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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smithsonian Facilities Authorization
Act''.
SEC. 2. ADDITIONAL SPACE AND RESOURCES FOR NATIONAL COLLECTIONS HELD BY
THE SMITHSONIAN INSTITUTION.
(a) In General.--Public Law 94-98 (20 U.S.C. 50 note; 89 Stat. 480)
is amended by adding at the end the following:
``SEC. 4. ADDITIONAL SPACE AND RESOURCES FOR NATIONAL COLLECTIONS HELD
BY THE SMITHSONIAN INSTITUTION.
``(a) In General.--The Board of Regents of the Smithsonian
Institution may plan, design, construct, and equip additional special
use storage and laboratory space at the museum support facility of the
Smithsonian Institution in Suitland, Maryland, to accommodate the care,
preservation, conservation, deposit, and study of national collections
held in trust by the Institution.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $2,000,000 for fiscal year 2003;
``(2) $10,000,000 for fiscal year 2004; and
``(3) such sums as are necessary for each of fiscal years 2005
through 2008.''.
(b) Conforming Amendment.--Section 3 of Public Law 94-98 (20 U.S.C.
50 note; 89 Stat. 480) is amended in the first sentence by striking
``the purposes of this Act.'' and inserting ``this Act (other than
section 4).''.
SEC. 3. PATENT OFFICE BUILDING IMPROVEMENTS.
(a) Authorization of Use of Funds.--
(1) In general.--The Board of Regents of the Smithsonian
Institution may plan, design, and construct improvements to the
interior and exterior of the Patent Office Building (including the
construction of a roof covering for the courtyard), using funds
available to the Institution from nonappropriated sources.
(2) Definition.--In this section, the term ``Patent Office
Building'' means the building transferred to the Smithsonian
Institution pursuant to Public Law 85-357.
(b) Design and Specifications.--The design and specifications for
any exterior alterations authorized by subsection (a) shall be--
(1) submitted by the Secretary of the Smithsonian Institution
(referred to in this section as the ``Secretary'') to the
Commission of Fine Arts for comments and recommendations; and
(2) subject to the review and approval of the National Capital
Planning Commission in accordance with section 8722 of title 40,
United States Code, and section 16 of the Act of June 20, 1938
(sec. 6-641.15, D.C. Official Code).
(c) Authority of Historic Preservation Agencies.--
(1) In general.--The Secretary shall--
(A) take into account the effect of the improvements
authorized by subsection (a) on the historic character of the
Patent Office Building; and
(B) provide the Advisory Council on Historic Preservation a
reasonable opportunity to comment with regard to such
improvements.
(2) Status of smithsonian.--In carrying out this subsection,
and in carrying out other projects in the District of Columbia
which are subject to the review and approval of the National
Capital Planning Commission in accordance with section 16 of the
Act of June 20, 1938 (sec. 6-641.15, D.C. Official Code), the
Smithsonian Institution shall be deemed to be an agency for
purposes of compliance with regulations promulgated by the Advisory
Council on Historic Preservation pursuant to section 106 of the
National Historic Preservation Act (16 U.S.C. 470f).
SEC. 4. CONTRACTING AUTHORITY OF SECRETARY.
(a) In General.--The Secretary of the Smithsonian Institution may--
(1) enter into multi-year contracts for the acquisition of
property and services under the authority of section 304B of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
254c); and
(2) enter into contracts for the acquisition of severable
services for a period that begins in one fiscal year and ends in
the next fiscal year under the authority of section 303L of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253l).
(b) Effective Date.--This section shall apply to contracts entered
into on or after the date of the enactment of this Act.
SEC. 5. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
The Secretary of the Smithsonian Institution may establish a
program for making voluntary separation incentive payments for
employees of the Smithsonian Institution which is substantially similar
to the program established under subchapter II of chapter 35 of title
5, United States Code (as added by section 1313(a) of the Homeland
Security Act of 2002).
SEC. 6. SENSE OF CONGRESS REGARDING JAZZ APPRECIATION MONTH.
(a) Findings.--Congress finds the following:
(1) On December 4, 1987, Congress approved House Concurrent
Resolution 57, designating jazz as ``a rare and valuable national
American treasure''.
(2) Jazz has inspired some of the Nation's leading creative
artists and ranks as one of the greatest cultural exports of the
United States.
(3) Jazz is an original American art form which has inspired
dancers, choreographers, poets, novelists, filmmakers, classical
composers, and musicians in many other kinds of music.
(4) Jazz has become an international language that bridges
cultural differences and brings people of all races, ages, and
backgrounds together.
(5) The jazz heritage of the United States should be
appreciated as broadly as possible and should be part of the
educational curriculum for children in the United States.
(6) The Smithsonian Institution has played a vital role in the
preservation of American culture, including art and music.
(7) The Smithsonian Institution's National Museum of American
History has established April as Jazz Appreciation Month to pay
tribute to jazz as both a historic and living American art form.
(8) The Smithsonian Institution's National Museum of American
History has received great contributions toward this effort from
other governmental agencies and cultural organizations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Smithsonian Institution's National Museum of American
History should be commended for establishing a Jazz Appreciation
Month; and
(2) musicians, schools, colleges, libraries, concert halls,
museums, radio and television stations, and other organizations
should develop programs to explore, perpetuate, and honor jazz as a
national and world treasure.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Smithsonian Facilities Authorization Act - (Sec. 2) Amends Federal law to authorize the Board of Regents (Board) of the Smithsonian Institution to plan, design, construct, and equip additional special use storage and laboratory space (Pod 5) at the Museum Support Facility in Suitland, Maryland, to accommodate the care, preservation, conservation, deposit, and study of national collections held in trust by the Institution.
Authorize appropriations for FY 2003 through 2008.
(Sec. 3) Authorizes the Board to plan, design, and construct improvements to the interior and exterior of the Patent Office Building (including the construction of a roof covering for the courtyard), using funds available to the Institution from nonappropriated sources.
Requires the Secretary of the Smithsonian Institution to submit the design and specifications for any Patent Office Building exterior alterations to the Commission of Fine Arts for comments and recommendations, subject to the review and approval of the National Capital Planning Commission.
Requires the Secretary to: (1) take into account the effect of such improvements on the historic character of the Patent Office Building; and (2) provide the Advisory Council on Historic Preservation a reasonable opportunity to comment on them.
Deems the Smithsonian Institution to be an agency for purposes of compliance with regulations promulgated by the Advisory Council under the National Historic Preservation Act.
(Sec. 4) Authorizes the Secretary, under the authority of the Federal Property and Administrative Services Act of 1949, to enter into: (1) multi-year contracts for the acquisition of property and services; and (2) contracts for the acquisition of severable services for a period that begins in one fiscal year and ends in the next fiscal year.
(Sec. 5) Authorizes the Secretary to establish a program for making voluntary separation incentive payments for Smithsonian employees which is substantially similar to a specified program established under the Homeland Security Act of 2002.
(Sec. 6) Declares the sense of Congress that: (1) the Smithsonian Institution's National Museum of American History should be commended for establishing a Jazz Appreciation Month; and (2) musicians, schools, colleges, libraries, concert halls, museums, radio and television stations, and other organizations should develop programs to explore, perpetuate, and honor jazz as a national and world treasure. | {"src": "billsum_train", "title": "To provide for additional space and resources for national collections held by the Smithsonian Institution, and for other purposes."} | 1,510 | 506 | 0.631951 | 2.041026 | 0.758736 | 6.337838 | 2.959459 | 0.963964 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Redevelopment Act of
1996''.
SEC. 2. ENVIRONMENTAL REMEDIATION TAX CREDIT.
(a) General Rule.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to credits allowable) is
amended by adding at the end thereof the following new subpart:
``Subpart H--Environmental Remediation Credit
``Sec. 54. Amount of environmental
remediation credit.
``Sec. 54A. Definitions and special
rules.
``SEC. 54. AMOUNT OF ENVIRONMENTAL REMEDIATION CREDIT.
``(a) General Rule.--For purposes of section 38, the environmental
remediation credit determined under this section is 50 percent of the
costs--
``(1) which are paid or incurred by the taxpayer for
environmental remediation with respect to any qualified
contaminated site which is owned by the taxpayer, and
``(2) which are incurred by the taxpayer pursuant to an
environmental remediation plan for such site which was approved
by the Administrator of the Environmental Protection Agency or
by the head of any State or local government agency designated
by the Administrator to carry out the Administrator's functions
under this subpart with respect to such site.
``(b) Remediation Plan Must Be Completed.--
``(1) In general.--Except as otherwise provided in
paragraph (2)--
``(A) no environmental remediation credit shall be
determined under this section with respect to any
qualified contaminated site unless the Administrator of
the Environmental Protection Agency (or such
Administrator's designee under subsection (a)(2))
certifies the environmental remediation plan for such
site has been completed, and
``(B) if such Administrator (or designee) certifies
that such plan has been completed, such credit shall be
taken into account under subsection (a) ratably over
the 5 taxable year period beginning with the taxable
year in which such plan was completed.
``(2) Special rule where extraordinary cost increases.--
If--
``(A) the taxpayer determines that due to
unforeseen circumstances the cost of completing the
remediation plan for any qualified contaminated site
exceeds 200 percent of the estimated costs of
completing such plan, and
``(B) the State or local official administering the
remediation credit program agrees with such
determination,
the taxpayer may cease the implementation of such plan and
shall be entitled to an environmental remediation credit with
respect to costs incurred before such cessation. Such credit
shall be taken into account under subsection (a) ratably over
the 5-taxable-year period beginning with the taxable year in
which such cessation occurs.
``(c) Certain Parties Not Eligible.--A taxpayer shall not be
eligible for any credit determined under this section with respect to
any qualified contaminated site if--
``(1) at any time on or before the date of the enactment of
this subpart, such taxpayer was the owner or operator of any
business on such site,
``(2) at any time before, on, or after such date of
enactment such taxpayer--
``(A) had (by contract, agreement, or otherwise)
arranged for the disposal or treatment of any hazardous
materials at such site or arranged with a transporter
for transport for disposal or treatment of any
hazardous materials at such site, or
``(B) had accepted any hazardous materials for
transport to such site, or
``(3) the taxpayer is related to any taxpayer referred to
in paragraph (1) or (2).
The preceding sentence shall not apply to a taxpayer who became
described therein by reason of the acquisition of the business or site
through foreclosure (or the equivalent) of a security interest held by
the taxpayer or a related party if the taxpayer undertakes to sell or
otherwise dispose of such business or site in a reasonably expeditious
manner on commercially reasonable terms.
``(d) Qualified Contaminated Site.--For purposes of this subpart,
the term `qualified contaminated site' means any contaminated site if--
``(1) the condition of the contaminated site is such that
without participation in the environmental remediation credit
program redevelopment is unlikely,
``(2) the contaminated site has not been in productive use
for at least 1 year before participation in the program,
``(3) there is a strong likelihood of redevelopment of the
site for industrial or commercial use that will result in
creation of jobs and expansion of the tax base, and
``(4) environmental remediation and redevelopment are
likely to be completed within a reasonable period of time.
``SEC. 54A. DEFINITIONS AND SPECIAL RULES.
``(a) Contaminated Site.--For purposes of this subpart--
``(1) In general.--The term `contaminated site' means any
site if at least 1 of the following environmental conditions
are present on such site:
``(A) A release or threatened release of any
hazardous, toxic, or dangerous substance.
``(B) Any storage tanks which contain any
hazardous, toxic, or dangerous substance.
``(C) Any illegal disposal of solid waste.
``(2) Hazardous, toxic, or dangerous substance.--Any
substance, waste, or material shall be treated as a hazardous,
toxic, or dangerous substance if it is so treated under--
``(A) the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et
seq.) as in effect on the date of the enactment of this
section, or
``(B) the Resource Conservation and Recovery Act
(42 U.S.C. 6901 et seq.) as so in effect.
The following materials shall in any event be treated as such a
substance: petroleum or crude oil or any derivative thereof,
friable asbestos or any asbestos containing material,
polychlorinated biphenyls, and lead paint.
``(b) Environmental Remediation.--For purposes of this subpart, the
term `environmental remediation' means--
``(1) removal or remediation activity in accordance with
the plan approved under section 54(a)(2),
``(2) restoration of natural, historic or cultural
resources at the site, or the mitigation of unavoidable losses
of such resources incurred in connection with the remediation
or response activity,
``(3) health assessments or health effects studies related
to the site,
``(4) remediation of off-site contamination caused by
activity on the site (other than remediation activities of a
type not permitted for the site), and
``(5) any other costs specified in the plan approved under
section 54(a)(2), including demolition of existing contaminated
structures, site security, permit fees necessary for
remediation, and environmental audits.
``(c) Related Person.--For purposes of this subpart, persons shall
be treated as related to each other if such persons are treated as a
single employer under the regulations prescribed under section 52(b) or
such persons bear a relationship to each other specified in section
267(b) or 707(b).''
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (10), by striking the period at the end of paragraph (11) and
inserting ``, plus'', and by adding at the end thereof the following
new paragraph:
``(12) the environmental remediation credit under section
54(a).''
(c) Limitation on Carryback.--Subsection (d) of section 39 of such
Code is amended by adding at the end thereof the following new
paragraph:
``(7) No carryback of environmental remediation credit
before effective date.--No portion of the unused business
credit for any taxable year which is attributable to the credit
under section 54 may be carried back to a taxable year
beginning on or before the date of the enactment of section
54.''
(d) Deduction for Unused Credit.--Subsection (c) of section 196 of
such Code is amended by striking ``and'' at the end of paragraph (6),
by striking the period at the end of paragraph (7) and inserting ``,
and'', and by adding at the end thereof the following new paragraph:
``(8) the environmental remediation credit determined under
section 54.''
(e) Clerical Amendment.--The table of subparts for part IV of
subchapter A of chapter 1 of such Code is amended by adding at the end
thereof the following new item:
``Subpart H. Environmental remediation
credit.''
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. USE OF REDEVELOPMENT BONDS FOR ENVIRONMENTAL REMEDIATION.
(a) Environmental Remediation Included as Redevelopment Purpose.--
Subparagraph (A) of section 144(c)(3) of the Internal Revenue Code of
1986 (relating to redevelopment purposes) is amended by striking
``and'' at the end of clause (iii), by striking the period at the end
of clause (iv) and inserting ``, and'', and by adding at the end the
following new clause:
``(v) the costs of environmental
remediation (as defined in section 54A(b)) with
respect to a qualified contaminated site (as
defined in section 54(d)) if such costs are
incurred pursuant to an environmental
remediation plan which was approved by the
Administrator of the Environmental Protection
Agency or by the head of any State or local
government agency designated by the
Administrator to carry out the Administrator's
functions under this clause.''
(b) Certain Requirements Not To Apply To Redevelopment Bonds for
Environmental Remediation.--Subsection (c) of section 144 of such Code
is amended by adding at the end the following new paragraph:
``(9) Certain requirements not to apply to redevelopment
bonds for environmental remediation.--In the case of any bond
issued as part of an issue 95 percent or more of the proceeds
of which are to finance costs referred to in paragraph
(3)(A)(v)--
``(A) paragraph (2)(A)(i) shall not apply,
``(B) paragraph (2)(A)(ii) shall not apply to any
issue issued by the governing body described in
paragraph (4)(A) with respect to the area which
includes the site,
``(C) the requirement of paragraph (2)(B)(ii) shall
be treated as met if--
``(i) the payment of the principal and
interest on such issue is secured by taxes
imposed by a governmental unit, or
``(ii) such issue is approved by the
applicable elected representative (as defined
in section 147(f)(2)(E)) of the governmental
unit which issued such issue (or on behalf of
which such issue was issued),
``(D) subparagraphs (C) and (D) of paragraph (2)
shall not apply,
``(E) subparagraphs (C) and (D) of paragraph (4)
shall not apply, and
``(F) if the real property referred to in clause
(iii) of paragraph (3)(A) is 1 or more dwelling units,
such clause shall apply only if the requirements of
section 142(d) or 143 (as the case may be) are met with
respect to such units.''
(c) Penalty for Failure to Satisfactorily Complete Remediation
Plan.--Subsection (b) of section 150 of such Code is amended by adding
at the end thereof the following new paragraph:
``(7) Qualified contaminated site remediation bonds.--In
the case of financing provided for costs described in section
144(c)(3)(A)(v), no deduction shall be allowed under this
chapter for interest on such financing during any period during
which there is a determination by the Administrator of the
Environmental Protection Agency (or by the head of any State or
local government agency designated by the Administrator to
carry out the Administrator's functions under this paragraph)
that the remediation plan under which such costs were incurred
was not satisfactorily completed.''
(d) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act. | Brownfields Redevelopment Act of 1996 - Amends the Internal Revenue Code to allow a credit that is 50 percent of the costs: (1) paid or incurred by the taxpayer for environmental remediation of any qualified contaminated site which is owned by the taxpayer; and (2) incurred by the taxpayer pursuant to an environmental remediation plan for such site which was approved by the Administrator of the Environmental Protection Agency or by the head of any State or local government agency designated by the Administrator. Disallows the environmental remediation credit from being determined unless the Administrator or the Administrator's designee certifies that the remediation plan has been completed. Provides that if the Administrator certifies that such plan has been completed, the credit shall be taken into account ratably over the five-year taxable period. Permits a taxpayer to cease such remediation if: (1) the cost of completing the remediation plan exceeds 200 percent of the estimated costs of completing such plan; and (2) the State or local official administering the remediation credit program agrees with such determination. Prohibits certain taxpayers with respect to a qualified contamination site from being eligible for the credit. Makes the environmental remediation credit part of the sum of the current year general business credit and allows any unused portion as a deduction for certain unused business credits.
Allows for the use of redevelopment bonds for the costs of environmental remediation incurred pursuant to an environmental remediation plan. Sets forth provisions concerning certain requirements not to apply in the case of any redevelopment bond issued as part of an issue 95 percent or more of the proceeds which are to finance environmental remediation. Prohibits a deduction for interest on such financing during any period during which there is a determination by the Administrator or the Administrator's designee that the remediation plan was not satisfactorily completed. | {"src": "billsum_train", "title": "Brownfields Redevelopment Act of 1996"} | 2,770 | 398 | 0.750175 | 2.215711 | 0.912803 | 4.311953 | 7.300292 | 0.930029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telehealth Mental Health Services
Act''.
SEC. 2. MENTAL HEALTH SERVICES DELIVERED VIA TELEHEALTH.
Subpart I of part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.) is amended by adding at the end the following:
``SEC. 330I. MENTAL HEALTH SERVICES DELIVERED VIA TELEHEALTH.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
public or nonprofit private telehealth provider network that
offers services that include mental health services provided by
qualified mental health providers.
``(2) Qualified mental health education professionals.--The
term `qualified mental health education professionals' refers
to teachers, community mental health professionals, nurses, and
other entities as determined by the Secretary who have
additional training in the delivery of information on mental
illness to children and adolescents or who have additional
training in the delivery of information on mental illness to
the elderly.
``(3) Qualified mental health professionals.--The term
`qualified mental health professionals' refers to providers of
mental health services reimbursed under the medicare program
carried out under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) who have additional training in the
treatment of mental illness in children and adolescents or who
have additional training in the treatment of mental illness in
the elderly.
``(4) Special populations.--The term `special populations'
refers to the following 2 distinct groups:
``(A) Children and adolescents located in public
elementary and public secondary schools in mental
health underserved rural areas or in mental health
underserved urban areas.
``(B) Elderly individuals located in long-term care
facilities in mental health underserved rural areas.
``(5) Telehealth.--The term `telehealth' means the use of
electronic information and telecommunications technologies to
support long distance clinical health care, patient and
professional health-related education, public health, and
health administration.
``(b) Program Authorized.--
``(1) In general.--The Secretary, acting through the
Director of the Office for the Advancement of Telehealth of the
Health Resources and Services Administration, shall award
grants to eligible entities to establish demonstration projects
for the provision of mental health services to special
populations as delivered remotely by qualified mental health
professionals using telehealth and for the provision of
education regarding mental illness as delivered remotely by
qualified mental health professionals and qualified mental
health education professionals using telehealth.
``(2) Number of demonstration projects.--Ten grants shall
be awarded under paragraph (1) to provide services for the
children and adolescents described in subsection (a)(4)(A) and
not fewer than 6 of such grants shall be for services rendered
to individuals in rural areas. Ten grants shall also be awarded
under paragraph (1) to provide services for the elderly
individuals described in subsection (a)(4)(B) in rural areas.
If the maximum number of grants to be awarded under paragraph
(1) is not awarded, the Secretary shall award the grants under
paragraph (1) in a manner that distributes the grants so as to
serve equitably the populations described in subparagraphs (A)
and (B) of subsection (a)(4).
``(c) Amount.--Each entity that receives a grant under subsection
(b) shall receive not less than $1,500,000 under the grant, and shall
use not more than 40 percent of the grant funds for equipment.
``(d) Use of Funds.--
``(1) In general.--An eligible entity that receives a grant
under this section shall use the grant funds--
``(A) for the populations described in subsection
(a)(4)(A)--
``(i) to provide mental health services,
including diagnosis and treatment of mental
illness, in public elementary and public
secondary schools as delivered remotely by
qualified mental health professionals using
telehealth;
``(ii) to provide education regarding
mental illness (including suicide and violence)
in public elementary and public secondary
schools as delivered remotely by qualified
mental health professionals and qualified
mental health education professionals using
telehealth, including education regarding early
recognition of the signs and symptoms of mental
illness, and instruction on coping and dealing
with stressful experiences of childhood and
adolescence (such as violence, social
isolation, and depression); and
``(iii) to collaborate with local public
health entities to provide the mental health
services; and
``(B) for the populations described in subsection
(a)(4)(B)--
``(i) to provide mental health services,
including diagnosis and treatment of mental
illness, in long-term care facilities as
delivered remotely by qualified mental health
professionals using telehealth;
``(ii) to provide education regarding
mental illness to primary staff (including
physicians, nurses, and nursing aides) as
delivered remotely by qualified mental health
professionals and qualified mental health
education professionals using telehealth,
including education regarding early recognition
of the signs and symptoms of mental illness,
and instruction on coping and dealing with
stressful experiences of old age (such as loss
of physical and cognitive capabilities, death
of loved ones and friends, social isolation,
and depression); and
``(iii) to collaborate with local public
health entities to provide the mental health
services.
``(2) Other uses.--An eligible entity that receives a grant
under this section may also use the grant funds to--
``(A) acquire telehealth equipment to use in public
elementary and public secondary schools and long-term
care facilities for the objectives of this section;
``(B) develop curricula to support activities
described in subparagraphs (A)(ii) and (B)(ii) of
paragraph (1);
``(C) pay telecommunications costs; and
``(D) pay qualified mental health professionals and
qualified mental health education professionals on a
reasonable cost basis as determined by the Secretary
for services rendered.
``(3) Prohibited uses.--An eligible entity that receives a
grant under this section shall not use the grant funds to--
``(A) purchase or install transmission equipment
(other than such equipment used by qualified mental
health professionals to deliver mental health services
using telehealth under the project involved); or
``(B) build upon or acquire real property (except
for minor renovations related to the installation of
reimbursable equipment).
``(e) Equitable Distribution.--In awarding grants under this
section, the Secretary shall ensure, to the greatest extent possible,
that such grants are equitably distributed among geographical regions
of the United States.
``(f) Application.--An entity that desires a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
determines to be reasonable.
``(g) Report.--Not later than 5 years after the date of enactment
of the Health Care Safety Net Amendments of 2001, the Secretary shall
prepare and submit a report to the appropriate committees of Congress
that shall evaluate activities funded with grants under this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $30,000,000 for fiscal year
2002 and such sums as may be necessary for fiscal years 2003 through
2009.
``(i) Sunset Provision.--This section shall be effective for 7
years from the date of enactment of this section.''. | Telehealth Mental Health Services Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Office for the Advancement of Telehealth of the Health Resources and Services Administration, to award grants of at least $1.5 million to each eligible entity to establish demonstration projects for the provision of: (1) mental health services to special populations as delivered remotely by qualified mental health professionals using telehealth; and (2) mental illness education as delivered remotely by qualified mental health professionals and mental health education professionals using telehealth. | {"src": "billsum_train", "title": "A bill to establish a program for the delivery of mental health services by telehealth."} | 1,665 | 114 | 0.65932 | 1.641444 | 0.645671 | 4.429907 | 14.411215 | 0.934579 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``EAC
Reauthorization Act of 2017''.
(b) Findings.--Congress finds the following:
(1) The elections for Federal office which were held in
November 2016 were plagued with a number of problems,
including--
(A) foreign interference, as confirmed by the
United States intelligence community;
(B) a worsening voting machine infrastructure that
will continue to deteriorate without congressional
action; and
(C) a lack of resources at the State and local
level that will make election administration more
challenging.
(2) The Election Assistance Commission is the only Federal
agency charged with making elections more fair, accurate,
accessible, and efficient by providing best practices,
information, and voting machine certifications to States.
(3) The Election Assistance Commission should be equipped
with the tools necessary to undertake its nonpartisan mission
of helping State and local election officials administer their
elections and ensuring the accuracy, integrity, and security of
our elections.
SEC. 2. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930)
is amended by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for each of the fiscal years 2017 through
2022''.
SEC. 3. ASSISTANCE TO STATES FOR SECURITY UPGRADES TO VOTER
REGISTRATION LISTS AND PROCESSES.
(a) Authorization of Funding.--Section 257(a) of the Help America
Vote Act of 2002 (52 U.S.C. 21007(a)) is amended by adding at the end
the following new paragraph:
``(5) For fiscal year 2018, such sums as may be necessary
for such payments, except that a State may use a requirement
payment made with funds authorized under this paragraph solely
to upgrade the security of the State's voter registration lists
and voter registration processes and to carry out other
activities necessary to meet the requirements of section
303(a)(3) (relating to the technological security of the
State's computerized voter registration list).''.
(b) Waiver of 5-Percent Match Requirement.--Section 253(b)(5) of
such Act (52 U.S.C. 21003(b)(5)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (C)''; and
(2) by adding at the end the following new subparagraph:
``(C) Subparagraph (A) shall not apply for purposes of
determining the eligibility of a State to receive a
requirements payment appropriated pursuant to the authorization
provided under section 257(a)(5) of this title for fiscal year
2018.''.
SEC. 4. ASSESSMENT OF ADEQUACY OF VOTING SYSTEMS AND MACHINES.
(a) Assessment.--In consultation with the election officials of
each State, the Election Assistance Commission shall carry out an
assessment of whether the voting systems, including the voting
machines, available for use in the elections for Federal office to be
held in 2018 are adequate to meet the demands of such elections.
(b) Plan for Replacement of Outdated and Inadequate Machines.--Not
later than December 31, 2017, the Commission shall submit to Congress
and the States a report on the assessment carried out under subsection
(a), and shall include in the report a plan for replacing voting
machines which the Commission determines, on the basis of such
assessment, are outdated or otherwise not capable of meeting the
demands of the elections for Federal office to be held in 2018.
(c) Definition.--In this section, the term ``State'' has the
meaning given such term in section 901 of the Help America Vote Act of
2002 (52 U.S.C. 21141).
SEC. 5. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL ELECTION
SURVEYS.
(a) Requirement.--Title III of the Help America Vote Act of 2002
(52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the
following new section:
``SEC. 303A. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION SURVEYS.
``(a) Requirement.--Each State shall furnish to the Commission such
information as the Commission may request for purposes of conducting
any post-election survey of the States with respect to the
administration of a regularly scheduled general election for Federal
office.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2018 and any succeeding election.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 303A''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following new item:
``Sec. 303A. Requiring participation in post-general election
surveys.''.
SEC. 6. REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ON
USE OF FUNDS TRANSFERRED FROM ELECTION ASSISTANCE
COMMISSION.
(a) Requiring Reports on Use Funds as Condition of Receipt.--
Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is
amended by adding at the end the following new subsection:
``(e) Report on Use of Funds Transferred From Commission.--To the
extent that funds are transferred from the Commission to the Director
of the National Institute of Standards and Technology for purposes of
carrying out this section during any fiscal year, the Director may not
use such funds unless the Director certifies at the time of transfer
that the Director will submit a report to the Commission not later than
90 days after the end of the fiscal year detailing how the Director
used such funds during the year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2018 and each succeeding fiscal year.
SEC. 7. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE
COMMISSION.
(a) Assessment of Information Technology and Cybersecurity.--Not
later than December 31, 2017, the Election Assistance Commission shall
carry out an assessment of the security and effectiveness of the
Commission's information technology systems, including the
cybersecurity of such systems.
(b) Improvements to Administrative Complaint Procedures.--
(1) Review of procedures.--The Election Assistance
Commission shall carry out a review of the effectiveness and
efficiency of the State-based administrative complaint
procedures established and maintained under section 402 of the
Help America Vote Act of 2002 (52 U.S.C. 21112) for the
investigation and resolution of allegations of violations of
title III of such Act.
(2) Recommendations to streamline procedures.--Not later
than December 31, 2017, the Commission shall submit to Congress
a report on the review carried out under paragraph (1), and
shall include in the report such recommendations as the
Commission considers appropriate to streamline and improve the
procedures which are the subject of the review. | EAC Reauthorization Act of 2017 This bill amends the Help America Vote Act of 2002 to: (1) reauthorize the Election Assistance Commission through FY2022, (2) authorize funding to states for FY2018 for security upgrades to voter registration lists and processes and waive the 5% match requirement for these funds, (3) require each state to furnish to the commission such information as the commission may request for the purposes of conducting any post-election surveys of the states with respect to the administration of a regularly scheduled general election, and (4) require the National Institute of Standards and Technology to report on its use of funds transferred from the commission. The commission shall carry out an assessment: (1) of whether the voting systems available for use in the elections for federal office to be held in 2018 are adequate to meet the demands of such elections, and (2) of the security and effectiveness of the commission's information technology systems. The commission shall carry out a review of the effectiveness and efficiency of the state-based administrative complaint procedures established and maintained under such Act for the investigation and resolution of allegations of violations. | {"src": "billsum_train", "title": "EAC Reauthorization Act of 2017"} | 1,707 | 222 | 0.673271 | 2.147284 | 0.806129 | 5.073733 | 6.493088 | 0.9447 |
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Katrina
Commission (in this Act referred to as the ``Commission'').
SEC. 2. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the Senate
(majority or minority leader, as the case may be) of the
Democratic Party, in consultation with the leader of the House
of Representatives (majority or minority leader, as the case
may be) of the Democratic Party, who shall serve as vice
chairman of the Commission;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party;
(5) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens who represent a diverse range of
citizens and enjoy national recognition and significant depth
of experience in such professions as governmental service,
emergency preparedness, mitigation planning, cataclysmic
planning and response, intergovernmental management, resource
planning, recovery operations and planning, Federal
coordination, military coordination, and other extensive
natural disaster and emergency response experience.
(4) Deadline for appointment.--All members of the
Commission shall be appointed on or before October 1, 2005.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Six members of the Commission shall constitute a quorum. 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.
SEC. 3. DUTIES.
The duties of the Commission are to--
(1) examine and report upon the Federal, State, and local
response to the devastation wrought by Hurricane Katrina in the
Gulf Region of the United States of America especially in the
States of Louisiana, Mississippi, Alabama, and other areas
impacted in the aftermath;
(2) ascertain, evaluate, and report on the information
developed by all relevant governmental agencies regarding the
facts and circumstances related to Hurricane Katrina prior to
striking the United States and in the days and weeks following;
(3) build upon concurrent and prior investigations of other
entities, and avoid unnecessary duplication concerning
information related to existing vulnerabilities;
(4) make a full and complete accounting of the
circumstances surrounding the approach of Hurricane Katrina to
the Gulf States, and the extent of the United States
government's preparedness for, and response to, the hurricane;
(5) planning necessary for future cataclysmic events
requiring a significant marshaling of Federal resources,
mitigation, response, and recovery to avoid significant loss of
life;
(6) an analysis as to whether any decisions differed with
respect to response and recovery for different communities,
neighborhoods, parishes, and locations and what problems
occurred as a result of a lack of a common plan, communication
structure, and centralized command structure; and
(7) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for immediate
corrective measures that can be taken to prevent problems with
Federal response that occurred in the preparation for, and in
the aftermath of, Hurricane Katrina so that future cataclysmic
events are responded to adequately.
SEC. 4. FUNCTIONS OF COMMISSION.
(a) In General.--The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and circumstances
relating to the catastrophic impacts that Hurricane
Katrina exacted upon the Gulf Region of the United
States especially in New Orleans and surrounding
parishes, and impacted areas of Mississippi and
Alabama; and
(B) shall include relevant facts and circumstances
relating to--
(i) Federal emergency response planning and
execution at the Federal Emergency Management
Agency, the Department of Homeland Security,
the White House, and all other Federal entities
with responsibility for assisting during, and
responding to, natural disasters;
(ii) military and law enforcement response
planning and execution;
(iii) Federal mitigation plans, programs,
and policies including prior assessments of
existing vulnerabilities and exercises designed
to test those vulnerabilities;
(iv) Federal, State, and local
communication interoperability successes and
failures;
(v) past, present, and future Federal
budgetary provisions for preparedness,
mitigation, response, and recovery;
(vi) the Federal Emergency Management
Agency's response capabilities as an
independent agency and as part of the
Department of Homeland Security;
(vii) the role of congressional oversight
and resource allocation;
(viii) other areas of the public and
private sectors determined relevant by the
Commission for its inquiry; and
(ix) long-term needs for people impacted by
Hurricane Katrina and other forms of Federal
assistance necessary for large-scale recovery;
(2) identify, review, and evaluate the lessons learned from
Hurricane Katrina including coordination, management policies,
and procedures of the Federal Government, State and local
governments, and nongovernmental entities, relative to
detection, planning, mitigation, asset prepositioning, and
responding to cataclysmic natural disasters such as Hurricane
Katrina; and
(3) submit to the President and Congress such reports as
are required by this Act containing such findings, conclusions,
and recommendations as the Commission shall determine,
including proposing organization, coordination, planning,
management arrangements, procedures, rules, and regulations.
SEC. 5. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents, as the Commission or such designated
subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
chairman and the vice chairman; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the chairman or
any member designated by a majority of the
Commission, and may be served by any person
designated by the chairman or by a member
designated by a majority of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subsection (a), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(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) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 10.
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 7. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with the vice chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) 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. 8. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 9. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 10. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final Report.--Not later than 6 months after the date of the
enactment of this Act, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 11. FUNDING.
(a) Emergency Appropriation of Funds.--There are authorized to be
appropriated $3,000,000 for purposes of the activities of the
Commission under this Act and such funding is designated as emergency
spending under section 402 of H. Con. Res. 95 (109th Congress).
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission. | Establishes in the legislative branch a bipartisan Katrina Commission to: (1) examine and report upon the federal, state, and local response to the devastation wrought by Hurricane Katrina in the Gulf Region of Louisiana, Mississippi, Alabama, and other affected areas; (2) evaluate and report on the information developed by all relevant governmental agencies related to Hurricane Katrina before it struck the United States and in the days and weeks following; (3) make a complete accounting of the circumstances surrounding the approach of Hurricane Katrina to the Gulf states, and the extent of the Government's preparedness for and response to it; (4) examine planning necessary for future cataclysmic events that will require a significant marshaling of federal resources, mitigation, response, and recovery to avoid significant loss of life; (5) analyze whether any decisions differed with respect to response and recovery for different communities and what problems occurred as a result of a lack of a common plan, communication structure, and centralized command structure; and (6) investigate and report to the President and Congress on immediate corrective measures that can be taken to prevent problems with federal response to future cataclysmic events. | {"src": "billsum_train", "title": "A bill to establish a congressional commission to examine the Federal, State, and local response to the devastation wrought by Hurricane Katrina in the Gulf Region of the United States especially in the States of Louisiana, Mississippi, Alabama, and other areas impacted in the aftermath and make immediate corrective measures to improve such responses in the future."} | 3,481 | 256 | 0.584068 | 1.809831 | 0.687321 | 7.104072 | 14.61991 | 0.959276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eightmile Wild and Scenic River
Act''.
SEC. 2. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER,
CONNECTICUT.
(a) Findings.--Congress finds the following:
(1) The Eightmile River Wild and Scenic River Study Act of
2001 (Public Law 107-65; 115 Stat. 484) authorized the study of
the Eightmile River in the State of Connecticut from its
headwaters downstream to its confluence with the Connecticut
River for potential inclusion in the National Wild and Scenic
Rivers System.
(2) The segments of the Eightmile River covered by the
study are in a free-flowing condition, and the outstanding
resource values of the river segments include the cultural
landscape, water quality, watershed hydrology, unique species
and natural communities, geology, and watershed ecosystem.
(3) The Eightmile River Wild and Scenic Study Committee has
determined that--
(A) the outstanding resource values of these river
segments depend on sustaining the integrity and quality
of the Eightmile River watershed;
(B) these resource values are manifest within the
entire watershed; and
(C) the watershed as a whole, including its
protection, is itself intrinsically important to this
designation.
(4) The Eightmile River Wild and Scenic Study Committee
took a watershed approach in studying and recommending
management options for the river segments and the Eightmile
River watershed as a whole.
(5) During the study, the Eightmile River Wild and Scenic
Study Committee, with assistance from the National Park
Service, prepared a comprehensive management plan for the
Eightmile River watershed, dated December 8, 2005 (in this
section referred to as the ``Eightmile River Watershed
Management Plan''), which establishes objectives, standards,
and action programs that will ensure long-term protection of
the outstanding values of the river and compatible management
of the land and water resources of the Eightmile River and its
watershed, without Federal management of affected lands not
owned by the United States.
(6) The Eightmile River Wild and Scenic Study Committee
voted in favor of inclusion of the Eightmile River in the
National Wild and Scenic Rivers System and included this
recommendation as an integral part of the Eightmile River
Watershed Management Plan.
(7) The residents of the towns lying along the Eightmile
River and comprising most of its watershed (Salem, East Haddam,
and Lyme, Connecticut), as well as the Boards of Selectmen and
Land Use Commissions of these towns, voted to endorse the
Eightmile River Watershed Management Plan and to seek
designation of the river as a component of the National Wild
and Scenic Rivers System.
(8) The State of Connecticut General Assembly enacted
Public Act 05-18 to endorse the Eightmile River Watershed
Management Plan and to seek designation of the river as a
component of the National Wild and Scenic Rivers System.
(b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following new
paragraph:
``(_) Eightmile River, Connecticut.--Segments of the main stem and
specified tributaries of the Eightmile River in the State of
Connecticut, totaling approximately 25.3 miles, to be administered by
the Secretary of the Interior as follows:
``(A) The entire 10.8-mile segment of the main stem,
starting at its confluence with Lake Hayward Brook to its
confluence with the Connecticut River at the mouth of Hamburg
Cove, as a scenic river.
``(B) The 8.0-mile segment of the East Branch of the
Eightmile River starting at Witch Meadow Road to its confluence
with the main stem of the Eightmile River, as a scenic river.
``(C) The 3.9-mile segment of Harris Brook starting with
the confluence of an unnamed stream lying 0.74 miles due east
of the intersection of Hartford Road (State Route 85) and Round
Hill Road to its confluence with the East Branch of the
Eightmile River, as a scenic river.
``(D) The 1.9-mile segment of Beaver Brook starting at its
confluence with Cedar Pond Brook to its confluence with the
main stem of the Eightmile River, as a scenic river.
``(E) The 0.7-mile segment of Falls Brook from its
confluence with Tisdale Brook to its confluence with the main
stem of the Eightmile River at Hamburg Cove, as a scenic
river.''.
(c) Management.--The segments of the main stem and certain
tributaries of the Eightmile River in the State of Connecticut
designated as components of the National Wild and Scenic Rivers System
by the amendment made by subsection (b) (in this section referred to as
the ``Eightmile River'') shall be managed in accordance with the
Eightmile River Watershed Management Plan and such amendments to the
plan as the Secretary of the Interior determines are consistent with
this section. The Eightmile River Watershed Management Plan is deemed
to satisfy the requirements for a comprehensive management plan
required by section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)).
(d) Committee.--The Secretary of the Interior shall coordinate the
management responsibilities of the Secretary with regard to the
Eightmile River with the Eightmile River Coordinating Committee, as
specified in the Eightmile River Watershed Management Plan.
(e) Cooperative Agreements.--In order to provide for the long-term
protection, preservation, and enhancement of the Eightmile River, the
Secretary of the Interior may enter into cooperative agreements
pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers
Act (16 U.S.C. 1281(e), 1282(b)(1)) with the State of Connecticut, the
towns of Salem, Lyme, and East Haddam, Connecticut, and appropriate
local planning and environmental organizations. All cooperative
agreements authorized by this subsection shall be consistent with the
Eightmile River Watershed Management Plan and may include provisions
for financial or other assistance from the United States.
(f) Relation to National Park System.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the
Eightmile River shall not be administered as part of the National Park
System or be subject to regulations which govern the National Park
System.
(g) Land Management.--The zoning ordinances adopted by the towns of
Salem, East Haddam, and Lyme, Connecticut, in effect as of December 8,
2005, including provisions for conservation of floodplains, wetlands,
and watercourses associated with the segments, are deemed to satisfy
the standards and requirements of section 6(c) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277 (c)). For the purpose of section 6(c) of
that Act, such towns shall be deemed ``villages'' and the provisions of
that section, which prohibit Federal acquisition of lands by
condemnation, shall apply to the segments designated by subsection (b).
The authority of the Secretary to acquire lands for the purposes of
this Act shall be limited to acquisition by donation or acquisition
with the consent of the owner thereof, and shall be subject to the
additional criteria set forth in the Eightmile River Watershed
Management Plan.
(h) Watershed Approach.--
(1) In general.--In furtherance of the watershed approach
to resource preservation and enhancement articulated in the
Eightmile River Watershed Management Plan, the tributaries of
the Eightmile River watershed specified in paragraph (2) are
recognized as integral to the protection and enhancement of the
Eightmile River and its watershed.
(2) Covered tributaries.--Paragraph (1) applies with
respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar Pond
Brook, Cranberry Meadow Brook, Early Brook, Falls Brook, Fraser
Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, Malt
House Brook, Muddy Brook, Ransom Brook, Rattlesnake Ledge
Brook, Shingle Mill Brook, Strongs Brook, Tisdale Brook, Witch
Meadow Brook, and all other perennial streams within the
Eightmile River watershed.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section and
the amendment made by subsection (b).
Passed the House of Representatives July 31, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Eightmile Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate as a component of the national wild and scenic rivers system (the system) certain segments of the main stem and specified tributaries of the Eightmile River, Connecticut.
Declares that such segments shall be managed in accordance with the Eightmile River Watershed Management Plan and such amendments as the Secretary of the Interior determines are consistent with this Act.
Deems the Plan to satisfy the requirements for a comprehensive management plan required under the Act.
Instructs the Secretary to coordinate management responsibilities regarding the Eightmile River with the Eightmile Coordinating Committee, as specified in the Plan.
Allows the Secretary to enter into cooperative agreements for administration and for assistance, advice, and cooperation to plan, protect, and manage river resources with the state of Connecticut, the towns of Salem, Lyme, and East Haddam, and appropriate local planning and environmental organizations. Requires the agreements to be consistent with the Plan and allows provisions for federal assistance.
Prohibits the Eightmile River from being administered as part of the National Park System or being subject to related regulations.
Deems: (1) the zoning ordinances adopted by the towns, in effect as of December 8, 2005, to satisfy the standards and requirements under the Act regarding the prohibition on federal acquisition of lands by condemnation for inclusion in any wild, scenic, or recreational river area; and (2) such towns to be "villages" for such purposes. Limits the authority of the Secretary to acquire lands for purposes of the Act to acquisition by donation or acquisition with the owner's consent and subjects it to the additional criteria set forth in the Plan.
Recognizes specified tributaries of the Eightmile River watershed as integral to the protection and enhancement of the river and watershed.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Wild and Scenic Rivers Act to designate certain segments of the Eightmile River in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes."} | 1,903 | 403 | 0.701909 | 2.435175 | 0.701046 | 4.072046 | 4.827089 | 0.89049 |
SECTION 1. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES AND
STANDARDS.
(a) Updating National Model Building Energy Codes and Standards.--
(1) Updating.--
(A) In general.--The Secretary shall facilitate the
updating of national model building energy codes and
standards at least every 3 years to achieve overall
energy savings, compared to the 2006 International
Energy Conservation Code (referred to in this section
as the ``IECC'') for residential buildings and ASHRAE/
IES Standard 90.1 (2004) for commercial buildings, of
at least--
(i) 30 percent by 2015; and
(ii) 50 percent by 2022.
(B) Modification of goal.--If the Secretary
determines that the goal referred to in subparagraph
(A)(ii) cannot be achieved using existing technology,
or would not be lifecycle cost effective, the Secretary
shall establish, after providing notice and an
opportunity for public comment, a revised goal that
ensures the maximum level of energy efficiency that is
technologically feasible and lifecycle cost effective.
(2) Revision of codes and standards.--
(A) In general.--If the IECC or ASHRAE/IES Standard
90.1 regarding building energy use is revised, not
later than 1 year after the date of the revision, the
Secretary shall determine whether the revision will--
(i) improve energy efficiency in buildings;
and
(ii) meets the targets established under
paragraph (1).
(B) Revision by secretary.--
(i) In general.--If the Secretary makes a
determination under subparagraph (A)(ii) that a
code or standard does not meet the targets
established under paragraph (1), or if a
national model code or standard is not updated
for more than 3 years, not later than 2 years
after the determination or the expiration of
the 3-year period, the Secretary shall amend
the IECC or ASHRAE/IES Standard 90.1 (as in
effect on the date on which the determination
is made) to establish a modified code or
standard that meets the targets established
under paragraph (1).
(ii) Baseline.--The modified code or
standard shall serve as the baseline for the
next determination under subparagraph (A)(i).
(C) Notice and comment.--The Secretary shall--
(i) publish in the Federal Register notice
of targets, determinations, and modified codes
and standards under this subsection; and
(ii) provide the opportunity for public
comment on targets, determinations, and
modified codes and standards under this
subsection.
(b) State Certification of Building Energy Code Updates.--
(1) State certification.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, each State shall certify
to the Secretary that the State has reviewed and
updated the residential and commercial building code of
the State regarding energy efficiency.
(B) Energy savings.--The certification shall
include a demonstration that the code of the State--
(i) meets or exceeds the 2006 IECC for
residential buildings and the ASHRAE/IES
Standard 90.1-2004 for commercial buildings; or
(ii) achieves equivalent or greater energy
savings.
(2) Revision of codes and standards.--
(A) In general.--If the Secretary makes an
affirmative determination under subsection (a)(2)(A)(i)
or establishes a modified code or standard under
subsection (a)(2)(B), not later than 2 years after the
determination or proposal, each State shall certify
that the State has reviewed and updated the building
code of the State regarding energy efficiency.
(B) Energy savings.--The certification shall
include a demonstration that the code of the State--
(i) meets or exceeds the revised code or
standard; or
(ii) achieves equivalent or greater energy
savings.
(C) Review and updating by states.--If the
Secretary fails to make a determination under
subsection (a)(2)(A)(i) by the date specified in
subsection (a)(2) or makes a negative determination
under subsection (a)(2)(A), not later 3 years after the
specified date or the date of the determination, each
State shall certify that the State has--
(i) reviewed the revised code or standard;
and
(ii) updated the building code of the State
regarding energy efficiency to--
(I) meet or exceed any provisions
found to improve energy efficiency in
buildings; or
(II) achieve equivalent or greater
energy savings in other ways.
(c) State Certification of Compliance With Building Codes.--
(1) In general.--Not later than 3 years after a
certification of a State under subsection (b), the State shall
certify that the State has achieved compliance with the
certified building energy code.
(2) Rate of compliance.--The certification shall include
documentation of the rate of compliance based on independent
inspections of a random sample of the new and renovated
buildings covered by the code during the preceding year.
(3) Compliance.--A State shall be considered to achieve
compliance with the certified building energy code under
paragraph (1) if--
(A) at least 90 percent of new and renovated
buildings covered by the code during the preceding year
substantially meet all the requirements of the code; or
(B) the estimated excess energy use of new and
renovated buildings that did not meet the code during
the preceding year, compared to a baseline of
comparable buildings that meet the code, is not more
than 10 percent of the estimated energy use of all new
and renovated buildings covered by the code during the
preceding year.
(d) Failure To Meet Deadlines.--
(1) Reports.--A State that has not made a certification
required under subsection (b) or (c) by the applicable deadline
shall submit to the Secretary a report on--
(A) the status of the State with respect to
completing and submitting the certification; and
(B) a plan of the State for completing and
submitting the certification.
(2) Extensions.--The Secretary shall permit an extension of
an applicable deadline for a certification requirement under
subsection (b) or (c) for not more than 1 year if a State
demonstrates in the report of the State under paragraph (1)
that the State has made--
(A) a good faith effort to comply with the
requirements; and
(B) significant progress in complying with the
requirements, including by developing and implementing
a plan to achieve that compliance.
(3) Noncompliance by state.--Any State for which the
Secretary has not accepted a certification by a deadline
established under subsection (b) or (c), with any extension
granted under paragraph (2), shall be considered not in
compliance with this section.
(4) Compliance by local governments.--In any State that is
not in compliance with this section, a local government of the
State may comply with this section by meeting the certification
requirements under subsections (b) and (c).
(5) Annual compliance reports.--
(A) In general.--The Secretary shall annually
submit to Congress a report that contains, and publish
in the Federal Register, a list of--
(i) each State (including local governments
in a State, as applicable) that is in
compliance with the requirements of this
section; and
(ii) each State that is not in compliance
with those requirements.
(B) Inclusion.--For each State included on a list
described in subparagraph (A)(ii), the Secretary shall
include an estimate of--
(i) the increased energy use by buildings
in that State due to the failure of the State
to comply with this section; and
(ii) the resulting increase in energy costs
to individuals and businesses.
(e) Technical Assistance.--
(1) In general.--The Secretary shall provide technical
assistance (including building energy analysis and design
tools, building demonstrations, and design assistance and
training) to enable the national model building energy codes
and standards to meet the targets established under subsection
(a)(1).
(2) Assistance to states.--The Secretary shall provide
technical assistance to States to--
(A) implement this section, including procedures
for States to demonstrate that the codes of the States
achieve equivalent or greater energy savings than the
national model codes and standards;
(B) improve and implement State residential and
commercial building energy efficiency codes; and
(C) otherwise promote the design and construction
of energy efficient buildings.
(f) Availability of Incentive Funding.--
(1) In general.--The Secretary shall provide incentive
funding to States to--
(A) implement this section; and
(B) improve and implement State residential and
commercial building energy efficiency codes, including
increasing and verifying compliance with the codes.
(2) Factors.--In determining whether, and in what amount,
to provide incentive funding under this subsection, the
Secretary shall consider the actions proposed by the State to--
(A) implement this section;
(B) improve and implement residential and
commercial building energy efficiency codes; and
(C) promote building energy efficiency through the
use of the codes.
(3) Additional funding.--The Secretary shall provide
additional funding under this subsection for implementation of
a plan to achieve and document at least a 90 percent rate of
compliance with residential and commercial building energy
efficiency codes, based on energy performance--
(A) to a State that has adopted and is
implementing, on a statewide basis--
(i) a residential building energy
efficiency code that meets or exceeds the
requirements of the 2006 IECC, or any
succeeding version of that code that has
received an affirmative determination from the
Secretary under subsection (a)(2)(A)(i); and
(ii) a commercial building energy
efficiency code that meets or exceeds the
requirements of the ASHRAE/IES Standard 90.1-
2004, or any succeeding version of that
standard that has received an affirmative
determination from the Secretary under
subsection (a)(2)(A)(i); or
(B) in a State in which there is no statewide
energy code either for residential buildings or for
commercial buildings, to a local government that has
adopted and is implementing residential and commercial
building energy efficiency codes, as described in
subparagraph (A).
(4) Training.--Of the amounts made available under this
subsection, the Secretary may use to train State and local
officials to implement codes described in paragraph (3) at
least $500,000 for each fiscal year.
(5) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to carry out this subsection--
(i) $25,000,000 for each of fiscal years
2006 through 2010; and
(ii) such sums as are necessary for fiscal
year 2011 and each fiscal year thereafter.
(B) Limitation.--Funding provided to States under
paragraph (3) for each fiscal year shall not exceed \1/
2\ of the excess of funding under this subsection over
$5,000,000 for the fiscal year.
(g) Technical Correction.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended by adding at the end the
following:
``(17) IECC.--The term `IECC' means the International
Energy Conservation Code.''. | Requires the Secretary of Energy to facilitate the updating of national model building energy codes and standards at least every three years to achieve overall energy savings, compared to the 2006 International Energy Conservation Code (IECC) for residential buildings and ASHRAE/IES Standard 90.1 for commercial buildings, of at least 30% by 2015 and 50% by 2022. Requires the Secretary, if the 2022 target cannot be achieved using existing technology or would not be lifecycle effective, to establish a revised target that ensures the maximum level of energy efficiency in buildings that is technologically feasible and lifecycle cost effective.
Requires the Secretary: (1) to determine if a revision to the IECC or ASHRAE/IES Standard 90.1 will improve energy efficiency in buildings and meet such energy savings targets; and (2) if a code or standard does not meet the targets or if a code or standard is not updated for more than three years, to amend the IECC or ASHRAE/IES Standard 90.1 to establish a modified code or standard that meets the targets.
Requires the Secretary to provide notice and an opportunity to comment on the targets, determinations, and modified codes and standards.
Sets forth requirements for state certifications regarding the energy efficiency of, and compliance with, state residential and commercial building codes.
Requires the Secretary to provide: (1) technical assistance to enable the national model building energy codes and standards to meet the targets; (2) assistance to states to comply with this Act; and (3) incentive funding to states to improve and implement building energy efficiency codes. | {"src": "billsum_train", "title": "A bill to require updating of State building energy efficiency codes and standards."} | 2,415 | 336 | 0.775954 | 2.351159 | 0.871839 | 3.86711 | 7.481728 | 0.936877 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Comparative Study of
Vaccinated and Unvaccinated Populations Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Securing the health of the Nation's children is our
most important concern as parents and stewards of the Nation's
future.
(2) The Nation's vaccine program has greatly reduced human
suffering from infectious disease by preventing and reducing
the outbreak of vaccine-preventable diseases.
(3) Total health outcomes are the best measure of the
success of any public health effort, including security from
both chronic and infectious disease.
(4) Childhood immunizations are an important tool in the
pursuit of childhood health.
(5) The number of immunizations administered to infants,
pregnant women, children, teenagers, and adults has grown
dramatically over recent years.
(6) The incidence of chronic, unexplained diseases such as
autism, learning disabilities, and other neurological disorders
appears to have increased dramatically in recent years.
(7) Individual vaccines are tested for safety, but little
safety testing has been conducted for interaction effects of
multiple vaccines.
(8) The strategy of aggressive, early childhood
immunization against a large number of infectious diseases has
never been tested in its entirety against alternative
strategies, either for safety or for total health outcomes.
(9) Childhood immunizations are the only health
interventions that are required by States of all citizens in
order to participate in civic society.
(10) Public confidence in the management of public health
can only be maintained if these State government-mandated, mass
vaccination programs--
(A) are tested rigorously and in their entirety
against all reasonable safety concerns; and
(B) are verified in their entirety to produce
superior health outcomes.
(11) There are numerous United States populations in which
a practice of no vaccination is followed and which therefore
provide a natural comparison group for comparing total health
outcomes.
(12) No comparative study of such health outcomes has ever
been conducted.
(13) Given rising concern over the high rates of childhood
neurodevelopmental disorders such as autism, the need for such
studies is becoming urgent.
SEC. 3. STUDY ON HEALTH OUTCOMES IN VACCINATED AND UNVACCINATED
AMERICAN POPULATIONS.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') , acting through the
Director of the National Institutes of Health, shall conduct or support
a comprehensive study--
(1) to compare total health outcomes, including risk of
autism, in vaccinated populations in the United States with
such outcomes in unvaccinated populations in the United States;
and
(2) to determine whether vaccines or vaccine components
play a role in the development of autism spectrum or other
neurological conditions.
(b) Qualifications.--With respect to each investigator carrying out
the study under this section, the Secretary shall ensure that the
investigator--
(1) is objective;
(2) is qualified to carry out such study, as evidenced by
training experiences and demonstrated skill;
(3) is not currently employed by any Federal, State, or
local public health agency; and
(4) is not currently a member of a board, committee, or
other entity responsible for formulating immunization policy on
behalf of any Federal, State, or local public health agency or
any component thereof;
(5) has no history of a strong position on the thimerosal
controversy; and
(6) is not currently an employee of, or otherwise directly
or indirectly receiving funds from, a pharmaceutical company.
(c) Target Populations.--The Secretary shall seek to include in the
study under this section populations in the United States that have
traditionally remained unvaccinated for religious or other reasons,
such as Old Order Amish, members of clinical practices (such as the
Homefirst practice in Chicago) who choose alternative medical
practices, and practitioners of anthroposophic lifestyles.
(d) Timing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall issue a request for
proposals to conduct the study required by this section. Not later than
120 days after receipt of any such proposal, the Secretary shall
approve or disapprove the proposal. If the Secretary disapproves the
proposal, the Secretary shall provide the applicant involved with a
written explanation of the reasons for the disapproval. | Comprehensive Comparative Study of Vaccinated and Unvaccinated Populations Act of 2006 - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to conduct or support a comprehensive study to: (1) compare total health outcomes, including risk of autism, in vaccinated, U.S. populations with such outcomes in unvaccinated, U.S. populations; and (2) determine whether vaccines or vaccine components play a role in the development of autism spectrum or other neurological conditions.
Requires the Secretary to include in the study U.S. populations that have traditionally remained unvaccinated for religious or other reasons, members of clinical practices who choose alternative medical practices, and practitioners of anthroposophic lifestyles. | {"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to conduct or support a comprehensive study comparing total health outcomes, including risk of autism, in vaccinated populations in the United States with such outcomes in unvaccinated populations in the United States, and for other purposes."} | 954 | 168 | 0.507941 | 1.467252 | 0.857438 | 5.253846 | 6.984615 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preclearance Authorization Act of
2014''.
SEC. 2. DEFINITION.
In this Act, the term ``appropriate congressional committees''
means the Committee on Homeland Security and the Committee on Ways and
Means of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Finance of the
Senate.
SEC. 3. ESTABLISHMENT OF PRECLEARANCE OPERATIONS.
Pursuant to section 1629 of title 19, United States Code, and
subject to section 5, the Secretary of Homeland Security may establish
U.S. Customs and Border Protection preclearance operations in a foreign
country to--
(1) prevent terrorists, instruments of terrorism, and other
security threats from entering the United States;
(2) prevent inadmissible persons from entering the United
States;
(3) ensure merchandise destined for the United States
complies with applicable laws;
(4) ensure the prompt processing of persons eligible to
travel to the United States; and
(5) accomplish such other objectives as the Secretary
determines necessary to protect the United States.
SEC. 4. NOTIFICATION AND CERTIFICATION TO CONGRESS.
(a) Notification.--Not later than 180 days before entering into an
agreement with the government of a foreign country to establish U.S.
Customs and Border Protection preclearance operations in such foreign
country, the Secretary of Homeland Security shall provide to the
appropriate congressional committees the following:
(1) A copy of the proposed agreement to establish such
preclearance operations, including an identification of the
foreign country with which U.S. Customs and Border Protection
intends to enter into a preclearance agreement, and the
location at which such preclearance operations will be
conducted.
(2) An estimate of the date on which U.S. Customs and
Border Protection intends to establish preclearance operations
under such agreement.
(3) The anticipated funding sources for preclearance
operations under such agreement, and other funding sources
considered.
(4) An assessment of the impact such preclearance
operations will have on legitimate trade and travel, including
potential impacts on passengers traveling to the United States.
(5) A homeland security threat assessment for the country
in which such preclearance operations are to be established.
(6) An assessment of the impacts such preclearance
operations will have on U.S. Customs and Border Protection
domestic port of entry staffing.
(7) Information on potential economic, competitive, and job
impacts on United States air carriers associated with
establishing such preclearance operations.
(8) Information on the anticipated homeland security
benefits associated with establishing such preclearance
operations.
(9) Information on potential security vulnerabilities
associated with commencing such preclearance operations, and
mitigation plans to address such potential security
vulnerabilities.
(10) A U.S. Customs and Border Protection staffing model
for such preclearance operations, and plans for how such
positions would be filled.
(11) Information on the anticipated costs over the next
five fiscal years associated with commencing such preclearance
operations.
(12) A copy of the agreement referred to in subsection (a)
of section 5.
(13) Other factors that the Secretary of Homeland Security
determines to be necessary for Congress to comprehensively
assess the appropriateness of commencing such preclearance
operations.
(b) Certifications Relating to Preclearance Operations Established
at Airports.--In the case of an airport, in addition to the
notification requirements under subsection (a), not later than 90 days
before entering into an agreement with the government of a foreign
country to establish U.S. Customs and Border Protection preclearance
operations at an airport in such foreign country, the Secretary of
Homeland Security shall provide to the appropriate congressional
committees the following:
(1) A certification that preclearance operations under such
preclearance agreement would provide homeland security benefits
to the United States.
(2) A certification that preclearance operations within
such foreign country will be established under such agreement
only if--
(A) at least one United States passenger carrier
operates at such airport; and
(B) the access of all United States passenger
carriers to such preclearance operations is the same as
the access of any non-United States passenger carrier.
(3) A certification that the Secretary of Homeland Security
has considered alternative options to preclearance operations
and has determined that such options are not the most effective
means of achieving the objectives specified in section 3.
(4) A certification that the establishment of preclearance
operations in such foreign country will not significantly
increase customs processing times at United States airports.
(5) An explanation of other objectives that will be served
by the establishment of preclearance operations in such foreign
country.
(6) A certification that representatives from U.S. Customs
and Border Protection consulted publically with interested
parties, including providers of commercial air service in the
United States, employees of such providers, security experts,
and such other parties as the Secretary determines to be
appropriate, before entering into such an agreement with such
foreign government.
(7) A report detailing the basis for the certifications
referred to in paragraphs (1) through (6).
(c) Modification of Existing Agreements.--Not later than 30 days
before substantially modifying a preclearance agreement with the
government of a foreign country in effect as of the date of the
enactment of this Act, the Secretary of Homeland Security shall provide
to the appropriate congressional committees a copy of the proposed
agreement, as modified, and the justification for such modification.
(d) Remediation Plan.--
(1) In general.--The Commissioner of U.S. Customs and
Border Protection shall monthly measure the average customs
processing time to enter the 25 United States airports that
support the highest volume of international travel (as
determined by available Federal passenger data) and provide to
the appropriate congressional committees such measurements.
(2) Assessment.--Based on the measurements described in
paragraph (1), the Commissioner of U.S. Customs and Border
Protection shall quarterly assess whether the average customs
processing time referred to in such paragraph significantly
exceeds the average customs processing time to enter the United
States through a prclearance operation.
(3) Submission.--Based on the assessment conducted under
paragraph (2), if the Commissioner of U.S. Customs and Border
Protection determines that the average customs processing time
referred to in paragraph (1) significantly exceeds the average
customs processing time to enter the United States through a
preclearance operation described in paragraph (2), the
Commissioner shall, not later than 60 days after making such
determination, provide to the appropriate congressional
committees a remediation plan for reducing such average customs
processing time referred to in paragraph (1).
(4) Implementation.--Not later than 30 days after
submitting the remediation plan referred to in paragraph (3),
the Commissioner of United States Customs and Border Protection
shall implement those portions of such plan that can be carried
out using existing resources, excluding the transfer of
personnel.
(5) Suspension.--If the Commissioner of U.S. Customs and
Border Protection does not submit the remediation plan referred
to in paragraph (3) within 60 days in accordance with such
paragraph, the Commissioner may not, until such time as such
remediation plan is submitted, conduct any negotiations
relating to preclearance operations at an airport in any
country or commence any such preclearance operations.
(6) Stakeholder recommendations.--The remediation plan
described in paragraph (3) shall consider recommendations
solicited from relevant stakeholders.
(e) Classified Report.--The assessment required pursuant to
subsection (a)(5) and the report required pursuant to subsection (b)(7)
may be submitted in classified form if the Secretary of Homeland
Security determines that such is appropriate.
SEC. 5. AVIATION SECURITY SCREENING AT PRECLEARANCE AIRPORTS.
(a) Aviation Security Standards Agreement.--Prior to the
commencement of preclearance operations at an airport in a foreign
country under this Act, the Administrator of the Transportation
Security Administration shall enter into an agreement with the
government of such foreign country that delineates and requires the
adoption of aviation security screening standards that are determined
by the Administrator to be comparable to those of the United States.
(b) Aviation Security Rescreening.--If the Administrator of the
Transportation Security Administration determines that the government
of a foreign country has not maintained security standards and
protocols comparable to those of the United States at airports at which
preclearance operations have been established in accordance with an
agreement entered into pursuant to subsection (a), the Administrator
shall require the rescreening in the United States by the
Transportation Security Administration of passengers and their property
before such passengers may deplane into sterile areas of airports in
the United States.
(c) Selectees.--Any passenger who is determined to be a selectee
based on a check against a terrorist watch list and arrives on a flight
originating from a foreign airport at which preclearance operations
have been established in accordance with an agreement entered into
pursuant to subsection (a), shall be required to undergo security
rescreening by the Transportation Security Administration before being
permitted to board a domestic flight in the United States.
SEC. 6. LOST AND STOLEN PASSPORTS.
The Secretary of Homeland Security may not enter into or renew an
agreement with the government of a foreign country to establish or
maintain U.S. Customs and Border Protection preclearance operations at
an airport in such foreign country unless such government certifies--
(1) that it routinely submits information about lost and
stolen passports of its citizens and nationals to INTERPOL's
Stolen and Lost Travel Document database; or
(2) makes available to the United States Government such
information through another comparable means of reporting.
SEC. 7. EFFECTIVE DATE.
Except for subsection (c) of section 4, this Act shall apply only
to the establishment of preclearance operations in a foreign country in
which no preclearance operations have been established as of the date
of the enactment of this Act.
Passed the House of Representatives July 8, 2014.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on July 3, 2014. Preclearance Authorization Act of 2014 - (Sec. 3) Authorizes the Secretary of Homeland Security (DHS) to establish U.S. Customs and Border Protection (CBP) preclearance operations in a foreign country to: prevent terrorists, instruments of terrorism, and other security threats from entering the United States; prevent inadmissible persons from entering the United States; ensure merchandise destined for the United States complies with applicable U.S. customs laws; and ensure the prompt processing of persons eligible to travel to the United States. (Sec. 4) Requires the Secretary to: (1) notify Congress not later than 180 days before entering into an agreement with a foreign country to establish CBP preclearance operations there, and (2) make certain certifications to Congress not later than 90 days before entering into an agreement to establish CBP preclearance operations at an airport in a foreign country. Directs the CBP Commissioner to: measure monthly the average customs processing time to enter the 25 U.S. airports with the highest volume of international travel; quarterly assess whether the average customs processing time for those airports significantly exceeds the average customs processing time to enter the United States through a preclearance operation; and provide Congress with a remediation plan for reducing that time in the event of an affirmative assessment. (Sec. 5) Directs the Administrator of the Transportation Security Administration (TSA), before commencement of CBP preclearance operations at an airport in a foreign country, to enter into an agreement requiring the country to adopt aviation security screening standards comparable to those of the United States. Directs the Administrator to require TSA rescreening in the United States of passengers and their property before they may deplane into sterile areas of U.S. airports if they have come from an airport in a foreign country that has failed to maintain security standards and protocols according to such an agreement. Requires TSA rescreening also, before being permitted to board a domestic flight in the United States, of any passenger on a flight originating from a foreign airport with preclearance operations who is a selectee based on a check against a terrorist watch list. (Sec. 6) Prohibits the Secretary from entering into or renewing an agreement with a foreign country to establish or maintain CBP preclearance operations at an airport in that country unless it certifies that it: routinely submits information about lost and stolen passports of its citizens and nationals to INTERPOL's Stolen and Lost Travel Document database, or makes such information available to the United States through another comparable means of reporting. | {"src": "billsum_train", "title": "Preclearance Authorization Act of 2014"} | 2,198 | 613 | 0.687256 | 2.402702 | 0.72045 | 4.195519 | 4.09776 | 0.912424 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buy American Improvement Act of
2007''.
SEC. 2. REQUIREMENTS FOR WAIVERS.
(a) In General.--Section 2 of the Buy American Act (41 U.S.C. 10a)
is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) In General.--Notwithstanding''; and
(2) by adding at the end the following:
``(b) Special Rules.--The following rules shall apply in carrying
out the provisions of subsection (a):
``(1) Public interest waiver.--A determination that it is
not in the public interest to enter into a contract in
accordance with this Act may not be made after a notice of
solicitation of offers for the contract is published in
accordance with section 18 of the Office of Federal Procurement
Policy Act (41 U.S.C. 416) and section 8(e) of the Small
Business Act (15 U.S.C. 637(e)).
``(2) Domestic bidder.--A Federal agency entering into a
contract shall give preference to a company submitting an offer
on the contract that manufactures in the United States the
article, material, or supply for which the offer is solicited,
if--
``(A) that company's offer is substantially the
same as an offer made by a company that does not
manufacture the article, material, or supply in the
United States; or
``(B) that company is the only company that
manufactures in the United States the article,
material, or supply for which the offer is solicited.
``(3) Use outside the united states.--
``(A) In general.--Subsection (a) shall apply
without regard to whether the articles, materials, or
supplies to be acquired are for use outside the United
States if the articles, materials, or supplies are not
needed on an urgent basis or if they are acquired on a
regular basis.
``(B) Cost analysis.--In any case in which the
articles, materials, or supplies are to be acquired for
use outside the United States and are not needed on an
urgent basis, before entering into a contract an
analysis shall be made of the difference in the cost of
acquiring the articles, materials, or supplies from a
company manufacturing the articles, materials, or
supplies in the United States (including the cost of
shipping) and the cost of acquiring the articles,
materials, or supplies from a company manufacturing the
articles, materials, or supplies outside the United
States (including the cost of shipping).
``(4) Domestic availability.--The head of a Federal agency
may not make a determination under subsection (a) that an
article, material, or supply is not mined, produced, or
manufactured, as the case may be, in the United States in
sufficient and reasonably available commercial quantities and
of satisfactory quality, unless the head of the agency has
conducted a study and, on the basis of such study, determined
that--
``(A) domestic production cannot be initiated to
meet the procurement needs; and
``(B) a comparable article, material, or supply is
not available from a company in the United States.
``(c) Reports.--
``(1) In general.--Not later than 180 days after the end of
each of fiscal years 2007 through 2011, the head of each
Federal agency shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives a report on the amount of the acquisitions made
by the agency in that fiscal year of articles, materials, or
supplies purchased from entities that manufacture the articles,
materials, or supplies outside of the United States.
``(2) Contents of report.--The report required by paragraph
(1) shall separately include, for the fiscal year covered by
such report--
``(A) the dollar value of any articles, materials,
or supplies that were manufactured outside the United
States;
``(B) an itemized list of all waivers granted with
respect to such articles, materials, or supplies under
this Act, and a citation to the treaty, international
agreement, or other law under which each waiver was
granted;
``(C) if any articles, materials, or supplies were
acquired from entities that manufacture articles,
materials, or supplies outside the United States, the
specific exception under this section that was used to
purchase such articles, materials, or supplies; and
``(D) a summary of--
``(i) the total procurement funds expended
on articles, materials, and supplies
manufactured inside the United States; and
``(ii) the total procurement funds expended
on articles, materials, and supplies
manufactured outside the United States.
``(3) Public availability.--The head of each Federal agency
submitting a report under paragraph (1) shall make the report
publicly available to the maximum extent practicable.
``(4) Exception for intelligence community.--This
subsection shall not apply to acquisitions made by an agency,
or component thereof, that is an element of the intelligence
community as specified in, or designated under, section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).''.
(b) Definitions.--Section 1 of the Buy American Act (41 U.S.C. 10c)
is amended by adding at the end the following:
``(c) Federal Agency.--The term `Federal agency' means any
executive agency (as defined in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1))) or any establishment in the
legislative or judicial branch of the Federal Government.
``(d) Substantially All.--Articles, materials, or supplies shall be
treated as made substantially all from articles, materials, or supplies
mined, produced, or manufactured in the United States, if the cost of
the domestic components of such articles, materials, or supplies
exceeds 75 percent of the total cost of all components of such
articles, materials, or supplies.''.
(c) Conforming Amendments.--
(1) Section 2 of the Buy American Act (41 U.S.C. 10a) is
amended by striking ``department or independent establishment''
and inserting ``Federal agency''.
(2) Section 3 of such Act (41 U.S.C. 10b) is amended--
(A) in subsection (a), by striking ``department or
independent establishment'' and inserting ``Federal
agency''; and
(B) in subsection (b), by striking ``department,
bureau, agency, or independent establishment'' and
inserting ``Federal agency''.
(3) Section 633 of the National Military Establishment
Appropriation Act, 1950 (41 U.S.C. 10d) is amended by striking
``department or independent establishment'' and inserting
``Federal agency''.
SEC. 3. GAO REPORT AND RECOMMENDATIONS.
(a) Report on Scope of Waivers.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall report to Congress recommendations to be used in
determining, for purposes of applying the waiver provision of section
2(a) of the Buy American Act, as redesignated by section 2(a) of this
Act, whether acquiring articles, materials, and supplies mined,
produced, or manufactured in the United States would--
(1) involve unreasonable cost; or
(2) be inconsistent with the public interest.
(b) Recommendations.--The report described in subsection (a) shall
include recommendations--
(1) for a statutory definition of unreasonable cost and for
standards for determining inconsistency with the public
interest; and
(2) for establishing procedures for applying the waiver
provisions of the Buy American Act that can be consistently
applied. | Buy American Improvement Act of 2007 - Amends the Buy American Act to: (1) prohibit federal agencies from determining that it would not be in the public interest to enter into a contract subject to Buy American requirements after a solicitation of offers notice for such contract is published; and (2) apply Buy American requirements without regard to whether products to be acquired are for use outside the United States if they are not needed on an urgent basis or if they are acquired on a regular basis. Requires before a contract is entered in the latter type of case an analysis of the difference in costs of such products from manufacturers inside and outside the United States.
Requires federal agencies to: (1) give preference in the procurement process to a company that manufactures the solicited product in the United States, if such company's bid is substantially the same as a bid made by a non-U.S. manufacturer, or such company is the only one that manufactures the product in the United States; and (2) report for FY2007-FY2011 to specified congressional committees on the amount of agency acquisitions from entities that manufacture products outside the United States (excepts intelligence agencies).
Prohibits an agency head from determining that articles to be procured are not available from domestic sources without first determining that domestic production cannot be initiated to meet procurement needs, and that a comparable product is not available from a company in the United States.
Defines a product as made "substantially all" from domestic components when the cost of the product's domestic components exceeds 75% of the cost of all the product's components.
Requires the Comptroller General to report to Congress with recommendations for determining whether an acquisition would involve unreasonable cost and be inconsistent with the public interest for purposes of applying waivers of Buy American requirements. | {"src": "billsum_train", "title": "A bill to amend the Buy American Act to increase the requirement for American-made content, to tighten the waiver provisions, and for other purposes."} | 1,757 | 392 | 0.61055 | 1.948265 | 0.910108 | 2.921739 | 4.698551 | 0.852174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voting Integrity and Verification
Act of 2007''.
SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH
PRESERVATION OF A VOTER-VERIFIED PERMANENT PAPER RECORD.
(a) In General.--Section 301 of the Help America Vote Act of 2002
(42 U.S.C. 15481) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Additional Requirements for Voting Systems Purchased After
2012.--In addition to the requirements of subsection (a), each voting
system purchased after December 31, 2012, and used in an election for
Federal office shall meet the following requirements:
``(1) Individual permanent paper record.--The voting system
shall produce an individual permanent paper record for each
ballot that is cast.
``(2) Verification.--
``(A) In general.--In lieu of the requirements of
subsection (a)(1), the voting system shall--
``(i) permit the voter to verify the
accuracy of the voter's ballot (in a private
and independent manner), by allowing the voter
to review an individual paper version of the
voter's ballot before the voter's ballot is
cast and counted;
``(ii) provide the voter with the
opportunity (in a private and independent
manner) to change the ballot and correct any
error discovered on the individual paper
version of the voter's ballot before the ballot
is cast and counted (including the opportunity
to correct the error through the issuance of a
replacement ballot if the voter was otherwise
unable to change the ballot or correct any
error); and
``(iii)(I) preserve the individual paper
version of the voter's ballot, after the voter
has certified that the same accurately reflects
the voter's intent, as the individual permanent
paper record; and
``(II) preserve such individual permanent
paper record in accordance with the provisions
of paragraph (3)(B); and
``(iv) meet the requirement of
subparagraphs (A)(iii) and (C) of subsection
(a)(1).
``(B) Readability requirements for machine-marked
or printed paper ballots.--All voter verified paper
ballots marked or printed through the use of a marking
or printing device shall be clearly readable by the
naked eye and by a scanner or other device equipped for
voters with disabilities so that a voter is able to
verify the accuracy of such ballots via both visual and
non-visual means.
``(3) Manual audit capacity.--In lieu of the requirements
of subsection (a)(2)(B):
``(A) In general.--Each individual paper record
produced under paragraph (1) shall be suitable for a
manual audit equivalent or superior to that of a paper
ballot voting system.
``(B) Preservation.--The voting system shall
preserve each individual permanent paper record--
``(i) within the polling place in the
manner in which all other paper ballots are
preserved within such polling place; or
``(ii) in the absence of such manner or
method, in a manner which is consistent with
the manner employed by the jurisdiction for
preserving paper ballots in general.
``(C) Consistency with other records.--All
electronic records produced by any voting system shall
be consistent with the individual permanent paper
records produced by such voting system. In the event of
any inconsistencies or irregularities between any
electronic records and the individual permanent paper
records, the individual permanent paper records shall
be the true and correct record of the votes cast.
``(D) Use as official records.--The individual
permanent paper records shall be used as the official
records for purposes of any recount or audit conducted
with respect to any election for Federal office in
which the voting system is used.
``(4) Accessibility for individuals with disabilities.--The
voting system shall--
``(A) meet the requirement of subsection (a)(3)(A)
through the use of at least one voting system that is
fully accessible for individuals with disabilities at
each polling place; and
``(B) meet the requirements of subsection (a)(3)(A)
and paragraph (2)(A) by using a system that--
``(i) allows the voter to privately and
independently verify the content of the
permanent paper ballot through the conversion
of the human readable content of the vote
selections into accessible form;
``(ii) ensures that the entire process of
ballot verification and vote casting is
equipped for individuals with disabilities; and
``(iii) does not preclude the supplementary
use of Braille or tactile ballots.''.
SEC. 3. AWARD PROGRAM FOR DEVELOPMENT OF ACCESSIBLE VOTING SYSTEMS.
(a) Definitions.--In this section:
(1) Institute.--The term ``Institute'' means the National
Institute of Standards and Technology.
(2) Director.--The term ``Director'' means the Director of
the Institute.
(3) Voting system.--The term ``voting system'' has the
meaning given such term by section 301(b) of the Help America
Vote Act of 2002 (42 U.S.C. 15481(b)).
(b) Establishment of Program.--
(1) In general.--The Director shall establish a program to
competitively award cash prizes to eligible persons that
advance the research, development, demonstration, and
application of voting systems which are specifically designed
to enhance accessibility and provide independence for persons
with disabilities during the voting process.
(2) Advertising and solicitation of competitors.--
(A) Advertising.--The Director shall widely
advertise prize competitions to encourage broad
participation, including participation by individuals,
universities, and large and small businesses.
(B) Announcement through federal register notice.--
The Director shall announce each prize competition by
publishing a notice in the Federal Register. This
notice shall include the subject of the competition,
the duration of the competition, the eligibility
requirements for participation in the competition, the
process for participants to register for the
competition, the amount of the prize, and the criteria
for awarding the prize.
(3) Administration of competitions.--The Director shall
enter into an agreement with a private, nonprofit entity for
the administration of the prize competitions.
(c) Prize Competitions.--
(1) In general.--The program established under paragraph
(1) shall consist of competitions for the development of
technology designed for persons with the following
classifications of disabilities:
(A) Hearing.
(B) Visual.
(C) Manual, tactile, and mobility.
(D) A combination of the disabilities described in
subparagraphs (A), (B), and (C).
(2) Cash prizes.--
(A) In general.--Prizes shall be awarded by the
judges appointed under paragraph (4) based on the
criteria under paragraph (3).
(B) Authority to not award prize.--If the judges
determine that no registered participants meets the
objective performance criteria established pursuant to
paragraph (3), no prize shall be awarded.
(C) Limitation on amount and number of prizes.--No
more than 2 prizes may be awarded for any competition
and the amount of any prize shall not exceed
$1,000,000.
(3) Criteria.--
(A) In general.--The Director shall develop
criteria for awarding prizes under this section such
that prizes are based on the functionality and
usability of a prototype accessible voting machine.
(B) Requirements.--The criteria developed under
subparagraph (A) shall--
(i) take into account the challenges voters
with disabilities face during the voting
process, including--
(I) the need of voters with manual
disabilities to be able to use
prosthetics and personal assistive
devices during the voting process
without electromagnetic interference;
(II) the challenges facing voters
with visual impairments and the best
means to accommodate those voters,
including, the need for voters to
manually adjust font size (to account
for persons with poor vision and tunnel
vision), color content, and contrast
for electronic voting machines;
(III) the need of voters to use
various voter system interfaces such as
synchronized audio output that allows
the voter to adjust the rate of speech,
the audiofrequency, and volume of the
audio interface and which provides that
such setting shall reset to a standard
default for each voter;
(IV) the need of voters to
simultaneously use a tactile interface
that permits the voter to rewind,
repeat, pause, and skip any audio cues,
presentations, and ballot measures;
(V) the need of voters who rely on
mobility aids, such as wheelchairs, to
adjust the height of a voting system
and to be able to see any visual cues
or prompts from a seated position; and
(VI) the need of voters with
cognitive disabilities including using
visual and audio cues simultaneously;
(ii) require that any prototype accessible
voting machine entered into the prize
competition allows voters with disabilities to
independently verify the accuracy of the ballot
cast on the voting system; and
(iii) be designed to--
(I) stimulate innovation in the
development and design of accessible
voting systems in a way that Federal
procurement standards cannot;
(II) help overcome traditional
obstacles in the design of accessible
voting systems;
(III) educate, inspire, and
motivate the public to participate in
the process of developing and designing
accessible voting systems; and
(IV) enhance the accessibility and
independence of the voting process.
(C) Consultation with other entities.--In
establishing the criteria under subparagraph (A), the
Director shall consult--
(i) with various disability rights groups
with special knowledge concerning the
challenges facing persons with disabilities in
each of the classifications in subparagraphs
(A), (B), and (C) of paragraph (1);
(ii) with other Federal agencies,
including--
(I) the Election Assistance
Commission; and
(II) the National Science and
Technology Council; and
(iii) with private organizations, including
professional societies and industry
associations.
(4) Judges.--
(A) In general.--For each prize competition the
Director shall appoint a panel of qualified judges.
Such panel shall include individuals from outside the
Institute and from the private sector.
(B) Disqualification.--A judge may not--
(i) have personal or financial interests
in, or be an employee, officer, director, or
agent of, any entity that is participating in
the prize competition; or
(ii) have a familial or financial
relationship with an individual who is
participating in the prize competition.
(d) Eligibility.--An person is eligible to win a prize under this
section if--
(1)(A) in the case of a corporation, such person is
incorporated and maintains a primary place of business the
United States; and
(B) in the case of an individual or partnership, such
individual, or each such individual in the partnership, is a
citizen of the United States or an alien lawfully admitted for
permanent residence in the United States;
(2) such person is not an employee or entity of the United
States or an laboratory accredited under section 231 of the
Help America Vote Act of 2002 (42 U.S.C. 15371); and
(3) such person registers for the competition by submitting
an application containing such information as the Director may
require.
(e) Trade Secrets.--The Director shall, to the extent possible,
protect any trade secrets or proprietary information related to any
submission for a competition under this section.
(f) Termination.--No prizes shall be awarded under this section for
competitions announced after September 30, 2010.
(g) Authorization of Appropriations.--
(1) In general.--
(A) Awards.--There are authorized to be
appropriated to the Director $2,000,000 for each of the
fiscal years 2008, 2009, and 2010 for the purpose of
awarding prizes in competitions pursuant to this
section.
(B) Administration.--In addition to the amounts
authorized in subparagraph (A), there are authorized to
be appropriated to the Director $1,000,000 for each of
fiscal years 2008, 2009, and 2010 for the
administrative costs of carrying out this section.
(2) Carryover of funds.--Funds appropriated for prize
awards under this section shall remain available until
expended, and may be transferred, reprogrammed, or expended for
other purposes only after the expiration of 10 fiscal years
after the fiscal year for which the funds were originally
appropriated. | Voting Integrity and Verification Act of 2007 - Amends the Help America Vote Act of 2002 to require each voting system purchased after December 31, 2012, and used in an election for federal office to produce an individual permanent paper record for each ballot that is cast.
Requires the Director of the National Institute of Standards and Technology to establish a program to award cash prizes competitively to eligible persons that advance the research, development, demonstration, and application of voting systems which are specifically designed to enhance accessibility and provide independence for persons with disabilities during the voting process. | {"src": "billsum_train", "title": "A bill to amend the Help America Vote Act of 2002 to require new voting systems to provide a voter-verified permanent record, to develop better accessible voting machines for individuals with disabilities, and for other purposes."} | 2,752 | 119 | 0.542251 | 1.376902 | 0.66324 | 6.64486 | 24.261682 | 0.981308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securities Litigation Attorney
Accountability and Transparency Act''.
SEC. 2. DISCLOSURES OF PAYMENTS, FEE ARRANGEMENTS, CONTRIBUTIONS, AND
OTHER POTENTIAL CONFLICTS OF INTEREST BETWEEN PLAINTIFF
AND ATTORNEYS.
(a) Securities Exchange Act of 1934.--Section 21D(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)) is amended by
adding at the end the following:
``(10) Disclosures regarding payments.--
``(A) Sworn certifications required.--
``(i) In general.--In any private action
arising under this title, each plaintiff and
any attorney for such plaintiff shall provide
sworn certifications, which shall--
``(I) be personally signed by such
plaintiff and each such attorney,
respectively;
``(II) be filed with the complaint;
and
``(III) identify any direct or
indirect payment, or promise of any
payment, by such attorney, or any
person affiliated with such attorney,
to such plaintiff, or any person
affiliated with such plaintiff, beyond
the pro rata share of any recovery
received by the plaintiff, except as
ordered or approved by the court in
accordance with paragraph (4).
``(ii) Court actions.--Upon disclosure of
any payment or promise of payment described in
clause (i), the court shall disqualify the
attorney from representing the plaintiff.
``(B) Definition.--For purposes of this paragraph,
the term `payment' includes the transfer of money and
any other thing of value, including the provision of
services, other than representation of the plaintiff in
the private action arising under this title.
``(11) Disclosures regarding legal representations.--
``(A) In general.--In any private action arising
under this title, each plaintiff and any attorney for
such plaintiff shall provide sworn certifications,
which shall--
``(i) be personally signed by such
plaintiff and each such attorney, respectively;
``(ii) be filed with the complaint; and
``(iii) identify the nature and terms of
any legal representation provided by such
attorney, or any person affiliated with such
attorney, to such plaintiff, or any person
affiliated with such plaintiff, other than the
representation of the plaintiff in the private
action arising under this title.
``(B) Court actions.--The court--
``(i) may allow certifications under
subparagraph (A) to be made under seal;
``(ii) shall review such certifications to
determine whether cause exists to believe that
the nature or terms of the fee arrangement for
any other matter influenced the selection and
retention of counsel in the private action
arising under this title;
``(iii) may conduct a factual inquiry or
refer the question to a magistrate, if the
court makes a finding described in clause (ii);
and
``(iv) shall disqualify the attorney from
representing the plaintiff in any action
arising under this title, if the court finds,
after such inquiry, that the nature or terms of
the fee arrangement for any other matter
influenced the selection and retention of
counsel in any such action.
``(12) Disclosures regarding contributions.--In any private
action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall--
``(A) be personally signed by such plaintiff and
each such attorney, respectively;
``(B) be filed with the complaint; and
``(C) identify any contribution made during the 5-
year period preceding the date of filing of the
complaint by such attorney, any person affiliated with
such attorney, or any political action committee
controlled by such attorney, to any elected official
with real or apparent authority to retain counsel for
such plaintiff or to select or appoint, influence the
selection or appointment of, or oversee any individual
or group of individuals with that authority.''.
(b) Securities Act of 1933.--Section 27(a) of the Securities Act of
1933 (15 U.S.C. 77z-1(a)) is amended by adding at the end the
following:
``(9) Disclosures regarding payments.--
``(A) Sworn certifications required.--
``(i) In general.--In any private action
arising under this title, each plaintiff and
any attorney for such plaintiff shall provide
sworn certifications, which shall--
``(I) be personally signed by such
plaintiff and each such attorney,
respectively;
``(II) be filed with the complaint;
and
``(III) identify any direct or
indirect payment, or promise of any
payment, by such attorney, or any
person affiliated with such attorney,
to such plaintiff, or any person
affiliated with such plaintiff, beyond
the pro rata share of any recovery
received by the plaintiff, except as
ordered or approved by the court in
accordance with paragraph (4).
``(ii) Court actions.--Upon disclosure of
any payment or promise of payment described in
clause (i), the court shall disqualify the
attorney from representing the plaintiff.
``(B) Definition.--For purposes of this paragraph,
the term `payment' shall include the transfer of money
and any other thing of value, including the provision
of services, other than representation of the plaintiff
in the private action arising under this title.
``(10) Disclosures regarding legal representations.--
``(A) In general.--In any private action arising
under this title, each plaintiff and any attorney for
such plaintiff shall provide sworn certifications,
which shall--
``(i) be personally signed by such
plaintiff and each such attorney, respectively;
``(ii) be filed with the complaint; and
``(iii) identify the nature and terms of
any legal representation provided by such
attorney, or any person affiliated with such
attorney, to such plaintiff, or any person
affiliated with such plaintiff, other than the
representation of the plaintiff in the private
action arising under this title.
``(B) Court actions.--The court--
``(i) may allow certifications under
subparagraph (A) to be made under seal;
``(ii) shall review such certifications to
determine whether cause exists to believe that
the nature or terms of the fee arrangement for
any other matter influenced the selection and
retention of counsel in the private action
arising under this title;
``(iii) may conduct a factual inquiry or
refer the question to a magistrate, if the
court makes a finding described in clause (ii);
and
``(iv) shall disqualify the attorney from
representing the plaintiff in any action
arising under this title, if the court finds,
after such inquiry, that the nature or terms of
the fee arrangement for any other matter
influenced the selection and retention of
counsel in the private action arising under
this title.
``(11) Disclosures regarding contributions.--In any private
action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall--
``(A) be personally signed by such plaintiff and
each such attorney, respectively;
``(B) be filed with the complaint; and
``(C) identify any contribution made during the 5-
year period preceding the date of filing of the
complaint by such attorney, any person affiliated with
such attorney, or any political action committee
controlled by such attorney, to any elected official
with real or apparent authority to retain counsel for
such plaintiff or to select or appoint, influence the
selection or appointment of, or oversee any individual
or group of individuals with that authority.''.
SEC. 3. SELECTION OF LEAD COUNSEL.
(a) Securities Exchange Act of 1934.--Section 21D(a)(3)(B)(v) of
the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)(3)(B)(v)) is
amended by adding at the end the following: ``In exercising the
discretion of the court over the approval of lead counsel, the court
shall employ a competitive bidding process as one of the criteria in
the selection and retention of counsel for the most adequate plaintiff,
unless the court determines on the record that such a process is not
feasible.''.
(b) Securities Act of 1933.--Section 27(a)(3)(B)(v) of the
Securities Act of 1933 (15 U.S.C. 77z-1(a)(3)(B)(v)) is amended by
adding at the end the following: ``In exercising the discretion of the
court over the approval of lead counsel, the court shall employ a
competitive bidding process as one of the criteria in the selection and
retention of counsel for the most adequate plaintiff, unless the court
determines on the record that such a process is not feasible.''.
SEC. 4. STUDY OF AVERAGE HOURLY FEES IN SECURITIES CLASS ACTIONS.
(a) Study and Review Required.--The Comptroller General of the
United States (in this section referred to as the ``Comptroller
General'') shall conduct a study and review of fee awards to lead
counsel in securities class actions during the 7-year period preceding
the date of enactment of this Act, to determine the effective average
hourly rate for lead counsel in such actions. Such study and review
shall also consider lead counsel perquisites, including travel and
accommodation.
(b) Report Required.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Committee on Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of Representatives on
the results of the study and review required by this section. The
Comptroller General shall submit an updated report every 3 years
thereafter.
