(f) Limitation Under IGRA.--Application of section 20 (b)(1)(B) of
the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) shall be
limited to real property taken into trust by the Secretary under this
section.
SEC. 6. INITIAL MEMBERSHIP.
(a) Compilation of Tribal Membership Rolls.-- The Secretary shall,
after consultation with the Tribe, compile a base membership roll of
the Tribe within one year after the date of enactment of this Act. The
base membership roll shall include only individuals who are living, are
not members of any other federally recognized Indian tribe, have not
relinquished membership in the Tribe, and who meet the eligibility
criteria under subsection (b).
(b) Eligibility Criteria for Base Roll.--The following individuals
are eligible for inclusion on the base membership roll of the Tribe--
(1) all persons of Entimbitch or Woponunch ancestry whose
names appear on any of the following Indian rolls--
(A) the official roll of California Indians
prepared pursuant to the Act of May 12, 1928 (45 Stat.
502), as approved by the Secretary of the Interior on
May 16, 1933;
(B) the 1944 rolls prepared for the 1944 land claim
enrollment of California Indians;
(C) the roll prepared for the 1964 land claim
enrollment of California Indians; or
(D) the 1940 Census taken in Fresno County,
California; and
(2) all \1/32\ degree descendants of the individuals
identified in subsection (b)(1).
(c) Future Membership.--After adoption of a Tribal constitution
pursuant to this Act, the Tribe's constitution shall govern membership
in the Tribe.
(d) Conclusive Proof of Indian Ancestry.--For the purpose of
subsection (b), the Secretary shall--
(1) accept any available evidence establishing a person's
Dunlap Mono ancestral relationship to the Tribe;
(2) accept as conclusive evidence of such ancestry,
information contained in--
(A) any census of the Indians in or near Dunlap
prepared by Special Indian Agents of the Federal
Government; or
(B) in any other roll, census, or list of Indians
from the Dunlap area prepared by, or at the direction
of, the Bureau of Indian Affairs.
SEC. 7. INTERIM GOVERNMENT.
The governing body of the Tribe shall serve as Interim Tribal
Council until the Tribe ratifies its constitution consistent with
section 9. The initial membership of the Interim Tribal Council shall
consist of the members of the Tribal Council elected pursuant to the
Tribe's constitution as adopted on June 19, 1999, and serving on the
date of the enactment of this Act. The Interim Tribal Council shall
continue to operate in the manner prescribed for the Tribal Council
under the Tribe's constitution as adopted on June 19, 1999, until the
Tribe ratifies its constitution pursuant to section 9. Any vacancies on
the Interim Tribal Council shall be filled by individuals who meet the
membership criteria set forth in section 7(b) and who are elected in
the same manner as are Tribal Council members pursuant to the Tribe's
constitution.
SEC. 8. CONSTITUTION.
(a) Election; Time and Procedure.--The Secretary shall conduct an
election by secret ballot for the purpose of ratifying a constitution
for the Tribe upon the written request of the Interim Tribal Council
and after the compilation of the Tribal membership roll pursuant to
section 7. The election shall be consistent with sections 16(c)(1) and
16(c)(2)(A) of the Act of June 18, 1934 (the Indian Reorganization Act,
25 U.S.C. 476(c)(1) and 476(c)(2)(A)). Voting members shall be
permitted to cast absentee ballots regardless of their residence.
(b) Election of Tribal Officials.--The Secretary shall conduct
elections by secret ballot for the purpose of electing Tribal officials
as provided in the Tribe's constitution not later than 120 days after
the Tribe ratifies its constitution under subsection (a). Such
elections shall be conducted according to the procedures specified in
subsection (a), except to the extent that such procedures conflict with
the Tribe's constitution.
SEC. 9. REGULATIONS.
The Secretary may promulgate such regulations as are necessary to
carry out the provisions of this Act. | Dunlap Band of Mono Indians Reaffirmation Act - Reaffirms federal recognition of the Dunlap Band of Mono Indians (the Tribe). Makes all federal laws of general application to Indians and Indian tribes applicable with respect to the Tribe.
Reaffirms all rights and privileges of the Tribe and members of the Tribe which may have been abrogated or diminished or lost as a result of administrative oversight or neglect, or as a result of implementation of the termination policy of the federal government in California to the Tribe and its members.
Makes the Tribe and its members eligible for all programs, benefits, and services provided by the United States to Indians and Indian tribes.
Requires the Secretary of the Interior to take into trust specified real property for the benefit of the Tribe. Makes any real property taken into trust become part of the Tribe's reservation.
Sets forth requirements regarding: (1) the initial membership of the Tribe; (2) the interim government of the Tribe; and (3) a constitution for the Tribe. | {"src": "billsum_train", "title": "To reaffirm and clarify the Federal relationship of the Dunlap Band of Mono Indians as a distinct federally recognized Indian Tribe."} | 1,929 | 229 | 0.682553 | 1.924998 | 0.895766 | 6.52551 | 8.428571 | 0.943878 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Smoking Prevention Act
of 1998''.
SEC. 2. PENALTY FOR SMOKERS.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2706. STANDARD RELATING TO SMOKERS.
``(a) Requirement.--In the case of benefits consisting of medical
care provided under a group health plan, or in the case of group health
insurance coverage offered by a health insurance issuer in connection
with a group health plan, the plan or issuer--
``(1) shall deny, cancel, or refuse to renew such benefits
or such coverage on the basis that a participant or beneficiary
(or family member of a participant or beneficiary) refuses
testing by a licensed physician to determine whether or not
such participant or beneficiary is a smoker; and
``(2) shall increase the premiums for such benefits or
coverage by 10 percent for any participant or beneficiary under
the plan on the basis that a licensed physician has determined
that the participant or beneficiary (or family member of the
participant or beneficiary) is a smoker.
``(b) Definition of Family Member.--For purposes of this section
the term `family member' means, with respect to an individual, a spouse
or child of the individual.
``(c) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as
amended by section 604(b)(2) of Public Law 104-204, is amended
by striking ``section 2704'' and inserting ``sections 2704 and
2706''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 713. STANDARD RELATING SMOKERS.
``(a) Requirement.--In the case of benefits consisting of medical
care provided under a group health plan, or in the case of group health
insurance coverage offered by a health insurance issuer in connection
with a group health plan, the plan or issuer--
``(1) shall deny, cancel, or refuse to renew such benefits
or such coverage on the basis that a participant or beneficiary
(or family member of a participant or beneficiary) refuses
testing by a licensed physician to determine whether or not
such participant or beneficiary is a smoker; and
``(2) shall increase the premiums for such benefits or
coverage by 10 percent for any participant or beneficiary under
the plan on the basis that a licensed physician has determined
that the participant or beneficiary (or family member of the
participant or beneficiary) is a smoker.
``(b) Definition of Family Member.--For purposes of this section
the term `family member' means, with respect to an individual, a spouse
or child of the individual.
``(c) Notice Under Group Health Plan.--The imposition of the
requirement of this section shall be treated as a material modification
in the terms of the plan described in section 102(a)(1), for purposes
of assuring notice of such requirements under the plan; except that the
summary description required to be provided under the last sentence of
section 104(b)(1) with respect to such modification shall be provided
by not later than 60 days after the first day of the first plan year in
which such requirement apply.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as
amended by section 603(b)(1) of Public Law 104-204, is amended
by striking ``section 711'' and inserting ``sections 711 and
713''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as
amended by section 603(b)(2) of Public Law 104-204, is amended
by striking ``section 711'' and inserting ``sections 711 and
713''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 712 the
following new item:
``Sec. 713. Standard relating to smokers.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2751
the following new section:
``SEC. 2752. STANDARD RELATING TO SMOKERS.
``(a) In General.--The provisions of section 2706(a) shall apply to
health insurance coverage offered by a health insurance issuer in the
individual market in the same manner as they apply to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as
added by section 605(b)(3)(B) of Public Law 104-204, is amended by
striking ``section 2751'' and inserting ``sections 2751 and 2752''.
(c) Effective Dates.--(1) Subject to paragraph (3), the amendments
made by subsection (a) shall apply with respect to group health plans
for plan years beginning on or after January 1, 1999.
(2) The amendment made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date.
(3) In the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives
and 1 or more employers ratified before the date of enactment of this
Act, the amendments made subsection (a) shall not apply to plan years
beginning before the later of--
(A) the date on which the last collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of
enactment of this Act), or
(B) January 1, 1999.
For purposes of subparagraph (A), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by subsection (a) shall
not be treated as a termination of such collective bargaining
agreement.
(d) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 is amended by striking
``this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ``the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, the
provisions of parts A and C of title XXVII of the Public Health Service
Act, and chapter 100 of the Internal Revenue Code of 1986''. | Common Sense Smoking Prevention Act of 1998 - Amends the Public Health Service Act (PHSA) and the Employee Retirement Income Security Act of 1974 (ERISA) to mandate that group and individual health insurance policies and group health plans charge higher premiums for smokers and deny medical care benefits coverage for beneficiaries who refuse testing to determine whether or not they smoke.
Prescribes certain notice requirements under PHSA and ERISA with respect to such requirements. | {"src": "billsum_train", "title": "Common Sense Smoking Prevention Act of 1998"} | 1,710 | 97 | 0.541783 | 1.39681 | 0.964225 | 2.419753 | 18.604938 | 0.864198 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Citizen's Improved Quality of
Life Act''.
SEC. 2. PRESERVATION OF SOCIAL SECURITY.
(a) Investment of the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund.--
(1) In general.--Section 201(d) of the Social Security Act
(42 U.S.C. 401(d)) is amended--
(A) by inserting ``(1)'' after ``(d)'';
(B) by striking ``Such investments may be made
only'' and inserting the following: ``Except as
provided in paragraph (2), such investments may be made
only'';
(C) by striking the last sentence; and
(D) by adding at the end the following new
paragraph:
``(2)(A) The Managing Trustee shall determine the annual surplus
(as defined in subparagraph (B)) for each of the Trust Funds as of the
end of each fiscal year. The Managing Trustee shall ensure that such
annual surplus is invested, throughout the next following fiscal year,
in--
``(i) marketable interest-bearing obligations of the United
States or obligations guaranteed as to both principal and
interest by the United States, purchased on original issue or
at the market price, or
``(ii) certificates of deposit in insured depository
institutions (as defined in section 3(c)(2) of the Federal
Deposit Insurance Act).
``(B) For purposes of this paragraph, the `annual surplus' for
either of the Trust Funds as of the end of a fiscal year is the excess
(if any) of--
``(i) the sum of--
``(I) in the case of the Federal Old-Age and
Survivors Insurance Trust Fund, the amounts
appropriated to such Trust Fund under paragraphs (3)
and (4) of subsection (a) for the fiscal year,
``(II) in the case of the Federal Disability
Insurance Trust Fund, the amounts appropriated to such
Trust Fund under paragraphs (1) and (2) of subsection
(b) for the fiscal year, and
``(III) in either case, the amount appropriated to
such Trust Fund under section 121(e) of the Social
Security Amendments of 1983 for the fiscal year, and
any amounts otherwise credited to or deposited in such
Trust Fund under this title for the fiscal year, over
``(ii) the amounts paid or transferred from such Trust Fund
during the fiscal year.''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to annual surpluses as of the end of
fiscal years beginning on or after October 1, 2005.
(b) Protection of the Social Security Trust Funds From the Public
Debt Limit.--
(1) Protection of trust funds.--Notwithstanding any other
provision of law--
(A) no officer or employee of the United States
may--
(i) delay the deposit of any amount into
(or delay the credit of any amount to) the
Federal Old-Age and Survivors Insurance Trust
Fund or the Federal Disability Insurance Trust
Fund or otherwise vary from the normal terms,
procedures, or timing for making such deposits
or credits, or
(ii) refrain from the investment in public
debt obligations of amounts in either of such
Trust Funds, if a purpose of such action or
inaction is to not increase the amount of
outstanding public debt obligations, and
(B) no officer or employee of the United States may
disinvest amounts in either of such Trust Funds which
are invested in public debt obligations if a purpose of
the disinvestment is to reduce the amount of
outstanding public debt obligations.
(2) Protection of benefits and expenditures for
administrative expenses.--
(A) In general.--Notwithstanding paragraph (1),
during any period for which cash benefits or
administrative expenses would not otherwise be payable
from the Federal Old-Age and Survivors Insurance Trust
Fund or the Federal Disability Insurance Trust Fund by
reason of an inability to issue further public debt
obligations because of the applicable public debt
limit, public debt obligations held by such Trust Fund
shall be sold or redeemed only for the purpose of
making payment of such benefits or administrative
expenses and only to the extent cash assets of such
Trust Fund are not available from month to month for
making payment of such benefits or administrative
expenses.
(B) Issuance of corresponding debt.--For purposes
of undertaking the sale or redemption of public debt
obligations held by the Federal Old-Age and Survivors
Insurance Trust Fund or the Federal Disability
Insurance Trust Fund pursuant to subparagraph (A), the
Secretary of the Treasury may issue corresponding
public debt obligations to the public, in order to
obtain the cash necessary for payment of benefits or
administrative expenses from such Trust Fund,
notwithstanding the public debt limit.
(C) Advance notice of sale or redemption.--Not less
than 3 days prior to the date on which, by reason of
the public debt limit, the Secretary of the Treasury
expects to undertake a sale or redemption authorized
under subparagraph (A), the Secretary of the Treasury
shall report to each House of the Congress and to the
Comptroller General of the United States regarding the
expected sale or redemption. Upon receipt of such
report, the Comptroller General shall review the extent
of compliance with paragraph (1) and subparagraphs (A)
and (B) of this paragraph and shall issue such findings
and recommendations to each House of the Congress as
the Comptroller General considers necessary and
appropriate.
(3) Public debt obligation.--For purposes of this
subsection, the term ``public debt obligation'' means any
obligation subject to the public debt limit established under
section 3101 of title 31, United States Code.
SEC. 3. SOCIAL SECURITY FOR AMERICANS ONLY.
(a) Limitations on Coverage of Individuals Based on Earnings of
Individuals Who Are not Citizens or Nationals of the United States.--
Section 215(e) of the Social Security Act (42 U.S.C. 415(e)) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' after ``(e)''; and
(3) by adding at the end the following new paragraph:
``(2) For purposes of subsections (b) and (d), in computing an
individual's average indexed monthly earnings, or in the case of an
individual whose primary insurance amount is computed under section
215(a) as in effect prior to January 1979, average monthly wage, such
individual shall not be credited with--
``(A) any wages paid to such individual after December 31,
2006, while such individual is not a citizen or national of the
United States, or
``(B) any self-employment income derived by such individual
during any taxable year beginning after December 31, 2006,
while such individual is not a citizen or national of the
United States.''.
(b) Revision of Authorization for Totalization Agreements.--
(1) In general.--Section 233 of the Social Security Act (42
U.S.C. 433) is amended to read as follows:
``international agreements
``Sec. 233. The President is authorized to enter into agreements
(subject to the other provisions of this title and of chapters 2 and 21
of the Internal Revenue Code of 1986) establishing arrangements between
the United States and any foreign country for the purpose of resolving
questions of entitlement to, and participation in, the social security
system established by this title and the social security system of such
foreign country. Any such agreement shall take into account the
limitations on the crediting of wages and self-employment income under
section 215(e)(2).''.
(2) Effective date; termination of existing agreements.--
The amendment made by paragraph (1) shall apply with respect to
agreements taking effect after the date of the enactment of
this Act. Any agreement in effect on such date which was
entered into under section 233 of the Social Security Act (as
in effect immediately before such date of enactment) shall
terminate on December 31, 2006 (or as provided in such
agreement, if earlier).
SEC. 4. SENIORS' HEALTH CARE FREEDOM.
(a) Facilitating the Use of Private Contracts Under the Medicare
Program.--Section 1802(b) of the Social Security Act (42 U.S.C.
1395a(b)) is amended by striking paragraph (3) and by redesignating
paragraphs (4) and (5) as paragraphs (3) and (4), respectively.
(b) No Eligibility Condition Based on Refusal to Participate in a
Government Program.--No persons otherwise eligible for old-age benefits
under Social Security shall be denied such benefits because of their
voluntary refusal to participate in any part of the Medicare program.
SEC. 5. REPEAL OF INCLUSION IN GROSS INCOME OF SOCIAL SECURITY
BENEFITS.
(a) In General.--Section 86 of the Internal Revenue Code of 1986
(relating to social security benefits) is amended by adding at the end
the following new subsection:
``(g) Termination.--This section shall not apply to any taxable
year beginning after the date of the enactment of this subsection.''.
(b) Social Security Trust Funds Held Harmless.--
(1) In general.--There are hereby appropriated (out of any
money in the Treasury not otherwise appropriated) for each
fiscal year to each fund under the Social Security Act or the
Railroad Retirement Act of 1974 an amount equal to the
reduction in the transfers to such fund for such fiscal year by
reason of section 86(g) of the Internal Revenue Code of 1986.
(2) No tax increases.--It is the sense of the Congress that
tax increases will not be used to provide the revenue necessary
to carry out paragraph (1).
SEC. 6. INCOME TAX CREDIT FOR PRESCRIPTION DRUGS PURCHASED BY
INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE
ATTAINED SOCIAL SECURITY RETIREMENT AGE.
``(a) In General.--In the case of an individual who has attained
social security retirement age, there shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 80 percent of the amount paid by the taxpayer during the
taxable year (and not compensated for by insurance or otherwise) for
any prescribed drug (as defined in section 213(d)(3)) for use by such
individual.
``(b) Social Security Retirement Age.--For purposes of this
section, the term `social security retirement age' means retirement age
(as defined in section 216(l)(1) of the Social Security Act).
``(c) Denial of Double Benefit.--
``(1) Coordination with medical expense deduction.--The
amount which would (but for this subsection) be taken into
account by the taxpayer under section 213 for the taxable year
shall be reduced by the credit (if any) allowed by this section
to the taxpayer for such year.
``(2) Coordination with medical and health savings
accounts.--No credit shall be allowed under this section for
amounts paid from any Archer MSA (as defined in section 220(d))
or any health savings account (as defined in section 223(d)).
``(d) Election not to Have Credit Apply.--This section shall not
apply to a taxpayer for a taxable year if the taxpayer elects not to
have this section apply for such year.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Prescription drugs purchased by individuals who have
attained social security retirement age''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning more than 1 year after the date of the
enactment of this Act.
SEC. 7. FACILITATION OF IMPORTATION OF DRUGS APPROVED BY FOOD AND DRUG
ADMINISTRATION AND INTERNET SALES OF PRESCRIPTION DRUGS.
(a) Facilitation of Importation of Drugs Approved by Food and Drug
Administration.--Chapter VIII of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 381 et seq.) is amended--
(1) by striking section 804; and
(2) in section 801(d)--
(A) by striking paragraph (2); and
(B) by striking ``(d)(1)'' and all that follows
through the end of paragraph (1) and inserting the
following:
``(d)(1)(A) A person who meets applicable legal requirements to be
an importer of drugs described in subparagraph (B) may import such a
drug (without regard to whether the person is a manufacturer of the
drug) if the person submits to the Secretary an application to import
the drug and the Secretary approves the application.
``(B) For purposes of subparagraph (A), the drugs described in this
subparagraph are drugs that are subject to section 503(b)(1) or that
are composed wholly or partly of insulin.
``(C) The Secretary shall approve an application under subparagraph
(A) if the application demonstrates that the drug to be imported meets
all requirements under this Act for the admission of the drug into the
United States, including demonstrating that--
``(i) an application for the drug has been approved under
section 505, or as applicable, under section 351 of the Public
Health Service Act; and
``(ii) the drug is not adulterated or misbranded.
``(D) Not later than 60 days after the date on which an application
under subparagraph (A) is submitted to the Secretary, the Secretary
shall--
``(i) approve the application; or
``(ii) refuse to approve the application and provide to the
person who submitted the application the reason for such
refusal.
``(E) This paragraph may not be construed as affecting any right
secured by patent.''.
(b) Internet Sales of Prescription Drugs.--Section 503(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) is amended by
adding at the end the following paragraph:
``(6)(A) With respect to the interstate sale of a prescription drug
through an Internet site, the Secretary may not with respect to such
sale take any action under this Act against any of the persons involved
if--
``(i) the sale was made in compliance with this Act and
with State laws that are applicable to the sale of the drug;
and
``(ii) accurate information regarding compliance with this
Act and such State laws is posted on the Internet site.
``(B) For purposes of subparagraph (A), the sale of a prescription
drug by a person shall be considered to be an interstate sale of the
drug through an Internet site if--
``(i) the purchaser of the drug submits the purchase order
for the drug, or conducts any other part of the sales
transaction for the drug, through an Internet site; and
``(ii) pursuant to such sale, the person introduces the
drug into interstate commerce or delivers the drug for
introduction into such commerce.
``(C) Subparagraph (A) may not be construed as authorizing the
Secretary to enforce any violation of State law.
``(D) For purposes of this paragraph, the term `prescription drug'
means a drug that is subject to paragraph (1).''.
(c) Conforming Amendments.--Section 801(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(2) in subclause (III) of paragraph (2)(A)(i) (as
redesignated by this subsection), by striking ``paragraph (4)''
and inserting ``paragraph (3)''; and
(3) in paragraph (3) (as redesignated by this subsection),
by striking ``paragraph (3)'' each place such term appears and
inserting ``paragraph (2)''.
(d) Regulations of Secretary of Health and Human Services;
Effective Date.--
(1) Regulations.--Before the expiration of the period
specified in paragraph (2), the Secretary of Health and Human
Services shall promulgate regulations to carry out the
amendments to the Federal Food, Drug, and Cosmetic Act that are
made by this section.
(2) Effective date.--The amendments to the Federal Food,
Drug, and Cosmetic Act that are made by this section take
effect upon the expiration of the one-year period beginning on
the date of the enactment of this Act, without regard to
whether the regulations required in paragraph (1) have been
promulgated. | Senior Citizen's Improved Quality of Life Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (Social Security trust funds) to ensure that the annual surplus of the Social Security Trust Funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Prescribes a formula for determining the annual surplus of the Trust Funds.
Prohibits any delay in making normal deposits in such Trust Funds, any refraining from making such investments to avoid increasing the public debt, or any disinvestment of Trust Fund amounts invested in public debt obligations to reduce the public debt. Requires the sale of Trust Fund public debt obligations, despite the public debt limit, for the payment of cash benefits and administrative expenses in certain circumstances.
Prohibits the crediting for OASDI coverage of any wages earned, and self-employment income derived, by individuals during any time they were not U.S. citizens or nationals.
Revises the President's authority to enter into agreements establishing totalization arrangements between the U.S. Social Security System and the social security system of any foreign country. Extends such authority to arrangements to resolve entitlement and participation questions about the respective systems, taking into account the limitation placed by this Act on the crediting of wages and self-employment.
Amends SSA title XVIII (Medicare) to repeal the physician or practitioner affidavit requirements for private, non-reimbursement contracts with Medicare beneficiaries.
Declares that no persons otherwise eligible for old-age benefits under Social Security shall be denied such benefits because of their voluntary refusal to participate in any part of the Medicare program.
Amends the Internal Revenue Code to: (1) repeal the inclusion in gross income of Social Security benefits; and (2) allow a nonrefundable tax credit for 80% of the amount paid for a prescribed drug (not compensated for by insurance or otherwise) by a taxpayer who has attained Social Security retirement age.
Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to repeal certain requirements relating to the importation of prescription drugs. Allows a person who meets applicable legal requirements to be an importer, with an approved import application, to import a prescription drug. Requires the Secretary to approve such an application if the drug meets all FFDCA requirements for admission into the United States, including approval by the Food and Drug Administration (FDA), and absence of adulteration or misbranding.
Prohibits the Secretary from taking any action against any of the persons involved with the interstate sale of a prescription drug through an Internet site if: (1) the sale was made in compliance with applicable federal and state laws; and (2) accurate information regarding compliance with such laws is posted on the website. | {"src": "billsum_train", "title": "To improve the quality of life for senior citizens."} | 3,881 | 671 | 0.562695 | 1.767885 | 0.554473 | 3.582897 | 6.153578 | 0.881326 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Employee
Suitability Act of 2011''.
SEC. 2. CRITERIA FOR MAKING SUITABILITY DETERMINATIONS FOR DISTRICT OF
COLUMBIA EMPLOYMENT; REQUIRING CRIMINAL BACKGROUND CHECKS
FOR APPOINTMENT TO EXCEPTED SERVICE.
(a) In General.--Part B of title IV of the District of Columbia
Home Rule Act (sec. 1-204.21 et seq., D.C. Official Code) is amended by
adding at the end the following new section:
``requirements for applicants for employment with district of columbia
government
``Sec. 425. (a) Criteria for Suitability Determinations.--
``(1) In general.--Except as provided in paragraph (2), in
determining whether an individual is suitable for employment
with the District of Columbia Government, the hiring authority
involved may find an individual unsuitable and take a
suitability action only on the basis of the following factors:
``(A) Misconduct or negligence in employment.
``(B) Criminal or dishonest conduct.
``(C) Material, intentional false statement, or
deception or fraud in examination or appointment.
``(D) Alcohol abuse, without evidence of
substantial rehabilitation, of a nature and duration
that suggests that the applicant or appointee would be
prevented from performing the duties of the position in
question, or would constitute a direct threat to the
property or safety of the applicant or appointee or
others.
``(E) Illegal use of narcotics, drugs, or other
controlled substances without evidence of substantial
rehabilitation.
``(F) Knowing and willful engagement in acts or
activities designed to overthrow the United States
Government by force.
``(G) Any statutory or regulatory bar which
prevents the lawful employment of the individual
involved in the position in question.
``(2) Additional considerations.--In addition to the
factors described in paragraph (1), the hiring authority may
consider any of the following factors with respect to an
individual's suitability for employment to the extent that it
considers such factors pertinent with respect to the individual
involved:
``(A) The nature of the position for which the
individual is applying or in which the individual is
employed.
``(B) The nature and seriousness of the conduct.
``(C) The circumstances surrounding the conduct.
``(D) How recently the conduct occurred.
``(E) The age of the individual involved at the
time of the conduct.
``(F) Contributing societal conditions.
``(G) The absence or presence of rehabilitation or
efforts toward rehabilitation.
``(3) Reciprocity.--A hiring authority cannot make a new
determination under this subsection for an individual who has
already been determined suitable or fit based on character or
conduct unless a new investigation is required under the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (or any successor law governing a merit personnel
system for the District of Columbia), or no new investigation
is required but the investigative record on file for the
individual shows conduct that is incompatible with the core
duties of the relevant covered position.
``(4) Scope of coverage.--This subsection shall apply to
any office in the executive branch of the District of Columbia
Government and to any independent agency of the District of
Columbia established under part F of this title, but does not
apply to the Council or the courts of the District of Columbia.