(c) Definition.--For purposes of this section, the term
``securities class action'' means a private class action arising under
the Securities Act of 1933 (15 U.S.C. 77 et seq.) or the Securities
Exchange Act of 1934 (15 U.S.C. 78 et seq.) that is brought as a
plaintiff class action pursuant to the Federal Rules of Civil
Procedure. | Securities Litigation Attorney Accountability and Transparency Act - Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to require plaintiff and plaintiff's attorney in any private securities class action to disclose in sworn certifications filed with the complaint: (1) any direct or indirect payment, or promise of such, by the attorney (or an affiliated person) to the plaintiff (or any affiliated person), beyond the pro rata share of any recovery received by the plaintiff; (2) the nature and terms of any legal representation provided by such attorney (or an affiliated person) to such plaintiff (or an affiliated person), other than the representation of the plaintiff in the private action; and (3) any contribution made during the five-year period preceding the filing date of the complaint by such attorney (or an affiliated person) or any political action committee controlled by such attorney, to any elected official with real or apparent authority to retain counsel for such plaintiff or to select or appoint, influence the selection or appointment of, or oversee any individual or group of individuals with that authority. Requires the court, in exercising its discretion over the approval of lead counsel, to employ a competitive bidding process as one of the criteria in the selection and retention of counsel for the most adequate plaintiff in a class action, unless the court determines on the record that such a process is not feasible. Directs the Comptroller General to: (1) study fee awards to lead counsel in securities class actions during the seven-year period preceding the enactment of this Act; and (2) determine the effective average hourly rate for lead counsel in such actions, including lead counsel perquisites such as travel and accommodation. | {"src": "billsum_train", "title": "Securities Litigation Attorney Accountability and Transparency Act"} | 2,305 | 356 | 0.650804 | 2.206663 | 0.866545 | 4.917933 | 6.331307 | 0.972644 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sell Fuel Efficient Cars Act of
2008''.
SEC. 2. PASSENGER AUTOMOBILE TRADE-IN PROGRAM.
(a) Definitions.--In this section:
(1) Automobile, fuel, manufacturer, passenger automobile.--
The terms ``automobile'', ``fuel'', ``manufacturer'', and
``passenger automobile'' have the meaning given such terms in
section 32901 of title 49, United States Code.
(2) Eligible individual.--The term ``eligible individual''
means an individual--
(A) who does not have more than 3 passenger
automobiles registered under his or her name;
(B) who filed a return of Federal income tax for a
taxable year beginning in 2007, and, if married for
such taxable year (as determined under section 7703 of
the Internal Revenue Code of 1986), filed a joint
return;
(C) who is not an individual with respect to whom a
deduction under section 151 of the Internal Revenue
Code of 1986 is allowable to another taxpayer for a
taxable year beginning in the calendar year in which
the individual's taxable year begins;
(D) whose adjusted gross income reported in such
return was not more than $25,000 ($40,000 in the case
of a joint tax return or a return filed by a head of
household (as defined in section 2(b) of the Internal
Revenue Code of 1986));
(E) who has not acquired an automobile under the
Program; and
(F) who did not file such return jointly with
another individual who has acquired an automobile under
the Program.
(3) Eligible new automobile.--
(A) In general.--The term ``eligible new
automobile'', with respect to a trade of an eligible
old automobile by an eligible individual under the
Program, means a passenger automobile that--
(i) has never been registered in any
jurisdiction;
(ii) was manufactured by an automobile
manufacturer that has--
(I) operations in the United
States, the failure of which would have
a systemic adverse effect on the
overall economy of the United States or
a significant loss of United States
jobs, as determined by the Secretary;
and
(II) operated a manufacturing
facility that produced automobiles or
automobile components in the United
States throughout the 20-year period
ending on the date of the enactment of
this Act;
(iii) was assembled in the United States;
and
(iv) has a fuel economy that--
(I) is not less than 25 miles per
gallon, as determined by the
Administrator of the Environmental
Protection Agency using the 5-cycle
fuel economy measurement methodology of
such Agency; and
(II) has a fuel economy that is
more than 4.9 miles per gallon greater
than the fuel economy of such eligible
old automobile, as determined by the
Administrator using the 2-cycle fuel
economy measurement methodology of such
Agency for both automobiles.
(B) Fuel economy testing methodologies.--If a
passenger automobile described in subclause (I) or (II)
of subparagraph (A)(iv) has not been measured using the
respective methodologies described such subclauses, the
Administrator may estimate what such measurement would
be if the Administrator were to use the respective
methodology for purposes of determining the fuel
economy under such subclauses.
(4) Eligible old automobile.--The term ``eligible old
automobile'', with respect to a trade for an eligible new
automobile by an eligible individual under the Program, means a
passenger automobile that--
(A) is operable;
(B) was first registered in any jurisdiction by any
person not less than 10 years before the date on which
such trade is initiated;
(C) is registered under such eligible individual's
name on the date on which such trade is initiated; and
(D) was registered under such eligible individual's
name before December 1, 2008.
(5) Fuel economy.--The term ``fuel economy'' means the
average number of miles traveled by an automobile for each
gallon of gasoline (or equivalent amount of other fuel) used,
as determined by the Administrator of the Environmental
Protection Agency.
(6) Program.--The term ``Program'' means the Passenger
Automobile Trade-In Program established under subsection (b).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury, or the Secretary's designee.
(b) Program Established.--The Secretary shall establish the
Passenger Automobile Trade-In Program to provide eligible individuals
with subsidies to purchase eligible new automobiles in exchange for
eligible old automobiles.
(c) Duration of Program.--The Program shall commence on the date on
which the Secretary prescribes regulations under subsection (g) and
shall terminate on December 31, 2009.
(d) Trades.--
(1) In general.--Except as otherwise provided in this
subsection, if an eligible individual and a seller of an
eligible new automobile initiate a trade as described in
subsection (e) for such new automobile with an eligible old
automobile of the eligible individual, the Secretary shall
provide to the seller of such new automobile $10,000.
(2) Limitation on purchase price of eligible new
automobiles.--The Secretary may not make any payment under this
subsection for a trade for an eligible new automobile under the
Program if the purchase price of such new automobile exceeds
the manufacturer's suggested retail price for such new
automobile.
(3) Compensation for delayed payments.--In the case that a
payment under this subsection to a seller for a trade under the
Program is delayed, the Secretary shall provide to such seller
the amount otherwise determined under this subsection plus
interest at the overpayment rate established under section 6621
of the Internal Revenue Code of 1986.
(e) Initiation of Trade.--An eligible individual and the seller of
an eligible new automobile initiate a trade under the Program for such
eligible new automobile with an eligible old automobile of such
individual if--
(1) the eligible individual, or the eligible individual's
designee, drives such old automobile to the location of such
seller;
(2) the eligible individual provides to the seller--
(A) such old automobile; and
(B) an amount (if any) equal to the difference
between--
(i) the purchase price of such new
automobile; and
(ii) the amount the Secretary is required
to provide to the seller under subsection (d);
and
(3) the eligible individual and the seller notify the
Secretary of such trade at such time and in such manner as the
Secretary considers appropriate.
(f) Disposal of Eligible Old Automobiles.--
(1) In general.--A seller who receives an eligible old
automobile in exchange for an eligible new automobile under the
Program shall deliver such old automobile to an appropriate
location for proper destruction and disposal as determined by
the Secretary.
(2) Compensation.--The Secretary shall compensate a seller
described in paragraph (1) for costs incurred by such seller
under such paragraph in such amounts or at such rates as the
Secretary considers appropriate.
(g) Regulations.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall prescribe rules
to carry out the Program.
(2) Expedited procedures for rulemaking.--The provisions of
chapter 5 of title 5, United States Code, shall not apply to
regulations prescribed under paragraph (1).
(h) Direct Spending Authority.--
(1) In general.--There is authorized to be appropriated and
is appropriated to the Secretary such sums as may be necessary
to carry out the Program.
(2) Emergency designation.--Amounts appropriated pursuant
to paragraph (1) are designated as an emergency requirement and
necessary to meet emergency needs pursuant to section 204(a) of
S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S.
Con. Res. 70 (110th Congress), the concurrent resolutions on
the budget for fiscal years 2008 and 2009. | Sell Fuel Efficient Cars Act of 2008 - Directs the Secretary of the Treasury to establish the Passenger Automobile Trade-In Program to provide eligible individuals with subsidies to purchase eligible new automobiles in exchange for eligible old automobiles.
Defines as eligible individuals those who (among other requirements) do not have more than three passenger automobiles registered under his or her name and whose adjusted gross income was not more than $25,000 ($40,000 in the case of a joint tax return).
Defines as eligible new automobiles (among other requirements) those that were manufactured by a U.S. automaker whose failure would have a systemic adverse effect on the overall U.S. economy, were assembled in the United States, and have a fuel economy of not less than 25 miles per gallon (MPG) or more than 4.9 MPG greater than the eligible old automobile.
Defines as eligible old automobiles (among other requirements) those that are operable, were first registered by any person not less than ten years before a trade is initiated, and are registered under the eligible individual's name before December 1, 2008.
Directs the Secretary to provide $10,000 to the seller (automaker) of each new automobile who trades a new automobile to an eligible individual in exchange for an old automobile. Requires the eligible individual to pay the seller the difference between the purchase price of the new automobile and the $10,000 provided by the Secretary.
Requires eligible old automobiles to be destroyed and disposed of. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to carry out a program to enable certain individuals to trade certain old automobiles for certain new automobiles, and for other purposes."} | 1,736 | 326 | 0.624759 | 1.694367 | 0.733043 | 3.521429 | 5.864286 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charity To Eliminate Poverty Tax
Credit Act of 2001''.
SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE
CHARITIES PROVIDING ASSISTANCE TO THE POOR.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the qualified charitable contributions
which are paid by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed by subsection (a) for the
taxable year shall not exceed $100 (twice such amount in the case of a
joint return).
``(c) Qualified Charitable Contribution.--For purposes of this
section, the term `qualified charitable contribution' means any
charitable contribution (as defined in section 170(c)) made in cash to
a qualified charity but only if the amount of each such contribution,
and the recipient thereof, are identified on the return for the taxable
year during which such contribution is made.
``(d) Qualified Charity.--
``(1) In general.--For purposes of this section, the term
`qualified charity' means, with respect to the taxpayer, any
organization described in section 501(c)(3) and exempt from tax
under section 501(a)--
``(A) which is certified by the Secretary as
meeting the requirements of paragraphs (2) and (3),
``(B) which is organized under the laws of the
United States or of any State in which the organization
is qualified to operate, and
``(C) which is required, or elects to be treated as
being required, to file returns under section 6033.
``(2) Charity must primarily assist the poor.--An
organization meets the requirements of this paragraph only if
the predominant activity of such organization is the provision
of services to individuals whose annual incomes generally do
not exceed 150 percent of the official poverty line (as defined
by the Office of Management and Budget).
``(3) Minimum expenditure requirement.--
``(A) In general.--An organization meets the
requirements of this paragraph only if the Secretary
reasonably expects that the annual exempt purpose
expenditures of such organization will not be less than
70 percent of the annual aggregate expenditures of such
organization.
``(B) Exempt purpose expenditure.--For purposes of
subparagraph (A)--
``(i) In general.--The term `exempt purpose
expenditure' means any expenditure to carry out
the activity referred to in paragraph (2).
``(ii) Exceptions.--Such term shall not
include--
``(I) any administrative expense,
``(II) any expense for the purpose
of influencing legislation (as defined
in section 4911(d)),
``(III) any expense primarily for
the purpose of fundraising, and
``(IV) any expense for litigation
on behalf of any individual referred to
in paragraph (2).
``(e) Time When Contributions Deemed Made.--For purposes of this
section, at the election of the taxpayer, a contribution which is made
not later than the time prescribed by law for filing the return for the
taxable year (not including extensions thereof) shall be treated as
made on the last day of such taxable year.
``(f) Coordination With Deduction for Charitable Contributions.--
``(1) Credit in lieu of deduction.--The credit provided by
subsection (a) for any qualified charitable contribution shall
be in lieu of any deduction otherwise allowable under this
chapter for such contribution.
``(2) Election to have section not apply.--A taxpayer may
elect for any taxable year to have this section not apply.
``(g) Maximum Amount of Credit Adjusted for Inflation.--In the case
of any taxable year beginning in a calendar year after 2001, the $100
amount contained in subsection (b) 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 in which the taxable year
begins, determined by substituting `calendar year 2000' for
`calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of $5.''
(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 25A the following new
item:
``Sec. 25B. Credit for certain charitable
contributions.''
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after the 90th day after the date of the
enactment of this Act in taxable years ending after such date. | Charity To Eliminate Poverty Tax Credit Act of 2001 - Amends the Internal Revenue Code to allow a taxpayer to elect a credit (in lieu of a deduction otherwise available) of up to $100 ($200 for joint filers) for cash contributions to a qualifying charity whose primary activity is assistance to the poor. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit for charitable contributions to fight poverty."} | 1,192 | 72 | 0.556965 | 1.192401 | 1.038083 | 2.266667 | 17.516667 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ballistics, Law Assistance, and
Safety Technology Act'' (``BLAST'').
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to increase public safety by assisting law enforcement
in solving more gun-related crimes and offering prosecutors
evidence to link felons to gun crimes through ballistics
technology;
(2) to provide for ballistics testing of all new firearms
for sale to assist in the identification of firearms used in
crimes;
(3) to require ballistics testing of all firearms in
custody of Federal agencies to assist in the identification of
firearms used in crimes;
(4) to add ballistics testing to existing firearms
enforcement programs; and
(5) to provide for targeted enforcement of Federal firearms
laws.
TITLE I--BLAST
SEC. 101. DEFINITION OF BALLISTICS.
Section 921(a) of title 18, United States Code, is amended by
adding at the end the following:
``(35) Ballistics.--The term `ballistics' means a
comparative analysis of fired bullets and cartridge casings to
identify the firearm from which bullets were discharged,
through identification of the unique characteristics that each
firearm imprints on bullets and cartridge casings.''.
SEC. 102. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS.
(a) Amendment.--Section 923 of title 18, United States Code, is
amended by adding at the end the following:
``(m)(1) In addition to the other licensing requirements under this
section, a licensed manufacturer or licensed importer shall--
``(A) test fire firearms manufactured or imported by such
licensees as specified by the Secretary by regulation;
``(B) prepare ballistics images of the fired bullet and
cartridge casings from the test fire;
``(C) make the records available to the Secretary for entry
in a computerized database; and
``(D) store the fired bullet and cartridge casings in such
a manner and for such a period as specified by the Secretary by
regulation.
``(2) Nothing in this subsection creates a cause of action against
any Federal firearms licensee or any other person for any civil
liability except for imposition of a civil penalty under this section.
``(3)(A) The Attorney General and the Secretary shall assist
firearm manufacturers and importers in complying with paragraph (1)
through--
``(i) the acquisition, disposition, and upgrades of
ballistics equipment and bullet recovery equipment to be placed
at or near the sites of licensed manufacturers and importers;
``(ii) the hiring or designation of personnel necessary to
develop and maintain a database of ballistics images of fired
bullets and cartridge casings, research and evaluation;
``(iii) providing education about the role of ballistics as
part of a comprehensive firearm crime reduction strategy;
``(iv) providing for the coordination among Federal, State,
and local law enforcement and regulatory agencies and the
firearm industry to curb firearm-related crime and illegal
firearm trafficking; and
``(v) any other steps necessary to make ballistics testing
effective.
``(B) The Attorney General and the Secretary shall--
``(i) establish a computer system through which State and
local law enforcement agencies can promptly access ballistics
records stored under this subsection, as soon as such a
capability is available; and
``(ii) encourage training for all ballistics examiners.
``(4) Not later than 1 year after the date of enactment of this
subsection and annually thereafter, the Attorney General and the
Secretary shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives a
report regarding the impact of this section, including--
``(A) the number of Federal and State criminal
investigations, arrests, indictments, and prosecutions of all
cases in which access to ballistics records provided under this
section served as a valuable investigative tool;
``(B) the extent to which ballistics records are accessible
across jurisdictions; and
``(C) a statistical evaluation of the test programs
conducted pursuant to section 6 of the Ballistics, Law
Assistance, and State Technology Act.
``(5) There is authorized to be appropriated to the Department of
Justice and the Department of the Treasury for each of fiscal years
2001 through 2004, $20,000,000 to carry out this subsection,
including--
``(A) installation of ballistics equipment and bullet
recovery equipment;
``(B) establishment of sites for ballistics testing;
``(C) salaries and expenses of necessary personnel; and
``(D) research and evaluation.
``(6) The Secretary and the Attorney General shall conduct
mandatory ballistics testing of all firearms obtained or in the
possession of their respective agencies.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) take effect on the date on
which the Attorney General and the Secretary of the Treasury,
in consultation with the Board of the National Integrated
Ballistics Information Network, certify that the ballistics
systems used by the Department of Justice and the Department of
the Treasury are sufficiently interoperable to make mandatory
ballistics testing of new firearms possible.
(2) Effective on date of enactment.--Section 923(m)(6) of
title 18, United States Code, as added by subsection (a), shall
take effect on the date of enactment of this Act.
SEC. 103. PRIVACY RIGHTS OF LAW ABIDING CITIZENS.
Ballistics information of individual guns in any form or database
established by this Act may not be used for prosecutorial purposes
unless law enforcement officials have a reasonable belief that a crime
has been committed and that ballistics information would assist in the
investigation of that crime.
SEC. 104. DEMONSTRATION FIREARM CRIME REDUCTION STRATEGY.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of the Treasury and the Attorney General
shall establish in the jurisdictions selected under subsection (c), a
comprehensive firearm crime reduction strategy that meets the
requirements of subsection (b).
(b) Program Elements.--Each program established under subsection
(a) shall, for the jurisdiction concerned--
(1) provide for ballistics testing, in accordance with
criteria set forth by the National Integrated Ballistics
Information Network, of all firearms recovered during criminal
investigations, in order to--
(A) identify the types and origins of the firearms;
(B) identify suspects; and
(C) link multiple crimes involving the same
firearm;
(2) require that all identifying information relating to
firearms recovered during criminal investigations be promptly
submitted to the Secretary of the Treasury, in order to
identify the types and origins of the firearms and to identify
illegal firearms traffickers;
(3) provide for coordination among Federal, State, and
local law enforcement officials, firearm examiners,
technicians, laboratory personnel, investigators, and
prosecutors in the tracing and ballistics testing of firearms
and the investigation and prosecution of firearms-related
crimes including illegal firearms trafficking; and
(4) require analysis of firearm tracing and ballistics data
in order to establish trends in firearm-related crime and
firearm trafficking.
(c) Participating Jurisdictions.--
(1) In general.--The Secretary of the Treasury and the
Attorney General shall select not fewer than 10 jurisdictions
for participation in the program under this section.
(2) Considerations.--In selecting jurisdictions under this
subsection, the Secretary of the Treasury and the Attorney
General shall give priority to jurisdictions that--
(A) participate in comprehensive firearm law
enforcement strategies, including programs such as the
Youth Crime Gun Interdiction Initiative (known as
``YCGII''), Project Achilles, Project Disarm, Project
Triggerlock, Project Exile, and Project Surefire, and
Operation Ceasefire;
(B) draft a plan to share ballistics records with
nearby jurisdictions that require ballistics testing of
firearms recovered during criminal investigations; and
(C) pledge to match Federal funds for the expansion
of ballistics testing on a one-on-one basis.
(d) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2001 through 2004, $20,000,000 to
carry out this section, including--
(1) installation of ballistics equipment; and
(2) salaries and expenses for personnel (including
personnel from the Department of Justice and the Bureau of
Alcohol, Tobacco, and Firearms).
TITLE II--EXILE
SEC. 201. TARGETED ENFORCEMENT OF FEDERAL FIREARMS LAWS.
(a) Designation.--The Attorney General and the Secretary of the
Treasury, after consultation with appropriate State and local
officials, shall designate not less than 50 local jurisdictions in
which to enforce aggressively Federal laws designed to prevent the
possession by criminals of firearms (as defined in section 921(a) of
title 18, United States Code).
(b) Assistance.--In order to provide assistance for the enforcement
of Federal laws designed to prevent the possession by criminals of
firearms, the Attorney General and the Secretary of the Treasury may--
(1) direct the detailing of Federal personnel, including
Assistant United States Attorneys and agents and investigators
of the Bureau of Alcohol, Tobacco, and Firearms, to designated
jurisdictions, subject to the approval of the head of that
department or agency that employs such personnel;
(2) coordinate activities with State and local officials,
including facilitation of training of State and local law
enforcement officers and prosecutors in designated
jurisdictions to work with Federal prosecutors, agents, and
investigators to identify appropriate cases for enforcement of
Federal laws designed to prevent the possession by criminals of
firearms;
(3) help coordinate, in conjunction with local officials,
local businesses, and community leaders, public outreach in
designated jurisdictions regarding penalties associated with
violation of Federal laws designed to prevent the possession by
criminals of firearms.
(c) Criteria for Designation.--In designating local jurisdictions
under this section, the Attorney General and Secretary of the Treasury
shall consider--
(1) the extent to which there is a high rate of recidivism
among armed felons in the jurisdiction;
(2) the extent to which there is a high rate of violent
crime in the jurisdiction;
(3) the extent to which State and local law enforcement
agencies have committed resources to respond to the illegal
possession of firearms in the jurisdiction, as an indication of
their determination to respond aggressively to the problem;
(4) the extent to which a significant increase in the
allocation of Federal resources is necessary to respond
adequately to the illegal possession of firearms in the
jurisdiction; and
(5) any other criteria as the Attorney General and
Secretary of the Treasury consider to be appropriate.
(d) Priority.--In addition to the criteria set forth in subsection
(c), in considering which local jurisdictions to designate under this
section, the Attorney General and the Secretary of the Treasury shall
give priority to jurisdictions that have--
(1) demonstrated a commitment to enforcement of Federal
firearms laws through participation in initiatives like the
Youth Crime Gun Interdiction Initiative, Project Disarm, and
Operation Ceasefire;
(2) identified a large number of convicted felons involved
in firearms trafficking to individuals under age 25; and
(3) agreed to require that all identifying information
relating to firearms recovered during criminal investigations
be promptly submitted to the Secretary of the Treasury to
identify the types and origins of such firearms and to identify
illegal firearms traffickers.
(e) Reports and Evaluation.--
(1) Annual report.--The Attorney General and the Secretary
of the Treasury shall annually submit to the Chairmen and
Ranking Members of the Committees on the Judiciary of the House
of Representatives and the Senate a report, which shall include
information relating to--
(A) the number of arrests by Federal, State, and
local law enforcement officials involving illegal
possession of firearms by criminals in each designated
city;
(B) the number of individuals prosecuted for
illegal firearms possession by criminals in Federal,
State, and local court in each designated city, the
number of convictions, and a breakdown of sentences
imposed; and
(C) a description of the public outreach
initiatives being implemented in designated
jurisdictions.
(2) Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Attorney General and the Secretary
of the Treasury shall submit to the Chairmen and Ranking
Members of the Committees on the Judiciary of the House of
Representatives and the Senate a report concerning the
effectiveness of the designation of jurisdictions under this
section, including an analysis of whether crime within the
jurisdiction has been reduced or displaced to nearby
jurisdictions, along with any recommendations for related
legislation.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2001 through 2004. | Directs the Attorney General and the Secretary to assist firearm manufacturers and importers in complying through: (1) the acquisition, disposition, and upgrades of ballistics equipment and bullet recovery equipment to be placed at or near the sites of licensed manufacturers and importers; (2) the hiring or designation of personnel necessary to develop and maintain a database of ballistics images of fired bullets and cartridge casings, research, and evaluation; (3) providing education about the role of ballistics as part of a comprehensive firearm crime reduction strategy; and (4) providing for the coordination among Federal, State, and local law enforcement and regulatory agencies and the firearm industry to curb firearm-related crime and illegal firearm trafficking.
Directs the Attorney General and the Secretary to: (1) establish a computer system through which State and local law enforcement agencies can promptly access ballistics records stored under this title, as soon as such a capability is available; and (2) encourage training for all ballistics examiners.
Sets forth reporting requirements. Authorizes appropriations.
Directs the Secretary and the Attorney General to conduct mandatory ballistics testing of all firearms obtained or in the possession of their respective agencies.
(Sec. 103) Prohibits the use of ballistics information of individual guns in any form or database established by this Act for prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime.
(Sec. 104) Directs the Secretary and the Attorney General to establish in the jurisdictions selected a comprehensive firearm crime reduction strategy which shall: (1) provide for ballistics testing, in accordance with criteria set forth by the National Integrated Ballistics Information Network, of all firearms recovered during criminal investigations to identify the types and origins of the firearms, identify suspects, and link multiple crimes involving the same firearm; (2) require that all identifying information relating to firearms recovered during criminal investigations be promptly submitted to the Secretary in order to identify the types and origins of the firearms and to identify illegal firearms traffickers; (3) provide for coordination among Federal, State, and local law enforcement officials, firearm examiners, technicians, laboratory personnel, investigators, and prosecutors in the tracing and ballistics testing of firearms and the investigation and prosecution of firearms-related crimes, including illegal firearms trafficking; and (4) require analysis of firearm tracing and ballistics data in order to establish trends in firearm-related crime and firearm trafficking.
Requires the Secretary and the Attorney General to select not fewer than ten jurisdictions for participation in the program. Sets forth provisions regarding selection criteria. Authorizes appropriations.
Title II: Exile
- Directs the Attorney General and the Secretary to designate not less than 50 local jurisdictions in which to enforce aggressively Federal laws designed to prevent the possession by criminals of firearms.
Authorizes the Attorney General and the Secretary, in order to provide assistance for the enforcement of Federal laws designed to prevent the possession by criminals of firearms, to: (1) direct the detailing of Federal personnel, including Assistant U.S. Attorneys and Bureau of Alcohol, Tobacco, and Firearms investigators, to designated jurisdictions, subject to department or agency head approval; (2) coordinate activities with State and local officials, including facilitation of training of State and local law enforcement officers and prosecutors in designated jurisdictions to work with Federal prosecutors, agents, and investigators to identify appropriate cases for enforcement of Federal laws designed to prevent the possession by criminals of firearms; and (3) help coordinate public outreach in designated jurisdictions regarding penalties association with violation of Federal laws designed to prevent the possession by criminals of firearms.
Sets forth provisions regarding criteria for designation, priority in considering which local jurisdictions to designate, reports, and evaluation. Authorizes appropriations. | {"src": "billsum_train", "title": "Ballistics, Law Assistance, and Safety Technology Act (BLAST)"} | 2,863 | 829 | 0.698343 | 2.168778 | 0.628158 | 6.713103 | 3.651034 | 0.964138 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military and Veterans Education
Protection Act''.
SEC. 2. PROGRAM PARTICIPATION AGREEMENTS FOR PROPRIETARY INSTITUTIONS
OF HIGHER EDUCATION.
Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is
amended--
(1) in subsection (a)(24)--
(A) by inserting ``that receives funds provided
under this title'' before ``, such institution''; and
(B) by striking ``other than funds provided under
this title, as calculated in accordance with subsection
(d)(1)'' and inserting ``other than Federal educational
assistance, as defined in subsection (d)(5) and
calculated in accordance with subsection (d)(1)''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking ``Non-
Title IV'' and inserting ``Non-Federal Educational'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``that receives funds
provided under this title'' before ``shall'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``assistance under this title'' and
inserting ``Federal educational
assistance''; and
(II) in clause (ii)(I), by
inserting ``, or on a military base if
the administering Secretary for a
program of Federal educational
assistance under clause (ii), (iii), or
(iv) of paragraph (5)(B) has authorized
such location'' before the semicolon;
(iii) in subparagraph (C), by striking
``program under this title'' and inserting
``program of Federal educational assistance'';
(iv) in subparagraph (E), by striking
``funds received under this title'' and
inserting ``Federal educational assistance'';
and
(v) in subparagraph (F)--
(I) in clause (iii), by striking
``under this title'' and inserting ``of
Federal educational assistance''; and
(II) in clause (iv), by striking
``under this title'' and inserting ``of
Federal educational assistance'';
(C) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) Ineligibility.--
``(i) In general.--Notwithstanding any
other provision of law, a proprietary
institution of higher education receiving funds
provided under this title that fails to meet a
requirement of subsection (a)(24) for two
consecutive institutional fiscal years shall be
ineligible to participate in or receive funds
under any program of Federal educational
assistance for a period of not less than two
institutional fiscal years.
``(ii) Regaining eligibility.--To regain
eligibility to participate in or receive funds
under any program of Federal educational
assistance after being ineligible pursuant to
clause (i), a proprietary institution of higher
education shall demonstrate compliance with all
eligibility and certification requirements for
the program for a minimum of two consecutive
institutional fiscal years after the
institutional fiscal year in which the
institution became ineligible. In order to
regain eligibility to participate in any
program of Federal educational assistance under
this title, such compliance shall include
meeting the requirements of section 498 for
such 2-year period.
``(iii) Notification of ineligibility.--The
Secretary of Education shall determine when a
proprietary institution of higher education
that receives funds under this title is
ineligible under clause (i) and shall notify
all other administering Secretaries of the
determination.
``(iv) Enforcement.--Each administering
Secretary for a program of Federal educational
assistance shall enforce the requirements of
this subparagraph for the program concerned
upon receiving notification under clause (iii)
of a proprietary institution of higher
education's ineligibility.''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``In
addition'' and all that follows
through ``education fails'' and
inserting ``Notwithstanding any
other provision of law, in
addition to such other means of
enforcing the requirements of a
program of Federal educational
assistance as may be available
to the administering Secretary,
if a proprietary institution of
higher education that receives
funds provided under this title
fails''; and
(bb) by striking ``the
programs authorized by this
title'' and inserting ``all
programs of Federal educational
assistance''; and
(II) in clause (i), by inserting
``with respect to a program of Federal
educational assistance under this
title,'' before ``on the expiration
date'';
(D) in paragraph (4)(A), by striking ``sources
under this title'' and inserting ``Federal educational
assistance''; and
(E) by adding at the end the following:
``(5) Definitions.--In this subsection:
``(A) Administering secretary.--The term
`administering Secretary' means the Secretary of
Education, the Secretary of Defense, the Secretary of
Veterans Affairs, the Secretary of Homeland Security,
or the Secretary of a military department responsible
for administering the Federal educational assistance
concerned.
``(B) Federal educational assistance.--The term
`Federal educational assistance' means funds provided
under any of the following provisions of law:
``(i) This title.
``(ii) Chapter 30, 31, 32, 33, 34, or 35 of
title 38, United States Code.
``(iii) Chapter 101, 105, 106A, 1606, 1607,
or 1608 of title 10, United States Code.
``(iv) Section 1784a of title 10, United
States Code.''.
SEC. 3. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS
ACTIONS ON INELIGIBILITY OF CERTAIN PROPRIETARY
INSTITUTIONS OF HIGHER EDUCATION FOR PARTICIPATION IN
PROGRAMS OF EDUCATIONAL ASSISTANCE.
(a) Department of Defense.--
(1) In general.--Chapter 101 of title 10, United States
Code, is amended by inserting after section 2008 the following
new section:
``Sec. 2008a. Ineligibility of certain proprietary institutions of
higher education for participation in Department of
Defense programs of educational assistance
``(a) In General.--Upon receipt of a notice from the Secretary of
Education under clause (iii) of section 487(d)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary
institution of higher education is ineligible for participation in or
receipt of funds under any program of Federal educational assistance by
reason of such section, the Secretary of Defense shall ensure that no
educational assistance under the provisions of law specified in
subsection (b) is available or used for education at the institution
for the period of institutional fiscal years covered by such notice.
``(b) Covered Assistance.--The provisions of law specified in this
subsection are the provisions of law on educational assistance through
the Department of Defense as follows:
``(1) This chapter.
``(2) Chapters 105, 106A, 1606, 1607, and 1608 of this
title.
``(3) Section 1784a of this title.
``(c) Notice on Ineligibility.--(1) The Secretary of Defense shall
take appropriate actions to notify persons receiving or eligible for
educational assistance under the provisions of law specified in
subsection (b) of the application of the limitations in section
487(d)(2) of the Higher Education Act of 1965 to particular proprietary
institutions of higher education.
``(2) The actions taken under this subsection with respect to a
proprietary institution shall include publication, on the Internet
website of the Department of Defense that provides information to
persons described in paragraph (1), of the following:
``(A) The name of the institution.
``(B) The extent to which the institution failed to meet
the requirements of section 487(a)(24) of the Higher Education
Act of 1965.
``(C) The length of time the institution will be ineligible
for participation in or receipt of funds under any program of
Federal educational assistance by reason of section
487(d)(2)(A) of that Act.
``(D) The nonavailability of educational assistance through
the Department for enrollment, attendance, or pursuit of a
program of education at the institution by reason of such
ineligibility.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by inserting
after the item relating to section 2008 the following new item:
``2008a. Ineligibility of certain proprietary institutions of higher
education for participation in Department
of Defense programs of educational
assistance.''.
(b) Department of Veterans Affairs.--
(1) In general.--Subchapter II of chapter 36 of title 38,
United States Code, is amended by inserting after section 3681
the following new section:
``Sec. 3681A. Ineligibility of certain proprietary institutions of
higher education for participation in Department of
Veterans Affairs programs of educational assistance
``(a) In General.--Upon receipt of a notice from the Secretary of
Education under clause (iii) of section 487(d)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary
institution of higher education is ineligible for participation in or
receipt of funds under any program of Federal educational assistance by
reason of such section, the Secretary of Veterans Affairs shall ensure
that no educational assistance under the provisions of law specified in
subsection (b) is available or used for education at the institution
for the period of institutional fiscal years covered by such notice.
``(b) Covered Assistance.--The provisions of law specified in this
subsection are the provisions of law on educational assistance through
the Department under chapters 30, 31, 32, 33, 34, and 35 of this title.
``(c) Notice on Ineligibility.--(1) The Secretary of Veterans
Affairs shall take appropriate actions to notify persons receiving or
eligible for educational assistance under the provisions of law
specified in subsection (b) of the application of the limitations in
section 487(d)(2) of the Higher Education Act of 1965 to particular
proprietary institutions of higher education.
``(2) The actions taken under this subsection with respect to a
proprietary institution shall include publication, on the Internet
website of the Department that provides information to persons
described in paragraph (1), of the following:
``(A) The name of the institution.
``(B) The extent to which the institution failed to meet
the requirements of section 487(a)(24) of the Higher Education
Act of 1965.
``(C) The length of time the institution will be ineligible
for participation in or receipt of funds under any program of
Federal educational assistance by reason of section
487(d)(2)(A) of that Act.
``(D) The nonavailability of educational assistance through
the Department for enrollment, attendance, or pursuit of a
program of education at the institution by reason of such
ineligibility.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by inserting
after the item relating to section 3681 the following new item:
``3681A. Ineligibility of certain proprietary institutions of higher
education for participation in Department
of Veterans Affairs programs of educational
assistance.''. | Military and Veterans Education Protection Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require proprietary institutions of higher education to derive at least 10% of their revenue from sources other than federal educational assistance, or risk becoming ineligible for title IV funding. Federal educational assistance includes title IV federal student aid and federal educational assistance for military personnel and veterans. Currently, this so-called 90/10 rule requires proprietary institutions to derive at least 10% of their revenue from sources other than title IV federal student aid, but it allows federal educational assistance for military personnel and veterans to count toward the 10%. | {"src": "billsum_train", "title": "Military and Veterans Education Protection Act"} | 2,618 | 130 | 0.541672 | 1.274926 | 0.619955 | 1.983607 | 19.262295 | 0.704918 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Freedom of Information
Improvement Act of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the purpose of the Freedom of Information Act is to
require agencies of the Federal Government to make certain
agency information available for public inspection and copying
and to establish and enable enforcement of the right of any
person to obtain access to the records of such agencies
(subject to statutory exemptions) for any public or private
purpose;
(2) since the enactment of the Freedom of Information Act
in 1966, and the amendments enacted in 1974 and 1986, the
Freedom of Information Act has been a valuable means through
which any person can learn how the Federal Government operates;
(3) the Freedom of Information Act has led to the
disclosure of waste, fraud, abuse, and wrongdoing in the
Federal Government;
(4) the Freedom of Information Act has led to the
identification of unsafe consumer products, harmful drugs, and
serious health hazards;
(5) Government agencies increasingly use computers to
conduct agency business and to store publicly valuable agency
records and information; and
(6) Government agencies should use new technology to
enhance public access to agency records and information.
(b) Purposes.--The purposes of this Act are to--
(1) foster democracy by ensuring public access to agency
records and information;
(2) improve public access to agency records and
information;
(3) ensure agency compliance with statutory time limits;
and
(4) maximize the usefulness of agency records and
information collected, maintained, used, retained, and
disseminated by the Federal Government.
SEC. 3. PUBLIC INFORMATION AVAILABILITY.
Section 552(a)(1) of title 5, United States Code, is amended--
(1) in the first sentence by inserting ``by computer
telecommunications, or if computer telecommunications means are
not available, by other electronic means,'' after ``Federal
Register'';
(2) by striking out ``and'' at the end of subparagraph (D);
(3) by redesignating subparagraph (E) as subparagraph (F);
and
(4) by inserting after subparagraph (D) the following new
subparagraph:
``(E) a complete list of all statutes that the agency head
or general counsel relies upon to authorize the agency to
withhold information under subsection (b)(3) of this section,
together with a specific description of the scope of the
information covered; and''.
SEC. 4. MATERIALS MADE AVAILABLE IN ELECTRONIC FORMAT.
Section 552(a)(2) of title 5, United States Code, is amended--
(1) in the first sentence by inserting ``including, within
1 year after the date of the enactment of the Electronic
Freedom of Information Improvement Act of 1994, by computer
telecommunications, or if computer telecommunications means are
not available, by other electronic means,'' after ``copying'';
(2) in subparagraph (B) by striking out ``and'' after the
semicolon;
(3) in subparagraph (C) by inserting ``and'' after the
semicolon;
(4) by adding after subparagraph (C) the following new
subparagraphs:
``(D) an index of all major information systems containing
agency records regardless of form or format unless such an
index is provided as otherwise required by law; and
``(E) a description of any new major information system
with a statement of how such system shall enhance agency
operations under this section;''; and
(5) in the third sentence by inserting ``and the extent of
such deletion shall be indicated on the portion of the record
which is made available or published at the place in the record
where such deletion was made'' after ``explained fully in
writing''.
SEC. 5. LIST OF RECORDS MADE AVAILABLE TO THE PUBLIC AND HONORING
FORMAT REQUESTS.
Section 552(a)(3) of title 5, United States Code, is amended by--
(1) inserting ``(A)'' after ``(3)'';
(2) striking out ``(A) reasonably'' and inserting in lieu
thereof ``(i) reasonably'';
(3) striking out ``(B)'' and inserting in lieu thereof
``(ii)''; and
(4) adding at the end thereof the following new
subparagraphs:
``(B) A list of all records which are made available to any person
under this paragraph shall be made available for public inspection and
copying as provided under paragraph (2) of this subsection. Copies of
all such records, regardless of form or format, which because of the
nature of their subject matter, have become or are likely to become the
subject of subsequent requests under this paragraph for substantially
the same records, shall be made available for inspection and copying as
provided under paragraph (2) of this subsection.
``(C) An agency shall, as requested by any person, provide records
in any form or format in which such records are maintained by that
agency.
``(D) An agency shall make reasonable efforts to provide records in
the form or format requested by any person, including in an electronic
form or format, even where such records are not usually maintained but
are available in such form or format.''.
SEC. 6. DELAYS.
(a) Fees.--Section 552(a)(4)(A) of title 5, United States Code, is
amended by adding at the end thereof the following new clause:
``(viii) If at an agency's request, the Comptroller General
determines that the agency annually has either provided responsive
documents or denied requests in substantial compliance with the
requirements of paragraph (6)(A), one-half of the fees collected under
this section shall be credited to the collecting agency and expended to
offset the costs of complying with this section through staff
development and acquisition of additional request processing resources.
The remaining fees collected under this section shall be remitted to
the Treasury as general funds or miscellaneous receipts.''.
(b) Payment of the Expenses of the Person Making a Request.--
Section 552(a)(4)(E) of title 5, United States Code, is amended by
adding at the end thereof the following new sentence: ``The court may
assess against the United States all out-of-pocket expenses incurred by
the person making a request, and reasonable attorney fees incurred in
the administrative process, in any case in which the agency has failed
to comply with the time limit provisions of paragraph (6) of this
subsection.''.
(c) Demonstration of Circumstances for Delay.--Section 552(a)(4)(E)
of title 5, United States Code, is further amended--
(1) by inserting ``(i)'' after ``(E)''; and
(2) by adding at the end thereof the following new clause:
``(ii) Any agency not in compliance with the time limits set forth
in this subsection shall demonstrate to a court that the delay is
warranted under the circumstances set forth under paragraph (6) (B) or
(C) of this subsection.''.
(d) Period for Agency Decision To Comply With Request.--Section
552(a)(6)(A)(i) is amended by striking out ``ten days'' and inserting
in lieu thereof ``twenty days''.
(e) Agency Backlogs.--Section 552(a)(6)(C) of title 5, United
States Code, is amended by inserting after the second sentence the
following: ``As used in this subparagraph, `exceptional circumstances'
shall be unforeseen and shall not include delays that result from a
predictable workload, including any ongoing agency backlog, in the
ordinary course of processing requests for records.''.
(f) Notification of Denial.--The fourth sentence of section
552(a)(6)(C) of title 5, United States Code, is amended to read: ``Any
notification of any full or partial denial of any request for records
under this subsection shall set forth the names and titles or positions
of each person responsible for the denial of such request and the total
number of denied records and pages considered by the agency to have
been responsive to the request.''.
(g) Multitrack FIFO Processing and Expedited Access.--Section
552(a)(6) of title 5, United States Code, is amended by adding at the
end thereof the following new subparagraphs:
``(D)(i) Each agency shall adopt a first-in, first-out (hereafter
in this subparagraph referred to as FIFO) processing policy in
determining the order in which requests are processed. The agency may
establish separate processing tracks for simple and complex requests
using FIFO processing within each track.
``(ii) For purposes of such a multitrack system--
``(I) a simple request shall be a request requiring 10 days
or less to make a determination on whether to comply with such
a request; and
``(II) a complex request shall be a request requiring more
than 10 days to make a determination on whether to comply with
such a request.
``(iii) A multitrack system shall not negate a claim of due
diligence under subparagraph (C), if FIFO processing within each track
is maintained and the agency can show that it has reasonably allocated
resources to handle the processing for each track.
``(E)(i) Each agency shall promulgate regulations, pursuant to
notice and receipt of public comment, providing that upon receipt of a
request for expedited access to records and a showing by the person
making such request of a compelling need for expedited access to
records, the agency shall determine within 5 days (excepting Saturdays,
Sundays, and legal public holidays) after the receipt of such a
request, whether to comply with such request. No more than one day
after making such determination the agency shall notify the person
making a request for expedited access of such determination, the
reasons therefor, and of the right to appeal to the head of the agency.
A request for records to which the agency has granted expedited access
shall be processed as soon as practicable. A request for records to
which the agency has denied expedited access shall be processed within
the time limits under paragraph (6) of this subsection.
``(ii) A person whose request for expedited access has not been
decided within 5 days of its receipt by the agency or has been denied
shall be required to exhaust administrative remedies. A request for
expedited access which has not been decided may be appealed to the head
of the agency within 7 days (excepting Saturdays, Sundays, and legal
public holidays) after its receipt by the agency. A request for
expedited access that has been denied by the agency may be appealed to
the head of the agency within 2 days (excepting Saturdays, Sundays, and
legal public holidays) after the person making such request receives
notice of the agency's denial. If an agency head has denied, affirmed a
denial, or failed to respond to a timely appeal of a request for
expedited access, a court which would have jurisdiction of an action
under paragraph (4)(B) of this subsection may, upon complaint, require
the agency to show cause why the request for expedited access should
not be granted, except that such review shall be limited to the record
before the agency.
``(iii) The burden of demonstrating a compelling need by a person
making a request for expedited access may be met by a showing, which
such person certifies under penalty of perjury to be true and correct
to the best of such person's knowledge and belief, that failure to
obtain the requested records within the timeframe for expedited access
under this paragraph would--
``(I) threaten an individual's life or safety;
``(II) result in the loss of substantial due process rights
and the information sought is not otherwise available in a
timely fashion; or
``(III) affect public assessment of the nature and
propriety of actual or alleged governmental actions that are
the subject of widespread, contemporaneous media coverage.''.
SEC. 7. COMPUTER REDACTION.
Section 552(b) of title 5, United States Code, is amended by
inserting before the period in the sentence following paragraph (9):
``, and the extent of such deletion shall be indicated on the released
portion of the record at the place in the record where such deletion
was made''.
SEC. 8. DEFINITIONS.
Section 552(f) of title 5, United States Code, is amended to read
as follows:
``(f) For purposes of this section--
``(1) the term `agency' as defined in section 551(1) of
this title includes 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;
``(2) the term `record' means all books, papers, maps,
photographs, machine-readable materials, or other information
or documentary materials, regardless of physical form or
characteristics; and
``(3) the term `search' means a manual or automated review
of agency records that is conducted for the purpose of locating
those records which are responsive to a request under
subsection (a)(3)(A) of this section.''.
Passed the Senate August 25 (legislative day, August 18),
1994.
Attest:
MARTHA S. POPE,
Secretary. | Electronic Freedom of Information Improvement Act of 1994 - Amends the Freedom of Information Act (FOIA) to: (1) direct agencies to publish by computer telecommunications, or other electronic means if such communications are not available, all information required to be published in the Federal Register; (2) include among such required information a list of all statutes authorizing the agency to withhold information under such Act; (3) require reasonable efforts by the agency to provide records in an electronic format even when such records are not usually maintained in such format; (4) credit to agencies which have been found to be responsive to FOIA requests a percentage of the fees collected from such requests to offset compliance costs, at an agency's request; (5) provide for Government payment of the requester's out-of-pocket expenses in any case in which the agency has failed to comply with the FOIA request within prescribed time limits; (6) require an agency which violates such time limits to demonstrate that delay was warranted; (7) preclude treatment of routine agency backlogs as unusual circumstances warranting extension of time limits; (8) require denial notifications to specify the total number of denied records and pages considered in responding to the FOIA request; (9) mandate an agency first-in, first-out (FIFO) processing policy to determine the order in which requests are processed, allowing separate processing tracks for simple and complex requests; (10) mandate agency regulations governing FOIA requests for expedited access; (11) require deletions to be indicated on the released portion of the record where they were made; and (12) define "record" to include electronic information and "search" to include an automated examination to locate records. | {"src": "billsum_train", "title": "Electronic Freedom of Information Improvement Act of 1994"} | 3,002 | 359 | 0.511206 | 1.590823 | 0.733575 | 2.675676 | 8.39039 | 0.861862 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Universal Classroom Breakfast
Expansion Act''.
SEC. 2. GRANT PROGRAM FOR UNIVERSAL FREE CLASSROOM BREAKFAST PROGRAMS.
(a) Establishment of Grant Program.--From the amount appropriated
under subsection (h), the Secretary of Agriculture shall establish a
program under which the Secretary shall make grants, on a competitive
basis, to State agencies to award subgrants to qualifying schools to
establish a universal free breakfast program in accordance with
subsection (e).
(b) Grant Amount.--A grant awarded under this Act to a State agency
may not exceed an amount equal to 10 percent of the total amount
appropriated under subsection (h) for a fiscal year.
(c) State Agency Application.--To receive a grant under this Act, a
State agency shall submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
require.
(d) State Agency Use of Funds.--
(1) In general.--A State agency receiving a grant under
this Act shall use funds made available under the grant to--
(A) award subgrants in accordance with subsection
(e) to qualifying schools to implement a universal free
breakfast program described in paragraph (4)(B) of such
subsection;
(B) provide technical assistance to assist such
schools in implementing the program; and
(C) conduct the targeted outreach described in
paragraph (2).
(2) Targeted outreach.--A State agency receiving a grant
under this Act shall provide outreach to qualifying schools
with the highest percentage of students who are eligible for
free and reduced-price lunches under the school lunch program
established under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.), as compared to other qualifying
schools, to facilitate the participation of such schools in the
subgrant program established under this Act.
(3) Limitation on use of funds.--A State agency receiving a
grant under this Act may not use more than 5 percent of the
funds made available under the grant to provide--
(A) the technical assistance described in paragraph
(1)(B); and
(B) the targeted outreach described in paragraph
(2).
(e) Subgrants to Qualifying Schools.--
(1) Priority.--A State agency receiving a grant under this
Act shall award subgrants to qualifying schools. In awarding
such subgrants, a State agency shall give priority to
qualifying schools in which 75 percent or more of the students
are eligible for free or reduced-price school lunches under the
school lunch program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
(2) Subgrant amount.--A subgrant under this Act may not be
awarded to a qualifying school in an amount that exceeds
$10,000 for any fiscal year.
(3) Duration.--A subgrant under this Act shall be awarded
to a qualifying school for a period of not more than 2 fiscal
years.
(4) Qualifying school.--For purposes of this Act, the term
``qualifying school'' means--
(A) a school providing elementary or secondary
education in which at least 40 percent of students are
eligible for free or reduced-price school lunches under
the school lunch program established under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.); and
(B) that agrees to--
(i) use the funds received under this Act
to establish a program at such school--
(I) to serve all students enrolled
in the school, for a minimum period of
3 school years, breakfast at no charge
under the school breakfast program
established under section 4 the Child
Nutrition Act of 1966 (42 U.S.C. 1773);
and
(II) that allows the students to
eat such breakfast in the classroom
after the start of the school day; and
(ii) pay, from sources other than Federal
funds, for the costs of serving all breakfasts
at no charge that are in excess of the value of
assistance received pursuant to the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
with respect to the number of breakfasts served
during the period.
(5) School application.--To receive a subgrant under this
Act, a qualifying school shall submit to the State agency
located in the same State as the school an application at such
time, in such manner, and containing such information as the
State agency may require.
(6) Use of funds by qualifying schools.--A qualifying
school receiving a subgrant under this Act shall use funds
available under such subgrant to cover the costs of the
materials and assistance necessary to establish the program
described in paragraph (4)(B), including the costs with respect
to--
(A) training and technical assistance for school
staff regarding the program;
(B) promotional materials for students and families
to encourage students to participate in the program;
and
(C) equipment needed to service breakfast to
students outside the cafeteria and in the classroom
under such program.
(f) Report to Congress.--The Secretary, in consultation with local
educational agencies, State educational agencies, and qualifying
schools that receive grants or subgrants pursuant to this Act, shall
submit to Congress an annual report describing--
(1) how the funds were used; and
(2) the impact on--
(A) participation in the school breakfast program
established under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773); and
(B) the educational environment.
(g) Rule of Construction.--Nothing in this Act shall be construed
to prohibit a qualifying school that receives special assistance
payments under subparagraph (C), (D), or (E) of section 11 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) from
receiving a subgrant under this Act.
(h) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 to carry out this Act for fiscal year 2011 and
2012.
(i) Definition.--For purposes of this Act, the term ``State
agency'' means a State agency that administers child nutrition programs
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). | Universal Classroom Breakfast Expansion Act - Directs the Secretary of Agriculture to award competitive grants to states and, through them, subgrants to schools to assist such schools in establishing universal free breakfast programs that provide all of their students with free breakfasts for at least three years under the school breakfast program.
Requires students to be allowed to eat such breakfasts in the classroom after school starts.
Limits subgrant eligibility to elementary or secondary schools in which at least 40% of the students are eligible for free or reduced-price lunches under the school lunch program.
Directs state grantees to provide: (1) technical assistance to schools in implementing such programs; (2) targeted outreach to schools with the highest percentage of students who are eligible for free or reduced-price lunches under the school lunch program; and (3) subgrant priority to schools in which 75% or more of the students are eligible for such lunches.
Requires subgrantees to cover, from nonfederal sources, the costs of serving free breakfasts that exceed the assistance received under the school breakfast program. | {"src": "billsum_train", "title": "To establish a grant program to assist schools in establishing a universal free classroom breakfast program."} | 1,435 | 236 | 0.676308 | 1.623191 | 0.865034 | 3.068966 | 6.330049 | 0.901478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sex Crime Re-Entry EvaluatioN
(SCREEN) Act of 2010''.
SEC. 2. SENTENCE OF SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION AUTHORIZED.
Section 3551(b) of title 18, United States Code, is amended as
follows:
(1) in paragraph (2) by striking ``or'';
(2) in paragraph (3) by striking the period at the end and
inserting ``; or'';
(3) inserting after paragraph (3) the following:
``(4) in the case of certain offenses, a term of special
confinement for the prevention of sexual predation as
authorized by subchapter E.''; and
(4) adding after ``in addition to any other sentence.'' the
following: ``A sentence to a term of special confinement for
the prevention of sexual predation may be imposed in addition
to a sentence to a term of imprisonment.''.
SEC. 3. SENTENCE OF SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION.
Chapter 227 of title 18, United States Code, is amended by adding
at the end the following:
``SUBCHAPTER E--SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION
``3587a. Sentence of special confinement for the prevention of sexual
predation.
``3587b. Effect of finality of judgment.
``3587c. Right to hearing.
``3587d. Hearings to determine status as a sexually dangerous person.
``3587e. Commencement of sentence.
``3587f. Definitions.
``3587g. Implementation of a sentence of special confinement for the
prevention of sexual predation.
``Sec. 3587a. Sentence of special confinement for the prevention of
sexual predation
``(a) In General.--The court may sentence to a term of special
confinement for the prevention of sexual predation a defendant who--
``(1) has been found guilty of a qualifying offense; and
``(2) has been sentenced to a term of imprisonment for that
qualifying offense.
``(b) Qualifying Offenses.--For purposes of this section, a
qualifying offense is any of the following:
``(1) An offense under section 2241.
``(2) An offense under section 2242.
``(3) An offense under section 2245.
``(4) An offense under section 2251(e).
``(c) Authorized Terms.--The authorized term of special confinement
for the prevention of sexual predation is for the duration of the
defendant's life.
``Sec. 3587b. Effect of finality of judgment
``Notwithstanding the fact that a sentence to a term of special
confinement for the prevention of sexual predation can subsequently
be--
``(1) corrected under rule 35 of the Federal Rules of
Criminal Procedure and section 3742; or
``(2) appealed and modified under section 3742;
a judgment of conviction that includes such a sentence constitutes a
final judgment for all other purposes.
``Sec. 3587c. Right to hearing
``The defendant shall have the right to a hearing to determine
whether the defendant is a sexually dangerous person. That hearing
shall be conducted not earlier than 180 days before the scheduled
release of the defendant from the custody of the Bureau of Prisons
after the term of imprisonment.
``Sec. 3587d. Hearings to determine status as a sexually dangerous
person
``(a) In General.--Any hearing to determine whether a person
sentenced to a term of special confinement for the prevention of sexual
predation is a sexually dangerous person for purposes of this
subchapter or subchapter D of chapter 229 shall be conducted as
provided under this section.
``(b) Disposition.--If the person establishes by clear and
convincing evidence that the person is not a sexually dangerous person,
the court shall set aside or terminate a sentence to a term of special
confinement for the prevention of sexual predation and order the
release of the person as soon as possible after the date that the
person is released from the custody of the Bureau of Prisones after a
term of imprisonment.
``(c) Examination and Report.--In conducting a hearing under this
section, the court shall order an examination of the defendant by a
licensed psychologist or psychiatrist to determine whether the person
is a sexually dangerous person and a report on the results of that
examination.
``(d) Rights of Person.--
``(1) Except as provided in paragraph (2), a hearing under
this section shall be conducted in same manner as a hearing
under section 4247(d).
``(2) The person shall have the right to have the issue of
whether that person is a sexually dangerous person determined
by a jury impanelled pursuant to chapter 121 of title 28,
United States Code.
``(e) Role of the Government.--In a hearing under this section, the
attorney for the Government may present evidence, subpoena witnesses,
and confront and cross-examine witnesses.
``Sec. 3587e. Commencement of sentence
``A sentence to a term of special confinement for the prevention of
sexual predation commences on the date that the defendant is released
from the custody of the Bureau of Prisons after a term of imprisonment.
``Sec. 3587f. Definitions
``(a) In General.--Except as otherwise provided in this subchapter,
terms used in this subchapter have the meanings given such terms in
section 4247.
``(b) Sexually Dangerous Person.--For purposes of this subchapter,
the term `sexually dangerous person' means an individual who has been
convicted of a sexual offense that includes violent conduct as an
element of the offense, and who suffers from a mental, behavioral, or
emotional disorder affecting the emotional or volitional capacity which
predisposes that individual toward engaging in violent sexual acts to a
degree constituting such individual a menace to the health and safety
of others.
``Sec. 3587g. Implementation of a sentence of special confinement for
the prevention of sexual predation
``The implementation of a sentence of special confinement for the
prevention of sexual predation is governed by the provisions of
subchapter D of chapter 229.''.
SEC. 4. POSTSENTENCE ADMINISTRATION.
Chapter 229 of title 18, United States Code, is amended by adding
at the end the following:
``SUBCHAPTER D--SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION
``3631. Special confinement for the prevention of sexual predation.
``3632. Annual hearings.
``3633. Definitions.
``Sec. 3631. Special confinement for the prevention of sexual predation
``(a) In General.--A person who has been sentenced to a term of
special confinement for the prevention of sexual predation pursuant to
the provisions of subchapter E of chapter 227 shall be treated as
provided under subsection (b). The person shall be committed to the
custody of the Attorney General until--
``(1) the expiration of the term imposed;
``(2) the earlier release of the person pursuant to a
hearing under section 3587d; or
``(3) the transfer of that person to the custody of a State
pursuant to subsection (c).
``(b) Placement in a Suitable Facility.--If no State assumes
custody and responsibility of the defendant under subsection (c), the
Attorney General shall place the defendant in a suitable facility for
treatment.
``(c) State Custody.--If the State in which the person was
domiciled or tried will assume custody of the person and responsibility
for carrying out the sentence of special confinement for the prevention
of sexual predation in a manner consistent with the conditions
described in section 3632, the Attorney General shall commit the
defendant to the custody of that State. The Attorney General shall make
every reasonable effort to cause that State to assume such custody and
responsibility.
``Sec. 3632. Annual hearings
``(a) Commenced by Confined Person.--The confined person has the
right to not more than one hearing under section 3587d to determine
whether the confined person is a sexually dangerous person for each
year that person is confined.
``(b) Commenced by Supervisor Certification.--Not more than once
each year, the supervisor of the facility in which the confined person
is confined may commence a hearing under section 3587d to determine
whether the confined person is a sexually dangerous person by filing
with the court a certificate stating that the supervisor believes that
person is not a sexually dangerous person.
``Sec. 3633. Definitions
``Terms used in this subchapter have the same meanings as terms
under subchapter E of chapter 227.''.
SEC. 5. SENTENCE OF SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION IMPOSED FOR CERTAIN OFFENSES.
(a) Aggravated Sexual Abuse.--Section 2241 of title 18, United
States Code, is amended by adding at the end the following:
``(e) Additional Punishment.--Whoever commits an offense under this
section and is sentenced to a term of imprisonment shall, in addition,
be punished by special confinement for the prevention of sexual
predation for life.''.
(b) Sexual Abuse.--Section 2242 of title 18, United States Code, is
amended by adding at the end the following: ``Whoever commits an
offense under this section and is sentenced to a term of imprisonment
shall, in addition, be punished by special confinement for the
prevention of sexual predation for life.''.
(c) Offenses Resulting in Death.--Section 2245(a) of title 18,
United States Code, is amended by adding at the end the following:
``Whoever commits an offense under this section and is sentenced to a
term of imprisonment shall, in addition, be punished by special
confinement for the prevention of sexual predation for life.''.
(d) Sexual Exploitation of Children.--Section 2251(e) of title 18,
United States Code, is amended by adding at the end the following:
``Whoever commits an offense under this section and is sentenced to a
term of imprisonment shall, in addition, be punished by special
confinement for the prevention of sexual predation for life.''. | Sex Crime Re-Entry EvaluatioN (SCREEN) Act of 2010 - Amends the federal criminal code to allow a court to impose on a defendant who has been convicted of a serious sex crime, including aggravated sexual abuse, sex-related murder, and sexual exploitation of children, a term of special confinement, in addition to the sentence for the underlying crime, to prevent sexual predation. Authorizes the term of such confinement to be the life of the defendant. Allows such defendant the right to one hearing per year after confinement to determine whether such defendant is a sexually dangerous person. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to permit a court to sentence an offender who is determined to be sexually dangerous to a term of special confinement for the prevention of sexual predation, and for other purposes."} | 2,428 | 148 | 0.580175 | 1.477314 | 0.599312 | 2.603604 | 18.783784 | 0.873874 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Cheyenne Lands Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Northern Cheyenne Tribe has depended on the land of
the Tribe and the land-based resources of the Tribe to support
its way of life since time immemorial;
(2) the Tribe has made supreme and historic sacrifices to
repossess and maintain the homeland of the Tribe, including the
Reservation of the Tribe in the State of Montana;
(3) the Tribe suffers from tremendous social and economic
challenges, including a lack of employment opportunities on the
Reservation, which can be improved by strengthening the control
of the Tribe over the land base, natural resources, and trust
funds of the Tribe;
(4) the Tribe and the members of the Tribe are the
beneficial owners of more than 95 percent of the surface land
of the Reservation and all but approximately 5,000 subsurface
acres of the Reservation;
(5) the Tribe seeks to obtain ownership of approximately
5,000 subsurface acres on the Reservation that the Tribe does
not own as a result of an error made by the United States when
the Reservation was expanded in 1900;
(6) in 2002, the Tribe agreed by settlement to dismiss a
lawsuit against the United States which alleged that the United
States failed to protect the Reservation from the impacts of
coal development in return for assistance in securing tribal
ownership of the subsurface rights described in paragraph (5)
substantially in the form of this Act, and to secure mitigation
funding to address the impacts of coal development in areas
adjacent to the Reservation, among other conditions;
(7) to increase tribal ownership of the surface land, the
Tribe has purchased approximately 932 acres of land within the
Reservation that were, for various reasons, taken out of trust
ownership status;
(8) the Tribe has purchased approximately 635 acres of land
near Bear Butte, South Dakota, which the Tribe considers sacred
ground for the members of the Tribe, as well as for members of
other Indian tribes;
(9) the Tribe seeks to have the land and subsurface within
the Reservation and the Bear Butte land described in this
section taken into trust by the United States for the benefit
of the Tribe;
(10) the Tribe seeks clarification, consistent with the
1999 settlement with the United States, that the principal of
the funds arising from the Northern Cheyenne Indian Reserved
Water Rights Settlement Act of 1992 (Public Law 102-374; 106
Stat. 1186; 108 Stat. 707), the earnings from which are paid to
the Tribe and managed as the ``Northern Cheyenne Trust Fund''
by the Office of Special Trustee, may be transferred to the
Northern Cheyenne Tribe Permanent Fund, which has historically
provided strong returns to the Tribe in direct support of
tribal self-determination and to offset limited Federal funding
of important tribal governmental services; and
(11) if the conveyances of land and funds authorized under
this Act are carried out, the Tribe has agreed to waive all
legal claims against the United States arising out of the
longstanding loss of the subsurface rights and the management
of the Northern Cheyenne Trust Fund by the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Northern Cheyenne
Trust Fund identified in the June 7, 1999 Agreement Settling
Certain Issues Relating to the Tongue River Dam Project, which
was entered into by the Tribe, the State, and delegates of the
Secretary, and managed by the Office of Special Trustee in the
Department of the Interior.
(2) Great northern properties.--The term ``Great Northern
Properties'' means the Great Northern Properties Limited
Partnership, which is a Delaware limited partnership.
(3) Permanent fund.--The term ``Permanent Fund'' means the
Northern Cheyenne Tribe Permanent Fund managed by the Tribe
pursuant to the Plan for Investment, Management and Use of the
Fund, as amended by vote of the tribal membership on November
2, 2010.
(4) Reservation.--The term ``Reservation'' means the
Northern Cheyenne Reservation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Montana.
(7) Tribe.--The term ``Tribe'' means the Northern Cheyenne
Tribe.
SEC. 4. TRIBAL FEE LAND TO BE TAKEN INTO TRUST.
Not later than 60 days after the date of enactment of this Act, the
Secretary shall take the approximately 1,567 acres of land depicted on
the map entitled ``Northern Cheyenne Lands Act - Fee-to-Trust Lands''
and dated March 26, 2014, into trust for the benefit of the Tribe.
SEC. 5. MINERAL RIGHTS TO BE TAKEN INTO TRUST.
(a) Completion of Mineral Conveyances.--
(1) In general.--Not later than 60 days after the date on
which the Secretary receives the notification described in
subsection (c), in a single transaction--
(A) Great Northern Properties shall convey to the
Tribe all right, title, and interest of Great Northern
Properties, consisting of coal and iron ore mineral
interests, underlying the land on the Reservation
generally depicted as ``Great Northern Properties'' on
the map entitled ``Northern Cheyenne Land Act - Coal
Tracts'' and dated February 27, 2014; and
(B) subject to paragraph (2), the Secretary shall
convey to Great Northern Properties all right, title,
and interest of the United States in and to the coal
mineral interests underlying the land generally
depicted as ``Bull Mountains'' and ``East Fork'' on the
map entitled ``Northern Cheyenne Federal Tracts'' and
dated February 27, 2014.
(2) Requirement.--The Secretary shall ensure that the deed
for the conveyance authorized by paragraph (1)(B) shall include
a covenant running with the land that--
(A) precludes the coal conveyed from being mined by
any method other than underground mining techniques--
(i) until any surface owner (as defined in
section 714(e) of Public Law 95-87 (30 U.S.C.
1304(e))) for a specific tract has provided to
Great Northern Properties written consent to
enter the specific tract and commence surface
mining; and
(ii) except as determined to be acceptable
for further consideration for leasing in the
document of the Bureau of Land Management
entitled ``Billings Resource Area Final EIS and
Resource Management Plan'' and dated September
1984; and
(B) shall not create any property interest in the
United States or any surface owner (as defined in
section 714(e) of Public Law 95-87 (30 U.S.C.
1304(e))).
(b) Treatment of Land Transferred to Tribe.--
(1) In general.--At the request of the Tribe, the Secretary
shall take into trust for the benefit of the Tribe the mineral
interests conveyed to the Tribe under subsection (a)(1)(A).
(2) No state taxation.--The mineral interests conveyed to
the Tribe under subsection (a)(1)(A) shall not be subject to
taxation by the State (including any political subdivision of
the State).
(c) Revenue Sharing Agreement.--The Tribe shall notify the
Secretary, in writing, that--
(1) consistent with a settlement agreement entered into
between the Tribe and the State in 2002, the Tribe and Great
Northern Properties have agreed on a formula for sharing
revenue from development of the mineral interests described in
subsection (a)(1)(B) if those mineral interests are developed;
(2) the revenue sharing agreement remains in effect as of
the date of enactment of this Act; and
(3) Great Northern Properties has offered to convey the
mineral interests described in subsection (a)(1)(A) to the
Tribe.
(d) Waiver of Legal Claims.--As a condition of the conveyances of
mineral interests under subsection (a)(1)--
(1) the Tribe shall waive any and all claims relating to
the failure of the United States to acquire and take into trust
on behalf of the Tribe the mineral interests described in
subsection (a)(1)(A), as directed by Congress in 1900; and
(2) Great Northern Properties shall waive any and all
claims against the United States relating to the value of the
coal mineral interests described in subsection (a)(1)(B).
(e) Rescission of Mineral Conveyances.--If any portion of the
mineral interests conveyed under subsection (a)(1) is invalidated by
final judgment of a court of the United States--
(1) not later than 1 year after the date on which the final
judgment is rendered, the Secretary or Great Northern
Properties may agree to rescind the conveyances under
subsection (a)(1); and
(2) if the conveyances are rescinded under paragraph (1),
the waivers under subsection (d) shall no longer apply.
SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND TO TRIBE.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, all amounts in the Fund shall be deposited in the
Permanent Fund.
(b) Use of Amounts.--Of the amounts transferred to the Permanent
Fund under subsection (a)--
(1) the portion that is attributable to the principal of
the Fund shall be maintained in perpetuity; and
(2) any interest earned on the amounts described in
paragraph (1) shall be used in the same manner as interest
earned on amounts in the Permanent Fund may be used.
(c) Waiver of Legal Claims.--As a condition of the transfer under
subsection (a), the Tribe shall waive any and all claims arising from
the management of the Fund by the United States.
SEC. 7. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.
The transfer under section 6 shall not result in the reduction or
denial of any Federal service, benefit, or program to the Tribe or to
any member of the Tribe to which the Tribe or member is entitled or
eligible because of--
(1) the status of the Tribe as a federally recognized
Indian tribe; or
(2) the status of the member as a member of the Tribe.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as are necessary. | Northern Cheyenne Lands Act - Directs the Secretary of the Interior to take approximately 1,567 acres of land in Montana depicted on the map entitled "Northern Cheyenne Lands Act - Fee-to-Trust Lands" and dated March 26, 2014, into trust for the Northern Cheyenne Tribe. Requires: (1) Great Northern Properties to convey to the Tribe its coal and iron ore mineral interests underlying the land on the Northern Cheyenne Reservation generally depicted on the map entitled "Northern Cheyenne Land Act - Coal Tracts" and dated February 27, 2014, and (2) the Secretary to convey to Great Northern Properties all of U.S. coal mineral interests underlying the land generally depicted as "Bull Mountains" and "East Fork" on the map entitled "Northern Cheyenne Federal Tracts" and dated February 27, 2014. Conditions those conveyances on the Secretary receiving a notice from the Tribe that: (1) it has a revenue sharing agreement with Great Northern Properties regarding future development of the Northern Cheyenne Federal Tracts, and (2) Great Northern Properties has agreed to convey those coal and iron ore mineral interests to the Tribe. Directs the Secretary to ensure that the deed for those federal coal mineral interests includes a covenant, running with the land, that precludes surface mining of the coal: (1) absent the written consent of the surface owner, and (2) except as determined to be acceptable for further consideration for leasing in a specified Bureau of Land Management (BLM) document. Requires the coal and iron ore mineral interests conveyed to the Tribe under this Act to be held, upon the Tribe's request, in trust for the Tribe. Prohibits Montana from taxing the mineral interests this Act conveys to the Tribe. Requires that, in return for this Act's mineral conveyances: the Tribe must waive all of its claims relating to the failure of the United States to acquire those private coal and iron ore mineral interests in trust for the Tribe as part of its Reservation as directed by Congress in 1900, and Great Northern Properties must waive any claim against the United States relating to the value of the coal mineral interests it receives under this Act. Requires the Northern Cheyenne Trust Fund (Fund) to be transferred to the Tribe and deposited into the Tribe's Permanent Fund. Requires the Tribe, in return for such transfer, to waive all of its claims arising from U.S. management of the Fund. | {"src": "billsum_train", "title": "Northern Cheyenne Lands Act"} | 2,342 | 586 | 0.568801 | 1.943673 | 0.651726 | 3.191304 | 4.563043 | 0.891304 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore Online Shoppers' Confidence
Act''.
SEC. 2. FINDINGS; DECLARATION OF POLICY.
The Congress finds the following:
(1) The Internet has become an important channel of commerce in
the United States, accounting for billions of dollars in retail
sales every year. Over half of all American adults have now either
made an online purchase or an online travel reservation.
(2) Consumer confidence is essential to the growth of online
commerce. To continue its development as a marketplace, the
Internet must provide consumers with clear, accurate information
and give sellers an opportunity to fairly compete with one another
for consumers' business.
(3) An investigation by the Senate Committee on Commerce,
Science, and Transportation found abundant evidence that the
aggressive sales tactics many companies use against their online
customers have undermined consumer confidence in the Internet and
thereby harmed the American economy.
(4) The Committee showed that, in exchange for ``bounties'' and
other payments, hundreds of reputable online retailers and websites
shared their customers' billing information, including credit card
and debit card numbers, with third party sellers through a process
known as ``data pass''. These third party sellers in turn used
aggressive, misleading sales tactics to charge millions of American
consumers for membership clubs the consumers did not want.
(5) Third party sellers offered membership clubs to consumers
as they were in the process of completing their initial
transactions on hundreds of websites. These third party ``post-
transaction'' offers were designed to make consumers think the
offers were part of the initial purchase, rather than a new
transaction with a new seller.
(6) Third party sellers charged millions of consumers for
membership clubs without ever obtaining consumers' billing
information, including their credit or debit card information,
directly from the consumers. Because third party sellers acquired
consumers' billing information from the initial merchant through
``data pass'', millions of consumers were unaware they had been
enrolled in membership clubs.
(7) The use of a ``data pass'' process defied consumers'
expectations that they could only be charged for a good or a
service if they submitted their billing information, including
their complete credit or debit card numbers.
(8) Third party sellers used a free trial period to enroll
members, after which they periodically charged consumers until
consumers affirmatively canceled the memberships. This use of
``free-to-pay conversion'' and ``negative option'' sales took
advantage of consumers' expectations that they would have an
opportunity to accept or reject the membership club offer at the
end of the trial period.
SEC. 3. PROHIBITIONS AGAINST CERTAIN UNFAIR AND DECEPTIVE INTERNET
SALES PRACTICES.
(a) Requirements for Certain Internet-Based Sales.--It shall be
unlawful for any post-transaction third party seller to charge or
attempt to charge any consumer's credit card, debit card, bank account,
or other financial account for any good or service sold in a
transaction effected on the Internet, unless--
(1) before obtaining the consumer's billing information, the
post-transaction third party seller has clearly and conspicuously
disclosed to the consumer all material terms of the transaction,
including--
(A) a description of the goods or services being offered;
(B) the fact that the post-transaction third party seller
is not affiliated with the initial merchant, which may include
disclosure of the name of the post-transaction third party in a
manner that clearly differentiates the post-transaction third
party seller from the initial merchant; and
(C) the cost of such goods or services; and
(2) the post-transaction third party seller has received the
express informed consent for the charge from the consumer whose
credit card, debit card, bank account, or other financial account
will be charged by--
(A) obtaining from the consumer--
(i) the full account number of the account to be
charged; and
(ii) the consumer's name and address and a means to
contact the consumer; and
(B) requiring the consumer to perform an additional
affirmative action, such as clicking on a confirmation button
or checking a box that indicates the consumer's consent to be
charged the amount disclosed.
(b) Prohibition on Data-Pass Used To Facilitate Certain Deceptive
Internet Sales Transactions.--It shall be unlawful for an initial
merchant to disclose a credit card, debit card, bank account, or other
financial account number, or to disclose other billing information that
is used to charge a customer of the initial merchant, to any post-
transaction third party seller for use in an Internet-based sale of any
goods or services from that post-transaction third party seller.
(c) Application with Other Law.--Nothing in this Act shall be
construed to supersede, modify, or otherwise affect the requirements of
the Electronic Funds Transfer Act (15 U.S.C. 1693 et seq.) or any
regulation promulgated thereunder.
(d) Definitions.--In this section:
(1) Initial merchant.--The term ``initial merchant'' means a
person that has obtained a consumer's billing information directly
from the consumer through an Internet transaction initiated by the
consumer.
(2) Post-transaction third party seller.--The term ``post-
transaction third party seller'' means a person that--
(A) sells, or offers for sale, any good or service on the
Internet;
(B) solicits the purchase of such goods or services on the
Internet through an initial merchant after the consumer has
initiated a transaction with the initial merchant; and
(C) is not--
(i) the initial merchant;
(ii) a subsidiary or corporate affiliate of the initial
merchant; or
(iii) a successor of an entity described in clause (i)
or (ii).
SEC. 4. NEGATIVE OPTION MARKETING ON THE INTERNET.
It shall be unlawful for any person to charge or attempt to charge
any consumer for any goods or services sold in a transaction effected
on the Internet through a negative option feature (as defined in the
Federal Trade Commission's Telemarketing Sales Rule in part 310 of
title 16, Code of Federal Regulations), unless the person--
(1) provides text that clearly and conspicuously discloses all
material terms of the transaction before obtaining the consumer's
billing information;
(2) obtains a consumer's express informed consent before
charging the consumer's credit card, debit card, bank account, or
other financial account for products or services through such
transaction; and
(3) provides simple mechanisms for a consumer to stop recurring
charges from being placed on the consumer's credit card, debit
card, bank account, or other financial account.
SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) In General.--Violation of this Act or any regulation prescribed
under this Act shall be treated as a violation of a rule under section
18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair
or deceptive acts or practices. The Federal Trade Commission shall
enforce this Act in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this Act.
(b) Penalties.--Any person who violates this Act or any regulation
prescribed under this Act shall be subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act as though all applicable terms and provisions of the
Federal Trade Commission Act were incorporated in and made part of this
Act.
(c) Authority Preserved.--Nothing in this section shall be
construed to limit the authority of the Commission under any other
provision of law.
SEC. 6. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) Right of Action.--Except as provided in subsection (e), the
attorney general of a State, or other authorized State officer,
alleging a violation of this Act or any regulation issued under this
Act that affects or may affect such State or its residents may bring an
action on behalf of the residents of the State in any United States
district court for the district in which the defendant is found,
resides, or transacts business, or wherever venue is proper under
section 1391 of title 28, United States Code, to obtain appropriate
injunctive relief.
(b) Notice to Commission Required.--A State shall provide prior
written notice to the Federal Trade Commission of any civil action
under subsection (a) together with a copy of its complaint, except that
if it is not feasible for the State to provide such prior notice, the
State shall provide such notice immediately upon instituting such
action.
(c) Intervention by the commission.--The Commission may intervene
in such civil action and upon intervening--
(1) be heard on all matters arising in such civil action; and
(2) file petitions for appeal of a decision in such civil
action.
(d) Construction.--Nothing in this section shall be construed--
(1) to prevent the attorney general of a State, or other
authorized State officer, from exercising the powers conferred on
the attorney general, or other authorized State officer, by the
laws of such State; or
(2) to prohibit the attorney general of a State, or other
authorized State officer, from proceeding in State or Federal court
on the basis of an alleged violation of any civil or criminal
statute of that State.
(e) Limitation.--No separate suit shall be brought under this
section if, at the time the suit is brought, the same alleged violation
is the subject of a pending action by the Federal Trade Commission or
the United States under this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Restore Online Shoppers' Confidence Act - Defines "post-transaction third party seller" as a person that: (1) sells, or offers for sale, any good or service on the Internet; (2) solicits purchases on the Internet through an initial merchant after the consumer has initiated a transaction with the initial merchant; and (3) is not the initial merchant, a subsidiary or corporate affiliate of the initial merchant, or a successor to the initial merchant or subsidiary.
Makes it unlawful for any post-transaction third party seller to charge or attempt to charge any consumer's credit card, debit card, bank account, or other such financial account in an Internet-based transaction, unless: (1) before obtaining the consumer's billing information, the seller has disclosed all material terms, including the fact that the such seller is not affiliated with the initial merchant, and a description and the cost of the offered goods or services; and (2) the seller has received the express informed consent from the consumer for the charge.
Makes it unlawful for an initial merchant to disclose such financial account number or other billing information to any post-transaction third party Internet seller (sometimes referred to as a data-pass).
Makes it unlawful for any person to charge or attempt to charge a consumer for goods or services sold in an Internet-based transaction through a negative option feature unless the person: (1) provides text that clearly and conspicuously discloses all material terms of the transaction before obtaining the consumer's billing information; (2) obtains a consumer's express informed consent before charging the consumer's financial account for products or services through such transaction; and (3) provides simple mechanisms for a consumer to stop recurring charges from being placed on the consumer's financial account. Defines "negative option feature" to mean, in an offer or agreement to sell or provide any goods or services, a provision under which the customer's silence or failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer.
Treats a violation of this Act or any regulation thereunder as an unfair or deceptive act or practice. Requires the Federal Trade Commission (FTC) to enforce this Act.
Authorizes the attorney general of a state to bring an action for injunctive relief in federal court on behalf of the state's residents. | {"src": "billsum_train", "title": "A bill to protect consumers from certain aggressive sales tactics on the Internet."} | 2,170 | 510 | 0.552206 | 2.051975 | 0.729536 | 5.327623 | 4.351178 | 0.942184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Repayment Assistance
Act of 2017''.
SEC. 2. STUDENT LOAN REPAYMENT PROGRAM CREDIT.
(a) In General.--Subpart D 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 section:
``SEC. 45S. STUDENT LOAN REPAYMENT PROGRAM CREDIT.
``(a) In General.--For purposes of section 38, the employer-
provided student loan repayment credit determined under this section
for the taxable year is an amount equal to 10 percent of all qualified
student loan repayments of the taxpayer for such taxable year.
``(b) Qualified Student Loan Repayment.--For purposes of this
section, the term `qualified student loan repayment' means, with
respect to any employee of an employer, so much of the amounts paid
under a student loan repayment program by the employer on behalf of
such employee as does not exceed $500 per month.
``(c) Student Loan Repayment Program.--For purposes of this
section--
``(1) In general.--A student loan repayment program is a
separate written plan of an employer for the exclusive benefit
of his employees to provide such employees with student loan
payment assistance which meets the requirements of paragraphs
(2) through (5).
``(2) Direct payment for employee education loans.--A plan
meets the requirements of this paragraph if payments under the
plan are made on behalf of the employee directly to the lender
or loan servicer of a qualified education loan (as defined in
section 221(d)) which was incurred by the employee and is
attributable to education furnished to such employee.
``(3) Participation and non-discrimination.--A plan meets
the requirements of this paragraph if the employer makes the
program (and assistance provided thereunder) widely available
to employees (determined under such regulations as the
Secretary shall prescribe to prevent plans from discriminating
in favor of employees who are highly compensated employees
(within the meaning of section 414(q))).
``(4) Reports.--A plan meets the requirements of this
paragraph if, for any taxable year for which a credit is
allowed under this section, the employer reports to the
Secretary (at such time and in such form and manner as the
Secretary may prescribe) the number of employees utilizing the
plan, the number of employees eligible to participate in the
plan, and the terms of such plan.
``(5) Notice.--A plan meets the requirements of this
paragraph if reasonable notification of the availability and
terms of the program are provided to all eligible employees.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``plus'' at the end of paragraph (35),
by striking the period at the end of paragraph (36) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(37) the employer-provided student loan repayment credit
determined under section 45S(a).''.
(c) Credit Refundable for Certain Small Employers.--
(1) In general.--Section 38(c) of such Code is amended by
redesignating paragraph (6) as paragraph (7) and by inserting
after paragraph (5) the following new paragraph:
``(6) Special rules for employer-provided student loan
repayment credit.--
``(A) In general.--In the case of the employer-
provided student loan repayment credit determined under
section 45S(a) with respect to a specified small
business or any organization exempt from tax under
section 501(a)--
``(i) this section and section 39 shall be
applied separately with respect to such
credits,
``(ii) in applying paragraph (1) to such
credits--
``(I) the tentative minimum tax
shall be treated as being zero, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the employer-
provided student loan repayment
credit), and
``(iii) the amount of such credits in
excess of the limitation under paragraph (1)
(as modified by subparagraph (B)(ii)) shall be
treated as a credit under subpart C.
``(B) Specified small business.--For purposes of
this paragraph, the term `specified small business'
means--
``(i) an eligible small business
(determined by substituting `$5,000,000' for
`$50,000,000' in paragraph (5)(C)), or
``(ii) a corporation, partnership, or sole
proprietorship which during the preceding
taxable year employed not more than 100 full-
time employees.
For purposes of clause (ii), an employee shall be
considered full-time if such employee is employed at
least 30 hours per week for 20 or more calendar weeks
in the taxable year and all members of the same
controlled group of corporations (within the meaning of
section 52(a)) and all persons under common control
(within the meaning of section 52(b)) shall be treated
as 1 person.''.
(2) Conforming amendments.--
(A) Section 38(c)(2)(A)(ii)(II) of such Code is
amended by striking ``and the specified credits'' and
inserting ``the specified credits, and the employer-
provided student loan repayment credit determined under
section 45S(a)''.
(B) Section 38(c)(3)(A)(ii)(II) of such Code is
amended by striking ``and the specified credits'' and
inserting ``, the specified credits, and the employer-
provided student loan repayment credit determined under
section 45S(a)''.
(C) Section 38(c)(4)(A)(ii)(II) of such Code is
amended by inserting ``and the employer-provided
student loan repayment credit determined under section
45S(a)'' after ``specified credits''.
(D) Section 1324(b)(2) of title 31, United States
Code, is amended by inserting ``38(c)(6),'' after
``36B,''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec 45S. Student loan repayment program credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Student Loan Repayment Assistance Act of 2017 This bill amends the Internal Revenue Code to allow a business-related tax credit for an employer's payments for employees under a student loan repayment program. The credit is equal to 10% of the amounts that an employer pays on behalf of any employee under a program and is refundable for certain small businesses and tax-exempt organizations. The payments for an employee may not exceed $500 per month. | {"src": "billsum_train", "title": "Student Loan Repayment Assistance Act of 2017"} | 1,500 | 91 | 0.575362 | 1.379266 | 0.865791 | 2.588235 | 15.670588 | 0.870588 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Chief Information Officer of the
United States Act of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Congress finds the following:
(1) Information technology is rapidly transforming social
relations, political processes, and the economies of the United
States and countries around the world.
(2) The Federal Government is not taking full advantage of
the opportunities provided by information technology to more
efficiently and effectively perform Governmental functions,
including more timely and effective delivery of services to the
public and more cost-effective Government operations.
(3) Federal agencies are not complying with existing
statutory requirements to improve the management of information
technology and related information resources, including
establishing information technology investment control
processes, providing adequate protections for personal privacy
and information security, systematically managing records
maintained in electronic formats, and developing effective
tools for delivering services to the public through the
Internet.
(4) New leadership at the highest levels of the Federal
Government is required to improve significantly agency
development, application, and management of information
technology and related information resources, and to enhance
the ability of the Office of Management and Budget to oversee
agency information resources management under chapter 35 of
title 44, United States Code.
(5) The rapidly expanding use of the Internet as a means
for providing services to the public calls for a Federal
Government-wide effort to bridge the digital divide and bring
the promise of the Information Age to all members of the
public, while maintaining the security and privacy required by
laws such as the Government Paperwork Elimination Act (title
XVII of Pub. Law 105-277; 112 Stat. 2681-749) and the
provisions enacted by the Computer Security Act of 1987 (Pub.
Law 100-235; 101 Stat. 1724).
(6) The information technology available to the Federal
Government to provide services to the public calls for new
approaches across agencies to provide consolidated points of
public access to those services.
(b) Purposes.--The purposes of this Act are the following:
(1) To establish a central focal point to provide effective
leadership for efforts by the Federal Government to use
information technology to more efficiently and effectively
perform governmental functions.
(2) To provide a mechanism for improved coordination among
Federal agencies for the development, application, and
management of information technology and related information
resources by the Federal Government.
(3) To create opportunities for innovation in the
development, application, and management of information
technology and related information resources by the Federal
Government.
SEC. 3. OFFICE OF INFORMATION TECHNOLOGY.
(a) Establishment.--There is established in the Executive Office of
the President an Office of Information Technology (hereinafter in this
Act referred to as the ``Office''). The purpose of the Office shall be
to serve as a source of technical, policy, and management analysis,
leadership, and advice for the President and agencies with respect to
the development, application, and management of information technology
by the Federal Government.
(b) Chief Information Officer of the United States.--
(1) Head of office.--There shall be at the head of the
Office a Chief Information Officer of the United States
(hereinafter in this Act referred to as the ``Chief Information
Officer''), who shall serve as a special assistant to, and
report directly to, the President. The Chief Information
Officer shall be appointed by the President, by and with the
advice and consent of the Senate, from among persons who have
demonstrated through practical experience in the public or
private sectors knowledge, skills, and leadership abilities in
the management and innovative use of information technology
necessary for the performance of the functions required under
this Act.
(2) Functions.--The Chief Information Officer shall, to the
extent that the President determines appropriate and in the
interest of the United States--
(A) be the principal adviser to the President on
matters relating to the development, application, and
management of information technology by the Federal
Government; and
(B) in addition to such other functions and
activities as the President may assign--
(i) advise the President on opportunities
to use information technology to improve the
efficiency and effectiveness of programs and
operations of the Federal Government;
(ii) review and recommend to the President
and the Director of the Office of Management
and Budget changes to the budget and
legislative proposals of agencies to ensure
more efficient and effective use of information
technology to serve agency missions, including
enhanced service delivery to the public;
(iii) provide leadership in innovative uses
of information technology by agencies through
support of experimentation, testing, and
adoption of innovative concepts and
technologies, particularly with regard to
multi-agency initiatives;
(iv) identify opportunities, and coordinate
major multi-agency information technology
initiatives, to improve communication and data
exchange among all levels of government and
with the public, including by providing
consolidated points of public access to
government services;
(v) promote agency investments in
information technology that enhance service
delivery to the public, improve cost-effective
government operations, and serve such other
objectives determined to be critical by the
President;
(vi) advise the Director of the Office of
Management and Budget to ensure effective
implementation of the functions and
responsibilities assigned under chapter 35 of
title 44, United States Code;
(vii) serve as the chairperson of the Chief
Information Officers Council established under
section 4;
(viii) direct, at his discretion, the use
by the Administrator of General Services of
available budget authority in the Information
Technology Fund established by section 110 of
the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 757);
(ix) consult with the heads of agencies
that operate national security systems to
ensure effective communication among all
agencies concerning experiences in best
practices in the development, application, and
management of information technology; and
(x) consult with leaders in information
technology management in State governments
(including the National Association of State
Information Resources Executives), the private
sector, and foreign governments to increase
understanding of, and collaboration on, best
practices and innovative approaches for the
development, application, and management of
information technology.
(3) Annual report.--The Chief Information Officer shall
submit an annual report to the President and Congress
describing--
(A) efforts undertaken by the Chief Information
Officer to improve the development, application, and
management of information technology, including--
(i) the results of major information
technology initiatives, including those funded
by the Information Technology Fund; and
(ii) recommendations to improve Federal
policies and practices with regard to the
development, application, and management of
information technology; and
(B) the results of major activities undertaken by
the Chief Information Officers Council to carry out the
functions described in section 4.
(4) Compensation.--Section 5312 of title 5, United States
Code, is amended by adding at the end the following:
``Chief Information Officer of the United States.''
(c) Employees.--The Chief Information Officer shall appoint the
employees of the Office, but the Office shall have no more than twelve
employees.
SEC. 4. CHIEF INFORMATION OFFICERS COUNCIL.
(a) Establishment.--There is established in the executive branch a
Chief Information Officers Council (hereinafter in this Act referred to
as the ``Council'').
(b) Membership.--The members of the Chief Information Officers
Council shall be as follows:
(1) The chief information officer of each agency that is
described in section 901(b) of title 31, United States Code.
(2) The chief information officer of any agency designated
by the Chief Information Officer.
(3) The Administrator of the Office of Information and
Regulatory Affairs in the Office of Management and Budget.
(4) Any other officers or employees of the United States
designated by the Chief Information Officer.
(c) Administrative Provisions.--
(1) Chairman.--The Chief Information Officer shall be the
Chairman of the Council.
(2) Deputy chairman.--
(A) The Deputy Chairman of the Council shall be
selected by the Council from among its members.
(B) The Deputy Chairman shall serve a one-year
term, and may serve multiple terms.
(3) Support.--The Administrator of General Services shall
provide administrative and other support for the Council,
including resources provided through the Information Technology
Fund established by section 110 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 757).
(d) Functions.--The Council shall--
(1) assist and advise in the development and implementation
of Federal policies and practices with regard to agency
development, application, and management of information technology;
(2) assist and advise the Chief Information Officer and the
Director of the Office of Management and Budget in developing
and maintaining the Government-wide strategic information
resources management plan required by section 3506 of title 44,
United States Code;
(3) assist and advise the Chief Information Officer in the
selection and coordination of--
(A) multi-agency initiatives to improve the
performance of agency missions through the use of
information technology; and
(B) pilot projects to test alternative approaches
for agencies to plan for, acquire, and manage
information technology;
(4) coordinate and monitor the development and use of
common performance measures for agency information resources
management activities;
(5) coordinate the acquisition and provision of common
infrastructure services to facilitate communication and data
exchange among agencies and with State, local, and tribal
governments;
(6) review and make recommendations to address the hiring,
training, classification, and professional development needs of
agencies with regard to the development, application, and
management of information technology;
(7) review and make recommendations with regard to
information technology standards, including those developed
under section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) and section 5131 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1441);
(8) consult with appropriate individuals and organizations
at all levels of government and the private sector to enhance
understanding of opportunities to improve the development,
application, and management of information technology to serve
public needs; and
(9) consult with appropriate agencies to facilitate
effective participation by the Federal Government in
international information-related activities and organizations.
SEC. 5. NATIONAL SECURITY SYSTEMS.
(a) Inapplicability of Act to National Security Systems.--This Act
does not apply to national security systems, as that term is defined by
section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).
(b) Requirements.--The head of an agency responsible for a national
security system shall--
(1) comply with the provisions of this Act with regard to
information technology other than such national security
system; and
(2) consult with the Chief Information Officer to ensure
effective communication concerning best practices experiences
in the development, application, and management of information
technology.
SEC. 6. DEFINITIONS.
The definitions in section 3502 of title 44, United States Code,
shall apply with respect to this Act.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 44, U.S.C.--(1) Section 3503(b) of title 44, United
States Code, is amended in the second sentence by inserting before the
period the following: ``, and shall coordinate all such functions with
the Chief Information Officer of the United States''.
(2) Section 3504(a)(2) of title 44, United States Code, is amended
by inserting before the period the following: ``and in consultation
with the Chief Information Officer of the United States''.
(b) Federal Property and Administrative Services Act.--Section
110(a) of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 757(a)), is amended by inserting at the end the following:
``(3) The Administrator's decisions with regard to
obligations of, and expenditures from, the Fund shall be
subject to direction by the Chief Information Officer of the
United States.''.
SEC. 8. FTS 2000 PROGRAM.
The authority of the Chief Information Officer under this Act to
direct the use by the Administrator of General Services of available
budget authority in the Information Technology Fund established by
section 110 of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 757) is subject to the limitation provided under
section 5124(b) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1424(b))
with regard to the Administrator's management of the FTS 2000 program
and any follow-on to the program.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act, to
remain available until expended, such sums as may be necessary for each
of fiscal years 2001 through 2005.
SEC. 10. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 60 days after the date of the enactment of this Act. | Provides for such office to be headed by a Chief Information Officer who shall be the President's principal adviser on matters relating to such development, application, and management of information technology.
Establishes in the executive branch a Chief Information Officers Council to assist and advise in the development and implementation of Federal policies and practices with regard to agency development, application, and management of information technology.
Provides that this Act shall not apply to national security systems. | {"src": "billsum_train", "title": "Chief Information Officer of the United States Act of 2000"} | 2,721 | 95 | 0.51378 | 1.341972 | 0.661145 | 5.252874 | 31.206897 | 0.954023 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nursing Relief for Disadvantaged
Areas Act of 1998''.
SEC. 2. REQUIREMENTS FOR ADMISSION OF NON-IMMIGRANT NURSES IN HEALTH
PROFESSIONAL SHORTAGE AREAS DURING 4-YEAR PERIOD.
(a) Establishment of a New Nonimmigrant Classification for
Nonimmigrant Nurses in Health Professional Shortage Areas.--Section
101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)) is amended by striking ``; or'' at the end and
inserting the following: ``, or (c) who is coming temporarily to the
United States to perform services as a registered nurse, who meets the
qualifications described in section 212(m)(1), and with respect to whom
the Secretary of Labor determines and certifies to the Attorney General
that an unexpired attestation is on file and in effect under section
212(m)(2) for the facility (as defined in section 212(m)(6)) for which
the alien will perform the services; or''.
(b) Requirements.--Section 212(m) of the Immigration and
Nationality Act (8 U.S.C. 1182(m)) is amended to read as follows:
``(m)(1) The qualifications referred to in section
101(a)(15)(H)(i)(c), with respect to alien who is coming to the United
States to perform nursing services for a facility, are that the alien--
``(A) has obtained a full and unrestricted license to
practice professional nursing in the country where the alien
obtained nursing education or has received nursing education in
the United States;
``(B) has passed an appropriate examination (recognized in
regulations promulgated in consultation with the Secretary of
Health and Human Services) or has a full and unrestricted
license under State law to practice professional nursing in the
State of intended employment; and
``(C) is fully qualified and eligible under the laws
(including such temporary or interim licensing requirements
which authorize the nurse to be employed) governing the place
of intended employment to engage in the practice of
professional nursing as a registered nurse immediately upon admission
to the United States and is authorized under such laws to be employed
by the facility.
``(2)(A) The attestation referred to in section
101(a)(15)(H)(i)(c), with respect to a facility for which an alien will
perform services, is an attestation as to the following:
``(i) The facility meets all the requirements of paragraph
(6).
``(ii) The employment of the alien will not adversely
affect the wages and working conditions of registered nurses
similarly employed.
``(iii) The alien employed by the facility will be paid the
wage rate for registered nurses similarly employed by the
facility.
``(iv) The facility has taken and is taking timely and
significant steps designed to recruit and retain sufficient
registered nurses who are United States citizens or immigrants
who are authorized to perform nursing services, in order to
remove as quickly as reasonably possible the dependence of the
facility on nonimmigrant registered nurses.
``(v) There is not a strike or lockout in the course of a
labor dispute, the facility has not laid off registered nurses
within the previous year other than termination for cause, and
the employment of such an alien is not intended or designed to
influence an election for a bargaining representative for
registered nurses of the facility.
``(vi) At the time of the filing of the petition for
registered nurses under section 101(a)(15)(H)(i)(c), notice of
the filing has been provided by the facility to the bargaining
representative of the registered nurses at the facility or,
where there is no such bargaining representative, notice of the
filing has been provided to the registered nurses employed at
the facility through posting in conspicuous locations.
``(vii) The facility will not, at any time, employ a number
of aliens issued visas or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(i)(c) that exceeds 33
percent of the total number of registered nurses employed by
the facility.
``(viii) The facility will not, with respect to any alien
issued a visa or otherwise provided non-immigrant status under
section 101(a)(15)(H)(i)(c)--
``(I) authorize the alien to perform nursing
services at any worksite other than a worksite
controlled by the facility; or
``(II) transfer the place of employment of the
alien from one worksite to another.
Nothing in clause (iv) shall be construed as requiring a facility to
have taken significant steps described in such clause before the date
of the enactment of the Health Professional Shortage Area Nursing
Relief Act of 1998. A copy of the attestation shall be provided, within
30 days of the date of filing, to registered nurses employed at the
facility on the date of the filing.
``(B) For purposes of subparagraph (A)(iv), each of the following
shall be considered a significant step reasonably designed to recruit
and retain registered nurses:
``(i) Operating a training program for registered nurses at
the facility or financing (or providing participation in) a
training program for registered nurses elsewhere.
``(ii) Providing career development programs and other
methods of facilitating health care workers to become
registered nurses.
``(iii) Paying registered nurses wages at a rate higher
than currently being paid to registered nurses similarly
employed in the geographic area.
``(iv) Providing adequate support services to free
registered nurses from administrative and other non-nursing
duties.
``(v) Providing reasonable opportunities for meaningful
salary advancement by registered nurses.
The steps described in this subparagraph shall not be considered to be
an exclusive list of the significant steps that may be taken to meet
the conditions of subparagraph (A)(iv). Nothing in this subparagraph
shall require a facility to take more than one step if the facility can
demonstrate, and the Attorney General determines, that taking a second
step is not reasonable.
``(C) Subject to subparagraph (E), an attestation under
subparagraph (A)--
``(i) shall expire on the date that is the later of--
``(I) the end of the one-year period beginning of
the date of its filing with the Secretary of Labor; or
``(II) the end of the period of admission under
section 101(a)(15)(H)(i)(c) of the last alien with
respect to whose admission it was applied (in
accordance with clause (ii)); and
``(ii) shall apply to petitions filed during the one-year
period beginning on the date of its filing with the Secretary
of Labor if the facility states in each such petition that it
continues to comply with the conditions in the attestation.
``(D) A facility may meet the requirements under this paragraph
with respect to more than one registered nurse in a single petition.
``(E)(i) The Secretary of Labor shall compile and make available
for public examination in a timely manner in Washington, D.C., a list
identifying facilities which have filed petitions for nonimmigrants
under section 101(a)(15)(H)(i)(c) and, for each such facility, a copy
of the facility's attestation under subparagraph (A) (and accompanying
documentation) and each such petition filed by the facility.
``(ii) The Secretary of Labor shall establish a process, including
reasonable time limits, for the receipt, investigation, and disposition
of complaints respecting a facility's failure to meet conditions
attested to or a facility's misrepresentation of a material fact in an
attestation. Complaints may be filed by any aggrieved person or
organization (including bargaining representatives, associations deemed
appropriate by the Secretary, and other aggrieved parties as determined
under regulations of the Secretary). The Secretary shall conduct an
investigation under this clause if there is reasonable cause to believe
that a facility fails to meet conditions attested to. Subject to the
time limits established under this clause, this subparagraph shall
apply regardless of whether an attestation is expired or unexpired at
the time a complaint is filed.
``(iii) Under such process, the Secretary shall provide, within 180
days after the date such a complaint is filed, for a determination as
to whether or not a basis exists to make a finding described in clause
(iv). If the Secretary determines that such a basis exists, the
Secretary shall provide for notice of such determination to the
interested parties and an opportunity for a hearing on the complaint
within 60 days of the date of the determination.
``(iv) If the Secretary of Labor finds, after notice and
opportunity for a hearing, that a facility (for which an attestation is
made) has failed to meet a condition attested to or that there was a
misrepresentation of material fact in the attestation, the Secretary
shall notify the Attorney General of such finding and may, in addition,
impose such an administrative remedies (including civil monetary
penalties in an amount not to exceed $1,000 per nurse per violation,
with the total penalty not to exceed $10,000 per violation) as the
Secretary determines to be appropriate. Upon receipt of such notice,
the Attorney General shall not approve petitions filed with respect to
a facility during a period of at least one year for nurses to be
employed by the facility.
``(v) In addition to the sanctions provided for under clause (iv),
if the Secretary of Labor finds, after notice and an opportunity for a
hearing that, a facility has violated the condition attested to under
subparagraph (A)(iii) (relating to payment of registered nurses at the
prevailing wage rate), the Secretary shall order the facility to
provide for payment of such amounts of back pay as may be required to
comply with such condition.
``(F)(i) The Secretary of Labor shall impose on a facility filing
an attestation under subparagraph (A) a filing fee, in an amount
prescribed by the Secretary based on the costs of carrying out the
Secretary's duties under this subsection, but not exceeding $250.
``(ii) Fees collected under this subparagraph shall be deposited in
a fund established for this purpose in the Treasury of the United
States.
``(iii) The collected fees in the fund shall be available to the
Secretary of Labor, to the extent and in such amounts as may be
provided in appropriations Acts, to cover the costs described in clause
(i), in addition to any other funds that are available to the Secretary
to cover such costs.
``(3) The period of admission of an alien under section
101(a)(15)(H)(i)(c) shall be 3 years.
``(4) The total number of nonimmigrant visas issued pursuant to
petitions granted under section 101(a)(15)(H)(i)(c) in each fiscal year
shall not exceed 500. The number of petitions granted under section
101(a)(15)(H)(i)(c) for each State in each fiscal year shall not exceed
the following:
``(A) For States with populations of less than 10,000,000
based upon the 1990 decennial census of population, 25
petitions.
``(B) For States with populations of 10,000,000 or more,
based upon the 1990 decennial census of population, 50
petitions.
``(5) A facility that has filed a petition under section
101(a)(15)(H)(I)(c) to employ a nonimmigrant to perform nursing
services for the facility--
``(A) shall provide the nonimmigrant a wage rate and
working conditions commensurate with those of nurses similarly
employed by the facility;
``(B) shall require the nonimmigrant to work hours
commensurate with those of nurses similarly employed by the
facility; and
``(C) shall not interfere with the right of the
nonimmigrant to join or organize a union.
``(6) For purposes of this subsection and section
101(a)(15)(H)(i)(c), the term `facility' means a subsection (d)
hospital (as defined in section 1886(d)(1)(B) of the Social Security
Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the following requirements:
``(A) As of March 31, 1997, the hospital was located in a
health professional shortage area (as defined in section 332 of
the Public Health Service Act (42 U.S.C. 254e)).
``(B) Based on its settled cost report filed under title
XVIII of the Social Security Act for its costs reporting period
beginning during fiscal year 1994--
``(i) the hospital has not less than 190 licensed
acute care beds;
``(ii) the number of the hospital's inpatient days
for such period which were made up of patients who (for
such days) were entitled to benefits under part A of
such title is not less than 35 percent of the total
number of such hospital's acute care inpatient days for
such period; and
``(iii) the number of the hospital's inpatient days
for such period which were made up of patients who (for
such days) were eligible for medical assistance under a
State plan approved under title XIX of the Social
Security Act, is not less than 28 percent of the total
number of such hospital's acute care inpatient days for
such period.''.
(c) Repealer.--Clause (i) of section 101(a)(15)(H) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended
by striking subclause (a).
(d) Implementation.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Labor (in consultation, to the
extent required, with the Secretary of Health and Human Services) and
the Attorney General shall promulgate final or interim final
regulations to carry out section 212(m) of the Immigration and
Nationality Act (as amended by subsection (b)).
(e) Limiting Application of Nonimmigrant Changes to 4-Year
Period.--The amendments made by this section shall apply to
classification petitions filed for nonimmigrant status only during the
4-year period beginning on the date that interim or final regulation
are first promulgated under subsection (d).
SEC. 3. RECOMMENDATIONS FOR ALTERNATIVE REMEDY FOR NURSING SHORTAGE.
Not later than the last day of the 4-year period described in
section 2(e), the Secretary of Health and Human Services and the
Secretary of Labor shall jointly submit to the congress recommendations
(including legislative specifications) with respect to the following:
(1) A program to eliminate the dependence of facilities
described in section 212(m)(6) of the Immigration and
Nationality Act (as amended by section 2(b)) on nonimmigrant
registered nurses by providing for a permanent solution to the
shortage of registered nurses who are United States citizens or
aliens lawfully admitted for permanent residence.
(2) A method of enforcing the requirements imposed on
facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the
Immigration and Nationality Act (as amended by section 2) that
would be more effective than the process described in section
212(m)(2)(E) of such Act (as so amended). | Nursing Relief for Disadvantaged Areas Act of 1998 - Amends the Immigration and Nationality Act to establish a nonimmigrant classification for (nonimmigrant) nurses in health professional shortage areas. Sets forth admissions requirements, including a maximum three-year stay. Limits: (1) eligible hospitals; (2) fiscal year entrants; and (3) the number of entrants permitted to work in any one State.
Requires the Secretary of Labor to compile a public list of facilities petitioning for the admission of each such nurse.
Directs the Secretary and the Secretary of Health and Human Services to jointly submit recommendations for an alternative solution to using foreign nurses to resolve the U.S. nursing shortage. | {"src": "billsum_train", "title": "Nursing Relief for Disadvantaged Areas Act of 1998"} | 3,546 | 158 | 0.480576 | 1.323617 | 0.703932 | 2.21374 | 23.251908 | 0.839695 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gateway Communities Cooperation Act
of 2002''.
SEC. 2. IMPROVED RELATIONSHIP BETWEEN FEDERAL LAND MANAGERS AND GATEWAY
COMMUNITIES TO SUPPORT COMPATIBLE LAND MANAGEMENT OF BOTH
FEDERAL AND ADJACENT LANDS.
(a) Findings.--The Congress finds the following:
(1) Communities that are adjacent to or near Federal lands,
including units of the National Park System, units of the
National Wildlife Refuge System, units of the National Forest
System, and lands administered by the Bureau of Land
Management, are vitally impacted by the management and public
use of these Federal lands.
(2) These communities, commonly known as gateway
communities, fulfill an integral part in the mission of the
Federal lands by providing necessary services, such as schools,
roads, search and rescue, emergency, medical, provisioning,
logistical support, living quarters, and drinking water and
sanitary systems, for both visitors to the Federal lands and
employees of Federal land management agencies.
(3) Provision of these vital services by gateway
communities is an essential ingredient for a meaningful and
enjoyable experience by visitors to the Federal lands because
Federal land management agencies are unable to provide, or are
prevented from providing, these services.
(4) Gateway communities serve as an entry point for persons
who visit the Federal lands and are ideal for establishment of
visitor services, including lodging, food service, fuel and
auto repairs, emergency services, and visitor information.
(5) Development in these gateway communities affect the
management and protection of these Federal lands, depending on
the extent to which advance planning for the local development
is coordinated between the communities and Federal land
managers.
(6) The planning and management decisions of Federal land
managers can have unintended consequences for gateway
communities and the Federal lands, when the decisions are not
adequately communicated to, or coordinated with, the elected
officials and residents of gateway communities.
(7) Experts in land management planning are available to
Federal land managers, but persons with technical planning
skills are often not readily available to gateway communities,
particularly small gateway communities.
(8) Gateway communities are often affected by the policies
and actions of several Federal land agencies and both the
communities and the agencies would benefit from greater
interagency coordination of those policies and actions.
(9) Persuading gateway communities to make decisions and
undertake actions in their communities that would also be in
the best interest of the Federal lands is most likely to occur
when such decisionmaking and actions are built upon a
foundation of cooperation and coordination.
(b) Purpose.--It is the purpose of this Act to require Federal land
managers to communicate, coordinate, and cooperate with gateway
communities in order to--
(1) improve the relationships among Federal land managers,
elected officials, and residents of gateway communities;
(2) enhance the facilities and services in gateway
communities available to visitors to Federal lands, when
compatible with the management of these lands; and
(3) result in better local land use planning and decisions
by Federal land managers.
(c) Definitions.--In this section:
(1) Gateway community.--The term ``gateway community''
means a county, city, town, village, or other subdivision of a
State, or a federally recognized American Indian tribe or
Alaska Native village, that--
(A) is incorporated or recognized in a county or
regional land use plan; and
(B) a Federal land manager (or the head of the
tourism office for the State) determines is
significantly affected economically, socially, or
environmentally by planning and management decisions
regarding Federal lands administered by that Federal
land manager.
(2) Federal land agencies.--The term ``Federal land
agencies'' means the National Park Service, United States
Forest Service, United States Fish and Wildlife Service, and
the Bureau of Land Management.
(3) Federal land manager.--The term ``Federal land
manager'' means--
(A) the superintendent of a unit of the National
Park System;
(B) the manager of a national wildlife refuge;
(C) the field office manager of a Bureau of Land
Management area; or
(D) the supervisor of a unit of the National Forest
System.
(d) Participation in Federal Planning and Land Use.--
(1) Participation in planning.--The Federal land agencies
shall provide for meaningful public involvement at the earliest
possible time by elected and appointed officials of governments
of local gateway communities in the development of land use
plans, programs, land use regulations, land use decisions,
transportation plans, general management plans, and any other
plans, decisions, projects, or policies for Federal public
lands under the jurisdiction of these agencies that will have a
significant impact on these gateway communities. To facilitate
such involvement, the Federal land agencies shall provide these
officials, at the earliest possible time, with a summary in
nontechnical language of the assumptions, purposes, goals, and
objectives of such a plan, decision, project, or policy and a
description of any anticipated significant impact of the plan,
decision, or policy on gateway communities.
(2) Early notice of proposed decisions.--To the extent
practicable, the Federal land agencies shall provide local
gateway communities with early public notice of proposed
decisions of these agencies that may have a significant impact
on gateway communities.
(3) Training sessions.--The Federal land agencies shall
offer training sessions for elected and appointed officials of
gateway communities at which such officials can obtain a better
understanding of--
(A) agency planning processes; and
(B) the methods by which they can participate most
meaningfully in the development of the agency plans,
decisions, and policies referred to in paragraph (1).
(4) Technical assistance.--At the request of the government
of a gateway community, a Federal land agency shall assign, to
the extent practicable, an agency employee or contractor to
work with the community to develop data and analysis relevant
to the preparation of agency plans, decisions, and policies
referred to in paragraph (1).
(5) Review of federal land management planning.--At the
request of a gateway community, and to the extent practicable,
a Federal land manager shall assist the gateway community to
conduct a review of land use, management, or transportation
plans of the Federal land manager likely to affect the gateway
community.
(6) Coordination of land use.--To the extent consistent
with the laws governing the administration of the Federal
public lands, a Federal land manager may enter into a
cooperative agreement with a gateway community to provide for
coordination between--
(A) the land use inventory, planning, and
management activities for the Federal lands
administered by the Federal land manager; and
(B) the land use planning and management activities
of other Federal agencies, agencies of the State in
which the Federal lands are located, and local and
tribal governments in the vicinity of the Federal
lands.
(7) Interagency cooperation and coordination.--To the
extent practicable, when the plans and activities of two or
more Federal land agencies are anticipated to have a
significant impact on a gateway community, the Federal land
agencies involved shall consolidate and coordinate their plans
and planning processes to facilitate the participation of the
gateway community in the planning processes.
(8) Treatment as cooperating agencies.--When a proposed
action is determined to require the preparation of an
environmental impact statement, the Federal land agencies
shall, as soon as practicable, but not later than the scoping
process, actively solicit the participation of gateway
communities as cooperating agencies under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(e) Grants To Assist Gateway Communities.--
(1) Grants authorized; purposes.--A Federal land manager
may make grants to an eligible gateway community to enable the
gateway community--
(A) to participate in Federal land planning or
management processes;
(B) to obtain professional land use or
transportation planning assistance necessary as a
result of Federal action;
(C) to address and resolve public infrastructure
impacts that are identified through these processes as
a likely result of the Federal land management decisions and for which
sufficient funds are not otherwise available; and
(D) to provide public information and interpretive
services about the Federal lands administered by the
Federal land manager and the gateway community.
(2) Eligible gateway communities.--To be eligible for a
grant under this subsection, a gateway community may not have a
population in excess of 10,000 persons.
(f) Funding Sources.--
(1) General agency funds.--A Federal land agency may use
amounts available for the general operation of the agency to
provide funds to Federal land managers of that agency to make
grants under subsection (e).
(2) Other planning or project development funds.--Funds
available to a Federal land manager for planning, construction,
or project development may also be used to fund programs under
subsection (d) and make grants under subsection (e).
(3) Combination of funds.--Federal land managers from
different Federal land agencies may combine financial resources
to make grants under subsection (e). | Gateway Communities Cooperation Act of 2002 - Requires the National Park Service, United States Forest Service, the U.S. Fish and Wildlife Service, and the Bureau of Land Management to: (1) provide for public involvement by government officials of local gateway communities (communities adjacent to or near public lands) in the development of land use plans, programs, regulations, and decisions, transportation plans, general management plans, and any other public land plans, decisions, projects, or policies that will have a significant impact; (2) provide such communities with early public notice of such proposed decisions; (3) offer training sessions for officials for understanding and participating in agency planning processes; (4) assign an employee or contractor to work with such a community to develop data and analysis relevant in the preparation of agency plans, decisions, and policies; and (5) assist in conducting a review of plans likely to affect such community.Allows a Federal land manager to enter into a cooperative agreement with gateway communities to provide for coordination between Federal, State, local, and tribal governments in land use inventory, planning, and management activities.Requires, to the extent practicable, the consolidation and coordination of the plans and planning processes of two or more Federal agencies to facilitate an affected gateway community's participation.Requires the Federal land agencies to, as soon as practicable (but not later than the scoping process), actively solicit the participation of gateway communities as cooperating agencies when a proposed action is determined to require the preparation of an environmental impact statement.Allows a Federal land manager to make grants to enable an eligible gateway community (population 10,000 or less) to: (1) participate in Federal land planning or management processes; (2) obtain professional land use or transportation planning assistance necessary as a result of Federal action; (3) address and resolve public infrastructure impacts that are a likely result of the Federal land management decisions and for which sufficient funds are not otherwise available; and (4) provide information and interpretive services.Provides for funding for grants from the following sources: (1) general land agency funds; (2) funds available to a Federal land manager for planning, construction, or project development; and (3) funds combined by Federal land managers from different Federal land agencies. | {"src": "billsum_train", "title": "To require Federal land managers to support, and to communicate, coordinate, and cooperate with, designated gateway communities, to improve the ability of gateway communities to participate in Federal land management planning conducted by the Forest Service and agencies of the Department of the Interior, and to respond to the impacts of the public use of the Federal lands administered by these agencies, and for other purposes."} | 1,927 | 461 | 0.641721 | 2.252936 | 0.849901 | 4.225734 | 4.234763 | 0.96614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Homeland Event Response
Operations Grant Act of 2009''.
SEC. 2. GRANTS FOR LOCAL HOMELAND EVENT RESPONSE OPERATIONS.
(a) In General.--Title XX of the Homeland Security Act of 2002 (6
U.S.C. 601 et seq.) is amended by adding at the end the following:
``Subtitle C--Other Assistance
``SEC. 2041. GRANTS FOR LOCAL HOMELAND EVENT RESPONSE OPERATIONS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
law enforcement agency or fire department of a State or local
government (including a tribal government), including a police
department, sheriff's office, or homeland security or emergency
management department, that--
``(A) normally operates not more than 50 miles
from--
``(i) the location of a special event; or
``(ii) the United States port of entry
closest to the special event, if the special
event takes place outside of the United States;
or
``(B) participates in preparation for and
activities during or directly following a special
event.
``(2) Special event.--The term `special event' means an
event designated under subsection (c).
``(b) Grants.--The Secretary may make a grant to an eligible entity
for overtime expenses relating to preparation for and activities during
or directly following from a special event.
``(c) Designation of Special Events.--
``(1) In general.--Regardless of whether an event is
designated as a special event or given another similar security
designation under any other provision of law, the President or
the Secretary may designate an event as a special event for
purposes of this section if the event is an event of
significant national importance (including international events
of significant national importance) that--
``(A) may require--
``(i) extensive Federal interagency
security and incident management preparedness;
``(ii) predeployment of Federal assets;
``(iii) consultation, technical advice and
support to specific functional areas in which
the State or local government agencies may lack
expertise or key resources;
``(iv) designation of a Federal
Coordinator; and
``(v) development of an integrated Federal
Support Plan; or
``(B) may require--
``(i) direct national-level Federal support
and situational awareness;
``(ii) limited predeployment of Federal
assets;
``(iii) consultation, technical advice, and
support to specific functional areas in which
the State or local government agencies may lack
expertise or key resources;
``(iv) designation of a Federal
Coordinator; and
``(v) development of an integrated Federal
Support Plan.
``(2) Special events of national significance.--Any event
that has been designated by the President as a special event of
national significance under section 3056(e) of title 18, United
States Code, or a similar provision of law shall be designated
as a special event.
``(d) Applications.--
``(1) In general.--An eligible entity may apply for a grant
under this section, and shall submit such information in
support of the application as the Secretary may reasonably
require.
``(2) Joint applications authorized.--A group of eligible
entities may jointly submit an application for a grant under
this section for a single special event.
``(3) Notification of opportunity to apply.--The Secretary
shall--
``(A) notify an eligible entity of the opportunity
to apply for a grant under this section; and
``(B) provide access to application materials and
adequate time for preparation and submission of
applications.
``(4) Separate applications required.--An eligible entity
shall separately apply for each special event for which the
eligible entity seeks amounts under a grant under this section.
``(5) Minimum content of application.--The Secretary shall
require that an application for a grant under this section, at
a minimum, includes--
``(A) the purpose for which the eligible entity
seeks the grant;
``(B) a budget showing how the eligible entity
intends to expend funds received under the grant; and
``(C) a description of the special event for which
the eligible entity seeks the grant.
``(e) Use of Funds.--
``(1) In general.--A grant under this section may be used
by an eligible entity for salary and benefits for necessary
overtime in preparation for, during, or directly following a
special event by--
``(A) an employee of the eligible entity; or
``(B) a contractor of the eligible entity that
performs law enforcement duties.
``(2) Limitation.--A grant under this section shall be used
to supplement and not to supplant funds of State or local
governments (including a tribal government).
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
each of fiscal years 2010 through 2015.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by adding after the item relating to section 2022 the
following:
``Subtitle C--Other Assistance
``Sec. 2041. Grants for local homeland event response operations.''. | Local Homeland Event Response Operations Grant Act of 2009 - Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security (DHS) to make grants to a law enforcement agency or fire department for overtime expenses relating to preparation for, and activities during or directly following, a special event.
Authorizes the President or the Secretary to designate an event as a special event if it is an event of significant national importance that may require consultation, technical advice, and support to specific functional areas in which the state or local government agencies may lack expertise or key resources, designation of a Federal Coordinator, and development of an integrated Federal Support Plan and either: (1) extensive federal interagency security and incident management preparedness and predeployment of federal assets; or (2) direct national-level federal support and situational awareness and limited predeployment of federal assets. | {"src": "billsum_train", "title": "A bill to amend the Homeland Security Act of 2002 to authorize grants for use in response to homeland security events of national and international significance."} | 1,254 | 185 | 0.735943 | 1.856552 | 0.952785 | 4.170732 | 6.981707 | 0.963415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Omnibus Transportation Employee
Testing Act Amendments of 1995''.
SEC. 2. MASS TRANSIT TESTING.
Section 5331(b)(1)(A) of title 49, United States Code, is amended
to read as follows:
``(b) Testing Program for Mass Transportation Employees.--(1)(A) In
the interest of mass transportation safety, the Secretary of
Transportation shall prescribe regulations that establish a program
requiring mass transportation operations that receive financial
assistance under section 5307, 5309, or 5311 of this title or section
103(e)(4) of title 23 to conduct preemployment, reasonable suspicion,
random and post-accident testing of mass transportation employees
responsible for safety-sensitive functions (as decided by the
Secretary) for the use of a controlled substance in violation of law or
a United States Government regulation; and to conduct reasonable
suspicion, random and post-accident testing of such employees for the
use of alcohol in violation of law or a United States Government
regulation. The regulations shall permit such operations to conduct
preemployment testing of such employees for the use of alcohol.''.
SEC. 3. RAILROAD TESTING.
Section 20140(b)(1)(A) of title 49, United States Code, is amended
to read as follows:
``(A) a railroad carrier to conduct preemployment,
reasonable suspicion, random and post-accident testing of all
railroad employees responsible for safety-sensitive functions
(as decided by the Secretary) for the use of a controlled
substance in violation of law or a United States Government
regulation; and to conduct reasonable suspicion, random and
post-accident testing of such employees for the use of alcohol
in violation of law or a United States Government regulation.
The regulations shall permit such railroad carriers to conduct
preemployment testing of such employees for the use of alcohol;
and''.
SEC. 4. MOTOR CARRIER TESTING.
Section 31306(b)(1)(A) of title 49, United States Code, is amended
to read as follows:
``(b) Testing Program for Operators of Commercial Motor Vehicles.--
(1)(A) In the interest of commercial motor vehicle safety, the
Secretary of Transportation shall prescribe regulations that establish
a program requiring motor carriers to conduct preemployment, reasonable
suspicion, random and post-accident testing of operators of commercial
motor vehicles for the use of controlled substance in violation of law
or a United States Government regulation; and to conduct reasonable
suspicion, random and post-accident testing of such operators for the
use of alcohol in violation of law or a United States Government
regulation. The regulations shall permit such motor carriers to conduct
preemployment testing of such employees for the use of alcohol.''.
SEC. 5. AVIATION TESTING.
(a) Section 45102(a)(1) of title 49, United States Code, is amended
to read as follows:
``(a) Program for Employees of Air Carriers and Foreign Air
Carriers.--(1) In the interest of aviation safety, the Administrator of
the Federal Aviation Administration shall prescribe regulations that
establish a program requiring air carriers and foreign air carriers to
conduct preemployment, reasonable suspicion, random and post-accident
testing of airmen, crewmembers, airport security screening contract
personnel, and other air carrier employees responsible for safety-
sensitive functions (as decided by the Administrator) for the use of a
controlled substance in violation of law or a United States Government
regulation; and to conduct reasonable suspicion, random and post-
accident testing of airmen, crewmembers, airport security screening
contract personnel, and other air carrier employees responsible for
safety-sensitive functions (as decided by the Administrator) for the
use of alcohol in violation of law or a United States Government
regulation. The regulations shall permit air carriers and foreign air
carriers to conduct preemployment testing of airmen, crewmembers,
airport security screening contract personnel, and other air carrier
employees responsible for safety-sensitive functions (as decided by the
Administrator) for the use of alcohol.''.
(b) Section 45102(b)(1) of title 49, United States Code, is amended
to read as follows:
``(b) Program for Employees of the Federal Aviation
Administration.--(1) The Administrator shall establish a program of
preemployment, reasonable suspicion, random and post-accident testing
for the use of a controlled substance in violation of law or a United
States Government regulation for employees of the Administration whose
duties include responsibility for safety-sensitive functions; and shall
establish a program of reasonable suspicion, random and post-accident
testing for the use of alcohol in violation of law or a United States
Government regulation for such employees. The Administrator may
establish a program of preemployment testing for the use of alcohol for
such employees.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act are effective on the date of
enactment of the Act. | Omnibus Transportation Employee Testing Act Amendments of 1995 - Amends Federal transportation law to eliminate the requirement for preemployment alcohol testing of: (1) mass transit employees responsible for safety-sensitive functions; (2) railroad employees responsible for safety-sensitive functions; (3) operators of commercial motor vehicles; (4) air carrier employees responsible for safety-sensitive functions; and (5) Federal Aviation Administration employees responsible for safety-sensitive functions. Permits the preemployment testing for the use of alcohol by such employees. | {"src": "billsum_train", "title": "Omnibus Transportation Employee Testing Act Amendments of 1995"} | 1,062 | 100 | 0.636399 | 1.78452 | 0.892329 | 3.8 | 9.83 | 0.94 |
SECTION 1. FEDERAL ONLINE VOTER REGISTRATION APPLICATION FORM.
(a) In General.--The National Voter Registration Act of 1993 (52
U.S.C. 20501 et seq.) is amended by inserting after section 6 the
following new section:
``SEC. 6A. ONLINE VOTER REGISTRATION.
``(a) Development.--The Election Assistance Commission shall, in
consultation with chief election officers of the States, develop an
online voter registration platform which--
``(1) contains an online version of the mail voter
registration application form prescribed under section 9(a)(2)
(in this section referred to as the `online voter registration
application form') that--
``(A) meets the requirements of section 9(b) and
section 303(a)(4) of the Help America Vote Act of 2002;
and
``(B) allows for the applicant to provide--
``(i) an identification number which the
State or jurisdiction in which the applicant is
registering may use to identify an existing
signature of the applicant on file with such
State or jurisdiction; or
``(ii) an electronic signature in such form
or by such method as is acceptable by the State
or jurisdiction to which the applicant is
registering; and
``(2)(A) requires an applicant to indicate whether the
applicant is currently registered to vote in any other
jurisdiction (and, if so, to provide information identifying
such other jurisdiction; and
``(B) in the case of an applicant who is registered to vote
in another jurisdiction, treats submission and acceptance of
such application in a new jurisdiction as a request under
section 8(a)(3)(A) to cancel registration in such other
jurisdiction.
``(b) Duties of Election Assistance Commission.--
``(1) Transmission of completed applications and
cancellation requests.--The Election Assistance Commission
shall automatically forward completed online voter registration
application forms and cancellation requests pursuant to
subsection (a)(2)(B) to the appropriate chief State election
officials and, acting through such officials, to appropriate
State and local election officials in the State.
``(2) Registration through state-based platforms.--If the
Election Assistance Commission confirms a certification of the
chief election official of a State that the State has developed
a platform that meets the requirements of subsection (a), the
Election Assistance Commission shall automatically connect
applicants for registration in that State to such State
platform in lieu of the platform developed under subsection
(a).
``(c) Acceptance of Completed Applications.--A State shall accept
an online voter registration application form transmitted under
subsection (b), and ensure that the individual is registered to vote in
the State, if the individual meets the same voter registration
requirements applicable to individuals who register to vote by mail in
accordance with section 6(a)(1) using the mail voter registration
application form prescribed by the Election Assistance Commission
pursuant to section 9(a)(2).
``(d) Procedures if No Existing Electronic Signature.--If a State
does not accept an electronic signature for an individual registering
online and there is insufficient information to identify an existing
signature of the applicant on file with the State or jurisdiction, the
State shall allow the individual to finalize the individual's
registration by providing a signature at the poll prior to voting for
the first time in such jurisdiction after acceptance of the online
voter registration application form.
``(e) First-Time Voters.--
``(1) In general.--Subject to paragraph (2), a State may by
law require a person to vote in person if--
``(A) the person registered to vote in a
jurisdiction online under this section; and
``(B) the person has not previously voted in that
jurisdiction.
``(2) Exception.--Paragraph (1) does not apply in the case
of a person--
``(A) who is entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens Absentee
Voting Act;
``(B) who is provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of the
Voting Accessibility for the Elderly and Handicapped
Act;
``(C) who has provided sufficient information for
the purposes of identifying an existing signature of
the applicant on file with such State or jurisdiction;
or
``(D) who is entitled to vote otherwise than in
person under any other Federal law.
``(3) Application to states with all-mail voting.--Nothing
in this subsection shall be construed to prevent a State from
conducting elections entirely by mail-in ballot.''.
(b) Conforming Amendments.--
(1) State procedures.--Section 4(a) of the National Voter
Registration Act of 1993 (52 U.S.C. 20503(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) by online application pursuant to section 6A; and''.
(2) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1))
is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) in the case of registration online under
section 6A, if the valid voter registration application
is submitted not later than the lesser of 20 days, or
the period provided by State law, before the date of
the election (as determined by treating the date on
which the application is completed online as the date
on which it is submitted); and''.
(3) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5))
is amended by striking ``and 7'' and inserting ``6A, and 7''.
(c) Applicability of Online Registration.--Section 4(b) of such Act
(52 U.S.C. 20503(b)) is amended by adding at the end the following new
flush sentence:
``Notwithstanding the preceding sentence, subsection (a)(3) and
sections 6A and 8(a)(1)(D) shall continue to apply to any State
described in paragraph (2).''.
(d) Application of First Time Voter Requirements Under Help America
Vote Act.--
(1) In general.--Section 303(b)(1)(A) of the Help America
Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by
inserting ``or by online application'' after ``by mail''.
(2) Exceptions.--Section 303(b)3) of such Act is amended--
(A) in subparagraph (A), by inserting ``or who
registers to vote by online application under section
6A of such Act'' before ``and submits'', and
(B) in subparagraph (B)(i), by inserting ``or who
registers to vote by online application under section
6A of such Act'' before ``and submits''.
SEC. 2. INCLUSION OF ONLINE VOTER REGISTRATION APPLICATION IN USPS
ONLINE CHANGE OF ADDRESS PROCESS.
(a) In General.--The Postmaster General shall ensure that the
United States Postal Service Online Change of Address process--
(1) incorporates the online voter registration platform
developed under section 6A of the National Voter Registration
Act of 1993, as added by section 1; and
(2) allows individuals to register to vote during the
process.
(b) Transmission of Completed Applications.--The Postmaster General
shall coordinate with the Election Assistance Commission to ensure that
applications and requests for cancellation through the platform under
paragraph (1) are forwarded in accordance with section 6A(b)(1) of the
National Voter Registration Act of 1993, as added by section 1.
SEC. 3. VOTER REGISTRATION DEADLINE.
Section 8(a)(1) of the National Voter Registration Act of 1993 (52
U.S.C. 20507(a)(1)) is amended by striking ``30 days'' each place it
appears and inserting ``28 days''. | This bill amends the National Voter Registration Act of 1993 to direct the Election Assistance Commission (EAC) to: (1) develop an online voter registration application platform; and (2) forward automatically completed online voter registration application forms and cancellation requests to the appropriate chief state election officials and, acting through such officials, to appropriate state and local election officials in the state. The EAC shall automatically connect registration applicants to the state platform in lieu of the federal platform in any state that has developed one meeting the requirements of this Act. A state may require a first-time voter registered online to vote in person. The Postmaster General shall ensure that the U.S. Postal Service Online Change of Address process incorporates the online voter registration platform and allows individuals to register to vote during the process. The Act is amended with respect to administration of voter registration to change the voter registration application deadline from the lesser of 30 days or the period provided by state law before the date of election to the lesser of 28 days or the period provided by state law. | {"src": "billsum_train", "title": "A bill to amend the National Voter Registration Act of 1993 to provide for online voter registration and for other purposes."} | 1,896 | 209 | 0.62958 | 1.744972 | 0.997081 | 4.024876 | 8.208955 | 0.950249 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Military Academy
Bicentennial Commemorative Coin Act of 1993''.
SEC. 2. COIN SPECIFICATIONS.
(a) Five Dollar Gold Coins.--
(1) Issuance.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall issue not more
than 50,000 $5 coins, which shall weigh 8.359 grams, have a
diameter of 0.850 inches, and shall contain 90 percent gold and
10 percent alloy.
(2) Design.--The design of the $5 coins shall be emblematic
of the United States Military Academy and its motto ``Duty,
Honor, Country''. On each such coin there shall be a
designation of the value of the coin, an inscription of the
year ``2002'', and inscriptions of the words ``Liberty'', ``In
God We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(b) One Dollar Silver Coins.--
(1) Issuance.--The Secretary shall issue not more than
250,000 $1 coins, which shall weigh 26.73 grams, have a
diameter of 1.500 inches, and shall contain 90 percent silver
and 10 percent copper.
(2) Design.--The design of the $1 coins shall be emblematic
of the United States Military Academy and its motto ``Duty,
Honor, Country''. On each such coin there shall be a
designation of the value of the coin, an inscription of the
year ``2002'', and inscriptions of the words ``Liberty'', ``In
God We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(c) Half Dollar Clad Coins.--
(1) Issuance.--The Secretary shall issue not more than
350,000 half dollar coins, each of which shall weigh 11.34
grams, have a diameter of 1.205 inches; and be minted to the
specifications for half dollar coins contained in section
5112(b) of title 31, United States Code.
(2) Design.--The design of the half dollar coins shall be
emblematic of the United States Military Academy and its motto
``Duty, Honor, Country''. On each such coin there shall be a
designation of the value of the coin, an inscription of the
year ``2002'', and inscriptions of the words ``Liberty'', ``In
God We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(d) Legal Tender.--The coins issued under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
SEC. 3. SOURCES OF BULLION.
(a) Silver Bullion.--The Secretary shall obtain silver for the
coins minted under this Act only from stockpiles established under the
Strategic and Critical Materials Stock Piling Act.
(b) Gold Bullion.--The Secretary shall obtain gold for the coins
minted under this Act pursuant to the authority of the Secretary under
existing law.
SEC. 4. SELECTION OF DESIGN.
The design for each coin authorized by this Act shall be selected
by the Secretary after consultation with the Commission of Fine Arts
and the Bicentennial Steering Group, Association of Graduates, United
States Military Academy. As required by section 5135 of title 31,
United States Code, the designs shall also be reviewed by the Citizens
Commemorative Coin Advisory Committee.
SEC. 5. ISSUANCE OF THE COINS.
(a) Gold Coins.--The $5 coins authorized under this Act may be
issued in uncirculated and proof qualities and shall be struck at the
United States Bullion Depository at West Point.
(b) Silver and Half Dollar Coins.--The $1 coins and the half dollar
coins authorized under this Act may be issued in uncirculated and proof
qualities, except that not more than 1 facility of the United States
Mint may be used to strike any particular combination of denomination
and quality.
(c) Commencement of Issuance.--The coins authorized under this Act
shall be available for issue not later than March 16, 2002.
(d) Sunset Provision.--No coins shall be minted under this Act
after December 31, 2002.
SEC. 6. SALE OF THE COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of the face value of the
coins, the surcharge provided in subsection (d) with respect to such
coins, and the cost of designing and issuing such coins (including
labor, materials, dies, use of machinery, overhead expenses, marketing,
and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales at a
reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins prior to the issuance of such coins. Sales under this
subsection shall be at a reasonable discount.
(d) Surcharge Required.--All sales shall include a surcharge of $25
per coin for the $5 coins, $5 per coin for the $1 coins, and $1 per
coin for the half dollar coins.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
No provision of law governing procurement or public contracts shall
be applicable to the procurement of goods or services necessary for
carrying out the provisions of this Act. Nothing in this section shall
relieve any person entering into a contract under the authority of this
Act from complying with any law relating to equal employment
opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
The total surcharges collected by the Secretary from the sale of
the coins issued under this Act shall be promptly paid by the Secretary
to the Association of Graduates, United States Military Academy to
assist the Association of Graduates' efforts to provide direct support
to the academic, military, physical, moral, and ethical development
programs of the Corps of Cadets, United States Military Academy.
SEC. 9. AUDITS.
The Comptroller General of the United States shall have the right
to examine such books, records, documents, and other data of the
Association of Graduates, United States Military Academy as may be
related to the expenditure of amounts paid under section 8.
SEC. 10. NUMISMATIC PUBLIC ENTERPRISE FUND.
The coins issued under this Act are subject to the provisions of
section 5134 of title 31, United States Code, relating to the
Numismatic Public Enterprise Fund.
SEC. 11. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take all
actions necessary to ensure that the issuance of the coins authorized
by this Act shall result in no net cost to the United States
Government.
(b) Adequate Security for Payment Required.--No coin shall be
issued under this Act unless the Secretary has received--
(1) full payment therefore;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | United States Military Academy Bicentennial Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to issue five-dollar gold coins, one-dollar silver coins, and half dollar clad coins emblematic of the U.S. Military Academy. Mandates that surcharges collected from coin sales be paid to the Association of Graduates, U.S. Military Academy, to assist its efforts to provide direct support to the Corps of Cadets, U.S. Military Academy. | {"src": "billsum_train", "title": "United States Military Academy Bicentennial Commemorative Coin Act of 1993"} | 1,626 | 107 | 0.540809 | 1.364453 | 0.333803 | 2.790123 | 17.765432 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Stamp Benefits for Aliens
Restoration Act of 1997''.
SEC. 2. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR CERTAIN FEDERAL
PROGRAMS.
(a) In General.--Section 402(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)) (as
amended by section 5301, 5302(a), 5303(a), and 5304 of the Balanced
Budget Act of 1997 (Public Law 105-33; 111 Stat. 597, 598, 600)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking clause (ii);
(ii) by striking ``Asylees.--'' and all
that follows through ``paragraph (3)(A)'' and
inserting ``Asylees.--With respect to the
specified Federal program described in
paragraph (3)''; and
(iii) by redesignating subclauses (I)
through (IV) as clauses (i) through (iv) and
indenting appropriately;
(B) in subparagraph (D)--
(i) by striking clause (ii); and
(ii) in clause (i)--
(I) by striking ``(i) SSI.--'' and
all that follows through ``paragraph
(3)(A)'' and inserting the following:
``(i) In general.--With respect to the
specified Federal program described in
paragraph (3)'';
(II) by redesignating subclauses
(II) through (IV) as clauses (ii)
through (iv) and indenting
appropriately;
(III) by striking ``subclause (I)''
each place it appears and inserting
``clause (i)''; and
(IV) in clause (iv) (as
redesignated by subclause (II)), by
striking ``this clause'' and inserting
``this subparagraph''; and
(C) in subparagraphs (E) through (H), by striking
``paragraph (3)(A)'' each place it appears and
inserting ``paragraph (3)''; and
(2) in paragraph (3)--
(A) by striking ``means any'' and all that follows
through ``The supplemental'' and inserting ``means the
supplemental''; and
(B) by striking subparagraph (B).
(b) Conforming Amendments.--
(1) Section 402(b)(2)(F) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(2)(F)) (as added by section 5305(b) of the Balanced
Budget Act of 1997 (Public Law 105-33; 111 Stat. 601)) is
amended by striking ``subsection (a)(3)(A)'' and inserting
``subsection (a)(3)''.
(2) Section 403(d) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(d)) (as
added by section 5303(c) of the Balanced Budget Act of 1997
(Public Law 105-33; 111 Stat. 600)) is amended by striking
``subsections (a)(3)(A)'' and inserting ``subsections (a)(3)''.
SEC. 3. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL
MEANS-TESTED PUBLIC BENEFIT.
Section 403(c)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)) is amended
by adding at the end the following:
``(L) Assistance or benefits under the Food Stamp
Act of 1977 (7 U.S.C. 2011 et seq).''.
SEC. 4. AUTHORITY FOR STATES TO PROVIDE FOR ATTRIBUTION OF SPONSORS
INCOME AND RESOURCES TO THE ALIEN WITH RESPECT TO STATE
PROGRAMS.
Section 422(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1632(b)) is amended by adding at
the end the following:
``(8) Programs comparable to assistance or benefits under
the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq).''.
SEC. 5. DERIVATIVE ELIGIBILITY FOR BENEFITS.
Section 436 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1646) (as added by section 5305(a)
of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 601))
is repealed.
SEC. 6. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
Section 213A of the Immigration and Nationality Act (8 U.S.C.
1183a) is amended--
(1) in subsection (a)(1)(B), by striking ``(as defined in
subsection (e) of this section)''; and
(2) by inserting after subsection (f) the following:
``(g) Means-Tested Public Benefit Defined.--In this section, the
term `means-tested public benefit' does not include assistance or
benefits provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq).''.
SEC. 7. STATUS OF CUBAN AND HAITIAN ENTRANTS.
Section 6(f) of the Food Stamp Act of 1977 (7 U.S.C. 2015(f)) is
amended in the first sentence by inserting before the period at the end
the following: ``; or (G) an alien who is a Cuban and Haitian entrant
(as defined in section 501(e) of the Refugee Education Assistance Act
of 1980 (Public Law 96-422; 8 U.S.C. 1522 note))''.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall be effective as
if included in the enactment of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2105). | Food Stamp Benefits for Aliens Restoration Act of 1998 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended by the Balanced Budget Act of 1997, to eliminate specified eligibility restrictions for qualified aliens (as defined in such Acts) with respect to: (1) food stamps; and (2) Federal means- tested public benefits.
(Sec. 4) Prohibits States from attributing sponsor or spousal income and resources in determining an alien's food stamp or comparable program eligibility or benefits.
(Sec. 5) Repeals the prohibition on an alien's derivative food stamp eligibility based upon supplemental security income eligibility.
(Sec. 6) States that with respect to a sponsor affidavit of support means-tested public benefit does not include food stamps.
(Sec. 7) Amends the Food Stamp Act to make Cuban or Haitian refugee entrants eligible for food stamps. | {"src": "billsum_train", "title": "Food Stamp Benefits for Aliens Restoration Act of 1997"} | 1,485 | 215 | 0.52052 | 1.411256 | 0.736808 | 2.213873 | 6.693642 | 0.849711 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Claims Guidance Act''.
SEC. 2. RULES FOR ACTIONS UNDER FALSE CLAIMS PROVISIONS BASED ON CLAIMS
SUBMITTED UNDER CERTAIN HEALTH CARE PROGRAMS.
(a) In General.--Subchapter III of chapter 37 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 3734. Rules for certain actions based on health care claims
``(a) In General.--In the case of any action that is brought under
this subchapter based on a claim submitted with respect to a federally
funded health care program, the preceding provisions of this subchapter
shall apply only to the extent that such provisions are consistent with
the provisions of this section.
``(b) Actions if Amount of Damages Are Material Amount.--
Notwithstanding the preceding sections of this subchapter, no action
may be brought under this subchapter based on a claim that is submitted
under a federally funded health care program unless the amount of
damages alleged to have been sustained by the United States Government
with respect to such claim is a material amount.
``(c) Actions for Claims Submitted in Reliance on Official
Guidance.--Notwithstanding the preceding sections of this subchapter,
no action may be brought under this subchapter based on a claim
submitted--
``(1) in reliance on (and correctly using) erroneous
information supplied by a Federal agency (or an agent thereof)
about matters of fact at issue; or
``(2) in reliance on (and correctly applying) written
statements of Federal policy which affects such claim provided
by a Federal agency (or an agent thereof).
``(d) Action for Claims Submitted by Persons in Substantial
Compliance With Model Compliance Plan.--Notwithstanding the preceding
sections of this subchapter, no action may be brought under this
subchapter based on a claim submitted by a person that is in
substantial compliance with a model compliance plan issued by the
Secretary of Health and Human Services (in consultation with the
Secretary of Defense).
``(e) Standard of Proof.--In any action brought under this
subchapter with respect to a claim submitted to a federally funded
health care program, section 3731(c) shall be applied by substituting
`clear and convincing evidence' for `a preponderance of the evidence'.
``(f) Rule of Construction.--Nothing in this section shall be
construed as limiting the authority of the Government of the United
States to recoup or otherwise recover damages with respect to a claim
submitted to a federally funded health care program under provisions of
law other than this subchapter.
``(g) Definitions; Related Rules.--For purposes of this section--
``(1) the term `claim' means a claim (as defined in section
3729(c)) made with respect to a federally funded health care
program;
``(2) the term `damages' means the amount of any
overpayment made by the United States Government with respect
to a claim;
``(3) the term `federally funded health care program' means
a program that provides health benefits, whether directly,
through the purchase of insurance, or otherwise, that is
established under--
``(A) title XVIII, XIX, or XXI of the Social
Security Act, or
``(B) title 10, United States Code;
``(4) the amount of damages alleged to have been sustained
by the United States Government with respect to a claim
submitted by (or on behalf of) a person shall be treated as a
`material amount' only if such amount exceeds a proportion
(specified in regulations promulgated by the Secretary of
Health and Human Services in consultation with the Secretary of
Defense) of the total of the amounts for which claims were
submitted by (or on behalf of) such person--
``(A) to the same federally funded health care
program, and
``(B) for the same calendar year,
as the claim upon which an action under this subchapter is
based;
``(5) the regulations specifying the proportion referred to
in paragraph (4) shall be based on the definition of the term
`material' used by the American Institute of Certified Public
Accountants as of the date of the enactment of this section;
and
``(6) in determining whether an amount of damages is a
`material amount' under paragraph (4), with respect to a
person--
``(A) the amount of damages for more than 1 claim
may be aggregated only if the acts or omissions
resulting in such damages were part of a pattern of
related acts or omissions by such person, and
``(B) if damages for more than 1 claim are
aggregated in accordance with subparagraph (A), the
proportion referred to in such paragraph shall be
determined by comparing the amount of such aggregate
damages to the total of the amounts for which claims
were submitted by (or on behalf of) such person to the
same federally funded health care program for each of
the calendar years for which any claim upon which such
aggregate damages were based was submitted.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to actions brought under subchapter III of chapter 37 of title
31, United States Code, with respect to claims submitted before, on,
and after the date of the enactment of this Act. | Health Care Claims Guidance Act - Amends Federal law relating to claims against the U. S. Government to prohibit any action under such provisions based on a claim submitted: (1) under a federally funded health care program unless the amount of damages alleged is a material amount; (2) in reliance on erroneous information supplied by a Federal agency or in reliance on written statements of Federal policy which affects such claim provided by a Federal agency; or (3) by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense). Requires that the Government prove an allegation of a false health care claim by clear and convincing evidence. Defines, for the amendments made by this Act, "federally funded health care program" to mean a program that provides health benefits, directly or otherwise, established under Social Security Act titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance) or provisions of Federal law relating to the armed forces. | {"src": "billsum_train", "title": "Health Care Claims Guidance Act"} | 1,269 | 250 | 0.601776 | 1.789396 | 0.836247 | 4.213592 | 5.412621 | 0.873786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bitterroot National Forest Dam and
Reservoir Maintenance Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the wilderness dams in the Bitterroot National Forest
in the State of Montana provide numerous benefits to the people
living in the Bitterroot Valley; and
(2) those benefits include--
(A) groundwater recharge;
(B) maintenance of open space by permitting
sustainable family ranches and farms, rather than
subdividing ranches and farms;
(C) increased late summer streamflows that support
riparian and fishery habitat needs; and
(D) flood control.
(b) Purposes.--The purposes of this Act are--
(1) to grant rights-of-way to owners of dams located in the
Bitterroot National Forest in the State of Montana; and
(2) to continue to provide the benefits described in
subsection (a).
SEC. 3. DEFINITIONS.
In this Act:
(1) Dam.--The term ``dam'' means a dam, including any
reservoirs and appurtenances to the dam, that is located in the
Forest as of the date of enactment of this Act.
(2) Forest.--The term ``Forest'' means the Bitterroot
National Forest in the State.
(3) Owner.--The term ``owner'' means--
(A) the owner of a dam;
(B) the owner of a water storage right for a dam;
or
(C) the owner of rights-of-way under this Act or
other Federal law.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of Interior.
(5) State.--The term ``State'' means the State of Montana.
(6) Trail.--The term ``trail'' means a trail, access route,
or primitive road in the Forest in existence on the date of
enactment of this Act.
SEC. 4. RIGHTS-OF-WAY.
(a) In General.--Notwithstanding the Wilderness Act (16 U.S.C. 1131
et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), or any other provision of law, the Secretaries shall, on the
date of enactment of this Act, grant to the owners, for no
consideration, rights-of-way--
(1) to the trails, for purposes of providing access to any
dams owned by the owner; and
(2) to areas of the Forest adjacent to any dams owned by
the owner, for purposes of the construction, reconstruction,
maintenance, repair, and operation of the dam.
(b) Boundaries.--
(1) In general.--As soon as practicable after the date of
enactment this Act, the owners shall, subject to paragraphs (2)
and (3), prepare a map establishing the boundaries of the
rights-of-way granted under subsection (a).
(2) Trails.--A right-of-way granted under subsection (a)(1)
shall extend at least 8 feet but not more than 60 feet in width
from the center of the trail.
(3) Adjacent areas.--A right-of-way granted under
subsection (a)(2)--
(A) shall be to areas of the Forest that are
located not less than 50 feet nor more than 500 feet
and further than 500 feet from the highwater mark and
downstream dam toe to include additional area
determined as necessary by the owner; and
(B) shall include the least amount of land that is
necessary, as determined by the State and owner, for
the owner to construct, reconstruct, maintain, repair,
and operate the dam, including borrow material, camp
sites, pasture for pack and work animals, and tool and
equipment storage sites.
(c) Construction, Maintenance, and Repair.--An owner granted a
right-of-way under subsection (a)(1) may construct, maintain, and
repair the right-of-way.
(d) Authorized Uses.--
(1) Motor vehicles.--Notwithstanding section 4(c) of the
Wilderness Act (16 U.S.C. 1113), an owner may use motor
vehicles, motorized and mechanized equipment, and other forms
of mechanized transport--
(A) on the rights-of-way granted under subsection
(a); and
(B) at the owner's dam.
(2) Aircraft.--An owner may operate aircraft in the
airspace over the Forest to access the dam and may land the
aircraft on the rights-of-way.
(e) Applicable Law.--Any activities that are carried out by an
owner in a right-of-way granted under subsection (a) or for the
purposes referred to in subsection (a)(2)--
(1) shall be regulated by the State, in accordance with
State law; and
(2) shall not be subject to--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(C) the National Dam Safety Program Act (33 U.S.C.
467 et seq.);
(D) any other Federal law establishing engineering
and construction standards for dams; or
(E) any other provision of Federal law to protect
fish and wildlife or maintain water quality standards.
(f) Limitation on Liability.--An owner of a dam shall not be liable
for any claim or damage that may arise from the conduct of activities
to construct, maintain, repair, and operate the dam, except any claim
or damage that arises from the negligence of the owner.
(g) Subsequent Conveyance.--The rights-of-way granted under
subsection (a) may be subsequently conveyed by the owner without the
consent of the Secretaries.
(h) Termination.--A right-of-way granted to an owner under
subsection (a) shall terminate if the State determines, after notice to
the owner and a hearing, that the owner has not accessed or conducted
activities at the dam for 10 consecutive years.
(i) Effect.--
(1) Water rights.--Nothing in this Act affects or in any
way interferes with laws of the State relating to the control,
appropriation, use, or distribution of water used in irrigation
or other beneficial purposes, or any vested right acquired
under State law, and the Secretaries shall proceed in
conformity with such laws in all land and water management
activities under all authorities.
(2) Existing rights-of-way.--The rights-of-way granted
under this Act shall be in addition to any rights-of-way
granted to an owner under section 18 of the Act of March 3,
1891 (43 U.S.C. 946), sections 2339 and 2340 of the Revised
Statutes (43 U.S.C. 661), or any other provision of law.
(3) Compensable claims.--Any land and water management
activities taken by the Secretaries which interfere with the
access to or exercise of water rights or rights-of-way of the
owner shall create in the owner a valid and compensable takings
claim. | Bitterroot National Forest Dam and Reservoir Maintenance Act - Directs the Secretaries of Agriculture and the Interior to grant to the owner of a dam, a water storage right for a dam, or a right-of-way, for no consideration, rights-of-way to: (1) the trails, access routes, or primitive roads in the Bitterroot National Forest, Montana, for purposes of providing access to such dam; and (2) areas of that Forest adjacent to such dam for purposes of dam construction, reconstruction, maintenance, repair, and operation.
Requires such owners to prepare a map establishing the boundaries of the rights-of-way granted, which shall extend at least eight feet but not more than 60 feet in width from the center of the trail.
Authorizes an owner to: (1) use mechanized transport on the rights-of-way and at the owner's dam; and (2) operate aircraft in the airspace over the Forest to access the dam; and (3) land the aircraft on the rights-of-way.
Provides that any activities carried out by an owner in a right-of-way granted under this Act shall be regulated by the state and shall not be subject to specified federal law, including the Wilderness Act and the National Environmental Policy Act of 1969. | {"src": "billsum_train", "title": "A bill to grant rights-of-way to owners of dams located in the Bitterroot National Forest in the State of Montana, and for other purposes."} | 1,620 | 276 | 0.647615 | 1.887945 | 0.807121 | 4.544402 | 5.590734 | 0.96139 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Home Owners Make Energy-
Efficiency Residential Upgrades Now Act of 2008'' or the ``H-HOMERUN
Act of 2008''.
SEC. 2. RESIDENTIAL ENERGY EFFICIENCY DIRECT LOAN PROGRAM.
(a) Establishment.--The Secretary of Housing and Urban Development
(in this Act referred to as the ``Secretary'') shall establish and
implement a program to make direct loans, to the extent amounts are
provided for costs of such loans pursuant to subsection (f), for
providing energy efficiency improvements for single family housing.
(b) Use of Loan Funds.--A direct loan made under this section may
be made for the costs of the acquisition or installation, or both the
acquisition and installation, as applicable, of any energy efficiency
improvement, including--
(1) a solar heating system;
(2) a solar cooling system;
(3) the application of a residential energy conservation
measure;
(4) a photovoltaic energy system;
(5) a geothermal heat pump system;
(6) a residential wind turbine;
(7) a ``green roof'' (a roof of a building that is
partially or completely covered with vegetation and soil, or a
growing medium, planted over a waterproofing membrane); and
(8) any cost-effective energy efficiency improvement
eligible to be financed under a mortgage insured under the
Energy Efficient Mortgage program established by section 513 of
the Housing and Community Development Act of 1992 (42 U.S.C.
12712 note) and expanded pursuant to section 513(b) of such
Act.
(c) Loan Eligibility Requirements.--
(1) Contract requirement.--The Secretary may make a direct
loan under this section only if the Secretary has entered into
a contract with a borrower setting forth the terms of the loan.
(2) Repayment requirement.--The Secretary shall require
full repayment of the principal amount of the loan.
(3) Interest rate.--Loans made under this section shall
bear interest at a rate that is--
(A) fixed over the term of the loan;
(B) at least 2 percentage points less than the
average rate available from a private source for a
comparable loan at the time of the making of the loan;
and
(C) subject to such other requirements or
limitations as the Secretary may prescribe.
(4) Investment requirement.--A borrower shall pay on
account of the energy efficiency improvements for which the
loan is made at least 5 percent of the Secretary's estimate of
the cost of acquisition, installation, or both acquisition and
installation, as applicable, in cash or its equivalent.
(5) Credit underwriting standards.--The Secretary shall
establish credit underwriting standards to evaluate the
eligibility of borrowers to receive loans under this section.
(6) Security for loan.--The Secretary shall determine the
reasonable value of the interest in property that will serve as
security for a direct loan made under this section and shall
establish procedures for appraisals upon which the Secretary
may base such determinations.
(7) Repayment schedule.--Direct loans made under this
section shall be repaid in monthly installments.
(8) Principal residence requirement.--A direct loan made
pursuant to this section shall be used only for providing
energy efficiency improvements for the principal residence of
the borrower.
(9) Other terms.--Direct loans made under this section
shall be subject to such other terms, conditions, and
restrictions as the Secretary may require.
(d) Energy Efficiency Requirements.--
(1) Cost-effective energy efficiency improvements.--The
Secretary shall require, for any energy efficiency improvement
for single family housing for which a direct loan is made under
this section, that the total present value cost of the
improvement (including any maintenance and repair expenses) is
less than the total present value of the energy saved over the
useful life of the improvement.
(2) Energy efficiency determination.--
(A) Determination.--For purposes of paragraph (1),
the cost of the improvement and an estimation of the
energy savings of the improvement shall be determined
pursuant to a home energy rating report based upon a
physical inspection of the property by a home energy
ratings system, or energy consultant, approved by the
Secretary.
(B) Qualified inspection and determination.--For
purposes of subparagraph (A), the physical inspection
shall be conducted and the determination shall be made
by an individual certified by an appropriate national
organization as the Secretary may provide.
(e) Definition of Single Family Housing.--For the purposes of this
section, the term ``single family housing'' means any residential
structure consisting of from 1 to 4 dwelling units.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
cover the costs (as such term is defined in section 502 of the
Congressional Budget Act of 1974) of direct loans under this
section such sums as may be necessary for each of the fiscal
years 2009 to 2019.
(2) Aggregate outstanding limitation.--The aggregate
outstanding principal balance of direct loans made under this
section shall not at any time exceed $100,000,000,000.
SEC. 3. HUD ENERGY EFFICIENT MORTGAGE PROGRAM AMENDMENTS.
(a) Cost of Improvements.--Subparagraph (C) of section 513(a)(2) of
the Housing and Community Development Act of 1992 (42 U.S.C. 12712
note) is amended to read as follows:
``(C) Cost of improvements.--The Secretary shall
not establish a maximum limitation on the cost of the
cost-effective energy efficiency improvements to be
financed by the energy efficient mortgage provided
under the program established by this section and as
expanded pursuant to subsection (b).''.
(b) Investment Requirement.--Section 513(a)(2) of the Housing and
Community Development Act of 1992 (42 U.S.C. 12712 note) is amended by
adding at the end the following new subparagraph:
``(D) Investment requirement.--A mortgagor shall
pay on account of the cost-effective energy efficiency
improvements for which the mortgage is made at least 5
percent of the Secretary's estimate of the cost of
acquisition, installation, or both acquisition and
installation, as applicable, in cash or its
equivalent.''.
(c) Cost-Effective Determination.--Paragraph (2) of section 513(c)
of the Housing and Community
Development Act of 1992 (42 U.S.C. 12712 note) is amended--
(1) in the last sentence by--
(A) striking ``sufficient for'' and all that
follows; and
(B) inserting ``based upon a physical inspection of
the property by a home energy ratings system, or energy
consultant, approved by the Secretary.'' after
``pursuant to a home energy rating report''; and
(2) by adding at the end the following new sentence: ``Such
physical inspection shall be conducted and such determination
shall be made by an individual certified by an appropriate
national organization as the Secretary may provide.'' | Helping Home Owners Make Energy-Efficiency Residential Upgrades Now Act of 2008 or the H-HOMERUN Act of 2008 - Requires the Secretary of Housing and Urban Development to establish a program to make direct loans for energy efficiency improvements for single family housing. Sets forth loan requirements.
Directs the Secretary to require that the total present value cost of such improvement is less than the total present value of the energy saved over the useful life of the improvement. Requires such cost and savings to be determined pursuant to a home energy rating report based upon a physical inspection of the property by a home energy rating system, or energy consultant, approved by the Secretary.
Requires the aggregate outstanding principal balance of direct loans to not at any time exceed $100 billion.
Amends the Housing and Community Development Act of 1992 to prohibit the Secretary from establishing a maximum limitation on the cost of the cost-effective energy efficiency improvements to be financed by an energy efficient mortgage provided under the Energy Efficient Mortgages Program. Requires a mortgagor to pay on account of the cost-effective energy efficiency improvements for which the mortgage is made at least 5% of the Secretary's estimate of the cost of acquisition and/or installation. | {"src": "billsum_train", "title": "To establish a direct loan program for providing energy efficiency improvements for single family housing, and for other purposes."} | 1,552 | 270 | 0.611343 | 1.722768 | 0.956466 | 5.786026 | 6.122271 | 0.938865 |
SECTION 1. WAIVER OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED
GASOLINE.
Section 211(k)(1) of the Clean Air Act (42 U.S.C. 7545(k)(1)) is
amended--
(1) by striking ``Within 1 year after the enactment of the
Clean Air Act Amendments of 1990,'' and inserting the
following:
``(A) In general.--Not later than November 15,
1991,''; and
(2) by adding at the end the following:
``(B) Waiver of oxygen content requirement.--
``(i) In general.--Notwithstanding any
other provision of this subsection, upon
notification by the Governor of a State to the
Administrator, a Governor may waive paragraphs
(2)(B) and (3)(A)(v) with respect to gasoline
sold or dispensed in the State.
``(ii) Treatment as reformulated
gasoline.--In the case of a State for which the
Governor invokes the waiver described in clause
(i), gasoline that complies with all provisions
of this subsection other than paragraphs (2)(B)
and (3)(A)(v) shall be considered to be
reformulated gasoline for the purposes of this
subsection.
``(iii) Special rule.--Paragraphs (2)(B)
and (3)(A)(v) shall not apply to gasoline sold
or dispensed in a State described in subsection
(c)(4)(B).
``(C) Maintenance of emission reduction benefits.--
``(i) Regulations.--Not later than 270 days
after the date of enactment of this
subparagraph, the Administrator shall
promulgate regulations consistent with
paragraph (3)(B)(ii) to ensure that the
benefits of toxic air pollutant reductions
under the reformulated gasoline program under
this section are maintained in States for which
a Governor waives the oxygenate requirement
under subparagraph (B)(i).
``(ii) Regional designations.--In carrying
out clause (i), the Administrator, in
cooperation with the Secretary of Energy, shall
develop designations for regions of the United
States based on the extent and location of the
gasoline distribution and supply network in the
United States.
``(iii) Performance standards.--The
Administrator, in regulations promulgated under
clause (i), shall use the regional designations
developed under clause (ii) to establish annual
average performance standards for each region
based on--
``(I) the phase II reformulated
gasoline complex model in existence on
the date of enactment of this
subparagraph; and
``(II) the annual reductions in
emissions of toxic air pollutants
achieved in the region under the
reformulated gasoline program during
calendar years 1998 and 1999, as
determined using compliance survey
data.
``(iv) Applicability.--
``(I) In general.--The applicable
performance standards under clause
(iii) shall be applied on an annual
average basis to the manufacture of
reformulated gasoline that is sold or
introduced into commerce by a refinery
in a State for which the Governor
waives the oxygenate requirement under
subparagraph (B)(i).
``(II) More stringent
requirements.--The applicable annual
average regional performance standards
under clause (i) shall not apply to the
extent that any requirement under
section 202(l) or the standards
described in paragraph (3)(B)(ii) are
more stringent.
``(III) Special rule.--The
regulations promulgated under clause
(i) shall not apply in a State
described in subsection (c)(4)(B).
``(v) Prepromulgation requirements.--Until
such time as the regulations under clause (i)
are promulgated, the phase II reformulated
gasoline complex model toxic performance
standards in existence on the date of enactment
of this subparagraph shall remain in effect.''.
SEC. 2. DEVELOPMENT OF ADDITIONAL STANDARDS TO CONTROL RELEASES OF MTBE
FROM UNDERGROUND STORAGE TANKS.
Not later than 2 years after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency, in consultation
with members of the affected industries, shall conduct a study and
submit to Congress a report on whether additional standards to
prevent and control releases of methyl tertiary butyl ether from
underground storage tanks are necessary.
SEC. 3. CONTROL OF OXYGENATED FUEL ADDITIVES TO PREVENT AIR OR WATER
POLLUTION.
Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1)) is
amended by adding at the end the following: ``The Administrator may
control or prohibit the introduction into commerce, offering for sale,
or sale of any oxygenated fuel additive for use in a motor vehicle,
motor vehicle engine, nonroad engine, or nonroad vehicle, if in the
judgment of the Administrator the oxygenated fuel additive causes or
contributes to air pollution or water pollution that may reasonably be
anticipated to endanger the public health or welfare.''.
SEC. 4. LIMITATION ON USE OF MTBE.
(a) Sale of Gasoline Containing MTBE.--Section 211(c) of the Clean
Air Act (42 U.S.C. 7545(c)) is amended by adding at the end the
following:
``(5) Limitations on sale of gasoline containing mtbe.--
``(A) In general.--Subject to subparagraph (B), for
the fourth full calendar year that begins after the
date of enactment of this paragraph and each calendar
year thereafter--
``(i) the quantity of gasoline sold or
introduced into commerce during the calendar
year by a refiner, blender, or importer of
gasoline shall contain on average not more than
1 percent by volume methyl tertiary butyl
ether; and
``(ii) a refiner, blender, or importer of
gasoline shall not sell or introduce into
commerce any gasoline that contains more than
an historical level by volume of methyl
tertiary butyl ether, as determined by the
Administrator by regulation.
``(B) Regulations concerning phase-down.--As soon
as practicable after the date of enactment of this
paragraph, the Administrator shall establish by
regulation a program to phase down the percentage of
methyl tertiary butyl ether contained in gasoline in
accordance with subparagraph (A)(i).
``(C) Regulations concerning trading.--
``(i) In general.--The Administrator may
promulgate regulations to permit refiners,
blenders, and importers to sell to, and
purchase from, each other authorizations to
sell or introduce into commerce gasoline
containing methyl tertiary butyl ether in
excess of the limitation specified in
subparagraph (A)(i).
``(ii) Maximum annual limitation.--In
carrying out clause (i), the Administrator
shall ensure that the total quantity of
gasoline sold or introduced into commerce
during any calendar year by all refiners,
blenders, or importers contains on average not
more than 1 percent by volume methyl tertiary
butyl ether.''.
(b) State Authority To Revise Implementation Plan.--
(1) In general.--In accordance with section 110 of the
Clean Air Act (42 U.S.C. 7410), a State may submit to the
Administrator of the Environmental Protection Agency a State
implementation plan revision that provides for the reduction or
elimination of the use of methyl tertiary butyl ether in
gasoline sold or introduced into commerce in the State if the
Governor of the State demonstrates that--
(A) the reduction or elimination would not cause
any significant disruption in the availability, supply,
or price of gasoline in the State;
(B) the reduction or elimination is necessary to
protect the public health or environment; and
(C) any alternative additive used will not present
an equivalent or greater problem than any problem posed
by the use of methyl tertiary butyl ether.
(2) Special rule.--Paragraph (1)--
(A) does not apply to a State described in section
211(c)(4)(B) of the Clean Air Act (42 U.S.C.
7545(c)(4)(B)); and
(B) does not limit the authority of such a State
under section 211(c)(4)(B) of that Act to at any time
prescribe and enforce a control or prohibition
respecting methyl tertiary butyl ether or any other
fuel additive.
(c) Permit Application Assistance.--In the case of any State in
which are located 1 or more facilities that produce methyl tertiary
butyl ether and that, as a result of any provision of or amendment made
by this Act, apply for a new permit or permit modification under the
Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator of the
Environmental Protection Agency shall provide to the State technical
assistance and personnel to assist in the application for or
modification of such permits.
SEC. 5. ASSURANCE OF ADEQUATE FUEL SUPPLY.
(a) In General.--In order to ensure an adequate fuel supply for all
States, any regulation or modification of fuel properties promulgated
or approved by the Administrator of the Environmental Protection Agency
under this Act or an amendment made by this Act shall take into
consideration the need for reasonable schedules for carrying out
necessary refinery investment projects and making appropriate
modifications to fuel distribution systems.
(b) Fuel Industry Flexibility.--In implementing and enforcing
regulations and modifications described in subsection (a), the
Administrator shall provide the fuel industry with the flexibility
inherent in fuel regulations in effect on the day before the date of
enactment of this Act. | Requires the Administrator to promulgate regulations to ensure that the benefits of toxic air pollutant reductions under the reformulated gasoline program are maintained in States for which the oxygenate requirement is waived. Directs the Administrator, in promulgating such regulations, to: (1) develop designations for regions based on the extent and location of the U.S. gasoline distribution and supply network; and (2) use such designations to establish annual average performance standards for each region based on the existing phase II reformulated gasoline complex model and the annual reductions in toxic air pollutant emissions achieved in the region under the reformulated gasoline program during 1998 and 1999. Applies such standards to the manufacture of such gasoline sold in States for which the oxygenate requirement is waived, to the extent they are more stringent than those under existing law.
(Sec. 2) Directs the Administrator to study and report to Congress on whether additional standards to prevent and control releases of methyl tertiary butyl ether (MTBE) from underground storage tanks are necessary.
(Sec. 3) Authorizes the Administrator to control or prohibit the introduction into commerce or sale of any oxygenated fuel additive if it causes or contributes to air or water pollution that may be anticipated to endanger public health or welfare.
(Sec. 4) Prohibits, for the fourth calendar year after this Act's enactment date and thereafter, the quantity of gasoline sold or introduced into commerce by a gasoline refiner, blender, or importer from containing on average more than one percent by volume MTBE and bars such individuals from selling or introducing into commerce any gasoline that contains more than an historical level by volume of MTBE as determined by the Administrator. Authorizes the Administrator to promulgate regulations to permit such individuals to sell and purchase authorizations to sell or introduce into commerce gasoline containing MTBE in excess of the one percent limitation. Requires the Administrator to ensure that the total quantity of gasoline sold or introduced into commerce during any calendar year by all such individuals contains on average not more than one percent MTBE.
Permits States to submit State implementation plan revisions to the Administrator that provide for the reduction or elimination of the use of MTBE in gasoline in the State if the State Governor demonstrates that: (1) the reduction or elimination would not cause any significant disruption in the availability, supply, or price of gasoline in the State; (2) the reduction or elimination is necessary to protect public health or the environment; and (3) any alternative additive used will not present an equivalent or greater problem than that posed by the use of MTBE.
Provides for technical assistance to States with facilities that produce MTBE to assist them in applying for, or modifying, permits as a result of provisions of this Act.
(Sec. 5) Requires, in order to ensure an adequate fuel supply for all States, any regulation or modification of fuel properties promulgated or approved by the Administrator under this Act to take into consideration the need for reasonable schedules for carrying out necessary refinery investment projects and making modifications to fuel distribution systems. Directs the Administrator, in implementing and enforcing such regulations and modifications, to provide the fuel industry with the flexibility inherent in existing fuel regulations. | {"src": "billsum_train", "title": "A bill to amend the Clean Air Act to permit the Governor of a State to waive oxygen content requirement for reformulated gasoline, to encourage development of voluntary standards to prevent and control releases of methyl tertiary butyl ether from underground storage tanks, to establish a program to phase out the use of methyl tertiary butyl ether, and for other purposes."} | 2,221 | 703 | 0.551797 | 1.792978 | 0.764951 | 3.880399 | 3.051495 | 0.940199 |
SECTION 1. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is amended by adding at the end the following:
``SEC. 1635. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.
``(a) In General.--The Secretary, in cooperation with the Inland
Empire Utilities Agency, may participate in the design, planning, and
construction of the Inland Empire regional water recycling project
described in the report submitted under section 1606.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.''.
(b) Conforming Amendment.--The table of sections in section 2 of
Public Law 102-575 is amended by inserting after the item relating to
section 1634 the following:
``Sec. 1635. Inland Empire Regional Water Recycling Project.''.
SEC. 2. REGIONAL BRINE LINES.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is further amended by adding at the end the following:
``SEC. 1636. REGIONAL BRINE LINES.
``(a) In General.--
``(1) Southern california.--The Secretary, in cooperation
with units of local government, may carry out a program under
the Federal reclamation laws to assist agencies in projects to
construct regional brine lines to export the salinity imported
from the Colorado River to the Pacific Ocean as identified in--
``(A) the Salinity Management Study prepared by the
Bureau of Reclamation and the Metropolitan Water
District of Southern California; and
``(B) the Southern California Comprehensive Water
Reclamation and Reuse Study prepared by the Bureau of
Reclamation.
``(2) San francisco bay and santa clara valley.--The
Secretary may carry out a study of, and a program under the
Federal reclamation laws to assist water agencies in, projects
to construct regional brine lines in the San Francisco Bay area
and the Santa Clara Valley area, California.
``(b) Agreements and Regulations.--The Secretary may enter into
such agreements and promulgate such regulations as are necessary to
carry out this section.
``(c) Cost Sharing.--
``(1) Projects.--The Federal share of the cost of a project
to construct regional brine lines described in subsection (a)
shall not exceed--
``(A) 25 percent of the total cost of the project;
or
``(B) $50,000,000.
``(2) Study.--The Federal share of the cost of the study
described in subsection (a)(2) shall be 50 percent.
``(d) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of any project described in
subsection (a).''.
(b) Conforming Amendment.--The table of sections in section 2 of
Public Law 102-575 is further amended by inserting after the item
relating to section 1635 the following:
``Sec. 1636. Regional brine lines.''.
SEC. 3. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND
RECLAMATION PROJECT.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is further amended by adding at the end the following:
``SEC. 1637. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND
RECLAMATION PROJECT.
``(a) In General.--The Secretary, in cooperation with the Chino
Basin Watermaster, the Inland Empire Utilities Agency, the Western
Municipal Water District, and the Santa Ana Watershed Project Authority
and acting under the Federal reclamation laws, shall participate in the
design, planning, and construction of the Lower Chino Dairy Area
desalination demonstration and reclamation project.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed--
``(1) 25 percent of the total cost of the project; or
``(2) $50,000,000.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(b) Conforming Amendment.--The table of sections in section 2 of
Public Law 102-575 is further amended by inserting after the item
relating to section 1636 the following:
``Sec. 1637. Lower Chino Dairy Area desalination demonstration
and reclamation project.''. | Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior: (1) in cooperation with the Inland Empire Utilities Agency, to participate in the design, planning, and construction of the Inland Empire regional water recycling project; (2) in cooperation with local governments, to carry out a program to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean; (3) to carry out a study and program to assist water agencies in projects to construct such brine lines in San Francisco Bay and Santa Clara Valley, California; and (4) in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, the Western Municipal Water District, and the Santa Ana Watershed Project Authority, to participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. | {"src": "billsum_train", "title": "To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Inland Empire regional water recycling project, to authorize the Secretary to carry out a program to assist agencies in projects to construct regional brine lines in California, and to authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project."} | 1,262 | 205 | 0.631418 | 1.841877 | 0.93332 | 5.630058 | 5.901734 | 0.971098 |
SECTION 1. UPDATED OR NEW MOTOR VEHICLE SAFETY STANDARDS FOR HIGHLY
AUTOMATED VEHICLES.
(a) Amendment.--Chapter 301 of subtitle VI of title 49, United
States Code, is amended by inserting after section 30128 the following
new section:
``Sec. 30129. Updated or new motor vehicle safety standards for highly
automated vehicles
``(a) Safety Assessment Certification.--
``(1) Final rule.--Not later than 24 months after the date
of the enactment of this section, the Secretary of
Transportation shall issue a final rule requiring the
submission of safety assessment certifications regarding how
safety is being addressed by each entity developing a highly
automated vehicle or an automated driving system. Such rule
shall include--
``(A) a specification of which entities are
required to submit such certifications;
``(B) a clear description of the relevant test
results, data, and other contents required to be
submitted by such entity, in order to demonstrate that
such entity's vehicles are likely to maintain safety,
and function as intended and contain fail safe
features, to be included in such certifications; and
``(C) a specification of the circumstances under
which such certifications are required to be updated or
resubmitted.
``(2) Interim requirement.--Until the final rule issued
under paragraph (1) takes effect, safety assessment letters
shall be submitted to the National Highway Traffic Safety
Administration as contemplated by the Federal Automated
Vehicles Policy issued in September 2016, or any successor
guidance issued on highly automated vehicles requiring a safety
assessment letter.
``(3) Periodic review and updating.--Not later than 5 years
after the date on which the final rule is issued under
paragraph (1), and not less frequently than every 5 years
thereafter, the Secretary shall--
``(A) review such rule; and
``(B) update such rule if the Secretary considers
it necessary.
``(4) Rules of construction.--
``(A) No conditions on deployment.--Nothing in this
subsection may be construed to limit or affect the
Secretary's authority under any other provision of law.
The Secretary may not condition deployment or testing
of highly automated vehicles on review of safety
assessment certifications.
``(B) No new authorities.--No new authorities are
granted to the Secretary under this section other than
the promulgation of the rule pursuant to paragraph (1).
``(b) Review and Research.--To accommodate the development and
deployment of highly automated vehicles and to ensure the safety and
security of highly automated vehicles and motor vehicles and others
that will share the roads with highly automated vehicles, not later
than 180 days after the date of the enactment of this section, the
Secretary shall--
``(1) initiate or continue a review of the Federal motor
vehicle safety standards in effect on such date of enactment;
and
``(2) initiate or continue research regarding new Federal
motor vehicle safety standards.
``(c) Rulemaking and Safety Priority Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall make available
to the public and submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
rulemaking and safety priority plan, as necessary to
accommodate the development and deployment of highly automated
vehicles and to ensure the safety and security of highly
automated vehicles and motor vehicles and others that will
share the roads with highly automated vehicles, to--
``(A) update the motor vehicle safety standards in
effect on such date of enactment;
``(B) issue new motor vehicle safety standards; and
``(C) consider how objective ranges in performance
standards could be used to test motor vehicle safety
standards, which safety standards would be appropriate
for such testing, and whether additional authority
would facilitate such testing.
``(2) Inclusion of priorities.--
``(A) Priorities.--The plan required by paragraph
(1) shall detail the overall priorities of the National
Highway Traffic Safety Administration for the 5 years
following the issuance of the plan, including both
priorities with respect to highly automated vehicles
and priorities with respect to other safety initiatives
of the Administration, in order to meet the Nation's
motor vehicle safety challenges.
``(B) Identification of elements that may require
standards.--For highly automated vehicles, the National
Highway Traffic Safety Administration should identify
elements that may require performance standards
including human machine interface and sensors and
actuators, and consider process and procedure standards
for software and cybersecurity as necessary.
``(3) Periodic updating.--The plan required by paragraph
(1) shall be updated every 2 years, or more frequently if the
Secretary considers it necessary.
``(d) Rulemaking Proceedings on Updated or New Motor Vehicle Safety
Standards.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall initiate the
first rulemaking proceeding in accordance with the rulemaking
and safety priority plan required by subsection (c).
``(2) Prioritization of subsequent proceedings.--The
Secretary shall continue initiating rulemaking proceedings in
accordance with such plan. The Secretary may change at any time
those priorities to address matters the Secretary considers of
greater priority. If the Secretary makes such a change, the
Secretary shall complete an interim update of the priority
plan, make such update available to the public, and submit such
update to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.''.
(b) Clerical Amendment.--The analysis for chapter 301 of subtitle
VI of title 49, United States Code, is amended by inserting after the
item relating to section 30128 the following new item:
``30129. Updated or new motor vehicle safety standards for
highly automated vehicles.''.
(c) Definitions.--Section 30102 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (13) as
paragraphs (2), (3), (4), (5), (8), (9), (10), (11),
(12), (13), (15), (16), and (17), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) `automated driving system' means the hardware and
software that are collectively capable of performing the entire
dynamic driving task on a sustained basis, regardless of
whether such system is limited to a specific operational design
domain.'';
(C) by inserting after paragraph (5) (as so
redesignated) the following:
``(6) `dynamic driving task' means all of the real time
operational and tactical functions required to operate a
vehicle in on-road traffic, excluding the strategic functions
such as trip scheduling and selection of destinations and
waypoints, and including--
``(A) lateral vehicle motion control via steering;
``(B) longitudinal vehicle motion control via
acceleration and deceleration;
``(C) monitoring the driving environment via object
and event detection, recognition, classification, and
response preparation;
``(D) object and event response execution;
``(E) maneuver planning; and
``(F) enhancing conspicuity via lighting,
signaling, and gesturing.
``(7) `highly automated vehicle'--
``(A) means a motor vehicle equipped with an
automated driving system; and
``(B) does not include a commercial motor vehicle
(as defined in section 31101).''; and
(D) by inserting after paragraph (13) (as so
redesignated) the following:
``(14) `operational design domain' means the specific
conditions under which a given driving automation system or
feature thereof is designed to function.''; and
(2) by adding at the end the following:
``(c) Revisions to Certain Definitions.--
``(1) If SAE International (or its successor organization)
revises the definition of any of the terms defined in paragraph
(1), (6), or (14) of subsection (a) in Recommended Practice
Report J3016, it shall notify the Secretary of the revision.
The Secretary shall publish a notice in the Federal Register to
inform the public of the new definition unless, within 90 days
after receiving notice of the new definition and after opening
a period for public comment on the new definition, the
Secretary notifies SAE International (or its successor
organization) that the Secretary has determined that the new
definition does not meet the need for motor vehicle safety, or
is otherwise inconsistent with the purposes of this chapter. If
the Secretary so notifies SAE International (or its successor
organization), the existing definition in subsection (a) shall
remain in effect.
``(2) If the Secretary does not reject a definition revised
by SAE International (or its successor organization) as
described in paragraph (1), the Secretary shall promptly make
any conforming amendments to the regulations and standards of
the Secretary that are necessary. The revised definition shall
apply for purposes of this chapter. The requirements of section
553 of title 5 shall not apply to the making of any such
conforming amendments.
``(3) Pursuant to section 553 of title 5, the Secretary may
update any of the definitions in paragraph (1), (6), or (14) of
subsection (a) if the Secretary determines that materially
changed circumstances regarding highly automated vehicles have
impacted motor vehicle safety such that the definitions need to
be updated to reflect such circumstances.''.
SEC. 2. HEADLAMPS.
(a) Safety Research Initiative.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Transportation shall
complete research into the development of updated motor vehicle safety
standards or performance requirements for motor vehicle headlamps that
would improve the performance of headlamps and improve overall safety.
(b) Rulemaking or Report.--
(1) Rulemaking.--After the completion of the research
required by subsection (a), the Secretary shall initiate a
rulemaking proceeding to revise the motor vehicle safety
standards regarding headlamps if the Secretary determines that
a revision of the standards meets the requirements and
considerations set forth in subsections (a) and (b) of section
30111 of title 49, United States Code.
(2) Report.--If the Secretary determines that a revision to
the standard described in paragraph (1) does not meet the
requirements and considerations set forth in such subsections,
the Secretary shall submit a report describing the reasons for
not revising the standard to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate. | This bill directs the Department of Transportation (DOT) to issue a final rule requiring the submission of safety assessment certifications for highly automated vehicles or automated driving systems. DOT shall make available to the public and submit to Congress a rulemaking and safety priority plan to accommodate the development and deployment of highly automated vehicles and to ensure their safety and security. DOT shall: (1) initiate the first rulemaking proceeding for the rulemaking and safety priority plan within 18 months of this bill's enactment, and (2) complete research into the development of updated safety standards or performance requirements for motor vehicle headlamps within two years. | {"src": "billsum_train", "title": "To amend chapter 301 of subtitle VI of title 49, United States Code, to update or provide new motor vehicle safety standards for highly automated vehicles, and for other purposes."} | 2,311 | 130 | 0.5886 | 1.536112 | 0.54449 | 3.661017 | 19.237288 | 0.898305 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native Hawaiian and Other Pacific
Islander Health Data Act of 2009''.
SEC. 2. NATIVE HAWAIIANS AND OTHER PACIFIC ISLANDER HEALTH DATA.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following:
``SEC. 317U. NATIVE HAWAIIAN AND OTHER PACIFIC ISLANDER HEALTH DATA.
``(a) Definitions.--In this section:
``(1) Community group.--The term `community group' means a
group of NHOPI who are organized at the community level, and
may include a church group, social service group, national
advocacy organization, or cultural group.
``(2) Nonprofit, nongovernmental organization.--The term
`nonprofit, nongovernmental organization' means a group of
NHOPI with a demonstrated history of addressing NHOPI issues,
including a NHOPI coalition.
``(3) Designated organization.--The term `designated
organization' means an entity established to represent NHOPI
populations and which has statutory responsibilities to
provide, or has community support for providing, health care.
``(4) Government representatives.--The term `government
representatives' means representatives from Hawai`i, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Federated States of Micronesia, Guam, the Republic of Palau,
and the Republic of the Marshall Islands.
``(5) Native hawaiians and other pacific islanders or
nhopi.--The term `Native Hawaiians and Other Pacific Islanders'
or `NHOPI' means people having origins in any of the original
peoples of American Samoa, the Commonwealth of the Northern
Mariana Islands, the Federated States of Micronesia, Guam,
Hawai`i, the Republic of the Marshall Islands, the Republic of
Palau, or any other Pacific Island.
``(6) Insular area.--The term `insular area' means Guam,
the Commonwealth of Northern Mariana Islands, American Samoa,
the United States Virgin Islands, the Federated States of
Micronesia, the Republic of Palau, or the Republic of the
Marshall Islands.
``(b) National Strategy.--
``(1) In general.--The Secretary, acting through the
Director of the National Center for Health Statistics (referred
to in this section as `NCHS') of the Centers for Disease
Control and Prevention, and other agencies within the
Department of Health and Human Services as the Secretary
determines appropriate, shall develop and implement an ongoing
and sustainable national strategy for identifying and
evaluating the health status and health care needs of NHOPI
populations living in the continental United States, Hawai`i,
American Samoa, the Commonwealth of the Northern Mariana
Islands, the Federated States of Micronesia, Guam, the Republic
of Palau, and the Republic of the Marshall Islands.
``(2) Consultation.--In developing and implementing a
national strategy, as described in paragraph (1), not later
than 180 days after the date of enactment of the Native
Hawaiian and Other Pacific Islander Health Data Act of 2009,
the Secretary--
``(A) shall consult with representatives of
community groups, designated organizations, and
nonprofit, nongovernmental organizations and with
government representatives of NHOPI populations; and
``(B) may solicit the participation of
representatives from other Federal departments.
``(c) Preliminary Health Survey.--
``(1) In general.--The Secretary, acting through the
Director of NCHS, shall conduct a preliminary health survey in
order to identify the major areas and regions in the
continental United States, Hawai`i, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Federated
States of Micronesia, Guam, the Republic of Palau, and the
Republic of the Marshall Islands in which NHOPI people reside.
``(2) Contents.--The health survey described in paragraph
(1) shall include health data and any other data the Secretary
determines to be--
``(A) useful in determining health status and
health care needs; or
``(B) required for developing or implementing a
national strategy.
``(3) Methodology.--Methodology for the health survey
described in paragraph (1), including plans for designing
questions, implementation, sampling, and analysis, shall be
developed in consultation with community groups, designated
organizations, nonprofit, nongovernmental organizations, and
government representatives of NHOPI populations, as determined
by the Secretary.