``(5) Effective date.--This subsection applies with respect
to individuals who seek employment with the District of
Columbia Government after the date of the enactment of this
section.
``(b) Criminal Background Checks for Appointment to Excepted
Service.--
``(1) Requirement.--An individual may not be appointed to
any position in the excepted service under the District of
Columbia Government Comprehensive Merit Personnel Act of 1978
(or any successor law governing a merit personnel system for
the District of Columbia) unless the individual applies for and
submits to a criminal background check in accordance with the
Criminal Background Checks for the Protection of Children Act
of 2004 and the regulations issued to carry out such Act.
``(2) Administration.--For purposes of this section, the
Criminal Background Checks for the Protection of Children Act
of 2004 shall apply to an individual seeking appointment to a
position in the excepted service in the same manner as such Act
applies to an individual applying for paid employment by a
covered child or youth services provider under such Act.
``(3) Effective date.--This subsection applies with respect
to individuals who are appointed to positions in the excepted
service after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of contents of the District of
Columbia Home Rule Act is amended by adding at the end of the item
relating to part B of title IV the following new item:
``Sec. 425. Requirements for applicants for employment with District of
Columbia Government.''. | District of Columbia Employee Suitability Act of 2011 - Amends the District of Columbia Home Rule Act to establish criteria to determine whether an individual is suitable for employment with the District of Columbia government.
Authorizes the hiring authority involved, subject to exceptions, to find an individual unsuitable and take a suitability action only on the basis of: (1) misconduct or negligence in employment; (2) criminal or dishonest conduct; (3) material, intentional false statement, or deception or fraud in examination or appointment; (4) alcohol abuse of a specified character; (5) illegal use of narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation; (6) knowing and willful engagement in acts or activities designed to overthrow the U.S. government by force; and (7) any statutory or regulatory bar preventing the lawful employment of the individual involved in the position in question.
Specifies additional factors the hiring authority may consider.
Prohibits a hiring authority from making a new determination under this Act for an individual who has already been determined suitable or fit based on character or conduct unless: (1) a new investigation is required under the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (Merit Personnel Act) or any successor law, or (2) no new investigation is required but the investigative record on file for the individual shows conduct incompatible with the core duties of the relevant covered position.
Makes such suitability determination factors: (1) applicable to any office in the District of Columbia executive branch and to any District of Columbia independent agency, and (2) inapplicable to the Council and courts of the District of Columbia.
Prohibits appointments to any position in the excepted service under the Merit Personnel Act unless the individual applies for and submits to a criminal background check in accordance with the Criminal Background Checks for the Protection of Children Act of 2004. | {"src": "billsum_train", "title": "To amend the District of Columbia Home Rule Act to establish factors for making determinations on the suitability of individuals for employment with the District of Columbia Government, to require individuals to undergo criminal background checks as a condition of appointment in the excepted service of the District Government, and for other purposes."} | 1,128 | 403 | 0.714321 | 2.345939 | 0.821324 | 4.812155 | 2.850829 | 0.950276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Samoa Study Commission
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the islands of Tutuila and Manua, and certain other
islands that compose American Samoa, were ceded by the chiefs
of the islands to the United States by 2 treaties ratified on
April 10, 1900, and July 16, 1904;
(2) American Samoa's status as an unorganized and
unincorporated territory of the United States, and American
Samoa's political relationship to the United States, are not
clearly defined in any single document;
(3) there is a need for a comprehensive study and review of
the historical and legal bases of American Samoa's status and
political relationship with the United States, including--
(A) a determination of American Samoa's present
political relationship with the United States compared
to other relationships such as commonwealth, free
association, and covenant; and
(B) an examination of whether the treaties of
cession created trust obligations to American Samoa on
the part of the United States; and
(4) the economic and social needs of American Samoa are
substantially affected by the nature of American Samoa's
political status and relationship with the United States.
(5) The need for a comprehensive study also of Swains
Island.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``American
Samoa Study Commission''.
SEC. 4. DUTIES.
(a) In General.--It shall be the duty of the Commission--
(1) to study and evaluate all factors that led to American
Samoa's historical and present political status and
relationship with the United States, including--
(A) the events that led to the cession to the
United States of the islands that compose American
Samoa; and
(B) the constitutions, statutes, treaties, and
agreements that affect American Samoa's political
status and relationship with the United States;
(2) to determine the nature of American Samoa's political
status and relationship with the United States compared to
relationships such as commonwealth, free association, and
covenant, and the extent to which the treaties of cession
created trust obligations to American Samoa on the part of the
United States;
(3) to determine whether a single document is needed to set
forth American Samoa's political status and relationship with
the United States; and
(4) to study and evaluate the impact of American Samoa's
political status and relationship with the United States (as
determined by the Commission under paragraph (2)) on the
economic and social needs of American Samoa and its residents.
(b) Consultation.--The Commission shall, to the maximum extent
practicable, consult with American Samoans in carrying out the duties
of the Commission under subsection (a).
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 5
members appointed as follows:
(1) 3 members appointed by the Secretary of the Interior,
including--
(A) 1 member appointed from among individuals
recommended by the Governor of American Samoa; and
(B) 1 member appointed from among individuals
recommended by the legislature of the Territorial
government of American Samoa.
(2) 1 member appointed by the Speaker of the House of
Representatives.
(3) 1 member appointed by the President of the Senate.
(b) Terms.--Each member shall be appointed for the life of the
Commission.
(c) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
each member of the Commission shall be paid, to the extent of
amounts made available in appropriation Acts, $150 for each day
(including travel time) during which the member is engaged in
the actual performance of the duties of the Commission.
(2) Prohibition of compensation of federal employees.--
Except as provided in subsection (d), members of the Commission
who are full-time officers or employees of the United States or
the Territorial government of American Samoa may not receive
additional pay, allowances, or benefits by reason of their
service on the Commission.
(d) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(e) Quorum.--3 members of the Commission shall constitute a quorum,
but a lesser number may hold hearings.
(f) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be elected by the members.
(g) Meetings.--
(1) Initial meeting.--Not later than the expiration of the
90-day period beginning on the date of the enactment of this
Act, the Secretary of the Interior shall call the initial
meeting of the members of the Commission.
(2) Subsequent meetings.--The Chairperson or a majority of
the members of the Commission shall call any meeting of the
Commission that occurs after the meeting called under paragraph
(1).
SEC. 6. STAFF AND SUPPORT SERVICES.
(a) Director.--The Commission shall have a Director, who shall be
appointed by the Commission.
(b) Staff.--Subject to rules prescribed by the Commission, the
Chairperson of the Commission may appoint and fix the pay of personnel
as the Chairperson considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
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 may be paid 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
an individual so appointed may not receive pay in excess of the maximum
rate of basic pay payable for GS-16 of the General Schedule.
(d) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not to exceed $150 per day.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and
locations, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Location of certain hearings.--
(A) Required hearings.--The Commission shall
conduct at least 1 hearing at any location on each of--
(i) Tutuila;
(ii) Ofu;
(iii) Olosega; and
(iv) Tau.
(B) Other hearings.--The Commission may conduct at
least 3 separate hearings in the United States at
locations where significant numbers of American Samoans
reside.
(3) Notice.--The Commission shall provide notice to the
public of the hearings referred to in paragraphs (1) and (2),
including information regarding the date, location, and topic
of each meeting, and shall take other actions as the Commission
considers necessary to obtain, to the maximum extent
practicable, public participation in the hearings.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action that the
Commission is authorized to take by this Act.
(c) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any Federal agency information necessary to enable it to carry
out this Act. Upon request of the Chairperson or Vice
Chairperson of the Commission, the head of the Federal agency
shall furnish the information to the Commission.
(2) Exception.--Paragraph (1) shall not apply to any
information that the Commission is prohibited to secure or
request by another law.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
SEC. 8. REPORTS.
(a) Draft Report.--
(1) In general.--Not later than the expiration of the 1-
year period beginning on the date of the enactment of this Act,
the Commission shall prepare and publish a draft report
containing the findings, conclusions, and recommendations of
the Commission.
(2) Distribution.--The Commission shall distribute such
report to appropriate Federal and American Samoan agencies and
shall make such report available to members of the public upon
request.
(3) Solicitation of comments.--The Commission shall solicit
written comments from the Federal and American Samoan agencies
and other persons to which copies of such report are
distributed under paragraph (2).
(b) Final Report.--Not later than the expiration of the 9-month
period beginning on the date of the publication of the report required
by subsection (a)(1), the Commission shall submit to the President and
the Congress a final report, which shall include--
(1) a detailed statement of the findings and conclusions
made by the Commission after consideration of the comments
received by the Commission under subsection (a)(3);
(2) the recommendations of the Commission for legislative
and administrative actions that the Commission determines to be
appropriate; and
(3) copies of all written comments received by the
Commission under subsection (a)(3).
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) The term ``American Samoan'' has the meaning given the
term ``native American Samoan'' in section 4 of Public Law 100-
571 (16 U.S.C. 410qq-3).
(2) The term ``Commission'' means the American Samoa Study
Commission established in section 3.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $200,000 to carry out this
Act.
SEC. 11. TERMINATION.
The Commission shall terminate not later than the expiration of the
60-day period beginning on the date on which the Commission submits its
final report under section 8. | American Samoa Study Commission Act - Establishes the American Samoa Study Commission to study and report on all factors that led to American Samoa's historical and present political status and relationship with the United States.
Authorizes appropriations. | {"src": "billsum_train", "title": "American Samoa Study Commission Act"} | 2,251 | 55 | 0.552291 | 1.317698 | 0.586879 | 4.512195 | 50.682927 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paleontological Resources
Preservation Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Paleontological resources are nonrenewable. Such
resources on Federal lands are an accessible and irreplaceable
part of the heritage of the United States and offer significant
educational opportunities to all citizens.
(2) Existing Federal laws, statutes, and other provisions
that manage paleontological resources are not articulated in a
unified national policy for Federal land management agencies
and the public. Such a policy is needed to improve scientific
understanding, to promote responsible stewardship, and to
facilitate the enhancement of responsible paleontological
collecting activities on Federal lands.
(3) Consistent with the statutory provisions applicable to
each Federal land management system, reasonable access to
paleontological resources on Federal lands should be provided
for scientific, educational, and recreational purposes.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a comprehensive national
policy for preserving and managing paleontological resources on Federal
lands.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) Casual collecting.--The term ``casual collecting''
means the collecting of a reasonable amount of common
invertebrate and plant paleontological resources for personal,
scientific, educational or recreational use, either by surface
collection or using non-powered hand tools resulting in only
negligible disturbance to the Earth's surface and other
resources.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior with respect to lands administered by the
Secretary of the Interior or the Secretary of Agriculture with
respect to National Forest System Lands administered by the
Secretary of Agriculture.
(3) Federal lands.--The term ``Federal lands'' means lands
administered by the Secretary of the Interior, except Indian
lands, or National Forest System Lands administered by the
Secretary of Agriculture.
(4) Indian lands.--The term ``Indian Lands'' means lands of
Indian tribes, or Indian individuals, which are either held in
trust by the United States or subject to a restriction against
alienation imposed by the United States.
(5) State.--The term ``State'' means the fifty States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
other territory or possession of the United States.
(6) Paleontological resource.--The term ``paleontological
resource'' means any fossilized remains, traces, or imprints of
organisms, preserved in or on the earth's crust, that are of
paleontological interest and that provide information about the
history of life on earth, except that the term does not
include--
(A) any materials associated with an archaeological
resource (as defined in section 3(1) of the
Archaeological Resources Protection Act of 1979 (16
U.S.C. 470bb(1))); or
(B) any cultural item (as defined in section 2 of
the Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001)).
(7) Common invertebrate and plant paleontological
resources.--The term ``common invertebrate and plant
paleontological resources'' means fossils that are not
significant.
(8) Significant.--The term ``significant'' is a fossil that
meets scientific significance criteria as determined by the
Secretary in the promulgation of uniform rules and regulations
under this Act.
(9) Qualified applicant.--The term ``qualified applicant''
is someone who possesses a graduate degree in paleontology or
related topics; or the equivalent experience with one who meets
that standard.
SEC. 5. MANAGEMENT.
(a) In General.--The Secretary shall manage and protect
paleontological resources on Federal lands using scientific principles
and expertise. The Secretary shall develop appropriate plans for
inventory, monitoring, and the scientific and educational use of
paleontological resources, in accordance with applicable agency laws,
regulations, and policies. These plans shall emphasize interagency
coordination and collaborative efforts where possible with non-Federal
partners, the scientific community, and the general public.
(b) Coordination of Implementation.--To the extent possible, the
Secretary of the Interior and the Secretary of Agriculture shall
coordinate in the implementation of this Act.
SEC. 6. PUBLIC AWARENESS AND EDUCATION PROGRAM.
The Secretary shall establish a program to increase public
awareness about the significance of paleontological resources.
SEC. 7. COLLECTION OF PALEONTOLOGICAL RESOURCES.
(a) Permit Requirement.--
(1) In general.--Except as provided in this Act, a
paleontological resource may not be collected from Federal
lands without a permit issued under this Act by the Secretary.
(2) Casual collecting exception.--The Secretary may allow
casual collecting without a permit on Federal lands
administered by the Bureau of Land Management, the Bureau of
Reclamation, and the U.S. Forest Service, where such collection
is not inconsistent with the laws governing the management of
those Federal lands and this Act.
(3) Previous permit exception.--Nothing in this section
shall affect a valid permit issued prior to the date of
enactment of this Act.
(b) Criteria for Issuance of a Permit.--The Secretary may issue a
permit for the collection of a paleontological resource pursuant to an
application if the Secretary determines that--
(1) the permitted activity shall be carried out by a
qualified applicant;
(2) the permitted activity is undertaken for the purpose of
furthering paleontological knowledge or for public education;
(3) the permitted activity is consistent with any
management plan applicable to the Federal lands concerned; and
(4) the proposed methods of collecting will not threaten
significant natural or cultural resources.
(c) Permit Specifications.--A permit for the collection of a
paleontological resource issued under this section shall contain such
terms and conditions as the Secretary deems necessary to carry out the
purposes of this Act. Every permit shall include requirements that--
(1) the paleontological resource that is collected from
Federal lands under the permit will remain the property of the
United States;
(2) the paleontological resource and copies of associated
records will be preserved for the public in an approved
repository, to be made available for scientific research and
public education; and
(3) specific locality data will not be released by the
permittee or repository without the written permission of the
Secretary.
(d) Modification, Suspension, and Revocation of Permits.--
(1) The Secretary may modify, suspend, or revoke a permit
issued under this section--
(A) for resource, safety, or other management
considerations; or
(B) when there is a violation of term or condition
of a permit issued pursuant to this section.
(2) The permit shall be revoked if any person working under
the authority of the permit is convicted under section 9 or is
assessed a civil penalty under section 10.
SEC. 8. CURATION OF RESOURCES.
Any paleontological resource, and any data and records associated
with the resource, collected under a permit, shall be deposited in an
approved repository. The Secretary may enter into agreements with non-
Federal repositories regarding the curation of these resources, data,
and records.
SEC. 9. PROHIBITED ACTS; PENALTIES.
(a) In General.--A person may not--
(1) excavate, remove, damage, or otherwise alter or deface
or attempt to excavate, remove, damage, or otherwise alter or
deface any paleontological resources located on Federal lands
unless such activity is conducted in accordance with this Act;
(2) exchange, transport, export, receive, or offer to
exchange, transport, export, or receive any paleontological
resource if, in the exercise of due care, the person knew or
should have known such resource to have been excavated,
removed, exchanged, transported, or received from Federal lands
in violation of any provisions, rule, regulation, law,
ordinance, or permit in effect under Federal law, including
this Act; or
(3) sell or purchase or offer to sell or purchase any
paleontological resource if, in the exercise of due care, the
person knew or should have known such resource to have been
excavated, removed, sold, purchased, exchanged, transported, or
received from Federal lands.
(b) False Labeling Offenses.--A person may not make or submit any
false record, account, or label for, or any false identification of,
any paleontological resource excavated or removed from Federal lands.
(c) Penalties.--
(1) In general.--Except as provided in paragraphs (2) and
(3), a person who knowingly violates or counsels, procures,
solicits, or employs another person to violate subsection (a)
or (b) shall, upon conviction, be guilty of a class A
misdemeanor.
(2) Damage over $1,000.--If the sum of the scientific or
fair market value of the paleontological resources involved and
the cost of restoration and repair of such resources exceeds
the sum of $1,000, such person shall, upon conviction, be
guilty of a class E felony.
(3) Multiple offenses.--In the case of a second or
subsequent such violation, such person shall, upon conviction,
be guilty of a class D felony.
(d) General Exception.--Nothing in subsection (a) shall apply to
any person with respect to any paleontological resource which was in
the lawful possession of such person prior to the date of the enactment
of this Act.
SEC. 10. CIVIL PENALTIES FOR VIOLATIONS OF REGULATIONS OR PERMIT
CONDITIONS.
(a) In General.--
(1) Hearing.--A person who violates any prohibition
contained in an applicable regulation or permit issued under
this Act may be assessed a penalty by the Secretary after the
person is given notice and opportunity for a hearing with
respect to the violation. Each violation shall be considered a
separate offense for purposes of this section.
(2) Amount of penalty.--The amount of such penalty assessed
under paragraph (1) shall be determined under regulations
promulgated pursuant to this Act, taking into account the
following factors:
(A) The scientific or fair market value, whichever
is greater, of the paleontological resource involved.
(B) The cost of response, restoration, and repair
of the resource and the paleontological site involved.
(C) Any other factors considered relevant by the
Secretary assessing the penalty.
(3) Multiple offenses.--In the case of a second or
subsequent violation by the same person, the amount of a
penalty assessed under paragraph (2) may be doubled.
(4) Limitation.--The amount of any penalty assessed under
this subsection for any one violation shall not exceed an
amount equal to double the cost of response, restoration, and
repair of resources and paleontological site damage plus double
the scientific or fair market value of resources destroyed or
not recovered.
(b) Petition for Judicial Review; Collection of Unpaid
Assessments.--Any person against whom an order is issued assessing a
penalty under subsection (a) may file a petition for judicial review of
the order with an appropriate Federal district court within the 30-day
period beginning on the date the order making the assessment was
issued. The court shall hear the action on the record made before the
Secretary and shall sustain his action if it is supported by
substantial evidence on the record considered as a whole.
(c) Hearings.--Hearings held during proceedings instituted under
subsection (a) shall be conducted in accordance with section 554 of
title 5, United States Code.
(d) Use of Recovered Amounts.--Any penalties collected under this
section shall be available to the Secretary and without further
appropriation may be used only as follows:
(1) To protect, restore, or repair the paleontological
resources and sites which were the subject of the action, or to
acquire sites with equivalent resources, and to protect,
monitor, and study the resources and sites. Any acquisition
shall be subject to any limitations contained in the organic
legislation for such Federal lands.
(2) To provide educational materials to the public about
paleontological resources and sites.
(3) To provide for the payment of Rewards as provided in
section 11.
SEC. 11. REWARDS FORFEITURE.
(a) Rewards.--The Secretary may pay from penalties collected under
section 9 or 10 an amount equal to the lesser of one-half of the
penalty or $500, to any person who furnishes information which leads to
the finding of a civil violation, or the conviction of criminal
violation, with respect to which the penalty was paid. If several
persons provided the information, the amount shall be divided among the
persons. No officer or employee of the United States or of any State or
local government who furnishes information or renders service in the
performance of his official duties shall be eligible for payment under
this subsection.
(b) Forfeiture.--All paleontological resources with respect to
which a violation under section 9 or 10 occurred and which are in the
possession of any person, and all vehicles and equipment of any person
that were used in connection with the violation, may be subject to
forfeiture to the United States upon--
(1) the person's conviction of the violation under section
9;
(2) assessment of a civil penalty against any person under
section 10 with respect to the violation; or
(3) a determination by any court that the paleontological
resources, vehicles, or equipment were involved in the
violation.
SEC. 12. CONFIDENTIALITY.
Information concerning the nature and specific location of a
paleontological resource the collection of which requires a permit
under this Act or under any other provision of Federal law shall be
withheld from the public under subchapter II of chapter 5 of title 5,
United States Code, or under any other provision of law unless the
responsible Secretary determines that disclosure would--
(1) further the purposes of this Act;
(2) not create risk of harm to or theft or destruction of
the resource or the site containing the resource; and
(3) be in accordance with other applicable laws.
SEC. 13. REGULATIONS.
As soon as practical after the date of the enactment of this Act,
the Secretary shall issue uniform regulations as are appropriate to
carry out this Act, providing opportunities for public notice and
comment.
SEC. 14. ROCK COLLECTING ON NATIONAL FOREST SYSTEM LANDS.
Casual collecting of rocks and minerals for personal use is a valid
use of National Forest System lands and requires no permit except as
provided by other statutes and agency regulations.
SEC. 15. SAVINGS PROVISIONS.
Nothing in this Act shall be construed to--
(1) invalidate, modify, or impose any additional
restrictions or permitting requirements on any activities
permitted at any time under the general mining laws, the
mineral or geothermal leasing laws, laws providing for minerals
materials disposal, or laws providing for the management or
regulation of the activities authorized by the aforementioned
laws including but not limited to the Federal Land Policy
Management Act (43 U.S.C. 1701-1784), the Mining in the Parks
Act, the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201-1358), and the Organic Administration Act (16
U.S.C. 478, 482, 551);
(2) invalidate, modify, or impose any additional
restrictions or permitting requirements on any activities
permitted at any time existing laws and authorities relating to
reclamation and multiple uses of the public lands;
(3) apply to, or require a permit for, amateur collecting
of a rock, mineral, or invertebrate or plant fossil that is not
protected under this Act;
(4) affect any lands other than Federal lands or affect the
lawful recovery, collection, or sale of paleontological
resources from lands other than Federal lands;
(5) alter or diminish the authority of a Federal agency
under any other law to provide protection for paleontological
resources on Federal lands in addition to the protection
provided under this Act; or
(6) create any right, privilege, benefit, or entitlement
for any person who is not an officer or employee of the United
States acting in that capacity. No person who is not an officer
or employee of the United States acting in that capacity shall
have standing to file any civil action in a court of the United
States to enforce any provision or amendment made by this Act.
SEC. 16. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act. | Paleontological Resources Preservation Act - Directs the Secretaries of the Interior and Agriculture (the Secretaries) to: (1) manage and protect paleontological resources on Federal land using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources.Directs the Secretaries to establish a program to increase public awareness about the significance of paleontological resources.Prohibits a person from collecting a paleontological resource from Federal land without a permit issued under this Act by one of the Secretaries. Authorizes the Secretaries to allow casual collecting of common invertebrate and plant paleontological resources for scientific, educational, and recreational uses, without a permit, on certain Federal lands where not inconsistent with laws governing management of such lands and this Act. Recognizes as valid permits issued before enactment of this Act.Prohibits: (1) excavating, removing, or altering a paleontological resource located on Federal lands, except in compliance with this Act; (2) exchanging or receiving such a resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; (3) selling or purchasing a paleontological resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; or (4) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from Federal lands. Imposes criminal penalties for violating this Act.Sets forth requirements for the assessment of civil penalties by the Secretaries for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources and to protect, monitor, and study the resources and sites; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward.Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other Federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions.Declares that no permit is required by this Act for the casual collecting of rocks and minerals on National Forest System lands for personal use. | {"src": "billsum_train", "title": "To provide for the protection of paleontological resources on Federal lands, and for other purposes."} | 3,635 | 526 | 0.652323 | 2.021478 | 0.777108 | 3.930023 | 7.530474 | 0.909707 |
SECTION 1. FINDINGS AND DECLARATION.
Congress finds and declares that--
(1) maintaining and improving the strength and
effectiveness of the Commission is essential to the integrity
of the Federal election system;
(2) the Commission was created in the wake of the Watergate
scandal to ensure the integrity of Federal elections by
overseeing Federal election disclosure and enforcing Federal
campaign finance law;
(3) the sharply increasing number of cases and the growing
volume of financial activity is making it increasingly
difficult for the Commission to fulfill its watchdog role in a
timely and effective manner;
(4) the Commission finds itself without a sufficient budget
and without the basic enforcement powers that would enable the
Commission to fulfill its watchdog role in a timely and
effective manner; and
(5) Congress should provide the Commission with sufficient
resources and authority to allow the Commission to carry out
its duties.
SEC. 2. FILING OF FEDERAL ELECTION CAMPAIGN REPORTS USING COMPUTERS AND
FACSIMILE MACHINES.
Section 302(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(a)) is amended by striking paragraph (11) and inserting at
the end the following:
``(11)(A) The Commission may prescribe regulations under
which persons required to file designations, statements, and
reports under this Act--
``(i) are required to maintain and file a
designation, statement, or report for any calendar year
in electronic form accessible by computers if the
person has, or has reason to expect to have, aggregate
contributions or expenditures in excess of a threshold
amount determined by the Commission; and
``(ii) may maintain and file a designation,
statement, or report in that manner if not required to
do so under regulations prescribed under clause (i).
``(B) The Commission shall prescribe regulations which
allow persons to file designations, statements, and reports
required by this Act through the use of facsimile machines.
``(C) In prescribing regulations under this paragraph, the
Commission shall provide methods (other than requiring a
signature on the document being filed) for verifying
designations, statements, and reports covered by the
regulations. Any document verified under any of the methods
shall be treated for all purposes (including penalties for
perjury) in the same manner as a document verified by
signature.''.
SEC. 3. AUDITS BY THE FEDERAL ELECTION COMMISSION.
(a) Random Audits.--Section 311(b) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 438(b)) is amended--
(1) by inserting ``(1)'' before ``The Commission''; and
(2) by adding at the end the following:
``(2) Random audits.--
``(A) In general.--Notwithstanding paragraph (1),
the Commission may conduct random audits and
investigations to ensure voluntary compliance with this
Act.
``(B) Selection of subjects.--The aggregate amount
of contributions received by an eligible Senate
candidate as of the end of each reporting period under
section 304 shall meet the requirement of paragraph
(1).
``(C) Limitation.--The Commission shall not conduct
an audit or investigation of a candidate's authorized
committee under paragraph (1) until the candidate is no
longer a candidate for the office sought by the
candidate in an election cycle.
``(D) Applicability.--This paragraph does not apply
to an authorized committee of a candidate for President
or Vice President subject to audit under section 9007
or 9038 of the Internal Revenue Code of 1986.''.
(b) Extension of Period During Which Campaign Audits May Be
Begun.--Section 311(b) of the Federal Election Campaign Act of 1971 (2
U.S.C. 438(b)) is amended by striking ``6 months'' and inserting ``12
months''.
SEC. 4. AUTHORITY OF THE FEDERAL ELECTION COMMISSION TO SEEK
INJUNCTION.