``(4) Timeframe.--The survey required under this subsection
shall be completed not later than 18 months after the date of
enactment of the Native Hawaiian and Other Pacific Islander
Health Data Act of 2009.
``(d) Progress Report.--Not later than 2 years after the date of
enactment of the Native Hawaiian and Other Pacific Islander Health Data
Act of 2009, the Secretary shall submit to Congress a progress report,
which shall include the national strategy described in subsection
(b)(1).
``(e) Study and Report by the IOM.--
``(1) In general.--The Secretary shall enter into an
agreement with the Institute of Medicine to conduct a study,
with input from stakeholders in insular areas, on the
following:
``(A) The standards and definitions of health care
applied to health care systems in insular areas and the
appropriateness of such standards and definitions.
``(B) The status and performance of health care
systems in insular areas, evaluated based upon
standards and definitions, as the Secretary determines.
``(C) The effectiveness of donor aid in addressing
health care needs and priorities in insular areas.
``(D) The progress toward implementation of
recommendations of the Committee on Health Care
Services in the United States-Associated Pacific Basin
of the Institute of Medicine that are set forth in the
1998 report, `Pacific Partnerships for Health: Charting
a New Course for the 21st Century'.
``(2) Report.--An agreement described in paragraph (1)
shall require the Institute of Medicine to submit to the
Secretary and to Congress, not later than 2 years after the
date of the enactment of the Native Hawaiian and Other Pacific
Islander Health Data Act of 2009, a report containing a
description of the results of the study conducted under
paragraph (1), including the conclusions and recommendations of
the Institute of Medicine for each of the items described in
subparagraphs (A) through (D) of such paragraph.
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2010 through 2015.''. | Native Hawaiian and Other Pacific Islander Health Data Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to: (1) develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI (Native Hawaiians and Other Pacific Islanders) populations living in the continental United States, Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands; and (2) conduct a preliminary health survey to identify the major regions of such areas in which NHOPI people reside, including data the Secretary determines to be useful in determining health status and health care needs or required for developing or implementing the national strategy.
Directs the Secretary to enter into an agreement with the Institute of Medicine to conduct a study on: (1) the standards and definitions of health care applied to health care systems in Guam, the Northern Mariana Islands, American Samoa, the U,S. Virgin Islands, Micronesia, Palau, or the Marshall Islands; (2) the status and performance of health care systems in such areas; (3) the effectiveness of donor aid in addressing health care needs and priorities in such areas; and (4) progress toward implementing recommendations of the Institute's Committee on Health Care Services in the United States-Associated Pacific Basin that are set forth in the 1998 report, "Pacific Partnerships for Health; Charting a New Course for the 21st Century." | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide for health data regarding Native Hawaiians and other Pacific Islanders."} | 1,517 | 338 | 0.669855 | 1.89007 | 0.642046 | 5.324503 | 4.427152 | 0.966887 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The National Technical Information Service (referred to
in this Act as ``NTIS''), the National Archives and Records
Administration, the Government Accountability Office (referred
to in this section as ``GAO''), and the Library of Congress all
collect, categorize, and distribute government information.
(2) NTIS was established in 1950, more than 40 years before
the creation of the Internet.
(3) NTIS is tasked with collecting and distributing
government-funded scientific, technical, engineering, and
business-related information and reports.
(4) GAO found that NTIS sold only 8 percent of the
2,500,000 reports in its collection between 1995 and 2000.
(5) A November 2012 GAO review of NTIS made the following
conclusions:
(A) ``Of the reports added to NTIS's repository
during fiscal years 1990 through 2011, GAO estimates
that approximately 74 percent were readily available
from other public sources.''.
(B) ``These reports were often available either
from the issuing organization's website, the Federal
Internet portal (http://www.USA.gov) or from another
source located through a web search.''.
(C) ``The source that most often had the report
[GAO] was searching for was another website located
through http://www.Google.com.''.
(D) ``95 percent of the reports available from
sources other than NTIS were available free of
charge.''.
(6) No Federal agency should use taxpayer dollars to
purchase a report from the National Technical Information
Service that is available through the Internet for free.
(7) As far back as 1999, Secretary of Commerce William
Daley--
(A) admitted that the National Technical
Information Service would eventually outlive its
usefulness and be unable to sustain its revenue-losing
profit model;
(B) explained that ``declining sales revenues soon
would not be sufficient to recover all of NTIS'
operating costs''; and
(C) attributed this ``decline to other agencies'
practice of making their research results available to
the public for free through the Web''.
(8) According to the November 2012 GAO report--
(A) ``NTIS product expenditures exceeded revenues
for 10 out of the past 11 fiscal years.'';
(B) ``The agency lost, on average, about $1.3
million over the last 11 years on its products.''; and
(C) ``The decline in revenue for its products
continues to call into question whether NTIS's basic
statutory function of acting as a self-financing
repository and disseminator of scientific and technical
information is still viable.''.
(9) NTIS has compensated for its lost revenue by charging
other Federal agencies for various services that are not
associated with NTIS's primary mission.
(10) Future technological advances will ensure that the
services offered by NTIS are even more superfluous for
essential government functions than they are today.
SEC. 2. NATIONAL TECHNICAL INFORMATION SERVICE.
(a) Repeal.--Effective on the date that is 1 year after the date of
the enactment of this Act, the National Technical Information Act of
1988 (subtitle B of title II of Public Law 100-519; 15 U.S.C. 3704b) is
repealed.
(b) Transfer of Critical Functions.--
(1) Consultation requirement.--The Secretary of Commerce,
the Archivist of the United States, the Comptroller General of
the United States, and the Commissioner of Social Security
shall consult with the Director of the Office of Management and
Budget to determine if any function of the National Technical
Information Service is critical to the economy of the United
States.
(2) GAO certification.--The Comptroller General shall
determine which of the critical functions identified pursuant
to paragraph (1) are not being carried out by any other agency
or instrumentality of the Federal Government.
(3) Transfers authorized.--Before the effective date set
forth in subsection (a), the Secretary of Commerce may transfer
the responsibility for any critical function of NTIS (as
identified under paragraph (1)) that is not otherwise being
carried out (as determined under paragraph (2)) to another
office within the Department of Commerce.
(c) Abolition of Functions.--Except for the functions transferred
pursuant to subsection (b), all functions of the National Technical
Information Service immediately before the repeal date described in
subsection (a) are abolished on such repeal date.
SEC. 3. SECRETARY OF COMMERCE CERTIFICATION.
Before the effective date set forth in section 2(a), the Secretary
of Commerce shall submit a written certification to the Committee on
Finance of the Senate and the Committee on Energy and Commerce of the
House of Representatives that all of the operations of the National
Technical Information Service have been terminated. | Repeals the National Technical Information Act of 1988, effective one year after the enactment of this Act (thus abolishes the National Technical Information Service [NTIS]). Directs: (1) the Secretary of Commerce, the Archivist of the United States, the Comptroller General (GAO), and the Commissioner of Social Security to consult with the Director of the Office of Management and Budget (OMB) to determine if any NTIS function is critical to the U.S. economy; (2) the Comptroller General to determine which of any such critical functions are not being carried out by any other agency or instrumentality of the federal government; and (3) the Secretary of Commerce, prior to the effective date of this Act, to submit to the House Committee on Energy and Commerce and the Senate Committee on Finance a written certification that all NTIS operations have been terminated. | {"src": "billsum_train", "title": "To streamline the collection and distribution of government information."} | 1,056 | 187 | 0.457222 | 1.508896 | 0.699828 | 4.084848 | 6.006061 | 0.945455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spectrum Inventory and Auction Act
of 2011''.
SEC. 2. INVENTORY OF BROADBAND SPECTRUM.
Part B of title I of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 921 et seq.) is
amended by adding at the end the following new section:
``SEC. 119. INVENTORY OF BROADBAND SPECTRUM.
``(a) In General.--The Assistant Secretary and the Commission shall
conduct an inventory of each broadband radio spectrum band of
frequencies listed in the United States Table of Frequency Allocations.
Such inventory shall include--
``(1) the radio services authorized to operate in each band
of frequencies;
``(2) the identity of each Federal or non-Federal user
within each such radio service authorized to operate in each
band of frequencies;
``(3) the activities, capabilities, functions, or missions
(including whether such activities, capabilities, functions, or
missions are space-based, air-based, or ground-based) supported
by the transmitters, end-user terminals or receivers, or other
radio frequency devices authorized to operate in each band of
frequencies;
``(4) the total amount of spectrum, by band of frequencies,
assigned or licensed to each Federal or non-Federal user (in
percentage terms and in sum) and the geographic areas covered
by their respective assignments or licenses;
``(5) the approximate number of transmitters, end-user
terminals or receivers, or other radio frequency devices
authorized to operate, as appropriate to characterize the
extent of use of each radio service in each band of
frequencies;
``(6) an approximation of the extent to which each Federal
or non-Federal user is using, by geography, each band of
frequencies, such as the amount and percentage of time of use,
number of end users, or other measures as appropriate to the
particular band and radio service; and
``(7) to the greatest extent possible--
``(A) contour maps or other information that
illustrate the coverage area, receiver performance, and
other parameters relevant to an assessment of the
availability of spectrum in each band;
``(B) for each band or range of frequencies, the
identity of each entity offering unlicensed services
and the types and approximate number of unlicensed
intentional radiators verified or certified by the
Commission that are authorized to operate; and
``(C) for non-Federal users, any commercial names
under which facilities-based service is offered to the
public using the spectrum of the non-Federal user,
including the commercial names under which the spectrum
is being offered through resale.
``(b) Updates of Inventory.--The Assistant Secretary and the
Commission shall make all reasonable efforts to update the inventory
conducted under subsection (a) on a quarterly basis, but in no event
shall the updates of the inventory be made less frequently than
semiannually.
``(c) Reports to Congress.--
``(1) Inventory reports.--Not later than December 31, 2011,
and biennially thereafter, the Assistant Secretary and the
Commission shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and to the Committee on Energy
and Commerce of the House of Representatives a report
containing--
``(A) the results of the inventory conducted under
subsection (a), including any updates to the
information in the inventory pursuant to subsection
(b);
``(B) a description of any information the
Assistant Secretary or the Commission determines is
necessary for the inventory but that is unavailable;
and
``(C) a description of any information with respect
to which the head of an Executive agency has notified
the Assistant Secretary under subsection (e)(1)(A).
``(2) Relocation reports.--Not later than July 1, 2012, and
biennially thereafter, the Assistant Secretary and the
Commission shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
containing a recommendation of which bands of frequencies
inventoried under subsection (a), if any, should be reallocated
or otherwise made available for shared access and an
explanation of the basis for that recommendation.
``(d) Availability on Internet.--
``(1) In general.--Not later than March 31, 2012, the
Assistant Secretary and the Commission shall make the inventory
conducted under subsection (a) available to the public on an
Internet website.
``(2) Updates.--Not later than 30 days after each update of
the inventory under subsection (b), the Assistant Secretary and
the Commission shall update the information posted on the
Internet website under paragraph (1).
``(e) National Security Exception.--
``(1) In general.--
``(A) Notification by agency head.--If the head of
an Executive agency (as defined in section 105 of title
5, United States Code) determines that public
disclosure of certain information held by such agency
or a licensee of non-Federal spectrum and required to
be included in the inventory under subsection (a) would
reveal classified national security information and
such public disclosure would be detrimental to national
security, the agency head shall notify the Assistant
Secretary of that determination and shall include
descriptions of the activities, capabilities,
functions, or missions (including whether they are
space-based, air-based, or ground-based) supported by
the information being withheld.
``(B) Information provided.--The agency head shall
provide to the Assistant Secretary--
``(i) the publicly releasable information
required by subsection (a);
``(ii) to the maximum extent practicable, a
summary description, suitable for public
release, of the classified national security
information; and
``(iii) a classified annex, under
appropriate cover, containing the classified
national security information that the agency
head has determined must be withheld from
public disclosure.
``(2) Additional disclosure.--The annex required under
paragraph (1)(B)(iii) shall be provided to the congressional
committees described in subsection (c)(1) but shall not be
released to the public or provided to any unauthorized person
through the website described in subsection (d) or any other
means.
``(3) National security council consultation.--Prior to any
public release of the inventory conducted under subsection (a),
including submission of a report under subsection (c)(1) and
the release of any information on the Internet under subsection
(d), the Assistant Secretary and the Commission shall--
``(A) make available to the National Security
Council the information that the Assistant Secretary
and the Commission plan to release to the public;
``(B) allow the National Security Council not fewer
than 30 days to identify information that should not be
released to the public because such release would
threaten national security; and
``(C) not release to the public or provide to any
unauthorized person through the website described in
subsection (d) or any other means any information
identified by the National Security Council under
subparagraph (B).
``(f) Use of Agency Resources.--In conducting the inventory under
subsection (a), the Assistant Secretary and the Commission shall first
use NTIA and Commission resources, including existing databases, field
testing, and recordkeeping systems, and only request information from
Federal and non-Federal users if such information cannot be obtained
using such resources.''.
SEC. 3. VOLUNTARY INCENTIVE AUCTION REVENUE SHARING.
(a) In General.--Section 309(j)(8) of the Communications Act of
1934 (47 U.S.C. 309(j)(8)) is amended--
(1) in subparagraph (A), by striking ``(D), and (E),'' and
inserting ``(D), (E), and (F),'';
(2) in the first sentence of subparagraph (B), by inserting
``and except as provided in subparagraph (F)'' after
``subparagraph (A)'';
(3) in subparagraph (C)(i), by inserting ``and subparagraph
(F)'' after ``subparagraph (E)(ii)'';
(4) in subparagraph (E)(ii), by inserting ``and except as
provided in subparagraph (F)'' after ``Notwithstanding
subparagraph (A)''; and
(5) by adding at the end the following new subparagraph:
``(F) Voluntary incentive auction revenue
sharing.--
``(i) In general.--Subject to clause (iv),
notwithstanding subparagraphs (A), (B), and
(E), if the Commission determines that it is
consistent with the public interest in
utilization of the spectrum for a licensee to
relinquish voluntarily some or all of its
licensed spectrum usage rights in order to
permit the assignment of new initial licenses
or the allocation of spectrum for unlicensed
use subject to new service rules, the proceeds
from the use of a competitive bidding system
under this subsection in granting such rights
to another licensee shall be shared, in an
amount or percentage that the Commission
considers appropriate and that is more than de
minimis, with the licensee who voluntarily
relinquished such rights.
``(ii) Amounts not shared deposited in
treasury.--In any case in which a licensee
voluntarily relinquishes licensed spectrum
usage rights under clause (i), the Commission
shall deposit in the Treasury any portion of
the proceeds described in such clause that the
Commission does not share with the licensee.
``(iii) Treatment of deposits of successful
bidders.--Notwithstanding subparagraph (C)(i),
in the case of a person who has paid a deposit
to bid in a system of competitive bidding used
to grant spectrum usage rights voluntarily
relinquished under clause (i) and who has been
granted such rights under such system, the
Commission may treat such deposit as proceeds
under this subparagraph if the Commission
considers it appropriate.
``(iv) Authority contingent on completion
of broadband spectrum inventory.--The
Commission shall have no authority to auction
spectrum rights voluntarily relinquished in
accordance with clause (i) until the Assistant
Secretary of Commerce for Communications and
Information and the Commission submit the
initial report required by subsection (c)(1) of
section 119 of the National Telecommunications
and Information Administration Organization Act
(relating to the inventory of broadband
spectrum conducted under subsection (a) of such
section) and make such inventory available on
an Internet website (as required by subsection
(d)(1) of such section).''.
(b) Federal Communications Commission Action.--Not later than 180
days after the date of enactment of this Act, the Federal
Communications Commission shall establish rules for the implementation
of voluntary incentive auction revenue sharing under subparagraph (F)
of section 309(j)(8) of the Communications Act of 1934, as added by
subsection (a)(5).
(c) Prohibition on Federal Communications Commission Action.--The
Federal Communications Commission may not reclaim frequencies of
broadcast television licensees or any other licensees directly or
indirectly on an involuntary basis under subparagraph (F) of section
309(j)(8) of the Communications Act of 1934, as added by subsection
(a)(5).
SEC. 4. EXTENSION OF FCC AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``2012'' and inserting ``2020''. | Spectrum Inventory and Auction Act of 2011 - Amends the National Telecommunications and Information Administration Organization Act to require the Assistant Secretary for Communications and Information at the Department of Commerce and the Federal Communications Commission (FCC) to: (1) inventory, at least semiannually, each broadband radio spectrum band of frequencies listed in the U.S. Table of Frequency Allocations, including the identity of each federal or non-federal user within each radio service authorized to operate in each band of frequencies, the activities and capabilities (whether space-, air-, or ground-based) supported by transmitters and other radio frequency devices, the total amount of spectrum and geographic coverage areas assigned or licensed to each user, and other specified information; and (2) make the inventory available to the public on an Internet website.
Directs the Assistant Secretary and the FCC to submit to Congress a biennial report containing a recommendation of which bands of inventoried frequencies, if any, should be reallocated or made available for shared access.
Sets forth exceptions for federal agencies to withhold certain national security information.
Amends the Communications Act of 1934 to provide that, if the FCC determines that it is consistent with the public interest in spectrum utilization (after a report of the initial inventory is submitted to Congress and made available on the Internet) for a licensee to voluntarily relinquish licensed spectrum usage rights to permit the assignment of new initial licenses or the allocation of spectrum for unlicensed use subject to new service rules, the proceeds from granting such rights to another licensee under an appropriate competitive bidding system must be shared, in a more than de minimis amount that the FCC considers appropriate, with the licensee who voluntarily relinquished such rights.
Directs the FCC to establish rules for such voluntary incentive auction revenue sharing.
Prohibits the FCC from reclaiming frequencies of any licensees on an involuntary basis for certain licensing purposes.
Extends the FCC's authority to grant a license or permit under the applicable competitive bidding provisions to September 30, 2020. | {"src": "billsum_train", "title": "To require the National Telecommunications and Information Administration and the Federal Communications Commission to conduct an inventory of broadband spectrum, to authorize the Commission, contingent on the completion of such inventory, to conduct auctions of voluntarily relinquished spectrum usage rights and to share the revenues with the licensees who relinquished such rights, and for other purposes."} | 2,555 | 448 | 0.672272 | 2.031161 | 0.827215 | 3.437995 | 6.266491 | 0.920844 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Consumers from
Unreasonable Rates Act''.
SEC. 2. PROTECTION OF CONSUMERS FROM EXCESSIVE, UNJUSTIFIED, OR
UNFAIRLY DISCRIMINATORY RATES.
(a) Protection From Excessive, Unjustified, or Unfairly
Discriminatory Rates.--The first section 2794 of the Public Health
Service Act (42 U.S.C. 300gg-94), as added by section 1003 of the
Patient Protection and Affordable Care Act (Public Law 111-148), is
amended by adding at the end the following new subsection:
``(e) Protection From Excessive, Unjustified, or Unfairly
Discriminatory Rates.--
``(1) Authority of states.--Nothing in this section shall
be construed to prohibit a State from imposing requirements
(including requirements relating to rate review standards and
procedures and information reporting) on health insurance
issuers with respect to rates that are in addition to the
requirements of this section and are more protective of
consumers than such requirements.
``(2) Consultation in rate review process.--In carrying out
this section, the Secretary shall consult with the National
Association of Insurance Commissioners and consumer groups.
``(3) Determination of who conducts reviews for each
state.--The Secretary shall determine, after the date of
enactment of this section and periodically thereafter, the
following:
``(A) In which markets in each State the State
insurance commissioner or relevant State regulator
shall undertake the corrective actions under paragraph
(4), based on the Secretary's determination that the
State regulator is adequately undertaking and utilizing
such actions in that market.
``(B) In which markets in each State the Secretary
shall undertake the corrective actions under paragraph
(4), in cooperation with the relevant State insurance
commissioner or State regulator, based on the
Secretary's determination that the State is not
adequately undertaking and utilizing such actions in
that market.
``(4) Corrective action for excessive, unjustified, or
unfairly discriminatory rates.--In accordance with the process
established under this section, the Secretary or the relevant
State insurance commissioner or State regulator shall take
corrective actions to ensure that any excessive, unjustified,
or unfairly discriminatory rates are corrected prior to
implementation, or as soon as possible thereafter, through
mechanisms such as--
``(A) denying rates;
``(B) modifying rates; or
``(C) requiring rebates to consumers.
``(5) Noncompliance.--Failure to comply with any corrective
action taken by the Secretary under this subsection may result
in the application of civil monetary penalties under section
2723 and, if the Secretary determines appropriate, make the
plan involved ineligible for classification as a qualified
health plan.''.
(b) Clarification of Regulatory Authority.--Such section is further
amended--
(1) in subsection (a)--
(A) in the heading, by striking ``Premium'' and
inserting ``Rate'';
(B) in paragraph (1), by striking ``unreasonable
increases in premiums'' and inserting ``potentially
excessive, unjustified, or unfairly discriminatory
rates, including premiums,''; and
(C) in paragraph (2)--
(i) by striking ``an unreasonable premium
increase'' and inserting ``a potentially
excessive, unjustified, or unfairly
discriminatory rate'';
(ii) by striking ``the increase'' and
inserting ``the rate''; and
(iii) by striking ``such increases'' and
inserting ``such rates''; and
(2) in subsection (b)--
(A) by striking ``premium increases'' each place it
appears and inserting ``rates''; and
(B) in paragraph (2)(B), by striking ``premium''
and inserting ``rate''.
(c) Conforming Amendments.--Title XXVII of the Public Health
Service Act (42 U.S.C. 300gg et seq.) is amended--
(1) in section 2723 (42 U.S.C. 300gg-22), as redesignated
by the Patient Protection and Affordable Care Act--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and
section 2794'' after ``this part''; and
(ii) in paragraph (2), by inserting ``or
section 2794'' after ``this part''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``and
section 2794'' after ``this part''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by
inserting ``or section 2794 that is''
after ``this part''; and
(II) in subparagraph (C)(ii), by
inserting ``or section 2794'' after
``this part''; and
(2) in section 2761 (42 U.S.C. 300gg-61)--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and
section 2794'' after ``this part''; and
(ii) in paragraph (2)--
(I) by inserting ``or section
2794'' after ``set forth in this
part''; and
(II) by inserting ``and section
2794'' after ``the requirements of this
part''; and
(B) in subsection (b)--
(i) by inserting ``and section 2794'' after
``this part''; and
(ii) by inserting ``and section 2794''
after ``part A''.
(d) Applicability to Grandfathered Plans.--Section 1251(a)(4)(A) of
the Patient Protection and Affordable Care Act (Public Law 111-148), as
added by section 2301 of the Health Care and Education Reconciliation
Act of 2010 (Public Law 111-152), is amended by adding at the end the
following:
``(v) Section 2794 (relating to
reasonableness of rates with respect to health
insurance coverage).''.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act, such sums as may be necessary.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall be implemented
with respect to health plans beginning not later than January 1, 2018. | Protecting Consumers from Unreasonable Rates Act This bill amends the Public Health Service Act to declare that the review by the Department of Health and Human Services (HHS) of unreasonable increases in health care coverage premiums does not prohibit a state from imposing on health insurers additional rate requirements that are more protective of consumers. The HHS review, which currently covers only premium increases, is expanded to include all rate increases. HHS or the relevant state agency must ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected before, or as soon as possible after, implementation, including through mechanisms such as denying rates, modifying rates, or requiring rebates to consumers. HHS may apply civil monetary penalties to health insurers that fail to comply with a corrective action taken by HHS and may make the plan involved ineligible for classification as a qualified health plan. (Qualified health plans are sold on health insurance exchanges, are the only plans eligible for premium subsidies, and fulfill an individual's requirement to maintain minimum essential coverage.) HHS must determine whether HHS or the state will undertake the corrective actions based on whether the state can adequately undertake the actions. This bill applies to health plans grandfathered under the Patient Protection and Affordable Care Act. | {"src": "billsum_train", "title": "Protecting Consumers from Unreasonable Rates Act"} | 1,507 | 276 | 0.64655 | 1.981388 | 0.75232 | 2.354701 | 5.547009 | 0.799145 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Professionals Act
of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In order to enhance the national security of the United
States, including preventing, protecting against, responding
to, and recovering from natural and manmade disasters, such as
acts of terrorism, as well as to achieve greater agency
integration for the projection of American power, it is the
policy of the United States to promote the education, training,
and interagency experience of current and future professionals
in national security positions in Federal agencies.
(2) Improvised interagency responses in the face of
imminent threats or during a response to a national emergency
result in mistakes, mismanagement, and waste.
(3) Effective national security interagency operations
require a transformation of national security education,
training, and interagency experience in order to produce an
interagency cadre of able national security professionals with
specific education, training, and interagency experience.
(4) Professional requirements and staffing needs relating
to national security differ for every level of government, as
well as among Federal agencies; therefore, the career
development of national security professionals will vary
between and within departments and agencies.
(5) Today, there is no formal coordinated system for
developing the skills and experience needed to fulfill this
need.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code;
(2) the term ``national security professional'' means an
employee holding a national security position;
(3) the term ``national security position'' means a
position, the duties and responsibilities of which include
planning, coordinating, and executing missions in support of
national security objectives, such as positions across multiple
departments and agencies in--
(A) the National Counterterrorism Center; or
(B) a provincial reconstruction team; and
(4) the term ``National Security Career Development
Program'' or ``Program'' refers to the program developed and
implemented under this Act.
SEC. 4. NATIONAL SECURITY CAREER DEVELOPMENT PROGRAM.
(a) Establishment.--
(1) In general.--The President shall establish a program
for the development of national security professionals, which
shall be known as the ``National Security Career Development
Program''. The Program shall set forth a framework that shall
provide national security professionals access to integrated
education, training, and professional experience interagency
opportunities for the purpose of enhancing their mission-
related knowledge, skills, and experience, and thereby improve
their capability to safeguard the security of the Nation. Such
interagency career development opportunities shall be provided
across Federal agencies, levels of Government, and national
security functions, as appropriate.
(2) Participating departments and agencies.--The
departments and agencies participating in the Program shall
include the Department of State, the Department of the
Treasury, the Department of Defense, the Department of Justice,
the Department of Agriculture, the Department of Labor, the
Department of Health and Human Services, the Department of
Housing and Urban Development, the Department of
Transportation, the Department of Energy, the Department of
Education, the Department of Homeland Security, the Office of
Management and Budget, the Nuclear Regulatory Commission, the
United States Agency for International Development, and all
intelligence agencies.
(b) Appointment and Advancement.--
(1) Experienced personnel.--Departments and agencies
participating in the Program shall encourage the appointment of
personnel with a variety of national security experiences from
within and outside the Federal Government for national security
positions.
(2) Qualifications.--Departments and agencies participating
in the Program shall identify national security qualifications
for appointment and advancement opportunities. Agency job
announcements for national security positions shall solicit
applications from the widest population authorized by law and
regulation on the date of the solicitation.
(c) Certification.--The Program shall establish policies to
identify a threshold of interagency experience, knowledge, skills, and
abilities required to obtain a national security interagency
certification as a national security professional. The certification
shall be a consideration for promotion of national security
professionals holding career appointments.
(d) Funding.--Implementation of the Program shall be subject to the
availability of appropriations. The President's budget request shall
include funding requirements to establish and maintain a National
Security Career Development Program to include an end strength float
enabling agencies to continue day-to-day functions while enabling
selected agency national security professionals to participate in
career development activities which require temporary absences from
their duty positions.
SEC. 5. PROGRAM COMPONENTS.
(a) In General.--The National Security Career Development Program
shall include--
(1) a rigorous and effective set of educational
opportunities for national security professionals;
(2) training that refreshes or enhances a national security
professional's expertise in planning, coordinating, and
executing national security missions through instruction,
drills, and exercises that take into account the full spectrum
of threats and hazards that comprise America's 21st century
risk environment; and
(3) opportunities for professional interagency experience,
as described in subsection (b).
(b) Professional Interagency Experience.--In order to carry out
subsection (a)(3), the Program shall include opportunities for inter-
governmental, interagency, and inter-office assignments, fellowships,
and exchanges (including with non-governmental organizations, to the
extent appropriate), in order to achieve the following:
(1) Enable national security professionals to understand
the roles, responsibilities, and cultures of other
organizations and disciplines involved in national security.
(2) Promote the exchange of ideas and practices among
national security professionals.
(3) Build trust and familiarity among national security
professionals with differing perspectives.
(4) Minimize obstacles to coordination in the face of a
national security threat or emergency.
(c) Incentives.--The Program shall link career advancement or other
incentives for national security professionals to participation in
rotational or temporary detail interagency assignments to include:
(1) Linkage of interagency assignments in national security
positions to accelerated promotion consideration for national
security professionals to grades GS-14 and GS-15 of the General
Schedule (or their equivalent).
(2) Eligibility of national security professionals holding
a position in grade GS-13 or GS-14 of the General Schedule (or
the equivalent) who complete an interagency assignment for
immediate step increases or other incentives.
(d) Waivers; Grandfathering; Political Appointees.--
(1) Waivers.--The Program may, with respect to any
incentive under subsection (c) that requires prior Government
service or experience, waive such requirement, in the case of
individuals who are able to demonstrate that they possess
similar or equivalent service or experience from work in the
private sector or other employment outside the Federal
Government.
(2) Grandfathering.--For the purpose of promotion to Senior
Executive Service (or equivalent) positions, Federal agencies
may grandfather personnel who, as of the date of the enactment
of this Act, have a career appointment in grade GS-14 or GS-15
of the General Schedule (or the equivalent), and who, as
determined by the head of the Federal agency involved, have
acquired the necessary knowledge, skills, and aptitudes
required for promotion to the Senior Executive Service (or
equivalent).
(3) Political appointees.--The Program shall establish
appropriate career development programs for political
appointees in national security positions.
SEC. 6. REPORTING REQUIREMENTS.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to each House of the
Congress a written report describing, and setting forth the details of
an implementation plan for, the National Security Career Development
Program.
(b) Annual Reports.--The President shall submit to Congress each
year, at the time that the President's budget is submitted to Congress
that year under section 1105(a) of title 31, United States Code, a
report detailing the status of the implementation plan described in
subsection (a). | National Security Professionals Act of 2008 - Directs the President to establish a National Security Career Development Program to provide national security professionals access to integrated education, training, and professional experience interagency opportunities.
Requires: (1) the Program to establish policies to identify a threshold of interagency experience, knowledge, skills, and abilities required to obtain a national security interagency certification; and (2) the certification to be a consideration for promotion.
Requires the President's budget request to include funding requirements to establish and maintain the Program.
Requires the Program to include: (1) a rigorous and effective set of educational opportunities for national security professionals; (2) training that refreshes or enhances such a professional's expertise in planning, coordinating, and executing national security missions through instruction, drills, and exercises that take into account the full spectrum of threats and hazards that comprise America's 21st century risk environment; and (3) opportunities for professional interagency experience and intergovernmental, interagency, and interoffice assignments, fellowships, and exchanges.
Requires the program to: (1) link career advancement or other incentives to participation in rotational or temporary detail interagency assignments; and (2) establish appropriate career development programs for political appointees in national security positions. | {"src": "billsum_train", "title": "To provide for the establishment and implementation of a National Security Career Development Program."} | 1,725 | 275 | 0.658599 | 2.07254 | 0.899249 | 5.849372 | 6.903766 | 0.987448 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Black Lung
Benefits Restoration Act of 1997''.
(b) Reference.--Whenever in this Act (other than section 9(a)(1))
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 Black Lung
Benefits Act.
SEC. 2. BENEFIT OVERPAYMENT.
Part C is amended by adding at the end the following:
``Sec. 436 (a) The repayment of benefits paid on a claim filed
under this part before the final adjudication of the claim shall not be
required if the claim was finally denied, unless fraud or deception was
used to procure the payment of such benefits.
``(b) The trust fund shall refund any payments made to it as a
reimbursement of benefits paid on a claim filed under this part before
the final adjudication of the claim, unless fraud or deception was used
to procure the payment of such benefits.
``(c) The trust fund shall reimburse an operator for any benefits
paid on a claim filed under this part before the final adjudication of
the claim if the claim was finally denied.
``(d) If on a claim for benefits filed under this part--
``(1) the Secretary makes an initial determination--
``(A) of eligibility, or
``(B) that particular medical benefits are payable,
or
``(2) an award of benefits is made,
the operator found to be the responsible operator under section 422(h)
shall, within 30 days of the date of such determination or award,
commence the payment of monthly benefits accruing thereafter and of
medical benefits that have been found payable. If an operator fails to
timely make any payment required by an initial determination or by an
award, such determination or award shall be considered final as of the
date of its issuance.''.
SEC. 3. EVIDENCE.
Section 422 (30 U.S.C. 932) is amended by adding at the end the
following:
``(m)(1)(A) During the course of all proceedings on a claim for
benefits under this part, the results of not more than 3 medical
examinations offered by the claimant may be received as evidence to
support eligibility for benefits.
``(B) During the course of all proceedings on a claim for benefits
under this part, the responsible operator and the trust fund--
``(i) may each require, at no expense to the claimant, not
more than one medical examination of the miner, and
``(ii) may not each offer as evidence the results of more
than one medical examination of the miner.
``(C) An administrative law judge may require the miner to submit
to a medical examination by a physician assigned by the District
Director if the administrative law judge determines that, at any time,
there is good cause for requiring such examination. For purposes of
this subparagraph, good cause shall exist only when the administrative
law judge is unable to determine from existing evidence whether the
claimant is entitled to benefits.
``(D) The complete pulmonary evaluation provided each miner under
section 413(b) and any consultive evaluation developed by the District
Director shall be received into evidence notwithstanding subparagraph
(A) or (B).
``(E) Any record of--
``(i) hospitalization for a pulmonary or related disease,
``(ii) medical treatment for a pulmonary or related
disease, and
``(iii) a biopsy or an autopsy,
may be received into evidence notwithstanding subparagraph (A) or (B).
``(2) In addition to the medical examinations authorized by
paragraph (1), each party may submit one interpretive medical opinion
(whether presented as documentary evidence or in oral testimony)
reviewing each clinical study or physical examination (including a
consultive reading of a chest roentgenogram, an evaluation of a blood
gas study, and an evaluation of a pulmonary function study) derived
from any medical examination or contained in a record referred to in
paragraph (1)(E).
``(3) A request for modification of a denied claim under section 22
of the Longshore and Harbor Workers' Compensation Act, as made
applicable to this Act by subsection (a) of this section, shall be
considered as if it were a new claim for the purpose of applying the
limitations prescribed by paragraphs (1) and (2).
``(4) The opinion of a miner's treating physician, if offered in
accordance with paragraph (1)(A), shall be given substantial weight
over the opinion of other physicians in determining the claimant's
eligibility for benefits if the treating physician is board-certified
in a specialty relevant to the diagnosis of total disability or death
due to pneumoconiosis.
``(5) For purposes of this subsection, a medical examination
consists of a physical examination and all appropriate clinical studies
(not including a biopsy or an autopsy) related to the diagnosis of
total disability or death due to pneumoconiosis.''.
SEC. 4. SURVIVOR BENEFITS.
(a) Death.--Section 422 (30 U.S.C. 932), as amended by section 3,
is amended by adding at the end the following:
``(n) If an eligible survivor files a claim for benefits under this
part and if the miner--
``(1) was receiving benefits for pneumoconiosis pursuant to
a final adjudication under this part, or
``(2) was totally disabled by pneumoconiosis at the time of
the miner's death,
the miner's death shall be considered to have occurred as a result of
the pneumoconiosis.''.
(b) Rules for Widows and Widowers.--Section 422 (30 U.S.C. 932), as
amended by subsection (a), is amended by adding at the end the
following:
``(o)(1) A widow or widower of a miner who was married to the miner
for less than 9 months at any time preceding the miner's death is not
qualified to receive survivor benefits under this part unless the widow
or widower was the natural or adoptive parent of the miner's child.
``(2) The widow or widower of a miner is disqualified to receive
survivor benefits under this part if the widow or widower remarries
before attaining the age of 50.
``(3) A widow or widower may not receive an augmentation in
survivor benefits on any basis arising out of a remarriage of the widow
or widower.''.
SEC. 5. RESPONSIBLE OPERATOR.
Section 422(h) (30 U.S.C. 932(h)) is amended by inserting ``(1)''
after ``(h)'' and by adding at the end the following:
``(2)(A) Prior to issuing an initial determination of eligibility,
the Secretary shall, after investigation, notice, and a hearing as
provided in section 19 of the Longshore and Harbor Workers'
Compensation Act, as made applicable to this Act by subsection (a) of
this section, determine whether any operator meets the Secretary's
criteria for liability as a responsible operator under this Act. If a
hearing is timely requested on the liability issue, the decision of the
administrative law judge conducting the hearing shall be issued not
later than 120 days after such request and shall not be subject to
further appellate review.
``(B) If the administrative law judge determines that an operator's
request for a hearing on the liability issue was made without
reasonable grounds, the administrative law judge may assess the
operator for the costs of the proceeding (not to exceed $750).''.
SEC. 6. ATTORNEY FEES.
Section 422 (30 U.S.C. 932), as amended by section 4(b), is amended
by adding at the end the following:
``(p)(1) If in any administrative or judicial proceeding on a claim
for benefits a determination is made that a claimant is entitled to
such benefits, the claimant shall be entitled to receive all reasonable
costs and expenses (including expert witness and attorney's fees)
incurred by the claimant in such proceeding and in any other
administrative or judicial proceeding on such claim occurring before
such proceeding.
``(2) In the case of a proceeding held with respect to such claim--
``(A) the person or Board which made the determination that
the claimant is entitled to benefits in an administrative
proceeding and any other person or Board which made a prior
determination in an administrative proceeding on such claim, or
``(B) the court in the case of a judicial proceeding,
shall determine the amount of all costs and expenses (including expert
witness and attorney's fees) incurred by the claimant in connection
with any such proceeding and shall assess the operator responsible to
the claimant for such costs and expenses which are reasonable or if
there is not an operator responsible to the claimant, shall assess the
fund for such costs and expenses.
``(3) The determination of such costs and expenses shall be made
within 60 days of the date the claimant submits a petition for the
payment of such costs and expenses to a person, the Board, or court
which made a determination on the claimant's claim. The person, Board,
or court receiving such petition shall take such action as may be
necessary to assure that such costs and expenses are paid within 45
days of the date of the determination of such costs and expenses unless
a motion to reconsider--
``(A) the amount of such costs and expenses, or
``(B) the person liable for the payment of such amount,
is pending.
``(4) If an operator pays costs and expenses assessed under
paragraph (1) and if the claimant for whom such costs and expenses were
paid is determined in a later proceeding not to be eligible for
benefits under this part, the fund shall pay the operator the amount
paid for such costs and expenses.
``(5) Section 28(e) of the Longshore and Harbor Workers'
Compensation Act shall apply with respect to any person who receives
costs and expenses which are paid under this subsection on account of
services rendered a claimant.''.
SEC. 7. ADMINISTRATION.
(a) Appeals to the Benefits Review Board.--No appeal of an order in
a proceeding under the Black Lung Benefits Act may be made by a
claimant or respondent to the Benefits Review Board unless such order
has been made by an administrative law judge.
(b) Acquiescence.--The Secretary of Labor may not delegate to the
Benefits Review Board the authority to refuse to acquiesce in a
decision of a Federal court.
SEC. 8. REFILING.
Any claim filed under the Black Lung Benefits Act after January 1,
1982, but before the effective date of this Act prescribed by section
11(a), may be refiled under such Act after such effective date for a de
novo review on the merits.
SEC. 9. CONSTRUCTION.
If in any legal proceeding a term in any amendment made by this Act
is considered to be ambiguous, the legislative history accompanying
this Act shall be considered controlling.
SEC. 10. EFFECTIVE DATES.
(a) General Rule.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect October 1, 1997.
(b) Section 6.--The amendment made by section 6 shall apply only
with respect to claims which are filed for the first time after October
1, 1997, and shall not apply with respect to any claim which is filed
before such date and which is refiled under section 8 of this Act after
such date. | Black Lung Benefits Restoration Act of 1997 - Amends the Black Lung Benefits Act (the Act) to provide that, when black lung (pneumoconiosis) benefits are paid after an initial determination of eligibility, repayment of an overpayment will not be required even upon a final determination of ineligibility, if there was no fraud or deception by the claimant. Provides for refunds to claimants of any such repayments required before this Act. Provides for reimbursement by the Black Lung Disability Trust Fund to operators who made such benefit overpayments.
(Sec. 3) Revises evidence requirements. Prohibits the responsible operator or the Trust Fund from requiring more than one medical examination to controvert medical evidence presented by a claimant on the basis of a medical examination. Prohibits any claimant from offering more than three medical examinations, but authorizes the administrative law judge to require the claimant to submit to an additional medical examination.
(Sec. 4) Revises requirements for survivor benefits. Provides that a miner's death shall be considered to have occurred as a result of the pneumoconiosis if the miner was receiving benefits for, or was totally disabled by, pneumoconiosis at the time of death. Prohibits the payment of survivor benefits to any widow or widower of a miner who was married to the miner for less than nine months preceding the miner's death, unless such widow or widower was the natural or adoptive parent of the miner's child. or who had children as a result of such a marriage. Disqualifies for receipt of survivor benefits the widows or widowers of miners who remarry before attaining age 50. Prohibits any widow or widower from receiving an augmentation in survivor benefits on any basis arising out of a remarriage.
(Sec. 5) Requires the Secretary of Labor, before issuing an initial determination of workers compensation eligibility for pneumoconiosis, to determine whether any operator meets the Secretary's criteria for liability as a responsible operator. Requires an administrative law judge conducting a timely requested hearing on the liability issue to render a decision by a certain deadline, which decision shall not be subject to further appellate review. Authorizes assessment of proceeding costs against any operator requesting such a hearing, if the administrative law judge finds there were no reasonable grounds for such a request.
(Sec. 6) Requires that all reasonable legal costs and expenses incurred by the claimant be paid by the responsible operator, or the Trust Fund, after an administrative or judicial determination that the claimant is entitled to black lung benefits. Requires the Secretary or court to take action to assure that they are paid within 45 days after such determination.
Requires the Trust Fund to pay any operator the legal costs the operator paid to a claimant determined in a later proceeding to be ineligible for benefits.
(Sec. 7) Prohibits a claimant or respondent from appealing to the Benefits Review Board any order unless it has been made by an administrative law judge.
(Sec. 8) Allows any claim filed under the Act after January 1, 1982, but before enactment of this Act, to be refiled after enactment of this Act for a de novo review on the merits. | {"src": "billsum_train", "title": "Black Lung Benefits Restoration Act of 1997"} | 2,619 | 779 | 0.570718 | 1.946032 | 0.635198 | 3.20598 | 4.01495 | 0.887043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Supervisor Training Act of
2011''.
SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS.
(a) In General.--Section 4121 of title 5, United States Code, is
amended--
(1) by inserting before ``In consultation with'' the
following:
``(a) In this section, the term `supervisor' means--
``(1) a supervisor as defined under section 7103(a)(10);
``(2) a management official as defined under section
7103(a)(11); and
``(3) any other employee as the Director of the Office of
Personnel Management may by regulation prescribe.'';
(2) by striking ``In consultation with'' and inserting
``(b) Under operating competencies prescribed by, and in
consultation with,''; and
(3) by striking paragraph (2) (of the matter redesignated
as subsection (b) as a result of the amendment under paragraph
(2) of this subsection) and inserting the following:
``(2)(A) a program to provide training to supervisors on
actions, options, and strategies a supervisor may use in--
``(i) developing and discussing relevant goals and
objectives together with the employee, communicating
and discussing progress relative to performance goals
and objectives and conducting performance appraisals;
``(ii) mentoring and motivating employees and
improving employee performance and productivity;
``(iii) fostering a work environment characterized
by fairness, respect, equal opportunity, and attention
paid to the merit of the work of employees;
``(iv) effectively managing employees with
unacceptable performance;
``(v) addressing reports of a hostile work
environment, reprisal, or harassment of, or by, another
supervisor or employee;
``(vi) meeting supervisor competencies established
by the Office of Personnel Management or the employing
agency of the supervisor; and
``(vii) otherwise carrying out the duties or
responsibilities of a supervisor;
``(B) a program to provide training to supervisors on the
prohibited personnel practices under section 2302 (particularly
with respect to such practices described under subsection (b)
(1) and (8) of that section), employee collective bargaining
and union participation rights, and the procedures and
processes used to enforce employee rights; and
``(C) a program under which experienced supervisors mentor
new supervisors by--
``(i) transferring knowledge and advice in areas
such as communication, critical thinking,
responsibility, flexibility, motivating employees,
teamwork, leadership, and professional development; and
``(ii) pointing out strengths and areas for
development.
``(c) Training in programs established under subsection (b)(2) (A)
and (B) shall be--
``(1) interactive training which may include computer-based
training; and
``(2) to the extent practicable as determined by the head
of the agency, training that is instructor-based.
``(d)(1)(A) Not later than 1 year after the date on which an
individual is appointed to the position of supervisor, that individual
shall be required to have completed each program established under
subsection (b)(2).
``(B) The Director of the Office of Personnel Management may
establish and administer procedures under which the head of an agency
may extend the 1-year period described under subparagraph (A) with
respect to an individual.
``(2) After completion of a program under subsection (b)(2) (A) and
(B), each supervisor shall be required to complete a program under
subsection (b)(2) (A) and (B) at least once every 3 years.
``(3) Each program established under subsection (b)(2) shall
include provisions under which credit shall be given for periods of
similar training previously completed.
``(4) Each agency shall measure the effectiveness of training
programs established under subsection (b)(2).
``(e) Notwithstanding section 4118(c), the Director of the Office
of Personnel Management shall prescribe regulations to carry out this
section, including the monitoring of agency compliance with this
section. Regulations prescribed under this subsection shall include
measures by which to assess the effectiveness of agency supervisor
training programs.''.
(b) Report on Extensions for Training Requirements.--
(1) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Government
Reform of the House of Representatives.
(2) Report.--Not later than 2 years after the date of
enactment of this Act and annually thereafter, the Director of
the Office of Personnel Management shall submit a report with
respect to the preceding fiscal year to the appropriate
congressional committees on--
(A) the number of extensions granted under section
4121(d)(1)(B) of title 5, United States Code, as added
by subsection (a) of this section; and
(B) the number of individuals completing the
requirements of section 4121(d)(1)(A) of title 5,
United States Code, as added by subsection (a) of this
section.
(c) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Director of the Office of Personnel Management shall
prescribe regulations under section 4121(e) of title 5, United States
Code, as added by subsection (a) of this section.
(d) Effective Date and Application.--
(1) In general.--The amendments made by this section shall
take effect 1 year after the date of enactment of this Act and
apply to--
(A) each individual appointed to the position of a
supervisor, as defined under section 4121(a) of title
5, United States Code (as added by subsection (a) of
this section), on or after that effective date; and
(B) each individual who is employed in the position
of a supervisor on that effective date as provided
under paragraph (2).
(2) Supervisors on effective date.--Each individual who is
employed in the position of a supervisor on the effective date
of this section and is not subject to an extension under
section 4121(d)(1)(B) of title 5, United States Code (as added
by subsection (a) of this section) shall be required to--
(A) complete each program established under section
4121(b)(2) of title 5, United States Code (as added by
subsection (a) of this section), not later than 3 years
after the effective date of this section; and
(B) complete programs every 3 years thereafter in
accordance with section 4121(d) (2) and (3) of that
title (as added by subsection (a) of this section).
SEC. 3. MANAGEMENT COMPETENCIES.
(a) In General.--Chapter 43 of title 5, United States Code, is
amended--
(1) by redesignating section 4305 as section 4306; and
(2) inserting after section 4304 the following:
``Sec. 4305. Management competencies
``(a) In this section, the term `supervisor' means--
``(1) a supervisor as defined under section 7103(a)(10);
``(2) a management official as defined under section
7103(a)(11); and
``(3) any other employee as the Director of the Office of
Personnel Management may by regulation prescribe.
``(b) The Director of the Office of Personnel Management shall
issue guidance to agencies on competencies supervisors are expected to
meet in order to effectively manage, and be accountable for managing,
the performance of employees.
``(c) Based on guidance issued under subsection (b) and on any
additional competencies developed by an agency, each agency shall
assess the performance of the supervisors and the overall capacity of
the supervisors in that agency.
``(d) Every year, or on any basis requested by the Director of the
Office of Personnel Management, each agency shall submit a report to
the Office of Personnel Management on the progress of the agency in
implementing this section, including measures used to assess program
effectiveness.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
43 of title 5, United States Code, is amended by striking the
item relating to section 4305 and inserting the following:
``4305. Management competencies.
``4306. Regulations.''.
(2) Reference.--Section 4304(b)(3) of title 5, United
States Code, is amended by striking ``section 4305'' and
inserting ``section 4306''. | Federal Supervisor Training Act of 2011 - Expands requirements relating to specific training programs for federal agency supervisors by requiring the head of each federal agency to establish: (1) a program to train supervisors in carrying out their duties, including mentoring and motivating employees, fostering a employee-friendly work environment, and effectively managing employees with unacceptable performance ratings; (2) a program to train supervisors on prohibited personnel practices. employee collective bargaining and union participation rights, and the procedures and processes used to enforce employee rights; and (3) a program under which experienced supervisors mentor new supervisors.
Requires: (1) the Director of the Office of Personnel Management (OPM) to issue guidance to federal agencies on competencies supervisors are expected to meet in order to effectively manage, and be accountable for managing, the performance of employees; and (2) each agency to assess the performance of its supervisors and the overall capacity of its supervisors, based on such guidance. | {"src": "billsum_train", "title": "A bill to provide for mandatory training for Federal Government supervisors and the assessment of management competencies."} | 1,871 | 200 | 0.623516 | 1.764358 | 0.888408 | 4.308108 | 9.740541 | 0.935135 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Health Information Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) A report by the General Accounting Office indicates
that the Department and Health and Human Services, which is
responsible for providing health information to the public,
lacks an overall strategy for providing such information to
women.
(2) Such Department has no overall strategy to ensure that
the most needed and useful health information is distributed to
the public.
(3) Health information activities of the Department are
left to the discretion of the agencies of the Public Health
Service, each of which largely plans the production and
dissemination of information independently of the other
agencies of the Service.
(4) Even when health information for the public is produced
and disseminated by the Department, it is not always easily
accessible to the public.
(5) With respect to health information, the agencies of
such Department cannot determine whether the efforts of the
agencies are appropriately targeted to raise women's awareness
and increase their knowledge about conditions that confront
them.
SEC. 3. INTERAGENCY COMMITTEE ON HEALTH COMMUNICATIONS.
(a) In General.--The Secretary of Health and Human Services shall
establish an Interagency Committee on Health Communications (in this
section referred to as the ``Committee'').
(b) Duties.--
(1) In general.--The Committee shall provide advice to the
Secretary of Health and Human Services on developing,
overseeing, and coordinating Federal promotion and education
activities, including such activities within the Public Health
Service.
(2) Women's health.--In carrying out paragraph (1), the
Committee shall give priority to carrying activities regarding
women's health.
(c) Chair.--The Committee shall be chaired by the Assistant
Secretary for Health.
(d) Composition.--
(1) In general.--Subject to paragraph (2), the Committee
shall be composed of one representative from each agency with
authority to speak for the agency, in order to address
activities and goal-setting with regard to communications
specific to women's health. Decisions shall be implemented
either individually or collectively as required.
(2) Women's health.--The Director of the Office of Women's
Health at the Public Health Service shall serve as a member of
the Committee to ensure that the efforts of the Committee and
the Public Health Service reflect pertinent recommendations and
objectives to improve women's health.
(e) Meetings.--
(1) In general.--The Committee shall, as appropriate, meet
not fewer than 4 times a year in order to promote
collaboration, enhance cooperation, and develop effective
strategies in this effort.
(2) Annual forum.--The Assistant Secretary for Health shall
convene a forum once a year to hear testimony by interested
public and private individuals and organizations regarding
priorities for areas of women's health, and shall respond to
the testimony and make recommendations regarding the testimony.
(f) Report.--The Assistant Secretary of Health shall issue a yearly
report on the progress of the Committee's efforts to establish a
coordinated strategy of health promotion and disease prevention
activities at the Public Health Service.
SEC. 4. DISSEMINATION EFFORTS OF WOMEN'S HEALTH INFORMATION WITHIN
PUBLIC HEALTH SERVICE.
(a) Clearinghouse on Women's Health.--The Assistant Secretary for
Health shall establish the Clearinghouse on Women's Health to compile,
archive, and disseminate information concerning women's health and to
publish a yearly summary of such materials to be made available upon
request.
(b) Other Activities.--
(1) In general.--The Secretary of Health and Human Services
may make a grant, or enter into a contract with one or more
organizations representing women--
(A) to make available information concerning
Federal programs, services, informational resources,
and benefits related to women's health;
(B) establish a toll-free hotline; and
(C) assess demand for publications and costs on an
annual basis, and develop publications as needed.
(2) Fees regarding toll-free hotline.--The Clearinghouse
may, as necessary, charge an appropriate fee for information
provided by the toll-free hotline. Exceptions shall be made for
individuals or organizations that are financially unable to pay
such fees.
(c) Advertising Campaign.--The Secretary of Health and Human
Services shall conduct an outreach and advertising campaign to women
and health professionals regarding the existence of the clearinghouse
and the toll-free number.
(d) 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 1994 through 1999.
SEC. 5. STUDY ON EFFECTIVENESS OF HEALTH COMMUNICATIONS.
The Secretary of Health and Human Services shall convene a study of
the Agency for Health Care Policy and Research to evaluate the overall
effectiveness of health communications, including the efficacy of
existing policies and techniques utilized by the Public Health Service
to develop and disseminate such information. The study shall involve
evaluation of effort, mode, use of toll-free numbers, and assessment of
organization and competency. The study shall also include an analysis
of efforts regarding reaching underserved populations. The Agency for
Health Care Policy and Research shall make recommendations to the
Assistant Secretary for Health on the most effective strategy for
reaching the public and presenting health communications. | Women's Health Information Act of 1993 - Directs the Secretary of Health and Human Services to establish an Interagency Committee on Health Communications to provide advice to the Secretary on developing, overseeing, and coordinating Federal health promotion and education activities, including such activities within the Public Health Service. Requires the Committee to give priority to activities concerning women's health.
Provides for the establishment of a Clearinghouse on Women's Health to compile and disseminate information concerning women's health. | {"src": "billsum_train", "title": "Women's Health Information Act of 1993"} | 1,183 | 110 | 0.671791 | 1.590604 | 1.240498 | 4.674157 | 12.269663 | 0.94382 |
SECTION 1. SHORT TITLE; REFERENCES TO THE NORTHWEST ATLANTIC FISHERIES
CONVENTION ACT OF 1995.
(a) Short Title.--This Act may be cited as the ``Northwest Atlantic
Fisheries Convention Amendments Act''.
(b) References to the Northwest Atlantic Fisheries Convention Act
of 1995.--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 Northwest
Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.).
SEC. 2. REPRESENTATION OF THE UNITED STATES UNDER CONVENTION.
Section 202 (16 U.S.C. 5601) is amended--
(1) in subsection (a)(1), by striking ``General Council and
the Fisheries'';
(2) in subsection (b)(1), by striking ``at a meeting of the
General Council or the Fisheries Commission'';
(3) in subsection (b)(2), by striking ``, at any meeting of
the General Council or the Fisheries Commission for which the
Alternate Commissioner is designated'';
(4) in subsection (d)(1), by striking ``at a meeting of the
Scientific Council'';
(5) in subsection (d)(2), by striking ``, at any meeting of
the Scientific Council for which the Alternative Representative
is designated''; and
(6) in subsection (f)(1)(A), by striking ``Magnuson Act''
and inserting ``Magnuson-Stevens Fishery Conservation and
Management Act''.
SEC. 3. REQUESTS FOR SCIENTIFIC ADVICE.
Section 203 (16 U.S.C. 5602) is amended--
(1) in subsection (a)--
(A) by striking ``The Representatives may'' and
inserting ``A Representative may'';
(B) by striking ``described in subsection (b)(1) or
(2)'' and inserting ``described in paragraph (1) or (2)
of subsection (b)''; and
(C) by striking ``the Representatives have'' and
inserting ``the Representative has'';
(2) by striking ``VII(1)'' each place it appears and
inserting ``VII(10)(b)''; and
(3) in subsection (b)(2), by striking ``VIII(2)'' and
inserting ``VII(11)''.
SEC. 4. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION.
Section 204 (16 U.S.C. 5603) is amended by striking ``Fisheries
Commission'' each place it appears and inserting ``Commission
consistent with the procedures detailed in Articles XIV and XV of the
Convention''.
SEC. 5. INTERAGENCY COOPERATION.
Section 205(a) (16 U.S.C. 5604(a)) is amended to read as follows:
``(a) Authorities of the Secretary.--In carrying out the provisions
of the Convention and this title, the Secretary may arrange for
cooperation with--
``(1) any department, agency, or instrumentality of the
United States;
``(2) a State;
``(3) a Council; or
``(4) a private institution or an organization.''.
SEC. 6. PROHIBITED ACTS AND PENALTIES.
Section 207 (16 U.S.C. 5606) is amended--
(1) by striking ``Magnuson Act'' each place it appears and
inserting ``Magnuson-Stevens Fishery Conservation and
Management Act''; and
(2) by striking ``fish'' each place it appears and
inserting ``fishery resources''.
SEC. 7. CONSULTATIVE COMMITTEE.
Section 208 (16 U.S.C. 5607) is amended--
(1) in subsection (b)(2), by striking ``two'' and inserting
``2''; and
(2) in subsection (c), by striking ``General Council or the
Fisheries'' each place it appears.
SEC. 8. DEFINITIONS.
Section 210 (16 U.S.C. 5609) is amended to read as follows:
``SEC. 210. DEFINITIONS.
``In this title:
``(1) 1982 convention.--The term `1982 Convention' means
the United Nations Convention on the Law of the Sea of 10
December 1982.
``(2) Authorized enforcement officer.--The term `authorized
enforcement officer' means a person authorized to enforce this
title, any regulation issued under this title, or any measure
that is legally binding on the United States under the
Convention.
``(3) Commission.--The term `Commission' means the body
provided for by Articles V, VI, XIII, XIV, and XV of the
Convention.
``(4) Commissioner.--The term `Commissioner' means a United
States Commissioner to the Northwest Atlantic Fisheries
Organization appointed under section 202.
``(5) Convention.--The term `Convention' means the
Convention on Future Multilateral Cooperation in the Northwest
Atlantic Fisheries, done at Ottawa on October 24, 1978, and as
amended on September 28, 2007.
``(6) Convention area.--The term `Convention Area' means
the waters of the Northwest Atlantic Ocean north of 3500' N
and west of a line extending due north from 3500' N and 4200'
W to 5900' N, thence due west to 4400' W, and thence due
north to the coast of Greenland, and the waters of the Gulf of
St. Lawrence, Davis Strait and Baffin Bay south of 7810' N.
``(7) Council.--The term `Council' means the New England
Fishery Management Council or the Mid-Atlantic Fishery
Management Council.
``(8) Fishery resources.--
``(A) In general.--The term `fishery resources'
means all fish, mollusks, and crustaceans within the
Convention Area.
``(B) Exclusions.--The term `fishery resources'
does not include--
``(i) sedentary species over which coastal
States may exercise sovereign rights consistent
with Article 77 of the 1982 Convention; or
``(ii) in so far as they are managed under
other international treaties, anadromous and
catadromous stocks and highly migratory species
listed in Annex I of the 1982 Convention.
``(9) Fishing activities.--
``(A) In general.--The term `fishing activities'
means harvesting or processing fishery resources, or
transhipping of fishery resources or products derived
from fishery resources, or any other activity in
preparation for, in support of, or related to the
harvesting of fishery resources.
``(B) Inclusions.--The term `fishing activities'
includes--
``(i) the actual or attempted searching for
or catching or taking of fishery resources;
``(ii) any activity that can reasonably be
expected to result in locating, catching,
taking, or harvesting of fishery resources for
any purpose; and
``(iii) any operation at sea in support of,
or in preparation for, any activity described
in this paragraph.
``(C) Exclusions.--The term `fishing activities'
does not include any operation related to emergencies
involving the health and safety of crew members or the
safety of a vessel.
``(10) Fishing vessel.--
``(A) In general.--The term `fishing vessel' means
a vessel that is or has been engaged in fishing
activities.
``(B) Inclusions.--The term `fishing vessel'
includes a fish processing vessel or a vessel engaged
in transshipment or any other activity in preparation
for or related to fishing activities, or in
experimental or exploratory fishing activities.
``(11) Organization.--The term `Organization' means the
Northwest Atlantic Fisheries Organization provided for by
Article V of the Convention.
``(12) Person.--The term `person' means any individual
(whether or not a citizen or national of the United States),
and any corporation, partnership, association, or other entity
(whether or not organized or existing under the laws of any
State).
``(13) Representative.--The term `Representative' means a
United States Representative to the Northwest Atlantic
Fisheries Scientific Council appointed under section 202.
``(14) Scientific council.--The term `Scientific Council'
means the Scientific Council provided for by Articles V, VI,
and VII of the Convention.
``(15) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``(16) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and any
other commonwealth, territory, or possession of the United
States.
``(17) Transshipment.--The term `transshipment' means the
unloading of all or any of the fishery resources on board a
fishing vessel to another fishing vessel either at sea or in
port.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 211 (16 U.S.C. 5610) is amended--
(1) by striking ``XVI'' and inserting ``IX''; and
(2) by striking ``through fiscal year 2012''.
SEC. 10. QUOTA ALLOCATION PRACTICE.
Section 213 (16 U.S.C. 5612) is repealed. | . Northwest Atlantic Fisheries Convention Amendments Act (Sec. 2) This bill permanently reauthorizes and amends the Northwest Atlantic Fisheries Convention Act of 1995, which provides for: (1) the implementation of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done in Ottawa on October 24, 1978 (1978 Convention); and (2) the management and conservation of fish in the convention area (specified waters in the Northwest Atlantic Ocean). The Convention on Cooperation in the Northwest Atlantic Fisheries, which was adopted in Lisbon on September 28, 2007, is implemented as well. The 2007 Convention amends the 1978 Convention. (Sec. 8) The bill applies to all fish, mollusks, and crustaceans within the convention area, excluding: (1) sedentary species over which coastal states may exercise sovereign rights consistent with the United Nations Convention on the Law of the Sea of 10 December 1982 (1982 Convention), and (2) anadromous and catadromous stocks and highly migratory species managed under other international treaties and listed in the 1982 Convention. The bill also applies to vessels engaged in fishing activities, including fish harvesting vessels, fish processing vessels, vessels engaged in transshipment of fishery resources, and vessels engaged in experimental or exploratory fishing activities. (Sec. 10) The bill repeals provisions requiring the National Oceanic and Atmospheric Administration to establish and report on a new quota allocation practice. | {"src": "billsum_train", "title": "Northwest Atlantic Fisheries Convention Amendments Act"} | 2,211 | 311 | 0.495165 | 1.321081 | 0.658012 | 3.08209 | 7 | 0.865672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Perkins Modernization Act of 2014''.
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 ``high skill, high wage,
or high demand occupations in current or emerging professions''
and inserting ``employment in current or emerging in-demand
industry sectors or occupations'';
(2) by striking ``and'' at the end of paragraph (6); and
(3) 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.
``(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.--
``(A) In general.--The term `in-demand industry
sector or occupation' means an industry sector or
occupation that--
``(i) has or is projected to have a
substantial role or a positive economic impact
in the economy of the area served by an
eligible institution;
``(ii) provides workers with jobs that lead
to economic self-sufficiency and opportunities
for advancement; and
``(iii) is documented in labor market
information collected by State agencies,
Federal agencies, workforce investment boards,
or other third-party organizations engaged in
labor market research.
``(B) Determination.--The determination of whether
an industry sector or occupation is an in-demand
industry sector or occupation under this paragraph
shall be made using State, local, regional, or national
labor market information collected by State agencies,
Federal agencies, local entities, workforce investment
boards, or other third-party organizations engaged in
labor market research. Industry sectors and occupations
may be identified as in-demand on a current or an
emerging basis, as labor market information may
describe current workforce demographics and may also
identify projected labor market trends.''.
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 ``high skill, high wage, or high demand occupations
in current or emerging 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)--
(A) by striking ``high skill, high wage occupations
(including those in which mathematics and science
skills are critical)''; and
(B) by inserting ``in-demand industry sectors or
occupations'' after ``employment in''; and
(2) in paragraph (4)(A)(i)(V)--
(A) by striking ``high skill, high wage, or high
demand business and industry''; and
(B) by inserting ``in-demand industry sectors or
occupations'' after `` occupations in''.
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 in paragraphs (1),
(3), and (4) by striking ``high skill, high wage, or high demand
occupations and non-traditional fields'' each place it appears 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)--
(i) by striking ``entry into high skill,
high wage, or high demand occupations in
current or emerging occupations''; and
(ii) by inserting ``for employment in in-
demand industry sectors or occupations'' after
``or''; and
(C) in subparagraph (I)(iii)--
(i) by striking ``high skill, high wage, or
high demand occupations''; and
(ii) by inserting ``in-demand industry
sectors or occupations'' after ``in'';
(2) in paragraph (4), by inserting ``or into employment in
an in-demand industry sector or occupation'' after
``institutions of higher education'';
(3) in paragraph (9)(C)--
(A) by striking ``high skill, high wage, or high
demand occupations''; and
(B) by inserting ``employment in an in-demand
industry sector or occupation'' after ``further
learning and for''; and
(4) in paragraph (18)--
(A) by striking ``high skill, high wage, or high
demand occupations and non-traditional fields''; and
(B) by inserting ``employment in in-demand industry
sectors or occupations'' after ``for''.
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)--
(i) by striking ``high skill, high wage, or
high demand occupations''; and
(ii) by inserting ``employment in in-demand
industry sectors or occupations'' after
``for'';
(B) in paragraph (2)(C), by inserting ``,
equipment,'' after ``internships'';
(C) in paragraph (5)--
(i) by striking ``high skill, high wage
occupations''; and
(ii) by inserting ``employment
opportunities in in-demand industry sectors or
occupations'' after ``to'';
(D) in paragraph (8)--
(i) by striking ``high skill, high wage, or
high demand''; and
(ii) by inserting ``employment in in-demand
industry sectors or'' after ``to''; and
(E) by inserting after paragraph (9) the following:
``(10) 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 post-
secondary credentials'' after ``degree''; and
(ii) in subparagraph (B)--
(I) by striking ``high skill, high
wage occupations and non-traditional
fields''; and
(II) by inserting ``employment
opportunities in in-demand industry
sectors or occupations and supporting
students in the pursuit of internships
and opportunities for experiential
learning'' after ``to''; and
(B) in paragraph (9)--
(i) by striking ``high skill, high wage, or
high demand occupations''; and
(ii) by inserting ``employment
opportunities in in-demand industry sectors or
occupations'' after ``for''.
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
``high skill, high wage, or high demand'' and inserting ``employment
opportunities 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)--
(A) by striking ``high skill, high wage, or high
demand''; and
(B) by inserting ``employment opportunities in in-
demand industry sectors or'' after ``for''; and
(2) in subsection (c)(12)--
(A) by striking ``high skill, high wage, or high
demand''; and
(B) by inserting ``employment opportunities in in-
demand industry sectors or'' after ``technically for''. | Perkins Modernization Act of 2014 - Amends the Carl D. Perkins 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: (1) preparing those students for employment in current or emerging in-demand industry sectors or occupations; (2) aligning the skills, certifications, and credentials of the students with those needed by employers in the labor markets served by educational institutions; and (3) ensuring that the selection of skills, certifications, and credentials acquired by such students is guided by timely labor market information. Defines "in-demand industry sector or occupation" to mean an industry sector or occupation that: (1) has or is projected to have a substantial role or a positive economic impact in the economy of the area served by an eligible institution; (2) provides workers with jobs that lead to economic self-sufficiency and opportunities for advancement; and (3) is documented in labor market information collected by state and federal agencies, workforce investment boards, or other third-party organizations. | {"src": "billsum_train", "title": "Perkins Modernization Act of 2014"} | 2,119 | 249 | 0.761908 | 2.333846 | 0.855313 | 4.290043 | 8.212121 | 0.930736 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Oceanic and Atmospheric
Administration Authorization Act of 1994''.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term--
(1) ``Act of 1890'' means the Act entitled ``An Act to
increase the efficiency and reduce the expenses of the Signal
Corps of the Army, and to transfer the Weather Bureau of the
Department of Agriculture'', approved October 1, 1890 (26 Stat.
653); and
(2) ``Act of 1947'' means the Act entitled ``An Act to
define the functions and duties of the Coast and Geodetic
Survey, and for other purposes'', approved August 6, 1947 (33
U.S.C. 883a et seq.).
TITLE I--NOAA ATMOSPHERIC AND SATELLITE PROGRAMS
SEC. 101. NATIONAL WEATHER SERVICE OPERATIONS AND RESEARCH.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out the operations and research activities of the National
Weather Service under law, $526,277,000 for fiscal year 1995. Moneys
appropriated pursuant to this authorization shall be used to fund those
activities relating to National Weather Service operations and research
specified by the Act of 1890, the Act of 1947, and any other law
involving such activities. Such activities include meteorological,
hydrological, and oceanographic public warnings and forecasts, as well
as applied research in support of such warnings and forecasts.
SEC. 102. PUBLIC WARNING AND FORECAST SYSTEMS.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to improve its public warning and forecast systems under law,
$160,599,000 for fiscal year 1995. Moneys appropriated pursuant to this
authorization shall be used to fund those activities relating to public
warning and forecast systems specified by the Act of 1890, the Act of
1947, and any other law involving such activities. Such activities
include the development, acquisition, and implementation of major
public warning and forecast systems.
SEC. 103. CLIMATE AND AIR QUALITY RESEARCH.
(a) In General.--There are authorized to be appropriated to the
Secretary of Commerce, to enable the National Oceanic and Atmospheric
Administration to carry out its climate and air quality research
activities under law, $139,023,000 for fiscal year 1995. Moneys
appropriated pursuant to this authorization shall be used to fund those
activities relating to climate and air quality research specified by
the Act of 1890, the Act of 1947, and any other law involving such
activities. Such activities include interannual and seasonal climate
research, long-term climate and air quality research, high performance
computing, elementary education programs to augment global observation
systems, and the National Climate Program.
(b) Climate and Global Change.--Of the sums authorized under
subsection (a), $84,012,000 for fiscal year 1995 are authorized to be
appropriated for the purposes of studying climate and global change.
Such program shall augment and integrate existing programs of the
National Oceanic and Atmospheric Administration and shall include
global observations, monitoring, and data and information management
relating to the study of changes in the Earth's climatic system,
fundamental research on critical oceanic and atmospheric processes, and
climate prediction and diagnostics.
SEC. 104. ATMOSPHERIC RESEARCH.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out its atmospheric research activities under law, $47,020,000
for fiscal year 1995. Money appropriated pursuant to this authorization
shall be used to fund those activities relating to atmospheric research
specified by the Act of 1890 and by any other law involving such
activities. Such activities include research for developing improved
observation and prediction capabilities for atmospheric processes, as
well as solar-terrestrial services and research.
SEC. 105. SATELLITE OBSERVING SYSTEMS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Commerce, to enable the National Oceanic and Atmospheric
Administration to carry out its satellite observing systems activities
under law, $366,201,000 for fiscal year 1995. Moneys appropriated
pursuant to this authorization shall be used to fund those activities
relating to data and information services specified by the Act of 1890
and by any other law involving such activities. Such activities include
spacecraft procurement, launch, and associated ground station system
changes involving polar orbiting and geostationary environmental
satellites and land remote-sensing satellites, as well as the operation
of such satellites.
SEC. 106. DATA AND INFORMATION SYSTEMS.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out its data and information services activities under law,
$35,087,000 for fiscal year 1995. Moneys appropriated pursuant to this
authorization shall be used to fund those activities relating to data
and information services specified by the Act of 1890 and by any other
law involving such activities. Such activities include climate data
services, ocean data services, geophysical data services, environmental
data services, and information services.
TITLE II--NOAA OCEAN AND COASTAL PROGRAMS
SEC. 201. NATIONAL OCEAN SERVICE.
(a) Mapping, Charting, and Geodesy.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the National
Oceanic and Atmospheric Administration to carry out mapping, charting,
and geodesy activities (including geodetic data collection and
analysis) under the Act of 1947 and any other law involving those
activities, $54,012,000 for fiscal year 1995.
(b) Observation and Assessment.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the National
Oceanic and Atmospheric Administration to carry out observation and
assessment activities--
(1) under the Act of 1947 and any other law involving those
activities, $68,546,000 for fiscal year 1995; and
(2) under title II of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1441 et seq.) $13,000,000
for fiscal year 1995.
(c) Coastal Ocean Program.--Of the sums authorized under subsection
(b)(1), $11,433,000 for fiscal year 1995 are authorized to be
appropriated for the purposes of conducting a Coastal Ocean Program.
Such program shall augment and integrate existing programs of the
National Oceanic and Atmospheric Administration and shall include
efforts to improve predictions of fish stocks to better conserve and
manage living marine resources, to improve predictions of coastal ocean
pollution to help correct and prevent degradation, and to improve
predictions of coastal hazards to protect human life and personal
property.
SEC. 202. OCEAN AND GREAT LAKES RESEARCH.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out ocean and Great Lakes research activities under the Act of
1947, the Act of 1890, and any other law involving those activities,
$18,527,000 for fiscal year 1995.
SEC. 203. UNDERSEA RESEARCH.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out its undersea research activities under law, $18,000,000
for fiscal year 1995. Moneys appropriated pursuant to this
authorization shall only be used to fund the ongoing operations of
existing undersea research centers.
TITLE III--NOAA MARINE FISHERY PROGRAMS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
The National Oceanic and Atmospheric Administration Marine
Fisheries Program Authorization Act (Public Law 98-210; 97 Stat. 1409)
is amended--
(1) in section 2(a)--
(A) by striking ``and'' immediately after ``1992''
and inserting a comma; and
(B) by inserting immediately before the period at
the end ``, $51,092,000 for fiscal year 1995'';
(2) in section 3(a)--
(A) by striking ``and'' immediately after ``1992''
and inserting a comma; and
(B) by inserting immediately before the period at
the end ``, $14,198,000 for fiscal year 1995''; and
(3) in section 4(a)--
(A) by striking ``and'' immediately after ``1992''
and inserting a comma; and
(B) by inserting immediately before the period at
the end ``, $17,089,000 for fiscal year 1995''.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. PROGRAM SUPPORT.
(a) Executive Direction and Administrative Activities.--
(1) There are authorized to be appropriated to the
Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out executive direction and
administrative activities (including management, administrative
support, provision of retired pay of National Oceanic and
Atmospheric Administration commissioned officers, and policy
development) under the Act entitled ``An Act to clarify the
status and benefits of commissioned officers of the National
Oceanic and Atmospheric Administration, and for other
purposes'', approved December 31, 1970 (33 U.S.C. 857-1 et
seq.), and any other law involving those activities,
$81,944,000 for fiscal year 1995.
(2) Of the sums authorized under this subsection $1,000,000
is authorized to be appropriated for the purpose of conducting
the study under section 404.
(b) Acquisition, Construction, Maintenance, and Operation of
Facilities.--There are authorized to be appropriated to the Secretary
of Commerce, for acquisition, construction, maintenance, and operation
of facilities of the National Oceanic and Atmospheric Administration
under any law involving those activities, $100,000,000 for fiscal year
1995.
(c) Marine Services.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out marine services activities
(including ship operations, maintenance, and support) under the Act of
1947 and any other law involving those activities, $62,599,000 for
fiscal year 1995.
(d) Aircraft Services.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out aircraft services activities
(including aircraft operations, maintenance, and support) under the Act
of 1890 and any other law involving those activities, $14,680,000 for
fiscal year 1995.
SEC. 402. CONVEYANCE OF NATIONAL MARINE FISHERIES SERVICE LABORATORY AT
GLOUCESTER, MASSACHUSETTS.
(a) Conveyance Required.--
(1) In general.--The Secretary of Commerce shall convey to
the Commonwealth of Massachusetts, all right, title, and
interest of the United States in and to the property comprising
the National Marine Fisheries Service laboratory located on
Emerson Avenue in Gloucester, Massachusetts.
(2) Terms.--A conveyance of property under paragraph (1)
shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions specified
under subsections (b) and (c).
(b) Conditions for Transfer.--
(1) In general.--As a condition of any conveyance of
property under this section, the Commonwealth of Massachusetts
shall assume full responsibility for maintenance of the
property for as long as the Commonwealth retains the right and
title to that property.
(2) Continued use of property by nmfs.--The Secretary may
enter into a memorandum of understanding with the Commonwealth
of Massachusetts under which the National Marine Fisheries
Service is authorized to occupy existing laboratory space on
the property conveyed under this section, if--
(A) the term of the memorandum of understanding is
for a period of not longer than 5 years beginning on
the date of enactment of this Act; and
(B) the square footage of the space to be occupied
by the National Marine Fisheries Service does not
conflict with the needs of, and is agreeable to, the
Commonwealth of Massachusetts.
(c) Reversionary Interest.--All right, title, and interest in and
to all property conveyed under this section shall revert to the United
States on the date on which the Commonwealth of Massachusetts uses any
of the property for any purpose other than the Commonwealth of
Massachusetts Division of Marine Fisheries resource management program.
SEC. 403. REIMBURSEMENT OF EXPENSES.
(a) In General.--Notwithstanding section 3302(b) and (c) of title
31, United States Code, and subject to subsection (b) all amounts
received by the United States in settlement of, or judgment for, damage
claims arising from the October 9, 1992, allision of the vessel ZACHERY
into the National Oceanic and Atmospheric Administration research
vessel DISCOVERER--
(1) shall be retained as an offsetting collection in the
Fleet Modernization, Shipbuilding, and Conversion account of
the National Oceanic and Atmospheric Administration;
(2) shall be deposited in that account upon receipt by the
United States Government; and
(3) shall be available only for obligation for National
Oceanic and Atmospheric Administration vessel repairs.
(b) Limitation.--Not more than $518,757.09 of the amounts referred
to in subsection (a) may be deposited into the Fleet Modernization,
Shipbuilding, and Conversion account pursuant to this section.
SEC. 404. STUDY OF NOAA CORPS.
Within 90 days of the date of enactment of this Act, the Secretary
of Commerce shall contract with the National Research Council to
examine and report to the Secretary and the Congress on the
responsibilities and activities of the National Oceanic and Atmospheric
Administration Corps (hereinafter referred to as the ``Corps'') in
supporting the missions of the National Oceanic and Atmospheric
Administration. In particular, the study shall--
(1) examine future requirements for a uniformed service in
operating the fleet and aircraft of the National Oceanic and
Atmospheric Administration, conducting hydrographic surveys,
managing national marine sanctuaries, conducting oceanic and
atmospheric research, and carrying out other responsibilities
and activities of the National Oceanic and Atmospheric
Administration.
(2) examine the role of the Corps in the fleet replacement
and modernization program;
(3) evaluate and compare the costs of services provided by
the Corps and civilian employees in similar positions; and
(4) assess the availability of trained civilian employees
to carry out identified activities in a cost effective manner
that are currently the responsibility of the Corps.
SEC. 405. WEATHER REPORTING STATIONS FOR PRINCE WILLIAM SOUND.
(a) Installation.--To provide more comprehensive weather
information to ensure the safety of fishermen and tank vessels and to
protect the resources of Prince William Sound from potential oil
spills, the Secretary of Commerce may expend $340,000 to acquire,
construct, and install weather reporting stations in Prince William
Sound, Alaska, as follows:
(1) In the vicinity of Seal Rocks, to acquire and install a
weather buoy capable of measuring and reporting wind speed and
direction, barometric pressure, wave height and period, and air
temperature.
(2) On the existing tower at Bligh Reef, to acquire and
install a weather instrument capable of measuring and reporting
wind speed and direction.
(3) At Potato Point, to relocate the existing anemometer to
a more exposed location in order to provide more accurate
information.
(4) At the Hinchinbrook Lighthouse site, to acquire and
install an anemometer.
(b) Maintenance.--The Secretary of Commerce may expend $160,000 in
each of fiscal years 1995 and 1996 to maintain the equipment identified
in subsection (a).
SEC. 406. CONTRACTOR ACTIVITIES.
Activities of the contractor, including the purchase,
transportation, receiving, and installation of property and materials,
on behalf of the National Oceanic and Atmospheric Administration
pursuant to the modernization of the National Weather Service as set
forth in Public Law 102-567, are hereby expressly exempted from
taxation in any manner of form by any State, county, municipality, or
any subdivision thereof.
SEC. 407. CLEANUP OF NOAA FACILITIES.
(a) Section 201 of the Act of November 2, 1966 (Public Law 89-702;
80 Stat. 1091), formerly known as the Fur Seal Act of 1966, (16 U.S.C.
1161), is amended by adding at the end the following sentence: ``To the
maximum extent feasible, the Secretary shall carry out his duties under
this Act through contracts, compacts, or memoranda of agreement with
the entities on the Pribilof Islands entitled to receive conveyance of
lands by this Act.''.
(b) Section 205 of that Act is amended by adding at the end the
following new subsection:
``(h) The Secretary is authorized to clean up the dumps, debris,
storage tanks, property, hazardous conditions, and contaminants which
the Federal Government abandoned or conveyed to entities of the
Pribilof Islands. The Secretary is authorized to execute contracts or
agreements, including agreements on a reimbursable basis with the State
of Alaska or local governments, and to provide financial and technical
assistance and training requested by said entities, in order to obtain
their services in carrying out any of the Secretary's responsibilities
under this Act.''.
S 2432 IS----2 | TABLE OF CONTENTS:
Title I: NOAA Atmospheric and Satellite Programs
Title II: NOAA Ocean and Coastal Programs
Title III: NOAA Marine Fishery Programs
Title IV: Miscellaneous Provisions
National Oceanic and Atmospheric Administration Authorization Act of 1994 -
Title I: NOAA Atmospheric and Satellite Programs
- Authorizes appropriations for FY 1995 to the Secretary of Commerce to enable the National Oceanic and Atmospheric Administration (NOAA) to improve its public warning and forecast systems and to carry out: (1) the operations and research activities of the National Weather Service; (2) its climate and air quality research activities, including the study of climate and global change; (3) its atmospheric research activities; (4) its satellite observing systems activities; and (5) its data and information services activities.
Title II: NOAA Ocean and Coastal Programs
- Authorizes appropriations for FY 1995 to the Secretary to enable NOAA to carry out: (1) mapping, charting, and geodesy activities, including geodetic data collection and analysis; (2) observation and assessment activities; (3) a Coastal Ocean Program; (4) ocean and Great Lakes research activities; and (5) its undersea research activities.
Title III: NOAA Marine Fishery Programs
- Amends the National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act to authorize appropriations for FY 1995 to enable the National Marine Fisheries Service to carry out its duties relating to fisheries information collection and analysis, and fisheries conservation and management operations.
Title IV: Miscellaneous Provisions
- Authorizes appropriations for FY 1995 to the Secretary: (1) to enable NOAA to carry out executive direction and administrative activities and marine and aircraft services activities; and (2) for acquisition, construction, maintenance, and operation of NOAA facilities.
(Sec. 402) Requires the Secretary to convey to the Commonwealth of Massachusetts all U.S. interests in the National Marine Fisheries Service laboratory in Gloucester, Massachusetts.
(Sec. 403) Directs that all amounts received by the United States in settlement of, or judgment for, damage claims arising from the collision of the vessel Zachery into the NOAA research vessel Discoverer be retained as an offsetting collection in NOAA's Fleet Modernization, Shipbuilding, and Conversion account, be deposited in that account upon receipt by the Government, and be available only for obligation for NOAA vessel repairs.
(Sec. 404) Requires the Secretary to contract with the National Research Council to examine and report to the Secretary and the Congress on NOAA Corps responsibilities and activities in supporting the missions of NOAA.
(Sec. 405) Authorizes the Secretary to expend $340,000 to acquire, construct, and install weather reporting stations in Prince William Sound, Alaska, and $160,000 in each of FY 1995 and 1996 to maintain specified equipment.
(Sec. 406) Exempts activities of the contractor on behalf of NOAA pursuant to the modernization of the National Weather Service from taxation.
(Sec. 407) Amends the Fur Seal Act of 1966 to: (1) direct the Secretary to carry out his duties under the Act through contracts, compacts, or memoranda of agreement with the entities on the Pribilof Islands entitled to receive conveyance of lands by the Act; and (2) authorize the Secretary to clean up the dumps, debris, storage tanks, property, hazardous conditions, and contaminants which the Federal Government abandoned or conveyed to entities of the Islands. | {"src": "billsum_train", "title": "National Oceanic and Atmospheric Administration Authorization Act of 1994"} | 3,918 | 771 | 0.551864 | 1.880515 | 0.057147 | 4.361481 | 5.054815 | 0.924444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reemployment Tax Credit Act of
1998''.
SEC. 2. WORK OPPORTUNITY TAX CREDIT.
(a) Qualified Dislocated Workers Treated as Members of Targeted
Groups.--
(1) In general.--Paragraph (1) of section 51(d) of the
Internal Revenue Code of 1986 (relating to members of targeted
groups) is amended by striking ``or'' at the end of
subparagraph (G), by striking the period at the end of
subparagraph (H) and inserting ``, or'', and by adding at the
end the following new subparagraph:
``(I) a qualified dislocated worker.''.
(2) Qualified dislocated worker.--Section 51(d) of such
Code is amended by redesignating paragraphs (10), (11), and
(12) as paragraphs (11), (12), and (13), respectively, and by
inserting after paragraph (9) the following new paragraph:
``(10) Qualified dislocated worker.--
``(A) In general.--The term `qualified dislocated
worker' means any individual who is certified by the
designated local agency as--
``(i) being eligible for unemployment
compensation (within the meaning of section 85)
as a result of loss of employment at a work-
site located in an economic dislocation area,
``(ii) having a hiring date which is not
later than 90 days after the date on which the
individual becomes eligible for such
unemployment compensation, and
``(iii) being offered employment at a work-
site which is not more than 60 miles from the
previous work-site of the individual.
``(B) Certification of economic dislocation area.--
``(i) Certification.--Not later than 20
days after an application for certification of
a community as an economic dislocation area is
received by the Assistant Secretary of Economic
Development of the Department of Commerce under
clause (ii), the Assistant Secretary shall
certify whether or not the community is an
economic dislocation area as determined under
subparagraph (C) or (D).
``(ii) Application.--For purposes of clause
(i), the application for certification shall be
submitted by the Governor of the State (or the
Governor's designee) in which the community for
which certification is being sought is located
and shall be in such form and contain such
information as the Assistant Secretary may
require in order to determine whether the
community is an economic dislocation area.
``(C) Communities located in a metropolitan
statistical area.--Except as provided in subparagraph
(E), a community located in a metropolitan statistical
area (within the meaning of section 143(k)(2)(B)) shall
be certified as an economic dislocation area if the
community suffers actual or threatened permanent job
loss and--
``(i) in the case of a metropolitan
statistical area in which the unemployment rate
is greater than the national average, the job
loss in the community is equal to or greater
than the lesser of--
``(I) 0.5 percent of the employed
population in the community, or
``(II) 4,000, or
``(ii) in the case of a metropolitan
statistical area in which the unemployment rate
is equal to or less than the national average,
the job loss in the community is equal to or
greater than the lesser of--
``(I) 1 percent of the employed
population in the community, or
``(II) 8,000.
``(D) Communities not located in a metropolitan
statistical area.--Except as provided in subparagraph
(E), a community that is not located in a metropolitan
statistical area shall be certified as an economic
dislocation area if the community suffers actual or
threatened permanent job loss and--
``(i) if the unemployment rate of the Labor
Market Area in which the community is located
is greater than the national average, the job
loss in the community is equal to or greater
than the lesser of--
``(I) 2 percent of the employed
population in the community, or
``(II) 500, or
``(ii) if the unemployment rate of the
Labor Market Area in which the community is
located is equal to or less than the national
average, the job loss in the community is equal
to or greater than the lesser of--
``(I) 4 percent of the employed
population in the community, or
``(II) 1,000.
``(E) Required job loss percentage.--A community
shall not be certified under this paragraph as an
economic dislocation area unless at least--
``(i) 50 percent of the job loss in the
community is the result of the action of a
single employer, or
``(ii) 80 percent of such job loss occurs
in a single standard industry
classification.''.
(b) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
1998. | Reemployment Tax Credit Act of 1998 - Amends the Internal Revenue Act to extend the employer work opportunity tax credit to include qualified dislocated workers. | {"src": "billsum_train", "title": "Reemployment Tax Credit Act of 1998"} | 1,111 | 33 | 0.492349 | 1.170067 | 0.638937 | 2.5 | 40.307692 | 0.884615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Discriminatory State Taxes for
Automobile Renters Act of 2007''.
SEC. 2. PURPOSE.
The purpose of this Act is to prohibit prospectively, and provide a
remedy for tax discrimination by a State or Locality against the rental
of motor vehicles.
SEC. 3. DEFINITIONS.
(a) Assessment and Assessment Jurisdiction.--The term
``assessment'' means valuation for a property tax levied by a taxing
district. The term ``assessment jurisdiction'' means a geographical
area in a State or Locality used in determining the assessed value of
property for ad valorem taxation.
(b) Commercial and Industrial Property.--The term ``commercial and
industrial property'' means property, other than motor vehicle rental
property and land used primarily for agricultural purposes or timber
growing, devoted to a commercial or industrial use, and subject to a
property tax levy.
(c) Discriminatory Tax.--The term ``discriminatory tax'' includes
the following:
(1) A tax discriminates against the rental of motor
vehicles if a State or Locality imposes the tax on, or with
respect to--
(A) the rental of motor vehicles but not on, or
with respect to, the rental of more than 51 percent of
the rentals of other tangible personal property rented
within the State or Locality, or
(B) the rental of motor vehicles at a tax rate that
exceeds the tax rate generally applicable to at least
51 percent of the rentals of other tangible personal
property within the same State or Locality.
(2) A tax discriminates against the business of renting
motor vehicles if a State or Locality imposes the tax on, or
with respect to--
(A) the business of renting motor vehicles but not
on, or with respect to, the business of more than 51
percent of the other commercial and industrial
taxpayers within the State or Locality, on the same tax
base as the State or Locality employs with respect to
the business of renting motor vehicles, or
(B) the business of renting motor vehicles, at a
tax rate that exceeds the tax rate generally applicable
to the business of more than 51 percent of the other
commercial and industrial taxpayers within the State or
Local jurisdiction.
(3) A tax discriminates against motor vehicle rental
property if a State or Locality--
(A) assesses motor vehicle rental property at a
value that has a higher ratio to the true market value
of the property than the ratio that the assessed value
of other commercial and industrial property of the same
type in the same assessment jurisdiction has to the
true market value of the other commercial and
industrial property,
(B) levies or collects a tax on an assessment that
may not be made under subparagraph (A), or
(C) levies or collects an ad valorem property tax
on motor vehicle rental property at a tax rate that
exceeds the tax rate applicable to commercial and
industrial property in the same assessment
jurisdiction.
(d) Local or Locality.--The terms ``Local'' and ``Locality'' mean a
political subdivision of any State, or any governmental entity or
person acting on behalf of such Locality, and with the authority to
impose, levy or collect taxes.
(e) Motor Vehicle.--The term ``motor vehicle'' has the same meaning
as in section 13102(16) of title 49 of the United States Code.
(f) Other Commercial and Industrial Taxpayers.--The term ``other
commercial and industrial taxpayers'' means persons or entities who are
engaged in trade or business within a State or Locality and who are
subject to some form of taxation by a State or Locality.
(g) Rental of Motor Vehicles.--The term ``rental of motor
vehicles'' means the rental of a motor vehicle that is given by the
owner of the motor vehicle for exclusive use to another for not longer
than 180 days for valuable consideration and only includes the rental
of motor vehicles with a pre-arranged driver or motor vehicles without
a driver, but shall not include taxi cab service as defined by section
13102(20) of title 49 of the United States Code.
(h) State.--The term ``State'' means any of the several States, the
District of Columbia or any territory or possession of the United
States, or any governmental entity or person acting on behalf of such
State, and with the authority to impose, levy or collect taxes.
(i) Tax.--Except as otherwise specifically provided below, the term
``tax'' means any type of charge required by statute, regulation or
agreement to be paid or furnished to a State or Locality, regardless of
whether such charge is denominated as a tax, a fee, or any other type
of exaction. The term ``tax'' does not include any charge imposed by a
State or Locality with respect to a concession agreement at a
federally-assisted airport (provided the agreement does not violate the
revenue diversion provisions of section 40116(d) of title 49 of the
United States Code, or the registration, licensing, or inspection of
motor vehicles, if the charge is imposed generally with respect to
motor vehicles, without regard to whether such vehicles are used in the
business of renting motor vehicles within the State or Locality.
(j) Tax Base.--The term ``tax base'' means the receipts, income,
value, weight, or other measure of a tax to which the rate is applied.
The ``tax base'' of a tax imposed on a per unit basis is the unit.
(k) Tax Rate Generally Applicable to Other Commercial and
Industrial Taxpayers.--The term ``tax rate generally applicable to
other commercial and industrial taxpayers'' means the lower of--
(1) the tax rate imposed on the greatest number of other
commercial and industrial taxpayers or their customers, or
(2) the unweighted average rate at which the tax is
imposed.
SEC. 4. PROHIBITED ACTS.
No State or Locality may levy or collect a discriminatory tax on
the rental of motor vehicles, the business of renting motor vehicles,
or motor vehicle rental property.
SEC. 5. REMEDIES.
(a) Jurisdiction.--Notwithstanding any provision of section 1341 of
title 28, United States Code, or the constitution or laws of any State,
the district courts of the United States shall have jurisdiction,
without regard to amount in controversy or citizenship of the parties,
to grant such mandatory or prohibitive injunctive relief, interim
equitable relief, and declaratory judgments as may be necessary to
prevent, restrain or terminate any acts in violation of this Act,
except that such jurisdiction shall not be exclusive of the
jurisdiction which any Federal or State court may have in the absence
of this section.
(b) Burden of Proof.--The burden of proof in any proceeding brought
under this Act shall be upon the party seeking relief and shall be by a
preponderance of the evidence on all issues of fact.
(c) Relief.--In granting relief against a tax which is imposed in
violation of Section 4, the court shall strike the tax in its entirety,
unless the court finds the tax--
(1) is the equivalent of a specific tax imposed on at least
51 percent of other commercial and industrial taxpayers, and
(2) is not discriminatory in effect. If such tax is
discriminatory in effect with respect to tax rate or amount
only, the court shall strike only the discriminatory or
excessive portion of the tax as determined by the court.
Notwithstanding subsection (b) of this section, the burden of
proof on the issue of whether a tax is the equivalent of a tax
imposed on other commercial and industrial taxpayers shall be
on the State or Locality that imposes the tax.
(d) Cause of Action.--
(1) An action to enforce the provisions of this Act may be
brought only by a person who--
(A) rents motor vehicles to another person,
(B) is engaged in the business of renting motor
vehicles,
(C) owns motor vehicle rental property, or
(D) rents a motor vehicle from another person.
(2) A person who rents a motor vehicle from another person
and is seeking relief under this Act may only bring a cause of
action against the State or Locality imposing the
discriminatory tax as defined by this Act.
SEC. 6. LIMITATIONS.
This Act shall not be construed to constitute the consent of
Congress to State or Local taxation that would be prohibited in the
absence of this Act.
SEC. 7. EFFECTIVE DATE.
(a) Effective Date.--The provisions of this Act shall become
effective on May 23, 2007.
(b) Exclusion.--Discriminatory taxes as defined by this Act are not
prohibited under this Act if--
(1) State or Local legislative authorization for a
discriminatory tax that is in effect as of May 23, 2007, does
not lapse, the tax rate does not increase and the tax base for
such tax does not change; or
(2) a State enacts legislation by May 23, 2007;
(A) that specifically authorizes a Locality to
impose a discriminatory tax;
(B) the Locality imposes the authorized tax within
five years from the date the State enacted the
authorization for the Local tax; and
(C) the tax rate imposed by the Locality is not
increased and the tax base for such tax does not
change. | End Discriminatory State Taxes for Automobile Renters Act of 2007 - Prohibits states or local governments from levying or collecting a discriminatory tax (as defined by this Act) on the rental of motor vehicles, motor vehicle rental businesses, or motor vehicle rental property. | {"src": "billsum_train", "title": "To protect consumers from discriminatory State taxes on motor vehicle rentals."} | 2,100 | 64 | 0.606243 | 1.509812 | 0.61513 | 3.354167 | 40.041667 | 0.895833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Concrete Pump Tax Fairness Act of
2014''.
SEC. 2. MILEAGE-BASED USER FEE FOR MOBILE MOUNTED CONCRETE BOOM PUMPS.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986
(relating to certain other excise taxes) is amended by inserting after
subchapter D the following new subchapter:
``Subchapter E--Mileage-Based User Fee for Mobile Mounted Concrete Boom
Pumps
``Sec. 4491. Imposition of fee.
``Sec. 4492. Mobile mounted concrete boom pump vehicle defined.
``Sec. 4493. Method of collecting fee.
``SEC. 4491. IMPOSITION OF FEE.
``(a) Imposition of Fee.--There is hereby imposed on each mobile
mounted concrete boom pump vehicle a fee determined at the applicable
rate per mile for each mile traveled in the United States.
``(b) Applicable Rate.--For purposes of subsection (a), the
applicable rate shall be--
``(1) $0.05 per mile for a mobile mounted concrete boom
pump vehicle with a gross vehicle weight which does not exceed
60,000 pounds, and
``(2) $0.07 per mile for a mobile mounted concrete boom
pump vehicle with a gross vehicle weight which exceeds 60,000
pounds.
``(c) By Whom Paid.--The fee imposed by subsection (a) shall be
paid by the owner of the mobile mounted concrete boom pump vehicle.
``(d) Credit Against Tax.--At the election of the taxpayer, there
shall be allowed as a credit against the fee imposed by subsection (a)
for any taxable period the amount of tax imposed with respect to such
vehicle under sections 4053, 4081, and 4481 for such period. The credit
allowed under the preceding sentence with respect to a quantity of
liquid shall be in lieu of a payment under section 6427 with respect to
such quantity.
``(e) Special Rules for Determining Mileage.--In determining
mileage for purposes of this section, the Secretary shall work in close
coordination with the Secretary of Transportation to develop a system
for administration and compliance with this section. Such system
shall--
``(1) work in tandem with existing technology installed on
the affected vehicles,
``(2) minimize the administrative burdens on pump owners
and operators,
``(3) minimize the administrative burden on the Department
of Transportation,
``(4) integrate with State and local transportation revenue
mechanisms (including demand management systems),
``(5) protect the privacy of participating companies and
employees, and
``(6) allow third-party administrators to manage data
collection and refund payments to operators.
There is authorized to be appropriated not more than $5,000,000 for
costs associated with developing and implementing such system,
including for making grants to private companies where appropriate to
develop and deploy on-board technologies to track and report road miles
traveled.
``SEC. 4492. MOBILE MOUNTED CONCRETE BOOM PUMP VEHICLE DEFINED.
``For purposes of this subchapter, the term `mobile mounted
concrete boom pump vehicle' means a vehicle--
``(1) which is mobile machinery (as defined in section
4053(8)), and
``(2) on which the mounted machinery consists of a concrete
boom pump and related subordinate parts.
``SEC. 4493. METHOD OF COLLECTING FEE.
``(a) Collection by Return.--The fees imposed by section 4491 shall
be collected on the basis of a return for a calendar quarter. The
Secretary shall, by regulation, prescribe the time for filing such
return, the information to be shown in such return, and the time for
payment of such fee.
``(b) Payment Due Date.--Except as otherwise provided in this
subsection, the last day for payment of such fee shall be the 14th day
after the last day of the calendar quarter for which the return is
filed under subsection (a).
``(c) Application of Rules Related to Procedure and
Administration.--For purposes of subtitle F, the fee imposed under this
subchapter shall be treated in the same manner as an excise tax.
``(d) Calendar Quarter.--For purposes of this section, the term
`calendar quarter' means the three-month period ending on March 31,
June 30, September 30, or December 31.''.
(b) Highway Mileage Limitation Not Applicable.--Subparagraph (C) of
section 6421(e)(2) of such Code is amended by adding at the end the
following new clause:
``(v) Exception to use requirement for
mobile mounted concrete boom pump vehicle.--In
the case of a mobile mounted concrete boom pump
vehicle (as defined in section 4492), clause
(ii) shall be applied without regard to
subclause (II) (relating to the use-based
test).''.
(c) Nontaxable Use.--Subsection (b) of section 4082 of such Code
(defining nontaxable use) is amended by inserting ``(other than a use
by a vehicle described in clause (v) thereof)'' after ``section
6421(e)(2)(C)''.
(d) Deposit Into Highway Trust Fund.--Paragraph (1) of section
9503(b) of such Code (relating to transfer to Highway Trust Fund of
amounts equivalent to certain taxes and penalties) is amended by
striking ``and'' at the end of subparagraph (D), by striking the period
at the end of subparagraph (E) and inserting ``, and'', and by
inserting after paragraph (E) the following new subparagraph:
``(F) section 4491 (relating to vehicle mileage
tax).''.
(e) Clerical Amendment.--The table of subchapters for chapter 36 of
such Code is amended by inserting after the item relating to subchapter
D the following new item:
``subchapter e. mileage-based user fee for mobile mounted concrete boom
pumps''.
(f) Effective Date.--The amendments made by this section shall take
effect on January 1, 2016. | Concrete Pump Tax Fairness Act of 2014 - Amends the Internal Revenue Code to impose a vehicle mileage tax on owners of mobile mounted concrete boom pump vehicles. Defines "mobile mounted concrete boom pump vehicle" as a vehicle which is mobile machinery and on which the mounted machinery consists of a concrete boom pump and related subordinate parts. Directs that revenues from such tax be deposited into the Highway Trust Fund. | {"src": "billsum_train", "title": "Concrete Pump Tax Fairness Act of 2014"} | 1,391 | 97 | 0.577669 | 1.514299 | 0.795995 | 3.893333 | 16.546667 | 0.853333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal Alien Capture Notification
Act''.
SEC. 2. INFORMATION SHARING REGARDING CRIMINAL ALIENS.
Section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
(1) by striking ``Immigration and Naturalization Service''
each place it appears and inserting ``Department of Homeland
Security'';
(2) in subsection (a), by striking ``may'' and inserting
``shall'';
(3) in subsection (b)--
(A) by striking ``no person or agency may'' and
inserting ``a person or agency shall not''; and
(B) by striking ``doing any of the following with
respect to information'' and inserting ``undertaking
any of the following law enforcement activities'';
(4) by striking paragraphs (1) through (3) and inserting
the following:
``(1) Notifying the Federal Government regarding the
presence of inadmissible and deportable aliens who are
encountered by law enforcement personnel of a State or
political subdivision of a State.
``(2) Complying with requests for information from Federal
law enforcement.''; and
(5) by adding at the end the following:
``(d) Sanctuary Policies.--Notwithstanding any other provision of
Federal, State, or local law, a Federal, State, or local government
entity or official shall not issue in the form of resolutions,
ordinances, administrative actions, general or special orders, or
departmental policies that violate Federal law or restrict a State or
political subdivision of a State from complying with Federal law or
coordinating with Federal law enforcement.
``(e) Compliance.--
``(1) In general.--A State, or a political subdivision of a
State, that has in effect a statute, policy, or practice that
prohibits law enforcement officers of the State, or of a
political subdivision of the State, from assisting or
cooperating with Federal immigration law enforcement in the
course of carrying out the officers' routine law enforcement
duties shall not be eligible to receive--
``(A) any of the funds that would otherwise be
allocated to the State or political subdivision under
section 241(i) of the Immigration and Nationality Act
(8 U.S.C. 1231(i)) or the `Cops on the Beat' program
under part Q of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd et
seq.); or
``(B) any other law enforcement or Department of
Homeland Security grant.
``(2) Annual determination.--
``(A) Requirement.--Not later than March 1 of each
year, the Secretary of Homeland Security shall
determine which States or political subdivisions of a
State are not in compliance with this section and
report such determination to Congress.
``(B) Ineligibility for financial assistance.--Any
jurisdiction that the Secretary determines is not in
compliance under subparagraph (A)--
``(i) shall be ineligible to receive
Federal financial assistance as provided in
paragraph (1) for a minimum period of 1 year;
and
``(ii) shall only become eligible for such
assistance after the Secretary certifies that
the jurisdiction is in compliance.
``(3) Reallocation.--Any funds that are not allocated to a
State or to a political subdivision of a State, due to the
failure of the State, or of the political subdivision of the
State, to comply with this section shall be reallocated to
States, or to political subdivisions of States, that comply
with such subsection.
``(f) State and Local Law Enforcement Provision of Information
About Apprehended Aliens.--
``(1) Provision of information.--In compliance with this
section and section 434 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each
State, and each political subdivision of a State, shall provide
the Secretary of Homeland Security in a timely manner with
identifying information with respect to each alien in the
custody of the State, or a political subdivision of the State,
who is believed to be inadmissible or deportable.
``(2) Annual report on compliance.--Not later than March 1
of each year, the Secretary shall determine which States, or
the political subdivisions of States, are not in compliance
with this section and submit such determination to Congress.
``(g) Reimbursement.--The Secretary of Homeland Security shall
reimburse States, and political subdivisions of a State, for all
reasonable costs, as determined by the Secretary, incurred by the
State, or the political subdivision of a State, as a result of
providing information under subsection (f)(1).
``(h) Construction.--Nothing in this section shall require law
enforcement officials of a State, or from political subdivisions of a
State--
``(1) to provide the Secretary of Homeland Security with
information related to a victim of a crime or witness to a
criminal offense; or
``(2) to otherwise report or arrest such a victim or
witness.''. | Illegal Alien Capture Notification Act This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to provide that a person or agency shall (currently, may) not prohibit or restrict a federal, state, or local government entity from undertaking any of the following law enforcement activities (current law refers to information activities) regarding an individual's immigration status: notifying the federal government regarding the presence of inadmissible and deportable aliens who are encountered by state or local law enforcement personnel, or complying with federal law enforcement information requests. A federal, state, or local government entity or official shall not issue ordinances, administrative actions, general or special orders, or departmental policies that violate federal law or restrict a state or political subdivision from complying with federal law or coordinating with federal law enforcement. A state or political subdivision that has in effect a statute, policy, or practice that prohibits state or local law enforcement officers from assisting or cooperating with federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties shall not be eligible to receive: (1) funds for the incarceration of undocumented criminal aliens or for the Cops on the Beat program, or (2) any other law enforcement or Department of Homeland Security (DHS) grant. States or political subdivisions not in compliance shall: (1) be ineligible to receive such assistance for at least one year, and (2) become eligible for such assistance only after DHS certifies that the jurisdiction is in compliance. Withheld funds shall be reallocated to complying states or political subdivisions. States and political subdivisions shall provide DHS with identifying information regarding each incarcerated alien who is believed to be inadmissible or deportable. Nothing in this bill shall require state or local law enforcement officials to: (1) provide DHS with information related to a victim of a crime or witness to a criminal offense, or (2) otherwise report or arrest such a victim or witness. | {"src": "billsum_train", "title": "Illegal Alien Capture Notification Act"} | 1,154 | 426 | 0.702657 | 2.128902 | 0.972961 | 4.81117 | 2.800532 | 0.922872 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Reform Act of 2012''.
SEC. 2. FEDERAL REGULATORY REFORM REPORT.
(a) In General.--Subchapter I of chapter 35 of title 44, United
States Code, is amended by--
(1) redesignating section 3521 as section 3522; and
(2) by inserting after section 3520 the following new
section:
``Sec. 3521. Federal Regulatory Reform Report
``(a) Report Required.--Not later than October 1 every four years,
beginning with the first year following the date of the enactment of
the Regulatory Reform Act of 2012, the Administrator of the Office of
Information and Regulatory Affairs shall make available on a publicly
available website and submit to Congress a report on Federal regulatory
reform (in this section referred to as the `Federal Regulatory Reform
Report').
``(b) Contents of Report.--The Federal Regulatory Reform Report
shall contain the following:
``(1) A list of rules that are determined to be outmoded,
duplicative, ineffective, or excessively burdensome.
``(2) A list of recommendations to consolidate, modify,
simplify, or repeal such rules to make such rules more
effective or less burdensome.
``(3) A description of the justification for (including
supporting data) and impact of the recommendations described in
paragraph (2), as appropriate and available.
``(4) For any rule listed under paragraph (2), an analysis
of how the costs outweigh the benefits for such rule. The
benefits for such analysis shall include environmental and
public health considerations and other considerations with
regard to the benefits that the Administrator determines are
appropriate.
``(c) Resources for Report.--The Administrator shall use any of the
following sources to prepare the Federal Regulatory Reform Report:
``(1) Agency action plans.
``(2) Executive Order 12866 (5 U.S.C. 601 note; relating to
regulatory planning and review).
``(3) Executive Order 13563 (76 Fed. Reg. 3812; relating to
improving regulation and regulatory review).
``(4) The Office of Management and Budget Circular A-4.
``(5) The Office of Management and Budget Annual report to
Congress required by section 624(a) of Public Law 106-554 (31
U.S.C. 1105 note).
``(6) Any other appropriate report, analysis, and review of
the executive and legislative branch.
``(d) Notice and Comment.--At least 60 days before submission of
the Federal Regulatory Reform Report required under subsection (a), the
Administrator of the Office of Information and Regulatory Affairs shall
publish the report in the Federal Register for public notice and
comment. The Administrator may modify the report in response to any
comments received before submission of the report to Congress.
``(e) Consultation Required.--The Administrator of the Office of
Information and Regulatory Affairs shall consult with the President,
the Director of the Office of Management and Budget, the Chief
Performance Officer of the Office of Management and Budget, and the
relevant committees of jurisdiction of the House of Representatives and
the Senate before the submission of the Federal Regulatory Reform
Report required under subsection (a).
``(f) Presentation of Federal Regulatory Reform Report to Congress
and Expedited Consideration.--
``(1) In general.--The President shall propose, at the time
and in the manner provided in paragraph (2), the carrying out
of all or part of the recommendations contained in the most
recent Federal Regulatory Reform Report prepared by the Office
of Information and Regulatory Affairs.
``(2) Transmittal of special message.--Not later than 120
days after the submission of a Federal Regulatory Reform Report
under subsection (a), the President shall transmit to Congress
a special message to carry out all or part of the
recommendations contained in that Federal Regulatory Reform
Report. The President shall include with that special message a
bill that would carry out the recommendations. The President
may not transmit more than one such special message each year.
``(3) Expedited consideration of president's regulatory
reform bill.--
``(A) Regulatory reform bill.--Within 14 days after
the President submits to Congress a bill under
paragraph (2), the majority leader of the House of
Representatives and the majority leader of the Senate
shall each introduce such bill, by request.
``(B) Consideration in the house of
representatives.--
``(i) Referral and reporting.--Any
committee of the House of Representatives to
which such bill is referred shall report it to
the House without amendment not later than the
14th legislative day after the date of its
introduction. If a committee fails to report
the bill within that period or the House has
adopted a concurrent resolution providing for
adjournment sine die at the end of a Congress,
such committee shall be automatically
discharged from further consideration of the
bill and it shall be placed on the appropriate
calendar.
``(ii) Proceeding to consideration.--Not
later than 21 legislative days after such bill
is reported or a committee has been discharged
from further consideration thereof, it shall be
in order to move to proceed to consider such
bill in the House. Such a motion shall be
highly privileged and not debatable, and shall
be in order only at a time designated by the
Speaker in the legislative schedule within two
legislative days after the day on which the
proponent announces an intention to the House
to offer the motion provided that such notice
may not be given until such bill is reported or
a committee has been discharged from further
consideration thereof. Such a motion shall not
be in order after the House has disposed of a
motion to proceed with respect to that special
message. The previous question shall be
considered as ordered on the motion to its
adoption without intervening motion. A motion
to reconsider the vote by which the motion is
disposed of shall not be in order.
``(iii) Consideration.--If the motion to
proceed is agreed to, the House shall
immediately proceed to consider such bill in
the House without intervening motion. Such bill
shall be considered as read. All points of
order against the bill and against its
consideration are waived. The previous question
shall be considered as ordered on the bill to
its passage without intervening motion except 4
hours of debate equally divided and controlled
by the proponent and an opponent and one motion
to limit debate on the bill. A motion to
reconsider the vote on passage of the bill
shall not be in order.
``(C) Consideration in the senate.--
``(i) Committee action.--The appropriate
committee of the Senate shall report without
amendment the bill referred to in subparagraph
(A) not later than the seventh session day
after introduction. If a committee fails to
report the bill within that period or the
Senate has adopted a concurrent resolution
providing for adjournment sine die at the end
of a Congress, the Committee shall be
automatically discharged from further
consideration of the bill and it shall be
placed on the appropriate calendar.
``(ii) Motion to proceed.--Not later than 3
session days after the bill is reported in the
Senate or the committee has been discharged
thereof, it shall be in order for any Senator
to move to proceed to consider the bill in the
Senate. The motion shall be decided without
debate and the motion to reconsider shall be
deemed to have been laid on the table. Such a
motion shall not be in order after the Senate
has disposed of a prior motion to proceed with
respect to the draft bill.
``(iii) Consideration.--If a motion to
proceed to the consideration of the draft bill
is agreed to, the Senate shall immediately
proceed to consideration of the draft bill
without intervening motion, order, or other
business, and the draft bill shall remain the
unfinished business of the Senate until
disposed of. Consideration on the bill in the
Senate under this subsection, and all debatable
motions and appeals in connection therewith,
shall not exceed 10 hours equally divided in
the usual form. All points of order against the
draft bill or its consideration are waived.
Consideration in the Senate on any debatable
motion or appeal in connection with the draft
bill shall be limited to not more than 10
hours. A motion to postpone, or a motion to
proceed to the consideration of other business,
or a motion to recommit the draft bill is not
in order. A motion to reconsider the vote by
which the draft bill is agreed to or disagreed
to is not in order.
``(D) Amendments prohibited.--No amendment to, or
motion to strike a provision from, the draft bill
considered under this section shall be in order in
either the Senate or the House of Representatives.
``(E) Coordination with action by other house.--If,
before passing the bill, one House receives from the
other a bill--
``(i) the bill of the other House shall not
be referred to a committee; and
``(ii) the procedure in the receiving House
shall be the same as if no bill had been
received from the other House until the vote on
passage, when the bill received from the other
House shall supplant the bill of the receiving
House.
``(F) Limitation.--This paragraph shall apply only
to the bill referred to in subparagraph (A), introduced
pursuant to such subparagraph.
``(g) Definitions.--For purposes of this section, continuity of a
session of either House of Congress shall be considered as broken only
by an adjournment of that House sine die, and the days on which that
House is not in session because of an adjournment of more than 3 days
to a date certain shall be excluded in the computation of any
period.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 35 of title 44, United States Code, is amended by striking the
matter relating to section 3521 and inserting the following:
``3521. Federal Regulatory Reform Report.
``3522. Authorization of Appropriations.''. | Regulatory Reform Act of 2012 - Directs the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB), not later than October 1 every four years, to post online and submit to Congress a report to be known as the Federal Regulatory Reform Report. Requires such Report to contain: (1) a list of rules that are determined to be outmoded, duplicative, ineffective, or excessively burdensome; (2) a list of recommendations to consolidate, modify, simplify, or repeal such rules and a description of the justification for and impact of such recommendations; and (3) an analysis of how the costs of such rules outweigh their benefits.
Directs the Administrator to: (1) use certain resources such as agency action plans, agency reports, and executive orders in preparing the Report; (2) publish the Report in the Federal Register for public notice and comment at least 60 days before its submission to Congress; and (3) consult with the President, relevant committees of Congress, and other federal officials before submitting the Report.
Requires the President to submit to Congress a legislative proposal for carrying out all or some of the recommendations contained in the Report. Sets forth congressional procedures for consideration of the President's proposal. | {"src": "billsum_train", "title": "To establish procedures for the presentation and expedited consideration by Congress of the recommendations in the Federal Regulatory Reform Report prepared by the Office of Information and Regulatory Affairs, and for other purposes."} | 2,179 | 266 | 0.693121 | 1.903063 | 0.794763 | 4.46748 | 8.52439 | 0.914634 |
SECTION 1. SENSE OF THE CONGRESS.
It is the sense of the Congress that economically targeted
investments violate sections 403 and 404 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1103 and 1104) because such
investments violate the principle of undivided loyalty that a fiduciary
owes to employee benefit plan participants and beneficiaries and are
made with the intent to benefit persons other than plan participants
and beneficiaries and to serve interests other than those of plan
participants and beneficiaries.
SEC. 2. PROHIBITIONS ON DEPARTMENT OF LABOR REGARDING ECONOMICALLY
TARGETED INVESTMENTS.
(a) In General.--With respect to the investment by employee benefit
plans of plan assets (and the interpretations and decisions by the
Department of Labor regarding investment by such plans of plan assets),
the application of sections 403 and 404 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1103 and 1104) shall be
determined--
(1) without regard to Interpretive Bulletin 94-1,
issued by the Secretary of Labor on June 23, 1994 (59 Fed. Reg.
32606; 29 C.F.R. 2509.94-1), and without regard to any other
regulation, interpretive bulletin, advisory opinion,
information letter, or other determination reaching the same
result as, or a result similar to, the result set forth in such
Interpretive Bulletin, and
(2) with full regard to sections 403 and 404 of such Act.
(b) Restrictions on Activities of the Department of Labor.--No
officer or employee of the Department of Labor may travel, lecture, or
otherwise expend resources available to such Department for the purpose
of promoting, directly or indirectly, economically targeted
investments.
(c) Definitions.--For purposes of this section--
(1) Economically targeted investment.--The term
``economically targeted investment'' has the meaning given such
term in Interpretive Bulletin 94-1, as issued by the Secretary
of Labor on June 23, 1994 (59 Fed. Reg. 32606; 29 C.F.R.
2509.94-1).
(2) Employee benefit plan.--The term ``employee benefit
plan'' means an employee benefit plan within the meaning of
section 3(3) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(3)) which is covered under section 4 of
such Act (29 U.S.C. 1003).
SEC. 3. PROHIBITION ON FEDERAL AGENCIES AGAINST ESTABLISHING OR
MAINTAINING ANY CLEARINGHOUSE OR OTHER DATABASE RELATING
TO ECONOMICALLY TARGETED INVESTMENTS.
(a) In General.--Part 5 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is
amended by adding at the end the following new section:
``prohibition on federal agencies against establishing or maintaining
any clearinghouse or other database relating to economically targeted
investments
``Sec. 516. (a) In General.--No agency or instrumentality of the
Federal Government may establish or maintain, or contract with (or
otherwise provide assistance to) any other party to establish or
maintain, any clearinghouse, database, or other listing--
``(1) for the purpose of making available to employee
benefit plans information on economically targeted investments,
``(2) for the purpose of encouraging, or providing
assistance to, employee benefit plans or any other party
related to an employee benefit plan to undertake or evaluate
economically targeted investments, or
``(3) for the purpose of identifying economically targeted
investments with respect to which such agency or
instrumentality will withhold from undertaking enforcement
actions relating to employee benefit plans under any otherwise
applicable authority of such agency or instrumentality.
``(b) Economically Targeted Investment Defined.--For purposes of
this section, the term `economically targeted investment' has the
meaning given such term in Interpretive Bulletin 94-1, as issued by the
Secretary on June 23, 1994 (59 Fed. Reg. 32606; 29 C.F.R. 2509.94-
1).''.
(b) Clerical Amendment.--The table of contents in section 2 of such
Act is amended by inserting at the end of the items relating to part 5
of subtitle B of title I the following new item:
``Sec. 516. Prohibition on Federal agencies against establishing or
maintaining any clearinghouse or other
database relating to economically targeted
investments.''.
SEC. 4. TERMINATION OF CONTRACTS.
The head of each agency and instrumentality of the Government of
the United States shall immediately take such actions as are necessary
and appropriate to terminate any contract or other arrangement entered
into by such agency or instrumentality which is in violation of the
requirements of the provisions of this Act or the amendments made
thereby.
SEC. 5. EFFECTIVE DATE
The preceding provisions of this Act (and the amendments made
thereby) shall take effect on the date of the enactment of this Act. | Expresses the sense of the Congress that economically targeted investments violate specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) relating to a fiduciary's responsibility to serve the interests of employee benefit plan participants and beneficiaries exclusively.
Requires that the application of such ERISA provisions to employee benefit plan asset investments be determined without regard to a specified Department of Labor (DOL) interpretive bulletin or any other similar directive regarding economically targeted investments. Prohibits DOL officers or employees from traveling, lecturing, or otherwise expending DOL resources to promote, directly or indirectly, economically targeted investments.
Amends ERISA to prohibit Federal agencies or instrumentalities from establishing or maintaining any clearinghouse or other database relating to economically targeted investments for employee benefit plans.
Directs Federal agencies and instrumentalities to immediately terminate contracts or other arrangements which violate this Act. | {"src": "billsum_train", "title": "A bill to place restrictions on the promotion by the Department of Labor and other Federal agencies and instrumentalities of economically targeted investments in connection with employee benefit plans."} | 1,124 | 189 | 0.547551 | 1.705129 | 0.761264 | 2.942308 | 6.269231 | 0.814103 |
Subtitle A--Authorization of Appropriations
SECTION 1. SHORT TITLE.
This subtitle may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 1998''.
SEC. 2. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama Canal
Commission is authorized to use amounts in the Panama Canal Revolving
Fund to make such expenditures within the limits of funds and borrowing
authority available to it in accordance with law, and to make such
contracts and commitments as may be necessary under the Panama Canal
Act of 1979, as amended, (22 U.S.C. 3601 et seq.) for the operation,
maintenance, improvement, and administration of the Panama Canal for
fiscal year 1998.
(b) Limitations.--For fiscal year 1998, the Panama Canal Commission
may expend from funds in the Panama Canal Revolving Fund not more than
$85,000 for reception and representation expenses, of which--
(1) not more than $23,000 may be used for official
reception and representation expenses of the Supervisory Board
of the Commission;
(2) not more than $12,000 may be used for official
reception and representation expenses of the Secretary of the
Commission; and
(3) not more than $50,000 may be used for official
reception and representation expenses of the Administrator of
the Commission.
SEC. 3. PURCHASE OF MOTOR VEHICLES.
Notwithstanding any other provision of law, funds available to the
Panama Canal Commission shall be available for the purchase and
transportation to the Isthmus of Panama of passenger motor vehicles,
the purchase price of which shall not exceed $22,000 per vehicle.
Subtitle B--Amendments to Panama Canal Act of 1979
SEC. 4. SHORT TITLE; REFERENCES.
(a) Short Title.--This subtitle may be cited as the ``Panama Canal
Act Amendments of 1979''.
(b) Reference.--Except as otherwise expressly provided, whenever in
this subtitle 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
Panama Canal Act of 1979, as amended (22 U.S.C. 3601 et seq.).
SEC. 5. NOTARY PUBLIC.
Section 1102a (22 U.S.C. 3612a) is amended--
(a) by redesignating subsection (g) as subsection (i);
(b) by adding a new subsection (g), reading as follows:
``(g)(1) The Commission shall have the power to appoint United
States citizens to have the general powers of a notary public who shall
perform, on behalf of Commission employees and dependents, those
notarial acts which any notary public is required or authorized to do
within the United States.
``(2) Every such notarial act shall be as valid, and of like force
and effect within the United States, for all intents and purposes, as
if executed by or before any other person within the United States duly
authorized and competent.
``(3) The signature of any such person acting as notary, together
with the title of that person's offices, is prima facie evidence that
the signature is genuine, that the person holds the designated title,
and that the person is authorized to perform a notarial act.''
SEC. 6. COMMERCIAL SERVICES.
Section 1102a (22 U.S.C. 3612a) is amended by adding new subsection
(h), reading as follows:
``(h) The Commission shall have authority to conduct and promote
commercial activities related to the management, operation or
maintenance of the Panama Canal, consistent with the Panama Canal
Treaty of 1977 and related agreements.''
SEC. 7. POST-EMPLOYMENT RESTRICTIONS.
Section 1112 (22 U.S.C. 3622) is amended by adding new subsection
(e) to read as follows:
``(e) An officer or employee of the Commission shall be exempt from
the restrictions of section 207 of title 18, United States Code,
following termination of employment with the Commission at noon,
December 31, 1999, but only for official actions as an officer or
employee of the Panama Canal Authority.''
SEC. 8. COMPENSATION.
(a) Repeals.--The following provisions are repealed:
(1) Section 1215 (22 U.S.C. 3655), relating to basic pay.
(2) Section 1219 (22 U.S.C. 3659), relating to salary
protection upon conversion of pay base.
(3) Section 1225 (22 U.S.C. 3665), relating to minimum
level of pay and minimum annual increases.
(b) Savings Provision.--The rate of basic pay for an officer or
employee of the Commission after the effective date of this Act shall
not be less than it was immediately before the effective date of this
Act, except--
(1) as provided in a collective bargaining agreement;
(2) as a result of an adverse action against the officer or
employee; or
(3) pursuant to a voluntary demotion.
SEC. 9. TRAVEL AND TRANSPORTATION EXPENSES.
Section 1210 (22 U.S.C. 3650) is amended--
(a) by repealing subsections (a), (b) and (c) and
redesignating subsection (d)(1) as (a) and subsection (d)(2) as
(b).
(b) in subsection (a) by striking ``2'' and inserting
``b''.
(c) in subsection (b) by striking ``1'' and inserting
``a''.
(d) by revising the heading to read as follows: ``Air
Transportation''.
SEC. 10. RECRUITMENT AND RETENTION REMUNERATION.
Section 1217 (22 U.S.C. 3657) is amended--
(a) by redesignating subsection (c) as subsection (e) and
striking therein ``for the same or similar work performed in
the United States by individuals employed by the Government of
the United States''.
(b) by adding new subsections (c), (d) and (f), reading as
follows:
``(c)(1) The Administrator may authorize the payment of a bonus to
an employee who is newly recruited to a position, or to an employee who
must relocate to accept a position, if the Administrator determines
that the Commission would be likely, in the absence of such a bonus, to
encounter difficulty in filling the position.
``(2) Payment of a recruitment or relocation bonus shall be
contingent upon the employee's entering into an agreement with the
Commission to complete a period of employment with the Commission
established by the Commission. If the employee voluntarily fails to
complete such period of service or is separated from the service as a
result of an adverse action before completion of such period, the
employee shall repay the bonus on a pro rata basis.
``(3) A recruitment or relocation bonus shall be paid as a lump sum
and may not be considered to be part of the basic pay of an employee.
``(d)(1) The Administrator may authorize the payment of a retention
bonus to an employee if the Administrator determines that--
``(A) the unusually high or unique qualifications of the
employee or a special need of the agency for the employee's
services makes it essential to retain the employee; and
``(B) the employee would be likely to leave in the absence
of the receipt of a retention bonus.
``(2) A retention bonus shall be a fixed amount, but paid on pro
rata basis at the same time and in the same manner as basic pay but
shall not be part of the basic pay of an employee.
``(e) * * *.
``(f) The decision to exercise or forgo the authority to make
payments under this section shall not be subject to challenge under any
statutory procedure or any agency or negotiated grievance procedure.''
SEC. 11. CLASSIFICATION APPEALS.
(a) Section 1221(a) (22 U.S.C. 3661(a)) is amended in the first
sentence by striking ``President'' and inserting ``Commission''.
(b) Section 1222(a) (22 U.S.C. 3662(a)) is amended in the second
sentence by striking ``President'' and inserting ``Commission''.
SEC. 12. TRAVEL, TRANSPORTATION AND SUBSISTENCE.
Section 1224 (22 U.S.C. 3664) is amended by--
(a) striking out clause (10); and
(b) redesignating clauses (11)-(20) as (10)-(19).
SEC. 13. CONTINGENT SEVERANCE PAY LIABILITY.
Section 1302(a) (22 U.S.C. 3712(a)) is amended by adding the
following paragraph:
``(10) payment of severance pay to employees terminated
from the Panama Canal Authority for periods of service with the
Commission.''
SEC. 14. PRINTING.
Section 1306 (22 U.S.C. 3716) is amended by striking ``Section
501'' and inserting in lieu thereof ``Sections 501 through 517 and 1101
through 1123''.
SEC. 15. INTERAGENCY SERVICES, REIMBURSEMENTS.
Section 1321(e)(2) (22 U.S.C. 3731(e)(2)) is amended to read as
follows:
``(2) educational services provided by schools in the
Republic of Panama, or the United States, which are not
operated by the United States, to employees of the Commission
who are citizens of the United States, to other Commission
employees when determined by the Administrator to be necessary
for their recruitment or retention, and to other persons who
were receiving such services at the expense of the Canal Zone
Government before the effective date of the Panama Canal Act of
1979.''
SEC. 16. TRANSACTIONS WITH THE REPUBLIC OF PANAMA.
Section 1342 (22 U.S.C. 3752) is amended--
(a) by redesignating the present section as subsection (a);
(b) in subsection (a), by striking ``the Commission''
whenever it appears and inserting in lieu thereof ``an
executive agency''; and
(c) adding the following new subsection:
``(b) Notwithstanding subsection (a), the Commission may provide
office space, equipment, supplies, personnel and other inkind services
to the Panama Canal Authority.''
SEC. 17. FILING OF ADMIRALTY CLAIMS.
(a) Section 1411(a) (22 U.S.C. 3771(a)) is amended by revising the
last sentence to read as follows: ``No payment for damages on a claim
may be made under this section unless the claim is filed with the
Commission within 1 year after the date of the injury, or within 1 year
after the date of the enactment of the Panama Canal Act Amendments of
1997, whichever is later.''
(b) Section 1412 (22 U.S.C. 3772) is amended by revising the last
sentence to read as follows: ``No payment for damages on a claim may be
made under this section unless the claim is filed with the Commission
within 1 year after the date of the injury, or within 1 year after the
date of the enactment of the Panama Canal Act Amendments of 1997,
whichever is later.''
(c) Section 1416 (22 U.S.C. 3776) is amended by revising the
penultimate sentence to read as follows: ``Any action on a claim under
this section shall be barred unless the action is brought within 180
days after the date on which the Commission mails to the claimant
written notification of the Commission's final determination with
respect to the claim, or within 180 days after the date of the
enactment of the Panama Canal Act Amendments of 1997, whichever is
later.''
SEC. 18. TOLLS FOR SMALL VESSELS.
Section 1602(a) (22 U.S.C. 3792(a)) is amended--
(a) in the first sentence, by adding ``and'' before
``supply ships'', deleting the comma after ``supply ships'' and
deleting ``and yachts''; and
(b) by adding at the end thereof a new sentence, reading as
follows: ``The tolls for yachts and other small vessels as
defined by the Commission may be set at fixed rates determined
by the Commission.''
SEC. 19. DATE OF ACTUARIAL EVALUATION OF FECA LIABILITY.
Section 3715c(a) of title 22, United States Code, is amended by
striking ``Upon termination of the Panama Canal Commission'' and
inserting in lieu thereof ``By March 31, 1998''.
SEC. 20. RETIREMENT ELIGIBILITY.
(a) Section 8336(c)(2)(B) of title 5, United States Code, is
amended by striking ``before January 1, 2000,'' and inserting ``with
the Panama Canal Commission,''.
(b) Paragraph (4) of section 8336(I) is redesignated as paragraph
(5) and amended to read as follows:
``(5) For the purpose of this subsection--
``(A) `Panama Canal service' means--
``(i) service as an employee of the Canal
Zone Government, the Panama Canal Company, or
the Panama Canal Commission, including service
with the office established pursuant to 22
U.S.C. 3714a(b) to close out the affairs of the
Commission that are still pending after the
termination of the Panama Canal Treaty of 1977;
or
``(ii) service at a permanent duty station
in the Canal Zone or Republic of Panama as an
employee of an Executive agency (other than the
Commission) conducting operations in the Canal
Zone or the Republic of Panama; and
``(B) `Executive agency' includes the Smithsonian
Institution.''
(c) Section 8336(I) is amended by adding the following new
paragraph:
``(4) An employee of the Panama Canal Commission, assigned
to the office established pursuant to 22 U.S.C. 3714a(b) to
close out the affairs of the Commission, who is separated after
January 1, 2000, and who otherwise would be eligible for an
immediate annuity under 8336(I) (1), (2) or (3) except for date
of separation, is entitled to an annuity if the employee is
separated--
``(A) involuntarily, after completing 20 years of
service or after becoming 48 years of age and
completing 18 years of service, except by adverse
action, or
``(B) voluntarily, after completing 23 years of
service or after becoming 48 years of age and
completing 18 years of service.''
SEC. 21. LUMP SUM SEVERANCE PAY.
Section 5595 of title 5, United States Code, is amended to read as
follows:
``(j) In the case of an employee of the Panama Canal Commission who
is entitled to severance pay under this section, on or after December
31, 1999, the agency may pay the total amount of the severance pay due
the employee in one lump sum.''
SEC. 22. EMPLOYMENT OF RESERVES AND RETIRED MEMBERS BY PANAMA CANAL
AUTHORITY.
Section 908 of title 37, United States Code, is amended by adding
the following new subsection:
``(c) Notwithstanding subsection (b), a person described in
subsection (a) may accept employment or compensation described in that
subsection with the entity of the Government of the Republic of Panama
known as the Panama Canal Authority, which is the successor to the
Panama Canal Commission.''
SEC. 23. CONFORMING AND CLERICAL AMENDMENTS.
(a) Section 1216 (22 U.S.C. 3656) is amended by striking ``1215''
and inserting in lieu thereof ``1202''.
(b) Section 1218 (22 U.S.C. 3658) is amended by striking ``1215''
and inserting in lieu thereof ``1202'' and by revising ``1217'' to read
``1217(a)''.
(c) Section 5315 of title 5, United States Code, is amended by
striking ``Administrator, Panama Canal Commission''.
(d)(1) Section 5724(a)(3) of title 5, United States Code, is
amended by striking ``, the Commonwealth of Puerto Rico, or the areas
and installations in the Republic of Panama made available to the
United States pursuant to the Panama Canal Treaty of 1977 and related
agreements, as described in section 3(a) of the Panama Canal Act of
1979'' and inserting in lieu thereof ``or the Commonwealth of Puerto
Rico''.
(2) Section 5724a of title 5, United States Code, is amended by
striking ``, the Commonwealth of Puerto Rico, or the areas and
installations in the Republic of Panama made available to the United
States pursuant to the Panama Canal Treaty of 1977 and related
agreements, (as described in section 3(a) of the Panama Canal Act of
1979)'' and inserting in lieu thereof ``or the Commonwealth of Puerto
Rico'' every time it appears.
(e) Table of Contents.--The table of contents in section 1 is
amended as follows:
(1) The item relating to section 1210 is amended to read as
follows:
``Sec. 1210. Air Transportation.''.
(2) Such table of contents is further amended by inserting
after the item relating to section 1232 the following new item:
``Sec. 1233. Transition Separation Incentive Payment.''.
(3) Such table of contents is further amended by striking
out the items relating to sections 1215, 1219, and 1225. | TABLE OF CONTENTS:
Subtitle A: Authorization of Appropriations
Subtitle B: Amendments to Panama Canal Act of 1979
Subtitle A: Authorization of Appropriations
- Panama Canal Commission Authorization Act for Fiscal Year 1998 - Authorizes the Panama Canal Commission to make expenditures as necessary for the operation, maintenance, improvement, and administration of the Panama Canal for FY 1998. Makes funds available for the purchase, and transportation to Panama, of passenger motor vehicles (limiting the per vehicle purchase price to $22,000).
Subtitle B: Amendments to Panama Canal Act of 1979
- Panama Canal Act Amendments of 1979 (sic) - Amends the Panama Canal Act of 1979 to: (1) empower the Commission to appoint U.S. citizens as notaries public, and to conduct and promote commercial activities related to the management, operation, or maintenance of the Canal; (2) exempt Commission officers and employees from Federal post-employment restrictions following termination of their employment on December 31, 1999; (3) repeal certain Commission employee pay, travel and transportation provisions; (4) authorize the Administrator of the Commission to pay a bonus to a newly recruited employee or an employee who must relocate to accept a position (requires the employee to contract to complete a period of employment established by the Commission) and to pay a retention bonus to other employees under specified circumstances; (5) authorize the Commission (currently, the President) to regulate the Panama Canal Board of Appeals; (6) authorize use of the Panama Canal Revolving Fund to pay severance pay to Commission employees; (7) direct an executive agency (currently, the Commission) to enter into supplies and materials contracts and other transactions with the Republic of Panama; (8) provide a time limitation with respect to the filing of admiralty claims with the Commission; (9) authorize the Commission to establish toll rates for yachts using the Canal; (10) revise generally Federal provisions concerning retirement eligibility for Commission employees; and (11) authorize reserve and retired military personnel to accept employment with the Panama Canal Authority (the successor to the Commission). | {"src": "billsum_train", "title": "Panama Canal Commission Authorization Act for Fiscal Year 1998"} | 3,977 | 443 | 0.622756 | 2.151513 | 0.736837 | 2.779951 | 8.662592 | 0.897311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gifted and Talented Students
Education Act of 1998''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Gifted and talented students give evidence of high
performance capability in specific academic fields, or in areas
such as intellectual, creative, artistic, or leadership
capacity, and require services or activities not ordinarily
provided by a school in order to fully develop such
capabilities. These children are from all cultural, racial, and
ethnic backgrounds, and socioeconomic groups; some have
disabilities and for some, English is not their first language.
Many of these students have been historically underrepresented
in gifted education programs.
(2) Because gifted and talented students generally are more
advanced academically, are able to learn more quickly and study
in more depth and complexity than others their age, their
special educational needs require opportunities and experiences
that are different from those generally available in regular
education programs.
(3) There currently is no Federal requirement to identify
or serve the Nation's approximately 3,000,000 gifted and
talented students.
(4) While some States and school districts allocate
resources to educate gifted and talented students, other do
not. Additionally, State laws and State and local funding,
identification, and accountability mechanisms vary widely,
resulting in a vast disparity of services for this special-
needs population.
(5) If the United States is to compete successfully in the
global economy, it is important that more students achieve to
higher levels, and that highly capable students receive an
education that prepares them to perform the most highly
innovative and creative work necessary in today's workplace.
(6) The performance of twelfth-grade advanced students in
the United States on the Third International Mathematics and
Science Study (TIMSS) was among the lowest in the world. In
each of 5 physics content areas and in each of 3 math content
areas, the performance of physics and advanced mathematics
students in the United States was among the lowest of
participating countries.
(7) Typical elementary school students with academic gifts
and talents have already mastered 35 to 50 percent of the
school year's content in several subject areas before the year
begins.
(8) In 1990, fewer than 2 cents out of every $100 spent on
elementary and secondary education in the United States was
devoted to providing challenging programming for the Nation's
gifted and talented students.
(b) Purpose.--The purpose of this Act is to provide grants to
States to support programs, classes, and other services designed to
meet the needs of the Nation's gifted and talented students in
elementary and secondary schools.
SEC. 3. PROGRAM AUTHORIZATION AND ACTIVITIES.
(a) In General.--The Secretary is authorized to provide grants to
States for use by public schools to develop or expand gifted and
talented education programs through one or more of the following
activities:
(1) Professional development programs.--States may expend
funds to develop and implement programs to address State and
local needs for inservice training programs for general
educators, specialists in gifted and talented education,
administrators, school counselors, or other personnel at the
elementary and secondary levels.
(2) Technical assistance.--A State may make materials and
services available through State regional education service
centers, universities, colleges, or other entities.
(3) Innovative programs and services.--States may support
innovative approaches and curricula used by school districts,
individual schools, or consortia of schools or school
districts.
(4) Emerging technologies.--States may provide funds to
provide challenging, high-level course work to individual
students or groups of students in schools and school districts that do
not have the resources to otherwise provide the courses through new and
emerging technologies, including distance learning. Funds may be used
to develop curriculum packages, compensate distance-learning educators,
or for other relevant purposes, but may not be used for the purchase or
upgrading of technological hardware.
(b) State Infrastructure Costs.--Not more than 10 percent of the
total amount received under this Act may be used for State educational
agency administrative costs, such as facilitating the coordination of
gifted and talented education programs and services, disseminating
information and materials to teachers and parents, creating State
gifted education advisory boards, and administering funds received
under this Act.
SEC. 4. APPLICATION.
(a) In General.--To be eligible to receive a grant award under this
Act, a State educational agency shall submit an application to the
Secretary at such time and in such form and manner as the Secretary may
reasonably require.
(b) Contents.--The application shall include assurances that--
(1) funds received under this Act shall be used to support
gifted and talented students in public schools, including
students from all economic, ethnic, and racial backgrounds,
students of limited English proficiency, gifted students with
disabilities and highly gifted students;
(2) not less than 90 percent of the funds received by the
State will be distributed to public schools within the State;
and
(3) funds received under this Act shall be used only to
supplement, but not supplant, the amount of State and local
funds expended for the specialized education and related
services provided for the education of gifted and talented
students.
(4) States shall develop and implement program assessment
models to evaluate educational effectiveness and ensure program
accountability.
(c) Approval.--To the extent funds are made available for this Act,
the Secretary shall approve an application of a State educational
agency if such application meets the requirements of this section.
SEC. 5. ALLOTMENT TO STATES.
(a) In General.--Except as provided in subsection (b), of the total
amount made available for this Act, the Secretary shall award to each
State an amount that bears the same relation to the total amount as the
number of children ages 5 through 18 in the State for the preceding
academic year bears to the total number of all such children in all
States for such year.
(b) Minimum Award.--If sufficient funds are made available for this
Act for each State to receive $1,000,000 in each fiscal year, each
State that meets the requirements of this Act shall receive not less
than $1,000,000 each fiscal year.
(c) Ratable Reduction.--If the amount made available for this Act
is insufficient to allocate the amount specified in subsection (b), the
allocation shall be ratably reduced for each State.
SEC. 6. REPORTING.
The State educational agency shall submit a report to the Secretary
beginning one year after the date of the enactment of this Act and each
subsequent year that describes the number of students served and the
activities supported with funds provided under this Act. The report
shall include a description of the measures taken to comply with the
accountability requirements of section 4.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) The term ``gifted and talented'' has the meaning such
term has under State law or as such term is defined by the
State or local educational agency, or in the case of a State
that does not have a law that defines the term and the State or
local educational agency has not defined the term, the term has
the meaning given such term under section 14101(16) of the
Elementary and Secondary Education Act (20 U.S.C. 8801(16)).
(2) The term ``Secretary'' means the Secretary of
Education.
(3) The term ``State'' means each of the 50 States and the
District of Columbia.
(4) The term ``State educational agency'' has the same
meaning given such term under section 14101(28) of the
Elementary and Secondary Education Act (20 U.S.C. 8801(28)).
SEC. 8. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated $160,000,000 to carry out
this Act for each of the fiscal years 1999, 2000, 2001, 2002, and 2003. | Gifted and Talented Students Education Act of 1998 - Authorizes the Secretary of Education to make grants to States for use by public schools to develop or expand gifted and talented education programs through one or more of the following activities: (1) professional development programs; (2) technical assistance; (3) innovative programs and services; and (4) emerging technologies, including distance learning.
Sets forth requirements for grant applications, allotment to States, and reporting.
Authorizes appropriations. | {"src": "billsum_train", "title": "Gifted and Talented Students Education Act of 1998"} | 1,682 | 100 | 0.488251 | 1.24491 | 0.609203 | 4.851064 | 17.37234 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SNAP Standard Medical Expense
Deduction Act of 2017''.
SEC. 2. STANDARD MEDICAL EXPENSE DEDUCTION.
Section 5(e)(5) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(5)) is amended--
(1) in the paragraph heading, by striking ``Excess
medical'' and inserting ``Medical'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) Standard medical deduction.--
``(i) In general.--Subject to clause (ii),
a household containing an elderly or disabled
member shall be entitled, with respect to
expenses other than expenses paid on behalf of
the household by a third party--
``(I) if the amount of actual costs
of allowable medical expenses incurred
by the elderly or disabled member for a
month, exclusive of special diets, is
equal to or greater than $35, to a
standard medical deduction for each
month of an amount equal to--
``(aa) for fiscal year
2018, $140; and
``(bb) for fiscal year 2019
and each subsequent fiscal
year, the applicable amount
during the preceding fiscal
year, as adjusted to reflect
changes for the 12-month period
ending the preceding June 30 in
the Consumer Price Index for
All Urban Consumers: Medical
Care published by the Bureau of
Labor Statistics of the
Department of Labor; or
``(II) if the amount of actual
costs of allowable medical expenses
incurred by the elderly or disabled
member for a month, exclusive of
special diets, is greater than the sum
of the amount of that standard medical
deduction and $35, to a deduction equal
to the amount of those actual costs.
``(ii) Effect on state authority to adjust
standard medical deduction.--Nothing in this
subparagraph precludes--
``(I) a State that has an approved
standard medical deduction as of the
date of enactment of the SNAP Standard
Medical Expense Deduction Act of 2017
in an amount that is greater than the
amount of the standard medical
deduction described in item (aa) or
(bb) of clause (i)(I), as applicable,
from continuing in effect that standard
medical deduction; or
``(II) the Secretary from approving
a standard medical deduction in an
amount that is greater than the amount
of the standard medical deduction
described in item (aa) or (bb) of
clause (i)(I), as applicable.''; and
(3) in subparagraph (B)--
(A) in the subparagraph heading, by inserting
``actual costs'' before ``deduction''; and
(B) in clause (i), by striking ``excess medical
expense deduction'' and inserting ``actual costs
deduction described in clause (i)(II) of that
subparagraph''.
SEC. 3. REPORTS AND STUDIES.
(a) State Performance on Enrolling Eligible Seniors and Individuals
With Disabilities in Low-Income Health and Nutrition Benefits.--Section
17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended by
adding at the end the following:
``(m) State Performance on Enrolling Eligible Seniors and
Individuals With Disabilities in Low-Income Health and Nutrition
Benefits.--
``(1) Definitions.--In this subsection:
``(A) Covered program.--The term `covered program'
means--
``(i) the supplemental nutrition assistance
program;
``(ii) the Medicare part D low-income
subsidy under section 1860D-14 of the Social
Security Act (42 U.S.C. 1395w-114); and
``(iii) the Medicare Savings Program, as
defined in section 1144(c)(7) of the Social
Security Act (42 U.S.C. 1320b-14(c)(7)).
``(B) Disabled individual.--The term `disabled
individual' means a member of a household described in
any of paragraphs (2) through (7) of section 3(j).
``(C) Elderly individual.--The term `elderly
individual' means a member of a household who is not
less than 60 years old.
``(2) Reports.--
``(A) In general.--Not later than June 30, 2018,
and June 30 of each year thereafter, the Secretary, in
collaboration with the Secretary of Health and Human
Services and the Commissioner of Social Security, shall
submit to the committees described in subparagraph (B)
a report that assesses the effectiveness of each State
in enrolling eligible elderly individuals and disabled
individuals in each covered program.
``(B) Committees described.--The committees
referred to in subparagraph (A) are--
``(i) of the House of Representatives--
``(I) the Committee on Agriculture;
``(II) the Committee on Ways and
Means; and
``(III) the Committee on Energy and
Commerce; and
``(ii) of the Senate--
``(I) the Committee on Agriculture,
Nutrition, and Forestry; and
``(II) the Committee on Finance.
``(3) Specific measures.--The report submitted under
paragraph (2)(A) shall include, with respect to the previous
fiscal year--
``(A) an estimate of the number of elderly
individuals and the number of disabled individuals, by
State, who were eligible for each covered program;
``(B) an estimate of the number of elderly
individuals and the number of disabled individuals, by
State, who participated in each covered program;
``(C) an estimate of the number of elderly
individuals and the number of disabled individuals who
were eligible for all 3 covered programs;
``(D) an estimate of the number of elderly
individuals and the number of disabled individuals who
participated in all 3 covered programs; and
``(E) an estimate of--
``(i) the number of individuals whose
eligibility for each covered program was
initiated through an application with the
Social Security Administration;
``(ii) the number of individuals described
in clause (i) who qualified for each covered
program; and
``(iii) the number of individuals described
in clause (i) who participated in each covered
program.
``(4) Performance innovations.--The report submitted under
paragraph (2)(A) shall include a description of best practices
of 1 or more States with the best performances for that fiscal
year, or the most improved performances from the previous
fiscal year, under each of the measures described in paragraph
(3).''.
(b) Studies on Disability and Food Insecurity.--Section 17 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2026) (as amended by
subsection (a)) is amended by adding at the end the following:
``(n) Studies on Disability and Food Insecurity.--
``(1) Definition of disabled individual.--
``(A) In general.--In this subsection, the term
`disabled individual' means a member of a household
described in any of paragraphs (2) through (7) of
section 3(j).
``(B) Inclusions.--In this subsection, the term
`disabled individual' includes a member of a household
who, as determined by the Secretary--
``(i) is not considered disabled under
subparagraph (A); but
``(ii) has a physical, mental, or sensory
condition that limits the daily activities of
the individual.
``(2) Studies.--The Secretary--
``(A) shall carry out a study--
``(i) on the relationship between
disability and food insecurity for disabled
individuals;
``(ii) on the effectiveness of Federal food
assistance programs in responding to the causes
of food insecurity in households with disabled
individuals; and
``(iii) making recommendations for how
Federal food assistance programs could be
improved to better meet the needs of households
with disabled individuals; and
``(B) in collaboration with the Civil Rights
Division of the Department of Justice, shall carry out
a study on the best practices of States in complying
with--
``(i) section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794) and the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) regarding practices to avoid
discrimination on the basis of disability, such
as through provision of reasonable
accommodations, in carrying out Federal food
assistance programs; and
``(ii) section 508 of the Rehabilitation
Act of 1973 (29 U.S.C. 794d) regarding the
comprehensive use of adaptive technologies for
disabled individuals in accessing Federal food
assistance programs.
``(3) Report.--Not later than 1 year after the date on
which the studies are completed under paragraph (2), the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing the
results of the studies, including such recommendations as the
Secretary considers appropriate.''.
(c) Report on Standard Medical Deduction.--Section 17 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2026) (as amended by subsection
(b)) is amended by adding at the end the following:
``(o) Report on Standard Medical Deduction.--Not later than 2 years
after the date of enactment of the SNAP Standard Medical Expense
Deduction Act of 2017, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that--
``(1) identifies which States were most effective at
increasing the use by individuals in the State of the standard
medical deduction authorized under section 5(e)(5)(A) during
the period covered by the report; and
``(2) provides an assessment of which factors were
important in increasing the use of the standard medical
deduction by individuals in the States identified under
paragraph (1).''. | SNAP Standard Medical Expense Deduction Act of 2017 This bill amends the Food and Nutrition Act of 2008 to allow households containing an elderly or disabled member to use a standard medical expense deduction for calculating income to apply for Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) benefits. If the amount of actual costs of allowable medical expenses incurred by the elderly or disabled member for a month, exclusive of special diets, is equal to or greater than $35, the standard medical deduction for each month is: (1) $140 for FY2018, and (2) the preceding year's amount with a specified adjustment for inflation for FY2019 and each subsequent year. If the monthly costs are greater than the sum of the standard medical deduction and $35, the household may deduct the actual costs. The Department of Agriculture (USDA) may approve a standard medical deduction that is higher than the amount required by this bill. USDA must submit specified studies and reports to Congress regarding: (1) state performance in enrolling disabled and elderly individuals in SNAP and specified Medicare programs, (2) disability and food insecurity, and (3) the effectiveness of the standard medical deduction. | {"src": "billsum_train", "title": "SNAP Standard Medical Expense Deduction Act of 2017"} | 2,256 | 247 | 0.70616 | 1.99386 | 0.748663 | 2.991416 | 8.901288 | 0.871245 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Bioterrorism
Countermeasures Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the events of September 11, 2001, have heightened
awareness of the threat of acts of bioterrorism, including
attacks directed at the domestic food supply and underlying
agriculture;
(2) evidence of access to and rudimentary experiments with
chemical and biological agents and the reported interest in the
operation of cropdusting aircraft point to possible terrorist
intent to use biological or chemical weapons;
(3) an attack of agricultural bioterrorism would pose
serious challenges such as--
(A) hazards to human health;
(B) erosion of public confidence in the safety of
the domestic food supply; and
(C) damage to the economy;
(4) it is important to develop short- and long-term
strategies and supporting technology to more effectively and
efficiently protect the domestic food supply from acts of
bioterrorism;
(5) a program of ongoing research and development is
required to reduce the vulnerability of plant and animal
agriculture and the food supply; and
(6) it is critical to bring Federal, academic, and private
sector capacities to bear on the threat of agricultural
bioterrorism.
(b) Purposes.--The purposes of this Act are--
(1) to strengthen the research and development capacity of
the United States to respond to the threat of agricultural
bioterrorism;
(2) to promote the collaboration between the Federal,
academic, and private sectors in addressing agricultural
bioterrorism; and
(3) to strengthen the capacity of regulatory agencies to
prepare for, respond to, and mitigate the consequences of a
bioterrorist attack.
SEC. 3. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 4. INTRAMURAL AGRICULTURAL BIOTERRORISM RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary shall expand Agricultural Research
Service programs to protect the domestic food supply by--
(1) enhancing the capability to respond immediately to the
needs of regulatory agencies involved in protecting the food
supply;
(2) cooperating with academic and private sector partners
to maximize the impact of research and development;
(3) strengthening linkages with the intelligence community
to better identify research needs and evaluate acquired
materials;
(4) expanding the involvement of the Agricultural Research
Service with international organizations dealing with plant and
animal disease control; and
(5) taking other appropriate measures.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $140,000,000 for each of fiscal
years 2003 through 2007.
SEC. 5. CONSORTIUM FOR COUNTERMEASURES AGAINST AGRICULTURAL
BIOTERRORISM.
(a) Establishment.--The Secretary shall establish a Consortium for
Countermeasures Against Agricultural Bioterrorism to help form stable
long-term programs of research, development, and evaluation of options
to enhance the biosecurity of United States agriculture.
(b) Membership.--
(1) In general.--The Consortium shall be comprised of
institutions of higher education positioned to partner with
Federal agencies to address agricultural bioterrorism.
(2) Designation.--The Secretary shall designate for
membership in the Consortium--
(A) 3 institutions of higher education that are
national centers for countermeasures against
agricultural bioterrorism; and
(B) not more than 7 additional institutions of
higher education with existing programs relating to
agricultural bioterrorism.
(3) National centers.--The national centers shall be
selected using the following criteria:
(A) Co-location of Department of Agriculture
laboratories or training centers on member campuses.
(B) Demonstrated expertise in the area of plant and
animal diseases.
(C) Strong linkages with animal and plant
diagnostic laboratories.
(D) Close coordination with State cooperative
extension programs that work in cooperation with
industry, farm and commodity organizations, and
regulatory agencies.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2003 through 2007.
SEC. 6. AGRICULTURAL BIOTERRORISM COMPETITIVE RESEARCH GRANTS.
(a) In General.--The Secretary shall enhance the National Research
Initiative of the Competitive Grants Program of the Cooperative State
Research, Education, and Extension Service by awarding grants focused
on the science and technology needed to protect against and deal with
acts of bioterrorism directed at the domestic food supply and
agriculture.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2003 through 2007.
SEC. 7. EXPANSION OF ANIMAL AND PLANT HEALTH INSPECTION SERVICE
ACTIVITIES.
(a) In General.--The Secretary shall enhance and expand the
capacity of the Animal and Plant Health Inspection Service by--
(1) increasing inspection capacity at international points
of origin;
(2) improving surveillance at ports of entry and customs;
(3) enhancing methods of protecting against introduction of
plant and animal disease organisms by terrorists;
(4) adopting new strategies and technology for dealing with
outbreaks of plant and animal disease arising from acts of
terrorism or from unintentional introduction, including--
(A) establishing cooperative agreements among
Veterinary Services of the Animal and Plant Health
Inspection Service, State animal health commissions and
regulatory agencies for livestock and poultry health,
and private veterinary practitioners to enhance the
preparedness and ability of Veterinary Services and the
commissions and agencies to respond to outbreaks of
such animal diseases; and
(B) strengthen the planning and coordination with
State and local agencies, including--
(i) State animal health commissions and
regulatory agencies for livestock and poultry
health; and
(ii) State agriculture departments; and
(5) strengthening the planning and coordination with
relevant State and local agencies, including--
(A) State animal health commissions and regulatory
agencies for livestock and poultry health; and
(B) State agriculture departments; and
(6) taking other appropriate measures.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $140,000,000 for each of fiscal
years 2003 through 2007.
SEC. 8. EXPANSION OF FOOD SAFETY INSPECTION SERVICE ACTIVITIES.
(a) In General.--The Secretary shall enhance and expand the
capacity of the Food Safety Inspection Service by--
(1) enhancing the ability to inspect and ensure the safety
and wholesomeness of meat and poultry products;
(2) developing new methods for rapid detection and
identification of diseases and other hazardous agents;
(3) applying new technologies to improve ante mortem and
post mortem inspection procedures;
(4) improving the capacity to inspect international meat
and poultry products at points of origin and at ports of entry;
and
(5) strengthening collaboration among agencies within the
Department of Agriculture and in other parts of Federal and
State government through the sharing of information and
technology.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $140,000,000 for each of fiscal
years 2003 through 2007. | Agricultural Bioterrorism Countermeasures Act of 2001 - Directs the Secretary of Agriculture, with respect to bioterrorism countermeasures, to: (1) expand Agricultural Research Service programs to protect the domestic food supply; (2) establish a Consortium for Countermeasures Against Agricultural Bioterrorism comprised of institutions of higher education in partnership with Federal agencies to develop long-term biosecurity programs; (3) enhance the National Research Initiative of the Competitive Grants Program of the Award Grants Program of the Cooperative State Research, Education, and Extension Service by awarding grants for bioterrorism protective measures; and (4) expand the capacities of the Animal and Plant Health Inspection Service and the Food Safety Inspection Service.Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish a coordinated program of science-based countermeasures to address the threats of agricultural bioterrorism."} | 1,527 | 150 | 0.659576 | 1.888617 | 0.784377 | 4.195313 | 11.15625 | 0.945313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southeast Alaska Timber Industry
Retooling and Restructuring Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to assist entities involved in the
timber industry in Alaska--
(1) to deal with the adverse impacts of Federal timber
policy;
(2) to facilitate the economic adjustment of those
entities; and
(3) to retain jobs and lessen the impact of unemployment in
communities where those entities are located.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal timber policy.--The term ``Federal timber
policy'' means any law or regulation of the United States
relating to the timber industry, including any policy of the
United States Forest Service and any land management plans
related to the timber industry.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. GRANTS AUTHORIZED.
The Secretary, through an economic development program carried out
by the Chief of the Forest Service, may provide grants to eligible
entities described in section 5 for retooling projects described in
section 6.
SEC. 5. ELIGIBLE ENTITIES DESCRIBED.
An eligible entity described in this section is any entity,
including sawmills, logging companies, and road construction companies,
that--
(1) operated in the timber industry in Alaska on January 1,
2009; and
(2) prior to the date described in paragraph (1), operated
in the timber industry in Alaska for not less than 10 years.
SEC. 6. RETOOLING PROJECTS DESCRIBED.
(a) In General.--A retooling project described in this section is a
project designed to facilitate the economic adjustment of an eligible
entity by allowing the eligible entity--
(1) to improve or alter the business and practices of the
eligible entity to allow the eligible entity to become more
competitive within the timber industry; or
(2) to shift to a type of business that is not related to
the timber industry.
(b) Additional Requirement.--An eligible entity seeking a grant for
a retooling project shall commit, to the extent practicable, to
continue to employ substantially the same number of employees employed
by the eligible entity on January 1, 2009, for a reasonable period
after the completion of the retooling project, as determined by the
Secretary.
SEC. 7. APPLICATION PROCESS.
(a) In General.--An eligible entity seeking a grant under this Act
shall submit an application to the Secretary in such form and in such
manner as the Secretary considers appropriate.
(b) Contents.--An application submitted under subsection (a) shall
include--
(1) a description of the retooling project for which the
eligible entity is seeking a grant;
(2) a business plan and budget, including start-up costs,
for the retooling project; and
(3) a demonstration of the likelihood of success of the
retooling project.
(c) Approval.--Not later than 30 days after the date on which the
Secretary receives an application under subsection (a) from an eligible
entity, the Secretary shall determine whether to award a grant to the
eligible entity.
(d) Denial.--If the Secretary determines not to award a grant to an
eligible entity that submitted an application under subsection (a), the
Secretary shall afford the eligible entity a reasonable opportunity to
address any deficiencies in the application.
SEC. 8. AMOUNT OF GRANT.
(a) In General.--Not later than 30 days after the date on which the
Secretary determines to award a grant to an eligible entity, the
Secretary shall--
(1) approve the business plan and the budget for the
retooling project of the eligible entity; and
(2) determine the amount of the grant to award the eligible
entity.
(b) Determination.--In determining the amount of the grant to award
to an eligible entity, the Secretary shall consider the budget for the
retooling plan approved under subsection (a)(1). The amount of the
grant--
(1) shall cover 75 percent of the cost of the budget, not
including any debt reimbursement costs; and
(2) may cover up to 100 percent of the cost of the budget
if the Secretary determines appropriate based on the extent of
unemployment in the community in which the retooling project
will be based.
SEC. 9. USE OF GRANT FUNDS.
(a) In General.--An eligible entity receiving a grant under this
Act--
(1) may use the grant--
(A) to pay for start-up costs necessary for the
retooling project, including equipment, worker
training, facility acquisition, technical assistance,
and raw materials; and
(B) to reimburse the eligible entity for the
unamortized portion of debt described in subsection
(b); and
(2) may not use the grant for the ongoing operational and
maintenance costs of the eligible entity.
(b) Reimbursement of Debt.--
(1) In general.--An eligible entity may use a grant under
this Act for the reimbursement of debt under subsection
(a)(1)(B), without regard to whether the debt is held by
Federal or private lenders, if--
(A) the eligible entity demonstrates that the debt
was incurred--
(i) to acquire or improve infrastructure or
equipment related to the timber industry,
including sawmills, logging equipment, and road
construction equipment, as a result of Federal
timber policy; and
(ii) on or after January 1, 1998, and
before January 1, 2009; and
(B) the lender certifies and notarizes the amount
of unamortized debt.
(2) Reduction.--The amount of a grant to be used for the
reimbursement of debt under subsection (a)(1)(B) shall be
reduced by the amount of any proceeds from the sale by the
eligible entity of any infrastructure or equipment described in
paragraph (1)(A).
SEC. 10. DURATION OF GRANT PROGRAM.
The grant program under this Act shall be carried out during the 2-
year period beginning on the date on which the Secretary prescribes the
regulations under section 12.
SEC. 11. TREATMENT AS A MINORITY SMALL BUSINESS CONCERN UNDER THE SMALL
BUSINESS ACT.
Notwithstanding any other provision of law, an eligible entity
receiving a grant under this Act shall be treated as a small business
concern owned or controlled by socially and economically disadvantaged
individuals (as that term is defined in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C))) for purposes of the Small
Business Act (15 U.S.C. 631 et seq.) for 3 years after the date on
which the Secretary approves the application of the eligible entity for
a grant under section 7.
SEC. 12. REGULATIONS.
Not later than 120 days after the date of the enactment of this
Act, the Secretary shall prescribe regulations to carry out the grant
program under this Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
$40,000,000 to carry out the grant program under this Act for fiscal
years 2010 and 2011. | Southeast Alaska Timber Industry Retooling and Restructuring Act - Establishes a two-year grant program for retooling projects that are designed to facilitate the economic adjustment of specified timber entities by allowing them to: (1) improve or alter their business and practices to become more competitive within the timber industry; or (2) shift to a type of business that is not related to the timber industry.
Authorizes the Secretary of Agriculture to provide grants under such program to any entity that operated in the timber industry in Alaska on January 1, 2009, that, prior to such date, operated in Alaska for not less than 10 years.
Sets forth provisions concerning eligible uses of grant funding.
Treats a grant recipient as a small business concern owned or controlled by socially and economically disadvantaged individuals (as that term is defined in the Small Business Act) for three years after the grant was approved. | {"src": "billsum_train", "title": "A bill to establish a grant program to encourage retooling of entities in the timber industry in Alaska, and for other purposes."} | 1,572 | 186 | 0.706281 | 2.068717 | 0.925817 | 4.666667 | 8.426901 | 0.912281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Student Loan Certainty
Act''.
SEC. 2. INTEREST RATES.
(a) Interest Rate Provisions and Disclosures.--Section 455 of the
Higher Education Act of 1965 (20 U.S.C. 1087e) is amended--
(1) in subsection (b)(7)(C), by inserting ``and before July
1, 2013,'' after`` July 1, 2006,''; and
(2) by adding at the end of the following:
``(E) Interest rate provisions for new loans on or
after july 1, 2013.--
``(i) Federal direct stafford loans,
federal direct unsubsidized stafford loans, and
federal direct plus loans.--
``(I) In general.--Notwithstanding
the preceding paragraphs of this
subsection or subparagraph (A) or (B),
for Federal Direct Stafford Loans,
Federal Direct Unsubsidized Stafford
Loans, and Federal Direct PLUS Loans
for which the first disbursement is
made on or after July 1, 2013, the
applicable rate of interest shall, for
loans disbursed during any 12-month
period beginning on July 1 and ending
on June 30, be determined on the
preceding June 1 and be equal to--
``(aa) the bond equivalent
rate of 10-year Treasury bills
auctioned at the final auction
held prior to such June 1; plus
``(bb)(AA) 1.85 percent for
Federal Direct Stafford Loans
and Federal Direct Unsubsidized
Stafford Loans for
undergraduate students;
``(BB) 3.4 percent for
Federal Direct Unsubsidized
Stafford Loans for graduate
students; and
``(CC) 4.4 percent for
Federal Direct PLUS Loans.
``(II) Consultation.--The Secretary
shall determine the applicable rates of
interest under this clause after
consultation with the Secretary of the
Treasury and shall publish such rate in
the Federal Register on or before June
5 preceding the award year for which
the rate is determined.
``(III) Rate.--The applicable rate
of interest determined under subclause
(I) for a Federal Direct Stafford Loan,
a Federal Direct Unsubsidized Stafford
Loan, or a Federal Direct PLUS Loan
shall be fixed for the period of the
Loan.
``(ii) Consolidation loans.--Any Federal
Direct Consolidation Loan for which the
application is received on or after July 1,
2013, shall bear interest at an annual rate on
the unpaid principal balance of the loan that
is equal to the lesser of--
``(I) the weighted average of the
interest rates on the loans
consolidated, rounded to the nearest
higher one-eighth of one percent; or
``(II) 8.25 percent.''.
(b) Exit Counseling Requirement.--Section 485(b)(1)(A)(vii) is
amended--
(1) by redesignating subclauses (III) and (IV) as
subclauses (VI) and (VII), respectively; and
(2) by inserting after subclause (II) the following:
``(III) the borrower's options for
loan consolidation;
``(IV) information about the
income-based repayment plan under
section 493C, including information
about capped monthly payments and loan
forgiveness under such plan;
``(V) information about Federal
Direct Consolidation Loans, which for
applications received on or after July
1, 2013, have a maximum interest rate
of 8.25 percent, as described under
section 455(b)(7)(E)(ii)''.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to provide the Secretary of
Education with the authority to require, or promulgate regulations
requiring, new counseling not otherwise required by section 2, and the
amendments made by such section, or the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.).
SEC. 4. DETERMINATION OF 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. | Bipartisan Student Loan Certainty Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to set the annual interest rate on Direct Loans at the bond equivalent rate on 91-day Treasury bills plus: (1) 1.85% for Direct Stafford Loans and Direct Unsubsidized Stafford Loans for undergraduate students, (2) 3.4% for Direct Unsubsidized Stafford Loans for graduate students, and (3) 4.4% for Direct PLUS Loans. Fixes the interest rate on such loans for the period of the loan. Sets the annual interest rate on the unpaid principle balance of Direct Consolidation Loans at the lesser of: (1) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of 1%; or (2) 8.25%. Makes these interest rate provisions applicable to loans first disbursed on or after July 1, 2013. Requires institutions of higher education (IHEs) to provide student borrowers of title IV loans, prior to or at the time of their departure from school, with information regarding: (1) their options for loan consolidation; (2) the income-based repayment plan, including information about capped monthly payments and loan forgiveness under the plan; and (3) Direct Consolidation Loans. | {"src": "billsum_train", "title": "Bipartisan Student Loan Certainty Act"} | 982 | 271 | 0.652415 | 1.963285 | 0.923675 | 2.469388 | 3.567347 | 0.885714 |
SECTION 1. RURAL EDUCATION.
(a) Rural Education Initiative.--Part J of title X of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 8271 et seq.)
is amended--
(1) by redesignating section 10975 as section 10976; and
(2) by striking sections 10971 through 10974, and inserting
the following:
``SEC. 10971. SHORT TITLE.
``This subpart may be cited as the ``Rural Education Initiative
Act''.
``SEC. 10972. FINDINGS.
``Congress makes the following findings:
``(1) Under Federal law there is no consistent definition
of rural schools.
``(2) Rural school districts do not benefit as much as the
school districts could from Federal education funding because
the unique needs of rural school districts do not necessarily
fit the categorical Federal formula programs.
``(3) Rural schools often cannot compete for Federal
funding distributed by competitive grants because the schools
lack the personnel needed to prepare grant applications and the
resources to hire specialists in the writing of Federal grant
proposals.
``(4) Small school districts with fewer than 600 students
often cannot use Federal grant funds distributed by formula
because the formula allocation does not provide enough revenue
to carry out the program the grant is intended to fund.
``SEC. 10973. FORMULA GRANT PROGRAM AUTHORIZED.
``(a) Alternative Uses.--
``(1) In general.--Notwithstanding any other provision of
law, an eligible local educational agency may use the
applicable funding, that the agency is eligible to receive from
the State educational agency for a fiscal year, to support
local or statewide education reform efforts intended to improve
the achievement of elementary school and secondary school
students and the quality of instruction provided for the
students.
``(2) Notification.--An eligible local educational agency
shall notify the State educational agency of the local
educational agency's intention to use the applicable funding in
accordance with paragraph (1) not later than a date that is
established by the State educational agency for the
notification.
``(b) Eligibility.--A local educational agency shall be eligible to
use the applicable funding in accordance with subsection (a) if--
``(1) the total number of students in average daily
attendance at all of the schools served by the local
educational agency is less than 600; and
``(2) all of the schools served by the local educational
agency are located in a community with a Rural-Urban Continuum
Code of 6, 7, 8, or 9, as determined by the Secretary of
Agriculture.
``(c) Applicable Funding.--In this section, the term ``applicable
funding'' means funds provided under each of the following provisions
of law:
``(1) Section 307 of the Department of Education
Appropriations Act, 1999.
``(2) Titles II, IV, and VI.
``(d) Disbursal.--Each State educational agency that receives
applicable funding for a fiscal year shall disburse the applicable
funding to local educational agencies for alternative uses under this
section for the fiscal year at the same time that the State educational
agency disburses the applicable funding to local educational agencies
that do not intend to use the applicable funding for such alternative
uses for the fiscal year.
``(e) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant any other Federal,
State or local education funds.
``(f) Special Rule.--References in Federal law to funds for the
provisions of law set forth in subsection (c) may be considered to be
references to funds for this section.
``SEC. 10974. COMPETITIVE GRANT PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
eligible local educational agencies to enable the local educational
agencies to support local or statewide education reform efforts
intended to improve the achievement of elementary school and secondary
school students and the quality of instruction provided for the
students.
``(b) Eligibility.--A local educational agency shall be eligible to
receive a grant under this section if--
``(1) the total number of students in average daily
attendance at all of the schools served by the local
educational agency is less than 600; and
``(2) all of the schools served by the local educational
agency are located in a community with a Rural-Urban Continuum
Code of 6, 7, 8, or 9, as determined by the Secretary of
Agriculture.
``(c) Amount.--
``(1) In general.--The Secretary shall award a grant to a
local educational agency under this section for a fiscal year
in an amount equal to the amount determined under paragraph (2)
for the fiscal year minus the total amount received under the
provisions of law described under section 10973(c) for the
fiscal year.
``(2) Determination.--The amount referred to in paragraph
(1) is as follows:
``(A) If the number of children in average daily
attendance at the schools served by such agency is
greater than 0 and less than 50, then the amount is
$20,000.
``(B) If the number of such children is greater
than or equal to 50 and less than 150, then the amount
is $30,000.
``(C) If the number of such children is greater
than or equal to 150 and less than 300, then the amount
is $40,000.
``(D) If the number of such children is greater
than or equal to 300 and less than 450, then the amount
is $50,000.
``(E) If the number of such children is greater
than or equal to 450 and less than 600, then the amount
is $60,000.
``(3) Census determination.--
``(A) In general.--Each local educational agency
desiring a grant under this section shall conduct a
census not later than December 1 of each year to
determine the number of kindergarten through grade 12
students in average daily attendance at the schools
served by the local educational agency.
``(B) Submission.--Each local educational agency
shall submit the number described in subparagraph (A)
to the Secretary not later than March 1 of each year.
``(4) Penalty.--If the Secretary determines that a local
educational agency has knowingly submitted false information
under paragraph (3) for the purpose of gaining additional funds
under this section, then the local educational agency shall be
fined an amount equal to twice the difference between the
amount the local educational agency received under this
section, and the correct amount the local educational agency
would have received under this section if the agency had
submitted accurate information under paragraph (3).
``(d) Disbursal.--The Secretary shall disburse the funds awarded to
a local educational agency under this section for a fiscal year not
later than July 1 of that year.
``(e) Special Rule.--Any local educational agency that receives a
grant under this section for a fiscal year shall be ineligible to
receive funds for the fiscal year under the following provisions of
law:
``(1) Subpart 2 of part A of title III.
``(2) Subpart 1 of part A of title VII.
``(3) Subpart 2 of part A of title VII.
``(4) Section 7142.
``(5) Part A of title X.
``(6) Part B of title X.
``(7) Part I of title X.
``(f) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant any other Federal,
State or local education funds.
``SEC. 10975. ACCOUNTABILITY.
``(a) Academic Achievement.--
``(1) In general.--Each local educational agency that uses
or receives funds under section 10973 or 10974 for a fiscal
year shall--
``(A) administer a test, that is used Statewide, to
assess the academic achievement of students in the
schools served by the local educational agency; or
``(B) in the case of a local educational agency for
which there is no Statewide test described in
subparagraph (A), administer a test, that is selected
by the local educational agency, to assess the academic
achievement of students in the schools served by the
local educational agency.
``(2) Special rule.--Each local educational agency that
uses or receives funds under section 10973 or 10974 shall use
the same test described in paragraph (1) for each year of
participation in the program under such section.
``(b) State Educational Agency Determination Regarding Continuing
Participation.--Each State educational agency that receives funding
under the provisions of law described in section 10973(c) shall--
``(1) after the 5th year that a local educational agency
participates in a program under section 10973 or 10974 and on
the basis of the results of the tests described in subsection
(a), determine whether the students served by the local
educational agency participating in the program performed
better on the tests after the 5th year of the participation
compared to the results on the tests after the 1st year of the
participation;
``(2) only permit those local educational agencies that so
participated and performed better on the tests to continue to
so participate for an additional period of 5 years; and
``(3) prohibit those local educational agencies that so
participated and did not perform better on the tests from such
participation for a period of 5 years from the date of the
determination.''.
(b) Conforming Amendments.--Part J of title X of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8271 et seq.) is amended--
(1) in section 10951 (20 U.S.C. 8271)--
(A) in subsections (a)(1) and (b), by striking
``1995'' and inserting ``2000''; and
(B) in subsections (a)(1), (a)(3), and (b), by
striking ``10975'' and inserting ``10976'';
(2) in section 10952 (20 U.S.C. 8272)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph
(4);
(3) in the heading for subpart 2, by striking
``Demonstration Grants'' and inserting ``Initiative''; and
(4) in section 10976 (as redesignated by subsection
(a)(1)), by adding at the end the following:
``(d) Rural Eligible Local Educational Agency.--The term `rural
eligible local educational agency' means a local educational agency--
``(1)(A) in which at least 15 percent of the children
enrolled in the schools served by such agency are eligible to
be counted under part A of title I; and
``(B) which is not in a metropolitan statistical area; or
``(2) in which the total enrollment in the schools served
by such agency is less than 2,500 students and that does not
serve schools located in a metropolitan statistical area.''. | Rural Education Initiative Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish Rural Education Initiative (REI) programs under subpart 2 of part J (Urban and Rural Education Assistance) of title X (Programs of National Significance). (Replaces current subpart 2 provisions for demonstration grants for rural education, but retains provisions for higher education grants partnerships for rural education.)
(Sec. 1) Makes a local educational agency (LEA) eligible for REI alternative use formula grants and competitive grants if: (1) the total number of students in average daily attendance at all of the schools served by the LEA is less than 600; and (2) all of the schools served by the LEA are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture.
Provides, under the alternative use formula grant program, that an eligible LEA may use applicable funding that it is eligible to receive from the State educational agency (SEA) for a fiscal year to support local or statewide education reform efforts intended to improve the achievement of elementary school and secondary school students and the quality of instruction provided for the students. Defines applicable funding as that received under: (1) specified provisions of the Department of Education Appropriations Act, 1999; (2) ESEA title II (Dwight D. Eisenhower Professional Development Program); (3) ESEA title IV (Safe and Drug-Free Schools and Communities); and (4) ESEA title VI (Innovative Education Program Strategies). Requires each SEA receiving applicable funding to disburse it to LEAs for alternative uses at the same times it disburses it to LEAs that do not intend to use it for alternative uses for that fiscal year.
Authorizes the Secretary of Education to award competitive grants to eligible LEAs to support local or statewide education reform efforts intended to improve the achievement of elementary school and secondary school students and the quality of instruction provided for the students. Sets forth formulas for determining the amounts of such grants, based on numbers of children in average daily attendance at schools served by the LEAs, minus amounts received under applicable funding. Makes LEAs that receive such competitive grants ineligible for funds under specified ESEA programs.
Sets forth accountability provisions. Requires LEAs that receive REI alternative use formula grants or competitive grants to administer tests to assess the academic achievement of students in their schools. Requires each SEA that receives applicable funding to: (1) determine, after the fifth year of an LEA's participation in either REI grant program, whether the LEA's students are performing better on such tests than after the first year of participation; (2) only permit LEAs that perform better to continue to participate for an additional five years; and (3) prohibit LEAs that do not perform better from participating for five years from the date of determination.
Authorizes appropriations through FY 2004 for the following ESEA title X part J programs: (1) the REI program established by this Act; (2) higher education grants partnerships for rural education; and (3) Urban Education Demonstration Grants. | {"src": "billsum_train", "title": "Rural Education Initiative Act"} | 2,440 | 686 | 0.640551 | 1.816936 | 0.741861 | 3.654605 | 3.789474 | 0.851974 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Ownership, Readiness, and
Knowledge Act'' or the ``WORK Act''.
SEC. 2. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE.
(a) Definitions.--In this section:
(1) Existing program.--The term ``existing program'' means
a program, designed to promote employee ownership and employee
participation in business decisionmaking, that exists on the
date the Secretary is carrying out a responsibility authorized
by this section.
(2) Initiative.--The term ``Initiative'' means the Employee
Ownership and Participation Initiative established under
subsection (b).
(3) New program.--The term ``new program'' means a program,
designed to promote employee ownership and employee
participation in business decisionmaking, that does not exist
on the date the Secretary is carrying out a responsibility
authorized by this section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor, acting through the Assistant Secretary for Employment
and Training.
(5) State.--The term ``State'' means any of the 50 States
within the United States.
(b) Employee Ownership and Participation Initiative.--
(1) Establishment.--The Secretary of Labor shall establish
within the Employment and Training Administration of the
Department of Labor an Employee Ownership and Participation
Initiative to promote employee ownership and employee
participation in business decisionmaking.
(2) Functions.--In carrying out the Initiative, the
Secretary shall--
(A) support within the States existing programs
designed to promote employee ownership and employee
participation in business decisionmaking; and
(B) facilitate within the States the formation of
new programs designed to promote employee ownership and
employee participation in business decisionmaking.
(3) Duties.--To carry out the functions enumerated in
paragraph (2), the Secretary shall--
(A) support new programs and existing programs by--
(i) making Federal grants authorized under
subsection (d); and
(ii)(I) acting as a clearinghouse on
techniques employed by new programs and
existing programs within the States, and
disseminating information relating to those
techniques to the programs; or
(II) funding projects for information
gathering on those techniques, and
dissemination of that information to the
programs, by groups outside the Employment and
Training Administration; and
(B) facilitate the formation of new programs, in
ways that include holding or funding an annual
conference of representatives from States with existing
programs, representatives from States developing new
programs, and representatives from States without
existing programs.
(c) Programs Regarding Employee Ownership and Participation.--
(1) Establishment of program.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
establish a program to encourage new programs and existing
programs within the States to foster employee ownership and
employee participation in business decisionmaking throughout
the United States.
(2) Purpose of program.--The purpose of the program
established under paragraph (1) is to encourage new programs
and existing programs within the States that focus on--
(A) providing education and outreach to inform
employees and employers about the possibilities and
benefits of employee ownership, business ownership
succession planning, and employee participation in
business decisionmaking, including providing
information about financial education, employee teams,
open-book management, and other tools that enable
employees to share ideas and information about how
their businesses can succeed;
(B) providing technical assistance to assist
employee efforts to become business owners, to enable
employers and employees to explore and assess the
feasibility of transferring full or partial ownership
to employees, and to encourage employees and employers
to start new employee-owned businesses;
(C) training employees and employers with respect
to methods of employee participation in open-book
management, work teams, committees, and other
approaches for seeking greater employee input; and
(D) training other entities to apply for funding
under this subsection, to establish new programs, and
to carry out program activities.
(3) Program details.--The Secretary may include, in the
program established under paragraph (1), provisions that--
(A) in the case of activities described in
paragraph (2)(A)--
(i) target key groups, such as retiring
business owners, senior managers, unions, trade
associations, community organizations, and
economic development organizations;
(ii) encourage cooperation in the
organization of workshops and conferences; and
(iii) prepare and distribute materials
concerning employee ownership and
participation, and business ownership
succession planning;
(B) in the case of activities described in
paragraph (2)(B)--
(i) provide preliminary technical
assistance to employee groups, managers, and
retiring owners exploring the possibility of
employee ownership;
(ii) provide for the performance of
preliminary feasibility assessments;
(iii) assist in the funding of objective
third-party feasibility studies and preliminary
business valuations, and in selecting and
monitoring professionals qualified to conduct
such studies; and
(iv) provide a data bank to help employees
find legal, financial, and technical advice in
connection with business ownership;
(C) in the case of activities described in
paragraph (2)(C)--
(i) provide for courses on employee
participation; and
(ii) provide for the development and
fostering of networks of employee-owned
companies to spread the use of successful
participation techniques; and
(D) in the case of training described in paragraph
(2)(D)--
(i) provide for visits to existing programs
by staff from new programs receiving funding
under this section; and
(ii) provide materials to be used for such
training.
(4) Guidance.--The Secretary shall issue formal guidance,
for recipients of grants awarded under subsection (d) and 1-
stop partners affiliated with the statewide workforce
investment systems described in section 2(6) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101(6)), proposing
that programs and other activities funded under this section
be--
(A) proactive in encouraging actions and activities
that promote employee ownership of, and participation
in, businesses; and
(B) comprehensive in emphasizing both employee
ownership of, and participation in, businesses so as to
increase productivity and broaden capital ownership.
(d) Grants.--
(1) In general.--In carrying out the program established
under subsection (c), the Secretary may make grants for use in
connection with new programs and existing programs within a
State for any of the following activities:
(A) Education and outreach as provided in
subsection (c)(2)(A).
(B) Technical assistance as provided in subsection
(c)(2)(B).
(C) Training activities for employees and employers
as provided in subsection (c)(2)(C).
(D) Activities facilitating cooperation among
employee-owned firms.
(E) Training as provided in subsection (c)(2)(D)
for new programs provided by participants in existing
programs dedicated to the objectives of this section,
except that, for each fiscal year, the amount of the
grants made for such training shall not exceed 10
percent of the total amount of the grants made under
this section.
(2) Amounts and conditions.--The Secretary shall determine
the amount and any conditions for a grant made under this
subsection. The amount of the grant shall be subject to
paragraph (6), and shall reflect the capacity of the applicant
for the grant.
(3) Applications.--Each entity desiring a grant under this
subsection shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may reasonably require.
(4) State applications.--Each State may sponsor and submit
an application under paragraph (3) on behalf of any local
entity consisting of a unit of State or local government, a
State-supported institution of higher education, or a nonprofit
organization that meets the requirements of this section.
(5) Applications by entities.--
(A) Entity applications.--If a State fails to
support or establish a program pursuant to this section
during any fiscal year, the Secretary shall, in the
subsequent fiscal years, allow local entities described
in paragraph (4) from that State to make applications
for grants under paragraph (3) on their own initiative.
(B) Application screening.--Any State failing to
support or establish a program pursuant to this section
during any fiscal year may submit applications under
paragraph (3) in the subsequent fiscal years but may
not screen applications by local entities described in
paragraph (4) before submitting the applications to the
Secretary.
(6) Limitations.--A recipient of a grant made under this
subsection shall not receive, during a fiscal year, in the
aggregate, more than the following amounts:
(A) For fiscal year 2018, $300,000.
(B) For fiscal year 2019, $330,000.
(C) For fiscal year 2020, $363,000.
(D) For fiscal year 2021, $399,300.
(E) For fiscal year 2022, $439,200.
(7) Annual report.--For each year, each recipient of a
grant under this subsection shall submit to the Secretary a
report describing how grant funds allocated pursuant to this
subsection were expended during the 12-month period preceding
the date of the submission of the report.
(e) Evaluations.--The Secretary is authorized to reserve not more
than 10 percent of the funds appropriated for a fiscal year to carry
out this section for the purposes of conducting evaluations of the
grant programs identified in subsection (d) and providing related
technical assistance.