Section 309(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 437g(a)) is amended--
(1) by adding at the end the following:
``(13)(A) If, at any time in a proceeding described in paragraph
(1), (2), (3), or (4), the Commission believes that--
``(i) there is a substantial likelihood that a violation of
this Act is occurring or is about to occur;
``(ii) the failure to act expeditiously will result in
irreparable harm to a party affected by the potential
violation;
``(iii) expeditious action will not cause undue harm or
prejudice to the interests of others; and
``(iv) the public interest would be best served by the
issuance of an injunction;
the Commission may initiate a civil action for a temporary restraining
order or a preliminary injunction pending the outcome of the
proceedings described in paragraphs (1), (2), (3), and (4).
``(B) An action under subparagraph (A) shall be brought in the
United States district court for the district in which the defendant
resides, transacts business, or may be found, or in which the violation
is occurring, has occurred, or is about to occur.'';
(2) in paragraph (7), by striking ``(5) or (6)'' and
inserting ``(5), (6), or (13)''; and
(3) in paragraph (11), by striking ``(6)'' and inserting
``(6) or (13)''.
SEC. 5. INCREASE IN PENALTY FOR KNOWING AND WILLFUL VIOLATIONS.
Section 309(a)(5)(B) of the Federal Election Campaign Act of 1971
(2 U.S.C. 437g(a)(5)(B)) is amended by striking ``the greater of
$10,000 or an amount equal to 200 percent'' and inserting ``the greater
of $15,000 or an amount equal to 300 percent''.
SEC. 6. CIVIL PENALTIES FOR MINOR REPORTING VIOLATIONS.
Section 309(a)(4)(A) of the Federal Election Campaign Act of 1971
(2 U.S.C. 437g(a)(4)(A)) is amended--
(1) in the first sentence of clause (i) by striking
``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and
(2) by adding at the end the following:
``(iii) Minor reporting violations.--
``(I) Definition of minor reporting violation.--The
Commission shall by regulation establish a definition
of the term `minor reporting violation' for the
purposes of this clause.
``(II) Assessment by the commission.--After notice
and hearing, the Commission may, without following the
procedure of subparagraph (A) or paragraph (5) or (6),
assess a civil penalty against a person that commits a
minor reporting violation.
``(III) Schedule of amounts of civil penalties.--
The Commission shall by regulation establish a schedule
of the amounts (or ranges of amounts) of civil
penalties (not to exceed $5,000 or an amount equal to
the amount of any contribution or expenditure involved
in the violation) that shall be assessed for different
categories of minor reporting violations.
``(IV) Considerations.--In determining the amounts
of civil penalties, the Commission shall consider the
effect that a violation could be expected to have on
the conduct of an election campaign or on the outcome
of an election, the previous compliance record of the
violator, and other appropriate factors.
``(V) Limitation.--The Commission shall not assess
a civil penalty under this clause within 30 days before
the date of an election.
``(VI) Enforcement and judicial review.--The
Commission, acting through its own attorneys, may bring
a civil action in United States district court for
payment of, and a person against whom a civil penalty
has been assessed may bring a civil action in United
State district court to review, a civil penalty under
subclause (II). Paragraph (7) shall apply to a civil
action under this subclause.
``(VII) Election of remedy.--If the Commission
elects to proceed under this clause against a person
for a minor reporting violation, the Commission shall
be precluded from seeking enforcement with respect to
that violation under any other provision of this Act or
other law.''.
SEC. 7. FILING OF SENATE ELECTION REPORTS WITH THE FEDERAL ELECTION
COMMISSION, RATHER THAN WITH THE SECRETARY OF THE SENATE.
(a) Section 302 Amendments.--Section 302 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 432) is amended by striking subsection
(g) and inserting the following:
``(g) Place of Filing.--All designations, statements, and reports
required to be filed under this Act shall be filed with the
Commission.''.
(b) Section 304 Amendments.--Section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434) is amended--
(1) in subsection (a)(6)(A), by striking ``Secretary or the
Commission'' through ``as appropriate'' and inserting
``Commission and Secretary of State''; and
(2) in the third sentence of subsection (c)(2), by striking
``the Secretary or''.
(c) Section 311 Amendments.--Section 311(a)(4) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 438(a)(4)) is amended by
striking ``Secretary or the''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
The Federal Election Campaign Act of 1971 is amended--
(1) by striking section 314 (2 U.S.C. 439c) and inserting
the following:
``SEC. 314. [REPEALED].'';
and
(2) by inserting after section 406 the following:
``SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this Act and
chapters 95 and 96 of the Internal Revenue Code of 1986--
``(1) $1,700,000 for fiscal year 1997 (in addition to
appropriations made before the date of enactment of this
section, to be used in the investigation of the extraordinary
problems associated with the 1996 elections such as the making
of contributions by nonresident foreign nationals and the
acceptance of such contributions by candidates, the use of
funds not reported as contributions or expenditures to
circumvent expenditure limits applicable to political party
committees, coordination with candidates in the making of
expenditures claimed to be independent expenditures, and
expenditures on advertisements claimed to be purely issue-
oriented that clearly suggested support of or opposition to
particular candidates) ; and
``(2) $34,200,000 for fiscal year 1998.''. | Amends the Federal Election Campaign Act of 1971 (FECA) to authorize the Federal Election Commission (Commission) to issue a regulation to require the filing of designations, statements, and reports using computers if the person has, or has reason to expect to have, aggregate contributions or expenditures in excess of a threshold amount determined by the Commission. Requires the Commission to prescribe a regulation allowing persons to file designations, statements, and reports using facsimile machines.
(Sec. 3) Authorizes the Commission to conduct random audits and investigations to ensure voluntary compliance. Extends the period during which a campaign audit of a candidate's authorized committee may be begun.
(Sec. 4) Grants authority to the Commission to seek at any time in a proceeding a temporary restraining order or a temporary injunction if the Commission believes there is a substantial likelihood that a violation is occurring or is about to occur.
(Sec. 5) Revises the requirement regarding the payment of a civil penalty for knowing and willful violations of any contribution or expenditure to authorize, under a conciliation agreement entered into by the Commission, the payment of a civil penalty not exceeding the greater of $15,000 or an amount equal to 300 percent (currently the greater of $10,000 or an amount equal to 200 percent).
(Sec. 6) Sets forth the following with respect to civil penalties for minor reporting violations. Directs the Commission by regulation to: (1) establish a definition of the term "minor reporting violation"; and (2) establish a schedule of the amounts (or ranges of the amounts) of civil penalties (not to exceed $5,000 or an amount equal to the amount of any contribution or expenditure involved in the violation) to be assessed for different categories of minor reporting violations. Prohibits the Commission from assessing a civil penalty within 30 days before the date of an election. Permits the Commission to seek enforcement of a civil action in U.S. district court.
(Sec. 7) Repeals requirements for the filing of designations, statements, and reports required under FECA by a Senate candidate and the candidate's principal campaign committee with the Secretary of the Senate. Replaces them with a requirement for all such designations, statements, and reports to be filed with the Commission.
(Sec. 8) Revises FECA authorization of appropriations provisions to, among other things: (1) add an additional amount for FY 1997 to be used to investigate the extraordinary problems associated with the 1996 elections; and (2) authorize appropriations for FY 1998. | {"src": "billsum_train", "title": "A bill to amend the Federal Election Campaign Act of 1971 to improve the enforcement capabilities of the Federal Election Commission, and for other purposes."} | 2,457 | 565 | 0.635162 | 2.169724 | 0.565885 | 3.945344 | 4.398785 | 0.888664 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spending Control Act of 2010''.
SEC. 2. ESTABLISHMENT.
There is established an independent commission to be known as the
``Grace Commission II''.
SEC. 3. DUTIES OF COMMISSION.
The duties of the Commission shall be--
(1) to conduct reviews in accordance with section 7; and
(2) to submit reports in accordance with section 8.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of eight
members appointed by the President, by and with the advice and
consent of the Senate.
(2) Nominations.--Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to the
Senate nominations for appointment to the Commission.
(3) Consultation.--In selecting individuals for nominations
for appointments to the Commission, the President shall consult
with--
(A) the Speaker of the House of Representatives
concerning the appointment of three members;
(B) the majority leader of the Senate concerning
the appointment of three members;
(C) the minority leader of the House of
Representatives concerning the appointment of one
member; and
(D) the minority leader of the Senate concerning
the appointment of one member.
(b) Terms.--Each member shall be appointed for the life of the
Commission.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(d) Chairman.--The Chairman of the Commission shall be designated
by the President at the time of nomination of members of the
Commission.
(e) Basic Pay.--
(1) Rates of pay.--
(A) In general.--Except as provided in paragraph
(2), each member, other than the Chairman, shall be
paid at a rate equal to the daily equivalent of the
minimum annual rate of basic pay for level IV of the
Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel
time) during which the member is engaged in the actual
performance of duties vested in the Commission.
(B) Chairman.--The Chairman shall be paid for each
day referred to in subparagraph (A) at a rate equal to
the daily equivalent of the minimum annual rate of
basic pay payable for level III of the Executive
Schedule under section 5314 of title 5, United States
Code.
(C) Travel expenses.--Each member shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(f) Quorum.--Five members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(g) Meetings.--The Commission shall meet at the call of the
Chairman.
SEC. 5. DIRECTOR; STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Commission. The Director shall be paid at the rate of
basic pay for level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(b) Staff.--
(1) In general.--With the approval of the Commission, the
Director may appoint and fix the pay of personnel as the
Director considers appropriate.
(2) Applicability of certain civil service laws.--The
Director may appoint the personnel of the Commission without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and any
personnel so appointed may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates, except that an individual so appointed may not receive
pay in excess of the annual rate of basic pay for GS-18 of the
General Schedule.
(3) Staff of federal agencies.--Upon request of the
Director, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this Act.
(c) Experts and Consultants.--The Commission may procure by
contract temporary and intermittent services under section 3109(b) of
title 5, United States Code.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent 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 secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairman, the head of that department or agency shall furnish that
information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of the General Services Administration
shall provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to carry
out its responsibilities under this Act.
(f) Contract Authority.--The Commission may contract with and
compensate Government and private agencies or persons for products and
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 7. COST CONTROL REVIEWS.
(a) In General.--In preparation for submitting reports as required
under section 8, the Commission shall conduct, every two years, a
review of cost control in the Federal Government with respect to
improving management and reducing costs.
(b) Agency Studies.--In conducting a review under this section, the
Commission shall conduct in-depth studies of the operations of the
Executive agencies as a basis for evaluating potential improvements in
agency operations.
(c) Recommendations.--In conducting a review under this section,
the Commission shall develop recommendations in the following areas:
(1) Opportunities for increased efficiency and reduced
costs in the Federal Government that can be realized by
Executive action or legislation.
(2) Areas where managerial accountability can be enhanced
and administrative control can be improved.
(3) Opportunities for managerial improvements over both the
short- and long-term.
(4) Specific areas where further study can be justified by
potential savings.
(5) Ways to reduce governmental expenditures and
indebtedness and improve personnel management.
SEC. 8. REPORTS.
(a) Interim Reports.--Not later than 180 days before the date on
which the Commission is required to submit a final report under
subsection (b), the Commission shall submit to Congress and the
President an interim report containing the preliminary results of the
review being conducted under section 7 related to that final report.
(b) Final Reports.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, and every two years thereafter until
the date on which the Commission submits its third final report
under this paragraph, the Commission shall submit to Congress
and the President a final report containing a detailed
statement of the findings and conclusions of the Commission
based on the most recent review conducted under section 7,
together with its recommendations for legislative and
administrative actions, and other matters the Commission
considers appropriate.
(2) Proposed legislation.--The Commission shall include in
a final report submitted under paragraph (1) proposed
legislation in the form of an implementation bill to carry out
recommendations developed under section 7(c).
(3) Limitation.--The Commission may include in a report
submitted under this section proposed legislation under
paragraph (2) only if such proposed legislation is agreed to by
not fewer than five of the members of the Commission.
SEC. 9. CONGRESSIONAL CONSIDERATION OF PROPOSED LEGISLATION.
(a) Introduction; Referral; Report or Discharge.--
(1) Introduction.--On the first calendar day on which both
Houses are in session on or immediately following the date on
which a final report is submitted to Congress under section
8(b), the implementation bill included in such report shall be
introduced (by request)--
(A) in the Senate by the majority leader of the
Senate, for himself and the minority leader of the
Senate, or by Members of the Senate designated by the
majority leader and minority leader of the Senate; and
(B) in the House of Representatives by the majority
leader of the House of Representatives, for himself and
the minority leader of the House of Representatives, or
by Members of the House of Representatives designated
by the majority leader and minority leader of the House
of Representatives.
(2) Referral.--An implementation bill introduced under
paragraph (1) shall be referred to any appropriate committee of
jurisdiction in the Senate and any appropriate committee of
jurisdiction in the House of Representatives. A committee to
which an implementation bill is referred under this paragraph
may report such bill to the respective House, but only without
amendment.
(3) Report or discharge.--If a committee to which an
implementation bill is referred has not reported such bill by
the end of the 15th calendar day after the date of the
introduction of such bill, such committee shall be immediately
discharged from further consideration of such bill, and upon
being reported or discharged from the committee, such bill
shall be placed on the appropriate calendar.
(b) Floor Consideration.--
(1) In general.--When the committee to which an
implementation bill is referred has reported the bill, or has
been discharged from further consideration of the bill under
subsection (a)(3), it is at any time thereafter in order (even
though a previous motion to the same effect has been disagreed
to) for any Member of the respective House to move to proceed
to the consideration of the implementation bill, and all points
of order against the implementation bill (and against
consideration of the implementation bill) are waived. The
motion is highly privileged in the House of Representatives and
is privileged in the Senate and is not debatable. The motion is
not subject to amendment, or to a motion to postpone, or to a
motion to proceed to the consideration of other business. A
motion to reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order. If a motion to proceed
to the consideration of the implementation bill is agreed to,
the implementation bill shall remain the unfinished business of
the respective House until disposed of.
(2) Amendments.--An implementation bill may not be amended
in the Senate or the House of Representatives.
(3) Debate.--Debate on the implementation bill, and on all
debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall be divided
equally between those favoring and those opposing the bill. A
motion further to limit debate is in order and not debatable.
An amendment to, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a motion to
recommit the implementation bill is not in order. A motion to
reconsider the vote by which the implementation bill is agreed
to or disagreed to is not in order.
(4) Vote on final passage.--Immediately following the
conclusion of the debate on an implementation bill, and a
single quorum call at the conclusion of the debate if requested
in accordance with the rules of the appropriate House, the vote
on final passage of the implementation bill shall occur.
(5) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate or the House of Representatives, as the case may
be, to the procedure relating to an implementation bill shall
be decided without debate.
(c) Coordination With Action by Other House.--If, before the
passage by one House of an implementation bill of that House, that
House receives from the other House an implementation bill, then the
following procedures shall apply:
(1) Nonreferral.--The implementation bill of the other
House shall not be referred to a committee.
(2) Vote on bill of other house.--With respect to an
implementation bill of the House receiving the implementation
bill--
(A) the procedure in that House shall be the same
as if no implementation bill had been received from the
other House; but
(B) the vote on final passage shall be on the
implementation bill of the other House.
(d) Rules of the Senate and the House of Representatives.--This
section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of an implementation bill, and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 10. TERMINATION.
The Commission shall terminate on the date that is one day after
the date on which it submits its third final report under section 8(b).
SEC. 11. DEFINITIONS.
In this Act, the following definitions apply:
(1) Calendar day.--The term ``calendar day'' means a
calendar day other than one on which either House is not in
session because of an adjournment of more than 3 days to a date
certain.
(2) Commission.--The term ``Commission'' means the Grace
Commission II established by section 2.
(3) Implementation bill.--The term ``implementation bill''
means only a bill that is introduced as provided under section
9(a), and contains the proposed legislation described in
section 8(b)(2), without modification.
(4) Member.--The term ``member'' means a member of the
Commission appointed under section 4(a)(1). | Spending Control Act of 2010 - Establishes the Grace Commission II to conduct a review of cost control in the federal government every two years with respect to improving management and reducing costs. Directs the Commission to conduct in-depth studies to evaluate potential improvements in the operations of executive agencies and to develop recommendations regarding: (1) opportunities for increased efficiency and reduced costs that can be realized by executive action or legislation; (2) areas where managerial accountability can be enhanced and administrative control can be improved; (3) opportunities for managerial improvements over the short and long terms; (4) specific areas where further study can be justified by potential savings; and (5) ways to reduce governmental expenditures and indebtedness and improve personnel management.
Requires the Commission to submit final reports within 18 months after enactment of this Act and every two years thereafter until it submits its third final report. Requires such reports to contain the Commission's findings, conclusions, and recommendations for legislative and administrative actions and proposed legislation to carry out those recommendations. Sets forth congressional procedures for considering such legislation. | {"src": "billsum_train", "title": "A bill to establish the Grace Commission II to review and make recommendations regarding cost control in the Federal Government, and for other purposes."} | 3,187 | 224 | 0.393867 | 1.06055 | 0.638639 | 4.792271 | 14.487923 | 0.937198 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Section 8 Housing Improvement Act''.
SEC. 2. LIMITATION ON USE OF ASSISTANCE BY AREA.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by inserting after subsection (k) the following new
subsection:
``(l) Limitation on Use of Assistance By Area.--
``(1) Authority.--A public housing agency that makes
assistance available under subsection (b) or (o) of this
section may define an area or areas within the jurisdiction of
the agency and, subject to the provisions of paragraph (2),
limit the number of families that may use such assistance to
rent a dwelling unit within any such area. Such an area may
consist of the entire geographical jurisdiction of the agency
or an area that is smaller than such jurisdiction.
``(2) Required finding.--A public housing agency may limit
the number of families that may use assistance under subsection
(b) or (o) to rent a dwelling unit within an area defined under
paragraph (1) only if the agency determines, and certifies to
the Secretary, that the limitation is necessary--
``(A) to preserve the value of property in such
area;
``(B) to preserve the right of existing residents
of such area to safety and to the quiet enjoyment of
their property; or
``(C) to preserve the unique character and nature
of the area.''.
Any limitation under this subsection for an area may not
restrict the number of families using assistance in such area
by more families than is necessary to accomplish the purpose
under subparagraph (A), (B), or (C) for which the limitation is
established or for any other reason than such purpose.''.
SEC. 3. NEIGHBORHOOD REVIEW COMMITTEES.
(a) In General.--Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended by inserting after subsection (l), as
added by section 2 of this Act, the following new subsection:
``(m) Neighborhood Review Committees.--
``(1) Establishment.--Each public housing agency that
administers tenant-based assistance under subsection (b) or (o)
of this section shall establish and maintain a neighborhood
review committee (in this subsection referred to as the
`committee'). The committee shall consist of not less than 3
and not more than 6 individuals, who shall be appointed by the
public housing agency and shall include not less than 3
individuals who are not, directly or indirectly, recipients of
housing assistance under this section or any other housing
assistance provided by the Federal Government or any State or
local government (not including single family mortgage
insurance provided under title II of the National Housing Act).
The members of the committee shall be residents of the
jurisdiction served by the agency. Members of the committee
shall serve for terms of not more than 2 years and there shall
be no limit to the number of terms that any member may serve.
``(2) Functions.--The committee shall obtain and review
information referred to in paragraphs (3) and (4) for the
purpose of advising the public housing agency regarding
enforcement of laws and regulations governing assistance
provided under the tenant-based rental assistance programs
under this section and assisting the agency to enforce such
laws and regulations.
``(3) Availability of records regarding assisted
families.--Notwithstanding any other provision of Federal or
State law (including any law regarding confidentiality of such
information), the committee for a public housing agency may
obtain any of the following records and information relating to
any member of a household on whose behalf tenant-based assistance under
subsection (b) or (o) of this section is provided and who resides
within the jurisdiction of the agency:
``(A) Criminal conviction, arrest, and activity
records from any law enforcement agency.
``(B) Police reports.
``(C) Juvenile arrest and punishment records.
``(D) References and reports of past or present
lessors.
``(E) Records of civil actions filed against the
member and any related judgments, settlements, or other
dispositions.
``(F) Any other information reasonably related to
the procurement of information described in this
paragraph.
This paragraph shall apply with respect to any member of any
household on whose behalf such tenant-based assistance is
provided after the date of the effectiveness of the regulations
implementing this subsection. A public housing agency shall
provide written notice to each applicant for tenant-based
assistance from the agency of the effect of the provisions of
this paragraph on the applicant's rights to confidentiality of
information described in this paragraph.
``(4) Availability of records regarding landlords.--
Notwithstanding any other provision of Federal or State law
(including any law regarding confidentiality of such
information), the committee for a public housing agency may
obtain any of the following records and information relating to
any owner of a dwelling unit located within the jurisdiction of
the agency for which assistance payments are made under
subsection (b) or (o) of this section:
``(A) Criminal conviction, arrest, and activity
records from any law enforcement agency.
``(B) Police reports.
``(C) Citations, convictions, fines, or judgments
for violations of any laws, regulations, standards, or
codes relating to housing quality or habitability.
``(D) Complaints, grievances, or actions filed by
any current or former tenants, and any records of any
related judgments, settlements, or other dispositions.
``(E) Any other information reasonably related to
the procurement of information described in this
paragraph.
This paragraph shall apply with respect to any owner of an
assisted dwelling unit for which assistance payments are made
after the date of the effectiveness of the regulations
implementing this subsection.
``(5) Penalty.--Any person who obtains or uses information
under this subsection for purposes other than those described
in paragraph (2), or discloses such information in any manner
to any individual not authorized under law to receive such
information, shall be imprisoned not more than one year and
fined not more than $10,000 (and such offense is hereby
exempted from the applicability of the fine provided under
section 3571 of title 18, United States Code), or both.''.
(b) Regulations.--The Secretary of Housing and Urban Development
shall issue any regulations necessary to carry out the amendment made
by subsection (a) not later than the expiration of the 12-month period
beginning on the date of the enactment of this Act, which shall take
effect not later than the expiration of the 90-day period beginning
upon such issuance.
SEC. 4. ENFORCEMENT OF HOUSING QUALITY STANDARDS.
(a) In General.--Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended by adding at the end the following new
subsection:
``(cc) Enforcement of Housing Quality Standards.--Each contract
providing for housing assistance payments for tenant-based assistance
under subsection (b) or (o) shall provide that if a public housing
agency determines that a dwelling unit for which tenant-based
assistance is provided under subsection (b) or (o) fails to comply with
the standards for housing quality for units so assisted or with any
applicable State or local law, regulation, standard, or code relating
to housing quality or habitability, the following action shall be
taken:
``(1) Notification.--The public housing agency shall notify
the Secretary, tenant, and owner of the unit of the
noncompliance and shall notify the tenant and owner of the
action required under this subsection.
``(2) Withholding of assistance.--During the period of the
noncompliance, the agency shall withhold all of the assistance
amounts under this section with respect to the unit and the
Secretary shall withhold any other assistance amounts provided
with respect to the unit under any program administered by the
Secretary. The agency and the Secretary shall promptly release
any withheld amounts to the owner after the owner corrects the
noncompliance. An owner may not terminate the tenancy of any
tenant or refuse to renew a lease for such unit because of the
withholding of assistance pursuant to this paragraph.
``(3) Termination of lease or assistance payments
contract.--If assistance amounts under this section for a
dwelling unit are withheld pursuant to paragraph (2) and the
owner does not correct the noncompliance before the expiration
of the lease for the dwelling unit and such lease is not
renewed, the Secretary shall recapture any such amounts from
the public housing agency.
``(4) Applicability.--This subsection shall apply to any
dwelling unit for which a housing assistance payments contract
is entered into or renewed after the date of the effectiveness
of the regulations implementing this subsection.''.
(b) Regulations.--The Secretary of Housing and Urban Development
shall issue any regulations necessary to carry out the amendment made
by subsection (a) not later than the expiration of the 12-month period
beginning upon the date of the enactment of this Act, which shall take
effect not later than the expiration of the 90-day period beginning
upon such issuance. | Section 8 Housing Improvement Act - Amends the United States Housing Act of 1937 to authorize a public housing agency to limit the number of section 8 assisted rental families in its jurisdiction if the agency determines such restriction is necessary to preserve an area's property values, safety, or unique character.
Requires each agency to establish and maintain a neighborhood review committee which shall: (1) be made up of between three and six agency-area residents, of whom at least three must not be receiving housing assistance other than mortgage assistance; and (2) obtain and review references and certain enforcement-related information respecting assisted families and landlords.
Sets forth section 8 housing quality standards enforcement provisions. | {"src": "billsum_train", "title": "Section 8 Housing Improvement Act"} | 1,981 | 142 | 0.550564 | 1.44658 | 0.621188 | 2.097015 | 14.328358 | 0.843284 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State and Local Reservist First
Responders Assistance Act of 2003''.
SEC. 2. GRANTS TO STATE AND LOCAL GOVERNMENTS AND INDIAN TRIBES FOR
CERTAIN COSTS RELATING TO MOBILIZATION OF RESERVES WHO
ARE FIRST RESPONDER PERSONNEL.
(a) Grants Authorized.--The Secretary of Homeland Security may make
a grant of financial assistance to any State or local government or
Indian tribe in order to reimburse the State or local government or
tribe for costs incurred by the State or local government or tribe as a
result of a call or order to active duty of one or more Reserves who
are first responder personnel of the State or local government or tribe
if the call or order to duty is issued under the authority of a
provision of law referred to in section 101(a)(13)(B) of title 10,
United States Code.
(b) First Responder Personnel.--For purposes of this section, the
term ``first responder personnel''--
(1) means police, fire, rescue, emergency medical service,
and emergency hazardous material disposal personnel; and
(2) includes such other personnel as the Secretary may
specify in regulations prescribed under this section.
(c) Covered Costs.--(1) The costs that may be reimbursed by a grant
under subsection (a) to a State or local government or Indian tribe in
connection with a call or order of first responder personnel of the
State or local government or tribe to active duty are any costs
incurred by the State or local government or tribe as follows:
(A) Costs (including salary and benefits) of hiring first
responder personnel to replace the first responder personnel
called or ordered to active duty.
(B) Costs of overtime pay for other first responder
personnel of the State or local government or tribe.
(C) Any other costs that the Secretary specifies in
regulations prescribed under this section.
(2) Costs of a State or local government or tribe may be reimbursed
by a grant under subsection (a) only if the State or local government
or tribe would not have incurred such costs but for the absence of
first responder personnel pursuant to a call or order to active duty
described in that subsection.
(3) In seeking reimbursement for costs under subsection (a), a
State or local government or tribe shall deduct from the costs for
which reimbursement is sought the amounts, if any, saved by the State
or local government or tribe by reason of the absence of first
responder personnel for active duty pursuant to a call or order to
active duty described in that subsection.