(f) Reporting.--Not later than the expiration of the 36-month
period following the date of enactment of this Act, the Secretary shall
prepare and submit to Congress a report--
(1) on progress related to employee ownership and
participation in businesses in the United States; and
(2) containing an analysis of critical costs and benefits
of activities carried out under this section.
(g) Authorizations of Appropriations.--
(1) In general.--There are authorized to be appropriated
for the purpose of making grants pursuant to subsection (d) the
following:
(A) For fiscal year 2018, $3,850,000.
(B) For fiscal year 2019, $6,050,000.
(C) For fiscal year 2020, $8,800,000.
(D) For fiscal year 2021, $11,550,000.
(E) For fiscal year 2022, $14,850,000.
(2) Administrative expenses.--There are authorized to be
appropriated for the purpose of funding the administrative
expenses related to the Initiative, for each of fiscal years
2018 through 2022, an amount not in excess of--
(A) $350,000; or
(B) 5.0 percent of the maximum amount available
under paragraph (1) for that fiscal year. | Worker Ownership, Readiness, and Knowledge Act or the WORK Act This bill requires the Department of Labor to: (1) establish within the Employment and Training Administration an Employee Ownership and Participation Initiative to promote employee ownership and participation in business decisionmaking; and (2) establish a program that may include grants for outreach, technical assistance, and training to encourage new and existing state programs to foster employee ownership and participation in business decisionmaking. | {"src": "billsum_train", "title": "Worker Ownership, Readiness, and Knowledge Act"} | 2,242 | 89 | 0.649264 | 1.544066 | 1.222013 | 3.77381 | 26.166667 | 0.964286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immediate Financial Assistance for
America's Seniors Act of 2008''.
SEC. 2. 2008 RECOVERY REBATES FOR CERTAIN INDIVIDUALS RECEIVING SOCIAL
SECURITY BENEFITS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 6431. 2008 RECOVERY REBATES FOR CERTAIN INDIVIDUALS RECEIVING
SOCIAL SECURITY BENEFITS.
``(a) In General.--In the case of an eligible individual who is an
eligible social security recipient, there shall be allowed as a credit
against the tax imposed by subtitle A for the first taxable year
beginning in 2008 an amount equal $300 ($600 in the case of a joint
return).
``(b) Treatment of Credit.--The credit allowed by subsection (a)
shall be treated as allowed by subpart C of part IV of subchapter A of
chapter 1.
``(c) Limitation Based on Adjusted Gross Income.--The amount of the
credit allowed by subsection (a) (determined without regard to this
subsection and subsection (f)) shall be reduced (but not below zero) by
5 percent of so much of the taxpayer's adjusted gross income as exceeds
$75,000 ($150,000 in the case of a joint return).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible social security recipient.--The term
`eligible social security recipient' means, with respect to any
taxable year, any taxpayer who--
``(A) received a social security benefit (as
defined in section 86(d)) during such taxable year, and
``(B) has earned income which is less than $3,000.
``(2) Eligible individual.--The term `eligible individual'
means any individual other than--
``(A) any nonresident alien individual,
``(B) any individual with respect to whom a
deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar
year in which the individual's taxable year begins, and
``(C) an estate or trust.
``(3) Earned income.--The term `earned income' has the
meaning set forth in section 32(c)(2) except that--
``(A) subclause (II) of subparagraph (B)(vi)
thereof shall be applied by substituting `January 1,
2009' for `January 1, 2008', and
``(B) such term shall not include net earnings from
self-employment which are not taken into account in
computing taxable income.
``(e) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (f).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (f) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.
``(f) Advance Refunds and Credits.--
``(1) In general.--Each individual who was an eligible
individual for such individual's first taxable year beginning
in 2007 shall be treated as having made a payment against the
tax imposed by chapter 1 for such first taxable year in an
amount equal to the advance refund amount for such taxable
year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such first
taxable year if this section (other than subsection (e) and
this subsection) had applied to such taxable year.
``(3) Timing of payments.--The Secretary shall, subject to
the provisions of this title, refund or credit any overpayment
attributable to this section as rapidly as possible. No refund
or credit shall be made or allowed under this subsection after
December 31, 2008.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this section.''.
(b) Treatment of Possessions.--
(1) Mirror code possession.--The Secretary of the Treasury
shall make a payment to each possession of the United States
with a mirror code tax system in an amount equal to the loss to
that possession by reason of the amendments made by this
section. Such amount shall be determined by the Secretary of
the Treasury based on information provided by the government of
the respective possession.
(2) Other possessions.--The Secretary of the Treasury shall
make a payment to each possession of the United States which
does not have a mirror code tax system in an amount estimated
by the Secretary of the Treasury as being equal to the
aggregate benefits that would have been provided to residents
of such possession by reason of the amendments made by this
section if a mirror code tax system had been in effect in such
possession. The preceding sentence shall not apply with respect
to any possession of the United States unless such possession
has a plan, which has been approved by the Secretary of the
Treasury, under which such possession will promptly distribute
such payment to the residents of such possession.
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes
of this subsection, the term ``possession of the United
States'' includes the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means,
with respect to any possession of the United States,
the income tax system of such possession if the income
tax liability of the residents of such possession under
such system is determined by reference to the income
tax laws of the United States as if such possession
were the United States.
(C) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, the
payments under this subsection shall be treated in the
same manner as a refund due from the credit allowed
under section 6431 of the Internal Revenue Code of 1986
(as added by this section).
(c) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 6431'' after
``section 35''.
(2) The table of contents for subchapter B of chapter 65 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``Sec. 6431. 2008 recovery rebates for certain individuals receiving
social security benefits.''. | Immediate Financial Assistance for America's Seniors Act of 2008 - Amends the Internal Revenue Code to allow social security recipients with earned income less than $3,000 a $300 refundable tax credit ($600 for married couples filing a joint tax return) in 2008. Reduces the amount of such credit by 5% of the amount by which the taxpayer's adjusted gross income exceeds $75,000. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide recovery rebates to certain individuals receiving social security benefits."} | 1,565 | 83 | 0.569905 | 1.249677 | 0.706025 | 2.452055 | 19.561644 | 0.890411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Payment Update for
Certified Nurse-Midwives Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Medicare covers approximately 2 million women with
disabilities that are of childbearing age.
(2) Women with disabilities give birth to 50,000 children
annually.
(3) The Agency for Healthcare Policy and Research reports
that these women are without appropriate access to primary care
services.
(4) Their average time between gynecological visits was 10-
12 years.
(5) They were less likely to have received a recent
mammogram.
(6) The medicare program reimburses Certified Nurse
Midwives (CNMs) at 65 percent of the physician fee schedule, on
average, only $14 per annual exam.
(7) CNMs who serve these women are forced to subsidize care
with their own money or turn away patients because they cannot
afford to operate at a financial loss.
(8) Professional liability premiums for CNMs are
skyrocketing, leaving no monies to subsidize care.
(9) CNMs are forced to leave the marketplace as other
public and private payers adopt Medicare payment policies.
(10) Midwives are highly educated and available to serve
this special population.
SEC. 3. MEDICARE PAYMENT FOR CERTIFIED NURSE-MIDWIFE AND MIDWIFE
SERVICES.
(a) Certified Midwife, Certified Midwife Services Defined.--(1)
Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is
amended by adding at the end the following new paragraphs:
``(3) The term `certified midwife services' means such services
furnished by a certified midwife (as defined in paragraph (4)) and such
services and supplies furnished as an incident to the certified
midwife's service which the certified midwife is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) as would otherwise be payable under this title if furnished
by a physician or as an incident to a physician's service.
``(4) The term `certified midwife' means an individual who has
successfully completed a bachelor's degree from an accredited
educational institution and a program of study and clinical experience
meeting guidelines prescribed by the Secretary, or has been certified
by an organization recognized by the Secretary.''.
(2) The heading in section 1861(gg) of such Act (42 U.S.C.
1395x(gg)) is amended to read as follows:
``Certified Nurse-Midwife Services; Certified Midwife Services''.
(b) Certified Midwife Service Benefit.--
(1) Medical and other services.--Section 1861(s)(2)(L) of
such Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting
``and certified midwife services'' before the semicolon.
(2) Payment to hospital for patients under care of
certified nurse-midwife or certified midwife.--Section
1861(e)(4) of such Act (42 U.S.C. 1395x(e)(4)) is amended--
(A) by inserting ``(i)'' after ``except that''; and
(B) by inserting before the semicolon the
following: ``and (ii) a patient receiving certified
nurse-midwife services or certified midwife services
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) may be under the care of a certified
nurse-midwife or certified midwife with respect to such
services to the extent permitted under State law''.
(3) Inpatient hospital service at teaching hospitals.--
Section 1861(b) of such Act (42 U.S.C. 1395x(b)) is amended--
(A) in paragraph (4), by inserting ``certified
midwife services,'' after ``certified nurse-midwife
services,'';
(B) in paragraph (6), by striking ``; or'' and
inserting ``or in the case of services in a hospital or
osteopathic hospital by an intern or resident-in-
training in the field of obstetrics and gynecology,
nothing in this paragraph shall be construed to
preclude a certified nurse-midwife or certified midwife
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) from teaching or supervising such
intern or resident-in-training, to the extent permitted
under State law and as may be authorized by the
hospital; or'';
(C) in paragraph (7), by striking the period at the
end and inserting ``; or''; and
(D) by adding at the end the following new
paragraph:
``(8) a certified nurse-midwife or a certified midwife
where the hospital has a teaching program approved as specified
in paragraph (6), if (A) the hospital elects to receive any
payment due under this title for reasonable costs of such
services, and (B) all certified nurse-midwives or certified
midwives in such hospital agree not to bill charges for
professional services rendered in such hospital to individuals
covered under the insurance program established by this
title.''.
(4) Benefit under part b.--Section 1832(a)(2)(B)(iii) of
such Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended--
(A) by inserting ``(I)'' after ``(iii)'',
(B) by inserting ``certified midwife services,''
after ``certified nurse-midwife services,'', and
(C) by adding at the end the following new
subclause:
``(II) in the case of certified
nurse-midwife services or certified
midwife services furnished in a
hospital which has a teaching program
described in clause (i)(II), such
services may be furnished as provided
under section 1842(b)(7)(E) and section
1861(b)(8);''.
(5) Amount of payment.--Section 1833(a)(1)(K) of such Act
(42 U.S.C. 1395l(a)(1)(K)) is amended--
(A) by inserting ``and certified midwife services''
after ``certified nurse-midwife services'', and
(B) by striking ``65 percent'' each place it
appears and inserting ``95 percent''.
(6) Assignment of payment.--The first sentence of section
1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended--
(A) by striking ``and (F)'' and inserting ``(F)'';
and
(B) by inserting before the period the following:
``, and (G) in the case of certified nurse-midwife
services or certified midwife services under section
1861(s)(2)(L), payment may be made in accordance with
subparagraph (A), except that payment may also be made
to such person or entity (or the agent of such person
or entity) as the certified nurse-midwife or certified
midwife may designate under an agreement between the
certified nurse-midwife or certified midwife and such
person or entity (or the agent of such person or
entity)''.
(7) Clarification regarding payments under part b for such
services furnished in teaching hospitals.--(A) Section
1842(b)(7) of such Act (42 U.S.C. 1395u(b)(7)) is amended--
(i) in subparagraphs (A) and (C), by inserting
``or, for purposes of subparagraph (E), the conditions
described in section 1861(b)(8),'' after ``section
1861(b)(7),''; and
(ii) by adding at the end the following new
subparagraph:
``(E) In the case of certified nurse-midwife
services or certified midwife services furnished to a
patient in a hospital with a teaching program approved
as specified in section 1861(b)(6) but which does not
meet the conditions described in section 1861(b)(8),
the provisions of subparagraphs (A) through (C) shall
apply with respect to a certified nurse-midwife or a
certified midwife respectively under this subparagraph
as they apply to a physician under subparagraphs (A)
through (C).''.
(B) Not later than 180 days after the date of the enactment
of this Act, the Secretary of Health and Human Services shall
prescribe regulations to carry out the amendments made by
subparagraph (A).
SEC. 4. INTERIM, FINAL REGULATIONS.
Except as provided in section 3(b)(7)(B), in order to carry out the
amendments made by this Act in a timely manner, the Secretary of Health
and Human Services may first promulgate regulations, that take effect
on an interim basis, after notice and pending opportunity for public
comment, by not later than 6 months after the date of the enactment of
this Act. | Medicare Payment Update for Certified Nurse-Midwives Act - Amends title XVIII (Medicare) of the Social Security Act to provide for the coverage of and payment for certified midwife services (currently only certified nurse-midwife services are covered) under Medicare part B (Supplementary Medical Insurance). Declares that nothing precludes certified nurse-midwives and certified midwives from teaching or supervising an intern or resident-in-training.
Extends Medicare coverage to items and services at a free-standing birth center. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for reimbursement of certified midwife services and to provide for more equitable reimbursement rates for certified nurse-midwife services."} | 2,055 | 125 | 0.4298 | 1.164838 | 0.58386 | 2.446809 | 18.595745 | 0.851064 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Metropolitan Planning
Enhancement Act''.
SEC. 2. METROPOLITAN TRANSPORTATION PLANNING.
(a) Development of Transportation Plan.--Section 134(i) of title
23, United States Code, is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9); and
(2) by inserting after paragraph (6) the following:
``(7) Project selection transparency and accountability.--
Projects included in the adopted transportation plan shall be
selected through a publicly available transparent process that
includes use of criteria that directly support factors in
subsection (h), the national transportation goals under section
150(b), and applicable State transportation goals. The criteria
shall be used to publicly categorize the highest performing
projects.''.
(b) Metropolitan Tip.--Section 134(j)(2)(D) of title 23, United
States Code is amended by adding after the period at the end the
following:
``Projects included in the priority list shall come from the
highest performing category of projects identified in the
transportation plan under subsection (i)(7). If a lower-categorized
project is included in the priority project list, a public description
shall be included to explain why the lower-categorized project is
included before a higher-categorized project, including geographic
balance and projects in economically distressed areas.''.
SEC. 3. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
(a) Long-Range Statewide Transportation Plan.--Section 135(f) of
title 23, United States Code, is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following:
``(9) Project selection transparency and accountability.--
Projects included in the adopted long-range statewide
transportation plan shall be selected through a publicly
available transparent process that includes use of criteria
that directly support factors in subsection (d), the national
transportation goals under section 150(b), and applicable State
transportation goals. The criteria shall be used to publicly
categorize the highest performing projects.''.
(b) Statewide Transportation Improvement Plan.--Section
135(g)(5)(A) of title 23, United States Code is amended by adding after
the period at the end the following:
``Projects included in the transportation improvement program shall
come from the highest performing category of projects identified in the
transportation plan under subsection (f)(9). If a lower-categorized
project is included in the priority project list, a public description
shall be included to explain why the lower-categorized project is
included before a higher-categorized project, including geographic
balance and projects in economically distressed areas.''.
SEC. 4. METROPOLITAN TRANSPORTATION PLANNING.
(a) Development of Transportation Plan.--Section 5303(i) of chapter
53 of title 49, United States Code, is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9); and
(2) by inserting after paragraph (6) the following:
``(7) Project selection transparency and accountability.--
Projects included in the adopted transportation plan shall be
selected through a publicly available transparent process that
includes use of criteria that directly support factors in
subsection (h), the national transportation goals under section
150(b), and applicable State transportation goals. The criteria
shall be used to publicly categorize the highest performing
projects.''.
(b) Metropolitan Tip.--Section 5303 (j)(2)(D) of chapter 53 of
title 49, United States Code is amended by adding after the period at
the end the following:
``Projects included in the priority list shall come from the
highest performing category of projects identified in the
transportation plan under subsection (i)(7). If a lower-categorized
project is included in the priority project list, a public description
shall be included to explain why the lower-categorized project is
included before a higher-categorized project, including geographic
balance and projects in economically distressed areas.''.
SEC. 5. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
(a) Long-Range Statewide Transportation Plan.--Section 5304(f) of
chapter 53 of title 49, United States Code, is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following:
``(9) Project selection transparency and accountability.--
Projects included in the adopted long-range statewide
transportation plan shall be selected through a publicly
available transparent process that includes use of criteria
that directly support factors in subsection (d), the national
transportation goals under section 150(b), and applicable State
transportation goals. The criteria shall be used to publicly
categorize the highest performing projects.''.
(b) Statewide Transportation Improvement Plan.--Section
5304(g)(5)(A) of chapter 53 of title 49, United States Code, is amended
by adding after the period at the end the following:
``Projects included in the statewide transportation improvement
program shall come from the highest performing category of projects
identified in the transportation plan under subsection (f)(9). If a
lower-categorized project is included in the priority project list, a
public description shall be included to explain why the lower-
categorized project is included before a higher-categorized project,
including geographic balance and projects in economically distresses
areas.''. | The Metropolitan Planning Enhancement Act This bill requires that projects, especially the highest performing projects, included in an adopted metropolitan area transportation plan be selected through a publicly available transparent process using criteria that directly support specified factors, national transportation goals, and applicable state transportation goals. Projects included in the priority list for a metropolitan transportation improvement program (TIP) shall come from the highest performing category of projects identified in the transportation plan; and if a lower-categorized project is prioritized before a higher-categorized project, a public description explaining why must be included in the list. These same requirements shall apply to a long-range statewide transportation plan as well as a statewide TIP. | {"src": "billsum_train", "title": "Metropolitan Planning Enhancement Act"} | 1,190 | 146 | 0.68619 | 1.807748 | 0.806834 | 3.434109 | 8.449612 | 0.860465 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Shipper Fairness Act of 2015''.
SEC. 2. IMPROVING RAIL SERVICE.
(a) Common Carrier Obligations.--Section 11101(a) of title 49,
United States Code, is amended by inserting ``, as necessary for the
efficient and reliable transportation based on the shipper's reasonable
service requirements,'' after ``the transportation or service''.
(b) Emergency Service Orders.--Section 11123(b) of such title is
amended by adding at the end the following:
``(4) The Board may issue emergency service orders that cover
shipments moving under contract if such shipments are part of a
regional service order issued in accordance with this section.''.
(c) Reports.--Section 11145(a) of such title is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) reports, service plans, or other documents that cover
shipments moving under contract if such shipments are part of a
general report, service plan, or other document that generally
covers the geographic area or commodity; and''.
(d) Equitable Relief; Damages.--Section 11704 of such title is
amended--
(1) in subsection (a), by inserting ``or subjected to
inadequate or deficient service'' after ``injured'';
(2) by amending subsection (b) to read as follows:
``(b) A rail carrier providing transportation subject to the
jurisdiction of the Board under this part is liable--
``(1) for damages sustained by a person as a result of an
act or omission of that carrier in violation of this part;
``(2) to a person for amounts charged to that person that
exceed the applicable rate for the transportation; and
``(3) to a person for damages or equitable relief as a
result of inadequate or deficient service in violation of this
part.''; and
(3) in subsection (c), by adding at the end the following:
``(3) The Board may order a rail carrier to pay damages or to
provide equitable relief, as appropriate, to a person subjected to
inadequate or deficient service as a result of a violation of this part
by that carrier.''.
(e) Fines.--Section 11901 of such title is amended--
(1) in subsection (a), by striking ``$5,000'' and inserting
``$25,000'';
(2) in subsection (c), by striking ``$5,000'' and inserting
``$25,000''; and
(3) in subsection (e), by striking ``$100'' each place such
term appears and inserting ``$1,000''.
SEC. 3. IMPROVING RAIL COMPETITION.
(a) Rail Transportation Policy.--Section 10101 of title 49, United
States Code, is amended--
(1) by redesignating paragraphs (14) and (15) as paragraphs
(15) and (16), respectively; and
(2) by inserting after paragraph (13) the following:
``(14) to provide for and promote the protection of the
shipping public;''.
(b) Rates.--Section 10705 of such title is amended by adding at the
end the following:
``(d) Shippers may obtain rates to or from any interchange points
of 2 or more rail carriers.''.
(c) Market Dominance.--Section 10707(b) of such title is amended by
inserting ``A rail carrier could have market dominance even in
circumstances in which a shipper is served by 2 carriers.'' after ``the
rate applies.''.
(d) Terminal Facilities.--Section 11102(c) of such title is amended
to read as follows:
``(c)(1) Except as provided in paragraph (2), the Board shall
require a Class 1 rail carrier to enter into a competitive switching
agreement if a shipper or receiver, or a group of shippers or
receivers, files a petition with the Board that demonstrates, to the
satisfaction of the Board, that--
``(A) the facilities of the shipper or receiver for whom
such switching is sought are served by rail only by a single,
Class I rail carrier; and
``(B) subject to paragraph (4), there is, or can be a
working interchange between--
``(i) the Class I rail carrier serving the shipper
or receiver for whom such switching is sought; and
``(ii) another rail carrier within a reasonable
distance of the facilities of such shipper or receiver.
``(2) Competitive switching may not be imposed under this
subsection if--
``(A) either rail carrier between which such switching is
to be established demonstrates that the proposed switching is
not feasible or is unsafe; or
``(B) the presence of reciprocal switching will unduly
restrict the ability of a rail carrier to serve its own
shippers.
``(3) The requirement set forth in paragraph (1)(B) is satisfied if
each facility of the shipper or receiver for which competitive
switching is sought is--
``(A) within the boundaries of a terminal of the Class I
rail carrier; or
``(B) within a 100-mile radius of an interchange between
the Class I rail carrier and another carrier at which rail cars
are regularly switched.''.
SEC. 4. IMPROVING REASONABLE RATE STANDARDS.
(a) Stand-Alone Cost Cases.--Section 10702 of title 49, United
States Code, is amended--
(1) by inserting ``(a)'' before ``A rail carrier''; and
(2) by adding at the end the following:
``(b)(1) The Board shall prohibit a rail carrier providing
transportation subject to the jurisdiction of the Board under this part
to charge the challenged rate for providing such transportation to rail
customers while a maximum reasonable rate case brought by such rail
customers is pending before the Board.
``(2) A rail customer may file a maximum reasonable rate case with
the Board after the date that is 2 years before the date on which a
common carrier shipment rate is anticipated to begin.
``(3) The Board may not use cross-subsidy tests in deciding stand-
alone cost cases.
``(4) The Board shall use market-based revenue divisions
methodology in deciding stand-alone cost cases.
``(5) In a stand-alone cost case, if the Board determines that the
rail carrier is revenue adequate, the rail carrier shall have the
burden of proof to demonstrate that the railroad carrier is charging a
reasonable rate.''.
(b) Market Dominance.--Section 10707 of such title, as amended by
section 3(c), is further amended--
(1) in subsection (d)(1)(B), by adding at the end the
following ``A shipper may introduce movement-specific Uniform
Rail Costing System cost calculations.''; and
(2) by adding at the end the following:
``(e) In making a determination under this section, the Board may
not utilize a qualitative analysis in which the Board attempts to
identify any feasible transportation alternatives that could be used by
the shipper.''.
SEC. 5. REVENUE ADEQUACY.
(a) Elimination of Revenue Adequacy Test.--Section 10704(a) of
title 49, United States Code, is amended by striking paragraph (3).
(b) Railroad Cost of Capital.--Section 10704(a) of such title, as
amended by subsection (a), is further amended by adding at the end the
following:
``(3) In calculating a rail carrier's cost of capital, the Board
shall multiply the value of the capital by the sum of--
``(A) the current annual yield on a 10-year United States
Treasury Bond; and
``(B) a prospective market risk premium, which shall not
exceed 5 percent per year.''.
SEC. 6. SURFACE TRANSPORTATION BOARD STRUCTURAL CHANGES.
Chapter 7 of title 49, United States Code, is amended--
(1) in section 701(b)--
(A) in paragraph (1)--
(i) by striking ``3 members'' and inserting
``5 members''; and
(ii) by striking ``2 members'' and
inserting ``3 members''; and
(B) in paragraph (2)--
(i) by striking ``time, at least 2
members'' and inserting the following: ``time--
``(A) at least 2 members''; and
(ii) by striking ``regulation, and at least
one member'' and inserting the following:
``regulation;
``(B) at least 2 members shall have a background in
shipping or consumer advocacy; and
``(C) at least 1 member''; and
(2) in section 703, by amending subsection (b) to read as
follows:
``(b) Meetings.--
``(1) Regular meetings.--The Board shall meet regularly.
``(2) Open meetings.--The Board shall be deemed to be an
agency of the United States Government and subject to the
provisions set forth in section 552b of title 5.''. | Rail Shipper Fairness Act of 2015 The Surface Transportation Board (STB) may: issue emergency service orders covering rail carrier shipments moving under contract only if they are part of a regional service order; and require reports, service plans, or other documents that cover shipments moving under contract if such shipments are part of a general report, service plan, or other document that generally covers the geographic area or commodity. Rail carriers shall be liable to any person in federal district court for damages or equitable relief as a result of inadequate or deficient service in violation of federal law. Civil monetary penalties for rail carriers increase from $5,000 to $25,000 per violation. It is U.S. transportation policy to provide for and promote the protection of the shipping public. Shippers may obtain rates to or from any interchange points of two or more rail carriers. When determining whether a rail carrier proposing a rate challenged as unreasonably high has market dominance over the transportation to which the rate applies, the STB shall consider that the rail carrier could have market dominance even in circumstances in which a shipper is served by two carriers. The circumstances involving mandatory reciprocal switching agreements are changed. The STB shall now require a Class 1 rail carrier to enter into a competitive switching agreement if a shipper or receiver (or a group of shippers or receivers) files a petition that satisfies the Board that: the facilities of the shipper or receiver are served by rail only by a single, Class I rail carrier; and there is or can be a working interchange between the Class I rail carrier serving the shipper or receiver in question and another rail carrier within a reasonable distance of the facilities of such shipper or receiver. Competitive switching may not be imposed, however, if: either rail carrier between which such switching is to be established demonstrates that the proposed switching is not feasible or is unsafe, or the presence of reciprocal switching will unduly restrict the ability of a rail carrier to serve its own shippers. The STB must observe specified rules when deciding stand-alone cost cases with respect to a maximum reasonable rate. The STB shall apply a certain formula to calculate a rail carrier's cost of capital. This replaces the current requirement that the STB determine annually which rail carriers are earning adequate revenues. The number of STB members increases from 3 to 5, with no more than 3 of them (currently no more than 2 of them) from the same party. At least 2 members must have a background in shipping or consumer advocacy. The STB must meet regularly. | {"src": "billsum_train", "title": "Rail Shipper Fairness Act of 2015"} | 2,094 | 555 | 0.575301 | 1.830815 | 0.712646 | 4.650307 | 3.981595 | 0.842536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salmon Lake Land Selection
Resolution Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) Salmon Lake and the water upstream and downstream from
Salmon Lake contain important fisheries resources of
significance to Alaska Natives in the Bering Straits Region and
other residents of the State of Alaska;
(2) certain land adjacent to Salmon Lake on the Seward
Peninsula within the Bering Straits Region contains
archaeological and cultural resources of significance to Alaska
Natives in the Bering Straits Region, other residents of the
State, and the citizens of the United States;
(3) land adjacent to Salmon Lake on the Seward Peninsula
within the Bering Straits Region offers, and is suitable for, a
variety of recreational activities;
(4) the State of Alaska, acting under the Act of July 7,
1958 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21; Public Law 85-508), has selected land in
the Salmon Lake area under section 6(b) of that Act (72 Stat.
340);
(5) the Bering Straits Native Corporation, an Alaska Native
Regional Corporation formed under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), has selected land in
the Salmon Lake area under section 14(h)(8) of that Act (43
U.S.C. 1613(h)(8));
(6) the Bering Straits Native Corporation and the State of
Alaska have conflicting selections to certain land in the
Salmon Lake area;
(7) the Secretary of the Interior, the State, and the
Bering Straits Native Corporation have concluded that it is in
the interest of those parties--
(A) to protect and preserve the historical,
cultural, and natural resources of the Salmon Lake
area;
(B) to equitably resolve, without further
administrative appeals or litigation, the conflicting
land selections made--
(i) by the State under the Act of July 7,
1958 (commonly known as the ``Alaska Statehood
Act'') (48 U.S.C. note prec. 21; Public Law 85-
508); and
(ii) by the Bering Straits Native
Corporation in the Salmon Lake area under
section 14(h)(8) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(h)(8)); and
(C) to provide simultaneously for--
(i) continued public ownership, management,
use, and access to certain land in the Salmon
Lake area;
(ii) conveyance to the State of certain
land in the Salmon Lake area in partial
satisfaction of the entitlement of the State
under section 6(a) of the Act of July 7, 1958
(48 U.S.C. note prec. 21; Public Law 85-508);
and
(iii) conveyance to the Bering Straits
Native Corporation of certain land in the
Salmon Lake area and other areas of the Bering
Straits Region in partial satisfaction of the
land allocation of the Corporation under
section 14(h)(8) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(h)(8)); and
(8) legislation is required to ratify the agreement among
the Secretary of the Interior, the State, and the Bering
Straits Native Corporation to resolve the conflicting land
selections made by the State and the Bering Straits Native
Corporation.
(b) Purpose.--The purpose of this Act is to ratify the Salmon Lake
Area Land Ownership and Consolidation Agreement entered into by the
Secretary, the State of Alaska, and the Bering Straits Native
Corporation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the document--
(A) entitled ``Salmon Lake Area Land Ownership and
Consolidation Agreement'';
(B) executed by the Secretary, the State, and the
Bering Straits Native Corporation on July 18, 2007; and
(C) on file with--
(i) the Department of the Interior;
(ii) the Committee on Energy and Natural
Resources of the Senate; and
(iii) the Committee on Natural Resources of
the House of Representatives.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Alaska.
SEC. 4. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--Congress approves, ratifies, and
incorporates by reference the Agreement.
(2) Conflict.--Subject to valid existing rights, if any
term of the Agreement conflicts with any other provision of
law, the terms of the Agreement shall control.
(b) Authorization.--The Secretary may carry out all actions
permitted or required under the Agreement. | Salmon Lake Land Selection Resolution Act - Ratifies the Salmon Lake Area Land Ownership and Consolidation Agreement, which was executed by the Department of the Interior, the state of Alaska, and the Bering Straits Native Corporation on July 18, 2007. Authorizes the Secretary of the Interior to carry out all actions permitted or required under the Agreement. | {"src": "billsum_train", "title": "A bill to resolve the claims of the Bering Straits Native Corporation and the State of Alaska to land adjacent to Salmon Lake in the State of Alaska and to provide for the conveyance to the Bering Straits Native Corporation of certain other public land in partial satisfaction of the land entitlement of the Corporation under the Alaska Native Claims Settlement Act."} | 1,084 | 71 | 0.564575 | 1.407544 | 0.621486 | 5.365079 | 15.31746 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employment Impact Act of 2011''.
SEC. 2. PURPOSE.
The purposes of this Act are the following:
(1) To declare that the impact of Federal regulations on
jobs and job prospects in the United States is a significant
and relevant consideration to all Federal regulatory policy
actions and henceforth should be taken into account by Federal
regulators when they decide to take actions under their
respective statutory authorities.
(2) To express the concern of Congress that Federal
regulators consider the cumulative impact of multiple proposed
Federal regulations on jobs and jobs prospects in the United
States and that the cumulative impact of such regulations
should be given all due consideration and weighed in the
balance with the other purposes sought to be achieved by such
regulatory measures.
SEC. 3. DUTY TO ASSESS THE IMPACT OF FEDERAL ACTION ON JOBS AND JOB
OPPORTUNITIES.
(a) In General.--The Congress authorizes and directs, to the
fullest extent possible, that all agencies of the Federal Government
shall--
(1) utilize a systematic, interdisciplinary approach which
shall ensure the integrated use of the relevant fields of
research and learning in planning and decisionmaking which may
have an impact on jobs and job opportunities;
(2) identify and develop methods and procedures, in
consultation with the Council on Economic Advisors, Office of
the President, which will ensure that presently unquantified
impacts on jobs and job opportunities may be given appropriate
consideration in decisionmaking along with environmental and
other considerations; and
(3) include in every recommendation or report on proposals
for legislation and other major Federal actions with
potentially significant effects on jobs and job opportunities,
a jobs impact statement as described in subsection (b).
(b) Jobs Impact Statement.--
(1) Contents.--A jobs impact statement required under
subsection (a) shall include a detailed statement by the
responsible official on--
(A) the impact of the proposed action on jobs and
job opportunities, including an assessment of the jobs
that would be lost, gained, or sent overseas as a
result of the proposed action;
(B) any adverse effect on jobs and job
opportunities which could not be avoided should the
proposal be implemented;
(C) alternatives and modifications to the proposed
action that could avoid negative impacts on jobs and
job opportunities; and
(D) the relationship between any local short-term
impacts on jobs and job opportunities and the
maintenance and enhancements of long-term productivity
and environmental values.
(2) Consultation with relevant federal agencies.--Prior to
preparing a jobs impact statement, the responsible Federal
official shall consult with and obtain the comments of any
Federal agency which has jurisdiction by law or special
expertise with respect to any jobs or job opportunities impacts
involved. Copies of such statement and the comments and views
of the appropriate Federal, State, and local agencies that are
authorized to develop and enforce policies and programs
relevant to jobs and job opportunities, shall be made available
to the Council of Economic Advisors and to the public as
provided by section 552 of title 5, United States Code, and
shall accompany the proposal through the existing agency review
process.
(3) Cumulative impact of proposed actions.--In determining
the impact of a proposed action on jobs and job opportunities,
the responsible Federal official shall take into account the
cumulative impact on jobs and job opportunities of concurrently
pending proposals affecting a particular industry or sector of
the economy, and shall not make a finding of no significant
impact solely on the basis of examining the impacts of a single
proposal in isolation from other pending proposals.
(4) Combining environmental and job impact statements.--A
jobs impact statement required under this Act may be combined
with a detailed statement of environmental impacts required to
be prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), if both statements are required with
respect to the same proposed action.
SEC. 4. CONFORMITY OF ADMINISTRATIVE PROCEDURES.
All agencies of the Federal Government shall review their present
statutory authority, administrative regulations, and current policies
and procedures for the purpose of determining whether there are any
deficiencies or inconsistencies therein which prohibit full compliance
with the purposes and provisions of this Act, and shall propose to the
President not later than one year after enactment of this Act, such
measures as may be necessary to bring their authority and policies into
conformity with the intent, purposes, and procedures set forth in this
Act.
SEC. 5. NO JUDICIAL REVIEW OF JOBS IMPACT STATEMENTS.
Implementation of this Act, including a jobs impact statement
prepared in accordance with this Act, shall not be subject to judicial
review. | Employment Impact Act of 2011 - Requires federal agencies to: (1) assess the impact of federal actions on jobs and job opportunities, (2) include in every recommentation or report on legislative proposals and regulartory actions a jobs impact statement, and (3) review their statutory authority, regulations, and policies and procedures to ensure compliance with the purposes and provisions of this Act.
Exempts implementation of this Act, including such job impact statements, from judicial review. | {"src": "billsum_train", "title": "To require Federal agencies to assess the impact of Federal action on jobs and job opportunities, and for other purposes."} | 1,000 | 98 | 0.605617 | 1.697274 | 0.976068 | 3.369565 | 10.467391 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unemployed Workers Hiring Act of
2011''.
SEC. 2. TEMPORARY PAYROLL TAX REDUCTION FOR NEWLY HIRED EMPLOYEES.
(a) Employer.--
(1) In general.--Paragraph (1) of section 3111(d) of the
Internal Revenue Code of 1986 is amended by striking so much as
precedes subparagraph (A) and inserting the following:
``(1) In general.--Subsection (a) shall not apply to wages
paid by a qualified employer with respect to employment of any
qualified individual during the 1-year period beginning with
the date the individual's employment with the employer began
for services performed--''.
(2) Qualified individual.--Paragraph (3) of section 3111(d)
of such Code is amended--
(A) by striking subparagraphs (A) and (B) and
inserting the following new subparagraphs:
``(A) begins employment with a qualified employer
during the 2-year period beginning after the date of
the enactment of the Unemployed Workers Hiring Act of
2011,
``(B) certifies by signed affidavit, under
penalties of perjury, that such individual on the day
before the date the employee begins work for the
employer was in receipt of unemployment compensation
under State or Federal law or was unemployed and had
exhausted the right to such unemployment
compensation,'', and
(B) by striking ``and'' at the end of subparagraph
(C), by striking the period at the end of subparagraph
(D), and by adding at the end the following new
subparagraphs:
``(E) prior to the date the employment with the
employer begins, has not been employed by the employer
at any time, and
``(F) is employed on average at least 30 hours of
service per week.''.
(3) Recapture.--Subsection (d) of section 3111 of such Code
is amended by adding at the end the following new paragraph:
``(6) Recapture.--
``(A) In general.--In any case in which an
individual ceases to be a qualified individual with
respect to the employer during the 1-year period
beginning with the date the individual's employment
with the employer began, the tax imposed under
subsection (a) with respect to individuals in his
employ shall be increased by the amount such tax was
reduced with respect to such individual by reason of
paragraph (1).
``(B) Due date.--The increase in tax under
subparagraph (A) shall be paid over to the Secretary--
``(i) not later than 30 days after the date
such individual first ceases to be a qualified
individual during such 1-year period, and
``(ii) in the same manner as deposits are
made under section 6302 of taxes imposed on
such employer under subsection (a) with respect
to individuals in his employ.''.
(b) Employee.--Section 3101 of such Code is amended by adding at
the end the following new subsection:
``(d) Temporary Exemption for Newly Hired Unemployed Individuals.--
In the case of a qualified individual (as defined in section
3111(d)(3)) of a qualified employer (as defined in section 3111(d)(2)),
subsection (a) shall not apply with respect to the wages of such
individual with respect to employment with such employer during the 1-
year period beginning with the date such employee began work for such
employer.''.
(c) Application to Railroad Retirement Taxes.--
(1) Employers.--
(A) In general.--Paragraph (1) of section 3221(c)
of such Code is amended to read as follows:
``(1) In general.--In the case of compensation paid by a
qualified employer--
``(A) with respect to having a qualified individual
in the employer's employ for services rendered to such
qualified employer, and
``(B) during the 1-year period beginning with the
date any qualified individual's employment with such
employer began,
the applicable percentage under subsection (a) shall be equal
to the rate of tax in effect under section 3111(b) for the
calendar year.''.
(2) Qualified individual.--Paragraph (3) of section 3221(c)
of such Code is amended--
(A) by striking subparagraphs (A) and (B) and
inserting the following new subparagraphs:
``(A) begins employment with a qualified employer
during the 2-year period beginning after the date of
the enactment of the Unemployed Workers Hiring Act of
2011,
``(B) certifies by signed affidavit, under
penalties of perjury, that such individual on the day
before the date the employee begins work for the
employer was in receipt of unemployment compensation
under State or Federal law or was unemployed and had
exhausted the right to such unemployment
compensation,'', and
(B) by striking ``and'' at the end of subparagraph
(C), by striking the period at the end of subparagraph
(D), and by adding at the end the following new
subparagraphs:
``(E) prior to the date the employment with the
employer begins, has not been employed by the employer
at any time, and
``(F) is employed on average at least 30 hours of
service per week.''.
(3) Recapture.--Subsection (c) of section 3221 of such Code
is amended by adding at the end the following new paragraph:
``(6) Recapture.--
``(A) In general.--In any case in which an
individual ceases to be a qualified individual with
respect to the employer during the 1-year period
beginning with the date the individual's employment
with the employer began, the tax imposed under
subsection (a) with respect to individuals in his
employ shall be increased by the amount such tax was
reduced with respect to such individual by reason of
paragraph (1).
``(B) Due date.--The increase in tax under
subparagraph (A) shall be paid over to the Secretary--
``(i) not later than 30 days after the date
such individual first ceases to be a qualified
individual during such 1-year period, and
``(ii) in the same manner as deposits are
made under section 6302 of taxes imposed on
such employer under subsection (a) with respect
to individuals in his employ.''.
(4) Employee.--Section 3201 of such Code is amended by
redesignating subsection (c) as subsection (d) and by inserting
after subsection (b) the following new subsection:
``(c) Temporary Exemption for Newly Hired Unemployed Individuals.--
In the case of a qualified individual (as defined in section
3221(c)(3)) employed by a qualified employer (as defined in section
3221(c)(2), the applicable percentage with respect to compensation
received during the 1-year period beginning with the date such
qualified individual's employment with such employer began shall be
equal to the rate of tax in effect under section 3101(b) for the
calendar year.''.
(d) Guidance.--The Secretary of the Treasury shall provide such
guidance as is necessary or appropriate to carry out the purposes of
the amendments made by this section.
(e) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42 U.S.C.
401) amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by subsections (a) and (b). Amounts
appropriated by the preceding sentence shall be transferred from the
general fund at such times and in such manner as to replicate to the
extent possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
(f) Transfers to Social Security Equivalent Benefit Account.--There
are hereby appropriated to the Social Security Equivalent Benefit
Account established under section 15A(a) of the Railroad Retirement Act
of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in
revenues to the Treasury by reason of the amendments made by subsection
(c). Amounts appropriated by the preceding sentence shall be
transferred from the general fund at such times and in such manner as
to replicate to the extent possible the transfers which would have
occurred to such Account had such amendments not been enacted.
(g) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this subsection shall apply to wages paid
after the date of the enactment of this Act.
(2) Railroad retirement taxes.--The amendments made by
subsection (c) shall apply to compensation paid after the date
of the enactment of this Act. | Unemployed Workers Hiring Act of 2011 - Amends the Internal Revenue Code to exempt employers and employees from employment taxes for up to one year for wages paid to new employees who had exhausted all unemployment benefits prior to the start of their employment and who are working on average at least 30 hours a week. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide payroll tax relief to encourage the hiring of unemployed individuals, and for other purposes."} | 1,981 | 65 | 0.52502 | 1.206288 | 0.466325 | 1.947368 | 31.614035 | 0.789474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geothermal Exploration Act of
2010''.
SEC. 2. GEOTHERMAL EXPLORATORY DRILLING LOAN PROGRAM.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Geothermal
Investment Fund established under subsection (h).
(2) Program.--The term ``program'' means the direct loan
program for high risk geothermal exploration wells established
under this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--The Secretary shall establish a direct loan
program for high risk geothermal exploration wells.
(c) Applications.--An applicant that seeks to receive a loan under
the program may submit to the Secretary an application for the loan at
such time, in such form, and containing such information as the
Secretary may prescribe.
(d) Project Criteria.--
(1) In general.--In selecting applicants for loans under
this section to carry out projects under the program, the
Secretary shall consider--
(A) the potential for unproven geothermal resources
that would be explored and developed under a project;
(B) the expertise and experience of an applicant in
developing geothermal resources; and
(C) the importance of the project in meeting the
goals of the Department of Energy.
(2) Preference.--In selecting applicants for loans under
this section to carry out projects under the program, the
Secretary shall provide a preference for previously unexplored,
underexplored, or unproven geothermal resources in a variety of
geologic and geographic settings.
(e) Data Sharing.--Data from all exploratory wells that are carried
out under the program shall be provided to the Secretary and the
Secretary of the Interior for use in mapping national geothermal
resources and other uses, including--
(1) subsurface geologic data;
(2) metadata;
(3) borehole temperature data; and
(4) inclusion in the National Geothermal Data System of the
Department of Energy.
(f) Administration.--
(1) Cost share.--
(A) In general.--The Secretary shall determine the
cost share for a loan made under this section.
(B) Higher risks.--The Secretary may base the cost
share percentage for loans made under this section on a
sliding scale, with higher Federal shares awarded to
projects with higher risks.
(2) Number of wells.--The Secretary shall determine the
number of wells for each selected geothermal project for which
a loan may be made under this section.
(3) Unproductive projects.--The Secretary may grant further
delays or dispense with the repayment obligation on a
demonstration that a selected geothermal project is
unproductive.
(g) Loan Repayment.--
(1) Commencement.--The recipient of a loan made under this
section for a geothermal facility shall commence repayment of
the loan beginning on the earlier of--
(A) the date that is 4 years after the date the
loan is made; or
(B) the date on which the geothermal facility
enters into commercial production.
(2) Term.--
(A) In general.--Except as provided in subparagraph
(B), the term of a loan made under this section shall
be 4 years beginning on the applicable loan repayment
commencement date under paragraph (1).
(B) Extension.--The Secretary may extend the term
of a loan under this section for not more than 4 years.
(3) Use of loan repayments.--Amounts repaid on loans made
under this section shall be deposited in the Fund.
(h) Geothermal Investment Fund.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a fund to be known as the
``Geothermal Investment Fund'', to be administered by the
Secretary, to be available without fiscal year limitation and
not subject to appropriation, to carry out this section.
(2) Transfers to fund.--The Fund shall consist of such
amounts as are appropriated to the Fund under subsection (j).
(3) Prohibition.--Amounts in the Fund may not be made
available for any purpose other than a purpose described in
paragraph (1).
(4) Annual reports.--
(A) In general.--Not later than 60 days after the
end of each fiscal year beginning with fiscal year
2011, the Secretary of Energy shall submit to the the
Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House
of Representatives a report on the operation of the
Fund during the fiscal year.
(B) Contents.--Each report shall include, for the
fiscal year covered by the report, the following:
(i) A statement of the amounts deposited
into the Fund.
(ii) A description of the expenditures made
from the Fund for the fiscal year, including
the purpose of the expenditures.
(iii) Recommendations for additional
authorities to fulfill the purpose of the Fund.
(iv) A statement of the balance remaining
in the Fund at the end of the fiscal year.
(i) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop guidelines for the
implementation of the program.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2011 through 2020. | Geothermal Exploration Act of 2010 - Requires the Secretary of Energy (Secretary) to: (1) establish a direct loan program for high risk geothermal exploration wells; (2) give preference to loan applicants to carry out projects for previously unexplored, underexplored, or unproven geothermal resources in a variety of geologic and geographic settings; (3) determine the cost shares for such loans, which may provide for higher federal shares for projects with higher risks; and (4) determine the number of wells for each selected geothermal project for which a loan may be made.
Requires data from all exploratory wells that are carried out under the program to be provided to the Secretary and the Secretary of the Interior for mapping national geothermal resources and other uses, including subsurface geologic data, metadata, borehole temperature data, and inclusion in the National Geothermal Data System of the Department of Energy (DOE).
Sets forth loan repayment and term provisions. Authorizes the Secretary to grant delays or dispense with a repayment obligation on a demonstration that a selected geothermal project is unproductive.
Establishes in the Treasury the Geothermal Investment Fund to be administered by the Secretary to carry out this Act. | {"src": "billsum_train", "title": "A bill to promote the mapping and development of United States geothermal resources by establishing a direct loan program for high risk geothermal exploration wells."} | 1,202 | 270 | 0.753719 | 2.288238 | 1.121805 | 4.080357 | 4.790179 | 0.955357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Vaccine Injury
Compensation Program Improvement Act of 2003''.
SEC. 2. BASIS FOR CALCULATING PROJECTED LOST EARNINGS.
Section 2115(a)(3)(B) of the Public Health Service Act (42 U.S.C.
300aa-15(a)(3)(B)) is amended by striking all that follows ``for loss
of earnings'' and inserting the following: ``determined on the basis of
the annual estimate of the average (mean) gross weekly earnings of
full-time wage and salary workers age 18 and over in the private
nonfarm sector (which includes all industries other than agricultural
production of crops and livestock), as calculated annually by the
Bureau of Labor Statistics from the quarter sample data of the Current
Population Survey, or as calculated by such similar method as the
Secretary may prescribe by regulation, less appropriate taxes and the
average cost of a health insurance policy, as determined by the
Secretary.''.
SEC. 3. INCREASE OF AWARD IN THE CASE OF A VACCINE-RELATED DEATH.
Section 2115(a)(2) of the Public Health Service Act (42 U.S.C.
300aa-15(a)(2)) is amended by striking ``$250,000'' and inserting
``$300,000''.
SEC. 4. ALLOWING COMPENSATION FOR FAMILY COUNSELING EXPENSES AND
EXPENSES OF ESTABLISHING GUARDIANSHIP.
(a) Family Counseling Expenses in Post-1988 Cases.--Section 2115(a)
of the Public Health Service Act (42 U.S.C. 300aa-15(a)) is amended by
adding at the end the following:
``(5) Actual nonreimbursable expenses that have been or
will be incurred for family counseling determined to be
reasonably necessary and that result from the vaccine-related
injury for which the petitioner seeks compensation.''.
(b) Expenses of Establishing Guardianships in Post-1988 Cases.--
Section 2115(a) of the Public Health Service Act (42 U.S.C. 300aa-
15(a)) is further amended by adding at the end the following paragraph:
``(6) Actual and nonreimbursable expenses that have been or
will be incurred to establish and maintain a guardianship,
conservatorship, or trust for an individual who has suffered a
vaccine-related injury, including attorneys' fees and other
costs incurred in a proceeding to establish and maintain such a
guardianship, conservatorship, or trust.''.
(c) Conforming Amendment for Cases From 1988 and Earlier.--Section
2115(b) of the Public Health Service Act (42 U.S.C. 300aa-15(b)) is
amended--
(1) in paragraph (2), by striking ``and'' at the end of the
paragraph;
(2) by redesignating paragraph (3) as paragraph (5) and by
inserting a closing parenthesis before the period in that
paragraph; and
(3) by inserting after paragraph (2) the following
paragraphs:
``(3) family counseling expenses (as provided in paragraph
(5) of subsection (a)),
``(4) expenses of establishing and maintaining
guardianships, conservatorships, or trusts (as provided in
paragraph (6) of subsection (a)), and''.
SEC. 5. ALLOWING PAYMENT OF INTERIM ATTORNEYS' FEES AND COSTS.
Section 2115(e) of the Public Health Service Act (42 U.S.C. 300aa-
15(e)) is amended by adding at the end the following:
``(4) Upon completion of a conference required by Rule 5 of
Appendix J of the Rules of the United States Court of Federal
Claims, a special master may make an interim award of
attorneys' fees and costs if--
``(A) the case involves a vaccine administered on
or after October 1, 1988,
``(B) in tentative findings and conclusions, the
special master determines that the petitioner's claim
has a reasonable basis,
``(C) the award is limited to reasonable attorneys'
fees and other costs (within the meaning of paragraph
(1)(B)) incurred in the proceeding, and
``(D) the petitioner provides documentation
verifying the expenditure of the amount for which
compensation is sought.
``(5) An interim award of attorneys' fees and costs by a
special master under paragraph (4) shall be promptly paid by
the Secretary pursuant to the special master's order and
without need of a judgment. The special master's order for
interim attorneys' fees and costs is not subject to review
under sections 2112(e) and 2112(f) until after the special
master has made a determination regarding an award of
attorneys' fees and costs under paragraph (1).
``(6) The attorneys' fees and costs awarded as compensation
on a petition under paragraph (1) shall be for the total
attorneys' fees and costs incurred in any proceeding on such
petition, less the amount awarded for interim attorneys' fees
and costs. In determining fees and costs under paragraph (1), a
special master may reconsider and modify the amounts awarded
for fees and costs under paragraph (4).''.
SEC. 6. PROCEDURE FOR PAYING ATTORNEYS' FEES.
Section 2115(e) of the Public Health Service Act (42 U.S.C. 300aa-
15(e)), as amended by section 5, is amended by adding at the end the
following:
``(7) When a special master or court awards attorneys' fees
or costs under paragraph (1) or (4), it may order that such
fees and costs be payable solely to the petitioner's attorney
if--
``(A) the petitioner expressly consents, or
``(B) the special master or court, after affording
to the Secretary and all interested persons the
opportunity to submit relevant information, determines
that--
``(i) the petitioner cannot be located or
refuses to respond to a request by the special
master or court for information, and there is
no practical alternative means to ensure that
the attorney will be reimbursed for such fees
and costs expeditiously, or
``(ii) there are other exceptional
circumstances and good cause for paying such
fees and costs solely to the petitioner's
attorney.''.
SEC. 7. EXTENSION OF STATUTE OF LIMITATIONS.
(a) General Rule.--Section 2116(a) of the Public Health Service Act
(42 U.S.C. 300aa-16(a)) is amended--
(1) in paragraph (2), by striking ``36 months'' and
inserting ``6 years''; and
(2) in paragraph (3)--
(A) by striking ``24 months'' and inserting ``6
years''; and
(B) by striking ``48 months'' and inserting ``6
years''.
(b) Additional Extension.--
(1) Limitation period.--Notwithstanding section 2116(a) of
the Public Health Service Act (42 U.S.C. 300aa-16(a)), in the
case of a vaccine set forth in the Vaccine Injury Table that is
administered after September 30, 1988, and before the date of
the enactment of this Act, if a vaccine-related injury or death
occurred as a result of the administration of such vaccine, the
end of the limitation period for filing a petition is the later
of--
(A) the applicable date under section 2116(a) of
the Public Health Service Act (42 U.S.C. 300aa-16(a));
or
(B) the date that is 2 years after the date of the
enactment of this Act.
(2) Effect of previous dismissal.--Notwithstanding section
2111(b)(2) of the Public Health Service Act (42 U.S.C. 300aa-
11(b)(2)), if a petition is filed within the limitation period
applicable under paragraph (1), the petition may not be
dismissed on the basis of a previous dismissal for untimely
filing.
(c) Claims Based on Revisions to Table.--Section 2116(b) of the
Public Health Service Act (42 U.S.C. 300aa-16(b)) is amended by
striking all that follows ``file a petition for such compensation'' and
inserting the following: ``if--
``(1) the vaccine-related death or injury with respect to
which the petition is filed occurred no more than 8 years
before the effective date of the revision of the table; and
``(2)(A) the petition satisfies the conditions stated in
subsection (a); or
``(B) the date of occurrence of the first symptom or
manifestation of onset of injury occurred more than 4 years
before the petition is filed, and the petition is filed no more
than 2 years after the effective date of the revision of the
table.''.
(d) Reports.--
(1) Transmission.--The Secretary of Health and Human
Services shall transmit to the Congress 2 annual reports that
shall each include the following:
(A) Identification of the number of petitions filed
for compensation under the National Vaccine Injury
Compensation Program that would have been time-barred
absent the limitation period provided by subsection (b)
(B) Describe the effects of subsection (b) on the
ability of the Secretary to administer the National
Vaccine Injury Compensation Program and adjudicate
petitions under such Program in a timely manner.
(2) Dates of submission.--In carrying out this subsection,
the Secretary of Health and Human Services shall transmit--
(A) the first report not later than 1 year after
the date of the enactment of this Act; and
(B) the second report not later than 2 years after
the date of the enactment of this Act.
SEC. 8. ADVISORY COMMISSION ON CHILDHOOD VACCINES.
(a) Selection of Individuals Injured by Vaccines as Public
Members.--Section 2119(a)(1)(B) of the Public Health Service Act (42
U.S.C. 300aa-19(a)(1)(B)) is amended by striking all that follows the
comma and inserting the following: ``of whom 1 shall be the legal
representative of a child who has suffered a vaccine-related injury or
death, and at least 1 other shall be either the legal representative of
a child who has suffered a vaccine-related injury or death or an
individual who has personally suffered a vaccine-related injury.''.
(b) Mandatory Meeting Schedule Eliminated.--Section 2119(c) of the
Public Health Service Act (42 U.S.C. 300aa-19(c)) is amended by
striking ``not less often than four times per year and''.
SEC. 9. CONFORMING AMENDMENT TO TRUST FUND PROVISION.
Section 9510(c)(1)(A) of the Internal Revenue Code of 1986 is
amended by striking ``(as in effect'' and all that follows through
``for vaccine-related injury or death'' and inserting ``(as in effect
on the effective date of the National Vaccine Injury Compensation
Program Improvement Act of 2003) for vaccine-related injury or death''.
SEC. 10. INCREASE IN LIMIT ON ADMINISTRATIVE EXPENSES.
(a) Increase in Limit on Administrative Expenses.--Section
9510(c)(1)(B) of the Internal Revenue Code of 1986 is amended by
striking ``(but not in excess of $9,500,000 for any fiscal year)'' and
inserting ``(but not in excess of $10,000,000 for any fiscal year)''.
(b) Administrative Expenses of Bureau of Public Debt.--Section
9510(c)(1) of the Internal Revenue Code of 1986, as amended by section
9 and subsection (a), is further amended--
(1) in subparagraph (A)(ii), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``, and''; and
(3) by adding at the end the following:
``(C) the payment of administrative and personnel
expenses that the Bureau of the Public Debt incurs for
financial services for the Trust Fund.''.
SEC. 11. PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN.
Section 2110(c) of the Public Health Service Act (42 U.S.C. 300aa-
10(c)) is amended by striking the period at the end and inserting ``,
including by conducting a public service announcement campaign.''.
SEC. 12. APPLICATION.
The provisions of and amendments made by sections 2, 3, 4, 5, 6,
7, and 9 apply to a petition filed under section 2111 of the Public
Health Service Act (42 U.S.C. 300aa-11) if the petition is pending on
or filed after the date of the enactment of this Act. | National Vaccine Injury Compensation Program Improvement Act of 2003 - Amends the Public Health Service Act to: (1) revise the basis for calculating the projected lost earnings of a person who sustained a vaccine-related injury; (2) increase the award for a vaccine-related death; (3) allow compensation for expenses for family counseling and establishing guardianship; (4) allow payment of interim attorneys' fees and costs; (5) establish a procedure for paying attorneys' fees; (6) extend from two to six years the statute of limitations for injuries or death from a vaccine set forth in the Vaccine Injury Table; (7) revise the membership and meeting schedule of the Advisory Commission on Childhood Vaccines; and (8) direct the Secretary of Health and Human Services to conduct a public service announcement campaign about the availability of the Program.Amends the Internal Revenue Code to increase the limit on Vaccine Injury Compensation Trust Fund administrative expenses. | {"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to the National Vaccine Injury Compensation Program."} | 2,925 | 201 | 0.472954 | 1.363699 | 0.861203 | 3.342541 | 13.756906 | 0.900552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vietnam Education Foundation
Amendments Act of 2008''.
SEC. 2. TRANSFER OF THE FOUNDATION TO THE DEPARTMENT OF STATE.
(a) In General.--Section 204 of the Vietnam Education Foundation
Act of 2000 (22 U.S.C. 2452 note) is amended to read as follows:
``SEC. 204. ESTABLISHMENT.
``There is established, within the Bureau of Educational and
Cultural Affairs of the Department of State, the Vietnam Education
Foundation (referred to in this title as the `Foundation').''.
(b) Replacement of Board of Directors With Advisory Committee.--
Section 205 of such Act is amended to read as follows:
``SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE.
``(a) Establishment.--
``(1) In general.--There is established a Vietnam Education
Foundation Advisory Committee (referred to in this section as
the `Advisory Committee'), which shall provide advice to the
Secretary and the Assistant Secretary for Educational and
Cultural Affairs regarding the Foundation's activities.
``(2) Membership.--The Advisory Committee shall be composed
of 7 members, of whom--
``(A) 3 shall be appointed by the Secretary;
``(B) 1 shall be appointed by the majority leader
of the Senate;
``(C) 1 shall be appointed by the minority leader
of the Senate;
``(D) 1 shall be appointed by the Speaker of the
House of Representatives; and
``(E) 1 shall be appointed by the minority leader
of the House of Representatives.
``(3) Appointment of incumbent members of board of
directors.--Members appointed to the Advisory Committee under
paragraph (2) may include individuals who were members of the
Board of Directors of the Foundation on the date immediately
preceding the date of the enactment of the Vietnam Education
Foundation Amendments Act of 2008.
``(b) Supervision.--The Foundation shall be subject to the
supervision and direction of the Secretary, working through the
Assistant Secretary for Educational and Cultural Affairs, and in
consultation with the Advisory Committee established under subsection
(a).''.
(c) Fellowship Program.--Section 206(a) of such Act is amended--
(1) in paragraph (1)(A), by striking ``to study at
institutions of higher education in the United States at
graduate and post-graduate levels'' and inserting ``for post-
secondary studies at institutions of higher education in the
United States'';
(2) in paragraph (2)--
(A) by striking ``may include funding to improve''
and inserting the following: ``may include funding to--
``(A) improve''; and
(B) by striking the period at the end and inserting
the following: ``; and
``(B) prepare the fellowship recipient for post-
secondary education in any field described in paragraph
(1)(A).''; and
(3) by adding at the end the following:
``(3) Priority for basic sciences.--In awarding fellowships
under this subsection, the Foundation shall give priority to
individuals described in paragraph (1)(A) who are studying the
basic sciences.''.
(d) Conforming Amendments.--Such Act is amended--
(1) in section 203--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) by inserting after paragraph (2), as
redesignated, the following:
``(3) Secretary.--The term `Secretary' means the Secretary
of State.'';
(2) in section 206(e), by striking ``of the Board'' and
inserting ``promulgated by the Secretary'';
(3) in section 208--
(A) in subsection (a)--
(i) in the subsection heading, by striking
``Board'' and inserting ``Secretary''; and
(ii) by striking ``Board'' each place it
appears and inserting ``Secretary''; and
(B) in subsection (d), by striking ``Board'' and
inserting ``Secretary''; and
(4) in section 209(b), by striking ``Board'' and inserting
``Secretary''.
(e) Mutual Educational and Cultural Exchange Act of 1961.--Section
112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2460(a)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) programs administered by the Vietnam Education
Foundation.''.
(f) Transfer of Functions.--All functions and assets of the Vietnam
Education Foundation are transferred to the Bureau of Educational and
Cultural Affairs of the Department of State. The Assistant Secretary
for Educational and Cultural Affairs may hire personnel who were
employed by the Vietnam Education Foundation on the date before the
date of the enactment of this Act, and such other personnel as may be
necessary to support the Foundation, in accordance with part III of
title 5, United States Code.
SEC. 3. AMERICAN RESEARCH COLLEGE IN VIETNAM.
(a) Grants Authorized.--The Secretary of State, acting through the
Assistant Secretary for Educational and Cultural Affairs, is authorized
to award 1 or more grants to institutions of higher education (as
defined in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))), which shall be used to participate in a partnership
with the Government of the Socialist Republic of Vietnam to establish
an American Research College in Vietnam. The purpose of the American
Research College shall be to provide a high quality general education
to Vietnamese undergraduate students.
(b) Application.--
(1) In general.--Each institution of higher education
desiring the grant under this section shall submit an
application to the Secretary of State at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
(2) Competitive basis.--Each grant authorized under
subsection (a) shall be awarded on a competitive basis.
(c) Source of Grant Funds.--The Secretary of State may use funds
made available to the Vietnam Education Foundation under section 207(c)
of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note)
for the grant awarded under this section.
(d) Limitation.--The Secretary of State shall encourage the
Government of the Socialist Republic of Vietnam to make an appropriate
financial or in-kind contribution to establish and maintain the college
established with grant funds awarded under this section.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 90 days after the date of the enactment of this Act. | Vietnam Education Foundation Amendments Act of 2008 - Establishes the Vietnam Education Foundation within the Bureau of Educational and Cultural Affairs of the Department of State. (Under current law the Foundation is an independent establishment of the executive branch.)
Establishes the Vietnam Education Foundation Advisory Committee in lieu of the current Board of Directors.
Gives fellowship priority to basic science studies.
Authorizes the Secretary of State, through the Assistant Secretary for Educational and Cultural Affairs, to award grants to institutions of higher education for a partnership with the government of the Socialist Republic of Vietnam to establish an undergraduate American Research College in Vietnam. | {"src": "billsum_train", "title": "To amend the Vietnam Education Foundation Act of 2000."} | 1,576 | 127 | 0.6172 | 1.664479 | 0.603471 | 4.275862 | 12.413793 | 0.896552 |
SECTION 1. MODIFICATION OF DUTIES ON CERTAIN WRIST WATCHES.
(a) In General.--Chapter 91 of the Harmonized Tariff Schedule of
the United States is amended--
(1) by striking subheadings 9102.11.10 and 9102.11.25 and
inserting the following new subheadings and superior text
thereto, with the superior text to subheading 9102.11.05 having
the same degree of indentation as subheading 9102.11.50:
`` ............... With gold- or ............ ................ ................ ................
silver-plated
case:
9102.11.05 Each valued not 44 cents Free (AU, BH, $1.90 each + 45% ................
over $300. each + 4.9% CA, CL, D, E, on the case +
IL, J, J+, JO, 110% on the
KR, MA, MX, OM, strap, band or
P, PE, R, SG) bracelet + 35%
on the battery
............... ............ ................ ................
9102.11.15 Other.............. 44 cents Free (AU, BH, $1.90 each + 45% ................
each + 6% CA, CL, D, E, on the case +
on the case IL, J, J+, JO, 110% on the
+ 14% on KR, MA, MX, OM, strap, band or
the strap, P, PE, R, SG) bracelet + 35%
band or on the battery
bracelet +
5.3% on the
battery
............... Other: ............ ................ ................ ................
9102.11.20 Each valued not 40 cents Free (AU, BH, $1.70 each + 45% ................
over $300 each + 5% CA, CL, D, E, on the case +
IL, J, J+, JO, 110% on the
KR, MA, MX, OM, strap, band or
P, PE, R, SG) bracelet + 35%
on the battery
............... ............ ................ ................
9102.11.28 Other............. 40 cents Free (AU, BH, $1.70 each + 45% ''; and
each + 8.5% CA, CL, D, E, on the case +
on the case IL, J, J+, JO, 35% on the
+ 14% on KR, MA, MX, OM, strap, band or
the strap, P, PE, R, SG) bracelet + 35%
band or on the battery
bracelet +
5.3% on the
battery
(2) by striking subheadings 9102.11.30 and 9102.11.45 and
inserting the following new subheadings and superior text
thereto, with the superior text to subheading 9102.11.32 having
the same degree of indentation as subheading 9102.11.50:
`` ............... With gold- or ............ ................ ................
silver-plated
case:
9102.11.32 Each valued not 44 cents Free (AU, BH, $1.90 each + 45% ................
over $300. each + 1.9% CA, CL, D, E, on the case +
IL, J, J+, JO, 35% on the
KR, MA, MX, OM, strap, band or
P, PE, R, SG) bracelet + 35%
on the battery
............... ............ ................ ................
9102.11.34 Other.............. 44 cents Free (AU, BH, $1.90 each + 45% ................
each + 6% CA, CL, D, E, on the case +
on the case IL, J, J+, JO, 35% on the
+ 2.8% on KR, MA, MX, OM, strap, band or
the strap, P, PE, R, SG) bracelet + 35%
band or on the battery
bracelet +
5.3% on the
battery
............... Other: ............ ................ ................
9102.11.42 Each valued not 40 cents Free (AU, BH, $1.70 each + 45% ................
over $300 each + 2.5% CA, CL, D, E, on the case +
IL, J, J+, JO, 35% on the
KR, MA, MX, OM, strap, band or
P, PE, R, SG) bracelet + 35%
on the battery
............... ............ ................ ................
9102.11.44 Other............. 40 cents Free (AU, BH, $1.70 each + 45% ''.
each + 8.5% CA, CL, D, E, on the case +
on the case IL, J, J+, JO, 35% on the
+ 2.8% on MA, MX, OM, P, strap, band or
the strap, PE, R, SG) 36 bracelet + 35%
band or cents each + on the battery
bracelet + 7.6% on the
5.3% on the case + 2.5% on
battery the strap, band
or bracelet +
4.7% on the
battery (KR)
(b) Staged Rate Reductions.--Any staged reduction of a rate of duty
proclaimed by the President before the date of enactment of this Act
that--
(1) would take effect on or after such date of enactment;
and
(2) would, but for the amendments made by subsection (a),
apply to subheading 9102.11.45 of the Harmonized Tariff
Schedule of the United States,
applies to the corresponding rate of duty set forth in subheading
9102.11.44 of such Schedule (as added by subsection (a)). | Amends the Harmonized Tariff Schedule of the United States to modify the duty treatment of certain wrist watches.
Applies to such watches the same staged rate reductions accorded certain other watches. | {"src": "billsum_train", "title": "To amend the Harmonized Tariff Schedule to modify the tariffs on certain wrist watches, and for other purposes."} | 1,255 | 43 | 0.463027 | 1.119292 | -0.072746 | 2.176471 | 35.117647 | 0.823529 |
SECTION 1. AUTHORITY TO PROVIDE PRIORITY HEALTH CARE.
(a) Authorized Inpatient Care.--Section 1710(e) of title 38, United
States Code, is amended--
(1) in paragraph (1), by striking out subparagraphs (A) and
(B) and inserting in lieu thereof the following:
``(e)(1)(A) A herbicide-exposed veteran is eligible for hospital
care and nursing home care under subsection (a)(1)(G) for any disease
suffered by the veteran that is--
``(i) among those diseases for which the National Academy
of Sciences, in a report issued in accordance with section 2 of
the Agent Orange Act of 1991, has determined--
``(I) that there is sufficient evidence to conclude
that there is a positive association between occurrence
of the disease in humans and exposure to a herbicide
agent;
``(II) that there is evidence which is suggestive
of an association between occurrence of the disease in
humans and exposure to a herbicide agent, but such
evidence is limited in nature; or
``(III) that available studies are insufficient to
permit a conclusion about the presence or absence of an
association between occurrence of the disease in humans
and exposure to a herbicide agent; or
``(ii) a disease for which the Secretary, pursuant to a
recommendation of the Under Secretary for Health on the basis
of a peer-reviewed research study or studies published within
20 months after the most recent report of the National Academy
under section 2 of the Agent Orange Act of 1991, determines
there is credible evidence suggestive of an association between
occurrence of the disease in humans and exposure to a herbicide
agent.
``(B) A radiation-exposed veteran is eligible for hospital care and
nursing home care under subsection (a)(1)(G) for any disease suffered
by the veteran that is--
``(i) a disease listed in section 1112(c)(2) of this title;
or
``(ii) any other disease for which the Secretary, based on
the advice of the Advisory Committee on Environmental Hazards,
determines that there is credible evidence of a positive
association between occurrence of the disease in humans and
exposure to ionizing radiation.'';
(2) in paragraph (2)--
(A) by striking out ``Hospital'' and inserting in
lieu thereof ``In the case of a veteran described in
paragraph (1)(C), hospital''; and
(B) by striking out ``subparagraph'' and all that
follows through ``subsection'' and inserting in lieu
thereof ``paragraph (1)(C)'';
(3) in paragraph (3), by striking out ``of this section
after June 30, 1995,'' and inserting in lieu thereof ``, in the
case of care for a veteran described in paragraph (1)(A), after
December 31, 1997,''; and
(4) by adding at the end the following new paragraph:
``(4) For purposes of this subsection and section 1712 of this
title:
``(A) The term `herbicide-exposed veteran' means a veteran
(i) who served on active duty in the Republic of Vietnam during
the Vietnam era, and (ii) who the Secretary finds may have been
exposed during such service to a herbicide agent.
``(B) The term `herbicide agent' has the meaning given that
term in section 1116(a)(4) of this title.
``(C) The term `radiation-exposed veteran' has the meaning
given that term in section 1112(c)(4) of this title.''.
(b) Authorized Outpatient Care.--Section 1712 of such title is
amended--
(1) in subsection (a)(1)--
(A) by striking out ``and'' at the end of
subparagraph (C);
(B) by striking out the period at the end of
subparagraph (D) and inserting in lieu thereof a
semicolon;
(C) by adding at the end the following new
subparagraphs:
``(E) during the period before January 1, 1998, to any
herbicide-exposed veteran (as defined in section 1710(e)(4)(A)
of this title) for any disease specified in section
1710(e)(1)(A) of this title; and
``(F) to any radiation-exposed veteran (as defined in
section 1112(c)(4) of this title) for any disease covered under
section 1710(e)(1)(B) of this title.''; and
(2) in subsection (i)(3)--
(A) by striking out ``(A)''; and
(B) by striking out ``, or (B)'' and all that
follows through ``title''.
SEC. 2. SAVINGS PROVISION.
The provisions of sections 1710(e) and 1712(a) of title 38, United
States Code, as in effect on the day before the date of the enactment
of this Act, shall continue to apply on and after such date with
respect to the furnishing of hospital care, nursing home care, and
medical services for any veteran who was furnished such care or
services before such date of enactment on the basis of presumed
exposure to a substance or radiation under the authority of those
provisions, but only for treatment for a disability for which such care
or services were furnished before such date.
Passed the House of Representatives June 27, 1995.
Attest:
ROBIN H. CARLE,
Clerk. | Makes a veteran exposed to herbicides in Vietnam during the Vietnam era eligible for hospital and nursing home care for any disease for which the National Academy of Sciences (NAS), in a report issued under the Agent Orange Act of 1991, has determined that: (1) there is sufficient evidence to conclude a positive association between the occurrence of the disease and exposure to a herbicide; (2) there is evidence suggestive of such an association, though the evidence is limited; or (3) available studies are insufficient to permit such a conclusion. Makes such veterans eligible for such care also for a disease for which the Secretary of Veterans Affairs, pursuant to a recommendation of the Under Secretary for Health based on peer-reviewed research studies published after the most recent NAS report, determines that there is credible evidence suggestive of an association between disease occurrence and herbicide exposure.
Makes a veteran exposed to radiation during a period of active duty for training or inactive duty training eligible for hospital and nursing home care for: (1) any diseases currently listed in Federal provisions which presume a relation between such disease and a veteran's disability; or (2) any disease for which the Secretary determines there is credible evidence of a positive association between the occurrence of such disease and exposure to ionizing radiation.
Extends through December 31, 1997, the authorized period for the provision of hospital, nursing home, and outpatient care for certain veterans, including those herbicide- or radiation-exposed veterans described in this Act. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to extend through December 31, 1997, the period during which the Secretary of Veterans Affairs is authorized to provide priority health care to certain veterans exposed to Agent Orange, ionizing radiation, or environmental hazards."} | 1,227 | 319 | 0.747402 | 2.285098 | 0.885334 | 2.790378 | 3.821306 | 0.900344 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family-Based Meth Treatment Access
Act of 2006''.
SEC. 2. RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND PARENTING
WOMEN.
Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``postpartum women treatment for substance
abuse'' and inserting ``parenting women treatment for
substance abuse (including treatment for addiction to
methamphetamine)'';
(B) in paragraph (1), by striking ``reside in'' and
inserting ``reside in or receive outpatient treatment
services from''; and
(C) in paragraph (2), by striking ``reside with the
women in'' and inserting ``reside with the women in, or
receive outpatient treatment services from,'';
(2) in subsection (d)(6), by inserting ``, or referrals for
counseling,'' after ``Counseling'';
(3) by amending subsection (h) to read as follows:
``(h) Accessibility of Program.--A funding agreement for an award
under subsection (a) for an applicant is that the program operated
pursuant to such subsection will be accessible to--
``(1) low-income pregnant and parenting women; and
``(2) pregnant and parenting women in health disparity
populations.''.
(4) by amending subsection (m) to read as follows:
``(m) Allocation of Awards.--In making awards under subsection (a),
the Director shall give priority to any entity that agrees to use the
award for a program serving an area that--
``(1) is a rural area, an area designated under section 332
by the Administrator of the Health Resources and Services
Administration as a health professional shortage area with a
shortage of mental health professionals, or an area determined
by the Director to have a shortage of family-based substance
abuse treatment options; and
``(2) is determined by the Director to have high rates of
addiction to methamphetamine or other drugs.'';
(5) in subsection (p)--
(A) by striking ``October 1, 1994'' and inserting
``October 1, 2007'';
(B) by inserting ``In submitting reports under this
subsection, the Director may use data collected under
this section or other provisions of law.'' after
``biennial report under section 501(k).''; and
(C) by striking ``Each report under this subsection
shall include'' and all that follows and inserting
``Each report under this subsection shall, with respect
to the period for which the report is prepared, include
the following:
``(1) A summary of any evaluations conducted under
subsection (o).
``(2) Data on the number of pregnant and parenting women in
need of, but not receiving, treatment for substance abuse under
programs carried out pursuant to this section. Such data shall
include, but not be limited to, the number of pregnant and
parenting women in need of, but not receiving, treatment for
methamphetamine abuse under such programs, disaggregated by
State and tribe.
``(3) Data on recovery and relapse rates of women receiving
treatment for substance abuse under programs carried out
pursuant to this section, including data disaggregated with
respect to treatment for methamphetamine abuse.'';
(6) by redesignating subsections (q) and (r) as subsections
(r) and (s), respectively;
(7) by inserting after subsection (p) the following:
``(q) Methamphetamine Addiction.--In carrying out this section, the
Director shall expand, intensify, and coordinate efforts to provide to
pregnant and parenting women treatment for methamphetamine
addiction.'';
(8) in subsection (r) (as so redesignated)--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) The term `health disparity population' means a
population in which there is a significant disparity in the
overall rate of disease incidence, prevalence, morbidity,
mortality, or survival rates in the population as compared to
the health status of the general population.'''; and
(9) in subsection (s) (as so redesignated), by striking
``such sums as may be necessary to fiscal years 2001 through
2003'' and inserting ``$70,000,000 for each of fiscal years
2007 through 2011''.
SEC. 3. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG NONVIOLENT OFFENDERS:
FAMILY TREATMENT ALTERNATIVES TO INCARCERATION.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by inserting after section 509 the following:
``SEC. 510. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG NONVIOLENT
OFFENDERS: FAMILY TREATMENT ALTERNATIVES TO
INCARCERATION.
``(a) In General.--The Secretary, acting through the Administrator
of the Substance Abuse and Mental Health Services Administration, shall
make awards of grants, cooperative agreements, or contracts to public
and nonprofit private entities for the purpose of assisting local jails
and detention facilities in providing comprehensive, family-based
substance abuse treatment services (including treatment for addiction
to methamphetamine) to pregnant and parenting adults who are considered
nonviolent offenders.
``(b) Minimum Qualifications for Nonprofit Private Entities.--An
award may be made under subsection (a) to an applicant that is a
nonprofit private entity only if the Secretary determines that--
``(1) the applicant has the capacity to provide the
services described subsection (a); and
``(2) the applicant meets all applicable State licensure
and certification requirements regarding the provision of
substance abuse treatment services.
``(c) Requirements Applicable to Family Drug Treatment Program That
Is an Alternative to Incarceration.--A grant under this section may be
used for a family drug treatment program that is an alternative to
incarceration only if the program complies with the following:
``(1) The program is a comprehensive, long-term family
treatment program focused on the treatment of the parent and
child.
``(2) The program and its providers meet all applicable
State licensure and certification requirements regarding the
provision of substance abuse treatment services.
``(3) Each parent offender who participates in the program
is sentenced to, or placed with, a long-term family treatment
program (which shall include a residential component).
``(4) Each parent offender who participates in the program
serves a sentence with respect to the underlying crime if that
parent offender does not successfully complete treatment with
the residential treatment provider.
``(5) The program has mandatory periodic drug testing. The
Secretary shall, by prescribing guidelines or regulations,
specify standards for the timing and manner of complying with
such testing. The standards shall ensure that--
``(A) each individual participating in the program
as an alternative to incarceration is tested for every
controlled substance that the participant has been
known to abuse, and for any other controlled substance
the Secretary may require; and
``(B) the testing is accurate and practicable; and
``(C) the drug testing regime is a factor in
determinations of whether program participants
successfully complete treatment.
``(d) Allocation of Awards.--In making awards under subsection (a),
the Secretary shall give priority to any entity that agrees to use the
award for a program serving an area that--
``(1) is a rural area, an area designated under section 332
by the Administrator of the Health Resources and Services
Administration as a health professional shortage area with a
shortage of mental health professionals, or an area determined
by the Secretary to have a shortage of family-based substance
abuse treatment options; and
``(2) is determined by the Secretary to have high rates of
addiction to methamphetamine or other drugs.
``(e) Definitions.--In this section the terms `family drug
treatment', `family treatment', and `comprehensive, long-term family
treatment' describe programs that provide, or are able to provide
referrals for, the following services: Substance abuse treatment,
children's early intervention services, family counseling, legal
services, medical care, mental health services, nursery and preschool,
parenting skills training, pediatric care, prenatal care, sexual abuse
therapy, relapse prevention, transportation, and job or vocational
training or general equivalency diploma (GED) classes.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $40,000,000
for each of fiscal years 2007, 2008, and 2009, and $50,000,000 for each
of fiscal years 2010 and 2011.''. | Family-Based Meth Treatment Access Act of 2006 - Amends the Public Health Service Act to expand the grant program to provide residential substance abuse treatment to pregnant and postpartum women to include: (1) parenting women substance abuse treatment (including treatment for addiction to methamphetamine); and (2) outpatient treatment services. Requires that such treatment programs be accessible to pregnant and parenting women in health disparity populations. Gives priority in awarding grants to any entity that agrees to use the award for programs serving: (1) an area that is a rural area, an area with a shortage of mental health professionals, or an area with a shortage of family-based substance abuse treatment options; or (2) an area that has high rates of addiction to methamphetamine or other drugs.
Requires the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants, cooperative agreements, or contracts for the purpose of assisting local jails and detention facilities in providing comprehensive, family-based substance abuse treatment services to pregnant and parenting adults who are considered nonviolent offenders. Sets forth criteria that must be met if such a grant is used for a family drug treatment program that is an alternative to incarceration. | {"src": "billsum_train", "title": "To amend the Public Health Service Act regarding residential treatment programs for pregnant and parenting women, a program to reduce substance abuse among nonviolent offenders, and for other purposes."} | 2,009 | 276 | 0.702755 | 2.058677 | 0.939306 | 4.770833 | 7.704167 | 0.954167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Labor Recruiter Accountability Act
of 2003''.
SEC. 2. PROTECTIONS FOR WORKERS RECRUITED ABROAD.
(a) Basic Requirements.--(1) Each employer and foreign labor
contractor who engages in foreign labor contracting activity shall
ascertain and disclose to each such worker who is recruited for
employment the following information at the time of the worker's
recruitment:
(A) The place of employment.
(B) The compensation for the employment.
(C) A description of employment activities.
(D) The period of employment.
(E) The transportation, housing, and any other employee
benefit to be provided and any costs to be charged for each
benefit.
(F) The existence of any labor organizing effort, strike,
lockout, or other labor dispute at the place of employment.
(G) The existence of any arrangements with any owner or
agent of any establishment in the area of employment under
which the contractor or employer is to receive a commission or
any other benefit resulting from any sales (including the
provision of services) by such establishment to the workers.
(H) Whether and the extent to which workers will be
compensated through workers' compensation, private insurance,
or otherwise for injuries or death, including work related
injuries and death, during the period of employment and, if so,
the name of the State workers' compensation insurance carrier
or the name of the policyholder of the private insurance, the
name and the telephone number of each person who must be
notified of an injury or death, and the time period within
which such notice must be given.
(I) Any education or training to be provided or made
available, including the nature and cost of such training, who
will pay such costs, and whether the training is a condition of
employment, continued employment, or future employment.
(J) A statement, approved by the Secretary of Labor,
describing the protections of this Act for workers recruited
abroad.
(2) No foreign labor contractor or employer shall knowingly provide
false or misleading information to any worker concerning any matter
required to be disclosed in paragraph (1).
(3) The information required to be disclosed by paragraph (1) to
workers shall be provided in written form. Such information shall be
provided in English or, as necessary and reasonable, in the language of
the worker being recruited. The Department of Labor shall make forms
available in English, Spanish, and other languages, as necessary, which
may be used in providing workers with information required under this
section.
(4) No fees may be charged to a worker for recruitment.
(5) No employer or foreign labor contractor shall, without
justification, violate the terms of any working arrangement made by
that contractor or employer.
(6) The employer shall pay the transportation costs, including
subsistence costs during the period of travel, for the worker from the
place of recruitment to the place of employment and from the place of
employment to such worker's place of permanent residence.
(b) Other Worker Protections.--(1) Each employer shall notify the
Secretary of the identity of any foreign labor contractor involved in
any foreign labor contractor activity for or on behalf of the employer.
The employer shall be subject to the civil remedies of this Act for
violations committed by such foreign labor contractor to the same
extent as if the employer had committed the violation. The employer
shall notify the Secretary of the identity of such a foreign labor
contractor whose activities do not comply with this Act.
(2) The Secretary shall maintain a list of all foreign labor
contractors whom the Secretary knows or believes have been involved in
violations of this Act, and make that list publicly available. The
Secretary shall provide a procedure by which an employer, a foreign
labor contractor, or someone acting on behalf of such contractor may
seek to have a foreign labor contractor's name removed from such list
by demonstrating to the Secretary's satisfaction that the foreign labor
contractor has not violated this Act in the previous five years.
(3) No foreign labor contractor shall violate, without
justification, the terms of any written agreements made with an
employer pertaining to any contracting activity or worker protection
under this Act.
(c) Discrimination Prohibited.--No person shall intimidate,
threaten, restrain, coerce, blacklist, discharge, or in any manner
discriminate against any worker because such worker has, with just
cause, filed any complaint or instituted, or caused to be instituted,
any proceeding under or related to this Act, or has testified or is
about to testify in any such proceedings, or because of the exercise,
with just cause, by such worker on behalf of himself or others of any
right or protection afforded by this Act.
SEC. 3. ENFORCEMENT PROVISIONS.
(a) Criminal Sanctions.--Whoever knowingly violates this Act shall
be fined under title 18, United States Code, or imprisoned not more
than one year, or both. Upon conviction, after a first conviction under
this section, for a second or subsequent violation of this Act, the
defendant shall be fined under title 18, United States Code, or
imprisoned not more than three years, or both.
(b) Administrative Sanctions.--(1)(A) Subject to subparagraph (B),
the Secretary may assess a civil money penalty of not more than $5,000
on any person who violates this Act.
(B) In determining the amount of any penalty to be assessed under
subparagraph (A), the Secretary shall take into account (i) the
previous record of the person in terms of compliance with this Act and
with comparable requirements of the Fair Labor Standards Act of 1938,
and with regulations promulgated under such Acts, and (ii) the gravity
of the violation.
(2) Any employer who uses the services of a foreign labor
contractor who is on the list maintained by the Secretary pursuant to
section 2(b)(2), shall, if the actions of such foreign labor contractor
have contributed to a violation of this Act by the employer, be fined
$10,000 per violation in addition to any other fines or penalties for
which the employer may be liable for the violation.
(c) Actions by Secretary.--The Secretary may take such actions,
including seeking appropriate injunctive relief and specific
performance of contractual obligations, as may be necessary to assure
employer compliance with terms and conditions of employment under this
Act and with this Act.
(d) Waiver of Rights.--Agreements by employees purporting to waive
or to modify their rights under this Act shall be void as contrary to
public policy.
(e) Representation in Court.--Except as provided in section 518(a)
of title 28, United States Code, relating to litigation before the
Supreme Court, the Solicitor of Labor may appear for and represent the
Secretary in any civil litigation brought under this Act, but all such
litigation shall be subject to the direction and control of the
Attorney General.
SEC. 4. PROCEDURES IN ADDITION TO OTHER RIGHTS OF EMPLOYEES.
The rights and remedies provided to workers by this Act are in
addition to, and not in lieu of, any other contractual or statutory
rights and remedies of the workers, and are not intended to alter or
affect such rights and remedies.
SEC. 5. AUTHORITY TO PRESCRIBE REGULATIONS.
The Secretary of Labor shall prescribe such regulations as may be
necessary to carry out this Act.
SEC. 6. DEFINITIONS.
(a) In General.--Except as otherwise provided by this Act, for
purposes of this Act the terms used in this Act shall have the same
meanings, respectively, as are given those terms in section 3 of the
Fair Labor Standards Act of 1938.
(b) Other Definitions.--As used in this Act:
(1) The term ``United States'' means any within any State.
(2) The term ``State'' means any State of the United States
and includes the District of Columbia, Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Virgin Islands of the United States.
(3) The term ``foreign labor contractor'' means any person
who for any money or other valuable consideration paid or
promised to be paid, performs any foreign labor contracting
activity.
(4) The term ``foreign labor contracting activity'' means
recruiting, soliciting, hiring, employing, or furnishing, an
individual who resides outside of the United States to be
employed in the United States.
(5) The term ``Secretary'' means the Secretary of Labor.
(6) The term ``worker'' means an individual who is the
subject of foreign labor contracting activity. | Labor Recruiter Accountability Act of 2003 - Requires foreign labor contractors (recruiters) and employers to accurately inform foreign workers of specified terms and conditions of their employment at the time they are recruited. Requires such information to be provided in written form in English or, as necessary and reasonable, in the language of the worker being recruited.
Prohibits charging fees to workers for recruitment.
Requires employers to pay such a worker's transportation costs, including subsistence costs during the period of travel: (1) from the place of recruitment to the place of employment; and (2) from the place of employment to the worker's place of permanent residence.
Requires employers to notify the Secretary of Labor of the identity of: (1) any recruiter involved in any foreign labor contractor activity for or on behalf of the employer; and (2) any such recruiter whose activities do not comply with this Act. Subjects employers to the civil remedies of this Act for violations committed by such recruiters to the same extent as if the employers had committed the violations. Directs the Secretary to: (1) maintain a public list of recruiters whom the Secretary knows or believes have been involved in violations of this Act; and (2) provide a procedure for removal of a recruiter's name from the list upon demonstration that such recruiter has not been in violation in the previous five years.
Provides for criminal fines and imprisonment for knowing violations. Authorizes the Secretary to: (1) assess civil fines; and (2) seek injunctive relief and specific performance of contractual obligations to assure employer compliance.
Provides that rights and remedies under this Act are in addition to any other contractual or statutory rights and remedies of workers who are subject to foreign labor contracting activity. | {"src": "billsum_train", "title": "To provide for labor recruiter accountability, and for other purposes."} | 1,855 | 369 | 0.576685 | 1.745992 | 0.878085 | 3.807692 | 5.301775 | 0.902367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``City of North Las Vegas Public Land
Acquisition Act of 1998''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Bureau of Land Management has extensive land
ownership in a large parcel adjacent to private land in the
City of North Las Vegas, Nevada, making this parcel difficult
to manage and more appropriate for disposal.
(2) In order to promote responsible and orderly development
in the City of North Las Vegas, these Federal lands should be
sold or exchanged by the Federal Government based on
recommendations made by the City of North Las Vegas.
(3) The Las Vegas metropolitan area is the fastest growing
urban area in the United States, which is causing significant
impacts upon the Lake Mead National Recreation Area, the Red
Rock Canyon National Conservation Area, and the Spring
Mountains National Recreation Area, which surround the Las
Vegas Valley.
(b) Purpose.--The purpose of this Act is to provide for the orderly
disposal of certain Federal lands in the City of North Las Vegas,
Nevada, and to provide for the acquisition of environmentally sensitive
lands in the State of Nevada.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``unit of local government'' means the City of
North Las Vegas in the State of Nevada.
(3) The term ``Agreement'' means the agreement entitled
``The Interim Cooperative Management Agreement Between The
United States Department of the Interior--Bureau of Land
Management and Clark County'', dated November 4, 1992.
(4) The term ``special account'' means the account in the
Treasury of the United States established under section
4(e)(1)(C).
(5) The term ``Recreation and Public Purposes Act'' means
the Act entitled ``An Act to authorize acquisition or use of
public lands by States, counties, or municipalities for
recreational purposes'', approved June 14, 1926 (43 U.S.C. 869
et seq.).
(6) The term ``regional governmental entity'' means the
Southern Nevada Water Authority, the Regional Flood Control
District, and the Clark County Sanitation District.
SEC. 4. DISPOSAL AND EXCHANGE.
(a) Disposal.--Notwithstanding the land use planning requirements
contained in sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1711 and 1712), the Secretary, in
accordance with this Act, the Federal Land Policy and Management Act of
1976, and other applicable law, and subject to valid existing rights is
authorized to dispose of lands within the boundary of the area under
the jurisdiction of the Director of the Bureau of Land Management in
Clark County, Nevada, as generally depicted on the map entitled ``City
of North Las Vegas: Planned Purchase by City from Bureau of Land
Management at Appraised Fair Market Value (Approx. 7,500 acres)'', Map
#000320, dated December 5, 1989. Such map shall be on file and
available for public inspection in the offices of the Director and the
Las Vegas District of the Bureau of Land Management.
(b) Reservation for Local Public Purposes.--
(1) Recreation and public purpose act conveyances.--Not
less than 30 days before the offering of lands for sale or
exchange pursuant to subsection (a), the State of Nevada or the
unit of local government in whose jurisdiction the lands are
located may elect to obtain any such lands for local public
purposes pursuant to the provisions of the Recreation and
Public Purposes Act. Pursuant to any such election, the
Secretary shall retain the elected lands for conveyance to the
State of Nevada or such unit of the local government in
accordance with the provisions of the Recreation and Public
Purposes Act.
(2) Rights-of-way.--
(A) Issuance.--Upon application, by a unit of local
government or regional governmental entity, the
Secretary, in accordance with this Act and the Federal
Land Policy and Management Act of 1976, and other
applicable provisions of law, shall issue right-of-way
grants on Federal lands in Clark County, Nevada, for
all reservoirs, canals, channels, ditches, pipes,
pipelines, tunnels and other facilities and systems
needed for--
(i) the impoundment, storage, treatment,
transportation, or distribution of water (other
than water from the Virgin River) or
wastewater; or
(ii) flood control management.
(B) Duration.--Right-of-way grants issued under
this paragraph shall be valid in perpetuity.
(C) Waiver of fees.--Right-of-way grants issued
under this paragraph shall not require the payment of
rental or cost recovery fees.
(c) Withdrawal.--Subject to valid existing rights, all Federal
lands identified in subsection (a) for disposal are withdrawn from
location and entry under the mining laws and from operation under the
mineral leasing and geothermal leasing laws until such time as the
Secretary terminates the withdrawal or the lands are patented.
(d) Disposition of Proceeds.--
(1) Land sales.--Of the gross proceeds of sales of land
under this subsection in a fiscal year--
(A) 5 percent shall be paid directly to the State
of Nevada for use in the general education program of
the State;
(B) 10 percent shall be paid directly to the
Southern Nevada Water Authority for water treatment and
transmission facility infrastructure in Clark County,
Nevada; and
(C) the remainder shall be deposited in a special
account in the Treasury of the United States for use
pursuant to the provisions of paragraph (3).
Amounts in the special account shall be available to the
Secretary without further appropriation and shall remain
available until expended.
(2) Land exchanges.--In the case of a land exchange under
this section, the non-Federal party shall provide direct
payments to the State of Nevada and the Southern Nevada Water
Authority in accordance with paragraphs (1)(A) and (B). The
payments shall be based on the fair market value of the Federal
lands to be conveyed in the exchange and shall be considered a
cost incurred by the non-Federal party that shall be
compensated by the Secretary if so provided by any agreement to
initiate exchange.
(3) Availability of special account.--
(A) In general.--Amounts deposited in the special
account may be expended by the Secretary for--
(i) the acquisition of environmentally
sensitive land in the State of Nevada in
accordance with subsection (h), with priority
given to lands located within Clark County;
(ii) capital improvements at the Lake Mead
National Recreation Area, the Desert National
Wildlife Refuge, the Red Rock Canyon National
Conservation Area and other areas administered
by the Bureau of Land Management in Clark
County, and the Spring Mountains National
Recreation Area;
(iii) development of a multispecies habitat
conservation plan in Clark County, Nevada;
(iv) development of parks, trails, and
natural areas in Clark County, Nevada, pursuant
to a cooperative agreement with a unit of local
government; and
(v) reimbursement of costs incurred by the
local offices of the Bureau of Land Management
in arranging sales or exchanges under this Act.
(B) Procedures.--The Secretary shall coordinate the
use of the special account with the Secretary of
Agriculture, the State of Nevada, local governments,
and other interested persons, to ensure accountability
and demonstrated results.
(C) Limitation.--Not more than 25 percent of the
amounts available to the Secretary from the special
account in any fiscal year (determined without taking
into account amounts deposited under subsection (g)(4))
may be used in any fiscal year for the purposes
described in subparagraph (A)(ii).
(e) Investment of Special Account.--All funds deposited as
principal in the special account shall earn interest in the amount
determined by the Secretary of the Treasury on the basis of the current
average market yield on outstanding marketable obligations of the
United States of comparable maturities. Such interest shall be added to
the principal of the account and expended according to the provisions
of subsection (e)(3).
SEC. 5. ACQUISITIONS.
(a) Acquisitions.--
(1) Definition.--For purposes of this subsection, the term
``environmentally sensitive land'' means land or an interest in
land, the acquisition of which the United States would, in the
judgment of the Secretary or the Secretary of Agriculture--
(A) promote the preservation of natural,
scientific, aesthetic, historical, cultural, watershed,
wildlife, and other values contributing to public
enjoyment and biological diversity;
(B) enhance recreational opportunities and public
access;
(C) provide the opportunity to achieve better
management of public land through consolidation of
Federal ownership; or
(D) otherwise serve the public interest.
(2) In general.--After the consultation process has been
completed in accordance with paragraph (3), the Secretary may
acquire with proceeds of the special account environmentally
sensitive land and interests in environmentally sensitive land.
Lands may not be acquired under this section without the
consent of the owner thereof. Funds made available from the
special account may be used with any other funds made available
under any other provision of law.
(3) Consultation.--Before initiating efforts to acquire
land under this subsection, the Secretary or the Secretary of
Agriculture shall consult with the State of Nevada and with
local government within whose jurisdiction the lands are
located, including appropriate planning and regulatory
agencies, and with other interested persons, concerning the
necessity of making the acquisition, the potential impacts on
State and local government, and other appropriate aspects of
the acquisition. Consultation under this paragraph is in
addition to any other consultation required by law.
(b) Administration.--On acceptance of title by the United States,
land and interests in land acquired under this subsection that is
within the boundaries of a unit of the National Forest System, National
Park System, National Wildlife Refuge System, National Wild and Scenic
Rivers System, National Trails System, National Wilderness Preservation
System, any other system established by Act of Congress, or any
national conservation or national recreation area established by Act of
Congress--
(1) shall become part of the unit or area without further
action by the Secretary or Secretary of Agriculture; and
(2) shall be managed in accordance with all laws and
regulations and land use plans applicable to the unit or area.
(c) Determination of Fair Market Value.--The fair market value of
land or an interest in land to be acquired by the Secretary or the
Secretary of Agriculture under this subsection shall be determined
pursuant to section 206 of the Federal Land Policy and Management Act
of 1976 and shall be consistent with other applicable requirements and
standards. Fair market value shall be determined without regard to the
presence of a species listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(d) Payments in Lieu of Taxes.--Section 6901(1) of title 31, United
States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (F);
(2) by striking the period at the end of subparagraph (G)
and inserting ``; or''; and
(3) by adding at the end the following:
``(H) acquired by the Secretary of the Interior or
the Secretary of Agriculture under section 5 of the
Southern Nevada Public Land Management Act of 1997 that
is not otherwise described in subparagraphs (A) through
(G).''.
SEC. 6. REPORT.
The Secretary, in cooperation with the Secretary of Agriculture,
shall submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of Representatives
an annual report on all transactions under this section.
SEC. 7. RECREATION AND PUBLIC PURPOSES ACT.
(a) Transfer of Reversionary Interest.--
(1) In general.--Upon request by a grantee of lands within
Clark County, Nevada, that are subject to a lease or patent
issued under the Recreation and Public Purposes Act, the
Secretary may transfer the reversionary interest in such lands
to other non-Federal lands. The transfer of the reversionary
interest shall only be made to lands of equal value, except
that with respect to the State of Nevada or a unit of local
government an amount equal to the excess (if any) of the fair
market value of lands received by the unit of local government
over the fair market value of lands received by the unit of
local government over the fair market value of lands
transferred by the unit of local government shall be paid to
the Secretary and shall be treated under subsection (e)(1) of
this section as proceeds from the sale of land. For purposes of
this subsection, the fair market value of lands to be
transferred by the State of Nevada or a unit of local
government may be based upon a statement of value prepared by a
qualified appraiser.
(2) Terms and conditions applicable to lands acquired.--
Land selected under this subsection by a grantee described in
paragraph (1) shall be subject to the terms and conditions,
uses, and acreage limitations of the lease or patent to which
the lands transferred by the grantee were subject, including
the reverter provisions, under the Recreation and Public
Purposes Act. | City of North Las Vegas Public Land Acquisition Act of 1998 - Authorizes the Secretary of the Interior to dispose of specified lands under the jurisdiction of the Bureau of Land Management in Clark County, Nevada.
Permits Nevada or the unit of local government in whose jurisdiction the lands are located, to elect to obtain any such lands for local public purposes. Requires the Secretary, upon application by a unit of local government or regional governmental entity, to issue right-of-way grants on Federal lands in Clark County, Nevada, for all reservoirs, canals, channels, ditches, pipes, pipelines, tunnels, and other facilities and systems needed for: (1) the impoundment, storage, treatment, transportation, or distribution of water (other than water from the Virgin river) or wastewater; or (2) flood control management.
Directs that, of the gross proceeds of sales of lands in a fiscal year: (1) five percent be paid directly to Nevada for use in the State's general education program; (2) ten percent be paid directly to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure in Clark County; and (3) the remainder be deposited in a special account for use pursuant to the special account provisions specified under this Act. Requires that, in the case of a land exchange, the non-Federal party provide direct payments to Nevada and the Southern Nevada Water Authority. Allows amounts deposited in the special account to be expended by the Secretary for: (1) the acquisition of environmentally sensitive land in Nevada, with priority given to lands located within Clark County; (2) capital improvements at the Lake Mead National Recreation Area, the Desert National Wildlife Refuge, the Red Rock Canyon National Conservation Area and other areas administered by the Bureau in Clark County, and the Spring Mountains National Recreation Area; (3) development of a multispecies habitat conservation plan in Clark County; (4) development of parks, trails, and natural areas in Clark County pursuant to a cooperative agreement with a unit of local government; and (5) reimbursement of costs incurred by the Bureau's local offices in arranging sales or exchanges under this Act.
Requires the Secretary to: (1) coordinate the use of the special account with the Secretary of Agriculture, Nevada, local governments, and other interested persons to ensure accountability and demonstrated results; and (2) submit an annual report on all transactions under this Act to the Senate Committee on Energy and Natural Resources and the House Committee on Resources.
Authorizes the Secretary to: (1) acquire with proceeds of the special account environmentally sensitive land and interests; and (2) transfer, upon request by a grantee of lands within Clark County that are subject to a lease or patent issued under the Recreation and Public Purposes Act, the reversionary interest in such lands to other non-Federal lands. | {"src": "billsum_train", "title": "City of North Las Vegas Public Land Acquisition Act of 1998"} | 2,913 | 604 | 0.63969 | 2.120244 | 0.704829 | 5.028269 | 4.879859 | 0.961131 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Healthcare Nurse Promotion Act
of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) There is a significant shortage of home healthcare
nurses, which is harming individuals' access to cost-effective
home healthcare, particularly among underserved and high-risk
populations. A recent survey found that 59 percent of visiting
nurse associations indicated they must decline patient
referrals on a weekly basis.
(2) The increasing aging population, prevalence of chronic
disease, and strong preference by individuals to live
independently at home as long as possible will create an
unprecedented demand for home-based care during the next
several decades. By 2020, home health utilization is projected
to increase by 36 percent.
(3) The demand for home healthcare nurses is projected to
increase by 109 percent by 2020, compared to 37 percent for
hospital nurses.
(4) An estimated 1,000,000 new registered nurses will be
needed by 2016 to fill new demand for nurses and replace
retirees.
(5) Visiting nurse associations have been shown to lower
costs for high-cost patient populations. Yet because they
provide a substantial amount of uncompensated care, they are
increasingly unable to compete for nurses in a national nursing
shortage environment.
(6) A recent survey by the Visiting Nurses Association of
America found that--
(A) staff nursing rate shortages average around 10
percent;
(B) 81 percent of visiting nurse associations
indicate that salary limitations are the number one
barrier to recruitment; and
(C) 22 percent of visiting nurse associations
indicate that their local hospital offers salaries
$10,000 greater than they are able to offer.
(b) Purpose.--The purpose of this Act is to increase home health
care services, particularly for underserved and at-risk populations,
by--
(1) assisting visiting nurse associations and other non-
profit home health agencies to improve training and workforce
development for home healthcare nurses;
(2) promoting and facilitating academic-practice
collaborations; and
(3) improving recruitment and retention of home healthcare
nurses.
SEC. 3. DEFINING VISITING NURSE ASSOCIATION.
Section 801 of the Public Health Service Act (42 U.S.C. 296) is
amended by adding at the end the following new paragraph:
``(16) Visiting nurse association.--The term `visiting
nurse association' means a home health agency that--
``(A) has a participation agreement in effect under
section 1866 of the Social Security Act;
``(B) is a nonprofit entity exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of
1986;
``(C) is organized and participating under title
XVIII of the Social Security Act as a provider of
services separately from any other provider of services
under such title; and
``(D) is governed by a board of directors and all
members of the board (excluding the head of the agency
in any case in which the head of the agency is a board
member) serve on such board on an exclusively volunteer
basis.''.
SEC. 4. HOME HEALTH TRAINING AND LOAN FORGIVENESS PROGRAMS.
(a) Home Health Nurse Training Programs.--Part D of title VIII of
the Public Health Service Act (42 U.S.C. 296p) is amended by adding at
the end the following new sections:
``SEC. 832. HOME HEALTH NURSE TRAINING PROGRAM GRANTS.
``(a) In General.--The Secretary may make grants under this section
to visiting nurse associations for the purpose of providing training in
home health care to nurses who--
``(1) are hired by a visiting nurse association to provide
home health care; and
``(2) have no recent nursing work experience in home health
care.
``(b) Priority for Grants.--When awarding grants under subsection
(a), the Secretary shall give priority to visiting nurse associations
that provide medically-necessary home health care to individuals who
request home health services (as defined in section 1861(m) of the
Social Security Act) from such associations, regardless of ability to
pay.
``SEC. 833. PILOT PROGRAM FOR HOME HEALTH TRAINING AT SCHOOLS OF
NURSING.
``(a) In General.--Not later than the last day of the 90-day period
beginning on the date of enactment of this section, the Secretary shall
establish a pilot program to make grants to a number (to be determined
by the Secretary, but to be not less than five and not more than 10) of
accredited schools of nursing that have entered into partnerships with
visiting nurse associations for the purpose of developing and
implementing a curriculum on home health care at such schools.
``(b) Application.--In order to qualify for a grant under
subsection (a), a school of nursing must submit an application to the
Secretary--
``(1) demonstrating that the school has established a
partnership with a visiting nurse association as required in
subsection (a); and
``(2) containing--
``(A) a description of how the school and the
association will work collaboratively to develop and
implement a curriculum on home health care for the
students at the school;
``(B) a description of how academic-practice
collaboration will occur, such as--
``(i) utilizing visiting nurse faculty from
the visiting nurse association; and
``(ii) promoting student nurse internships,
mentoring opportunities, or other collaborative
activities to aid in the education and
practical home healthcare experience of nursing
students; and
``(C) any other information required by the
Secretary.
``(c) Termination Date.--The pilot program under subsection (a)
shall terminate at the end of the 5-year period beginning on the date
of enactment of this section.
``(d) Report.--Not later than the last day of the first calendar
year following the date of enactment of this section and the end of
each succeeding calendar year, the Secretary shall submit to Congress a
report on the pilot program under subsection (a).
``SEC. 834. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
(other than section 831) such sums as may be necessary in each fiscal
year.''.
(b) Loan Forgiveness for Certain Nurses.--
(1) Amendments regarding service for visiting nurse
associations.--Section 846 of such Act (42 U.S.C. 297n) is
amended--
(A) in subsection (a)(3), by inserting ``or for a
visiting nurse association'' after ``critical shortage
of nurses'';
(B) in subsection (g)(2)--
(i) by striking ``or health facility'' and
inserting ``, health facility, or visiting
nurse association'';
(ii) by striking ``or the health facility''
and inserting ``, the health facility, or the
visiting nurse association''; and
(iii) by striking ``or facility'' each
place it appears and inserting ``, facility, or
association''; and
(C) in subsection (h)(5) by inserting ``and
visiting nurse associations'' before the semicolon at
the end.
(2) Technical amendments.--Section 846 of such Act (42
U.S.C. 297n) is further amended--
(A) by striking subsection (f); and
(B) by redesignating subsections (g) through (i) as
subsections (f) through (h), respectively. | Home Healthcare Nurse Promotion Act of 2009 - Amends the Public Health Service Act to: (1) define "visiting nurse association" for purposes of the Act; (2) authorize the Secretary of Health and Human Services to make grants to visiting nurse associations to provide training in home health care to nurses who are hired to provide such care and have no recent nursing work experience in home health care; (3) direct the Secretary to establish a pilot program to make grants to accredited schools of nursing to develop and implement curricula on home health care and report to Congress on such pilot program; and (4) extend the nursing workforce development loan repayment and scholarship program to nurses who work for a visiting nurse association. | {"src": "billsum_train", "title": "To increase home healthcare services, particularly for underserved and at-risk populations, by assisting visiting nurse associations and other non-profit home health agencies to improve training and workforce development for home healthcare nurses, promoting and facilitating academic-practice collaborations, and enhancing recruitment and retention of home healthcare nurses."} | 1,698 | 142 | 0.588125 | 1.578929 | 0.644078 | 3.15942 | 11.304348 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pine River Indian Irrigation Project
Act of 2009''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) drought, population increases, and environmental needs
are exacerbating water supply issues across the western United
States, including on the Southern Ute Indian Reservation in
southwestern Colorado;
(2)(A) a report of the Government Accountability Office
dated 2006 identified significant issues with the Pine River
Indian Irrigation Project, including the issue that, at the
time of the study, the Bureau of Indian Affairs estimated that
total deferred maintenance costs for the Project exceeded
$20,000,000; and
(B) other estimates have placed those costs at more than
$60,000,000;
(3) the report of the Government Accountability Office
demonstrates that key facilities of the Project are severely
deteriorated;
(4) operations and maintenance fees are not sufficient to
address the condition of the Project, even though the Bureau of
Indian Affairs has sought to double those fees, from $8.50 to
$17, in recent years;
(5) the report of the Government Accountability Office also
notes that a prior study done by the Bureau of Reclamation
determined that water users could not afford to pay operations
and maintenance fees of $8.50 and operate a profitable farming
operation;
(6) the benefits of rehabilitating and repairing the
irrigation infrastructure of the Project include--
(A) water conservation;
(B) extending available water supply;
(C) increased agricultural production;
(D) economic benefits;
(E) safer facilities; and
(F) the preservation of the culture of the Southern
Ute Indian Tribe;
(7) while, as of the date of enactment of this Act, the
Project is managed by the Bureau of Indian Affairs, the
Southern Ute Indian Tribe also receives water from facilities
owned or operated by the Bureau of Reclamation; and
(8) rehabilitation and repair of the infrastructure of the
Project by the Bureau of Reclamation would improve--
(A) overall water management; and
(B) the ability of the Southern Ute Indian Tribe
and the Bureau of Reclamation to address potential
water conflicts.
(b) Purpose.--The purpose of this Act is to require the Secretary
of the Interior--
(1) to assess the condition of infrastructure of the Pine
River Indian Irrigation Project;
(2) to establish priorities for the rehabilitation of
irrigation infrastructure within the Project according to
specified criteria; and
(3) to implement rehabilitation activities for the
irrigation infrastructure of the Project.
SEC. 3. DEFINITIONS.
In this Act:
(1) Project.--The term ``Project'' means the Pine River
Indian Irrigation Project.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Colorado.
(4) Tribal council.--The term ``Tribal Council'' means the
Southern Ute Indian Tribal Council.
(5) Tribe.--The term ``Tribe'' means the Southern Ute
Indian Tribe.
SEC. 4. STUDY OF IRRIGATION INFRASTRUCTURE OF PROJECT.
(a) Study.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary, in consultation with the
Tribe, shall--
(A) conduct a study of the irrigation
infrastructure of the Project; and
(B) based on the results of the study, develop a
list of activities (including a cost estimate for each
activity) that are recommended to be implemented during
the 10-year period beginning on the date of completion
of the study to repair, rehabilitate, or reconstruct
that irrigation infrastructure.
(2) Factors for consideration.--
(A) In general.--In developing the list under
paragraph (1)(B), the Secretary shall give priority to
activities based on--
(i) a review of the priority factors
described in subparagraph (B) with respect to
the activity;
(ii) recommendations of the Tribe, if any;
and
(iii) a consideration of the projected
benefits of each activity on completion of the
Project.
(B) Priority factors.--The priority factors
referred to in subparagraph (A)(i) are--
(i) any threat to the health and safety
of--
(I) a member of the Tribe;
(II) an employee of the irrigation
operations and maintenance program of
the Bureau of Indian Affairs; or
(III) the general public;
(ii) the extent of disrepair of the
irrigation infrastructure of the Project and
the effect of the disrepair on the ability of
users of the Project to irrigate agricultural
land using that irrigation infrastructure;
(iii) whether, and the extent to which, the
repair, rehabilitation, or reconstruction of
the irrigation infrastructure of the Project
would provide an opportunity to conserve water;
(iv)(I) the economic and cultural impacts
the irrigation infrastructure of the Project
that is in disrepair has on the Tribe; and
(II) the economic and cultural benefits
that the repair, rehabilitation, or
reconstruction of that irrigation
infrastructure would have on the Tribe;
(v) the opportunity to address water supply
or environmental conflicts if the irrigation
infrastructure of the Project is repaired,
rehabilitated, or reconstructed; and
(vi) the overall benefits of the activity
to efficient water operations on the land of
the Tribe.
(3) Consultation.--In carrying out the study under this
subsection, the Secretary shall consult with the Assistant
Secretary for Indian Affairs and other relevant Federal and
local officials to evaluate the extent to which programs under
the jurisdiction of each Federal and local agency may be used
to develop--
(A) the list of activities under paragraph (1)(B);
or
(B) the report under subsection (b).
(b) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate, the
Committee on Natural Resources of the House of Representatives,
and the Tribe a report that includes--
(A) the list of activities recommended for
implementation under subsection (a)(1)(B); and
(B) any findings of the Secretary with respect to--
(i) the study under subsection (a);
(ii) consideration of the factors described
in subsection (a)(2); and
(iii) any consultation required under
subsection (a)(3).
(2) Biennial review.--Not later than 2 years after the date
on which the Secretary submits the report under paragraph (1)
and every 2 years thereafter, the Secretary, in consultation
with the Tribe, shall--
(A) review the report; and
(B) update the list of activities under subsection
(a)(1)(B) in accordance with each factor described in
subsection (a)(2), as the Secretary determines to be
appropriate.
SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS AND AGREEMENTS.
(a) In General.--Subject to subsection (b), the Secretary may
provide grants to, and enter into cooperative agreements with, the
Tribe to plan, design, construct, or otherwise implement any activity
to repair, rehabilitate, reconstruct, or replace irrigation
infrastructure of the Project, if the activity is recommended for
implementation on the list under section 4(a)(1)(B).
(b) Limitation.--Assistance provided under subsection (a) shall not
be used for any on-farm improvement.
(c) Consultation and Coordination.--In providing assistance under
subsection (a), the Secretary shall--
(1) consult with, and obtain the approval of, the Tribe;
(2) consult with the Assistant Secretary for Indian
Affairs; and
(3) as appropriate, coordinate the activity with any work
being conducted under the irrigation operations and maintenance
program of the Bureau of Indian Affairs.
(d) Cost Sharing Requirement.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the total cost of carrying out an activity
using assistance under subsection (a) shall be not more than 75
percent.
(2) Exception.--The Secretary may waive or limit the non-
Federal share required under paragraph (1) on request of the
Tribe.
SEC. 6. EFFECT OF ACT.
(a) Water Rights of Tribe.--Nothing in this Act (including the
implementation of any activity carried out in accordance with this Act)
affects any right of the Tribe to receive, divert, store, or claim a
right to water, including the priority of right and the quantity of
water associated with the water right under Federal or State law.
(b) State Water Law.--Nothing in this Act preempts or affects--
(1) any provision of water law of the State; or
(2) any interstate compact governing water.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Study.--There is authorized to be appropriated to carry out the
study under section 4 $4,000,000.
(b) Irrigation Infrastructure Grants and Agreements.--There is
authorized to be appropriated to carry out section 5 $10,000,000 for
each of fiscal years 2010 through 2015. | Pine River Indian Irrigation Project Act of 2009 - Directs the Secretary of the Interior to study the irrigation infrastructure of the Pine River Indian Irrigation Project, Colorado, and develop a list of activities that are recommended to be implemented over a 10-year period to repair, rehabilitate, or reconstruct that infrastructure.
Requires the Secretary to prioritize activities based on: (1) a review of specified priority factors (i.e., threats to health and safety; the extent of disrepair and its effect on the ability of Project users to irrigate agricultural land; the extent to which infrastructure repair would provide an opportunity to conserve water; the economic and cultural impacts the disrepair has, and benefits the repair would have, on the Tribe; the opportunity to address water supply or environmental conflicts through repair; and overall benefits of the activity to efficient water operations on the land of the Tribe); (2) recommendations of the Tribe; and (3) a consideration of projected benefits on Project completion.
Authorizes the Secretary to provide grants to, and enter into cooperative agreements with, the Tribe to repair, rehabilitate, reconstruct, or replace the Project's irrigation infrastructure. Prohibits such assistance from being used for on-farm improvements. Requires the Secretary, in providing assistance, to coordinate the activity with any work being conducted under the irrigation operations and maintenance program of the Bureau of Indian Affairs (BIA).
Caps the federal share of the total cost at 75%, subject to a waiver or limitation on the nonfederal share, at the Tribe's request. | {"src": "billsum_train", "title": "To require the Secretary of the Interior to assess the irrigation infrastructure of the Pine River Indian Irrigation Project in the State of Colorado and provide grants to, and enter into cooperative agreements with, the Southern Ute Indian Tribe to assess, repair, rehabilitate, or reconstruct existing infrastructure, and for other purposes."} | 2,030 | 341 | 0.649324 | 2.100105 | 0.763051 | 3.862416 | 6.305369 | 0.92953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom For Consumer Choice Act''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act, the following definitions shall
apply:
(1) Antitrust laws.--The term ``antitrust laws'' includes--
(A) the Act entitled ``An Act to protect trade and
commerce against unlawful restraints and monopolies'',
approved July 2, 1890;
(B) sections 73 through 76 of an Act entitled ``An
Act to reduce taxation, to provide revenue for the
Government, and for other purposes'', approved August
27, 1894;
(C) the Act entitled ``An Act to amend sections 73
and 76 of the Act of August 27, 1894, entitled An Act
to reduce taxation, to provide revenue for the
Government, and for other purposes'', approved February
12, 1913; and
(D) the Act entitled ``An Act to supplement
existing laws against unlawful restraints and
monopolies, and for other purposes'', approved October
15, 1914.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Electronic communications network.--The term
``electronic communications network'' means--
(A) a transmission system; and
(B) where applicable, switching or routing
equipment and other facilities which permit the
conveyance of signals by wire, radio, optical, or other
electromagnetic means, over satellite, cable, or other
facilities, whether fixed or mobile, to the extent that
such facilities are used for the purpose of
transmitting signals, irrespective of the type of
information conveyed.
(4) Electronic communications service.--The term
``electronic communications service'' means a service normally
provided for remuneration which consists wholly or mainly in
the conveyance of signals on electronic communications
networks.
(5) Unfair methods of competition.--
(A) In general.--The term ``unfair methods of
competition'' means--
(i) practices that present a threat of
abuse of significant and nontransitory market
power as determined by the Commission
consistent with the application of
jurisprudential principles grounded in market-
oriented competition analysis such as those
commonly employed by the Federal Trade
Commission and the United States Department of
Justice in enforcing the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) and the
antitrust laws of the United States; and
(ii) with respect to interconnection,
practices that pose a substantial and
nontransitory risk to consumer welfare by
materially and substantially impeding the
interconnection of public communications
facilities and services in circumstances in
which the Commission determines that
marketplace competition is not sufficient to
adequately protect consumer welfare.
(B) Interconnection determination.--In making any
determination under subparagraph (A)(ii), the
Commission shall consider whether requiring
interconnection will adversely affect investment in
facilities and innovation in services.
(b) Common Terminology.--Except as otherwise provided in subsection
(a), terms used in this Act shall have the same meaning given to such
terms under sections 3, 254, and 602 of the Communications Act of 1934
(47 U.S.C. 153, 254, and 522).
SEC. 3. FINDINGS AND POLICY.
(a) Findings.--Congress finds that--
(1) in 1996, Congress enacted and the President signed into
law the Telecommunications Act of 1996, which was intended to
provide a procompetitive, deregulatory framework designed to
facilitate the continuing transition to a more competitive
communications market;
(2) since the enactment and implementation of the
Telecommunications Act of 1996, rapid advances in technology
and marketplace developments have further increased the
existence of competition in all communications markets and the
likelihood of the continuing existence and increasing intensity
of competition;
(3) competition in a dynamic communications marketplace is
the most effective and efficient means for protecting consumers
and enhancing the consumer welfare of all the people of the
United States in terms of achieving the optimum mix of price,
quality, and consumer choice; and
(4) unnecessary regulation regarding protection of
consumers and enhancement of consumer welfare deters--
(A) investment in new and advanced communications
facilities; and
(B) the development of new services and
applications.
(b) Policy.--It shall be the policy of the United States
Government--
(1) to promote the widespread availability of
communications services for all Americans in order to assure
that the American people have access to a diversity of
information sources necessary for democratic government;
(2) to promote the integrity, reliability, and efficiency
of communications facilities in a manner consistent with--
(A) the encouragement of investment in advanced
communications networks; and
(B) innovation in communications services and
applications;
(3) that economic regulation of communications markets
should be presumed unnecessary absent circumstances that
demonstrate the existence of a significant threat of abuse of
market power that poses a substantial and nontransitory risk to
consumer welfare; and
(4) that in order to ensure that the actions of the Federal
Communications Commission are consistent with the findings in
subsection (a), and to effectuate the deregulatory policy
declared in this subsection, the decisions of the Commission
should be based on jurisprudential principles grounded in
market-oriented competition analysis such as those commonly
employed by the Federal Trade Commission and the Department of
Justice in enforcing the Federal Trade Commission Act (15
U.S.C. 41 et seq.) and the antitrust laws of the United States.
SEC. 4. PROHIBITION OF UNFAIR METHODS OF COMPETITION.
(a) In General.--It shall be unlawful for any provider of
electronic communications service, including any State, or any general
purpose political subdivision of a State, to engage or participate, or
to attempt to engage or participate, in--
(1) unfair methods of competition in or affecting
electronic communications networks and electronic
communications services; or
(2) unfair or deceptive practices in or affecting
electronic communications networks and electronic
communications services.
(b) Rulemaking Authority.--
(1) In general.--The Commission may, by rule, define with
specificity, the acts or practices that shall constitute unfair
methods of competition or unfair or deceptive acts or practices
as described in subsection (a).
(2) Content of rules.--Rules promulgated under paragraph
(1) may include such requirements as the Commission determines
necessary to prevent any methods, acts, or practices prohibited
by this section.
(3) Limitation.--
(A) In general.--Notwithstanding paragraph (1) and
except as provided in subparagraph (B), the Commission
shall have no authority to issue rules that declare
unlawful an act or practice on the grounds that such
act or practice is an unfair method of competition or
unfair or deceptive act or practice.
(B) Exception.--The Commission may declare an act
or practice unlawful if the Commission determines,
based on a showing of clear and convincing evidence
presented in a rulemaking proceeding, that--
(i) marketplace competition is not
sufficient to adequately protect consumer
welfare; and
(ii) such act or practice--
(I) causes or is likely to cause
substantial injury to consumers; and
(II) is not--
(aa) avoidable by consumers
themselves; and
(bb) outweighed by
countervailing benefits to
consumers or to competition.
(4) Sunset of rules.--Any rule promulgated under paragraph
(1) shall terminate on the day that is 5 years after the date
on which such rule became effective unless the Commission, in a
proceeding in which the public is afforded notice and an
opportunity to comment, makes an affirmative determination,
based on a showing of clear and convincing evidence presented
in such proceeding, that the rule continues to be necessary
because marketplace competition is not sufficient to adequately
protect consumers from substantial injury which is not--
(A) avoidable by consumers themselves; and
(B) outweighed by countervailing benefits to
consumers or to competition.
SEC. 5. ACTIONS FOR COMPLAINTS.
The Commission shall have authority--
(1) to hear complaints from any party injured by a
violation of the prohibitions established under section 4; and
(2) to award damages to such injured party if the
Commission determines that a violation of that section has
occurred.
SEC. 6. TIME LIMITS ON COMMISSION ACTION.
(a) 120-Day Limit for Applications With Supporting Testimony.--If
an application is filed with the Commission under this or any other
Act, and such application is accompanied by supporting testimony from
the applicant or a detailed summary of that testimony, together with
exhibits, if any, the Commission shall issue a decision on such
application not later than 120 days after the application is deemed
complete (as the Commission shall, by rule, determine).
(b) 210-Day Limit for Applications Without Supporting Testimony.--
If an application is filed with the Commission under this or any other
Act, and such application is not accompanied by supporting testimony
and exhibits, the Commission shall issue a decision on such application
not later than 210 days after the application is deemed complete (as
the Commission shall, by rule, determine).
(c) Waiver.--The time limits specified in subsections (a) and (b)--
(1) may be waived by an applicant; and
(2) if so waived, shall not be binding on the Commission.
(d) Extension of Time.--The Commission, in particular cases, under
extraordinary conditions, and after notice and a hearing at which the
existence of such conditions are established, may extend the time
limits specified in subsections (a) and (b) for a period not to exceed
an additional 90 days.
SEC. 7. ADDITIONAL POWERS OF THE COMMISSION.
The Commission shall have authority--
(1) to research and investigate, from time to time, the
organization, business, conduct, or practices of--
(A) any person or entity engaged in, or whose
business affects, the operation of electronic
communications networks; and
(B) any provider of electronic communications
service;
(2) to require any person or entity that owns or operates
an electronic communications networks, or any class of such
persons or entities, to file, in such form, in such manner, and
at such time as the Commission may determine, reports or
answers to specific questions regarding the organization,
business, conduct, or practices of such person or entity, such
reports or answers shall be in writing and made under penalty
of perjury;
(3) to make public, from time to time, in such form, and in
such manner as the Commission determines--
(A) such portions of the information obtained under
paragraph (1) as are in the public interest; and
(B) the reports and answers described under
paragraph (2), except that the Commission--
(i) may not make public any trade secret or
any privileged or confidential commercial or
financial information obtained from such
reports or answers; and
(ii) may disclose such trade secrets or
information to officers and employees of an
appropriate Federal or State law enforcement
agency upon prior certification by an officer
of that Federal or State law enforcement agency
that such trade secrets or information shall--
(I) be maintained in confidence;
and
(II) be used only for official law
enforcement purposes; and
(4) to make annual and special reports to Congress and to
submit with such reports recommendations for additional
legislation. | Freedom for Consumer Choice Act - States U.S. government policy with regard to: (1) the promotion of the widespread availability of communications services; (2) the promotion of the integrity of communications facilities through investment and innovation in advanced communications networks; and (3) the economic regulation of communications markets.
Makes it unlawful for providers of electronic communication services to engage or participate in: (1) unfair methods of competition in or affecting electronic communications networks and services; or (2) unfair or deceptive practices in or affecting such networks and services.
Authorizes the Federal Communications Commission (FCC), by rule, to define the acts or practices that shall constitute such unfair methods of competition or unfair or deceptive acts or practices.
Bars the FCC from having any authority to issue rules that declare unlawful an act or practice on the grounds that it is an unfair method of competition or unfair or deceptive act or practice, except that the FCC may declare an act or practice unlawful if: (1) marketplace competition is insufficient to adequately protect consumer welfare; and (2) such act or practice causes or is likely to cause substantial injury to consumers, is unavoidable by consumers themselves, and is outweighed by countervailing benefits to consumers or to competition.
Terminates any rule promulgated under this Act five years after its effective date unless the FCC makes an affirmative determination that such rule continues to be necessary.
Grants the FCC the authority to hear complaints from any party injured by a violation of the prohibitions under this Act and to award damages to such party if such a violation has occurred.
Sets forth specified additional authorities of the FCC. | {"src": "billsum_train", "title": "A bill to encourage continued investment and innovation in communications networks by establishing a new, competition analysis-based regulatory framework for the Federal Communications Commission."} | 2,463 | 338 | 0.538683 | 1.606313 | 0.795015 | 3.835443 | 7.408228 | 0.917722 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infertility Coverage for Federal
Employees, Military Personnel, and their Families Act''.
SEC. 2. INFERTILITY BENEFITS.
(a) Federal Employee Health Benefits Plans.--Section 8904 of title
5, United States Code, is amended by adding at the end the following:
``(c)(1) Each health benefits plan described by section 8903 or
8903a which provides obstetrical benefits shall also provide coverage
for the diagnosis and treatment of infertility, including
nonexperimental assisted reproductive technology procedures.
``(2) Under this subsection--
``(A) coverage for the diagnosis or treatment of
infertility may not be subject to any copayment or deductible
greater than applies with respect to obstetrical benefits under
the plan involved; and
``(B) coverage for a procedure described in paragraph
(5)(B) shall, in the case of any individual, be required only
if--
``(i) such individual has been unable to carry a
pregnancy to live birth through less costly, medically
appropriate infertility treatments for which such
individual has coverage under this chapter;
``(ii) the procedure (including any retrieval
incident thereto) is performed at medical facilities
that conform to the standards of the American Society
for Reproductive Medicine, the Society for Assisted
Reproductive Technology, the American College of
Obstetricians and Gynecologists, or any other similar
nationally-recognized organization, or a Federal agency
that promulgates standards for infertility procedures;
and
``(iii) if the services of a laboratory are
required, such laboratory is accredited by the College
of American Pathologists' Reproductive Laboratory
Accreditation Program or any other similar nationally-
recognized program, or a Federal agency performing a
similar function.
``(3)(A) Except as provided in subparagraph (B) or (C)--
``(i) coverage for a procedure described in paragraph
(5)(B) may be provided only if the individual involved has not
already undergone 4 attempts to achieve a live birth using any
such procedures; and
``(ii) coverage for an oocyte retrieval may be provided
only if the individual involved has not already undergone 4
complete oocyte retrievals.
``(B) For purposes of clause (i) of subparagraph (A)--
``(i) if a live birth results from the third attempt (using
a procedure described in paragraph (5)(B)), such clause shall
be applied by substituting `5' for `4'; and
``(ii) if a live birth results from the fourth attempt
(using a procedure described in paragraph (5)(B)), such clause
shall be applied by substituting `6' for the otherwise
applicable lifetime maximum.
``(C) For purposes of clause (ii) of subparagraph (A)--
``(i) if a live birth results from the third oocyte
retrieval, such clause shall be applied by substituting `5' for
`4'; and
``(ii) if a live birth results from the fourth oocyte
retrieval, such clause shall be applied by substituting `6' for
the otherwise applicable lifetime maximum.
``(4) In no event shall this subsection be considered to permit or
require coverage--
``(A) if, or to the extent that, the health benefits plan
objects to such coverage on the basis of religious beliefs; or
``(B) in connection with any procedure or treatment, unless
rendered by a physician or at the direction or request of a
physician.
``(5) For purposes of this subsection--
``(A) the term `infertility' means--
``(i) the inability to conceive a pregnancy after
12 months of regular sexual relations without
contraception or to carry a pregnancy to a live birth;
or
``(ii) the presence of a demonstrated condition
determined by 2 physicians (at least 1 of whom
specializes in infertility) to cause infertility; and
``(B) the term `nonexperimental assisted reproductive
technology procedure' means in vitro fertilization, gamete
intrafallopian transfer, zygote intrafallopian transfer, and
any other clinical treatment or procedure the safety and
efficacy of which are recognized by the American Society for
Reproductive Medicine, the American College of Obstetricians
and Gynecologists, or any other similar nationally-recognized
organization, or a Federal agency described in paragraph
(2)(B)(iii).
``(6) The Office shall prescribe any regulations necessary to carry
out this subsection.''.
(b) Defense Health Care Plans.--(1) Chapter 55 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 1110a. Obstetrical and infertility benefits
``(a)(1) Any health care plan under this chapter which provides
obstetrical benefits shall also provide coverage for the diagnosis and
treatment of infertility, including nonexperimental assisted
reproductive technology procedures.
``(2) Under this subsection--
``(A) coverage for the diagnosis or treatment of
infertility may not be subject to any copayment or deductible
greater than applies with respect to obstetrical benefits under
the plan involved; and
``(B) coverage for a procedure described in paragraph
(5)(B) shall, in the case of any individual, be required only
if--
``(i) such individual has been unable to carry a
pregnancy to live birth through less costly, medically
appropriate infertility treatments for which such
individual has coverage under this chapter;
``(ii) the procedure (including any retrieval
incident thereto) is performed at medical facilities
that conform to the standards of the American Society
for Reproductive Medicine, the Society for Assisted
Reproductive Technology, the American College of
Obstetricians and Gynecologists, or any other similar
nationally-recognized organization, or a Federal agency
that promulgates standards for infertility procedures;
and
``(iii) if the services of a laboratory are
required, such laboratory is accredited by the College
of American Pathologists' Reproductive Laboratory
Accreditation Program or any other similar nationally-
recognized program, or a Federal agency performing a
similar function.
``(3)(A) Except as provided in subparagraph (B) or (C)--
``(i) coverage for a procedure described in paragraph
(5)(B) may be provided only if the individual involved has not
already undergone 4 attempts to achieve a live birth using any
such procedures; and
``(ii) coverage for an oocyte retrieval may be provided
only if the individual involved has not already undergone 4
complete oocyte retrievals.
``(B) For purposes of clause (i) of subparagraph (A)--
``(i) if a live birth results from the third attempt (using
a procedure described in paragraph (5)(B)), such clause shall
be applied by substituting `5' for `4'; and
``(ii) if a live birth results from the fourth attempt
(using a procedure described in paragraph (5)(B)), such clause
shall be applied by substituting `6' for the otherwise
applicable lifetime maximum.
``(C) For purposes of clause (ii) of subparagraph (A)--
``(i) if a live birth results from the third oocyte
retrieval, such clause shall be applied by substituting `5' for
`4'; and
``(ii) if a live birth results from the fourth oocyte
retrieval, such clause shall be applied by substituting `6' for
the otherwise applicable lifetime maximum.
``(4) In no event shall this subsection be considered to permit or
require coverage--
``(A) if, or to the extent that, the health benefits plan
objects to such coverage on the basis of religious beliefs; or
``(B) in connection with any procedure or treatment, unless
rendered by a physician or at the direction or request of a
physician.
``(5) For purposes of this subsection--
``(A) the term `infertility' means--
``(i) the inability to conceive a pregnancy after
12 months of regular sexual relations without
contraception or to carry a pregnancy to a live birth;
or
``(ii) the presence of a demonstrated condition
determined by 2 physicians (at least 1 of whom
specializes in infertility) to cause infertility; and
``(B) the term `nonexperimental assisted reproductive
technology procedure' means in vitro fertilization, gamete
intrafallopian transfer, zygote intrafallopian transfer, and
any other clinical treatment or procedure the safety and
efficacy of which are recognized by the American Society for
Reproductive Medicine, the American College of Obstetricians
and Gynecologists, or any other similar nationally-recognized
organization, or a Federal agency described in paragraph
(2)(B)(iii).
``(b) The Secretary of Defense shall prescribe any regulations
necessary to carry out this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1110a. Obstetrical and infertility benefits.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
contracts entered into or renewed for any year beginning after the end
of the 6-month period beginning on the date of enactment of this Act. | Infertility Coverage for Federal Employees, Military Personnel, and their Families Act - Requires any health benefits plan under the Federal Employees Health Benefit Program or TRICARE (a Department of Defense managed health care program) that provides obstetrical benefits to also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures. | {"src": "billsum_train", "title": "To amend chapter 89 of title 5, United States Code, and chapter 55 of title 10, United States Code, to provide that any health benefits plan which provides obstetrical benefits shall be required also to provide coverage for the diagnosis and treatment of infertility."} | 2,190 | 86 | 0.600692 | 1.397107 | 1.148265 | 4.163934 | 31.47541 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Amendment Defense Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Leading legal scholars concur that conflicts between
same-sex marriage and religious liberty are real and should be
addressed through legislation.
(2) As President Obama stated in response to the decision
of the Supreme Court in United States v. Windsor, 133 S. Ct.
2675 (2013), ``Americans hold a wide range of views'' on the
issue of same-sex marriage, and ``maintaining our Nation's
commitment to religious freedom'' is ``vital''.
(3) Nevertheless, in 2015, when asked whether a religious
school could lose its tax-exempt status for opposing same-sex
marriage, the Solicitor General of the United States Donald
Verrilli represented to the United States Supreme Court that
``[i]t's certainly going to be an issue''.
(4) Protecting religious freedom from government intrusion
is a government interest of the highest order. Legislation
advances this interest by remedying, deterring, and preventing
government interference with religious exercise in a way that
complements the protections mandated by the First Amendment to
the Constitution of the United States.
(5) Laws that protect the free exercise of religious
beliefs and moral convictions about marriage will encourage
private citizens and institutions to demonstrate tolerance for
those beliefs and convictions and therefore contribute to a
more respectful, diverse, and peaceful society.
(6) In a pluralistic society, in which people of good faith
hold more than one view of marriage, it is possible for the
government to recognize same-sex marriage as required by the
United States Supreme Court without forcing persons with
sincerely held religious beliefs or moral convictions to the
contrary to conform.
SEC. 3. PROTECTION OF THE FREE EXERCISE OF RELIGIOUS BELIEFS AND MORAL
CONVICTIONS.
(a) In General.--Notwithstanding any other provision of law, the
Federal Government shall not take any discriminatory action against a
person, wholly or partially on the basis that such person speaks, or
acts, in accordance with a sincerely held religious belief, or moral
conviction, that--
(1) marriage is or should be recognized as a union of--
(A) one man and one woman; or
(B) two individuals as recognized under Federal
law; or
(2) sexual relations outside marriage are improper.
(b) Discriminatory Action Defined.--As used in subsection (a), a
discriminatory action means any action taken by the Federal Government
to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce the amount or funding for, exclude,
terminate, or otherwise make unavailable or deny, any Federal
grant, contract, subcontract, cooperative agreement, guarantee,
loan, scholarship, license, certification, accreditation,
employment, or other similar position or status from or to such
person;
(4) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, any entitlement or benefit under a Federal
benefit program, including admission to, equal treatment in, or
eligibility for a degree from an educational program, from or
to such person; or
(5) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, access or an entitlement to Federal
property, facilities, educational institutions, speech fora
(including traditional, limited, and nonpublic fora), or
charitable fundraising campaigns from or to such person.
(c) Accreditation; Licensure; Certification.--The Federal
Government shall consider accredited, licensed, or certified for
purposes of Federal law any person that would be accredited, licensed,
or certified, respectively, for such purposes but for a determination
against such person wholly or partially on the basis that the person
speaks, or acts, in accordance with a sincerely held religious belief
or moral conviction described in subsection (a).
SEC. 4. JUDICIAL RELIEF.
(a) Cause of Action.--A person may assert an actual or threatened
violation of this Act as a claim or defense in a judicial or
administrative proceeding and obtain compensatory damages, injunctive
relief, declaratory relief, or any other appropriate relief against the
Federal Government. Standing to assert a claim or defense under this
section shall be governed by the general rules of standing under
article III of the Constitution.
(b) Administrative Remedies Not Required.--Notwithstanding any
other provision of law, an action under this section may be commenced,
and relief may be granted, in a district court of the United States
without regard to whether the person commencing the action has sought
or exhausted available administrative remedies.
(c) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by inserting ``the First Amendment Defense
Act,'' after ``the Religious Land Use and Institutionalized Persons Act
of 2000,''.
(d) Authority of United States To Enforce This Act.--The Attorney
General may bring an action for injunctive or declaratory relief
against an independent establishment described in section 104(1) of
title 5, United States Code, or an officer or employee of that
independent establishment, to enforce compliance with this Act. Nothing
in this subsection shall be construed to deny, impair, or otherwise
affect any right or authority of the Attorney General, the United
States, or any agency, officer, or employee of the United States,
acting under any law other than this subsection, to institute or
intervene in any proceeding.
SEC. 5. RULES OF CONSTRUCTION.
(a) No Preemption, Repeal, or Narrow Construction.--Nothing in this
Act shall be construed to preempt State law, or repeal Federal law,
that is equally or more protective of free exercise of religious
beliefs and moral convictions. Nothing in this Act shall be construed
to narrow the meaning or application of any State or Federal law
protecting free exercise of religious beliefs and moral convictions.
(b) No Prevention of Providing Benefits or Services.--Nothing in
this Act shall be construed to prevent the Federal Government from
providing, either directly or through a person not seeking protection
under this Act, any benefit or service authorized under Federal law.
(c) No Affirmation or Endorsement of Views.--Nothing in this Act
shall be construed to affirm or otherwise endorse a person's belief,
speech, or action about marriage.
(d) No Impact on Definition.--Nothing in this Act shall be
construed to alter the definition of marriage for Federal or State
purposes.
(e) Severability.--If any provision of this Act or any application
of such provision to any person or circumstance is held to be
unconstitutional, the remainder of this Act and the application of the
provision to any other person or circumstance shall not be affected.
SEC. 6. DEFINITIONS.
In this Act:
(1) Federal benefit program.--The term ``Federal benefit
program'' has the meaning given that term in section 552a of
title 5, United States Code.
(2) Federal; federal government.--The terms ``Federal'' and
``Federal Government'' include--
(A) any department, commission, board, or other
agency of the Federal Government;
(B) any officer, employee, or agent of the Federal
Government; and
(C) the District of Columbia and all Federal
territories and possessions.
(3) Person.--The term ``person'' means a person as defined
in section 1 of title 1, United States Code, except that such
term shall not include--
(A) publicly traded for-profit entities;
(B) Federal employees acting within the scope of
their employment;
(C) Federal for-profit contractors acting within
the scope of their contract; or
(D) hospitals, clinics, hospices, nursing homes, or
other medical or residential custodial facilities with
respect to visitation, recognition of a designated
representative for health care decisionmaking, or
refusal to provide medical treatment necessary to cure
an illness or injury. | First Amendment Defense Act This bill prohibits the federal government from taking discriminatory action against a person on the basis that such person speaks or acts in accordance with a religious belief or moral conviction that: (1) marriage is or should be recognized as the union of one man and one woman or two individuals as recognized under federal law, or (2) sexual relations outside marriage are improper. The bill defines "person" as any person regardless of religious affiliation, except publicly traded for-profit entities; federal employees acting within the scope of their employment; federal for-profit contractors acting within the scope of their contract; or hospitals and other health care entities with respect to visitation, recognition of a designated representative for health care decisions, or refusal to provide medical treatment necessary to cure an illness or injury. | {"src": "billsum_train", "title": "First Amendment Defense Act"} | 1,857 | 160 | 0.470171 | 1.372962 | 0.829135 | 5.192308 | 10.99359 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Fetal Alcohol Syndrome
Prevention Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Fetal Alcohol Syndrome is the leading known cause of
mental retardation, and it is 100 percent preventable;
(2) each year, more than 5,000 infants are born in the
United States with Fetal Alcohol Syndrome, suffering
irreversible physical and mental damage;
(3) 50,000 more infants are born each year with lesser,
though still serious, alcohol-related birth defects, known as
Fetal Alcohol Effects;
(4) Fetal Alcohol Syndrome is a national problem, it can
impact any child, family, or community, but its threat to
American Indians and Alaska Natives is especially alarming;
(5) in some American Indian communities, where alcohol
dependency rates reach 50 percent and above, the chances of a
newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol
Effects are 30 times greater than national averages;
(6) researchers have determined that the possibility of
giving birth to a baby with Fetal Alcohol Syndrome or Fetal
Alcohol Effects increases in proportion to the amount and
frequency of alcohol consumed by a pregnant woman, and that
stopping alcohol consumption at any point in the pregnancy
reduces the risks and the emotional, physical, and mental
consequences of alcohol exposure to the baby;
(7) in addition to the immeasurable toll on Fetal Alcohol
Syndrome and Fetal Alcohol Effects children and their families,
Fetal Alcohol Syndrome and Fetal Alcohol Effects pose
extraordinary financial costs to the Nation, including the
costs of health care, education, foster care, job training, and
general support services for affected individuals;
(8) as a reliable comparison, delivery and care costs are
four times greater for infants who were exposed to illicit
substances than for infants with no indication of substance
exposure, and over a lifetime, health care costs for one Fetal
Alcohol Syndrome child are estimated, to be at least
$1,400,000; and
(9) we know of no safe dose of alcohol during pregnancy, or
of any safe time to drink during pregnancy, thus, it is in the
best interest of the Nation for the Federal Government to take
an active role in encouraging all women to abstain from alcohol
consumption during pregnancy.
SEC. 3. PURPOSE.
It is the purpose of this Act to establish, within the Department
of Health and Human Services, a comprehensive program to help prevent
Fetal Alcohol Syndrome and Fetal Alcohol Effects nationwide. Such
program shall--
(1) coordinate and support epidemiologic research
concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects;
(2) coordinate and support national, State, and community-
based public awareness, prevention, and education programs on
Fetal Alcohol Syndrome and Fetal Alcohol Effects; and
(3) foster coordination among all Federal agencies that
conduct or support Fetal Alcohol Syndrome and Fetal Alcohol
Effects research, programs, and surveillance and otherwise meet
the general needs of populations actually or potentially
impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects.
SEC. 4. ESTABLISHMENT OF PROGRAM.
Part B of title V of the Public Health Service Act (42 U.S.C. 290bb
et seq.) is amended by adding at the end thereof the following new
subpart:
``Subpart 4--Provisions Relating to Fetal Alcohol Syndrome and Fetal
Alcohol Effects
``SEC. 520E. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME PREVENTION
PROGRAM.
``(a) In General.--The Secretary, acting through the Substance
Abuse and Mental Health Services Administration, the National
Institutes of Health, the Centers for Disease Control and Prevention,
the Indian Health Service, and other relevant offices, shall establish
a comprehensive program to help prevent Fetal Alcohol Syndrome and
Fetal Alcohol Effects and coordinate Federal efforts to prevent Fetal
Alcohol Syndrome and Fetal Alcohol Effects.
``(b) Elements of Program.--Under the program established under
subsection (a), the Secretary shall establish a program that shall--
``(1) coordinate and support national and targeted public
awareness, prevention, and education programs on Fetal Alcohol
Syndrome and Fetal Alcohol Effects;
``(2) coordinate and support applied epidemiologic research
concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects;
``(3) conduct and support basic research targeted to
developing data to improve prevention and treatment of Fetal
Alcohol Syndrome and Fetal Alcohol Effects;
``(4) develop a plan to disseminate diagnostic criteria to
health care and social services providers and carry out that
plan; and
``(5) establish an Inter-Agency Task Force on Fetal Alcohol
Syndrome and Fetal Alcohol Effects, which shall be chaired by
the Associate Administrator for Alcohol Prevention and
Treatment of the Substance Abuse and Mental Health Services
Administration, and which shall include representatives from
all relevant agencies and offices within the Department of
Health and Human Services (including the Indian Health Service)
Department of Agriculture, Department of Education, Department
of Defense, Department of the Interior (including the Bureau of
Indian Affairs), Department of Justice, Bureau of Alcohol,
Tobacco, and Firearms, Federal Trade Commission, and any other
relevant Federal Agency.
``SEC. 520F. EDUCATION AND PUBLIC AWARENESS.
``The Secretary shall direct the appropriate agencies within the
Department of Health and Human Services to--
``(1) support, conduct and evaluate the effectiveness of--
``(A) training programs for health care providers,
educators, school-based health care providers, social
workers, child welfare workers and family members
concerning the prevention, diagnosis, and treatment of
Fetal Alcohol Syndrome and Fetal Alcohol Effects;
``(B) prevention and education programs, including
health education, and school-based clinic programs, for
school-age children with respect to Fetal Alcohol
Syndrome and Fetal Alcohol Effects; and
``(C) public and community awareness programs
concerning Fetal Alcohol Syndrome and Fetal Alcohol
Effects;
``(2) provide technical and consultative assistance to
States, Indian tribal governments, local governments, school-
based health care providers, scientific and academic
institutions, and non-profit organizations concerning the
programs referred to in paragraph (1); and
``(3) award grants to and enter into cooperative agreements
and contracts with States, Indian tribal governments, local
governments, scientific and academic institutions, entities
that fund school-based clinics, and non-profit organizations
for the purpose of--
``(A) enabling such entities to evaluate the
effectiveness, with particular emphasis on the cultural
sensitivity and age-appropriateness, of the prevention,
education and community-based public awareness programs
referred to in paragraph (1);
``(B) enabling such entities to provide training to
health care providers, school nurses and other school
health care providers, including school-based clinic
health care providers, educators, family members,
social workers, child welfare workers, and others in
the prevention, diagnosis and treatment of Fetal
Alcohol Syndrome and Fetal Alcohol Effects;
``(C) educating children and youth, including
pregnant and high-risk youth, concerning such syndrome
and effects with priority given to those programs that
are part of a sequential, comprehensive school health
education program; and
``(D) increasing public and community awareness
concerning Fetal Alcohol Syndrome and Fetal Alcohol
Effects through culturally sensitive projects,
programs, and campaigns, and improving the
understanding of the general public and targeted groups
concerning the most effective methods for intervening
with friends and family to prevent fetal exposure to
alcohol.
``SEC. 520G. APPLIED EPIDEMIOLOGIC RESEARCH AND PREVENTION PROGRAM.
``The Secretary shall direct the appropriate agencies within the
Department of Health and Human Services to--
``(1) conduct and support research on the causes,
mechanisms, diagnostic methods, and treatment and prevention of
Fetal Alcohol Syndrome and Fetal Alcohol Effects;
``(2) provide technical and consultative assistance and
training to States, Indian tribal governments, local
governments, other public entities, scientific and academic
institutions, and non-profit organizations engaged in the
conduct of--
``(A) Fetal Alcohol Syndrome prevention and early
intervention programs; and
``(B) research relating to the causes, mechanisms,
diagnosis methods, treatment and prevention, of Fetal
Alcohol Syndrome and Fetal Alcohol Effects; and
``(3) award grants to, and enter into cooperative
agreements and contracts with States, Indian tribal
governments, local governments, other public entities,
scientific and academic institutions, and non-profit
organizations to--
``(A) assist such entities in conducting innovative
demonstration and evaluation projects designed to
determine effective strategies, including community-
based prevention programs and multi-cultural education
campaigns, for preventing and intervening in fetal
exposure to alcohol;
``(B) improve and coordinate the surveillance and
ongoing assessment methods implemented by such entities
and the Federal Government, with respect to Fetal
Alcohol Syndrome and Fetal Alcohol Effects for the
purpose of--
``(i) tracking progress toward achieving
relevant Year 2000 Prevention Objectives, set
forth by the Public Health Service in the
Healthy People 2000: National Health Promotion
and Disease Prevention Objectives;
``(ii) identifying successful, culturally
sensitive prevention efforts; and
``(iii) identifying children who have
symptoms of Fetal Alcohol Syndrome and Fetal
Alcohol Effects and may need special health,
education, and support services;
``(C) develop and evaluate effective age-
appropriate and culturally-sensitive prevention
programs for infants, children, adolescents, and adults
identified as being at-risk of becoming chemically
dependent on alcohol and associated with or developing
Fetal Alcohol Syndrome and Fetal Alcohol Effects; and
``(D) facilitate coordination and collaboration
among Federal, State, Tribal, and local Fetal Alcohol
Syndrome prevention programs.
``SEC. 520H. BASIC RESEARCH PROGRAM.
``The Secretary shall direct the appropriate agencies within the
Department of Health and Human Services to conduct and support research
on services research and effective prevention treatments and
interventions for pregnant alcohol dependent women and individuals with
Fetal Alcohol Syndrome and Fetal Alcohol Effects.
``SEC. 520I. DIAGNOSTIC CRITERIA FOR FETAL ALCOHOL SYNDROME AND FETAL
ALCOHOL EFFECTS.
``Not later than 90 days after the date of enactment of this
subpart, the Secretary shall direct the appropriate agencies within the
Department of Health and Human Services to--
``(1) develop a plan for widely-disseminating the Fetal
Alcohol Syndrome/Fetal Alcohol Effects diagnostic criteria
developed by the Department of Health and Human Services under
the ADAMHA Reorganization Act (Public Law 102-321) to health
care providers, educators, social workers, child welfare
workers, and other individuals within 16 months of such date of
enactment; and
``(2) disseminate the criteria described in paragraph (1)
in accordance with the plan developed under paragraph (1).
``SEC. 520J. INTER-AGENCY TASK FORCE ON FETAL ALCOHOL SYNDROME AND
FETAL ALCOHOL EFFECTS.
``(a) Establishment.--Not later than 30 days after the date of
enactment of this subpart, the Secretary shall establish an Inter-
Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects
to foster coordination among all Federal agencies that conduct or
support Fetal Alcohol Syndrome and Fetal Alcohol Effects research,
programs, and surveillance and otherwise meet the general needs of
populations actually or potentially impacted by Fetal Alcohol Syndrome
and Fetal Alcohol Effects.
``(b) Membership.--The Task Force established under subsection (a)
shall--
``(1) be chaired by the Associate Administrator for Alcohol
Prevention and Treatment of the Substance Abuse and Mental
Health Services Administration and staffed by the
Administration; and
``(2) include representatives from all relevant agencies
and offices within the Department of Health and Human Services,
Department of Agriculture, Department of Education, Department
of Defense, Department of Interior, Department of Justice,
Bureau of Alcohol, Tobacco and Firearms, Federal Trade
Commission, and any other relevant Federal agency.
``(c) Functions.--The Task Force established under subsection (a)
shall--
``(1) coordinate all Federal programs and research
concerning Fetal Alcohol Syndrome, Fetal Alcohol Effects, and
other forms of maternal substance abuse, including those
programs--
``(A) targeting individuals, families, and
populations identified as being at risk of acquiring
Fetal Alcohol Syndrome, Fetal Alcohol Effects, or other
maternal substance abuse; and
``(B) providing health, education, treatment, and
social services to infants, children, and adults with
Fetal Alcohol Syndrome, Fetal Alcohol Effects, and
other drug exposures and their families; and
``(2) coordinate its efforts with existing Department of
Health and Human Services task forces on substance abuse
prevention and maternal and child health;
``(3) report on an annual basis to the Secretary and
relevant Committees of Congress on the current and planned
activities of the participating agencies.
``SEC. 520K. ADMINISTRATIVE PROVISIONS WITH RESPECT TO GRANTS,
COOPERATIVE AGREEMENTS AND CONTRACTS.
``(a) Eligibility.--To be eligible to receive a grant, cooperative
agreement or contract under this subpart, an entity shall--
``(1) be a State, Indian tribal government, local
government, entity that funds a school-based health clinic,
scientific or academic institution or non-profit organization;
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may prescribe, including a description of the
activities that the entity intends to carry out using amounts
received under a grant, cooperative agreement, or contract; and
``(3) provide assurances that amounts received under such
grants, cooperative agreements or contracts will be used in
accordance with this subpart.
``(b) Maintenance of Effort.--No grant, cooperative agreement, or
contract may be awarded to an entity under this subpart unless the
entity agrees to maintain the expenditures of the entity for activities
of the type for which the amounts to be received under a grant,
cooperative agreement, or contract are to be used, at a level equal to
not less than the level of such expenditures maintained by the entity
for the fiscal year preceding the fiscal year for which the entity is
applying to receive the grant, cooperative agreement or contract.
``(c) Amounts in Lieu of Cash.--At the request of a recipient of a
grant, cooperative agreement, or contract under this subpart, the
Secretary may reduce the amount provided under such grant, agreement,
or contract by--
``(1) an amount equal to the fair market value of any
supplies or equipment furnished the recipient; and
``(2) an amount equal to the amount of the pay, allowances,
and travel expenses of any officer or employee of the Federal
Government which was detailed to the recipient and the amount
of any other cost incurred in connection with the detail of
such officer or employee.
``SEC. 520L. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart, such sums as are necessary for each of the fiscal years 1994
through 1997.''. | Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish: (1) a comprehensive program to prevent Fetal Alcohol Syndrome and Fetal Alcohol Effects and coordinate related Federal efforts; and (2) an Inter-Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects.
Provides for related research, technical assistance, grants, cooperative agreements, and contracts, prevention programs, professional and public education, and diagnostic criteria.
Authorizes appropriations. | {"src": "billsum_train", "title": "Comprehensive Fetal Alcohol Syndrome Prevention Act"} | 3,310 | 102 | 0.532193 | 1.342528 | 0.528615 | 3.655556 | 34.866667 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Paid Parental
Leave Act of 2017''.
SEC. 2. PAID PARENTAL LEAVE FOR EXECUTIVE BRANCH EMPLOYEES.
(a) Amendment to Title 5.--Section 6382(d) of title 5, United
States Code, is amended--
(1) by inserting ``(1)'' before ``An employee may elect''
the first place it appears;
(2) by striking ``(A), (B),''; 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), 6 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
paragraph (3)(B) before being allowed to use the paid parental leave
described in paragraph (3)(A).
``(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 12 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 role of the Federal Government 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) TSA.--
(1) In general.--Section 114(n) of title 49, United States
Code, is amended--
(A) by striking ``The personnel management system''
and inserting the following:
``(1) In general.--The personnel management system''; and
(B) by adding at the end the following:
``(2) Family and medical leave including paid parental
leave.--The personnel management system under paragraph (1)
shall include family and medical leave (including the ability
to substitute paid leave (including paid parental leave) for
any leave without pay under such family and medical leave) for
employees of the Transportation Security Administration
(including security screening personnel described in section
111(d) of the Aviation and Transportation Security Act (49
U.S.C. 44935 note)), which shall be provided in accordance with
subchapter V of chapter 63 of title 5.''.
(2) Conforming amendments relating to screener personnel.--
Section 111(d) of the Aviation and Transportation Security Act
(49 U.S.C. 44935 note) is amended--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following:
``(3) Family and medical leave including paid parental
leave.--Notwithstanding any other provision of law, security
screening personnel described in paragraph (1) shall be
eligible for family and medical leave (including the ability to
substitute paid leave (including paid parental leave) for any
leave without pay under such family and medical leave) under
subchapter V of chapter 63 of title 5, United States Code, and
in accordance with section 114(n)(2) of title 49, United States
Code.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to any birth or placement that occurs on or after
the date that is 6 months after the date of 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 amendments made by this section shall
apply with respect to any birth or placement that occurs on or after
the date that is 6 months after the date of 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 amendments made by this section shall
apply with respect to any birth or placement that occurs on or after
the date that is 6 months after the date of 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 subparagraph (A) or (B) of section
6382(a)(1) of title 5, United States Code, or to substitute such leave
pursuant to subsection (d)(2) of section 6382 of such title (as added
by section 2), any service by such employee on covered 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) TSA Employees.--For purposes of determining the eligibility of
an employee of the Transportation Security Administration (including
security screening personnel described in section 111(d) of the
Aviation and Transportation Security Act (49 U.S.C. 44935 note)) who is
a member of the National Guard or Reserves to take leave in a
circumstance described in subparagraph (A) or (B) of section 6382(a)(1)
of title 5, United States Code, or to substitute such leave in a manner
described in subsection (d)(2) of section 6382 of such title (as added
by section 2), any service by such employee on covered active duty (as
defined in section 6381(7) of such title) shall be counted as service
as an employee for purposes of determining whether the employee has
completed 12 months of service as an employee.
(c) 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 of 1995 (2 U.S.C.
1301(3))) 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 (29 U.S.C. 2612(a)(1)) (pursuant to
section 202(a)(1) of the Congressional Accountability Act of 1995), 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
covered 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 of 1995.
(d) 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 (29
U.S.C. 2612(a)(1)), 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 covered 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.
SEC. 6. GAO REPORT.
Not later than 5 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on the implementation of this Act and the amendments made by
this Act, which shall include--
(1) statistical information about the number of days of
paid and unpaid parental leave used by employees covered by
this Act or an amendment made by this Act according to race,
ethnicity, gender, and pay level; and
(2) an evaluation of the effect of this Act and the
amendments made by this Act on the recruitment and retention of
such employees. | Federal Employees Paid Parental Leave Act of 2017 This bill allows executive branch employees to substitute any available paid leave for any leave without pay for either: (1) the birth of a child, or (2) the placement of a child for adoption or foster care. It makes available for any of the 12 weeks of leave an employee is entitled to for such purposes: (1) six administrative weeks of paid parental leave in connection with the birth or placement involved, and (2) any accumulated annual or sick leave. The bill authorizes the Office of Personnel Management to promulgate regulations to increase the amount of paid parental leave to a total of 12 administrative workweeks. Such regulations must consider certain factors, including benefit and cost to the federal government. The personnel management system for employees of the Transportation Security Administration (TSA) shall include family and medical leave (including paid parental leave) for any leave without pay. The bill 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. Service in the National Guard or the Reserves by executive branch employees, TSA employees, congressional employees, and GAO or Library of Congress employees shall count as service for purposes of determining eligibility to take or substitute leave as allowed under this bill. | {"src": "billsum_train", "title": "Federal Employees Paid Parental Leave Act of 2017"} | 3,165 | 281 | 0.625355 | 1.689099 | 0.759031 | 3.011236 | 10.689139 | 0.906367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Energy Act''.
SEC. 2. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE ENERGY.
Section 632 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17211) is amended in the matter preceding paragraph (1) by
striking ``electrical''.
SEC. 3. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND
DEVELOPMENT.
Section 633 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17212) is amended to read as follows:
``SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND
DEVELOPMENT.
``The Secretary, in consultation with the Secretary of the
Interior, the Secretary of Commerce, and the Federal Energy Regulatory
Commission, shall carry out a program of research, development,
demonstration, and commercial application to accelerate the
introduction of marine and hydrokinetic renewable energy production
into the United States energy supply, giving priority to fostering
accelerated research, development, and commercialization of technology,
including programs--
``(1) to assist technology development to improve the
components, processes, and systems used for power generation
from marine and hydrokinetic renewable energy resources;
``(2) to establish critical testing infrastructure
necessary--
``(A) to cost effectively and efficiently test and
prove marine and hydrokinetic renewable energy devices;
and
``(B) to accelerate the technological readiness and
commercialization of those devices;
``(3) to support efforts to increase the efficiency of
energy conversion, lower the cost, increase the use, improve
the reliability, and demonstrate the applicability of marine
and hydrokinetic renewable energy technologies by participating
in demonstration projects;
``(4) to investigate variability issues and the efficient
and reliable integration of marine and hydrokinetic renewable
energy with the utility grid;
``(5) to identify and study critical short- and long-term
needs to create a sustainable marine and hydrokinetic renewable
energy supply chain based in the United States;
``(6) to increase the reliability and survivability of
marine and hydrokinetic renewable energy technologies;
``(7) to verify the performance, reliability,
maintainability, and cost of new marine and hydrokinetic
renewable energy device designs and system components in an
operating environment, and consider the protection of critical
infrastructure, such as adequate separation between marine and
hydrokinetic devices and projects and submarine
telecommunications cables, including consideration of
established industry standards;
``(8) to coordinate and avoid duplication of activities
across programs of the Department and other applicable Federal
agencies, including National Laboratories and to coordinate
public-private collaboration in all programs under this
section;
``(9) to identify opportunities for joint research and
development programs and development of economies of scale
between--
``(A) marine and hydrokinetic renewable energy
technologies; and
``(B) other renewable energy and fossil energy
programs, offshore oil and gas production activities,
and activities of the Department of Defense;
``(10) to support in-water technology development with
international partners using existing cooperative procedures
(including memoranda of understanding)--
``(A) to allow cooperative funding and other
support of value to be exchanged and leveraged; and
``(B) to encourage the participation of
international research centers and companies within the
United States and the participation of United States
research centers and companies in international
projects;
``(11) to identify, in conjunction with the Secretary of
Commerce and other relevant Federal agencies, the potential
environmental impacts, including potential impacts on fisheries
and other marine resources, of marine and hydrokinetic
renewable energy technologies, measures to prevent adverse
impacts, and technologies and other means available for
monitoring and determining environmental impacts; and
``(12) to identify, in conjunction with the Commandant of
the United States Coast Guard and other relevant Federal
agencies, the potential navigational impacts of marine and
hydrokinetic renewable energy technologies and measures to
prevent adverse impacts on navigation.''.
SEC. 4. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION CENTERS.
Section 634 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17213) is amended by striking subsection (b) and inserting the
following:
``(b) Purposes.--The Centers (including each Center that has been
established as of the date of enactment of the Marine Energy Act), in
coordination with the Department and the National Laboratories, shall--
``(1) advance research, development, demonstration, and
commercial application of marine and hydrokinetic renewable
energy technologies;
``(2) support in-water testing and demonstration of marine
and hydrokinetic renewable energy technologies, including
facilities capable of testing--
``(A) marine and hydrokinetic renewable energy
systems of various technology readiness levels and
scales;
``(B) a variety of technologies in multiple test
berths at a single location; and
``(C) arrays of technology devices; and
``(3) serve as information clearinghouses for the marine
and hydrokinetic renewable energy industry by collecting and
disseminating information on best practices in all areas
relating to developing and managing marine and hydrokinetic
renewable energy resources and energy systems.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 636 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17215) is amended by striking ``$50,000,000 for each of the
fiscal years 2008 through 2012'' and inserting ``$60,000,000 for each
of fiscal years 2018 through 2022''. | Marine Energy Act This bill amends the Energy Independence and Security Act of 2007 to revise and reauthorize through FY2022 the program of research, development, demonstration, and commercial application to accelerate the introduction of marine and hydrokinetic renewable energy production. The program must give priority to fostering accelerated research, development, and commercialization of technology. The meaning of "marine and hydrokinetic renewable energy" is expanded to include all forms of energy, not just electricity, from: (1) waves, tides, and currents in oceans, estuaries, and tidal areas; (2) free flowing water in rivers, lakes, and streams; (3) free flowing water in man-made channels; and (4) differentials in ocean temperature (ocean thermal energy conversion). National Marine Renewable Energy Research, Development, and Demonstration Centers must support in-water testing and demonstration of marine and hydrokinetic renewable energy technologies, including facilities capable of testing: (1) marine and hydrokinetic renewable energy systems of various technology readiness levels and scales, (2) a variety of technologies in multiple test berths at a single location, and (3) arrays of technology devices. | {"src": "billsum_train", "title": "Marine Energy Act"} | 1,227 | 249 | 0.606918 | 2.113186 | 0.797068 | 3.990909 | 5.204545 | 0.827273 |
TITLE I--NATIONAL OCEAN EXPLORATION PROGRAM
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Ocean Exploration Program
Act''.
SEC. 102. ESTABLISHMENT.
The Secretary of Commerce, through the Administrator of the
National Oceanic and Atmospheric Administration, shall, in consultation
with the National Science Foundation and other appropriate Federal
agencies, establish a coordinated national ocean exploration program
within the National Oceanic and Atmospheric Administration that
promotes collaboration with existing programs of the Administration,
including those authorized in title II.
SEC. 103. AUTHORITIES.
In carrying out the program established under section 102, the
Administrator of the National Oceanic and Atmospheric Administration
shall--
(1) conduct interdisciplinary exploration voyages or other
scientific activities in conjunction with other Federal
agencies or academic or educational institutions, to survey
little known areas of the marine environment, inventory,
observe, and assess living and nonliving marine resources, and
report such findings;
(2) give priority attention to deep ocean regions, with a
focus on surveying deep water marine systems that hold
potential for important scientific discoveries, such as
hydrothermal vent communities and seamounts;
(3) conduct scientific voyages to locate, define, and
document historic shipwrecks, submerged sites, and other ocean
exploration activities that combine archaeology and
oceanographic sciences;
(4) develop, in consultation with the National Science
Foundation, a transparent process for reviewing and approving
proposals for activities to be conducted under this program;
(5) enhance the technical capability of the United States
marine science community by promoting the development of
improved oceanographic research, communication, navigation, and
data collection systems, as well as underwater platforms and
sensors;
(6) accept donations of property, data, and equipment to be
applied for the purpose of exploring the oceans or increasing
knowledge of the oceans; and
(7) establish an ocean exploration forum to encourage
partnerships and promote communication among experts and other
stakeholders in order to enhance the scientific and technical
expertise and relevance of the national program.
SEC. 104. OCEAN EXPLORATION TECHNOLOGY AND INFRASTRUCTURE TASK FORCE.
The National Oceanic and Atmospheric Administration, in
coordination with the National Aeronautics and Space Administration,
the United States Geological Survey, Office of Naval Research, and
relevant governmental, non-governmental, academic, and other experts,
shall convene an ocean exploration technology and infrastructure task
force to develop and implement a strategy--
(1) to facilitate transfer of new exploration technology to
the program established under section 102;
(2) to improve availability of communications
infrastructure, including satellite capabilities, to the
program;
(3) to develop an integrated, workable, and comprehensive
data management information processing system that will make
information on unique and significant features obtained by the
program available for research and management purposes;
(4) to conduct public outreach activities that improve the
public understanding of ocean science, resources, and
processes, in conjunction with relevant programs of the
National Oceanic and Atmospheric Administration, the National
Science Foundation, and other agencies; and
(5) to encourage cost-sharing partnerships with
governmental and non-governmental entities that will assist in
transferring exploration technology and technical expertise to
the program.
SEC. 105. INTERAGENCY FINANCING.
The National Oceanic and Atmospheric Administration, the National
Science Foundation, and other Federal agencies involved in the program
established under section 102, are authorized to participate in
interagency financing and share, transfer, receive, and spend funds
appropriated to any Federal participant in the program for the purposes
of carrying out any administrative or programmatic project or activity
under the program. Funds may be transferred among such departments and
agencies through an appropriate instrument that specifies the goods,
services, or space being acquired from another Federal participant and
the costs of the same.
SEC. 106. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.
Nothing in this title or title II supersedes, or limits the
authority of the Secretary of the Interior under, the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.).
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out this title--
(1) $30,500,000 for fiscal year 2006;
(2) $33,550,000 for fiscal year 2007;
(3) $36,905,000 for fiscal year 2008;
(4) $40,596,000 for fiscal year 2009;
(5) $44,655,000 for fiscal year 2010;
(6) $49,121,000 for fiscal year 2011;
(7) $54,033,000 for fiscal year 2012;
(8) $59,436,000 for fiscal year 2013;
(9) $65,379,000 for fiscal year 2014; and
(10) $71,917,000 for fiscal year 2015.
TITLE II--UNDERSEA RESEARCH PROGRAM
SEC. 201. SHORT TITLE.
This title may be cited as the ``NOAA Undersea Research Program Act
of 2005''.
SEC. 202. ESTABLISHMENT.
The Administrator of the National Oceanic and Atmospheric
Administration shall establish and maintain an undersea research
program and shall designate a Director of that program.
SEC. 203. PURPOSE.
The purpose of the program established under section 202 is to
increase scientific knowledge essential for the informed management,
use and preservation of oceanic, coastal, and large lake resources
through undersea research, exploration, education, and technology
development. The program shall be part of National Oceanic and
Atmospheric Administration's undersea research, education, and
technology development efforts, and shall make available the
infrastructure and expertise to service the undersea science needs of
the academic community.
SEC. 204. PROGRAM.
The program established under section 202 shall be conducted
through a national headquarters, a network of regional undersea
research centers, and a national technology institute. Overall
direction of the program will be provided by the program director with
advice from a Council of Center Directors comprised of the directors of
the regional centers and the national technology institute.
SEC. 205. REGIONAL CENTERS AND TECHNOLOGY INSTITUTE.
The following research, exploration, education, and technology
programs shall be conducted through the network of regional centers and
the national technology institute:
(1) Core research and exploration based on national and
regional undersea research priorities.
(2) Advanced undersea technology development to support the
National Oceanic and Atmospheric Administration's research
mission and programs, including advanced undersea technology
associated with seafloor observatories such as LEO-15 and the
Aquarius habitat, remotely operated vehicles, autonomous
underwater vehicles, and new sampling and sensing technologies.
(3) Undersea science-based education and outreach programs
to enrich ocean science education and public awareness of the
oceans and Great Lakes.
(4) Discovery, study, and development of natural products
from ocean and aquatic systems.
SEC. 206. COMPETITIVENESS.
Except for a small discretionary fund for rapid response
activities, for which no more than 10 percent of the program budget
shall be set aside, and for National Oceanic and Atmospheric
Administration-related service projects, the external projects
supported by the regional centers shall be managed using an open and
competitive process to evaluate scientific merit, relevance to the
National Oceanic and Atmospheric Administration, regional and national
research goals, and technical feasibility.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration--
(1) for fiscal year 2006--
(A) $12,500,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $5,000,000 for the National Technology
Institute;
(2) for fiscal year 2007--
(A) $13,750,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $5,500,000 for the National Technology
Institute;
(3) for fiscal year 2008--
(A) $15,125,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $6,050,000 for the National Technology
Institute;
(4) for fiscal year 2009--
(A) $16,638,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $6,655,000 for the National Technology
Institute;
(5) for fiscal year 2010--
(A) $18,301,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $7,321,000 for the National Technology
Institute;
(6) for fiscal year 2011--
(A) $20,131,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $8,053,000 for the National Technology
Institute;
(7) for fiscal year 2012--
(A) $22,145,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $8,859,000 for the National Technology
Institute;
(8) for fiscal year 2013--
(A) $24,359,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $9,744,000 for the National Technology
Institute;
(9) for fiscal year 2014--
(A) $26,795,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $10,718,000 for the National Technology
Institute; and
(10) for fiscal year 2015--
(A) $29,474,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $11,790,000 for the National Technology
Institute. | National Ocean Exploration Program Act - Directs the Secretary of Commerce to establish within the National Oceanic and Atmospheric Administration (NOAA) a coordinated national ocean exploration program that promotes collaboration with existing NOAA programs, including those authorized under this Act. Directs the NOAA Administrator to: (1) conduct interdisciplinary exploration voyages or other scientific activities to survey, inventory, observe, and assess little-known areas of the marine environment; (2) give priority to deep ocean regions, focusing on marine systems holding potential for important scientific discoveries; and (3) promote development of improved oceanographic research, communication, navigation, and data collection systems.
Requires NOAA to convene an ocean exploration technology and infrastructure task force to develop and implement a strategy to: (1) facilitate the transfer of new exploration technology to the program; (2) improve the availability of communications infrastructure (including satellite) to the program; (3) develop a data management information processing system for information obtained under the program; and (4) conduct public education and outreach activities that improve the public understanding of ocean science, resources, and processes.
Authorizes NOAA, the National Science Foundation, and other federal agencies to participate in interagency financing in carrying out program activities.
NOAA Undersea Research Program Act of 2005 - Directs the Administrator of NOAA to establish and maintain an undersea research program conducted through a national headquarters, a network of regional undersea research centers, and a national technology institute. | {"src": "billsum_train", "title": "To establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration."} | 2,260 | 311 | 0.716666 | 2.156078 | 0.80788 | 4.34767 | 7.544803 | 0.971326 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Imperial Valley Desert Conservation
and Recreation Act of 2015''.
SEC. 2. LAND CONVEYANCE, ANZA-BORREGO DESERT STATE PARK, CALIFORNIA.
(a) Conveyance Required.--The Secretary, without consideration, to
the State, all right, title, and interest of the United States in and
to a parcel of public lands administered by the Bureau of Land
Management in San Diego County, California, comprising approximately
934 acres and generally depicted as ``Table Mountain Wilderness Study
Area Proposed Transfer'' on the map prepared at the request of
Representative Juan Vargas entitled ``Table Mountain Wilderness Study
Area Proposed Transfer to the State'' and dated October 8, 2015, for
the purpose of allowing the State to include that land as part of Anza-
Borrego Desert State Park.
(b) Time for Conveyance.--The Secretary shall complete the
conveyance of the parcel under subsection (a) as soon as practicable
after the termination of all mining claims related to the parcel.
(c) Management.--The parcel conveyed under subsection (a) shall be
managed by the State in accordance with the provisions of the
California Wilderness Act (California Public Resources Code sections
5093.30-5093.40).
(d) Withdrawal.--Subject to valid existing rights, the parcel to be
conveyed under subsection (a) 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 all laws relating to mineral and
geothermal leasing.
(e) Reversion.--If the State ceases to manage the parcel conveyed
under subsection (a) as part of the State Park System or in a manner
inconsistent with the California Wilderness Act (California Public
Resources Code sections 5093.30-5093.40), the land shall revert to the
Secretary, at the discretion of the Secretary, to be managed as a
Wilderness Study Area.
SEC. 3. LAND CONVEYANCE, HOLTVILLE AIRPORT, IMPERIAL COUNTY,
CALIFORNIA.
(a) Conveyance Authority.--On the submission of an application by
Imperial County, California, the Secretary of Transportation shall
seek, in accordance with section 47125 of title 49, United States Code,
and section 2641.1 of title 43, Code of Federal Regulations (or
successor regulation), a conveyance from the Secretary of a parcel of
Federal land administered by the Bureau of Land Management comprising
approximately 3,500 acres adjacent to the Imperial County Holtville
Airport (L04) for the purposes allowing the County to expand the
airport.
(b) Segregation.--With respect to the parcel described in
subsection (a), the Secretary, acting through the Director of the
Bureau of Land Management, shall--
(1) segregate the parcel; and
(2) prohibit the appropriation of the parcel until the
earlier of the following:
(A) The date on which a notice of realty action
terminates the application referred to in subsection
(a).
(B) The date on which a document of conveyance with
regard to the parcel is published.
SEC. 4. VINAGRE WASH SPECIAL MANAGEMENT AREA.
(a) Definitions.--In this section:
(1) Management area.--The term ``Management Area'' means
the Vinagre Wash Special Management Area.
(2) Map.--The term ``map'' means the map prepared at the
request of Representative Juan Vargas entitled ``Vinagre Wash
Proposed Special Management Area; Indian Pass Mountains and
Palo Verde Mountains Potential Wilderness Additions, and
Buzzards Peak, Milpitas Wash Potential Wilderness'' and dated
October 8, 2015.
(3) Public lands.--The term ``public lands'' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702).
(b) Vinagre Wash Special Management Area.--
(1) Establishment.--There is established in the State the
Vinagre Wash Special Management Area, to be managed by the El
Centro Field Office and the Yuma Field Office of the Bureau of
Land Management.
(2) Purpose.--The purpose of the Management Area is to
conserve, protect, and enhance--
(A) the plants and wildlife of the Management Area;
and
(B) the outstanding and nationally significant
ecological, geological, scenic, archaeological,
cultural, historic, recreational, and other resources
of the Management Area.
(3) Boundaries.--The Management Area shall consist of the
public lands in Imperial County, California, comprising
approximately 81,880 acres, as generally depicted as ``Proposed
Special Management Area'' on the map.
(4) Map; legal description.--
(A) In general.--As soon as practicable, but not
later than three years after the date of enactment of
this Act, the Secretary shall submit a map and legal
description of the Management Area to--
(i) the Committee on Natural Resources of
the House of Representatives; and
(ii) the Committee on Energy and Natural
Resources of the Senate.
(B) Effect.--The map and legal description
submitted under subparagraph (A) shall have the same
force and effect as if included in this Act, except
that the Secretary may correct any errors in the map
and legal description.
(C) Availability.--Copies of the map submitted
under subparagraph (A) shall be on file and available
for public inspection in--
(i) the Office of the Director of the
Bureau of Land Management; and
(ii) the appropriate office of the Bureau
of Land Management in the State.
(c) Management.--
(1) Certain activities authorized.--The Secretary shall
allow hiking, camping, hunting, and sightseeing and the use of
motorized vehicles, mountain bikes, and horses on designated
routes in the Management Area in a manner that--
(A) is consistent with the purpose of the
Management Area;
(B) ensures public health and safety; and
(C) is consistent with applicable law.
(2) Off-highway vehicle use.--
(A) In general.--Except as otherwise provided in
this subsection and subject to all other applicable
laws, the use of off-highway vehicles shall be
permitted on routes in the Management Area generally
depicted on the map.
(B) Closure.--Subject to subparagraph (C), the
Secretary may temporarily close or permanently reroute
a portion of a route described in subparagraph (A) or
opened pursuant to subparagraph (D)--
(i) to prevent, or allow for restoration
of, resource damage;
(ii) to protect tribal cultural resources,
including the resources identified in the
tribal cultural resources management survey
conducted under paragraph (7);
(iii) to address public safety concerns; or
(iv) as otherwise required by law.
(C) Designation of additional routes.--During the
3-year period beginning on the date of enactment of
this Act, the Secretary--
(i) shall accept petitions from the public
regarding additional routes for off-highway
vehicles in the Management Area; and
(ii) may designate additional routes that
the Secretary determines--
(I) would provide significant or
unique recreational opportunities; and
(II) are consistent with the
purposes of the Management Area.
(3) Withdrawal.--Subject to valid existing rights, all
Federal land within the Management Area is withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) right-of-way, leasing, or disposition under all
laws relating to--
(i) minerals; or
(ii) solar, wind, and geothermal energy.
(4) No buffers.--The establishment of the Management Area
shall not--
(A) create a protective perimeter or buffer zone
around the Management Area; or
(B) restrict, preclude, limit, or prevent uses or
activities outside the Management Area that are
permitted under other applicable laws, even if the uses
or activities are prohibited within the Management
Area.
(5) Notice of available routes.--The Secretary shall ensure
that visitors to the Management Area have access to adequate
notice relating to the availability of designated routes in the
Management Area through--
(A) the placement of appropriate signage along the
designated routes;
(B) the distribution of maps, safety education
materials, and other information that the Secretary
determines to be appropriate; and
(C) restoration of areas that are not designated as
open routes, including vertical mulching.
(6) Stewardship.--In consultation with Indian tribes and
other interested persons, the Secretary shall develop a program
to provide opportunities for monitoring and stewardship of the
Management Area to minimize environmental impacts and prevent
resource damage from recreational use, including volunteer
assistance with--
(A) route signage;
(B) restoration of closed routes;
(C) protection of Management Area resources; and
(D) recreation education.
(7) Protection of tribal cultural resources.--Not later
than 2 years after the date of enactment of this Act, the
Secretary, in accordance with chapter 2003 of title 54, United
States Code, and any other applicable law, shall--
(A) prepare and complete a tribal cultural
resources survey of the Management Area; and
(B) consult with the Quechan Indian Nation and
other Indian tribes demonstrating ancestral, cultural,
or other ties to the resources within the Management
Area on the development and implementation of the
tribal cultural resources survey under subparagraph
(A).
(d) Potential Wilderness.--
(1) Protection of wilderness character.--The Secretary
shall manage the public lands in the Management Area described
in paragraph (2) in a manner that preserves the character of
the land for the eventual inclusion of the land in the National
Wilderness Preservation System.
(2) Covered lands.--The public lands covered by this
section are--
(A) the approximately 10,860 acres of land, as
generally depicted as the ``Indian Pass Additions'' on
the map;
(B) the approximately 17,250 acres of land, as
generally depicted as ``Milpitas Wash Potential
Wilderness'' on the map;
(C) the approximately 11,840 acres of land, as
generally depicted as ``Buzzards Peak Potential
Wilderness'' on the map; and
(D) the approximately 9,350 acres of land, as
generally depicted as ``Palo Verde Mountains Potential
Wilderness'' on the map.
(3) Military uses of lands.--The Secretary shall manage the
public lands covered by this section in a manner that is
consistent with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that the Secretary may authorize use of the land by the
Secretary of the Navy for Naval Special Warfare Tactical
Training, including long-range small unit training and
navigation, vehicle concealment, and vehicle sustainment
training, in accordance with applicable Federal laws.
(4) Prohibited uses.--The following uses are prohibited on
the public lands covered by this section:
(A) Permanent roads.
(B) Commercial enterprises.
(C) Except as necessary to meet the minimum
requirements for the administration of the land and to
protect public health and safety--
(i) the use of mechanized vehicles; and
(ii) the establishment of temporary roads.
(5) Wilderness designation.--
(A) Eventual designation.--The public lands covered
by this section shall be designated as wilderness and
either included as part of an existing wilderness area
or made a new component of the National Wilderness
Preservation System on the date on which the Secretary,
in consultation with the Secretary of Defense,
publishes a notice in the Federal Register that all
activities on the Federal land that are incompatible
with the Wilderness Act (16 U.S.C. 1131 et seq.) have
terminated.
(B) Designation.--On designation of the public
lands as wilderness under paragraph (1)--
(i) the land described in paragraph (2)(A)
shall be incorporated in, and shall be
considered to be a part of, the Indian Pass
Wilderness designated by section 102(27) of the
California Desert Protection Act of 1994
(Public Law 104-433; 16 U.S.C. 1132 note);
(ii) the land described in paragraph (2)(B)
shall be designated as the Milpitas Wash
Wilderness;
(iii) the land described in paragraph
(2)(C) shall be designated as the Buzzard Peak
Wilderness; and
(iv) the land described in paragraph (2)(D)
shall be incorporated in, and shall be
considered to be a part of, the Palo Verde
Mountains Wilderness designated by section
102(48) of the California Desert Protection Act
of 1994 (Public Law 104-433; 16 U.S.C. 1132
note).
(6) Administration of wilderness.--Subject to valid
existing rights, the land designated as wilderness or as a
wilderness addition by paragraph (5)(B) shall be administered
by the Secretary in accordance with this Act and the Wilderness
Act (16 U.S.C. 1131 et seq.).
SEC. 5. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of
California. | Imperial Valley Desert Conservation and Recreation Act of 2015 This bill directs the Department of the Interior to convey to the state of California approximately 934 acres of specified public lands administered by the Bureau of Land Management (BLM) in San Diego County in order to allow California to include it as part of the Anza-Borrego Desert State Park. The Department of Transportation shall seek a conveyance from Interior of approximately 3,500 acres of BLM-administered land adjacent to the Imperial County Holtville Airport in Imperial County, California, to allow the county to expand the airport. The bill establishes the Vinagre Wash Special Management Area in California, which shall consist of approximately 81,880 acres of certain public lands in Imperial County. Interior shall manage specified lands in the Management Area to preserve their character for eventual inclusion in the National Wilderness Preservation System. | {"src": "billsum_train", "title": "Imperial Valley Desert Conservation and Recreation Act of 2015"} | 3,026 | 186 | 0.569453 | 1.754334 | 0.739039 | 3.205128 | 17.307692 | 0.897436 |
SECTION 1. PROVISIONS RELATING TO TITLE 5, UNITED STATES CODE.
(a) Additional Plans.--
(1) In general.--Section 8903 of title 5, United States
Code, is amended by adding at the end the following new
paragraph:
``(5) High deductible health plans.--One or more plans
described in paragraph (1), (2), (3), or (4), which--
``(A) are high deductible health plans (as defined
by section 220(c)(2) of the Internal Revenue Code of
1986); and
``(B) provide benefits of the types referred to by
section 8904(a)(5).''.