(d) Period Covered by Grant.--(1) Except as provided in paragraph
(2), a grant under subsection (a) shall reimburse a State or local
government or Indian tribe for costs incurred by the State or local
government or tribe during the year preceding the year of the
application for the grant under subsection (f).
(2) If the active duty of a particular Reserve during a year is
insufficient to meet the duty requirement in subsection (e) for such
year, but when combined with active duty in the succeeding year is
sufficient to meet the duty requirement for such succeeding year, a
grant under subsection (a) for such succeeding year shall also
reimburse the State or local government or tribe for costs incurred in
connection with the active duty of the Reserve during such year.
(e) Minimum Period of Duty for Reimbursement.--(1) Costs may be
reimbursed by a grant under subsection (a) with respect to a particular
Reserve only if the Reserve serves six or more consecutive months on
active duty pursuant to a call or order to active duty issued under the
authority of a provision of law referred to in subsection (a) at any
time during the two calendar years preceding the application for the
grant under subsection (f).
(2) If a particular Reserve meets the duty requirement in paragraph
(1) for a grant under subsection (a) for a year, costs reimbursable by
the grant shall include any costs in connection with the active duty of
the Reserve described in that paragraph during such year.
(f) Minimum Grant Allocation.--If in any fiscal year the total
amount authorized to be appropriated by subsection (j) for grants under
subsection (a) is less than the amount of grants that could otherwise
be made under subsection (a) in such fiscal year, the aggregate amount
available for grants under subsection (a) in such fiscal year for each
State (including grants to such State and local governments and Indian
tribes in such State) shall be not less than the amount equal to 0.75
percent of the amount authorized to be appropriated by subsection (j)
for grants under subsection (a) in such fiscal year, except that the
aggregate amount available for grants under subsection (a) in such
fiscal year for each of the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands shall be not less than
the amount equal to 0.25 percent of the amount authorized to be
appropriated by subsection (j) for grants under subsection (a) in such
fiscal year.
(g) Application.--(1) A State or local government or Indian tribe
seeking a grant under subsection (a) shall submit to the Secretary an
application therefor in such form, and containing such information, as
the Secretary shall prescribe in the regulations under this section.
(2) An application for a grant under subsection (a) for a year
shall be submitted not later than February 15 of the following year.
(h) Regulations.--The Secretary shall prescribe regulations for
purposes of the administration of this section.
(i) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(j) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Homeland Security such sums as may
be necessary to carry out this section. | State and Local Reservist First Responders Assistance Act of 2003 - Authorizes the Secretary of Homeland Security to make grants to reimburse any State, local government, or Indian tribe for costs incurred as a result of a call or order to active duty of armed forces reserves who are first responder personnel, including: (1) costs of hiring first responder personnel to replace such reserves; and (2) overtime pay costs for other first responder personnel.Permits: (1) reimbursement only if the State, local government, or tribe would not have incurred such costs but for the absence of first responder personnel; (2) costs to be reimbursed only for a reserve who serves at least six consecutive months on active duty at any time during the two years preceding the application for the grant; and (3) reimbursable costs to include any costs in connection with such reserve's active duty. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Homeland Security to make grants to reimburse State and local governments and Indian tribes for certain costs relating to the mobilization of Reserves who are first responder personnel of such governments or tribes."} | 1,327 | 187 | 0.730433 | 2.100073 | 0.997086 | 4.071006 | 7.331361 | 0.95858 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buddy System Computer Education
Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to award demonstration grants to
develop and expand public-private partnership programs which extend the
learning experience, via computers, beyond the classroom environment in
order to--
(1) enhance learning by providing students with the
technological tools and guidance necessary to develop skills
critical to educational growth and success in the workplace,
including--
(A) mastery of fundamental computer technology and
applications;
(B) improved written and visual communication
skills;
(C) improved critical thinking and problem solving
abilities; and
(D) improved ability to work in a collaborative,
teamwork-driven environment;
(2) encourage parental involvement in education and total
family use and understanding of computers and
telecommunications through at-home applications; and
(3) established foundations for life-long learning through
improvement in education skills and student motivation and
attitudes.
SEC. 3. GRANT AUTHORIZATION.
(a) Grant Program.--
(1) In general.--The Secretary shall conduct a program of
awarding a grant to each of 3 States to enable such States to
create a computer-based education project in accordance with
the requirements of section 4 for children--(A) grades 4-6; and
or (B) middle or junior high school.
(2) Award basis.--The Secretary shall award grants under
this Act on a competitive basis.
(3) Preference.--In awarding grants under this Act, the
Secretary shall give preference to applications--
(A) from States that have a demonstrated ability or
commitment to computer-based technology education; and
(B) describing projects that serve school districts
which serve a large number or percentage of
economically disadvantaged students.
(b) Site Selection and Project Implementation.--Site selection and
implementation of the computer-based education projects assisted under
this Act shall take place not later than 9 months after the date of the
enactment of this Act.
SEC. 4. PROGRAM REQUIREMENTS.
Each State receiving a grant to conduct a computer-based education
project under this Act shall--
(1) provide a continuous 4-year computer-based education
project to--(A) consecutive groups of 4th, 5th, and 6th (if
applicable) grade school students during the period commencing
with each such group's entry into 4th grade and ending the
summer following each such group's completion of elementary
school; and or (B) consecutive groups of middle or junior high
school students during the period commencing with each such
group's entry into the 1st grade taught at such middle or
junior high school and ending the summer following each such
groups completion of the last grade taugtht at such middle or
junior high school.
(2) ensure that each student in each of the classes
participating in the project shall participate in the project;
(3) conduct such project in not more than 7 public schools
within the State; and
(4) ensure that each student participating in the project
shall have access to a computer--
(A) at school during the school year; and
(B) at home during the school year and summer.
SEC. 5. APPLICATIONS.
(a) Application Required.--In order to receive a grant under this
Act, the chief State school officer of a State shall submit an
application to the Secretary in such form and containing such
information as the Secretary may reasonably require. Such application
shall include an assurance from the State educational agency that the
State educational agency has made every effort to match on a dollar-
for-dollar basis from private or public sources the funds received
under this Act, except that no such application shall be penalized or
denied assistance under this Act on the basis of the failure to provide
such matching funds.
(b) Application Period.--States shall be eligible to submit
applications for assistance under this Act during a 3-month period
determined by the Secretary.
SEC. 6. ALLOCATION OF FUNDS.
Grant funds under this Act shall be used to provide hardware and
software components to all sites, and training for classroom teachers
as well as parents, administrators and technical personnel.
SEC. 7. EVALUATION.
The Secretary shall evaluate the demonstration program assisted
under this Act and shall report to the Congress regarding the overall
effectiveness of such program.
SEC. 8. DEFINITIONS.
For the purpose 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, and American Samoa.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $4,000,000 for fiscal year
1994, $7,000,000 for fiscal year 1995, $5,500,000 for fiscal year 1996,
and $3,500,000 for fiscal year 1997 to carry out this Act. | Buddy System Computer Education Act - Directs the Secretary of Education to award a competitive grant to each of three States to create a computer-based education project for children in grades six through eight.
Gives preference to applications: (1) from States with demonstrated ability or commitment to computer-based technology education; and (2) describing projects serving school districts serving a large number or percentage of economically disadvantaged students.
Requires such projects to: (1) be provided in a continuous four-year form to consecutive groups of students at the applicable grade levels; (2) be conducted in not more than seven public schools within the State; and (3) ensure each student in such classes participates and has access to a computer at school during the school year and at home during the school year and summer. Requires the use of grant funds to provide: (1) hardware and software components to all sites; and (2) training for classroom teachers as well as parents, administrators, and technical personnel.
Authorizes appropriations. | {"src": "billsum_train", "title": "Buddy System Computer Education Act"} | 1,034 | 206 | 0.647122 | 1.843714 | 0.97769 | 3.234146 | 4.892683 | 0.882927 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Audio Broadcast Flag Licensing Act
of 2006''.
SEC. 2. LICENSING OF DEVICES FOR OVER-THE-AIR AND SATELLITE DIGITAL
AUDIO BROADCASTING.
Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end the following new section:
``SEC. 342. GRANT OF LIMITED AUTHORITY REGARDING THE LICENSING OF
DEVICES FOR OVER-THE-AIR AND SATELLITE DIGITAL AUDIO
BROADCASTING.
``(a) Grant of Authority.--The Commission has authority--
``(1) to require and enforce, subject to subsections (b)
and (c), in conjunction with the in-band, on-channel technical
standard for digital audio broadcast transmissions under
consideration in MM Docket No. 99-235, or any successor
regulations, that--
``(A) all technologies necessary to make
transmission and reception devices compliant with such
technical standard are licensed on reasonable and
nondiscriminatory terms;
``(B) such licenses shall include prohibitions
against unauthorized copying and redistribution of
transmitted content through the use of a broadcast flag
or similar technology, in a manner generally consistent
with the purposes of other applicable law; and
``(C) licensees of the Commission providing digital
audio broadcast service shall give effect to and comply
with such prohibitions; and
``(2) to require and enforce, subject to subsections (b)
and (c), as part of its regulation of satellite digital audio
radio services (SDARS) pursuant to part 25 of the Commission
rules, or any successor regulations, that--
``(A) all technologies necessary to make
transmission and reception devices capable of receiving
satellite digital audio radio transmissions are
licensed on reasonable and nondiscriminatory terms;
``(B) such licenses shall include prohibitions
against unauthorized copying and redistribution of
transmitted content through the use of a broadcast flag
or similar technology, in a manner generally consistent
with the purposes of other applicable law; and
``(C) licensees of the Commission providing
satellite digital audio radio services shall give
effect to and comply with such prohibitions.
``(b) Disclosure.--Any rules and regulations promulgated pursuant
to subsection (a) that apply to the use of transmissions, or content
therein, shall require the full disclosure of any information required
to enable the manufacture of compliant devices.
``(c) Limitations on Regulations.--The adoption of any digital
audio regulations pursuant to this section--
``(1) shall not delay the adoption of final operational
rules for digital audio broadcasting;
``(2) shall not make obsolete any devices already
manufactured and distributed in the marketplace before the
implementation of such regulations; and
``(3) shall not be inconsistent with the customary use of
broadcast content by consumers to the extent such use is
consistent with the purposes of this act and other applicable
law.
``(d) Revisions Permitted.--The Commission may reconsider, amend,
repeal, supplement, and otherwise modify, in whole or in part, any
regulations adopted pursuant to subsection (a) in order to further the
purposes of this section, except that any change in such regulations
shall employ a broadcast flag or similar technology as the means to
achieve those purposes.
``(e) Activities of Performing Rights and Mechanical Rights
Organizations.--Nothing shall preclude or prevent a performing rights
organization or a mechanical rights organization, or any entity owned
in whole or in part by, or acting on behalf of, such organizations,
from monitoring public performances or other uses of copyrighted works
contained in such transmissions. The Commission may require that any
such organization or entity be given a license on either a gratuitous
basis or for a de minimus fee to cover only the reasonable costs to the
licensor of providing the license, and on reasonable, non-
discriminatory terms, to access and retransmit as necessary any content
contained in such transmissions protected by content protection or
similar technologies, provided that such licenses are for purposes of
carrying out the activities of such organizations or entities in
monitoring the public performance or other uses of copyrighted works
and that such organizations or entities employ reasonable methods to
protect any such content accessed from further distribution.''. | Audio Broadcast Flag Licensing Act of 2006 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to require and enforce, in conjunction with the in-band, on-channel technical standard for digital audio broadcast transmissions under consideration, that: (1) all technologies necessary to make transmission and reception devices compliant with such standard are licensed on reasonable and nondiscriminatory terms; (2) such licenses include prohibitions against unauthorized copying and redistribution of transmitted content through the use of a broadcast flag or similar technology; and (3) FCC licensees providing digital audio broadcast service comply with such prohibitions. Mandates the same requirements with respect to FCC regulation of satellite digital audio radio services (SDARS) pursuant to FCC rules. Provides limitations with respect to the adoption of any digital audio regulations. | {"src": "billsum_train", "title": "To authorize the Federal Communications Commission to impose licensing conditions on digital audio radio to protect against the unauthorized distribution of transmitted content."} | 976 | 181 | 0.699531 | 1.786165 | 0.846495 | 4.718954 | 5.764706 | 0.915033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Travel and Counterterrorism
Partnership Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the United States should expand
the visa waiver program to extend visa-free travel privileges to
nationals of foreign countries that are allies in the war on terrorism
as that expansion will--
(1) enhance bilateral cooperation on critical
counterterrorism and information sharing initiatives;
(2) support and expand tourism and business opportunities
to enhance long-term economic competitiveness; and
(3) strengthen bilateral relationships.
SEC. 3. VISA WAIVER PROGRAM EXPANSION.
Section 217(c) of the Immigration and Nationality Act (8 U.S.C.
1187(c)) is amended by adding at the end the following:
``(8) Probationary participation of program countries.--
``(A) Requirement to establish.--Notwithstanding
any other provision of this section and not later than
1 year after the date of the enactment of the Secure
Travel and Counterterrorism Partnership Act, the
Secretary of Homeland Security, in consultation with
the Secretary of State, shall establish a pilot program
to permit not more than 5 foreign countries that are
not designated as program countries under paragraph (1)
to participate in the program.
``(B) Designation as a probationary program
country.--A foreign country is eligible to participate
in the program under this paragraph if--
``(i) the Secretary of Homeland Security
determines that such participation will not
compromise the security or law enforcement
interests of the United States;
``(ii) that country is close to meeting all
the requirements of paragraph (2) and other
requirements for designation as a program
country under this section and has developed a
feasible strategic plan to meet all such
requirements not later than 3 years after the
date the country begins participation in the
program under this paragraph;
``(iii) that country meets all the
requirements that the Secretary determines are
appropriate to ensure the security and
integrity of travel documents, including
requirements to issue electronic passports that
include biometric information and to promptly
report lost, stolen, or fraudulent passports to
the Government of the United States;
``(iv) that country cooperated with the
Government of the United States on
counterterrorism initiatives and information
sharing before the date of the enactment of
this paragraph; and
``(v) that country has entered into an
agreement with the Government of the United
States by which that country agrees to further
advance United States security interests by
implementing such additional counterterrorism
cooperation and information sharing measures as
may be requested by the Secretary of Homeland
Security, in consultation with the Secretary of
State.
``(C) Considerations for country selection.--
``(i) Visa refusal rates.--The Secretary of
Homeland Security may consider the rate of
refusals of nonimmigrant visitor visas for
nationals of a foreign country in determining
whether to permit that country to participate
in the program under this paragraph but may not
refuse to permit that country to participate in
the program under this paragraph solely on the
basis of such rate unless the Secretary
determines that such rate is a security concern
to the United States.
``(ii) Overstay rates.--The Secretary of
Homeland Security may consider the rate at
which nationals of a foreign country violate
the terms of their visas by remaining in the
United States after the expiration of such a
visa in determining whether to permit that
country to participate in the program under
this paragraph.
``(D) Term of participation.--
``(i) Initial probationary term.--A foreign
country may participate in the program under
this paragraph for an initial term of 3 years.
``(ii) Extension of participation.--The
Secretary of Homeland Security, in consultation
with the Secretary of State, may permit a
country to participate in the program under
this paragraph after the expiration of the
initial term described in clause (i) for 1
additional period of not more than 2 years if
that country--
``(I) has demonstrated significant
progress toward meeting the
requirements of paragraph (2) and all
other requirements for designation as a
program country under this section;
``(II) has submitted a plan for
meeting the requirements of paragraph
(2) and all other requirements for
designation as a program country under
this section; and
``(III) continues to be determined
not to compromise the security or law
enforcement interests of the United
States.
``(iii) Termination of participation.--The
Secretary of Homeland Security may terminate
the participation of a country in the program
under this paragraph at any time if the
Secretary, in consultation with the Secretary
of State, determines that the country--
``(I) is not in compliance with the
requirements of this paragraph; or
``(II) is not able to demonstrate
significant and quantifiable progress,
on an annual basis, toward meeting the
requirements of paragraph (2) and all
other requirements for designation as a
program country under this section.
``(E) Technical assistance.--The Secretary of
Homeland Security, in consultation with the Secretary
of State, shall provide technical guidance to a country
that participates in the program under this paragraph
to assist that country in meeting the requirements of
paragraph (2) and all other requirements for
designation as a program country under this section.
``(F) Reporting requirements.--
``(i) Annual report.--The Secretary of
Homeland Security, in consultation with the
Secretary of State, shall submit to Congress an
annual report on the implementation of this
paragraph.
``(ii) Final assessment.--Not later than 30
days after the date that the foreign country's
participation in the program under this
paragraph terminates, the Secretary of Homeland
Security, in consultation with the Secretary of
State, shall submit a final assessment to
Congress regarding the implementation of this
paragraph. Such final assessment shall contain
the recommendations of the Secretary of
Homeland Security and the Secretary of State
regarding permitting additional foreign
countries to participate in the program under
this paragraph.''.
SEC. 4. CALCULATION OF THE RATES OF VISA OVERSTAYS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Homeland Security shall develop and implement
procedures to improve the manner in which the rates of nonimmigrants
who violate the terms of their visas by remaining in the United States
after the expiration of such a visa are calculated.
SEC. 5. REPORTS.
(a) Visa Fees.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall review the fee structure for visas issued by the United States
and submit to Congress a report on that structure, including any
recommendations of the Comptroller General for improvements to that
structure.
(b) Secure Travel Standards.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland Security, in
conjunction with the Secretary of State, shall submit a report to
Congress that describes plans for enhancing secure travel standards for
existing visa waiver program countries, including the feasibility of
instituting an electronic authorization travel system, additional
passenger information exchanges, and enhanced airport security
standards.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2007 through 2013 to carry out
this Act and the amendment made by this Act. | Secure Travel and Counterterrorism Partnership Act - Expresses the sense of Congress that the United States should expand the visa waiver program to nationals of foreign countries that are allies in the war on terrorism.
Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish a pilot program to expand the visa waiver program for up to five new countries that are are cooperating with the United States on security and counterterrorism matters.
Requires a country, prior to participation, to conclude a counterterrorism and security information sharing agreement with the United States.
Authorizes: (1) a country to participate for an initial three-year period, with an additional two-year extension; and (2) the Secretary to terminate a country's participation for program noncompliance.
Directs the Secretary to develop and implement procedures to improve the manner of calculating visa overstay rates. | {"src": "billsum_train", "title": "A bill to expand visa waiver program to countries on a probationary basis and for other purposes."} | 1,610 | 188 | 0.646382 | 1.875131 | 0.782042 | 3.418182 | 9.4 | 0.89697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Browns Canyon Wilderness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
the National Forest System land designated as
wilderness by section 3(a)(1)(A); and
(B) the Secretary of the Interior, with respect to
the land in the Royal Gorge Resource Area of the Bureau
of Land Management designated as wilderness by section
3(a)(1)(B).
(2) State.--The term ``State'' means the State of Colorado.
(3) Wilderness area.--The term ``wilderness area'' means
the Browns Canyon Wilderness designated by section 3(a)(1).
(4) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Browns Canyon Proposed Wilderness'' and dated
May 20, 2008.
SEC. 3. DESIGNATION OF BROWNS CANYON WILDERNESS, PIKE AND SAN ISABEL
NATIONAL FORESTS AND ROYAL GORGE RESOURCE AREA, COLORADO.
(a) Designation.--
(1) In general.--In furtherance of the Wilderness Act (16
U.S.C. 1131 et seq.), the following land in the State is
designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as ``Browns Canyon
Wilderness'':
(A) Certain land in the Pike and San Isabel
National Forests, comprising approximately 12,104
acres, as generally depicted on the wilderness map.
(B) Certain land in the Royal Gorge Resource Area,
comprising approximately 7,921 acres, as generally
depicted on the wilderness map.
(2) Wilderness map and legal description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary of
Agriculture and the Secretary of the Interior shall
file a legal description of the wilderness area with
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(B) Force and effect.--The wilderness map and legal
description shall have the same force and effect as if
included in this Act, except that the Secretary
concerned may correct clerical and typographical errors
in the wilderness map and legal description.
(C) Public availability.--The wilderness map shall
be on file and available for public inspection in
appropriate offices of the Bureau of Land Management
and the Forest Service.
(b) Administration of Wilderness Area.--Subject to valid existing
rights, the Secretary concerned shall manage the wilderness area in
accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in the Wilderness Act to the effective
date of the Wilderness Act shall be considered to be a reference to the
date of enactment of this Act.
(c) Grazing.--The grazing of livestock and the maintenance of
facilities related to grazing in the wilderness area, if established
before the date of enactment of this Act, shall be permitted to
continue in accordance with section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)), as further interpreted by section 108 of Public Law
96-560 (16 U.S.C. 1133 note), and the guidelines set forth in appendix
A of the report of the Committee on Interior and Insular Affairs of the
House of Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(d) State Jurisdiction.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects the
jurisdiction or responsibilities of the State with respect to wildlife
and fish in the State.
(e) Incorporation of Acquired Land and Interests.--Any land
acquired by the United States that is immediately adjacent to the
boundary of the wilderness area and that the Secretary concerned
determines is suitable for inclusion within the National Wilderness
Preservation System shall become part of the wilderness area.
(f) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as wilderness by this Act
is--
(i) arid in nature;
(ii) generally not suitable for--
(I) the development of new water
resource facilities; or
(II) the expansion of existing
water resource facilities; and
(iii) located at or near the headwaters of
streams on land with respect to which there are
no or limited--
(I) actual or proposed water
resource facilities located upstream;
or
(II) opportunities for diversion,
storage, or other uses of water
occurring outside the land;
(B) the boundaries of the land designated as
wilderness by this Act are drawn in a manner that
specifically precludes any conflict with the existing
or future management and use of the water of the
Arkansas River in the State; and
(C) because of the nature of the land designated as
wilderness by this Act, it is possible to provide for
proper management and protection of the wilderness and
other values of the land in ways different from those
used in other laws.
(2) Limitation on new water resource facilities.--
(A) Definition of water resource facility.--In this
paragraph, the term ``water resource facility'' means
an irrigation or pumping facility, reservoir, water
conservation work, aqueduct, canal, ditch, pipeline,
well, hydropower project, transmission or other
ancillary facility, or any other water diversion,
storage, or carriage structure.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this Act, on or after
the date of enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any
new water resource facility within the wilderness area.
(C) Effect of paragraph.--Nothing in this paragraph
affects or limits the use, operation, maintenance,
repair, modification, or replacement of a water
resource facility that is--
(i) located within the boundaries of the
wilderness area; and
(ii) in existence on the date of enactment
of this Act.
(3) Effect on water rights.--Nothing in this Act--
(A) affects any vested absolute or decreed
conditional water rights (including any water rights
held by the United States) in existence on the date of
enactment of this Act;
(B) establishes a precedent with regard to any
future wilderness designations; or
(C) limits, alters, or amends any interstate
compact or equitable apportionment decree that
apportions water among and between the State and other
States.
(g) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the wilderness area is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing or mineral materials.
(h) Fire, Insect, and Disease Management Activities.--
(1) Control and prevention activities.--The Secretary
concerned may undertake such measures in the wilderness area as
are necessary for the control and prevention of fire, insects,
and diseases, in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and the report of the
Committee on Interior and Insular Affairs of the House of
Representatives to accompany H.R. 1437 of the 98th Congress (H.
Rept. 98-40).
(2) Review.--Not later than 1 year after the date of
enactment of this Act, the Secretary concerned shall review
existing policies applicable to the wilderness area to ensure
that authorized approval procedures for any fire management
measures allow a timely and efficient response to fire
emergencies in the wilderness area.
(i) Buffer Zones.--
(1) In general.--Nothing in this Act creates or implies the
creation of protective perimeters or buffer zones around the
wilderness area.
(2) Activities outside wilderness area.--The fact that an
activity in, or use of, non-wilderness areas can be seen or
heard from within the wilderness area shall not preclude the
activity or use as a result of this Act. | Browns Canyon Wilderness Act - Designates certain lands in the Pike and San Isabel National Forests and certain lands in the Royal Gorge Resource Area of the Bureau of Land Management in Colorado as wilderness and as a component of the National Wilderness Preservation System to be known as Browns Canyon Wilderness. | {"src": "billsum_train", "title": "A bill to designate certain National Forest System land in the Pike and San Isabel National Forests and certain land in the Royal Gorge Resource Area of the Bureau of Land Management in the State of Colorado as wilderness, and for other purposes."} | 1,923 | 70 | 0.647274 | 1.519648 | 0.818069 | 5.132075 | 31.490566 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Treatment for HIV Act of
2001''.
SEC. 2. OPTIONAL MEDICAID COVERAGE OF LOW-INCOME HIV-INFECTED
INDIVIDUALS.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a), as amended by section 2(a) of the Breast and Cervical Cancer
Prevention and Treatment Act of 2000 (Public Law 106-354; 114 Stat.
1381) and section 702(b) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (as enacted into law by section
1(a)(6) of Public Law 106-554), is amended--
(1) in subsection (a)(10)(A)(ii)--
(A) by striking ``or'' at the end of subclause
(XVII);
(B) by adding ``or'' at the end of subclause
(XVIII); and
(C) by adding at the end the following new
subclause:
``(XIX) who are described in
subsection (cc) (relating to HIV-
infected individuals);''; and
(2) by adding at the end the following new subsection:
``(cc) HIV-infected individuals described in this subsection are
individuals--
``(1) who have HIV infection;
``(2) whose income (as determined under the State plan
under this title with respect to disabled individuals) does not
exceed an amount (if any) specified by the State that is not
less than the higher of (A) the maximum amount of income a
disabled individual described in subsection (a)(10)(A)(i) may
have and obtain medical assistance under the plan, or (B) in
the case of a State that provides State supplementary payments,
the maximum amount of income that an individual in the State
may have and be eligible for such a State supplementary
payment; and
``(3) whose resources (as determined under the State plan
under this title with respect to disabled individuals) do not
exceed the maximum amount of resources a disabled individual
described in subsection (a)(10)(A)(i) may have and obtain
medical assistance under the plan.''.
(b) Application of Presumptive Eligibility.--Title XIX of the
Social Security Act is amended by inserting after section 1920B the
following:
``presumptive eligibility for low-income individuals infected with hiv
``Sec. 1920C. (a) State Option.--A State plan approved under
section 1902 may provide for making medical assistance available to an
individual described in section 1902(cc) (relating to low-income
individuals infected with HIV) during a presumptive eligibility period.
``(b) Application of Same Rules.--The provisions of subsections (b)
through (d) of section 1920B shall apply to individuals described in
subsection (a) and section 1902(cc) in the same manner as they apply to
individuals described in section 1920B(a) and section 1902(aa),
respectively.''.
(c) Exemption From Funding Limitation for Territories.--Section
1108(g) of such Act (42 U.S.C. 1308(g)) is amended by adding at the end
the following new paragraph:
``(3) Disregarding medical assistance for optional low-
income hiv-infected individuals.--The limitations under
subsection (f) and the previous provisions of this subsection
shall not apply to amounts expended for medical assistance for
individuals described in section 1902(cc) who are only eligible
for such assistance on the basis of section
1902(a)(10)(A)(ii)(XIX).''.
(d) Conforming and Technical Amendments.--
(1) Section 1905(a) of such Act (42 U.S.C. 1396d(a)), as
amended by section 2(a)(4) of the Breast and Cervical Cancer
Prevention and Treatment Act of 2000 (Public Law 106-354; 114
Stat. 1381), is amended, in the matter before paragraph (1)--
(A) by striking ``or'' at the end of clause (xi),
(B) by adding ``or'' at the end of clause (xii),
and
(C) by inserting after clause (xiii) the following
new clause:
``(xiv) individuals described in section 1902(cc);''.
(2) Section 1903(f)(4) of the Social Security Act (42
U.S.C. 1396b(f)(4)), as amended by section 710(a) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (113 Stat. 2763A-578), as enacted into
law by section 1(a)(6) of Public Law 106-554, is amended by
inserting ``1902(a)(10)(A)(ii)(XIX),'' after
``1902(a)(10)(A)(ii)(XVIII),''.
(3)(A) Section 1902 of the Social Security Act (42 U.S.C.
1396a), as amended by section 702(b) of the Medicare, Medicaid,
and SCHIP Benefits Improvement and Protection Act of 2000 (113
Stat. 2763A-572), as so enacted into law, is amended by
redesignating the subsection (aa) added by such section as
subsection (bb).
(B) Section 1902(a)(15) of the Social Security Act (42
U.S.C. 1396a(a)(15)), as added by section 702(a)(2) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (113 Stat. 2763A-572), as so enacted
into law, is amended by striking ``subsection (aa)'' and
inserting ``subsection (bb)''.
(C) Section 1915(b) of the Social Security Act (42 U.S.C.
1396n(b)), as amended by section 702(c)(2) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of
2000 (113 Stat. 2763A-572), as so enacted into law, is amended
by striking ``1902(aa)'' and inserting ``1902(bb)''.
(e) Effective Date.--The amendments made by this section shall
apply to calendar quarters beginning on or after the date of the
enactment of this Act, without regard to whether or not final
regulations to carry out such amendments have been promulgated by such
date. | Early Treatment for HIV Act of 2001 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of providing Medicaid coverage for certain low-income HIV-infected individuals. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to permit States the option to provide Medicaid coverage for low-income individuals infected with HIV."} | 1,531 | 48 | 0.549939 | 1.324708 | 0.599496 | 3.315789 | 31.921053 | 0.842105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Railroad Right of Way
Extension Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Freight trains provide an efficient, reliable, all-
weather transportation system that produce less greenhouse gas
emissions and are 70 percent more fuel efficient than trucks
for large loads. The American Association of Railroads reports
that a freight train can carry 457 ton-miles per gallon of
diesel fuel and are substantially more fuel efficient than
other forms of surface transportation.
(2) The Alaska Railroad Act (38 Stat. 305), which was
signed into law on March 12, 1914, authorized the construction
of a 1,000-mile rail line in the Territory of Alaska ``to best
aid in the development of the agricultural and mineral or other
resources of Alaska . . . and so as to provide transportation
of coal for the Army and Navy, transportation of troops, arms,
munitions of war, the mails, and for other governmental and
public purposes''.
(3) The Alaska Railroad, which was constructed between 1915
and 1923, consists of only 467 miles of main line tracks. An
additional 533 miles of tracks could be constructed under the
original authorization.
(4) An 80-mile rail extension between North Pole and Delta
Junction--
(A) would greatly benefit the Department of
Defense, which has large training areas south of the
Tanana River between Fairbanks and Delta Junction;
(B) would provide access to the Joint Pacific Area
Range Complex, which is currently limited to ice roads
during winter;
(C) would enable the United States Army to mobilize
military units to a staging area immediately south of
the Tanana River;
(D) would enable the United States Air Force to
move large freight to the Fort Greely missile intercept
complete located near Delta Junction; and
(E) would facilitate the economical movement of
commercial freight and passenger transportation,
including tourism.
SEC. 3. CONVEYANCE OF LAND IN ALASKA FOR RAILROAD RIGHT OF WAY.
(a) Conveyance Authorized.--The Secretary of the Interior, and such
other Federal officials as may be necessary and appropriate, shall
convey to the Alaska Railroad Corporation (referred to in this section
as the ``Alaska Railroad'') all rights, title, and interests held by
the United States to approximately 950 acres of land located between
North Pole, Alaska, and Delta Junction, Alaska, for the purpose of
constructing a railroad corridor and related support areas and
structures.
(b) Description of Property.--
(1) Determination.--The exact acreage and final route
configuration of the conveyance authorized under subsection (a)
shall be determined pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) process conducted
by the Surface Transportation Board.
(2) Surveys.--The legal description of the real property to
be conveyed under subsection (a) shall be determined by surveys
satisfactory to the Secretary of the Interior. The cost of the
surveys shall be borne by the Alaska Railroad.
(c) Additional Terms and Conditions.--
(1) In general.--The Secretary of the Interior, and such
other Federal officials as may be necessary and appropriate,
may require such additional terms and conditions in connection
with the conveyances described in subsection (a) as may be
appropriate to protect the interests of the United States.
(2) Scope of conveyance.--
(A) In general.--The interest conveyed to the
Alaska Railroad by the United States under subsection
(a) shall be a full title interest, substantially
equivalent to the title interest received by the Alaska
Railroad under the Alaska Railroad Transfer Act of 1982
(45 U.S.C. 1201 et seq.) except as provided in
subparagraph (B).
(B) Exclusive use right-of-way.--If the Secretary
of the Interior, the Alaska Railroad, and such other
Federal officials as may be appropriate concur, the
interest conveyed to the Alaska Railroad in designated
areas shall be an exclusive use right-of-way in
perpetuity, to include the full rail and utility
franchise with reversion to conveyance described in
subparagraph (A) in the event of future Federal
disposition of fee title.
(3) Construction.--The railroad extension shall be
constructed in phases after the Surface Transportation Board
has approved the entire route.
(d) Consideration.--
(1) In general.--The Alaska Railroad, shall, in
consideration for the land conveyed by the United States under
this section--
(A) convey, or cause to be conveyed, exchange
property in accordance with paragraph (3);
(B) pay the purchase price for such real property,
in accordance with paragraph (4); or
(C) pay other consideration as may be negotiated
with the Secretary of Interior and other Federal
officials, as appropriate.
(2) Number of payments.--Conveyance and payment of
consideration may be made through a single payment for the
entire route or through separate payments for each portion of
the route, as selected by the Alaska Railroad.
(3) Replacement property.--If the Alaska Railroad chooses
to provide consideration under paragraph (1)(A), the Alaska
Railroad shall convey or cause to be conveyed, and pay the cost
of conveying, to the United States, fee simple title to land
that the Secretary of the Interior determines to be suitable in
exchange for the property being conveyed to the Alaska
Railroad.
(4) Purchase price.--If the Alaska Railroad chooses to
provide consideration under paragraph (1)(B), the Alaska
Railroad shall pay the United States the fair market value of
the real property conveyed by the United States based on its
highest and best use, as determined by an independent appraisal
commissioned by the Secretary of the Interior and paid for by
the Alaska Railroad.
(5) Appraisal.--In carrying out an appraisal under
paragraph (4)--
(A) the appraisal shall be performed by an
appraiser mutually acceptable to the Secretary of the
Interior and the Alaska Railroad; and
(B) the assumptions, scope of work, and other terms
and conditions related to the appraisal assignment
shall be mutually acceptable to the Secretary of the
Interior and the Alaska Railroad.
(6) Payment terms.--Payment of the appraised value for any
land conveyed to the Alaska Railroad under this section shall
be--
(A) made by the Alaska Railroad to the United
States upon completion of an as-built survey of the
completed construction and receipt by the Alaska
Railroad of formal conveyance; and
(B) without interest or any escalation of the value
due to the passage of time or development of the real
property.
(e) Pre-Conveyance Entry.--The Secretary of the Interior, and other
Federal officials as may be necessary and appropriate, on such terms
and conditions as may be appropriate, may authorize the Alaska Railroad
to enter upon the land to be conveyed to the Alaska Railroad at no
charge for pre-construction and construction activities.
(f) Savings Provision.--Nothing in this section may be construed to
affect the duties, responsibilities, or liability of the Federal
Government under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) concerning any lands
conveyed under this section. | Alaska Railroad Right of Way Extension Act of 2011 - Directs the Secretary of the Interior, and other appropriate federal officials, to convey to the Alaska Railroad Corporation all rights, title, and interests of the United States to certain land located between North Pole, Alaska, and Delta Junction, Alaska, for the purpose of constructing a railroad corridor extension and related support areas and structures.
Requires Surface Transportation Board approval for the phased construction of such extension. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to convey a railroad right of way between North Pole, Alaska, and Delta Junction, Alaska, to the Alaska Railroad Corporation."} | 1,567 | 95 | 0.534042 | 1.491981 | 0.897589 | 5.586207 | 17.091954 | 0.942529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Abuse Reform and Enforcement
Act of 2005'' or ``CARE Act of 2005''.
TITLE I--WITHHOLDING AND REDISTRIBUTION OF CERTAIN STATE CHILD
PROTECTION FUNDS
SEC. 101. WITHHOLDING AND REDISTRIBUTION OF STATE FUNDS.
(a) Child Abuse Prevention and Treatment Act.--Beginning 1 year
after the date of the enactment of this Act, the Secretary of Health
and Human Services shall reduce, by 25 percent, the allocation to a
State for a fiscal year under title I of the Child Abuse Prevention and
Treatment Act that does not meet each of the requirements of title II
of this Act.
(b) National Child Protection Act of 1993.--Beginning 1 year after
the date of the enactment of this Act, the Attorney General shall
reduce, by 25 percent, amounts under a grant under section 4(b) of the
National Child Protection Act of 1993 to a State for a fiscal year that
does not meet each of the requirements of title II of this Act.
(c) Redistribution of Funds.--The Attorney General shall, using
funds withheld under this section and amounts appropriated pursuant to
the authorization of appropriations under section 102, provide grants
to States that meet the requirements of title II of this Act. A grant
made under this subsection shall be used--
(1) for the computerization of data and criminal history
files for purposes of title II of this Act;
(2) for the improvement of existing data and computerized
criminal history files for purposes of title II of this Act;
and
(3) to assist the State in the transmittal of data and
criminal records to, or the indexing of data and criminal
history records in, the national data and criminal history
systems for purposes of title II of this Act.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL FUNDING GRANTS
FOR THE IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.
There are authorized to be appropriated for additional grants under
section 101(c) $50,000,000 for each of the fiscal years 2006 through
2009.
TITLE II--CHILD SEXUAL ABUSE PROTECTION AND SENTENCING REFORM
SEC. 201. REQUIREMENT TO EQUALIZE SENTENCING REQUIREMENTS FOR
INTRAFAMILIAL AND EXTRAFAMILIAL CHILD SEXUAL ABUSE.
(a) State Study of Laws Regarding Intrafamilial and Extrafamilial
Child Sexual Abuse.--A State meets the requirements of this subsection
if, not later than 1 year after the date of enactment of this Act, the
State--
(1) has studied the laws in the State that apply to
intrafamilial and extrafamilial sexual abuse of children; and
(2) has examined, at a minimum--
(A) issues concerning differences in laws
applicable to intrafamilial and extrafamilial child
sexual abuse;
(B) issues concerning disparities in charging and
sentencing perpetrators of child sexual abuse,
resulting from differences in applicable laws; and
(C) issues concerning legislative actions necessary
to equalize charging and sentencing of perpetrators of
sexual abuse without regard to familial relationship of
perpetrator to child victim.
(b) Report to the Attorney General.--A State meets the requirements
of this subsection if the State submits to the Attorney General a
report that contains the results of the study conducted under
subsection (a).
(c) Legislative Actions to Equalize Sentencing Requirements.--
(1) In general.--Except as provided in paragraph (2), a
State meets the requirements of this subsection if, not later
than 1 year after the date of enactment of this Act, the State
has implemented legislative actions necessary to equalize
charging and sentencing of perpetrators of sexual abuse without
regard to familial relationship of perpetrator to child victim.
(2) Exception.--The Attorney General may provide for an
extension of the 1-year time requirement in paragraph (1) for
any State if the Attorney General determines that State
legislation (other than legislation appropriating funds) is
required to meet the additional requirements imposed by this
Act.
SEC. 202. REQUIREMENT TO GATHER INFORMATION ON SEXUAL ABUSE OF
CHILDREN.
A State meets the requirements of this section if the State--
(1) compiles and analyzes data relating to intrafamilial
and extrafamilial sexual abuse of children;
(2) promotes regulations requiring the gathering of such
data by State courts and State agencies for compilation and
analysis purposes;
(3) provides, on an annual basis, to the Attorney General,
the Secretary of Health and Human Services, and the Bureau of
Justice Statistics a report containing the data referred to in
paragraph (1) and a description of the regulations referred to
in paragraph (2). | Child Abuse Reform and Enforcement Act of 2005 - CARE Act of 2005 - Directs the Secretary of Health and Human Services and the Attorney General to reduce by 25 percent certain fiscal year allocations and grant amounts, under the Child Abuse Prevention and Treatment Act and the National Child Protection Act of 1993, respectively, to any state that is not in compliance with requirements of this Act.
Directs the Attorney General to use such withheld amounts and authorized funds under this Act for additional grants to states in compliance to computerize, improve, transmit, and index their own data and criminal history files in the national data and criminal history systems for child sexual abuse protection and sentencing reform.
Requires a state, to be eligible for funding under this Act, to: (1) study its laws pertaining to intrafamilial and extrafamilial sexual abuse of children, and examine issues concerning their differences; (2) examine disparities in charging and sentencing perpetrators of child sexual abuse; (3) examine, and implement, legislative actions necessary to equalize charging and sentencing without regard to familial relationship of perpetrator to child victim; (4) compile, analyze, and report relevant data; and (5) promote regulations requiring its courts and agencies to compile such data. | {"src": "billsum_train", "title": "To promote the improvement of information on, and protections against, child sexual abuse."} | 1,107 | 266 | 0.719997 | 2.073399 | 0.83968 | 2.696203 | 3.881857 | 0.864979 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Same Number Act of 2007''.
SEC. 2. VOICE SERVICE NUMBER PORTABILITY.
(a) In General.--Title VII of the Communications Act of 1934 (47
U.S.C. 601 et seq.) is amended by inserting after section 714 the
following:
``SEC. 715. NUMBER PORTABILITY.
``(a) In General.--A provider of voice services has the duty to
provide, to the extent technically feasible, number portability in
accordance with requirements prescribed by the Commission.
``(b) Standards.--
``(1) In general.--Within 270 days after the date of
enactment of the Same Number Act of 2007, to facilitate
consumer choice among voice service providers the Commission
shall establish number portability performance standards for
voice service providers that, at a minimum--
``(A) require voice service providers to port
numbers in an expeditious and efficient manner that is
technically feasible;
``(B) institute a uniform porting process in which
the porting-out provider may require only the minimum
information necessary to validate the requesting
customer and complete the port;
``(C) prohibit the porting-out provider from
deactivating and removing a number from its switch for
at least forty-eight (48) hours after the scheduled
port request is completed; and
``(D) encourage the reasonable automation of the
porting process.
``(2) Flexibility.--In adopting performance standards under
paragraph (1), the Commission may--
``(A) take into account differences between simple
and complex ports; and
``(B) grant a waiver of such standards for any
provider or class of providers that can show that such
standards would result in unreasonable compliance costs
for that provider or class, except that any such waiver
shall be of limited duration.
``(3) Public access to timeframes.--The Commission shall
make available to the public on its Internet website any
standard timeframes established by the Commission under
paragraph (1).
``(c) Porting Reporting.--
``(1) Providers.--Beginning 1 year after the date on which
the Commission issues a final rule under subsection (b)
establishing number portability performance standards for voice
service providers, a voice service provider shall submit a
report each year to the Commission on its number portability
activity during the preceding 12 months, including a statement
of the number of ports it failed to complete within the time
required by the standards, and an explanation of the reason for
such failures.
``(2) Commission.--Beginning 1 year after the date on which
the Commission issues the final rule under subsection (b), the
Commission shall submit a report each year to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Commerce on
the effectiveness and efficiency of the number portability
performance standards for voice service providers established
under this section.
``(3) Sunset.--The requirements of this subsection shall
cease to apply 60 months after the date on which the Commission
issues such final rule.
``(d) Numbering Administration.--
``(1) Commission authority and jurisdiction.--The
Commission shall designate 1 or more impartial entities to
administer telecommunications and voice service numbering and
to ensure that numbers are available on an equitable basis. The
Commission has exclusive jurisdiction of those portions of the
North American Numbering Plan that pertain to the United
States. Nothing in this subsection precludes the Commission
from delegating to State Commission or other entities all or a
portion of such jurisdiction.
``(2) Costs.--The costs of establishing numbering
administration arrangements and number portability shall be
borne by all voice service providers on a competitively neutral
basis, as determined by the Commission.
``(3) Universal emergency telephone number.--The Commission
and any agency or entity to which the Commission has delegated
authority under section 715(e) shall designate 9-1-1 as the
universal emergency telephone number within the United States
for reporting an emergency to appropriate authorities and
requesting assistance. The designation shall apply to both
wireline and wireless telephone service. In making the
designation, the Commission (and any such agency or entity)
shall provide appropriate transition periods for areas in which
9-1-1 is not in use as an emergency telephone number on the
date of enactment of the Wireless Communications and Public
Safety Act of 1999.
``(e) Voice Service Defined.--In this section, the term `voice
service' means--
``(1) a telecommunications service; or
``(2) any service that is not a telecommunications service,
but that otherwise is an IP-enabled voice service as defined in
section 9.3 of the Commission's regulations (47 C.F.R. 9.3), as
those regulations may be amended by the Commission from time to
time.''.
(b) Conforming Amendments.--Section 251 of the Communications Act
of 1934 (47 U.S.C. 251) is amended--
(1) by striking subsection (b)(2) and redesignating
paragraphs (3), (4), and (5) of subsection (b) as paragraphs
(2), (3), and (4), respectively; and
(2) by striking subsection (e) and redesignating
subsections (f), (g), (h), and (i) as subsections (e), (f),
(g), and (h), respectively. | Same Number Act of 2007 - Amends the Communications Act of 1934 to declare that a provider of voice services (a telecommunications service or an IP-enabled voice service) has the duty to provide number portability to the extent technically feasible.
Requires that the costs of establishing numbering administration arrangements and number portability be borne by all voice service providers on a competitively neutral basis.
Requires designation of 9-1-1 as the universal emergency telephone number within the United States for both wireline and wireless telephone service. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to facilitate number portability in order to increase consumer choice of voice service provider."} | 1,188 | 118 | 0.562619 | 1.528088 | 0.593874 | 4.77551 | 11.459184 | 0.959184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grey Towers National Historic Site
Act of 2004''.
SEC. 2. FINDINGS; PURPOSES; DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) James and Mary Pinchot constructed a home and estate
that is known as Grey Towers in Milford, Pennsylvania.
(2) James and Mary Pinchot were also the progenitors of a
family of notable accomplishment in the history of the
Commonwealth of Pennsylvania and the Nation, in particular,
their son, Gifford Pinchot.
(3) Gifford Pinchot was the first Chief of the Forest
Service, a major influence in formulating and implementing
forest conservation policies in the early 20th Century, and
twice Governor of Pennsylvania.
(4) During the early 20th century, James and Gifford
Pinchot used Grey Towers and the environs to establish
scientific forestry, to develop conservation leaders, and to
formulate conservation principles, thus making this site one of
the primary birthplaces of the American conservation movement.
(5) In 1963, Gifford Bryce Pinchot, the son of Gifford and
Cornelia Pinchot, donated Grey Towers and 102 acres to the
Nation.
(6) In 1963, President John F. Kennedy dedicated the
Pinchot Institute for Conservation ``for the greater knowledge
of land and its uses'' at Grey Towers National Historic
Landmark, thereby establishing a partnership between the public
and private sectors.
(7) Grey Towers today is a place of historical significance
where leaders in natural resource conservation meet, study, and
share ideas, analyses, values, and philosophies, and is also a
place where the public can learn and appreciate our
conservation heritage.
(8) As established by President Kennedy, the Pinchot
Institute for Conservation, and the Forest Service at Grey
Towers operate through an established partnership in developing
and delivering programs that carry on Gifford Pinchot's
conservation legacy.
(9) Grey Towers and associated structures in and around
Milford, Pennsylvania, can serve to enhance regional
recreational and educational opportunities.
(b) Purposes.--The purposes of this Act are as follows:
(1) To honor and perpetuate the memory of Gifford Pinchot.
(2) To promote the recreational and educational resources
of Milford, Pennsylvania, and its environs.
(3) To authorize the Secretary of Agriculture--
(A) to further the scientific, policy analysis,
educational, and cultural programs in natural resource
conservation at Grey Towers;
(B) to manage the property and environs more
efficiently and effectively; and
(C) to further collaborative ties with the Pinchot
Institute for Conservation, and other Federal, State,
and local agencies with shared interests.
(c) Definitions.--For the purposes of this Act:
(1) Associated properties.--The term ``Associated
Properties'' means lands and improvements outside of the Grey
Towers National Historic Landmark within Pike County,
Pennsylvania, and which were associated with James and Mary
Pinchot, the Yale School of Forestry, or the Forest Service.
(2) Grey towers.--The term ``Grey Towers'' means the
buildings and surrounding area of approximately 303 acres,
including the 102 acres donated in 1963 to the United States
and so designated that year.
(3) Historic site.--The term ``Historic Site'' means the
Grey Towers National Historic Site, as so designated by this
Act.
(4) Pinchot institute.--The term ``Pinchot Institute''
means the Pinchot Institute for Conservation, a nonprofit
corporation established under the laws of the District of
Columbia.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. DESIGNATION OF NATIONAL HISTORIC SITE.
Subject to valid existing rights, all lands and improvements
formerly encompassed within the Grey Towers National Historic Landmark
are designated as the ``Grey Towers National Historic Site''.
SEC. 4. ADMINISTRATION.
(a) Purposes.--The Historic Site shall be administered for the
following purposes:
(1) Education, public demonstration projects, and research
related to natural resource conservation, protection,
management, and use.
(2) Leadership development within the natural resource
professions and the Federal civil service.
(3) Continuing Gifford Pinchot's legacy through pursuit of
new ideas, strategies, and solutions to natural resource issues
that include economic, ecological, and social values.
(4) Preservation, use, and maintenance of the buildings,
grounds, facilities, and archives associated with Gifford
Pinchot.
(5) Study and interpretation of the life and works of
Gifford Pinchot.
(6) Public recreation and enjoyment.
(7) Protection and enjoyment of the scenic and natural
environs.
(b) Applicable Laws.--The Secretary shall administer federally
owned lands and interests in lands at the Historic Site and Associated
Properties as components of the National Forest System in accordance
with this Act, 16 U.S.C. 461 et seq. and other laws generally
applicable to the administration of national historic sites, and the
laws, rules, and regulations applicable to the National Forest System,
except that the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1600, et seq.) shall not apply.
(c) Land Acquisition.--The Secretary is authorized to acquire, on a
willing seller basis, by purchase, donation, exchange, or otherwise,
privately owned lands and interests in lands, including improvements,
within the Historic Site and the Associated Properties, using donated
or appropriated funds.
(d) Gifts.--
(1) Accepted by entities other than the secretary.--Subject
to such terms and conditions as the Secretary may prescribe,
any public or private agency, organization, institution, or
individual may solicit, accept, and administer private gifts of
money and real or personal property for the benefit of, or in
connection with, the activities and services at the Historic
Site.
(2) Accepted by the secretary.--Gifts may be accepted by
the Secretary for the benefit of, or in connection with, the
activities and services at the Historic Site notwithstanding
the fact that a donor conducts business with or is regulated by
the Department of Agriculture in any capacity.
SEC. 5. COOPERATIVE AUTHORITIES.
(a) Grants, Contracts, and Cooperative Agreements.--The Secretary
is authorized to enter into agreements for grants, contracts, and
cooperative agreements as appropriate with the Pinchot Institute,
public and other private agencies, organizations, institutions, and
individuals to provide for the development, administration,
maintenance, or restoration of land, facilities, or Forest Service
programs at Grey Towers or to otherwise further the purposes of this
Act.
(b) Interdepartmental.--The Secretary and the Secretary of the
Interior are authorized and encouraged to cooperate in promoting public
use and enjoyment of Grey Towers and the Delaware Water Gap National
Recreation Area and in otherwise furthering the administration and
purposes for which both areas were designated. Such cooperation may
include colocation and use of facilities within Associated Properties
and elsewhere.
(c) Other.--The Secretary may authorize use of the grounds and
facilities of Grey Towers by the Pinchot Institute and other
participating partners including Federal, State, and local agencies, on
such terms and conditions as the Secretary may prescribe, including the
waiver of special use authorizations and the waiver of rental and use
fees.
SEC. 6. FUNDS.
(a) Fees and Charges.--The Secretary may impose reasonable fees and
charges for admission to and use of facilities on Grey Towers.
(b) Special Fund.--Any monies received by the Forest Service in
administering Grey Towers shall be deposited into the Treasury of the
United States and covered in a special fund called the Grey Towers
National Historic Site Fund. Monies in the Grey Towers National
Historic Site Fund shall be available until expended, without further
appropriation, for support of programs of Grey Towers, and any other
expenses incurred in the administration of Grey Towers.
SEC. 7. MAP.
The Secretary shall produce and keep for public inspection a map of
the Historic Site and associated properties within Pike County,
Pennsylvania, which were associated with James and Mary Pinchot, the
Yale School of Forestry, or the Forest Service.
SEC. 8. SAVINGS PROVISION.
Nothing in this Act shall be deemed to diminish the authorities of
the Secretary under the Cooperative Forestry Assistance Act or any
other law pertaining to the National Forest System. | Grey Towers National Historic Site Act of 2004 - Designates all lands and improvements formerly encompassed within Grey Towers National Historic Landmark in Milford, Pennsylvania, as Grey Towers National Historic Site.
Directs that the Site be administered for specified purposes, including: (1) education, public demonstration projects, and research related to natural resource conservation, management, and use; (2) leadership development within the natural resource professions and the Federal civil service; (3) study and interpretation of the life and works of Gifford Pinchot who was the first Chief of the Forest Service and a major influence in formulating and implementing forest conservation policies in the early 20th century; and (4) protection and enjoyment of the scenic and natural environs.
Requires the Secretary of Agriculture (the Secretary) to administer federally owned lands and interests at the Site and associated lands and improvements outside of the Grey Towers National Historic Landmark within Pike County, Pennsylvania, as components of the National Forest System.
Authorizes the Secretary and the Secretary of the Interior to cooperate in promoting public use of Grey Towers and Delaware Water Gap National Recreation Area and in furthering the administration and purposes for which both areas were designated.
Allows the Secretary to impose fees and charges for admission to and use of facilities on Grey Towers. Requires any monies received by the Forest Service in administering Grey Towers to be deposited into the Grey Towers National Historic Site Fund for support of programs at Grey Towers and any other expenses. | {"src": "billsum_train", "title": "To designate the Grey Towers National Historic Site in the Commonwealth of Pennsylvania, and for other purposes."} | 1,866 | 320 | 0.719882 | 2.677964 | 0.85185 | 5.266904 | 6.053381 | 0.967972 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadening Participation in STEM
Education Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) One of the National Science Foundation's core missions
is ``to achieve excellence in U.S. science, technology,
engineering and mathematics (STEM) education''.
(2) STEM education at the undergraduate level is vital to
developing a workforce that will allow the United States to
remain the leader in the 21st century global economy.
(3) In 2007, underrepresented minority groups comprised
33.2 percent of the college-age population of the United
States, but only 17.7 percent of undergraduate students earning
bachelor's degrees in STEM fields.
(4) The Higher Education Research Institute at the
University of California, Los Angeles, found that, while
freshmen from underrepresented minority groups express an
interest in pursuing a STEM undergraduate degree at the same
rate as all other freshmen, only 22.1 percent of Latino
students, 18.4 percent of African-American students, and 18.8
percent of Native American students studying in STEM fields
complete their degree within 5 years, compared to an
approximate 33 percent and 42 percent 5-year completion rate
for White and Asian students, respectively.
(5) Statistics are particularly alarming in specific STEM
fields. For example, even though underrepresented minorities
make up approximately 33 percent of the college-age population,
according to an analysis of National Science Foundation data
performed by the National Action Council for Minorities in
Engineering, students from underrepresented minority groups
earned only 13 percent of all engineering degrees in 2009.
(6) Underrepresented minority groups currently make up
about 29 percent of the United States population. However, only
about 8 percent of tenure-track science and engineering faculty
members at universities and 4-year colleges and less than 1
percent of tenure-track science and engineering faculty members
at the top 100 research universities in the United States are
from underrepresented minority groups.
(7) Students from underrepresented minority groups at
institutions of higher education who see few others ``like
themselves'' among faculty and student populations often do not
experience the social integration that is necessary for success
in all disciplines, including STEM.
(8) The ability to connect students and faculty members
from underrepresented minority groups has been demonstrated to
be successful in increasing the achievement level of students
from underrepresented minority groups studying in STEM fields.
(9) The United States faces a demographic challenge with
regard to STEM education: by 2050, 52 percent of the college-
age population of the United States will be from
underrepresented minority groups.
(10) If the percentage of students from underrepresented
minority groups earning bachelor's degrees in STEM fields does
not significantly increase, the United States will face an
acute shortfall in the overall number of students who earn
degrees in STEM fields.
(11) With this impending shortfall, and with the number of
citizens of other countries earning degrees in STEM fields
increasing, the comparative advantage of the United States STEM
workforce will diminish, and the United States will almost
certainly lose its competitive edge in the 21st century global
economy.
SEC. 3. FOUNDATION SUPPORT FOR BROADENING PARTICIPATION IN
UNDERGRADUATE STEM EDUCATION.
(a) Grants.--The Director shall award grants to institutions of
higher education (or consortia thereof) to implement or expand
research-based reforms in undergraduate STEM education for the purpose
of recruiting and retaining students from minority groups who are
underrepresented in STEM fields.
(b) Merit Review; Competition.--Grants shall be awarded under this
section on a merit-reviewed, competitive basis.
(c) Use of Funds.--Activities supported by grants under this
section may include--
(1) implementation or expansion of innovative, research-
based approaches to broaden participation of underrepresented
minority groups in STEM fields;
(2) implementation or expansion of bridge, cohort,
tutoring, or mentoring programs designed to enhance the
recruitment and retention of students from underrepresented
minority groups in STEM fields;
(3) implementation or expansion of outreach programs
linking institutions of higher education and K-12 school
systems in order to heighten awareness among pre-college
students from underrepresented minority groups of opportunities
in college-level STEM fields and STEM careers;
(4) implementation or expansion of faculty development
programs focused on improving retention of undergraduate STEM
students from underrepresented minority groups;
(5) implementation or expansion of mechanisms designed to
recognize and reward faculty members who demonstrate a
commitment to increasing the participation of students from
underrepresented minority groups in STEM fields;
(6) expansion of successful reforms aimed at increasing the
number of STEM students from underrepresented minority groups
beyond a single course or group of courses to achieve reform
within an entire academic unit, or expansion of successful
reform efforts beyond a single academic unit to other STEM
academic units within an institution of higher education;
(7) expansion of opportunities for students from
underrepresented minority groups to conduct STEM research in
industry, at Federal labs, and at international research
institutions or research sites;
(8) provision of stipends for students from
underrepresented minority groups participating in research;
(9) support for graduate students and postdoctoral fellows
from underrepresented minority groups to participate in
instructional or assessment activities at primarily
undergraduate institutions, including primarily undergraduate
minority-serving institutions and two-year institutions of
higher education; and
(10) other activities consistent with subsection (a), as
determined by the Director.
(d) Selection Process.--
(1) Application.--An institution of higher education (or
consortia thereof) seeking a grant under this section shall
submit an application to the Director at such time, in such
manner, and containing such information and assurances as the
Director may require. The application shall include, at a
minimum--
(A) a description of the proposed reform effort;
(B) a description of the research findings that
will serve as the basis for the proposed reform effort
or, in the case of applications that propose an
expansion of a previously implemented reform, a
description of the previously implemented reform
effort, including data about the recruitment,
retention, and academic achievement of students from
underrepresented minority groups;
(C) evidence of an institutional commitment to, and
support for, the proposed reform effort, including a
long-term commitment to implement successful strategies
from the current reform beyond the academic unit or
units included in the grant proposal;
(D) a description of existing or planned
institutional policies and practices regarding faculty
hiring, promotion, tenure, and teaching assignment that
reward faculty contributions to improving the education
of students from underrepresented minority groups in
STEM; and
(E) how the success and effectiveness of the
proposed reform effort will be evaluated and assessed
in order to contribute to the national knowledge base
about models for catalyzing institutional change.
(2) Review of applications.--In selecting grant recipients
under this section, the Director shall consider, at a minimum--
(A) the likelihood of success of the proposed
reform effort at the institution submitting the
application, including the extent to which the faculty,
staff, and administrators of the institution are
committed to making the proposed institutional reform a
priority of the participating academic unit or units;
(B) the degree to which the proposed reform effort
will contribute to change in institutional culture and
policy such that greater value is placed on faculty
engagement in the retention of students from
underrepresented minority groups;
(C) the likelihood that the institution will
sustain or expand the proposed reform effort beyond the
period of the grant; and
(D) the degree to which evaluation and assessment
plans are included in the design of the proposed reform
effort.
(3) Priority.--For applications that include an expansion
of existing reforms beyond a single academic unit, the Director
shall give priority to applications for which a senior
institutional administrator, such as a dean or other
administrator of equal or higher rank, serves as the principal
investigator.
(4) Grant distribution.--The Director shall ensure, to the
extent practicable, that grants awarded under this section are
made to a variety of types of institutions of higher education,
including two-year and minority-serving institutions of higher
education.
(e) Education Research.--
(1) In general.--All grants made under this section shall
include an education research component that will support the
design and implementation of a system for data collection and
evaluation of proposed reform efforts in order to build the
knowledge base on promising models for increasing recruitment
and retention of students from underrepresented minority groups
in STEM education at the undergraduate level across a diverse
set of institutions.
(2) Dissemination.--The Director shall coordinate with
relevant Federal agencies in disseminating the results of the
research under this subsection to ensure that best practices in
broadening participation in STEM education at the undergraduate
level are made readily available to all institutions of higher
education, other Federal agencies that support STEM programs,
non-Federal funders of STEM education, and the general public.
SEC. 4. FOUNDATION SUPPORT FOR INCREASING DIVERSITY AMONG STEM FACULTY
AT INSTITUTIONS OF HIGHER EDUCATION.
(a) Grants.--The Director shall award grants to institutions of
higher education (or consortia thereof) for the development of
innovative reform efforts designed to increase the recruitment,
retention, and advancement of individuals from underrepresented
minority groups in academic STEM careers.
(b) Merit Review; Competition.--Grants shall be awarded under this
section on a merit-reviewed, competitive basis.
(c) Use of Funds.--Activities supported by grants under this
section may include--
(1) institutional assessment activities, such as data
analyses and policy review, in order to identify and address
specific issues in the recruitment, retention, and advancement
of faculty members from underrepresented minority groups;
(2) implementation of institution-wide improvements in
workload distribution, such that faculty members from
underrepresented minority groups are not disadvantaged in the
amount of time available to focus on research, publishing
papers, and engaging in other activities required to achieve
tenure status and run a productive research program;
(3) development and implementation of training courses for
administrators and search committee members to ensure that
candidates from underrepresented minority groups are not
subject to implicit biases in the search and hiring process;
(4) development and hosting of intra- or inter-
institutional workshops to propagate best practices in
recruiting, retaining, and advancing faculty members from
underrepresented minority groups;
(5) professional development opportunities for faculty
members from underrepresented minority groups;
(6) activities aimed at making undergraduate STEM students
from underrepresented minority groups aware of opportunities
for academic careers in STEM fields;
(7) activities to identify and engage exceptional graduate
students from underrepresented minority groups at various
stages of their studies and to encourage them to enter academic
careers; and
(8) other activities consistent with subsection (a), as
determined by the Director.
(d) Selection Process.--
(1) Application.--An institution of higher education (or
consortia thereof) seeking funding under this subsection shall
submit an application to the Director at such time, in such
manner, and containing such information and assurances as the
Director may require. The application shall include, at a
minimum, a description of--
(A) the reform effort that is being proposed for
implementation by the institution of higher education;
(B) any available evidence of specific difficulties
in the recruitment, retention, and advancement of
faculty members from underrepresented minority groups
in STEM academic careers within the institution of
higher education submitting an application, and how the
proposed reform effort would address such issues;
(C) how the institution of higher education
submitting an application plans to sustain the proposed
reform effort beyond the duration of the grant; and
(D) how the success and effectiveness of the
proposed reform effort will be evaluated and assessed
in order to contribute to the national knowledge base
about models for catalyzing institutional change.
(2) Review of applications.--In selecting grant recipients
under this section, the Director shall consider, at a minimum--
(A) the likelihood of success in undertaking the
proposed reform effort at the institution of higher
education submitting the application, including the
extent to which the administrators of the institution
are committed to making the proposed reform effort a
priority;
(B) the degree to which the proposed reform effort
will contribute to change in institutional culture and
policy such that greater value is placed on the
recruitment, retention, and advancement of faculty
members from underrepresented minority groups;
(C) the likelihood that the institution of higher
education will sustain or expand the proposed reform
effort beyond the period of the grant; and
(D) the degree to which evaluation and assessment
plans are included in the design of the proposed reform
effort.
(3) Grant distribution.--The Director shall ensure, to the
extent practicable, that grants awarded under this section are
made to a variety of types of institutions of higher education.
SEC. 5. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Foundation.--The term ``Foundation'' means the National
Science Foundation established under section 2 of the National
Science Foundation Act of 1950 (42 U.S.C. 1861).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(4) STEM.--The term ``STEM'' means the academic and
professional disciplines of science, technology, engineering,
and mathematics. | Broadening Participation in STEM Education Act - Requires the Director of the National Science Foundation (NSF) to award competitive grants to institutions of higher education (IHEs) to implement or expand research-based reforms in undergraduate science, technology, engineering, and mathematics (STEM) education to recruit and retain minority students who are underrepresented in STEM fields.
Authorizes the use of such grants on reforms that include: (1) bridge, cohort, tutoring, or mentoring programs; (2) outreach to minority elementary and secondary school students; (3) faculty development and recognition programs; (4) efforts to increase the participation of underrepresented minorities in the full gamut of STEM disciplines offered by IHEs; (5) efforts to increase and support their participation in research; and (6) support for the participation of minority graduate students and postdoctoral fellows in instructional or assessment activities at primarily undergraduate IHEs.
Requires each grant to include an education research component so that reform efforts can be evaluated and, if shown to be effective, replicated to improve the participation of minority students in STEM fields at other schools.
Requires the Director of the NSF to award competitive grants to IHEs to develop innovative reform efforts designed to increase the recruitment, retention, and advancement of individuals from underrepresented minority groups in academic STEM careers. | {"src": "billsum_train", "title": "To authorize the Director of the National Science Foundation to provide grants to institutions of higher education for implementing or expanding reforms in undergraduate science, technology, engineering, and mathematics (STEM) education in order to increase the number of students from underrepresented minority groups receiving degrees in these fields, and to recruit, retain, and advance STEM faculty members from underrepresented minority groups at institutions of higher education."} | 2,819 | 280 | 0.527901 | 1.589088 | 0.871426 | 3.156 | 11.212 | 0.892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commuter Parity Act of 2013''.
SEC. 2. QUALIFIED TRANSPORTATION FRINGE.
(a) In General.--Subsection (f) of section 132 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(f) Qualified Transportation Fringe.--
``(1) In general.--For purposes of this section, the term
`qualified transportation fringe' means any of the following
provided by an employer to an employee:
``(A) Transportation in a commuter highway vehicle
if such transportation is in connection with travel
between the employee's residence and place of
employment.
``(B) Any transit pass.
``(C) Qualified parking.
``(D) Any qualified bicycle commuting
reimbursement.
``(2) Limitation on exclusion.--The amount of the fringe
benefits which are provided by an employer to any employee and
which may be excluded from gross income under subsection (a)(5)
shall not exceed--
``(A) $220 per month in the case of the aggregate
of the benefits described in subparagraphs (A) and (B)
of paragraph (1),
``(B) $220 per month in the case of qualified
parking, and
``(C) $35 per month for qualified bicycle commuting
reimbursement.
``(3) No constructive receipt.--No amount shall be included
in the gross income of an employee solely because the employee
may choose between any qualified transportation fringe and
compensation which would otherwise be includible in gross
income of such employee.
``(4) Definitions.--For purposes of this subsection--
``(A) Transit pass.--The term `transit pass' means
any pass, token, farecard, voucher, or similar item
entitling a person to transportation (or transportation
at a reduced price) if such transportation is--
``(i) on mass transit facilities (whether
or not publicly owned), or
``(ii) provided by any person in the
business of transporting persons for
compensation or hire if such transportation is
provided in a vehicle meeting the requirements
of subparagraph (B)(i).
``(B) Commuter highway vehicle.--The term `commuter
highway vehicle' means any highway vehicle--
``(i) the seating capacity of which is at
least 6 adults (not including the driver), and
``(ii) at least 80 percent of the mileage
use of which can reasonably be expected to be--
``(I) for purposes of transporting
employees in connection with travel
between their residences and their
place of employment, and
``(II) on trips during which the
number of employees transported for
such purposes is at least \1/2\ of the
adult seating capacity of such vehicle
(not including the driver).
``(C) Qualified parking.--The term `qualified
parking' means parking provided to an employee on or
near the business premises of the employer or on or
near a location from which the employee commutes to
work by transportation described in subparagraph (A),
in a commuter highway vehicle, or by carpool. Such term
shall not include any parking on or near property used
by the employee for residential purposes.
``(D) Transportation provided by employer.--
Transportation referred to in paragraph (1)(A) shall be
considered to be provided by an employer if such
transportation is furnished in a commuter highway
vehicle operated by or for the employer.
``(E) Employee.--For purposes of this subsection,
the term `employee' includes an individual who is an
employee within the meaning of section 401(c)(1).
``(F) Qualified bicycle commuting reimbursement.--
For the purposes of this subsection, the term
`qualified bicycle commuting reimbursement' means any
employer reimbursement for reasonable expenses incurred
by the employee for the purchase of a bicycle and
bicycle improvements, repair, and storage, or
bikesharing program, if such bicycle is regularly used
for travel between the employee's residence and place
of employment.
``(5) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2014, the dollar
amounts contained in paragraph (2) shall be increased
by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
by substituting `calendar year 2013' for
`calendar year 1992'.
``(B) Rounding.--If any increase determined under
subparagraph (A) is not a multiple of $5, such increase
shall be rounded to the next lowest multiple of $5.
``(6) Coordination with other provisions.--For purposes of
this section, the terms `working condition fringe' and `de
minimis fringe' shall not include any qualified transportation
fringe (determined without regard to paragraph (2)).''.
(b) Conforming Amendments.--Sections 403(b)(3)(B), 414(s)(2),
415(c)(3)(D)(ii) of such Code are each amended by striking
``132(f)(4),''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013. | Commuter Parity Act of 2013 - Amends the Internal Revenue Code to modify the exclusion from gross income, for income tax purposes, of certain transportation benefits provided by an employer to an employee, to allow a monthly exclusion amount of: (1) $220 for transportation in a commuter highway vehicle from home to work and any transit pass, (2) $220 for qualified parking, and (3) $35 for qualified bicycle commuting reimbursement. Allows an annual cost-of-living adjustment to such exclusion amounts after 2014. | {"src": "billsum_train", "title": "Commuter Parity Act of 2013"} | 1,211 | 111 | 0.608262 | 1.631151 | 1.053516 | 2.72549 | 10.686275 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fulfilling the Potential of Women in
Academic Science and Engineering Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Many reports over the past decade have found that it is
critical to our Nation's economic leadership and global
competitiveness that we educate and train more scientists and
engineers.
(2) In its 2007 report entitled ``Beyond Bias and
Barriers'', the National Academies stated that, in order to
maintain its scientific and engineering leadership amid
increasing economic and educational globalization, the United
States must aggressively pursue the innovative capacity of all
of its people--women and men.
(3) Research shows that the number of women who are
interested in science, technology, engineering, and mathematics
(STEM) careers is reduced at every educational transition, from
high school on through full professorships.
(4) According to data compiled by National Science
Foundation in 2006, women now earn about half of all science
and engineering bachelor's degrees, but major variations
persist among fields. For example, women still receive only 20
percent of all bachelor's degrees awarded in engineering and
physics.
(5) Even in science and engineering fields with a higher
representation of women, such as the social and behavioral
sciences, women remain underrepresented among university
faculty. According to data compiled by the National Science
Foundation, for over 30 years women have made up over 30
percent of the doctorates in social sciences and behavioral
sciences and over 20 percent in the life sciences. Yet, at the
top research institutions, only 15.4 percent of the full
professors in the social and behavioral sciences and 14.8
percent in the life sciences are women.
(6) Across fields, women remain a small portion of the
science and engineering faculty members at major research
universities, and they typically receive fewer institutional
resources for their research activities than their male
colleagues.
(7) Studies have not found any significant biological
differences between men and women in performing science and
mathematics that can account for the lower representation of
women in academic faculty and scientific leadership positions
in these fields.
(8) A substantial body of evidence establishes that most
people hold implicit biases. Decades of cognitive psychology
research reveals that most people carry prejudices of which
they are unaware but that nonetheless play a large role in
evaluations of people and their work. Unintentional biases and
outmoded institutional structures are hindering the access for
women to, and advancement of women in, science and engineering.
(9) Workshops held to educate faculty about unintentional
biases have demonstrated success in raising awareness of such
biases.
(10) The Federal Government provides over 60 percent of
research funding at institutions of higher education, and
through its grant making policies has had significant influence
on institution of higher education policies, including policies
related to institutional culture and structure.
SEC. 3. FULFILLING THE POTENTIAL OF WOMEN IN ACADEMIC SCIENCE AND
ENGINEERING.
(a) Definitions.--In this section--
(1) the term ``Federal science agency'' means any Federal
agency that is responsible for at least 2 percent of total
Federal research and development funding to institutions of
higher education, according to the most recent data available
from the National Science Foundation;
(2) the term ``institution of higher education'' has the
meaning given such term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a));
(3) the term ``STEM'' means science, technology,
engineering, and mathematics; and
(4) the term ``United States'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any other territory or possession
of the United States.
(b) Workshops To Enhance Gender Equity in Academic Science and
Engineering.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Director of the Office of Science
and Technology Policy shall develop a uniform policy for all
Federal science agencies to carry out a program of workshops
that educate program officers, members of grant review panels,
institution of higher education STEM department chairs, and
other federally funded researchers about methods that minimize
the effects of gender bias in evaluation of Federal research
grants and in the related academic advancement of actual and
potential recipients of these grants, including hiring, tenure,
promotion, and selection for any honor based in part on the
recipient's research record.
(2) Interagency coordination.--The Director of the Office
of Science and Technology Policy shall ensure that programs of
workshops across the Federal science agencies are coordinated
and supported jointly as appropriate. As part of this process,
the Director of the Office of Science and Technology Policy
shall ensure that at least 1 workshop is supported every 2
years among the Federal science agencies in each of the major
science and engineering disciplines supported by those
agencies.
(3) Organizations eligible to carry out workshops.--Federal
science agencies may carry out the program of workshops under
this subsection by making grants to eligible organizations. In
addition to any other organizations made eligible by the
Federal science agencies, the following organizations are
eligible for grants under this subsection:
(A) Nonprofit scientific and professional societies
and organizations that represent one or more STEM
disciplines.
(B) Nonprofit organizations that have the primary
mission of advancing the participation of women in
STEM.
(4) Characteristics of workshops.--The workshops shall have
the following characteristics:
(A) Invitees to workshops shall include at least--
(i) the chairs of departments in the
relevant discipline from at least the top 50
institutions of higher education, as determined
by the amount of Federal research and
development funds obligated to each institution
of higher education in the prior year based on
data available from the National Science
Foundation;
(ii) members of any standing research grant
review panel appointed by the Federal science
agencies in the relevant discipline;
(iii) in the case of science and
engineering disciplines supported by the
Department of Energy, the individuals from each
of the Department of Energy National
Laboratories with personnel management
responsibilities comparable to those of an
institution of higher education department
chair; and
(iv) Federal science agency program
officers in the relevant discipline, other than
program officers that participate in comparable
workshops organized and run specifically for
that agency's program officers.
(B) Activities at the workshops shall include
research presentations and interactive discussions or
other activities that increase the awareness of the
existence of gender bias in the grant-making process
and the development of the academic record necessary to
qualify as a grant recipient, including recruitment,
hiring, tenure review, promotion, and other forms of
formal recognition of individual achievement, and
provide strategies to overcome such bias.
(C) Research presentations and other workshop
programs, as appropriate, shall include a discussion of
the unique challenges faced by women who are members of
historically underrepresented groups.
(D) Workshop programs shall include information on
best practices and the value of mentoring undergraduate
and graduate women students as well as outreach to
girls earlier in their STEM education.
(5) Report.--
(A) In general.--Not later than 5 years after the
date of enactment of this Act, the Director of the
Office of Science and Technology Policy 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 evaluating the effectiveness of the program
carried out under this subsection to reduce gender bias
towards women engaged in research funded by the Federal
Government. The Director of the Office of Science and
Technology Policy shall include in this report any
recommendations for improving the evaluation process
described in subparagraph (B).
(B) Minimum criteria for evaluation.--In
determining the effectiveness of the program, the
Director of the Office of Science and Technology Policy
shall consider, at a minimum--
(i) the rates of participation by invitees
in the workshops authorized under this
subsection;
(ii) the results of attitudinal surveys
conducted on workshop participants before and
after the workshops;
(iii) any relevant institutional policy or
practice changes reported by participants; and
(iv) for individuals described in paragraph
(4)(A) (i) or (iii) who participated in at
least 1 workshop 3 or more years prior to the
due date for the report, trends in the data for
the department represented by the chair or
employee including faculty data related to
gender as described in section 4.
(C) Institutional attendance at workshops.--As part
of the report under subparagraph (A), the Director of
the Office of Science and Technology Policy shall
include a list of institutions of higher education
science and engineering departments whose
representatives attended the workshops required under
this subsection.
(6) Minimizing costs.--To the extent practicable, workshops
shall be held in conjunction with national or regional
disciplinary meetings to minimize costs associated with
participant travel.
(c) Extended Research Grant Support and Interim Technical Support
for Caregivers.--
(1) Policies for caregivers.--Not later than 6 months after
the date of enactment of this Act, the Director of the Office
of Science and Technology Policy shall develop a uniform policy
to--
(A) extend the period of grant support for
federally funded researchers who have caregiving
responsibilities; and
(B) provide funding for interim technical staff
support for federally funded researchers who take a
leave of absence for caregiving responsibilities.
(2) Report.--Upon developing the policy required under
paragraph (1), the Director of the Office of Science and
Technology Policy shall transmit a copy of the policy to the
Committee on Science, Space, and Technology of the House of
Representatives and to the Committee on Commerce, Science, and
Transportation of the Senate.
(d) Collection of Data on Federal Research Grants.--
(1) In general.--Each Federal science agency shall collect
standardized annual composite information on demographics,
field, award type and budget request, review score, and funding
outcome for all applications for research and development
grants to institutions of higher education supported by that
agency.
(2) Reporting of data.--
(A) The Director of the Office of Science and
Technology Policy shall establish a policy to ensure
uniformity and standardization of data collection
required under paragraph (1).
(B) Not later than 2 years after the date of
enactment of this Act, and annually thereafter, each
Federal science agency shall submit data collected
under paragraph (1) to the National Science Foundation.
(C) The National Science Foundation shall be
responsible for storing and publishing all of the grant
data submitted under subparagraph (B), disaggregated
and cross-tabulated by race, ethnicity, and gender, in
conjunction with the biennial report required under
section 37 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885d).
(e) Publication of List of Institutional Participation in Workshops
To Enhance Gender Equity in Academic Science and Engineering.--The
Director of the Office of Science and Technology Policy, on the basis
of data reported by the Federal science agencies, shall publish
annually a list of institutions of higher education science and
engineering departments represented by individuals who attend the
workshops described in this section. The list shall be publicly
available through the Web site of the Office of Science and Technology
Policy. Any institution of higher education science and engineering
department that is publicized on the list may publicize its receipt of
such recognition on its Web site, in printed materials, or through
other means.
SEC. 4. COLLECTION OF DATA ON DEMOGRAPHICS OF FACULTY.
(a) Collection of Data.--The Director of the National Science
Foundation shall report, in conjunction with the biennial report
required under section 37 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885d), statistical summary data on the
demographics of STEM discipline faculty at institutions of higher
education in the United States, disaggregated and cross-tabulated by
race, ethnicity, and gender. At a minimum, the Director shall
consider--
(1) the number and percent of faculty by gender, race, and
age;
(2) the number and percent of faculty at each rank, by
gender, race, and age;
(3) the number and percent of faculty who are in nontenure-
track positions, including teaching and research, by gender,
race, and age;
(4) the number of faculty who are reviewed for promotion,
including tenure, and the percentage of that number who are
promoted, by gender, race, and age;
(5) faculty years in rank by gender, race, and age;
(6) faculty attrition by gender, race, and age;
(7) the number and percent of faculty hired by rank,
gender, race, and age; and
(8) the number and percent of faculty in leadership
positions, including endowed or named chairs, serving on
promotion and tenure committees, by gender, race, and age.
(b) Recommendations.--The Director of the National Science
Foundation shall solicit input and recommendations from relevant
stakeholders, including representatives from institutions of higher
education and nonprofit organizations, on the collection of data
required under subsection (a), including the development of standard
definitions on the terms and categories to be used in the collection of
such data.
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Director of the National Science Foundation
shall submit a report to Congress on how the National Science
Foundation will gather the demographic data on STEM faculty,
including--
(1) a description of the data to be reported and the
sources of those data;
(2) justification for the exclusion of any data described
in paragraph (1); and
(3) a list of the definitions for the terms and categories,
such as ``faculty'' and ``leadership positions'', to be applied
in the reporting of all data described in paragraph (1). | Fulfilling the Potential of Women in Academic Science and Engineering Act of 2011 - Defines a "federal science agency" as any federal agency responsible for at least 2% of total federal research and development funding to institutions of higher education (IHEs), according to National Science Foundation (NSF) data.
Requires the Director of the Office of Science and Technology Policy (OSTP) to develop a policy for federal science agencies to carry out a program of workshops that educate specified federally funded researchers about methods that minimize the effects of gender bias in the evaluation of federal research grants and in the related academic advancement of the recipients of these grants.
Authorizes federal science agencies to make grants to eligible organizations to carry out workshops.
Requires OSTP to support at least one workshop every two years among the federal science agencies in the major science and engineering disciplines.
Requires the Director to develop a policy to extend research grant support and provide interim technical support for federally funded researchers who are caregivers.
Requires federal science agencies to collect specified standardized annual data for all applications for research and development grants to IHEs and to submit the data collected to the NSF.
Requires NSF to report statistical summary data on the demographics of STEM (science, technology, engineering, and mathematics) faculty at IHEs in the United States and report to Congress on how NSF will gather such data. | {"src": "billsum_train", "title": "To provide for fulfilling the potential of women in academic science and engineering, and for other purposes."} | 2,946 | 301 | 0.429821 | 1.271388 | 0.78431 | 4.103053 | 11.171756 | 0.90458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Drinking Water Assistance
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) drinking water standards proposed and in effect as of
the date of enactment of this Act will place a large financial
burden on many public water systems, especially those public
water systems in rural communities serving small populations;
(2) the limited scientific, technical, and professional
resources available in small communities complicate the
implementation of regulatory requirements;
(3) small communities often cannot afford to meet water
quality standards because of the expenses associated with
upgrading public water systems and training personnel to
operate and maintain the public water systems;
(4) small communities do not have a tax base for dealing
with the costs of upgrading their public water systems;
(5) small communities face high per capita costs in
improving drinking water quality;
(6) small communities would greatly benefit from a grant
program designed to provide funding for water quality projects;
(7) as of the date of enactment of this Act, there is no
Federal program in effect that adequately meets the needs of
small, primarily rural communities with respect to public water
systems; and
(8) since new, more protective arsenic drinking water
standards proposed by the Clinton and Bush administrations,
respectively, are expected to be implemented in 2006, the grant
program established by the amendment made by this Act should be
implemented in a manner that ensures that the implementation of
those new standards is not delayed.
SEC. 3. ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS.
(a) Definition of Indian Tribe.--Section 1401(14) of the Safe
Drinking Water Act (42 U.S.C. 300f(14)) is amended in the second
sentence by striking ``1452,'' and inserting ``1452 and part G,''.
(b) Establishment of Program.--The Safe Drinking Water Act (42
U.S.C. 300f et seq.) is amended by adding at the end the following:
``PART G--ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS
``SEC. 1471. DEFINITIONS.
``In this part:
``(1) Eligible activity.--
``(A) In general.--The term `eligible activity'
means a project or activity concerning a small public
water system that is carried out by an eligible entity
to comply with drinking water standards.
``(B) Inclusions.--The term `eligible activity'
includes--
``(i) obtaining technical assistance; and
``(ii) training and certifying operators of
small public water systems.
``(C) Exclusion.--The term `eligible activity' does
not include any project or activity to increase the
population served by a small public water system,
except to the extent that the Administrator determines
such a project or activity to be necessary to--
``(i) achieve compliance with a national
primary drinking water regulation; and
``(ii) provide a water supply to a
population that, as of the date of enactment of
this part, is not served by a safe public water
system.
``(2) Eligible entity.--The term `eligible entity' means a
small public water system that--
``(A) is located in a State or an area governed by
an Indian Tribe; and
``(B)(i) if located in a State, serves a community
that, under affordability criteria established by the
State under section 1452(d)(3), is determined by the
State to be--
``(I) a disadvantaged community; or
``(II) a community that may become a
disadvantaged community as a result of carrying
out an eligible activity; or
``(ii) if located in an area governed by an Indian
Tribe, serves a community that is determined by the
Administrator, under affordability criteria published
by the Administrator under section 1452(d)(3) and in
consultation with the Secretary, to be--
``(I) a disadvantaged community; or
``(II) a community that the Administrator
expects to become a disadvantaged community as
a result of carrying out an eligible activity.
``(3) Program.--The term `Program' means the small public
water assistance program established under section 1472(a).
``(4) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services, acting through the Director of
the Indian Health Service.
``(5) Small public water system.--The term `small public
water system' means a public water system (including a
community water system and a noncommunity water system) that
serves--
``(A) a community with a population of not more
than 200,000 individuals; or
``(B) a public water system located in--
``(i) Bernalillo or Sandoval County, New
Mexico;
``(ii) Scottsdale, Arizona;
``(iii) Mesquite or Washoe County, Nevada;
or
``(iv) El Paso County, Texas.
``SEC. 1472. SMALL PUBLIC WATER SYSTEM ASSISTANCE PROGRAM.
``(a) Establishment.--
``(1) In general.--Not later than 1 year after the date of
enactment of this part, the Administrator shall establish a
program to provide grants to eligible entities for use in
carrying out projects and activities to comply with drinking
water standards.
``(2) Priority.--Subject to paragraph (3), the
Administrator shall award grants under the Program to eligible
entities based on--
``(A) first, the financial need of the community
for the grant assistance, as determined by the
Administrator; and
``(B) second, with respect to the community in
which the eligible entity is located, the per capita
cost of complying with drinking water standards, as
determined by the Administrator.
``(3) Small communities.--In making grants under this
section, the Administrator shall ensure that not less than 20
percent of grant funds provided for each fiscal year are used
to carry out eligible activities in communities with a
population of less than 50,000 individuals.
``(b) Application Process.--
``(1) In general.--An eligible entity that seeks to receive
a grant under the Program shall submit to the Administrator, on
such form as the Administrator shall prescribe (not to exceed 3
pages in length), an application to receive the grant.
``(2) Components.--The application shall include--
``(A) a description of the eligible activities for
which the grant is needed;
``(B) a description of the efforts made by the
eligible entity, as of the date of submission of the
application, to comply with drinking water standards;
and
``(C) any other information required to be included
by the Administrator.
``(3) Review and approval of applications.--
``(A) In general.--On receipt of an application
under paragraph (1), the Administrator shall forward
the application to the Council.
``(B) Approval or disapproval.--Not later than 90
days after receiving the recommendations of the Council
under subsection (e) concerning an application, after
taking into consideration the recommendations, the
Administrator shall--
``(i) approve the application and award a
grant to the applicant; or
``(ii) disapprove the application.
``(C) Resubmission.--If the Administrator
disapproves an application under subparagraph (B)(ii),
the Administrator shall--
``(i) inform the applicant in writing of
the disapproval (including the reasons for the
disapproval); and
``(ii) provide to the applicant a deadline
by which the applicant may revise and resubmit
the application.
``(c) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of carrying out an eligible activity
using funds from a grant provided under the Program shall not
exceed 90 percent.
``(2) Waiver.--The Administrator may waive the requirement
to pay the non-Federal share of the cost of carrying out an
eligible activity using funds from a grant provided under the
Program if the Administrator determines that an eligible entity
is unable to pay, or would experience significant financial
hardship if required to pay, the non-Federal share.
``(d) Enforcement and Implementation of Standards.--
``(1) In general.--Subject to paragraph (2), the
Administrator shall not enforce any standard for drinking water
under this Act (including a regulation promulgated under this
Act) against an eligible entity during the period beginning on
the date on which the eligible entity submits an application
for a grant under the Program and ending, as applicable, on--
``(A) the deadline specified in subsection
(b)(3)(C)(ii), if the application is disapproved and
not resubmitted; or
``(B) the date that is 3 years after the date on
which the eligible entity receives a grant under this
part, if the application is approved.
``(2) Arsenic standards.--No standard for arsenic in
drinking water promulgated under this Act (including a standard
in any regulation promulgated before the date of enactment of
this part) shall be implemented or enforced by the
Administrator in any State until the earlier of January 1, 2006
or such date as the Administrator certifies to Congress that--
``(A) the Program has been implemented in the
State; and
``(B) the State has made substantial progress, as
determined by the Administrator in consultation with
the Governor of the State, in complying with drinking
water standards under this Act.
``(e) Role of Council.--The Council shall--
``(1) review applications for grants from eligible entities
received by the Administrator under subsection (b);
``(2) for each application, recommend to the Administrator
whether the application should be approved or disapproved; and
``(3) take into consideration priority lists developed by
States for the use of drinking water treatment revolving loan
funds under section 1452.
``SEC. 1473. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
$1,900,000,000 for each of fiscal years 2006 through 2011.''. | Community Drinking Water Assistance Act - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a program of grants for small public water systems (those serving populations of not more than 200,000 or located in specified communities) in disadvantaged communities, or in those that may become disadvantaged as a result of compliance with drinking water standards, for use in carrying out projects and activities to comply with such standards. Requires the Administrator to: (1) give priority in awarding grants based on, first, the financial need of the community and, second, the per capita cost of the community's compliance; and (2) ensure that not less than 20 percent of grant funds are used for activities in communities with populations of less than 50,000.
Sets forth the process for applications. Limits the Federal share of costs for grant-funded activities to 90 percent of the total.
Provides temporary relief from enforcement of drinking water standards for eligible entities during and after the grant application process. Delays implementation or enforcement by the Administrator of an arsenic standard in any State until the earlier of January 1, 2006, or the date on which the Administrator certifies that the program has been implemented in that State and the State has made substantial progress in drinking water standards compliance. | {"src": "billsum_train", "title": "A bill to amend the Safe Drinking Water Act to establish a program to provide assistance to small communities for use in carrying out projects and activities necessary to achieve or maintain compliance with drinking water standards."} | 2,323 | 270 | 0.588592 | 1.681249 | 0.717609 | 3.052 | 8.464 | 0.916 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Police Reporting Information, Data,
and Evidence Act of 2015'' or the ``PRIDE Act''.
SEC. 2. COMMUNITY AND LAW ENFORCEMENT PARTNERSHIP GRANT PROGRAM.
(a) Grants Authorized.--The Attorney General shall make grants to
eligible States and Indian tribes to be used for the activities
described in subsection (c).
(b) Eligibility.--
(1) In general.--In order to be eligible to receive a grant
under this section a State or Indian tribe shall--
(A) report incidents in accordance with paragraph
(2); and
(B) demonstrate that the use-of-force policy for
law enforcement officers in the State or Indian tribe
is publicly available.
(2) Reporting of incidents.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and each year
thereafter, and subject to subparagraph (C), a State or
Indian tribe shall report to the Attorney General
information on--
(i) any incident involving the shooting of
a civilian by a law enforcement officer;
(ii) any incident involving the shooting of
a law enforcement officer by a civilian;
(iii) any incident in which use of force by
a law enforcement officer against a civilian
results in serious bodily injury (as defined in
section 2246 of title 18, United States Code)
or death; and
(iv) any incident in which use of force by
a civilian against a law enforcement officer
results in serious bodily injury (as defined in
section 2246 of title 18, United States Code)
or death.
(B) Required information.--For each incident
reported under subparagraph (A), the information
reported to the Attorney General shall include, at a
minimum--
(i) the gender, race, ethnicity, and age of
each individual who was shot, injured, or
killed;
(ii) the date, time, and location of the
incident;
(iii) whether the civilian was armed, and,
if so, the type of weapon the civilian had;
(iv) the type of force used against the
officer, the civilian, or both, including the
types of weapons used;
(v) the number of officers involved in the
incident;
(vi) the number of civilians involved in
the incident; and
(vii) a brief description regarding the
circumstances surrounding the incident.
(C) Incidents reported under death in custody
reporting act.--A State is not required to include in a
report under subparagraph (A) an incident reported by
the State in accordance with section 20104(a)(2) of the
Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 13704(a)(2)) before the date of the report
under subparagraph (A).
(c) Activities Described.--A grant made under this section may be
used by a State or Indian tribe for--
(1) the cost of complying with the reporting requirements
described in subsection (b)(2);
(2) the cost of establishing necessary systems required to
investigate and report incidents as required under subsection
(b)(2);
(3) public awareness campaigns designed to gain information
from the public on use of force against police officers,
including shootings, which may include tip lines, hotlines, and
public service announcements; and
(4) use of force training for law enforcement agencies and
personnel, including de-escalation and bias training.
(d) Independent Audit and Review.--Not later than 1 year after the
date of enactment of this Act, and each year thereafter, the Attorney
General shall conduct an audit and review of the information provided
under subsection (b)(2) to determine whether each State or Indian tribe
receiving a grant under this section is in compliance with the
requirements of this section.
(e) Public Availability of Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Attorney
General shall publish, and make available to the public, a
report containing the data reported to the Attorney General
under subsection (b)(2).
(2) Privacy protections.--Nothing in this subsection shall
be construed to supersede the requirements or limitations under
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974'').
(f) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Attorney General, in coordination with the Director of
the Federal Bureau of Investigation, shall issue guidance on best
practices relating to establishing standard data collection systems
that capture the information required to be reported under subsection
(b)(2), which shall include standard and consistent definitions for
terms, including the term ``use of force''.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as are necessary to
carry out this Act. | Police Reporting Information, Data, and Evidence Act of 2015 or the PRIDE Act Directs the Attorney General to make grants to states and Indian tribes that: (1) demonstrate that the use-of-force policy for their law enforcement officers is publicly available; and (2) report information on any incident involving the shooting of a civilian by a law enforcement officer or the shooting of an officer by a civilian and on any incident in which the use of force by an officer against a civilian, or the use of force by a civilian against an officer, results in serious bodily injury or death. Requires such information to include: the gender, race, ethnicity, and age of each individual who was shot, injured, or killed; the date, time, and location of the incident; whether the civilian was armed and, if so, the type of weapon; the type of force used against the officer, the civilian, or both; the number of officers and civilians involved; and a brief description regarding the circumstances surrounding the incident. Authorizes a grant to be used for: the cost of complying with such reporting requirements; the cost of establishing necessary systems required to investigate and report incidents; public awareness campaigns designed to gain information from the public on use of force against police officers; and use of force training for law enforcement agencies and personnel. Directs the Attorney General: (1) to publish an annual report containing the information reported, and (2) in coordination with the Federal Bureau of Investigation, to issue guidance on best practices relating to establishing standard data collection systems that capture such information. | {"src": "billsum_train", "title": "PRIDE Act"} | 1,105 | 333 | 0.750012 | 2.264882 | 0.914435 | 4.759259 | 3.138889 | 0.932099 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Forest Fire and
Pest Emergency Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Declaration of emergency.
Sec. 5. Strategic fire plan and budget.
SEC. 2. FINDINGS AND PURPOSE:
(a) Findings.--
(1) Congress accepts the report and findings of the
National Commission on Wildlife Disasters, created through the
Wildfire Disaster Recovery Act of 1989 in response to the
destructive western fire season of 1987 and the Yellowstone
fires of 1988. The commission found:
(A) Millions of acres of forest, grassland, and
desert in the United States face abnormally high risks
of wildfire due to altered species composition,
excessive fuel buildup, and increased ignition
opportunity.
(B) The problem is exceptionally severe on the
public lands of the western states, where dangerous
conditions exist over very large areas and wildfires
can attain a size and intensity that defies control.
(C) Preventing disaster in such situations can no
longer be limited to suppression with engines, air
tankers (fixed-wing aircraft that drop chemical
retardant), and other firefighting paraphernalia.
(D) In many forest situations, fuel reduction by
mechanical removal through careful salvage logging,
thinning, or other means will be needed before
prescribed fire can be safely utilized.
(E) The Southern California firestorm of 1993
burned nearly 200,000 acres, destroyed over 1,100
structures, killed three people and injured over 160,
and cost an estimated $1 billion in suppression
efforts, damages, and restoration. Soil erosion, mud
slides, wildlife habitat loss, and other damage will
leave an unforgotten legacy for years to come.
(F) In California, 3,500 homes were destroyed by
wildlife between 1920-89, but well over 4,200 were
destroyed between 1990-93.
(G) In 1992, when 24,500 acres of prime timber and
recreation lands in the Sierra-typical mixed conifer
forest, ladened with heavy fuels, bone dry from the
six-year drought, and suffering from drought stress and
insect and disease attack, ignited into a raging
firestorm, it turned into the most expensive rural
wildfire in California history in just four days. Total
estimated value lost was $245 million dollars, $16.5
million in suppression costs, 2 lives and 72
firefighting injuries. After an optimistic salvage
recovery, estimated value loss is $5,670 per acre. Cost
for prevention fuels treatment average less than $200
per acre.
(2) Based on recent scientific reports, including the
California Spotted Owl Report (CASPO) and the Sierra Nevada
Ecosystem Project Progress Report (SNEP), Congress finds:
(A) The enormous wildfires awaiting ignition on the
public lands of the west can no longer be seen as an
uncontrollable act of nature; they will be the direct
result of negligence in land management, much of which
can be traced to the long-standing aversion to fire in
all forms.
(B) Major reductions in wildfire extent, damage and
cost are possible if effective prevention actions are
taken in time.
(C) Wildfire must be mitigated by preventive land
treatments that reduce fuels, break up large contiguous
areas of dangerous conditions, improve building
standards, and create defensible spaces between
flammable fuels and susceptible buildings.
(D) Outstanding late-successional forest areas are
often found in the less accessible locations, and the
potential for losing them to catastrophic wildfire is
very high.
(E) Stands once kept open by frequent, low-
intensity lightning fires have been, as a consequence
of fire suppression, highly altered both in structure
and function by the development of dense, shade
tolerant understories that now place them at risk of
high-intensity stand- replacing fire.
(F) Efforts to reduce catastrophic fire risk to
late-successional forest stands, and to maintain key
ecosystem processes and biodiversity, are much more
likely to require active management in the Sierra
Nevada.
(G) Activities which reduce forest fuels will
provide interim employment and availability of men and
equipment for forest fire suppression.
(b) Purpose.--The purpose of this Act is to immediately reduce the
risk of wildlife on federal forest lands in California, immediately
reduce the number of dead and dying trees, provide access to needed
funding contained in the Emergency Firefighting Funds ($190,222,000 for
Forest Service and $116,674,000 for Department of Interior in FY 94),
provide access to needed funding contained in the Forest Service
Emergency Pest Suppression Fund ($15,000,000 in FY 94) and to develop a
Strategic fire protection plan with associated budget for Congressional
consideration.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) Natural fuels.--Fuels not directly generated or altered
by management activity. This includes fuels that have
accumulated as a result of fire exclusion.
(2) Extreme fire risk.--Areas determined to be extremely
vulnerable to wildfire based on a combination of fire history,
weather patterns, topography, accessibility, visitor intensity,
and fuel loads.
(3) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior.
SEC. 4. DECLARATION OF EMERGENCY.
The United States Congress declares the reduction of natural fuels,
on Federal lands within the State of California identified as extreme
fire risk, to constitute an emergency action to prevent or to reduce
risk to public health or safety or to serious resource loss, for the
duration of the drought as determined by the Secretaries.
Notwithstanding direction in land management plans, Congress directs
the Federal agencies to work cooperatively with State agencies to
immediately identify areas of extreme fire risk and take immediate
action to reduce natural fuels. Congress authorizes the use of
emergency fire suppression funds to reduce natural fuels in such areas
provided reductions in the Sierra forests are consistent with the fuels
management guidelines of the California Spotted Owl EA or subsequent
EIS. In areas identified as requiring additional treatments due to
drought or pest infestation on National forest lands, the Forest
Service is directed to prepare a budget request declaring an emergency,
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
SEC. 5. STRATEGIC FIRE PLAN AND BUDGET.
The Federal agencies are further directed to prepare, in
consultation and coordination with other federal agencies and the State
of California, a strategic fire plan and annual budget. The plan and
budget shall be submitted to Congress by March 1, 1995 for inclusion in
the 1996 appropriations request with a supplemental appropriations
request, if needed, for 1995 funding of natural fuels treatment. | Forest Fire and Pest Emergency Act - Declares that the reduction of natural fuels, on Federal lands within California that have been identified as extreme fire risk, constitutes an emergency action to prevent or to reduce risk to public health or safety or to serious resource loss for the duration of the drought there. Directs Federal agencies to work with State agencies to identify areas of extreme fire risk and take action to reduce natural fuels. Authorizes the use of emergency fire suppression funds to reduce natural fuels in such areas, provided reductions in the Sierra forests are consistent with the fuels management guidelines of the California Spotted Owl EA or subsequent EIS. Directs the Forest Service to prepare a budget request declaring an emergency in areas identified as requiring additional treatments due to drought or pest infestation on National forest lands.
Directs Federal agencies to prepare, and submit to the Congress, a strategic fire plan and annual budget. | {"src": "billsum_train", "title": "Forest Fire and Pest Emergency Act"} | 1,508 | 194 | 0.452501 | 1.390086 | 0.84191 | 6.491329 | 8.138728 | 0.965318 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Generation Act''.
SEC. 2. FINDINGS.
The Congress finds that it is in the public interest to:
(1) Enable small businesses, residences, schools, churches,
farms with small electric generation units, and other retail
electric customers who generate electric energy to return or
sell surplus electric energy on the open market.
(2) Encourage private investment in renewable and alternate
energy resources.
(3) Stimulate the economic growth.
(4) Enhance the continued diversification section of energy
resources used in the United States.
(5) Remove regulatory barriers for net metering.
SEC. 3. NET METERING.
Part II of the Federal Power Act is amended by adding the following
new section at the end thereof:
``SEC. 215. NET METERING.
``(a) Definitions.--As used in this section:
``(1) The term `customer-generator' means the owner or
operator of an electric generation unit qualified for net
metering under this section.
``(2) The term `net metering' means measuring the
difference between the electricity supplied to a customer-
generator and the electricity generated by a customer-generator
that is delivered to a local distribution section system at the
same point of interconnection during an applicable billing
period.
``(3) The terms `electric generation unit qualified for net
metering' and `qualified generation unit' mean an electric
energy generation unit that meets the requirements of paragraph
(5) and each of the following requirements:
``(A) The unit is a fuel cell or uses as its energy
source either solar, wind, or biomass.
``(B) The unit has a generating capacity of not
more than 100 kilowatts.
``(C) The unit is located on premises that are
owned, operated, leased, or otherwise controlled by the
customer-generator.
``(D) The unit operates in parallel with the retail
electric supplier.
``(E) The unit is intended primarily to offset part
or all of the customer-generator's requirements for
electric energy.
``(4) The term `retail electric supplier' means any person
that sells electric energy to the ultimate consumer thereof.
``(5) The term `local distribution system' means any system
for the distribution section of electric energy to the ultimate
consumer thereof, whether or not the owner or operator of such
system is also a retail electric supplier.
``(b) Adoption.--Not later than one year after the enactment of
this section, each retail electric supplier shall comply with each of
the following requirements and notify all of its retail customers of
such requirements not less frequently than quarterly:
``(1) The supplier shall offer to arrange (either directly
or through a local distribution company or other third party)
to make available, on a first-come-first-served basis, to each
of its retail customers that has installed an energy generation
unit that is intended for net metering and that notifies the
supplier of its generating capacity an electric energy meter
that is capable of net metering if the customer-generator's
existing electrical meter cannot perform that function.
``(2) Rates and charges and contract terms and conditions
for the sale of electric energy to customer-generators shall be
the same as the rates and charges and contract terms and
conditions that would be applicable if the customer-generator
did not own or operate a qualified generation unit and use a
net metering system.
Any retail electric supplier or local distribution company may, at its
own expense, install one or more additional electric energy meters to
monitor the flow of electricity in either direction or to reflect the
time of generation or both. Whenever a customer-generator with a net
metering system uses any energy generation system entitled to credits
under a Federal minimum renewable energy generation requirement, the
total amount of energy generated by that system shall be treated as
generated by the retail electric supplier for purposes of such
requirement.
``(c) Net Energy Measurement and Billing.--Each retail electric
supplier subject to subsection (b) shall calculate the net energy
measurement for a customer using a net metering system in the following
manner:
``(1) The retail electric supplier shall measure the net
electricity produced or consumed during the billing period
using the metering referred to in paragraph (1) or (2) of
subsection (b).
``(2) If the electricity supplied by the retail electric
supplier exceeds the electricity generated by the customer-
generator during the billing period, the customer-generator
shall be billed for the net electricity supplied by the retail
electric supplier in accordance with normal metering practices.
``(3) If electricity generated by the customer-generator
exceeds the electricity supplied by the retail electric
supplier, the customer-generator--
``(A) shall be billed for the appropriate customer
charges for that billing period;
``(B) shall be credited for the excess electric
energy generated during the billing period, with this
credit appearing on the bill for the following billing
period (except for a billing period that ends in the
next calendar year); and
``(C) shall not be charged for transmission losses.
If the customer-generator is using a meter that reflects the
time of generation (a `real time meter'), the credit shall be
based on the retail rates for sale by the retail electric
supplier at the time of such generation. At the beginning of
each calendar year, any remaining unused kilowatt-hour credit
accumulated by a customer-generator during the previous year
may be sold by the customer-generator to any electric supplier
that agrees to purchase such credit. In the absence of any such
purchase, the credit shall be assigned (at no cost) to the
retail electric supplier that supplied electric energy to such
customer-generator at the end of the previous year.
``(d) Percent Limitations.--
``(1) Two percent limitation.--A local distribution company
retail electric supplier shall not be required to provide local
distribution service with respect to additional customer-
generators after the date during any calendar year on which the
total generating capacity of all customer-generators with
qualified generation facilities and net metering systems served
by that local distribution company is equal to or in excess of
2 percent of the capacity necessary to meet the company's
average forecasted aggregate customer peak demand for that
calendar year.
``(2) One percent limitation.--A local distribution company
retail electric supplier shall not be required to provide local
distribution service with respect to additional customer-
generators using a single type of qualified energy generation
system after the date during any calendar year on which the
total generating capacity of all customer-generators with
qualified generation facilities of that type and net metering
systems served by that local distribution company is equal to
or in excess of 1 percent of the capacity necessary to meet the
company's average forecasted aggregate customer peak demand for
that calendar year.
``(3) Records and notice.--Each retail electric supplier
shall maintain, and make available to the public, records of
the total generating capacity of customer-generators of such
system that are using net metering, the type of generating
systems and energy source used by the electric generating
systems used by such customer-generators. Each such retail
electric supplier shall notify the Commission when the total
generating capacity of such customer-generators is equal to or
in excess of 2 percent of the capacity necessary to meet the
supplier's aggregate customer peak demand during the previous
calendar year and when the total generating capacity of such
customer-generators using a single type of qualified generation
is equal to or in excess of 1 percent of such capacity.
``(e) Safety and Performance Standards.--(1) A qualified generation
unit and net metering system used by a customer-generator shall meet
all applicable safety and performance and reliability standards
established by the national electrical code, the Institute of
Electrical and Electronics Engineers, Underwriters Laboratories, or the
American National Standards Institute.
``(2) The Commission, after consultation with State regulatory
authorities and nonregulated local distribution systems and after
notice and opportunity for comment, may adopt by regulation additional
control and testing requirements for customer-generators that the
Commission determines are necessary to protect public safety and system
reliability.
``(3) The Commission shall, after consultation with State
regulatory authorities and nonregulated local distribution systems and
after notice and opportunity for comment, prohibit by regulation the
imposition of additional charges by electric suppliers and local
distribution systems for equipment or services for safety or
performance that are additional to those necessary to meet the
standards referred to in subparagraphs (A) and (B).
``(f) State Authority.--Nothing in this section shall preclude a
State from establishing or imposing additional incentives or
requirements to encourage qualified generation and net metering
additional to that required under this section.''.
``(g) Interconnection Standards.--(1) Within one year after the
enactment of this section the Commission shall publish model standards
for the physical connection between local distribution systems and
qualified generation units and electric generation units that would be
qualified generation units but for the fact that the unit has a
generating capacity of more than 100 kilowatts (but not more than 250
kilowatts). Such model standards shall be designed to encourage the use
of qualified generation units and to insure the safety and reliability
of such units and the local distribution systems interconnected with
such units. Within 2 years after the enactment of this section, each
State shall adopt such model standards, with or without modification,
and submit such standards to the Commission for approval. The
Commission shall approve a modification of the model standards only if
the Commission determines that such modification is consistent with the
purpose of such standards and is required by reason of local
conditions. If standards have not been approved under this paragraph by
the Commission for any State within 2 years after the enactment of this
section, the Commission shall, by rule or order, enforce the
Commission's model standards in such State until such time as State
standards are approved by the Commission.
``(2) The standards under this section shall establish such
measures for the safety and reliability of the affected equipment and
local distribution systems as may be appropriate. Such standards shall
be consistent with all applicable safety and performance standards
established by the national electrical code, the Institute of
Electrical and Electronics Engineers, Underwriters Laboratories, or the
American National Standards Institute and with such additional safety
and reliability standards as the Commission shall, by rule, prescribe.
Such standards shall ensure that generation units will automatically
isolate themselves from the electrical system in the event of an
electrical power outage. Such standards shall permit the owner or
operator of the local distribution system to interrupt or reduce
deliveries of available energy from the generation unit to the system
when necessary in order to construct, install, maintain, repair,
replace, remove, investigate, or inspect any of its equipment or part
of its system; or if it determines that curtailment, interruption, or
reduction is necessary because of emergencies, forced outages, force
majeure, or compliance with prudent electrical practices.
``(3) The model standards under this subsection prohibit the
imposition of additional charges by local distribution systems for
equipment or services for interconnection that are additional to those
necessary to meet such standards.
``(h) Interconnection.--At the election of the owner or operator of
the generation unit concerned, connections meeting the standards
applicable under subsection (g) may be made--
``(1) by such owner or operator at such owner's or
operator's expense, or
``(2) by the owner or operator of the local distribution
system upon the request of the owner or operator of the
generating unit and pursuant to an offer by the owner or
operator of the generating unit to reimburse the local
distribution system in an amount equal to the minimum cost of
such connection, consistent with the procurement procedures of
the State in which the unit is located, except that the work on
all such connections shall be performed by qualified electrical
personnel certified by a resposible body or licensed by a State
or local government authority.
``(i) Consumer Friendly Contracts.--The Commission shall promulgate
regulations insuring that simplified contracts will be used for the
interconnection of electric energy by electric energy transmission or
distribution systems and generating facilities that have a power
production capacity not greater than 250 kilowatts.'' | Home Energy Generation Act - Amends the Federal Power Act to mandate that: (1) each retail electric supplier make available an electric energy meter capable of net metering to certain retail customers that have installed an energy generation unit intended for net metering; and (2) rates, charges, and contract terms for electric energy sales to customer-generators be the same as those that would be applicable if the customer-generator did not own or operate a qualified generation unit and use a net metering system.Prescribes the manner in which such retail electric suppliers shall calculate the net energy measurement and billing for a customer using a net metering system.Subjects qualified generation units and net metering systems to specified safety, performance, and reliability standards. Authorizes the Federal Energy Regulatory Commission (FERC) to: (1) adopt additional control and testing requirements for customer-generators necessary to protect public safety and system reliability; and (2) prohibit additional charges by electric suppliers and local distribution systems for equipment or services for safety or performance additional to those necessary to meet such standards.Sets a deadline for FERC to promulgate: (1) model standards for the physical connection between local distribution systems and qualified generation units and other specified electric generation units; and (2) regulations ensuring simplified contracts will be used for the interconnection of electric energy by electric energy transmission or distribution systems and generating facilities with a power production capacity of 250 kilowatts or less. | {"src": "billsum_train", "title": "To amend the Federal Power Act to promote energy independence and self-sufficiency by providing for the use of net metering by certain small electric energy generation systems, and for other purposes."} | 2,662 | 311 | 0.667459 | 1.879743 | 0.695491 | 4.489051 | 9.510949 | 0.948905 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Millennium National Commission on
Space Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to establish a National Commission on
Space that will assist the United States--
(1) to define the long-range needs of the Nation that may
be fulfilled through the peaceful uses of space;
(2) to maintain the Nation's preeminence in space science,
technology, and applications;
(3) to promote the peaceful exploration and utilization of
the space environment; and
(4) to articulate goals and develop options for the future
direction of the Nation's civilian space program in
coordination with commercial space activities.
SEC. 3. FINDINGS.
The Congress finds and declares that--
(1) the National Aeronautics and Space Administration, the
lead civilian space agency, as established in the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), has
conducted a space program that has been an unparalleled
success, providing significant economic, social, scientific,
and national security benefits, and helping to maintain
international stability and good will;
(2) the National Aeronautics and Space Act of 1958 (42
U.S.C. 2451 et seq.) has provided the policy framework for
achieving this success, and continues to be a sound statutory
basis for national efforts in space;
(3) the United States has entered an era of international
competition and cooperation in space, and therefore this Nation
must strengthen the commitment of its public and private
technical, financial, and institutional resources, so that the
United States will not lose its leadership position during the
coming decade;
(4) the private sector is a major participant in the
utilization of the space environment;
(5) the Nation continues its commitment to a permanently
manned space station in low Earth orbit, and future national
efforts in space will benefit from the presence of such a
station;
(6) the separation of the civilian and military space
programs is essential to ensure the continued health and
vitality of both; and
(7) the identification of long range goals and policy
options for the United States civilian space program through a
high level, representational public forum will assist the
President and Congress in formulating future policies for the
United States civilian space program.
SEC. 4. ESTABLISHMENT OF COMMISSION.
(a) In General.--The President shall, no earlier than February 1,
2001, and no later than May 1, 2001, establish, and appoint the members
of, a National Commission on Space.
(b) Membership.--
(1) Appointments.--The Commission shall consist of 15
members, appointed for the life of the Commission, of whom 10
shall be appointed as follows:
(A) 3 members shall be appointed from a list of 6
individuals nominated by the Majority Leader of the
Senate in consultation with the chairman of the Senate
Committee on Commerce, Science, and Transportation.
(B) 3 members shall be appointed from a list of 6
individuals nominated by the Speaker of the House of
Representatives in consultation with the chairman of
the House Committee on Science.
(C) 2 members shall be appointed from a list of 4
individuals nominated by the Minority Leader of the
Senate in consultation with the ranking member of the
Senate Committee on Commerce, Science, and
Transportation.
(D) 2 members shall be appointed from a list of 4
individuals nominated by the Minority Leader of the
House of Representatives in consultation with the
ranking member of the House Committee on Science.
(2) Chairman; vice chairman.--The President shall designate
1 of the members of the Commission appointed under this
subsection to serve as Chairman, and 1 of the members to serve
as Vice Chairman. The Vice Chairman shall perform the functions
of the Chairman in the Chairman's absence.
(c) Qualifications.--
(1) In general.--The members shall be selected from among
individuals from Federal, State, and local governments,
industry, business, labor, academia, and the general population
who, by reason of their background, education, training, or
experience, possess expertise in scientific, technological, and
commercial pursuits, as well as the use and implications of the
use of such pursuits.
(2) Federal officers or employees.--Not more than 3 members
may be employees of the Federal Government.
(3) First time service.--Not less than 5 members shall be
individuals who have never before been appointed to serve on a
Commission established by the Federal Government.
(d) Compensation.--Members who are not otherwise officers or
employees of the United States shall be paid at a rate equal to the
daily equivalent of the minimum rate of basic pay payable 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 members
are engaged in the actual performance of the duties of the Commission.
While away from their homes or regular places of business, such members
shall be allowed travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title 5,
United States Code.
(e) Ex Officio Members.--The President shall appoint 1 individual
from each of the following Federal departments and agencies to serve as
ex officio, advisory, non-voting members of the Commission (if such
department or agency does not already have a member appointed to the
Commission pursuant to subsection (a)):
(1) National Aeronautics and Space Administration.
(2) Department of State.
(3) Department of Defense.
(4) Department of Transportation.
(5) Department of Commerce.
(6) Department of Agriculture.
(7) Department of the Interior.
(8) National Science Foundation.
(9) Office of Science and Technology Policy.
(10) Department of Energy.
(f) Congressional Advisory Members.--The President of the Senate
shall appoint 2 advisory members of the Commission from among the
Members of the Senate and the Speaker of the House of Representatives
shall appoint 2 advisory members of the Commission from among the
Members of the House of Representatives. Such members shall not
participate, except in an advisory capacity, in the formulation of the
findings and recommendations of the Commission.
(g) Reimbursement of Expenses for Ex Officio and Congressional
Members.--Members of the Commission appointed under subsection (e) or
(f) shall not be entitled to receive compensation for service relating
to the performance of the duties of the Commission, but shall be
entitled to reimbursement for travel expenses incurred while in the
actual performance of the duties of the Commission.
(h) Staff.--The Commission shall appoint and fix the compensation
of such personnel as it deems advisable. The Chairman of the Commission
shall be responsible for--
(1) the assignment of duties and responsibilities among
such personnel and their continuing supervision; and
(2) the use and expenditures of funds available to the
Commission.
In carrying out the provisions of this subsection, the Chairman shall
act in accordance with the general policies of the Commission.
(i) Agency Assistance.--To the extent permitted by law, the
Commission may secure directly from any executive department, agency,
or independent instrumentality of the Federal Government any
information it deems necessary to carry out its functions under this
Act. Each such department, agency, and instrumentality shall cooperate
with the Commission and, to the extent permitted by law and upon
request of the Chairman of the Commission, furnish such information to
the Commission.
(j) Information-Gathering Activities.--The Commission may hold
hearings, receive public comment and testimony, initiate surveys, and
undertake other appropriate activities to gather the information
necessary to carry out its activities under section 5 of this Act.
(k) Detailed Employees.--
(1) Authority to detail.--Upon request of the chairman of
the Commission, the head of any Federal department or agency
may detail any of the personnel of the department or agency to
the Commission to assist it in carrying out its duties under
this Act.
(2) Reimbursement.--Any Federal Government employee may be
detailed to the Commission with or without reimbursement, and
any such detail shall be without interruption or loss of civil
service status or privilege.
(l) Support and Assistance.--
(1) Support.--The Office of Science and Technology Policy
shall provide support services to the Commission.
(2) Assistance.--The Comptroller General of the United
States may provide assistance, including the detailing of
employees, to the Commission in accordance with an agreement
entered into with the Commission.
(m) Other Authority.--The Commission may procure by contract, to
the extent funds are available, the temporary or intermittent services
of experts or consultants pursuant to section 3109 of title 5, United
States Code. The Commission shall give public notice of any such
contract before entering into that contract.
(n) Applicability of FACA.--Except as otherwise provided in this
Act, the Commission is subject to the Federal Advisory Committee Act (5
U.S.C. App.).
(o) Funding.--There are authorized to be appropriated to the
Commission $2,500,000 for fiscal year 2001, and $5,000,000 for fiscal
year 2002, to carry out its duties under this Act.
(p) Sunset.--The Commission shall cease to exist 60 days after it
has submitted the plan required by section 5(c) of this Act.
SEC. 5. STUDY AND REPORT.
(a) Study.--The Commission shall study existing and proposed space
activities and formulate an agenda for the United States civilian space
program. The Commission shall identify long range goals, opportunities,
and policy options for United States civilian space activity for the
next 20 years. In carrying out this responsibility, the Commission
shall take into consideration--
(1) the Nation's plans for a permanently manned space
station in low Earth orbit;
(2) present and future scientific, economic, social,
environmental, and foreign policy needs of the United States,
and methods by which space science, technology, and
applications initiatives might address those needs;
(3) the adequacy of the Nation's public and private
capability in fulfilling the needs identified in paragraph (2);
(4) how a cooperative interchange between Federal agencies
on research and technology development, and technology transfer
programs can benefit the civilian space program;
(5) opportunities for, and constraints on, the use of outer
space toward the achievement of Federal program objectives or
national needs;
(6) current and emerging issues and concerns that may arise
through the utilization of space research, technology
development, and applications;
(7) the Commission shall analyze the findings of the
reviews specified in paragraphs (1) through (6) of this
subsection, and develop options and recommendations for a long
range national civilian space policy plan.
(b) Estimates of Requirements.--Options and recommendations
submitted in accordance with subsection (c) of this section shall
include, to the extent appropriate, an estimate of costs and time
schedules, institutional requirements, and statutory modifications
necessary for implementation of such options and recommendations.
(c) Report.--Within 15 months after the date of the establishment
of the Commission, the Commission shall submit to the President and to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science of the House of Representatives, a long
range plan for United States civilian space activity incorporating the
results of the studies conducted under this section, together with
recommendations for such legislation as the Commission determines to be
appropriate.
D23/ | Requires the Commission to identify long range goals, opportunities, and policy options for U.S. civilian space activity for the next 20 years and to develop options and recommendations for a long range national civilian space policy plan.
Authorizes appropriations. | {"src": "billsum_train", "title": "Millennium National Commission on Space Act"} | 2,416 | 55 | 0.528643 | 1.323061 | 0.661404 | 4.818182 | 53.795455 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EPA Science Advisory Board Reform
Act of 2012''.
SEC. 2. SCIENCE ADVISORY BOARD.
(a) Membership.--Section 8(b) of the Environmental Research,
Development, and Demonstration Authorization Act of 1978 (42 U.S.C.
4365(b)) is amended to read as follows:
``(b)(1) The Board shall be composed of at least nine members, one
of whom shall be designated Chairman, and shall meet at such times and
places as may be designated by the Chairman in consultation with the
Administrator.
``(2) Each member of the Board shall be qualified by education,
training, and experience to evaluate scientific and technical
information on matters referred to the Board under this section. The
Administrator shall select Board members from nominations received as
described in paragraph (3) and shall ensure that--
``(A) the scientific and technical points of view
represented on and the functions to be performed by the Board
are fairly balanced among the members of the Board;
``(B) at least ten percent of the membership of the Board
are representatives of State, local, or tribal governments;
``(C) not more than ten percent of the membership of the
Board are current recipients of Environmental Protection Agency
grants, contracts, cooperative agreements, or other financial
assistance;
``(D) persons with substantial and relevant expertise are
not excluded from the Board due to affiliation with or
representation of entities that may have a potential interest
in the Board's advisory activities, so long as that interest is
fully disclosed to the Administrator and the public;
``(E) in the case of a Board advisory activity that may
affect a single entity, no Board member representing such
entity shall participate in that activity; and
``(F) Board members may not participate in advisory
activities that directly or indirectly involve review and
evaluation of their own work.
``(3) The Administrator shall--
``(A) solicit public nominations for the Board by
publishing a notification in the Federal Register;
``(B) solicit nominations from relevant Federal agencies,
including the Departments of Agriculture, Defense, Energy, and
Health and Human Services;
``(C) make public the list of nominees, including the
identity of the entities that nominated them, and shall accept
public comment on the nominees;
``(D) require that, upon nomination, nominees shall file a
written report disclosing financial relationships and
professional activities, including Environmental Protection
Agency grants, contracts, cooperative agreements, or other
financial assistance, that are relevant to the Board's advisory
activities for the five-year period prior to the date of their
nomination; and
``(E) make such reports public, with the exception of
specific dollar amounts, for each member of the Board upon such
member's selection.
``(4) The terms of the members of the Board shall be three years
and shall be staggered so that the terms of no more than one-third of
the total membership of the Board shall expire within a single fiscal
year. No member shall serve more than two terms over a ten-year
period.''.
(b) Record.--Section 8(c) of such Act (42 U.S.C. 4365(c)) is
amended--
(1) in paragraph (1), by inserting ``risk or hazard
assessment,'' after ``at the time any proposed''; and
(2) in paragraph (2), by adding at the end the following:
``The Board's advice and comments, including dissenting views
of Board members, and the response of the Administrator shall
be included in the record with respect to any proposed risk or
hazard assessment, criteria document, standard, limitation, or
regulation and published in the Federal Register.''.
(c) Member Committees and Investigative Panels.--Section 8(e) of
such Act (42 U.S.C. 4365(e)) is amended by adding at the end the
following:
``These member committees and investigative panels--
``(1) shall be constituted and operate in accordance with
the provisions set forth in paragraphs (2) and (3) of
subsection (b), in subsection (h), and in subsection (i);
``(2) do not have authority to make decisions on behalf of
the Board; and
``(3) may not report directly to the Environmental
Protection Agency.''.
(d) Public Participation.--Section 8 of such Act (42 U.S.C. 4365)
is amended by adding after subsection (g) the following:
``(h)(1) To facilitate public participation in the advisory
activities of the Board, the Administrator and the Board shall make
public all reports and relevant scientific information and shall
provide materials to the public at the same time as received by members
of the Board.
``(2) Prior to conducting major advisory activities, the Board
shall hold a public information-gathering session to discuss the state
of the science related to the advisory activity.
``(3) Prior to convening a member committee or investigative panel
under subsection (e) or requesting scientific advice from the Board,
the Administrator shall accept, consider, and address public comments
on questions to be asked of the Board. The Board, member committees,
and investigative panels shall accept, consider, and address public
comments on such questions and shall not accept a question that unduly
narrows the scope of an advisory activity.
``(4) The Administrator and the Board shall encourage public
comments, including oral comments and discussion during the
proceedings, that shall not be limited by an insufficient or arbitrary
time restriction. Public comments shall be provided to the Board when
received. The Board shall respond in writing to substantive comments
offered by members of the public.
``(5) Following Board meetings, the public shall be given 15
calendar days to provide additional comments for consideration by the
Board.''.
(e) Operations.--Section 8 of such Act (42 U.S.C. 4365) is further
amended by adding after subsection (h), as added by subsection (d) of
this section, the following:
``(i)(1) In carrying out its advisory activities, the Board shall
strive to avoid making policy determinations or recommendations, and,
in the event the Board feels compelled to offer policy advice, shall
explicitly distinguish between scientific advice and policy advice.
``(2) The Board shall clearly communicate uncertainties associated
with the scientific advice provided to the Administrator.
``(3) The Board shall ensure that advice and comments reflect the
views of the members and shall encourage dissenting members to make
their views known to the public and the Administrator.
``(4) The Board shall conduct periodic reviews to ensure that its
advisory activities are addressing the most important scientific issues
affecting the Environmental Protection Agency.''. | EPA Science Advisory Board Reform Act of 2012 - Amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. (The Board provides scientific advice to the Administrator of the Environmental Protection Agency [EPA].)
Revises the procedures for providing advice and comments to the Administrator by: (1) including risk or hazard assessments in the regulatory proposals and documents made available to the Board, and (2) requiring advice and comments to be included in the record regarding any such proposal and published in the Federal Register. Revises the operation of Board member committees and investigative panels to: (1) require that they operate in accordance with the membership, participation, and policy requirements (including new requirements for public participation in advisory activities of the Board) contained in this Act; (2) deny them authority to make decisions on behalf of the Board; and (3) prohibit direct reporting to EPA. Adds guidelines for the conduct of Board advisory activities, including concerning: (1) avoidance of making policy determinations or recommendations, (2) communication of uncertainties, (3) dissenting members' views, and (4) periodic reviews to ensure that such activities address the most important scientific issues affecting EPA. | {"src": "billsum_train", "title": "To amend the Environmental Research, Development, and Demonstration Authorization Act of 1978 to provide for Scientific Advisory Board member qualifications, public participation, and for other purposes."} | 1,453 | 274 | 0.555529 | 1.460449 | 0.873523 | 2.637066 | 5.555985 | 0.853282 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Justice Reauthorization Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the American Journal of Public Health, at
least 10 percent of older Americans experience elder abuse.
(2) Victims of elder financial abuse are estimated to lose
at least $2.9 billion a year.
(3) Victims of elder abuse are three times more likely to
end up in a hospital and four times more likely to end up in a
nursing home than nonvictims.
(4) Adult protective services which operate in all 50
States to help prevent elder abuse and investigate cases have
no dedicated Federal funding or any designated Federal agency
home.
(5) Underreporting of elder abuse cases, especially
financial abuse, remains a major issue combined with a dearth
of comprehensive and reliable data which collectively leads to
a vast underestimation of the real amount of elder abuse in the
Nation.
(6) Differences in State laws and practices in the areas of
abuse, neglect, and exploitation of older adults lead to
significant disparities in prevention, protective and social
services, treatment systems, and law enforcement, and lead to
other inequities.
(7) Starting with the 1974 enactment of the Child Abuse
Prevention and Treatment Act, the Federal Government has played
an important role in promoting research, training, public
safety, data collection, the identification, development, and
dissemination of promising health care, social, and protective
services, and law enforcement practices, relating to child
abuse and neglect, domestic violence, and violence against
women. The Federal Government should promote similar efforts
and protections relating to elder abuse, neglect, and
exploitation.
(8) The Federal Government should provide leadership to
assist States and communities in their efforts to prevent elder
abuse, including the promotion of coordinated planning between
all levels of government and nongovernment entities and
generating and sharing knowledge relevant to protecting elders.
(9) The problem of elder abuse, neglect, and exploitation
requires a comprehensive approach that--
(A) recognizes the statutory role of State and
local adult protective services and long-term care
ombudsman programs to respond to elder abuse;
(B) integrates the work of health, legal, and
social service agencies and organizations;
(C) emphasizes the need for prevention, detection,
reporting, investigation, assessment and treatment, and
prosecution of elder abuse, neglect, and exploitation
at all levels of government;
(D) ensures that sufficient numbers of properly
trained personnel with specialized knowledge are in
place to treat, assess, and provide services related to
elder abuse, neglect, and exploitation, and carry out
elder protection duties;
(E) ensures there is cultural competency to address
the unique needs of a diverse older adult population
with respect to elder abuse; and
(F) balances an elder's right to self-determination
with society's responsibility to protect elders.
(10) The future well-being of millions of older adults may
be challenged by elder abuse and a coordinated and
comprehensive Federal response is needed. Elder abuse
prevention is a sound investment that can produce savings to
the Medicare and Medicaid programs in the future.
(11) A victim of elder abuse is never the same after being
victimized.
SEC. 3. REAUTHORIZATION OF THE ELDER JUSTICE ACT OF 2009.
(a) Amendments to the Social Security Act.--
(1) Each of the following provisions of the Social Security
Act is amended by striking ``2014'' and inserting ``2021'':
(A) Section 2024(2) (42 U.S.C. 1397k-3(2)).
(B) Section 2042(a)(2) (42 U.S.C. 1397m-1(a)(2)).
(C) Section 2042(b)(5) (42 U.S.C. 1397m-1(b)(5)).
(D) Section 2042(c)(5) (42 U.S.C. 1397m-1(c)(5)).
(E) Section 2043(b)(2) (42 U.S.C. 1397m-2(b)(2)).
(2) Each of the following provisions of the Social Security
Act is amended by striking ``and 2014'' and inserting ``through
2021'':
(A) Section 2031(f)(3) (42 U.S.C. 1397l(f)(3)).
(B) Section 2041(d)(3) (42 U.S.C. 1397m(d)(3)).
(C) Section 2043(a)(2)(C) (42 U.S.C. 1397m-
2(a)(2)(C)).
(3) Section 2045 of the Social Security Act (42 U.S.C.
1397m-4) is amended by striking ``October 1, 2014'' and
inserting ``2 years after the completion of grants made to
States under section 2042''.
(b) Amendments to the Patient Protection and Affordable Care Act.--
Section 6703(b) of the Patient Protection and Affordable Care Act (42
U.S.C. 1395i-3a(b)) is amended in each of paragraphs (1)(C) and (2)(C),
by striking ``2014'' and inserting ``2021''. | Elder Justice Reauthorization Act This bill amends title XX (Block Grants to States for Social Services) of the Social Security Act to reauthorize through FY2021 grants to states for activities related to the prevention and detection of elder abuse. In addition, the bill amends the Patient Protection and Affordable Care Act to reauthorize through FY2021: (1) the National Training Institute for federal and state surveyors of long-term care facilities, and (2) grants to state agencies that perform surveys of certain nursing facilities. | {"src": "billsum_train", "title": "Elder Justice Reauthorization Act"} | 1,137 | 144 | 0.478988 | 1.455429 | 0.53646 | 1.824176 | 10.978022 | 0.769231 |
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