(2) Types of benefits.--Section 8904(a) of such title is
amended by inserting after paragraph (4) the following new
paragraph:
``(5) High deductible health plans.--Benefits of the types
named under paragraph (1) or (2) of this subsection or both.''.
(3) Conforming amendment.--Section 8903a(a) of such title
is amended by striking ``section.'' and inserting ``section
(including plans described by section 8903(5)).''.
(b) Contributions.--
(1) Allowing payment of full amount of charge for high
deductible health plan.--Section 8906(b)(2) of title 5, United
States Code, is amended by inserting ``(or 100 percent of the
subscription charge in the case of a high deductible health
plan)'' after ``75 percent of the subscription charge''.
(2) Government contribution to medical savings accounts.--
Section 8906 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(j)(1) In the case of an employee or annuitant who is enrolled in
a high deductible health plan, if the maximum Government contribution
(as computed under subsection (b)(1)) exceeds the total subscription
charge of the plan in which the employee or annuitant is enrolled,
then, the excess shall be paid into such medical savings account (of
such employee or annuitant) as the employee or annuitant may designate.
``(2) Contributions under this subsection shall be made on the same
biweekly (or other periodic) basis as the Government contributions
otherwise being made on behalf of the employee or annuitant involved.
``(3) For purposes of carrying out this subsection in the case of
an employee occupying a position on a part-time career employment
basis, the maximum Government contribution shall be equal to the amount
computed with respect to such employee under subsection (b)(3).
``(4) Subsections (f), (g), and (h) shall apply with respect to
contributions under this subsection.
``(5) A designation under paragraph (1) shall be made in such time
and manner as the Office by regulation requires.
``(6) For the purpose of this subsection--
``(A) the term `medical savings account' has the meaning
given such term by section 220(d) of the Internal Revenue Code
of 1986; and
``(B) the term `high deductible health plan' means a high
deductible health plan described by section 8903(5).''.
(3) Disregarding high deductible health plans in
determining level of government contributions.--Section 8906(a)
of such title is amended--
(A) in paragraph (1) by striking ``plan;'' and
inserting ``plan described by section 8903(1);'';
(B) in paragraph (2) by striking ``plan;'' and
inserting ``plan described by section 8903(2);'';
(C) in paragraph (3) by inserting ``described by
section 8903(3)'' after ``plans''; and
(D) in paragraph (4) by inserting ``described by
section 8903(4)'' after ``plans''.
(c) Effective Date.--The amendments made by this section shall
apply to contract years beginning after December 31, 1997.
SEC. 2. PROVISIONS RELATING TO THE INTERNAL REVENUE CODE OF 1986.
(a) In General.--Section 220 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(k) Federal Employees Health Benefit Plan.--For purposes of this
section--
``(1) Federal government.--The Federal Government shall be
treated as a small employer.
``(2) Limitation on deduction in case of annuitant, etc.--
Subparagraph (A) of subsection (b)(4) shall not apply in the
case of an individual who elects coverage under section 8905 or
8905a of title 5, United States Code, and who is enrolled in a
high deductible health plan under chapter 89 of such title.
``(3) Coordination with exclusion for employer
contributions.--The amount allowable for a taxable year as a
deduction under subsection (a) to an individual described in
paragraph (2) of this subsection shall be reduced (but not
below zero) by the amount which would (but for section 106(b))
be includible in such individual's gross income for such
taxable year. The limitation of the preceding sentence shall be
in lieu of the limitation of subsection (b)(5).
``(4) Numerical limitations and sunset.--
``(A) Subsection (i) shall not apply to an
individual described in paragraph (2).
``(B) Subsection (j) shall be applied without
regard to a medical savings account established on
behalf of an individual described in paragraph (2).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1997. | Amends Federal law relating to health insurance for Federal employees to authorize the Office of Personnel Management to contract for or approve one or more high deductible plans providing specified benefits. Allows the Government contribution for high deductible plans to be 100 percent of the subscription charge. Requires that, if 60 percent of the average subscription charge exceeds the total subscription charge of an employee's or annuitant's plan, the excess be paid into the employee's or annuitant's medical savings account. Determines that average disregarding high deductible plans.
Amends Internal Revenue Code medical savings account provisions to require, for those provisions, treating the Federal Government as a small employer. Exempts individuals in high deductible plans from provisions limiting: (1) the medical savings account deduction to the compensation of the individual (provides for coordination with the exclusion for employer contributions); and (2) the number of taxpayers having medical savings accounts. | {"src": "billsum_train", "title": "To make medical savings accounts available in connection with certain health plans under chapter 89 of title 5, United States Code, and for other purposes."} | 1,278 | 199 | 0.617638 | 1.560159 | 0.794518 | 1.702857 | 6.617143 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joseph H. Seall Act of 2007''.
SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES.
(a) Disability Insurance Benefits.--Section 223(a) of the Social
Security Act (42 U.S.C. 423(a)) is amended by adding at the end the
following new paragraph:
``(3) The Commissioner of Social Security may waive the application
of the individual's waiting period under clause (i) in the first
sentence of paragraph (1) if the Commissioner determines that such
individual would otherwise be entitled to disability insurance benefits
under this section, that such individual is terminally ill, and that
the application of the waiting period would work an undue hardship on
such individual (as determined on the basis of criteria established by
the Commissioner). In the case of any such waiver granted by the
Commissioner with respect to an individual, notwithstanding clauses (i)
and (ii) in the first sentence of paragraph (1), the individual shall
be entitled to disability insurance benefits for each month, beginning
with the first month during all of which such individual is under a
disability and in which such individual would become so entitled to
such insurance benefits under such sentence but for such waiting
period, and ending as provided in paragraph (1). For purposes of this
paragraph, an individual is considered to be `terminally ill' if the
individual has a medical prognosis that the individual's life
expectancy is 6 months or less.''.
(b) Widow's Insurance Benefits Based on Disability.--Section
202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the
end the following new subparagraph:
``(C) The Commissioner of Social Security may waive the application
of the individual's waiting period under paragraph (1)(F)(i) if the
Commissioner determines that she would otherwise be entitled to widow's
insurance benefits under this section, that she is terminally ill, and
that such application of the waiting period would work an undue
hardship on her (as determined on the basis of criteria established by
the Commissioner). In the case of any such waiver granted by the
Commissioner with respect to an individual, notwithstanding clauses (i)
and (ii) of paragraph (1)(F), she shall be entitled to widow's
insurance benefits for each month, beginning with the first month
during all of which she is under a disability and in which she would
become so entitled to such insurance benefits under paragraph (1) but
for such waiting period, and ending as provided in paragraph (1). For
purposes of this subparagraph, an individual is considered to be
`terminally ill' if the individual has a medical prognosis that the
individual's life expectancy is 6 months or less.''.
(c) Widower's Insurance Benefits Based on Disability.--Section
202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the
end the following new subparagraph:
``(C) The Commissioner of Social Security may waive the application
of the individual's waiting period under paragraph (1)(F)(i) if the
Commissioner determines that he would otherwise be entitled to
widower's insurance benefits under this section, that he is terminally
ill, and that such application would work an undue hardship on him (as
determined on the basis of criteria established by the Commissioner).
In the case of any such waiver granted by the Commissioner with respect
to an individual, notwithstanding clauses (i) and (ii) of paragraph
(1)(F), he shall be entitled to widower's insurance benefits for each
month, beginning with the first month during all of which he is under a
disability and in which he would become so entitled to such insurance
benefits under paragraph (1) but for such waiting period, and ending as
provided in paragraph (1). For purposes of this subparagraph, an
individual is considered to be `terminally ill' if the individual has a
medical prognosis that the individual's life expectancy is 6 months or
less.''.
(d) Commencement of Period of Disability.--Section 216(i)(2)(A) of
such Act (42 U.S.C. 416(i)(2)(A)) is amended--
(1) by inserting ``(i)'' after ``(2)(A)'';
(2) by inserting ``(I)'' after ``but only if'';
(3) by inserting ``(II)'' after ``duration or''; and
(4) by adding at the end the following new clause:
``(ii) The Commissioner of Social Security may waive the
application of the five-month requirement under clause (i)(I) if the
Commissioner determines that such individual would otherwise be
entitled to a period of disability under this paragraph, that such
individual is terminally ill, and that the application of such five-
month requirement would work an undue hardship on such individual (as
determined on the basis of criteria established by the Commissioner).
For purposes of this clause, an individual is considered to be
`terminally ill' if the individual has a medical prognosis that the
individual's life expectancy is 6 months or less.''.
(e) Effective Dates.--The amendments made by subsection (a) shall
apply only with respect to benefits under section 223 of the Social
Security Act, or under section 202 of such Act on the basis of the
wages and self-employment income of an individual entitled to benefits
under such section 223, for months beginning after 90 days after the
date of the enactment of this Act. The amendments made by subsections
(b) and (c) shall apply only with respect to benefits based on
disability under subsection (e) or (f) of section 202 of the Social
Security Act for months after 90 days after the date of the enactment
of this Act. The amendments made by subsection (d) shall apply only
with respect to applications for disability determinations filed under
title II of the Social Security Act after 90 days after the date of the
enactment of this Act.
SEC. 3. STUDY REGARDING DISABILITY CLAIMS PROCESSING.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Commissioner of Social Security shall
undertake a study regarding the processing of claims for disability
insurance benefits under section 223 of the Social Security Act, other
benefits based on disability under section 202 of such Act, periods of
disability under section 216(i) of such Act, and supplemental security
income benefits based on disability under title XVI of such Act.
(b) Matters To Be Studied.--In carrying out the study required
under subsection (a), the Commissioner shall--
(1) analyze the methods and procedures currently employed
in making determinations regarding claims described in
subsection (a), including methods and procedures employed by
State agencies and the Social Security Administration under
section 221 of such Act, and
(2) compare such methods and procedures to the methods and
procedures currently employed by other Federal and State
agencies and disability benefit providers in the private sector
regarding claims for disability benefits under programs
administered by such agencies and providers.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Commissioner shall report to the Committee
on Ways and Means of the House of Representatives and the Committee on
Finance of the Senate the Commissioner's recommendations regarding
possible improvements in the methods and procedures referred to in
subsection (b)(1) (including methods and procedures that would expedite
the disability determination process as a means of remedying the
current backlog in the processing of claims described in subsection
(a)) based on the comparisons made pursuant to subsection (b)(2),
together with such recommendations for legislative changes as the
Commissioner may consider necessary or appropriate to facilitate such
improvements. | Joseph H. Seall Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to authorize waivers by the Commissioner of Social Security of the five-month waiting period for entitlement to benefits based on disability in cases in which such waiting period would cause undue hardship to terminally ill benefiaries.
Requires the Commissioner to study and report to specified congressional committees on possible improvements in disability claims processing. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to authorize waivers by the Commissioner of Social Security of the 5-month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries, and to provide for a study by the Commissioner regarding possible improvements in disability claims processing."} | 1,804 | 106 | 0.55814 | 1.51966 | 0.679999 | 2.578313 | 19.325301 | 0.843373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vanishing Wildlife Stamp Act of
2000''.
SEC. 2. SPECIAL POSTAGE STAMPS RELATING TO VANISHING WILDLIFE
PROTECTION.
(a) In General.--Chapter 4 of title 39, United States Code, is
amended by inserting after section 414 the following:
``Sec. 414a. Special postage stamps relating to funding vanishing
wildlife protection programs
``(a) In order to afford the public a convenient way to invest in
vanishing wildlife protection programs, the Postal Service shall
establish a special rate of postage for first-class mail under this
section.
``(b) The rate of postage established under this section--
``(1) shall be no more than 25 percent higher than the rate
that would otherwise apply;
``(2) may be established without regard to any procedures
under chapter 36 of title 39, United States Code, and
notwithstanding any other provision of law; and
``(3) shall be offered as an alternative to the regular
first class rate of postage.
``(c) The use of the rate of postage established under this section
shall be voluntary on the part of postal patrons.
``(d)(1) Amounts becoming available from public investment in
wildlife protection programs shall be paid by the Postal Service to the
Department of Interior Multilateral Species Conservation Fund. Payments
under this section shall be made under such arrangements as the Postal
Service shall, by mutual agreement with the Department of Interior,
establish in order to carry out the purposes of this section, except
that under those arrangements, payments to the Department of Interior
shall be made at least twice a year.
``(2) For purposes of this section, the term `amounts becoming
available from public investment in vanishing wildlife protection
programs' means--
``(A) the total amount of revenues received by the Postal
Service that it would not have received but for the enactment
of this section; reduced by
``(B) an amount sufficient to cover reasonable costs
incurred by the Postal Service in carrying out this section,
including costs attributable to the printing, sale, and
distribution of stamps under this section,
as determined by the Postal Service under regulations that it shall
prescribe.
``(e) It is the sense of Congress that nothing in this section
should--
``(1) directly or indirectly cause a net decrease in total
funds received by the Department of Interior or any other
agency of the Government (or any component or program thereof)
below the level that would otherwise have been received but for
the enactment of this section; or
``(2) affect regular first-class rates of postage or any
other regular rates of postage.
``(f) Special postage stamps under this section shall be made
available to the public beginning on such date as the Postal Service
shall by regulation prescribe, but not later than 12 months after the
date of the enactment of this section.
``(g) The Postmaster General shall include in each report rendered
under section 2402 with respect to any period during any portion of
which this section is in effect, information concerning the operation
of this section, except that, at a minimum, each report shall include--
``(1) the total amount described in subsection (d)(2)(A)
which was received by the Postal Service during the period
covered by such report; and
``(2) of the amount under paragraph (1), how much (in the
aggregate and by category) was required for the purposes
described in subsection (d)(2)(B).
``(h) This section shall cease to be effective at the end of the 2-
year period beginning on the date on which special postage stamps under
this section are first made available to the public.''.
(b) Report by the Comptroller General of the United States.--Not
later than 3 months (but no earlier than 6 months) before the end of
the 2-year period referred to in section 414a(h) of title 39, United
States Code (as amended by subsection (a)), the Comptroller General of
the United States shall submit to the Congress a report on the
operation of such section. Such report shall include--
(1) an evaluation of the effectiveness and the
appropriateness of the authority provided by such section as a
means of fund-raising; and
(2) a description of the monetary and other resources
required of the Postal Service in carrying out such section.
(c) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter 4
of title 39, United States Code, is amended by striking the
item relating to section 414 and inserting the following:
``414. Special postage stamps relating to breast cancer.
``414a. Special postage stamps relating to funding vanishing wildlife
protection programs.''.
(2) Section heading.--The heading for section 414 of title
39, United States Code, is amended to read as follows:
``Sec. 414. Special postage stamps relating to breast cancer''. | Requires amounts becoming available from public investment in such programs to be paid by the Postal Service to the Department of the Interior Multilateral Species Conservation Fund. | {"src": "billsum_train", "title": "Vanishing Wildlife Stamp Act of 2000"} | 1,115 | 36 | 0.646079 | 1.60971 | 0.631506 | 5.178571 | 37.821429 | 0.964286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Protection from Violent
Programming Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Television influences children's perception of the
values and behavior that are common and acceptable in society.
(2) Broadcast television, cable television, and video
programming are--
(A) uniquely pervasive presences in the lives of
all American children; and
(B) readily accessible to all American children.
(3) Violent video programming influences children, as does
indecent programming.
(4) There is empirical evidence that children exposed to
violent video programming at a young age have a higher tendency
to engage in violent and aggressive behavior later in life than
those children not so exposed.
(5) There is empirical evidence that children exposed to
violent video programming have a greater tendency to assume
that acts of violence are acceptable behavior and therefore to
imitate such behavior.
(6) There is empirical evidence that children exposed to
violent video programming have an increased fear of becoming a
victim of violence, resulting in increased self-protective
behaviors and increased mistrust of others.
(7) There is a compelling governmental interest in limiting
the negative influences of violent video programming on
children.
(8) There is a compelling governmental interest in
channeling programming with violent content to periods of the
day when children are not likely to comprise a substantial
portion of the television audience.
(9) A significant amount of violent programming that is
readily accessible to minors remains unrated specifically for
violence and therefore cannot be blocked solely on the basis of
its violent content.
(10) Age-based ratings that do not include content rating
for violence do not allow parents to block programming based
solely on violent content thereby rendering ineffective any
technology-based blocking mechanism designed to limit violent
video programming.
(11) The most recent study of the television ratings system
by the Kaiser Family Foundation concludes that 79 percent of
violent programming is not specifically rated for violence.
(12) Technology-based solutions, such as the V-chip, may be
helpful in protecting some children, but cannot achieve the
compelling governmental interest in protecting all children
from violent programming when parents are only able to block
programming that has, in fact, been rated for violence.
(13) Restricting the hours when violent programming can be
shown protects the interests of children whose parents are
unavailable, unable to supervise their children's viewing
behavior, do not have the benefit of technology-based
solutions, are unable to afford the costs of technology-based
solutions, or are unable to determine the content of those
shows that are only subject to age-based ratings.
(14) After further study, pursuant to a rulemaking, the
Federal Communications Commission may conclude that content-
based ratings and blocking technology do not effectively
protect children from the harm of violent video programming.
(15) If the Federal Communications Commission reaches the
conclusion described in paragraph (14), the channeling of
violent video programming will be the least restrictive means
of limiting the exposure of children to the harmful influences
of violent video programming.
SEC. 3. ASSESSMENT OF EFFECTIVENESS OF CURRENT RATING SYSTEM FOR
VIOLENCE AND EFFECTIVENESS OF V-CHIP IN BLOCKING VIOLENT
PROGRAMMING.
(a) Report.--The Federal Communications Commission shall--
(1) assess the effectiveness of measures to require
television broadcasters and multichannel video programming
distributors (as defined in section 602(13) of the
Communications Act of 1934 (47 U.S.C. 522(13)) to rate and
encode programming that could be blocked by parents using the
V-chip undertaken under section 715 of the Communications Act
of 1934 (47 U.S.C. 715) and under subsections (w) and (x) of
section 303 of that Act (47 U.S.C. 303(w) and (x)) in
accomplishing the purposes for which they were enacted; and
(2) report its findings to the Committee on Commerce,
Science, and Transportation of the United States Senate and the
Committee on Commerce of the United States House of
Representatives, within 12 months after the date of enactment
of this Act, and annually thereafter.
(b) Action.--If the Commission finds at any time, as a result of
its ongoing assessment under subsection (a), that the measures referred
to in subsection (a)(1) are insufficiently effective, then the
Commission shall complete a rulemaking within 270 days after the date
on which the Commission makes that finding to prohibit the distribution
of violent video programming during the hours when children are
reasonably likely to comprise a substantial portion of the audience.
(c) Definitions.--Any term used in this section that is defined in
section 715 of the Communications Act of 1934 (47 U.S.C. 715), or in
regulations under that section, has the same meaning as when used in
that section or in those regulations.
SEC. 4. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING THAT IS NOT
SPECIFICALLY RATED FOR VIOLENCE AND THEREFORE IS NOT
BLOCKABLE.
Title VII of the Communications Act of 1934 (47 U.S.C. 701 et seq.)
is amended by adding at the end the following:
``SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING NOT
SPECIFICALLY BLOCKABLE BY ELECTRONIC MEANS.
``(a) Unlawful Distribution.--It shall be unlawful for any person
to distribute to the public any violent video programming not blockable
by electronic means specifically on the basis of its violent content
during hours when children are reasonably likely to comprise a
substantial portion of the audience.
``(b) Rulemaking Proceeding.--The Commission shall conduct a
rulemaking proceeding to implement the provisions of this section and
shall promulgate final regulations pursuant to that proceeding not
later than 9 months after the date of enactment of the Children's
Protection from Violent Programming Act. As part of that proceeding,
the Commission--
``(1) may exempt from the prohibition under subsection (a)
programming (including news programs and sporting events) whose
distribution does not conflict with the objective of protecting
children from the negative influences of violent video
programming, as that objective is reflected in the findings in
section 551(a) of the Telecommunications Act of 1996;
``(2) shall exempt premium and pay-per-view cable
programming and premium and pay-per-view direct-to-home
satellite programming; and
``(3) shall define the term `hours when children are
reasonably likely to comprise a substantial portion of the
audience' and the term `violent video programming'.
``(c) Enforcement.--
``(1) Forfeiture penalty.--The Commission shall impose a
forfeiture penalty of not more than $25,000 on any person who
violates this section or any regulation promulgated under it
for each such violation. For purposes of this paragraph, each
day on which such a violation occurs is a separate violation.
``(2) License revocation.--If a person repeatedly violates
this section or any regulation promulgated under this section,
the Commission shall, after notice and opportunity for hearing,
revoke any license issued to that person under this Act.
``(3) License renewals.--The Commission shall consider,
among the elements in its review of an application for renewal
of a license under this Act, whether the licensee has complied
with this section and the regulations promulgated under this
section.
``(d) Definitions.--For purposes of this section--
``(1) Blockable by electronic means.--The term `blockable
by electronic means' means blockable by the feature described
in section 303(x).
``(2) Distribute.--The term `distribute' means to send,
transmit, retransmit, telecast, broadcast, or cablecast,
including by wire, microwave, or satellite, but it does not
include the transmission, retransmission, or receipt of any
voice, data, graphics, or video telecommunications accessed
through an interactive computer service as defined in section
230(f)(2) of the Communications Act of 1934 (47 U.S.C.
230(f)(2)), which is not originated or transmitted in the
ordinary course of business by a television broadcast station
or multichannel video programming distributor as defined in
section 602(13) of that Act (47 U.S.C. 522(13)).
``(3) Violent video programming.--The term `violent video
programming' as defined by the Commission may include matter
that is excessive or gratuitous violence within the meaning of
the 1992 Broadcast Standards for the Depiction of Violence in
Television Programs, December 1992.''.
SEC. 5. FTC STUDY OF MARKETING STRATEGY IMPROVEMENTS.
The Federal Trade Commission shall study the marketing of violent
content by the motion picture, music recording, and computer and video
game industries to children, including the marketing practices
improvements described by industry representatives at the hearing held
by the Senate Committee on Commerce, Science, and Transportation on
September 13, 2000. The Commission shall assess the extent to which
these marketing practices have improved under the model of self-
regulation as recommended by the Commission in its September, 2000,
report, Making Violent Entertainment to Children: A Review of Self
Regulation and Industry Practices in the Motion Picture, Music
Recording and Electronic Game Industries. The Commission shall report
the results of the study, including findings, and recommendations, if
any, to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Commerce within 18 months
after the date of enactment of this Act.
SEC. 6. SEPARABILITY.
If any provision of this Act, or any provision of an amendment made
by this Act, or the application thereof to particular persons or
circumstances, is found to be unconstitutional, the remainder of this
Act or that amendment, or the application thereof to other persons or
circumstances shall not be affected.
SEC. 7. EFFECTIVE DATE.
The prohibition contained in section 715 of the Communications Act
of 1934 (as added by section 2 of this Act) and the regulations
promulgated thereunder shall take effect 1 year after the regulations
are adopted by the Commission. | Children's Protection From Violent Programming Act - Directs the Federal Communications Commission (FCC) to assess the effectiveness of measures to require television broadcasters and multichannel video programming distributors to rate and encode programming that could be blocked by parents by use of a V-chip. Authorizes the FCC, if it finds such measures ineffective, to prohibit the distribution of violent video programming during hours when children are reasonably likely to comprise a substantial portion of the audience.Amends the Communications Act of 1934 to make it unlawful for any person to distribute to the public any violent video programming not blockable by electronic means specifically on the basis of its violent content. Provides for exemptions for: (1) programming (including news programs and sporting events) the distribution of which does not conflict with the objective of protecting children from the negative influences of violent video programming; and (2) premium and pay-per-view direct-to-home satellite programming.Directs the FCC to impose a forfeiture penalty for violations and to revoke a broadcasting or distribution license of a repeat violator.Requires the FCC to study and report to specified committees on the marketing to children of violent content by the motion picture, music recording, and computer and video game industries. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to require that violent video programming is limited to broadcast after the hours when children are reasonably likely to comprise a substantial portion of the audience, unless it is specifically rated on the basis of its violent content so that it is blockable by electronic means specifically on the basis of that content."} | 2,276 | 270 | 0.573034 | 1.647876 | 0.796459 | 5.489362 | 8.740426 | 0.919149 |
SECTION 1. TAX CREDIT FOR MARGINAL DOMESTIC OIL AND NATURAL GAS WELL
PRODUCTION.
(a) Credit for Producing Oil and Gas From Marginal Wells.--Subpart
D of part IV of subchapter A of chapter 1 of the Internal Revenue Code
of 1986 (relating to business credits) is amended by adding at the end
the following new section:
``SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS.
``(a) General Rule.--For purposes of section 38, the marginal well
production credit for any taxable year is an amount equal to the
product of--
``(1) the credit amount, and
``(2) the qualified crude oil production and the qualified
natural gas production which is attributable to the taxpayer.
``(b) Credit Amount.--For purposes of this section--
``(1) In general.--The credit amount is--
``(A) $3 per barrel of qualified crude oil
production, and
``(B) 50 cents per 1,000 cubic feet of qualified
natural gas production.
``(2) Reduction as oil and gas prices increase.--
``(A) In general.--The $3 and 50 cents amounts
under paragraph (1) shall each be reduced (but not
below zero) by an amount which bears the same ratio to
such amount (determined without regard to this
paragraph) as--
``(i) the excess (if any) of the applicable
reference price over $14 ($1.40 for qualified
natural gas production), bears to
``(ii) $4 ($0.40 for qualified natural gas
production).
The applicable reference price for a taxable year is
the reference price for the calendar year preceding the
calendar year in which the taxable year begins.
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 1999,
each of the dollar amounts contained in subparagraph
(A) shall be increased to an amount equal to such
dollar amount multiplied by the inflation adjustment
factor for such calendar year (determined under section
43(b)(3)(B) by substituting `1998' for `1990').
``(C) Reference price.--For purposes of this
paragraph, the term `reference price' means, with
respect to any calendar year--
``(i) in the case of qualified crude oil
production, the reference price determined
under section 29(d)(2)(C), and
``(ii) in the case of qualified natural gas
production, the Secretary's estimate of the
annual average wellhead price per 1,000 cubic
feet for all domestic natural gas.
``(c) Qualified Crude Oil and Natural Gas Production.--For purposes
of this section--
``(1) In general.--The terms `qualified crude oil
production' and `qualified natural gas production' mean
domestic crude oil or natural gas which is produced from a
marginal well.
``(2) Limitation on amount of production which may
qualify.--
``(A) In general.--Crude oil or natural gas
produced during any taxable year from any well shall
not be treated as qualified crude oil production or
qualified natural gas production to the extent
production from the well during the taxable year
exceeds 1,095 barrels or barrel equivalents.
``(B) Proportionate reductions.--
``(i) Short taxable years.--In the case of
a short taxable year, the limitations under
this paragraph shall be proportionately reduced
to reflect the ratio which the number of days
in such taxable year bears to 365.
``(ii) Wells not in production entire
year.--In the case of a well which is not
capable of production during each day of a
taxable year, the limitations under this
paragraph applicable to the well shall be
proportionately reduced to reflect the ratio
which the number of days of production bears to
the total number of days in the taxable year.
``(3) Definitions.--
``(A) Marginal well.--The term `marginal well'
means a domestic well which during the taxable year has
marginal production (as defined in section 613A(c)(6)).
``(B) Crude oil, etc.--The terms `crude oil',
`natural gas', `domestic', and `barrel' have the
meanings given such terms by section 613A(e).
``(C) Barrel equivalent.--The term `barrel
equivalent' means, with respect to natural gas, a
conversion ratio of 6,000 cubic feet of natural gas to
1 barrel of crude oil.
``(d) Other Rules.--
``(1) Production attributable to the taxpayer.--In the case
of a marginal well in which there is more than one owner of
operating interests in the well and the crude oil or natural
gas production exceeds the limitation under subsection (c)(2),
qualifying crude oil production or qualifying natural gas
production attributable to the taxpayer shall be determined on
the basis of the ratio which taxpayer's revenue interest in the
production bears to the aggregate of the revenue interests of
all operating interest owners in the production.
``(2) Operating interest required.--Any credit under this
section may be claimed only on production which is attributable
to the holder of an operating interest.
``(3) Production from nonconventional sources excluded.--In
the case of production from a marginal well which is eligible
for the credit allowed under section 29 for the taxable year,
no credit shall be allowable under this section unless the
taxpayer elects not to claim the credit under section 29 with
respect to the well.''.
(b) Credit Treated as Business Credit.--Section 38(b) of such Code
is amended by striking ``plus'' at the end of paragraph (11), by
striking the period at the end of paragraph (12) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(13) the marginal oil and gas well production credit
determined under section 45D(a).''.
(c) Credit Allowed Against Regular and Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of such Code
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (3) as paragraph (4) and by inserting
after paragraph (2) the following new paragraph:
``(3) Special rules for marginal oil and gas well
production credit.--
``(A) In general.--In the case of the marginal oil
and gas well production credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) subparagraphs (A) and (B)
thereof shall not apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the marginal
oil and gas well production credit).
``(B) Marginal oil and gas well production
credit.--For purposes of this subsection, the term
`marginal oil and gas well production credit' means the
credit allowable under subsection (a) by reason of
section 45D(a).''.
(2) Conforming amendment.--Subclause (II) of section
38(c)(2)(A)(ii) of such Code is amended by inserting ``or the
marginal oil and gas well production credit'' after
``employment credit''.
(d) Carryback.--Subsection (a) of section 39 of such Code (relating
to carryback and carryforward of unused credits generally) is amended
by adding at the end the following new paragraph:
``(3) 10-year carryback for marginal oil and gas well
production credit.--In the case of the marginal oil and gas
well production credit--
``(A) this section shall be applied separately from
the business credit (other than the marginal oil and
gas well production credit),
``(B) paragraph (1) shall be applied by
substituting `10 taxable years' for `1 taxable years'
in subparagraph (A) thereof, and
``(C) paragraph (2) shall be applied--
``(i) by substituting `31 taxable years'
for `22 taxable years' in subparagraph (A)
thereof, and
``(ii) by substituting `30 taxable years'
for `21 taxable years'.''.
(e) Coordination With Section 29.--Section 29(a) of such Code is
amended by striking ``There'' and inserting ``At the election of the
taxpayer, there''.
(f) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following item:
``45D. Credit for producing oil and gas from marginal wells.''.
(g) Effective Date.--The amendments made by this section shall
apply to production after the date of the enactment of this Act. | Amends the Internal Revenue Code to allow a business tax credit for producing crude oil and natural gas from marginal wells of: (1) $3 per barrel of qualified crude oil production; and (2) $.50 per 1,000 cubic feet of qualified natural gas production. Provides: (1) a formula for reducing such credit in years in which oil and gas prices increase; and (2) an inflation adjustment for such formula. Allows such credit against the regular and minimum tax. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a tax credit for marginal oil and natural gas well production."} | 2,047 | 95 | 0.600353 | 1.438662 | 0.844177 | 2.773196 | 19.010309 | 0.85567 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Natural Resource Management on
Military Lands Act of 1994''.
SEC. 2. AMENDMENT OF SIKES ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title I of the Act entitled
``An Act to promote effectual planning, development, maintenance, and
coordination of wildlife, fish, and game conservation and
rehabilitation in military reservations'', approved September 15, 1960
(16 U.S.C. 670a et seq.), commonly referred to, and in this Act
referred to, as the ``Sikes Act''.
SEC. 3. INTEGRATED NATURAL RESOURCE MANAGEMENT PLANS FOR MILITARY
INSTALLATIONS, GENERALLY.
(a) In General.--Section 101(a) (16 U.S.C. 670a(a)) is amended--
(1) by striking ``is authorized to'' and inserting
``shall'';
(2) by striking ``in each military reservation in
accordance with a cooperative plan'' and inserting the
following: ``on military installations. Under the program, the
Secretary shall prepare and implement for each military
installation in the United States an integrated natural
resource management plan''; and
(3) by inserting after ``reservation is located'' the
following: ``, except that the Secretary is not required to
prepare such a plan for a military installation if the
Secretary determines that preparation of such a plan for the
installation is not appropriate''.
(b) Conforming Amendments.--Title I, as amended by subsection (a)
of this section, is further amended--
(1) in section 101(b) (16 U.S.C. 670a(b)) in the matter
preceding paragraph (1) by striking ``cooperative plan'' and
inserting ``integrated natural resource management plan'';
(2) in section 101(b)(4) (16 U.S.C. 670a(b)(4)) by striking
``cooperative plan'' each place it appears and inserting
``integrated natural resource management plan'';
(3) in section 101(c) (16 U.S.C. 670a(c)) in the matter
preceding paragraph (1) by striking ``a cooperative plan'' and
inserting ``an integrated natural resource management plan'';
(4) in section 101(d) (16 U.S.C. 670a(d)) in the matter
preceding paragraph (1) by striking ``cooperative plans'' and
inserting ``integrated natural resource management plans'';
(5) in section 101(e) (16 U.S.C. 670a(e)) by striking
``Cooperative plans'' and inserting ``Integrated natural
resource management plans'';
(6) in section 102 (16 U.S.C. 670b) by striking ``a
cooperative plan'' and inserting ``an integrated natural
resource management plan'';
(7) in section 103 (16 U.S.C. 670c) by striking ``a
cooperative plan'' and inserting ``an integrated natural
resource management plan'';
(8) in section 106(a) (16 U.S.C. 670f(a)) by striking
``cooperative plans'' and inserting ``integrated natural
resource management plans''; and
(9) in section 106(c) (16 U.S.C. 670f(c)) by striking
``cooperative plans'' and inserting ``integrated natural
resource management plans''.
(c) Contents of Plans.--Section 101(b) (16 U.S.C. 670a(b)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (C) by striking ``and'' after
the semicolon;
(B) in subparagraph (D) by striking the semicolon
at the end and inserting a comma; and
(C) by adding at the end the following:
``(E) wetland protection and restoration, and
wetland creation where necessary, for support of fish
or wildlife,
``(F) consideration of conservation needs for all
biological communities, and
``(G) the establishment of specific natural
resource management goals, objectives, and time-frames
for proposed actions;'';
(2) by striking paragraph (3);
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following:
``(2) shall for the military installation for which it is
prepared--
``(A) address the needs for fish and wildlife
management, land management, forest management, and
wildlife-oriented recreation;
``(B) ensure the integration of, and consistency
among, the various activities conducted under the plan;
``(C) ensure that there is no net loss in the
capability of installation lands to support the
military mission of the installation;
``(D) provide for sustained use by the public of
natural resources, to the extent that such use is not
inconsistent with the military mission of the
installation or the needs of fish and wildlife
management;
``(E) provide the public access to the installation
that is necessary or appropriate for that use, to the
extent that access is not inconsistent with the
military mission of the installation; and
``(F) provide for professional enforcement of
natural resource laws and regulations;''; and
(5) in paragraph (4)(A) by striking ``collect the fees
therfor,'' and inserting ``collect, spend, administer, and
account for fees therefor,''.
(d) Public Comment.--Section 101 (16 U.S.C. 670a) is amended by
adding at the end the following:
``(f) Public Comment.--The Secretary of Defense shall provide an
opportunity for public comment on each integrated natural resource
management plan prepared under subsection (a).''.
SEC. 4. REVIEW OF MILITARY INSTALLATIONS FOR PREPARATION OF INTEGRATED
NATURAL RESOURCE MANAGEMENT PLANS.
(a) Review of Military Installations.--
(1) Review.--The Secretary of each military department
shall, by not later than 9 months after the date of the
enactment of this Act--
(A) review each military installation in the United
States that is under the jurisdiction of that Secretary
to determine the military installations for which the
preparation of an integrated natural resource
management plan under section 101 of the Sikes Act, as
amended by this Act, is appropriate; and
(B) submit to the Secretary of Defense a report on
those determinations.
(2) Report to congress.--The Secretary of Defense shall, by
not later than 12 months after the date of the enactment of
this Act, submit to the Congress a report on the reviews
conducted under paragraph (1). The report shall include--
(A) a list of those military installations reviewed
under paragraph (1) for which the Secretary of Defense
determines the preparation of an integrated natural
resource management plan is not appropriate; and
(B) for each of the military installations listed
under subparagraph (A), an explanation of the reasons
such a plan is not appropriate.
(b) Deadline for Integrated Natural Resource Management Plans.--Not
later than 2 years after the date of the submission of the report
required under subsection (a)(2), the Secretary of Defense shall, for
each military installation for which the Secretary has not determined
under subsection (a)(2)(A) that preparation of an integrated natural
resource management plan is not appropriate--
(1) prepare and begin implementing such a plan mutually
agreed to by the Secretary of the Interior and the head of the
appropriate State agencies under section 101(a) of the Sikes
Act, as amended by this Act; or
(2) in the case of a military installation for which there
is in effect a cooperative plan under section 101(a) of the
Sikes Act on the day before the date of the enactment of this
Act, complete negotiations with the Secretary of the Interior
and the heads of the appropriate State agencies regarding
changes to that plan that are necessary for the plan to
constitute an integrated natural resource plan that complies
with that section, as amended by this Act.
(c) Public Comment.--The Secretary of Defense shall provide an
opportunity for the submission of public comments on--
(1) integrated natural resource management plans proposed
pursuant to subsection (b)(1); and
(2) changes to cooperative plans proposed pursuant to
subsection (b)(2).
SEC. 5. ANNUAL REVIEWS AND REPORTS.
Section 101 (16 U.S.C. 670a) is further amended by adding after
subsection (f) (as added by section 3(d) of this Act) the following:
``(g) Reviews and Reports.--
``(1) Secretary of defense.--The Secretary of Defense
shall, by not later than March 1 of each year, review the
extent to which integrated natural resource management plans
were prepared or in effect and implemented in accordance with
this Act in the preceding year, and submit a report on the
findings of that review to the committees. Each report shall
include--
``(A) the number of integrated natural resource
management plans in effect in the year covered by the
report, including the date on which each plan was
issued in final form or most recently revised;
``(B) the amount of moneys expended on conservation
activities conducted pursuant to those plans in the
year covered by the report, including amounts expended
under the Legacy Resource Management Program
established under section 8120 of the Act of November
5, 1990 (Public Law 101-511; 104 Stat. 1905); and
``(C) an assessment of the extent to which the
plans comply with the requirements of subsection (b)
(1) and (2), including specifically the extent to which
the plans ensure in accordance with subsection
(b)(2)(C) that there is no net loss of lands to support
the military missions of military installations.
``(2) Secretary of the interior.--The Secretary of the
Interior, by not later than March 1 of each year and in
consultation with State agencies responsible for conservation
or management of fish or wildlife, shall submit a report to the
committees on the amount of moneys expended by the Department
of the Interior and those State agencies in the year covered by
the report on conservation activities conducted pursuant to
integrated natural resource management plans.
``(3) Committees defined.--For purposes of this subsection,
the term `committees' means the Committees on Merchant Marine
and Fisheries and Armed Services of the House of
Representatives and the Committees on Armed Services and
Environment and Public Works of the Senate.''.
SEC. 6. FEDERAL ENFORCEMENT OF INTEGRATED NATURAL RESOURCE MANAGEMENT
PLANS; ENFORCEMENT OF OTHER LAWS.
Title I (16 U.S.C. 670a et seq.) is amended--
(1) by redesignating section 106 as section 110; and
(2) by inserting after section 105 the following:
``SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
``All Federal laws relating to the conservation of natural
resources on Federal lands may be enforced by the Secretary of Defense
with respect to violations of those laws which occur on military
installations within the United States.''.
SEC. 7. NATURAL RESOURCE MANAGEMENT SERVICES.
Title I (16 U.S.C. 670a et seq.) is amended by inserting after
section 106 (as added by section 6 of this Act) the following:
``SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.
``The Secretary of each military department shall ensure that
sufficient numbers of professionally trained natural resource
management personnel and natural resource law enforcement personnel are
available and assigned responsibility to perform tasks necessary to
comply with this Act, including the preparation and implementation of
integrated natural resource management plans.''.
SEC. 8. DEFINITIONS.
Title I (16 U.S.C. 670a et seq.) is further amended by inserting
after section 107 (as added by section 7 of this Act) the following:
``SEC. 108. DEFINITIONS.
``In this title:
``(1) Military department.--The term `military department'
means the Department of the Army, the Department of the Navy,
and the Department of the Air Force.
``(2) Military installation.--The term `military
installation'--
``(A) means any land or interest in land owned by
the United States and administered by the Secretary of
Defense or the head of a military department; and
``(B) includes all public lands withdrawn from all
forms of appropriation under public land laws and
reserved for use by the Secretary of Defense or the
head of a military department.
``(3) State fish and wildlife agency.--The term `State fish
and wildlife agency' means an agency of State government that
is responsible under State law for managing fish or wildlife
resources.
``(4) United states.--The term `United States' means the
States, the District of Columbia, the Commonwealth of Puerto
Rico, and the territories and possessions of the United
States.''.
SEC. 9. SHORT TITLE.
Title I (16 U.S.C. 670a et seq.) is further amended by inserting
after section 108 (as added by section 7 of this Act) the following:
``SEC. 109. SHORT TITLE.
``This title may be cited as the `Sikes Act'.''.
SEC. 10. COOPERATIVE AGREEMENTS.
(a) Cost Sharing.--Section 103a(b) (16 U.S.C. 670c-1(b)) is amended
by striking ``matching basis'' each place it appears and inserting
``cost-sharing basis''.
(b) Accounting.--Section 103a(c) (16 U.S.C. 670c-1(c)) is amended
by inserting before the period at the end the following: ``, and shall
not be subject to section 1535 of that title''.
SEC. 11. REPEAL.
Section 2 of the Act of October 27, 1986 (Public Law 99-651; 16
U.S.C. 670a-1) is repealed.
SEC. 12. CLERICAL AMENDMENTS.
Title I, as amended by this Act, is further amended--
(1) in the heading for the title by striking ``military
reservations'' and inserting ``military installations'';
(2) in section 101(a) (16 U.S.C. 670a(a)) by striking ``the
reservation'' and inserting ``the installation'';
(3) in section 101(b)(4) (16 U.S.C. 670a(b)(4))--
(A) in subparagraph (A) by striking ``the
reservation'' and inserting ``the installation''; and
(B) in subparagraph (B) by striking ``the military
reservation'' and inserting ``the military
installation'';
(4) in section 101(c) (16 U.S.C. 670a(c))--
(A) in paragraph (1) by striking ``a military
reservation'' and inserting ``a military
installation''; and
(B) in paragraph (2) by striking ``the
reservation'' and inserting ``the installation'';
(5) in section 102 (16 U.S.C. 670b) by striking ``military
reservations'' and inserting ``military installations''; and
(6) in section 103 (16 U.S.C. 670c) by striking ``military
reservations'' and inserting ``military installations''.
SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Programs on Military Installations.--Subsections (b) and (c) of
section 110 (as redesignated by section 6 of this Act) are each amended
by striking ``1983'' and all that follows through ``1993,'' and
inserting ``1994, 1995, 1996, and 1997,''.
(b) Programs on Public Lands.--Subsections (a) and (b) of section
209 (16 U.S.C. 670o (a) and (b)) are each amended by striking ``1983''
and all that follows through ``1993,'' and inserting ``1994, 1995,
1996, and 1997,''.
Passed the House of Representatives September 12, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 3300 RS----2 | Natural Resource Management on Military Lands Act of 1994 - Amends the Act of September 15, 1960 (commonly referred to as the Sikes Act) to direct (current law authorizes) the Secretary of Defense to carry out a program of wildlife, fish, and game conservation on each U.S. military installation. Requires an integrated natural resource management plan (plan) to be included in each program. Requires the plan to address the needs for fish and wildlife management, land management, forest management, and wildlife-oriented recreation. Requires an opportunity for public comment on each plan prepared. Requires the: (1) Secretaries of each military department to review and report to the Secretary on military installations under their jurisdiction which would be appropriate for a plan; and (2) Secretary to report to the Congress on such reviews. Provides a deadline for the establishment of such plans.
Directs the Secretary to annually review the extent to which plans were prepared or in effect and implemented during the preceding year. Requires the Secretary of the Interior to report to specified congressional committees on funds expended on conservation activities conducted pursuant to such plans.
Provides for the enforcement on military installations of all Federal laws relating to natural resources conservation on Federal lands. Requires the Secretary of each military department to ensure that sufficient numbers of trained natural resource management and law enforcement personnel are available and assigned to perform tasks necessary to ensure plan compliance.
Entitles the Act of September 15, 1960, as the Sikes Act.
Extends through FY 1997 the authorization of appropriations for natural resources conservation programs on military installations, as well as equivalent programs on other public lands. | {"src": "billsum_train", "title": "Natural Resource Management on Military Lands Act of 1994"} | 3,767 | 355 | 0.612994 | 1.808041 | 0.778959 | 2.946372 | 10.384858 | 0.883281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Service 100th
Anniversary Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 1916, Congress established the National Park Service
as a bureau within the Department of the Interior to administer
America's great national parks and monuments as a unified
National Park System.
(2) From 1916 to the present, the National Park System has
grown from 37 park units with 6,000,000 acres of land in the
western United States to more than 395 units with 84,000,000
acres of land in nearly all States and territories.
(3) The responsibilities of the National Park Service have
grown to include--
(A) managing national historic trails and national
scenic trails;
(B) administering wild and scenic rivers;
(C) recognizing America's most significant historic
resources through the National Register of Historic
Places and the National Historic Landmark program;
(D) providing historic preservation grants; and
(E) assisting communities in meeting their
preservation, conservation, and recreation needs.
(4) The National Park Service Organic Act of 1916, which
established the National Park Service, remains the preeminent
law guiding the management of parks and articulating the
Service's core mission, ``to conserve the scenery and the
natural and historic objects and the wild life therein and to
provide for the enjoyment of the same in such manner and by
such means as will leave them unimpaired for the enjoyment of
future generations''.
(5) The 100th anniversary of the National Park Service in
2016 will be an occasion to celebrate a century of American
vision and achievement in identifying and preserving our
Nation's special places for the benefit of everyone and the
culmination of 100 years of accomplishment by the National Park
Service's employees, partners, and volunteers. It will also
mark the beginning of the organization's second century of
service to the American people as environmental leaders and
vigilant stewards of the Nation's treasured places and stories.
(6) Coins commemorating the 100th anniversary of the
National Park Service will bring national and international
attention to the National Park System and to the legacy
Congress left in 1916 when it established a Federal agency to
ensure the protection of our Nation's most treasured natural
and cultural resources for all time.
(7) The proceeds from a surcharge on the sale of
commemorative coins will assist the financing of the needs of
the National Park Service's parks and programs, helping to
ensure that our Nation's great natural and cultural resources
will endure for generations to come.
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) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, 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.--Not more than 750,000 half
dollar coins, 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) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
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 100th anniversary of the
National Park Service.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the face value of the coin;
(B) an inscription of the year ``2016''; 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--
(A) the National Park Service;
(B) the National Park Foundation; and
(C) the Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 2016, and
ending on December 31, 2016.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
the coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half dollar coin.
(b) Distribution.--
(1) In general.--Subject to section 5134(f) of title 31,
United States Code, all surcharges which are received by the
Secretary from the sale of coins issued under this Act shall be
promptly paid by the Secretary to the National Park Foundation
for projects and programs that help preserve and protect
resources under the stewardship of the National Park Service
and promote public enjoyment and appreciation of those
resources.
(2) Prohibition on land acquisition.--Surcharges paid to
the National Park Foundation pursuant to paragraph (1) may not
be used for land acquisition.
(c) Audits.--The National Park Foundation shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received by the Foundation under
subsection (b).
(d) Limitations.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code.
SEC. 9. BUDGET COMPLIANCE.
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 Committee on the Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage.
Passed the House of Representatives April 29, 2014.
Attest:
KAREN L. HAAS,
Clerk. | National Park Service 100th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue gold, silver, and half-dollar clad coins in commemoration of the 100th anniversary of the establishment of the National Park Service (NPS). Authorizes the issuance of coins under this Act only for a one-year period, beginning on January 1, 2016. Requires the Secretary to make bulk sales of the coins issued under this Act at a reasonable discount. Requires all sales of coins minted under this Act to include a surcharge of $35 per gold coin, $10 per silver coin, and $5 per half-dollar clad coin. Requires all of the surcharges received from the sale of such coins to be paid to the National Park Foundation for projects and programs to help preserve and protect resources under the stewardship of the NPS and to promote public enjoyment and appreciation of those resources. Prohibits the surcharges paid to the Foundation from being used for land acquisition. Directs the Secretary to take actions to ensure that: (1) minting and issuing such coins will not result in any net cost to the U.S. government; and (2) no funds will be disbursed to the recipients designated in this Act until the total cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the Treasury. | {"src": "billsum_train", "title": "National Park Service 100th Anniversary Commemorative Coin Act"} | 2,011 | 311 | 0.482511 | 1.554035 | 0.657684 | 4.00365 | 6.835766 | 0.923358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assistant United States Attorneys
Retirement Benefit Equity Act of 1998''.
SEC. 2. TREATMENT OF ASSISTANT UNITED STATES ATTORNEYS.
(a) Civil Service Retirement System.--
(1) Inclusion in definition of a law enforcement officer.--
Paragraph (20) of section 8331 of title 5, United States Code,
is amended by adding at the end the following: ``such term
includes an Assistant United States Attorney;''.
(2) Definition of an assistant united states attorney.--
Section 8331 of title 5, United States Code, is amended by
striking ``and'' at the end of paragraph (25), by striking the
period at the end of paragraph (26) and inserting ``; and'',
and by adding after paragraph (26) the following:
``(27) `Assistant United States Attorney' means an
assistant United States attorney appointed under section 542 of
title 28.''.
(b) Federal Employees' Retirement System.--
(1) Inclusion in definition of a law enforcement officer.--
Paragraph (17) of section 8401 of title 5, United States Code,
is amended by striking ``and'' at the end of subparagraph (C),
by adding ``and'' after the semicolon at the end of
subparagraph (D), and by adding after subparagraph (D) the
following:
``(E) an Assistant United States Attorney;''.
(2) Definition of an assistant united states attorney.--
Section 8401 of title 5, United States Code, is amended by
striking ``and'' at the end of paragraph (31), by striking the
period at the end of paragraph (32) and inserting ``; and'',
and by adding after paragraph (32) the following:
``(33) `Assistant United States Attorney' means an
assistant United States attorney appointed under section 542 of
title 28.''.
(c) Effective Date.--Except as otherwise provided in section 3,
this Act and the amendments made by this Act shall take effect on the
first day of the first applicable pay period beginning after the
expiration of the 90-day period beginning on the date of enactment of
this Act.
SEC. 3. PROVISIONS RELATING TO INCUMBENTS.
(a) Incumbent Defined.--For purposes of this section, the term
``incumbent'' means an individual first appointed as an Assistant
United States Attorney before the effective date of this Act who is
serving in that capacity on such effective date.
(b) Notice Requirement.--Not later than 6 months after the
effective date of this Act, the Department of Justice shall take
measures reasonably designed to provide notice to incumbents as to
their election rights under this Act, and the consequences of making or
not making a timely election.
(c) Election Available to Incumbents.--
(1) In general.--An incumbent may elect, for all purposes,
either--
(A) to be treated in accordance with the amendments
made by this Act; or
(B) to be treated in the same way as if this Act
had never been enacted.
Failure to make a timely election under this subsection shall
be treated in the same way as an election under subparagraph
(A) made on the last day allowable under paragraph (2).
(2) Deadline.--An election under this subsection shall not
be effective unless it is made before the 90th day after the
date on which the notice under subsection (b) is provided or
the date on which the incumbent involved separates from
service, whichever is earlier.
(3) Interim status.--Notwithstanding any other provision of
this Act, no change in the retirement coverage of any incumbent
shall occur, by reason of the enactment of this Act, before the
date on which an election under paragraph (1)(A) is made (or
deemed to have been made).
(d) Retroactive Effect.--In the case of any incumbent who elects
(or is deemed to have elected) the option under subsection (c)(1)(A),
all service performed by such individual as an Assistant United States
Attorney shall--
(1) to the extent performed on or after the effective date
of that election, be treated in accordance with applicable
provisions of chapter 83 or 84 of title 5, United States Code,
as amended by this Act; and
(2) to the extent performed before the effective date of
that election, be treated in accordance with applicable
provisions of chapter 83 or 84 of such title, as if the
amendments made by this Act had then been in effect.
(e) Makeup Contributions.--
(1) In general.--In addition to any other payment that it
is required to make under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code--
(A) the Department of Justice shall remit to the
Office of Personnel Management, in such time, form, and
manner as the Office may require, the amount described
in paragraph (2); and
(B) any amount so remitted shall be deposited in
the Treasury of the United States to the credit of the
Civil Service Retirement and Disability Fund.
(2) Amount to be remitted.--The amount described in this
paragraph is the total amount of additional individual and
Government contributions to the Civil Service Retirement and
Disability Fund that would have been required (for all
incumbents described in subsection (d), for all service
performed by them as an Assistant United States Attorney before
the effective date of their election under subsection (c)), if
the amendments made by this Act had then been in effect, plus
interest.
(3) No individual liability.--Nothing in this Act or in
chapter 83 or 84 of title 5, United States Code (as amended by
this Act) shall be considered to create any individual
liability for any shortfall in any contributions required to be
made up in the manner provided for under this subsection.
(f) Regulations.--The Office of Personnel Management shall
prescribe any regulations necessary to carry out this Act, including
provisions under which any interest due on the amount described in
subsection (e) shall be determined.
(g) Definition.--For purposes of this section, the term ``Assistant
United States Attorney'' means an assistant United States attorney
appointed under section 542 of title 28, United States Code. | Assistant United States Attorneys Retirement Benefit Equity Act of 1998 - Makes applicable to Assistant United States Attorneys the provisions of the Civil Service Retirement System and the Federal Employees Retirement System that apply to law enforcement officers.
Directs the Department of Justice to provide notice to incumbent Assistant U.S. Attorneys of their election rights under this Act and the consequences of making or not making a timely election. Allows such incumbents to elect the option to be treated either: (1) in accordance with the amendments made by this Act; or (2) in the same way as if this Act had never been enacted. Treats failure to make a timely election in the same way as an election made under the first option on the last day allowable. Makes an election ineffective unless it is made before the 90th day after the date on which the notice is provided or the date on which the incumbent separates from service, whichever is earlier. Applies the amendments made by this Act retroactively in the case of any incumbent who elects the first option and provides for makeup contributions. | {"src": "billsum_train", "title": "Assistant United States Attorneys Retirement Benefit Equity Act of 1998"} | 1,390 | 228 | 0.530806 | 1.48859 | 0.717664 | 4.132353 | 6.387255 | 0.906863 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The estimated veteran population of the Nation is
22,328,000.
(2) Nearly 30 percent of veterans live in rural areas, with
younger veterans who served in support of Operation Iraqi
Freedom and Operation Enduring Freedom more likely than other
veterans to live in rural areas.
(3) Veterans living in rural areas are reported to be in
poorer health than veterans living in urban areas.
(4) Veterans living in rural areas often need to travel
extremely long distances to receive medical care and the other
services to which they are entitled.
(5) The medical facilities of the Department of Veterans
Affairs include 821 community-based outpatient clinics, 300
veterans centers, and 152 hospitals.
(6) Rural veterans represent 41 percent of the total number
of veterans enrolled in the Department of Veterans Affairs
patient enrollment system under section 1705 of title 38,
United States Code.
(7) A higher percentage of veterans residing in rural areas
reported having at least one disability compared with veterans
residing in urban areas.
(8) Each year more than 150,000 members of the Armed Forces
are discharged or separated from service in the Armed Forces
and transition to veteran status.
(9) Navigating the transition from the health care system
of Department of Defense to the health care system of the
Department of Veterans Affairs involves the coordination of
data and information between Department of Defense and the
Department of Veterans Affairs.
(10) It is important to develop electronic health records
that can be accessed by both the Department of Defense and the
Department of Veterans Affairs whether a patient is a member of
the Armed Forces or a veteran to ensure the greater
availability of health care information for members of the
Armed Forces and veterans.
SEC. 2. TRANSPORTATION GRANTS FOR RURAL VETERANS SERVICE ORGANIZATIONS.
(a) Grants Authorized.--
(1) In general.--The Secretary of Veterans Affairs shall
establish a grant program to provide innovative transportation
options to veterans in highly rural areas.
(2) Use of funds.--Grants awarded under this section may be
used by State veterans service agencies and veterans service
organizations to--
(A) assist veterans in highly rural areas to travel
to Department of Veterans Affairs medical centers; and
(B) otherwise assist in providing medical care to
veterans in highly rural areas.
(3) Maximum amount.--The amount of a grant under this
section may not exceed $50,000.
(4) No matching requirement.--The recipient of a grant
under this section may not be required to provide matching
funds as a condition for receiving such grant.
(5) Recovery of unused grant funds.--If a recipient of a
grant does not use the full amount of funds received under this
section by not later than September 30 of the fiscal year in
which such grant was awarded, the United States shall be
entitled to recover from such recipient the total of all unused
grant amounts made under this section to such recipient.
(b) Regulations.--The Secretary shall prescribe regulations for--
(1) evaluating grant applications under this section; and
(2) otherwise administering the program established by this
section.
(c) Reports.--Not later than February 1 of each year, the Secretary
shall submit to Congress a report containing information related to
each grant awarded under this section during the preceding year,
including--
(1) the name of the grant recipient; and
(2) the amount of the grant.
(d) Veterans Service Organization Definition.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary of Veterans Affairs for the representation
of veterans under section 5902 of title 38, United States Code.
SEC. 3. OUTREACH REQUIREMENT.
(a) Outreach Required.--The Secretary of Veterans Affairs shall
conduct outreach, including under chapter 63 of title 38, United States
Code, to educate veterans and their family members about the
availability of transportation to assist veterans living in rural areas
in traveling to Department of Veterans Affairs medical facilities,
including transportation available pursuant to a grant made under
section 2.
(b) Outreach Defined.--In this section, the term ``outreach'' shall
have the meaning given such term in section 6301(b)(1) of title 38,
United States Code.
SEC. 4. PILOT PROGRAM FOR THE IMPLEMENTATION OF ELECTRONIC HEALTH
RECORD SYSTEMS OR CAPABILITIES AT DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITIES LOCATED IN RURAL AREAS.
(a) Pilot Program.--The Secretary of Veterans Affairs, in
cooperation with the Secretary of Defense, shall carry out a pilot
program under section 1635(f) of the National Defense Authorization Act
of Fiscal Year 2008 (Public Law 110-181; 122 Stat. 462; 10 U.S.C. 1071
note) at Department of Veterans Affairs medical facilities located in
rural areas and selected by the Secretary. Such pilot program shall be
designed to--
(1) implement at such medical facilities electronic health
record systems or capabilities that allow for full
interoperability of personal health care information between
the Department of Defense and the Department of Veterans
Affairs;
(2) ensure that veterans served by such medical facilities
are afforded the technological advances to improve the quality
of health care they receive;
(3) provide physicians and other personnel at such medical
facilities with access to the complete personal health care
information of members of the Armed Forces who are discharged
or released from service in the Armed Forces; and
(4) increase the accessibility, efficiency, and use of
electronic health records at such facilities to meet improved
health care needs.
(b) Selection of Medical Facilities.--The Secretary of Veterans
Affairs, in cooperation with the Secretary of Defense, shall select
Department of Veterans Affairs medical facilities at which to carry out
the pilot program under this section. Such facilities shall be located
in rural areas where the population rate of veterans exceeds six
percent.
(c) Reports.--Not later than April 1 of each year, the Secretary of
Veterans Affairs shall submit to Congress a report on the pilot program
under this section. Each such report shall include--
(1) an evaluation of best practices relating to furnishing
health care to veterans residing in rural areas;
(2) an evaluation of the education and training provided to
physicians and other personnel at medical facilities
participating in the pilot program; and
(3) an evaluation of the health care provided to veterans
residing in rural areas. | Directs the Secretary of Veterans Affairs (VA) to establish a grant program to provide innovative transportation options to veterans in highly rural areas in order to assist such veterans in traveling to VA medical centers for medical care. Requires the Secretary to conduct outreach to educate veterans and their family members about the availability of such transportation. Directs the Secretary to carry out a pilot program, at rural VA medical centers, for the implementation of electronic health record systems that allow for full interoperability of personal health care information between the Department of Defense (DOD) and the VA. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs to carry out a grant program and pilot program designed to improve the delivery of health care to veterans residing in rural areas, and for other purposes."} | 1,371 | 119 | 0.554493 | 1.381485 | 0.560221 | 3.88785 | 12.186916 | 0.915888 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandatory Spending Control Act of
1993''.
SEC. 2. PURPOSE.
The purpose of this Act is to determine appropriate methods for
limiting the growth of mandatory spending, including decreased funding
levels, growth limits, and improved cost efficiency.
SEC. 3. MANDATORY SPENDING CONTROL COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the ``Mandatory Spending Control Commission''.
(b) Duties.--The Commission shall carry out the duties specified
for it in this Act.
(c) Appointment.--(1)(A) The Commission shall be composed of 9
members appointed by the President, by and with the advice and consent
of the Senate.
(B) By January 1, 1995, the President shall submit to the Senate
the nominations of those first appointed to the Commission.
(2) In selecting individuals for nominations for appointments to
the Commission, the President should consult with--
(A) the Speaker of the House of Representatives concerning
the appointment of 2 members;
(B) the majority leader of the Senate concerning the
appointment of 2 members;
(C) the minority leader of the House of Representatives
concerning the appointment of 1 member; and
(D) the minority leader of the Senate concerning the
appointment of 1 member.
(3) At the time the President nominates individuals for appointment
to the Commission, the President shall designate 1 such individual to
serve as Chairman of the Commission.
(4) A vacancy in the Commission shall be filled in the manner in
which the original appointment was made.
(d) Terms.--(1) Except as provided by paragraphs (2) and (3),
members (including the member designated as chairman) shall be
appointed for terms of 3 years.
(2) Of the members first appointed--
(A) 1 appointed in consultation with the Speaker, 1
appointed in consultation with the majority leader of the
Senate, and 1 appointed by the President shall be appointed for
terms of 1 year; and
(B) 1 appointed in consultation with the minority leader of
the House of Representatives, 1 appointed in consultation with
the minority leader of the Senate, and 1 appointed by the
President shall be appointed for terms of 2 years.
(3) Any member appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was appointed shall be
appointed only for the remainder of that term. A member may serve after
the expiration of his term until his successor has taken office. No
individual may serve on the Commission for more than 1 term.
(e) Meetings.--(1) Each meeting of the Commission, other than
meetings in which classified information is to be discussed, shall be
open to the public.
(2) All the proceedings, information, and deliberations of the
Commission shall be open, upon request, to the chairman and ranking
minority party member of the Committee on the Budget of each House of
Congress.
(f) Pay and Travel Expenses.--(1)(A) 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 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 the member is engaged in the
actual performance of duties vested in the Commission.
(B) 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.
(2) Members shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(g) Director of Staff.--(1) The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a Director who
has not served as a Federal employee during the one-year period
preceding the date of such appointment.
(2) The Director shall be paid at the rate of basic pay payable for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(h) Staff.--(1) Subject to paragraphs (2) and (3), the Director,
with the approval of the Commission, may appoint and fix the pay of
additional personnel.
(2) The Director may make such appointments 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 maximum annual rate of basic pay payable
for a position above GS-15 of the General Schedule.
(3) Not more than one-third of the personnel employed by or
detailed to the Commission may be on detail from any Government agency
or from the legislative branch.
(4) Upon request of the Chairman, the head of any Federal
department or agency may detail any of the personnel of that department
or agency to the Commission to assist the Commission in carrying out
its duties under this Act.
(i) Consultants and Property.--(1) 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.
(2) The Commission may lease space and acquire personal property to
the extent funds are available.
(j) Funding.--There are authorized to be appropriated $3,000,000 to
the Commission for fiscal year 1995 and for each subsequent fiscal year
to carry out its duties under this Act. Upon confirmation of all
Commissioners, each cabinet level department shall transfer from its
administrative expenses account necessary funding to the Commission on
a pro rata basis based on that department's funding percentage of the
total executive branch budget.
(k) Termination.--The Commission shall terminate on the thirtieth
calendar day beginning after the President notifies the Commission, in
writing, that the budget has been in balance (or in surplus) for two
consecutive fiscal years, unless, as a part of that notificiation, the
President states that for budgetary reasons he has determined that the
Commission shall not so terminate.
SEC. 4. PROCEDURE FOR MAKING RECOMMENDATION FOR PROPOSED CUTS.
(a) Review and Recommendations by the Commission.--(1) Before May
15 of each calendar year, the Commission shall examine and review all
mandatory spending programs, and conduct public hearings, to determine
appropriate methods for limiting the growth of these programs to 103
percent of aggregate spending for mandatory programs for the preceding
fiscal year.
(2) The Commission shall request recommendations for mandatory
spending reductions from the heads of executive departments and
agencies, chairmen of congressional committees, the Director of the
Congressional Budget Office, the Director of the Office of Management
and Budget, the Director of the General Accounting Office, and any
other persons who may be of assistance. These heads shall also provide
to the Commission information respecting programs within their
jurisdiction. The Commission may also consider unsolicited comments.
(3) Individuals named in paragraph (2) shall endeavor to promptly
comply with requests made to them by the Commission under that
paragraph.
(b) The Commission shall, by May 15th, transmit to the President a
report containing the Commission's findings and conclusions based on a
review and analysis of the recommendations.
(c) Review by the President.--The President shall, by June 1st,
transmit to the Commission a report containing the President's comments
and suggestions respecting the Commission's recommendations.
(d) Final Recommendations.--After reviewing the comments and
suggestions of the President, the Commission shall transmit, by June
15th, a report of its final recommendations to the Congress and to the
public. This report shall take into account any net reduction in
spending for mandatory programs set forth in the concurrent resolution
on the budget (as agreed to) for the fiscal year covered by the report.
If that concurrent resolution is in compliance with the growth
limitation provision for that fiscal year as set forth in subsection
(a)(1), then the report of the Commission shall recommend no
congressional action respecting that fiscal year.
(e) Growth Limitation.--All reports described in this section shall
be in full compliance with the growth limitation provision of
subsection (a)(1).
(f) Criteria for Recommendations.--All reports described in this
section shall set forth the criteria upon which its recommendations are
based.
SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION'S REPORT.
(a) Definitions.--For purposes of this section--
(1) the term ``implementing bill'' means only a bill which
is introduced as provided under subsection (b), and contains
the proposed legislative recommendations contained in the final
report submitted to the Congress under section 4(e) without
modification; and
(2) the term ``session day'' means a day that either the
Senate or the House of Representatives is in session.
(b) Introduction.--On the fifth calendar day beginning after the
date on which a final report is submitted to the Congress under section
4(e), an implementing bill shall be introduced--
(1) in the Senate by the majority leader for himself and
the minority leader; and
(2) in the House of Representatives by the majority leader
for himself and the minority leader.
(c) Discharge.--If the committee to which an implementing bill is
referred has not reported that bill within one month, that committee
shall be immediately discharged from further consideration of such
bill, and such bill shall be placed on the appropriate calendar of the
House involved.
(d) Consideration.--(1)(A) On or after the first day after the date
on which the committee to which an implementing bill is referred has
reported, or has been discharged (under subsection (c)) from further
consideration of, such a bill, it is in order (even though a previous
motion to the same effect has been disagreed to) for any member of the
House of Representatives or the Senate, respectively, to move to
proceed to the consideration of the bill (but only the day after the
calendar day on which the member announces to the House concerned the
member's intention to do so).
(B) All points of order against an implementing bill (and against
consideration of that bill) are waived except the point of order set
forth in subsection (g).
(C)(i) A motion to proceed to the consideration of an implementing
bill is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable.
(ii) A motion described in clause (i) is not subject to amendment,
to a motion to proceed to the consideration of other business, or to a
motion to table.
(iii) A motion to reconsider the vote by which a motion described
in clause (i) is agreed to or not agreed to shall not be in order.
(iv) If a motion described in clause (i) is agreed to, the House of
Representatives or the Senate, as the case may be, shall immediately
proceed to consideration of the bill without intervening motion, order,
or other business, and the bill shall remain the unfinished business of
the House of Representatives or the Senate, as the case may be, until
disposed of.
(2)(A) Debate on an implementing bill and on all debatable motions
and appeals in connection therewith shall be limited to not more than 4
hours in the House of Representatives and 10 hours in the Senate, which
shall be divided equally between those favoring and those opposing the
bill.
(B) An amendment to an implementing bill is not in order. This
provision is not subject to a motion to suspend, nor can a unanimous
consent agreement wave this section.
(C) A motion further to limit debate on an implementing bill is in
order and not debatable.
(D) A motion to postpone consideration of an implementing bill, a
motion to proceed to the consideration of other business, a motion to
table, or a motion to recommit the bill is not in order.
(E) A motion to reconsider the vote by which an implementing bill
is agreed to or not agreed to is not in order.
(3) Immediately following the conclusion of the debate on an
implementing bill and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the House of
Representatives or the Senate, as the case may be, the vote on final
passage of the bill shall occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the House of Representatives or of the
Senate, as the case may be, to the procedure relating to an
implementing bill shall be decided without debate.
(e) Consideration by Other House.--(1) If, before the passage by
one House of an implementing bill that was introduced in that House,
that House receives from the other House an implementing bill--
(A) the bill of the other House shall not be referred to a
committee and may not be considered in the House that receives
it otherwise than on final passage under subparagraph (B)(ii);
and
(B)(i) the procedure in the House that receives such a bill
with respect to such a bill that was introduced in that House
shall be the same as if no bill had been received from the
other House; but
(ii) the vote on final passage shall be on the bill of the
other House.
(2) Upon disposition of an implementing bill that is received by
one House from the other House, it shall no longer be in order to
consider such a bill that was introduced in the receiving House.
(f) Date Certain.--If the Senate and the House of Representatives
have not acted upon the implementing bill by July 20th, then on that
day or the next day of session thereafter the bill shall be called up
by the Presiding Officer of each House upon convening and a roll call
vote shall be conducted on passage, but after that House of Congress
has debated the bill pursuant to the provisions of subsections
(d)(2)(A) and (C). If the bill passes one House, the bill shall be
transmitted on the same legislative day to the other House and that
House shall vote on passage of that bill on its next session day.
(g) Point of Order.--It shall not be in order in the House of
Representatives or the Senate to consider any implementing bill that is
not in full compliance with the growth limitation provision of section
4(a)(1) or that contains any provision that increases taxes.
(h) Rules of the Senate and 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 is deemed to be
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 implementing 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 they relate 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. 6. BUDGET OUTLAY REDUCTIONS PERMANENT.
All obligational authority reduced pursuant to this Act shall be
done in a manner that shall make such reductions permanent.
SEC. 7. ADDITIONAL ENFORCEMENT PROVISIONS.
No reductions in direct spending pursuant to this Act shall be
treated as a net deficit decrease for purposes of section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 8. COMPLIANCE REPORT BY COMPTROLLER GENERAL.
Within 15 days after the end of a session of Congress, the
Comptroller General shall submit to the Congress and the President a
report stating whether the requirements of this Act have been complied
with and indicating the respects (if any) in which they have not.
SEC. 9. DEFINITIONS AND SCOREKEEPING.
(a) Definition.--(1) As used in this Act, the term ``direct
spending'' has the meaning given to that term by section 250(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(2) As used in this Act, the term ``mandatory spending'' has the
meaning given to ``direct spending'' by section 250(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985, except that, for
purposes of this Act only, it includes social security and excludes net
interest and deposit insurance.
(b) Scorekeeping.--The Congressional Budget Office shall prepare
all necessary estimates to carry out this Act in conformance with its
scorekeeping guidelines. | Mandatory Spending Control Act of 1993 - Establishes the Mandatory Spending Control Commission to determine appropriate methods for limiting the growth of mandatory spending programs. Sets forth procedures for the Commission to report legislative recommendations to the Congress. Provides for congressional consideration of a bill to implement such recommendations. | {"src": "billsum_train", "title": "Mandatory Spending Control Act of 1993"} | 3,673 | 64 | 0.513011 | 1.150781 | 0.484521 | 2.849057 | 66.188679 | 0.886792 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Menopausal Hormone
Replacement Therapies and Alternative Treatments and Fairness Act of
2011''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Medicare coverage of menopausal hormone replacement therapy and
alternative treatments for menopausal
hormone replacement therapy.
Sec. 4. Medicaid coverage of alternative treatments for menopausal
hormone replacement therapy.
Sec. 5. Coverage of menopausal hormone replacement therapy and
alternative treatments for menopausal
hormone replacement therapy under group
health plans and individual health
insurance coverage.
Sec. 6. Coverage of menopausal hormone replacement therapy and
alternative treatments for menopausal
hormone replacement therapy under FEHBP.
Sec. 7. Coverage of alternative treatments for menopausal hormone
replacement therapy under Department of
Veterans Affairs health care system.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Women's Health Initiative terminated its study of
hormone therapy three years early because of findings that the
combination of estrogen and progestin increases the risk of
heart disease, stroke, blood clots, and breast cancer, and that
estrogen alone increases the risk of stroke and, in women over
65 years of age, increases the risk of dementia.
(2) The National Institutes of Health has stated
unequivocally that while menopause is a natural process in
women's lives, some women at midlife experience hot flashes,
night sweats, vaginal dryness, sleep disturbances, and mood
disturbances that disrupt quality of life. Women who have had
menopause induced by surgery, chemotherapy, or radiation are
more likely to experience these symptoms.
(3) Women deserve relief from menopause-related symptoms.
(4) The National Institutes of Health have stated that
while estrogen and progestin have been found to be effective
remedies for these symptoms, these remedies are not without
risk.
(5) Concerned about these risks, women seek alternative
types of treatments for symptoms that disrupt quality of life,
such as hot flashes, night sweats, vaginal dryness, sleep
disturbances, and mood disturbances.
(6) The National Institutes of Health have found that
although there are many alternatives to synthetic hormones
available, including bio-identical or ``natural'' hormones as
well as herbal remedies and food supplements, the effectiveness
and long-term safety of these products need to be rigorously
studied in diverse populations.
(7) Government insurance programs, such as Medicare,
Medicaid, the Federal Employees Health Benefits Program
(FEHBP), and the Department of Veterans Affairs, do not cover
non-prescription alternative treatments for menopause-related
symptoms because of a lack of demonstrated safety and efficacy
of these products.
(8) Most private health insurance coverage does not cover
non-prescription alternative treatments for menopause-related
symptoms because of a lack of demonstrated safety and efficacy
of these products.
SEC. 3. MEDICARE COVERAGE OF MENOPAUSAL HORMONE REPLACEMENT THERAPY AND
ALTERNATIVE TREATMENTS FOR MENOPAUSAL HORMONE REPLACEMENT
THERAPY.
(a) In General.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (EE);
(2) by adding ``and'' at the end of subparagraph (FF); and
(3) by adding at the end the following new subparagraph:
``(GG)(i) hormone replacement therapy for treatment of
menopausal symptoms; and
``(ii) an alternative therapy for hormone replacement
therapy for treatment of menopausal symptoms if the therapy is
recommended by a health care provider who is licensed,
accredited, or certified under State law, if it has been proven
safe and effective in peer-reviewed scientific studies, and if
it is administered only after the health care provider obtains
the informed consent of the patient to receive it;''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to therapies furnished on or after the date of the enactment of
this Act.
SEC. 4. MEDICAID COVERAGE OF ALTERNATIVE TREATMENTS FOR MENOPAUSAL
HORMONE REPLACEMENT THERAPY.
(a) Requirement for Coverage.--Section 1902(a)(10) of the Social
Security Act (42 U.S.C. 1396a(a)(10)) is amended--
(1) in subparagraph (A) in the matter before clause (i), by
striking ``and (28)'' and inserting ``, (28), and (29)''; and
(2) in subparagraph (C)(iv)--
(A) by striking ``and (17)'' and inserting ``,
(17), and (29)''; and
(B) by striking ``through (24)'' and inserting
``through (29)''.
(b) Description of Covered Therapies.--Section 1905(a) of such Act
(42 U.S.C. 1396d(a)) is amended--
(1) by striking ``and'' at the end of paragraph (28);
(2) by redesignating paragraph (29) as paragraph (30); and
(3) by inserting after paragraph (28) the following new
paragraph:
``(29) an alternative therapy for hormone replacement
therapy for treatment of menopausal symptoms if the therapy is
recommended by a health care provider who is licensed,
accredited, or certified under State law, if it has been proven
safe and effective in peer-reviewed scientific studies, and if
it is administered only after the health care provider obtains
the informed consent of the patient to receive it; and''.
(c) Effective Date.--The amendments made by this section apply to
therapies furnished 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.
SEC. 5. COVERAGE OF MENOPAUSAL HORMONE REPLACEMENT THERAPY AND
ALTERNATIVE TREATMENTS FOR MENOPAUSAL HORMONE REPLACEMENT
THERAPY UNDER GROUP HEALTH PLANS AND INDIVIDUAL HEALTH
INSURANCE COVERAGE.
(a) Public Health Service Act Amendments.--
(1) In general.--Title XXVII of the Public Health Service
Act is amended by inserting after section 2728 of such Act (42
U.S.C. 300gg-28), as redesignated by section 1001(2) of the
Patient Protection and Affordable Care Act (Public Law 111-
148), the following new section:
``SEC. 2729. STANDARD RELATING TO COVERAGE OF MENOPAUSAL HORMONE
REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR
MENOPAUSAL HORMONE REPLACEMENT THERAPY.
``(a) Requirements.--
``(1) Menopausal hormone replacement therapy.--If a group
health plan, or a health insurance issuer offering group or
individual health insurance coverage, provides benefits for
outpatient prescription drugs, the plan or coverage may not
exclude or restrict benefits for hormone replacement therapy
for treatment of menopausal symptoms.
``(2) Alternative treatments for menopausal hormone
replacement therapy.--If a group health plan, or a health
insurance issuer offering group or individual health insurance
coverage, provides benefits for hormone replacement therapy for
treatment of menopausal symptoms, the plan or coverage may not
exclude or restrict benefits for an alternative therapy for
hormone replacement therapy for treatment of menopausal
symptoms if--
``(A) the therapy is recommended by a health care
provider who is licensed, accredited, or certified
under State law;
``(B) it has been proven safe and effective in
peer-reviewed scientific studies; and
``(C) it is administered only after the health care
provider obtains the informed consent of the patient to
receive it.
``(b) Notice.--A group health plan under this part shall comply
with the notice requirement under section 716(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. A health
insurance issuer under this part shall comply with the notice
requirement under such section with respect to the requirements of this
section as if such section applied to such issuer and such issuer were
a group health plan.
``(c) Effective Date.--Notwithstanding any other provision of law,
this section shall apply with respect to plan years beginning on or
after the date of the enactment of the Menopausal Hormone Replacement
Therapies and Alternative Treatments and Fairness Act of 2011 and with
respect to health insurance coverage issued on or after such date.''.
(2) Conforming amendment.--Section 2724(c) of such Act (42
U.S.C. 300gg-23(c)), as redesignated by sections 1001(4) and
1563(c)(14)(B) of the Patient Protection and Affordable Care
Act (Public Law 111-148) is amended by striking ``section
2704'' and inserting ``sections 2704 and 2729''.
(3) Application rule.--For purposes of applying section
2729 of the Public Health Service Act, as inserted by paragraph
(1), to individual health insurance coverage before 2014, the
provisions of such section shall be treated as also included
under part B of title XXVII of the Public Health Service Act.
(b) ERISA Amendments.--
(1) In general.--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. 716. STANDARD RELATING TO COVERAGE OF MENOPAUSAL HORMONE
REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR
MENOPAUSAL HORMONE REPLACEMENT THERAPY.
``(a) Requirements.--
``(1) Menopausal hormone replacement therapy.--If a group
health plan, or a health insurance issuer offering group health
insurance coverage, provides benefits for outpatient
prescription drugs, the plan or coverage may not exclude or
restrict benefits for hormone replacement therapy for treatment
of menopausal symptoms.
``(2) Alternative treatments for menopausal hormone
replacement therapy.--If a group health plan, or a health
insurance issuer offering group health insurance coverage,
provides benefits for hormone replacement therapy for treatment
of menopausal symptoms, the plan or coverage may not exclude or
restrict benefits for an alternative therapy for hormone
replacement therapy for treatment of menopausal symptoms if--
``(A) the therapy is recommended by a health care
provider who is licensed, accredited, or certified
under State law;
``(B) it has been proven safe and effective in
peer-reviewed scientific studies; and
``(C) it is administered only after the health care
provider obtains the informed consent of the patient to
receive it.
``(b) 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 the last sentence of section
102(a), for purposes of assuring notice of such requirements under the
plan; except that the summary description required to be provided under
the fourth sentence of section 104(b)(1) with respect to such
modification shall be provided by not later than 60 days after the
first day of the first plan year in which such requirement applies.''.
(2) Conforming amendments.--
(A) Section 731(c) of such Act (29 U.S.C. 1191(c))
is amended by striking ``section 711'' and inserting
``sections 711 and 716''.
(B) Section 732(a) of such Act (29 U.S.C. 1191a(a))
is amended by striking ``section 711'' and inserting
``sections 711 and 716''.
(C) The table of contents in section 1 of such Act
is amended by inserting after the item relating to
section 714 the following new item:
``Sec. 716. Standard relating to coverage of menopausal hormone
replacement therapy and alternative
treatments for menopausal hormone
replacement therapy.''.
(c) Internal Revenue Code Amendments.--
(1) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following:
``SEC. 9816. STANDARD RELATING TO COVERAGE OF MENOPAUSAL HORMONE
REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR
MENOPAUSAL HORMONE REPLACEMENT THERAPY.
``(a) Menopausal Hormone Replacement Therapy.--If a group health
plan provides benefits for outpatient prescription drugs, the plan may
not exclude or restrict benefits for hormone replacement therapy for
treatment of menopausal symptoms.
``(b) Alternative Treatments for Menopausal Hormone Replacement
Therapy.--If a group health plan provides benefits for hormone
replacement therapy for treatment of menopausal symptoms, the plan may
not exclude or restrict benefits for an alternative therapy for hormone
replacement therapy for treatment of menopausal symptoms if--
``(1) the therapy is recommended by a health care provider
who is licensed, accredited, or certified under State law;
``(2) it has been proven safe and effective in peer-
reviewed scientific studies; and
``(3) it is administered only after the health care
provider obtains the informed consent of the patient to receive
it.''
(2) Conforming amendments.--
(A) Section 4980D(d)(1) of such Code is amended by
striking ``section 9811'' and inserting ``sections 9811
and 9816''.
(B) The table of sections for subchapter B of
chapter 100 of such Code is amended by adding at the
end the following new item:
``Sec. 9816. Standard relating to coverage of menopausal hormone
replacement therapy and alternative
treatments for menopausal hormone
replacement therapy.''.
(d) Coordination of Administration.--The Secretary of Labor, the
Secretary of the Treasury, and the Secretary of Health and Human
Services shall ensure, through the execution of an interagency
memorandum of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under the provisions
of this section (and the amendments made thereby) are
administered so as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement.
(e) Effective Date.--The amendments made by subsections (b) and (c)
shall apply with respect to group health plans for plan years beginning
on or after the date of the enactment of this Act.
SEC. 6. COVERAGE OF MENOPAUSAL HORMONE REPLACEMENT THERAPY AND
ALTERNATIVE TREATMENTS FOR MENOPAUSAL HORMONE REPLACEMENT
THERAPY UNDER FEHBP.
(a) In General.--Section 8902 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(p)(1) If a contract or plan provides benefits for outpatient
prescription drugs, the contract or plan may not exclude or restrict
benefits for hormone replacement therapy for treatment of menopausal
symptoms.
``(2) If a contract or plan provides benefits for hormone
replacement therapy for treatment of menopausal symptoms, the contract
or plan may not exclude or restrict benefits for an alternative therapy
for hormone replacement therapy for treatment of menopausal symptoms
if--
``(A) the therapy is recommended by a health care provider
who is licensed, accredited, or certified under State law;
``(B) it has been proven safe and effective in peer-
reviewed scientific studies; and
``(C) it is administered only after the health care
provider obtains the informed consent of the patient to receive
it.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to contracts made and plans approved on or after the date
of the enactment of this Act.
SEC. 7. COVERAGE OF ALTERNATIVE TREATMENTS FOR MENOPAUSAL HORMONE
REPLACEMENT THERAPY UNDER DEPARTMENT OF VETERANS AFFAIRS
HEALTH CARE SYSTEM.
(a) In General.--Section 1701(6) of title 38, United States Code,
is amended by adding at the end the following new subparagraph:
``(H) An alternative therapy for hormone
replacement therapy for treatment of menopausal
symptoms if the therapy is recommended by a health care
provider who is licensed, accredited, or certified
under State law, if the therapy has been proven safe
and effective in peer-reviewed scientific studies, and
if it is administered only after the health care
provider obtains the informed consent of the patient to
receive it.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to therapies furnished on or after the date of the enactment of
this Act. | Menopausal Hormone Replacement Therapies and Alternative Treatments and Fairness Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act (SSA) tocover hormone replacement therapy for menopausal symptoms and alternative treatments for such therapy. Amends SSA title XIX (Medicaid) to cover alternative treatments for hormone replacement therapy for menopausal symptoms.
Requires coverage of hormone replacement therapy for menopausal symptoms and alternative treatments for such therapy on the same basis as outpatient prescription drugs under: (1) the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) (group health plans and group and individual health insurance); (2) the Internal Revenue Code (group health plans); and (3) federal employee health benefit plans.
Includes alternative treatments for hormone replacement therapy for menopausal symptoms under veterans' benefits. | {"src": "billsum_train", "title": "To provide for coverage of hormone replacement therapy for treatment of menopausal symptoms, and for coverage of an alternative therapy for hormone replacement therapy for such symptoms, under the Medicare and Medicaid Programs, group health plans and individual health insurance coverage, and other Federal health insurance programs."} | 4,031 | 193 | 0.584293 | 1.683276 | 0.761289 | 3.178344 | 21.267516 | 0.923567 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accounts Receivable Insurance
Program Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Small manufacturers are hurt much more than their
larger competitors when delays in payments of accounts
receivable occur. These small firms hold millions of dollars in
outstanding receivables. Especially in an economic slowdown,
many larger firms delay payments to their downstream suppliers
causing disruptions in the domestic industrial supply chain,
creating a greater need to insure payment on terms.
(2) As the number and size of accounts receivables
outstanding increases, these businesses have fewer resources to
buy raw materials, hire workers, and access adequate lines of
credit. Small manufacturers and their creditors need additional
assurance that customers will pay their accounts on reasonable
terms.
(3) Failure of payment to downstream suppliers in a
reasonable amount of time has had a significant negative impact
on the cash flow of small suppliers. The moment a lender sees
that a supplier is involved in a financially troubled industry
such as the auto industry, they move the supplier into a high
risk category or will not extend credit. Government guaranteed
account receivables insurance would allow the middle-market
companies access to credit lines they need to continue day-to-
day operations.
SEC. 3. DEFINITIONS.
For the purpose of this Act the following definitions apply:
(1) Financial institution.--The term ``financial
institution'' means an establishment engaged in financial
transactions (transactions involving the creation, liquidation,
or change in ownership of financial assets) and/or in
facilitating financial transactions.
(2) Insurance institution.--The term ``insurance
institution'' means an establishment that is primarily engaged
in one of the following:
(A) Underwriting (assuming the risk, assigning
premiums, and so forth) annuities and insurance
policies.
(B) Facilitating such underwriting by selling
insurance policies, and by providing other insurance
and employee-benefit related services.
(3) Guarantee.--The term ``guarantee'' has the same meaning
as is given the term ``loan guarantee'' in section 502(3) of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(3)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 4. ACCOUNTS RECEIVABLE INSURANCE.
(a) Establishment of Program.--There is established within the
Department of the Treasury a government-backed private accounts
receivable insurance program to assist small manufacturers in the
underwriting and guarantee of payment on terms through the insurance of
their accounts receivable.
(b) Terms and Conditions.--
(1) Guarantee.--The Secretary shall, to the extent amounts
are made available under subsection (c), insure accounts
receivable underwritten by financial or insurance institutions
for small manufacturing businesses.
(2) Application.--
(A) A small manufacturing business shall submit an
application to a financial or insurance institution for
participation in the program established under this
section at such time, in such manner, and accompanied
by such information as the Secretary may require.
(B) A financial or insurance institution shall not
deny an application solely based on a small
manufacturing business's lack of short term positive
cash flow or solely on the nature of their customers'
industry classification.
(3) Default.--If a small manufacturing business defaults on
any portion of an obligation guaranteed under paragraph (1)--
(A) the financial or insurance institution shall
have the right to demand payment of the unpaid amount
from the Secretary in exchange for payment of a fee
equal to .5 percent of such amount; and
(B) within such period as the Secretary shall
specify, the Secretary shall pay to the financial or
insurance institution the remaining balance of the
obligation, unless the Secretary determines that such
small business or institution has not taken reasonable
steps to seek collection of such obligation in a
reasonably timely manner, which steps shall include--
(i) exhausting all efforts to enforce all
terms and penalties set forth in the underlying
contract;
(ii) making successive efforts by
registered mail or other similar method on a
regular schedule; and
(iii) pursuing legal action.
(4) Limitation.--A financial or insurance institution shall
not be eligible for a guarantee under paragraph (1) if such
institution insured the accounts receivable of a small
manufacturing business for less than 80 percent of the value of
such accounts receivable insured.
(c) Funding.--Funding as may be necessary, not to exceed
$500,000,000, for the cost of guarantees under this section shall be
available to the Secretary, without further appropriation or fiscal
year limitation, for the costs of such program. All funds received by
the Secretary in connection with purchases made pursuant to paragraph
(1), including interest payments, dividend payments, and proceeds from
the sale of any financial instrument, shall be paid into the general
fund of the Treasury for reduction of the public debt.
(d) Sunset.--The Secretary may not enter into any contracts or
agreements with financial institutions to make any guarantees under
this section after December 31, 2011, or on the date that is 1 year
after the date of the enactment of this Act, whichever is later.
(e) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall issue regulations to carry
out the purposes of this section. | Accounts Receivable Insurance Program Act - Establishes within the Treasury a government-backed private accounts receivable insurance program to assist small manufacturers in the underwriting and guarantee of payment through the insurance of their accounts receivable. Directs the Secretary of the Treasury to insure (guarantee) accounts receivable underwritten by financial or insurance institutions for small manufacturing businesses and, if a small manufacturing business defaults, to pay such an institution any remaining balance of an obligation of a small manufacturing business that is covered under the insurance. Prohibits a financial or insurance institution from being eligible for a guarantee under the program if the institution insured the accounts receivable of a small manufacturing business for less than 80% of their value.
Provides program funding. Prohibits the Secretary from entering into guarantees with institutions under the program after December 31, 2011, or one year after the enactment of this Act, whichever is later. | {"src": "billsum_train", "title": "To support and strengthen small businesses manufacturing in America, and for other purposes."} | 1,180 | 208 | 0.536242 | 1.499496 | 0.847509 | 4.048193 | 6.656627 | 0.939759 |
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Oak Park Medical
Center Property Acquisition''.
(b) Findings.--Congress finds the following:
(1) The Department of Commerce owns and operates about 205
acres of property located in Boulder, Colorado (Boulder Campus
of the Department). At this site are facilities and
laboratories where employees of the National Institute of
Standards and Technology (``NIST''), the National Oceanic and
Atmospheric Administration (``NOAA''), and the National
Telecommunications and Information Administration (``NTIA''),
conduct research.
(2) In reviewing its security procedures and facilities at
the site, the Department determined that--
(A) the main site entrance should be moved to a
more central location (Rayleigh Road and Broadway
intersection); and
(B) a perimeter security fence should be
constructed to enhance security.
(3) As a result of moving this site entrance and the
proposed perimeter fence, the Department will have to close the
current access road to the Boulder Campus.
(4) A parcel of land comprising about one acre, and
contiguous to the Boulder Campus on its northern boundary line,
is owned by Mr. Bruce Tenenbaum. Such parcel includes a 6,000
square foot medical facility, commonly known as ``Oak Park
Medical Center'' (referred to in this Act as the ``Center''),
at which a number of out-patient medical services are provided
and available to the public. Ingress and egress for the Center
is only available from the main entrance that is currently used
to access the Boulder Campus. As a result, the Department
through NIST entered into an easement agreement with Mr.
Tenenbaum to provide continued access for ingress and egress to
the Center.
(5) Upon the actual construction of the perimeter security
fence and the resulting relocation of the main access to the
Boulder Campus, NIST is obligated, pursuant to an access
easement with the owner of the Center, to provide alternative
and equivalent access in order to maintain ingress and egress
to the Center. Various alternatives have been explored to
provide such access.
(6) Given the costs associated with the access road
relocation alternatives, the security concerns regarding such
alternatives, and the safety of patients requiring access from
Broadway Avenue to the Center, NIST, the owner and the Center's
medical tenants have not reached agreement with respect to
alternative and equivalent access to the Center.
(7) Given the continued impasse, the most amenable course
of action would be for the Government to purchase the Center
and merge the real property comprising the Center into the
Boulder Campus.
(c) Purpose.--The purpose of this Act is to authorize and direct
the Department to purchase the Center contiguous to the Boulder Campus
and for other purposes.
SEC. 2. AUTHORIZATION TO PURCHASE.
(a) In General.--The Secretary of Commerce, on behalf of the United
States, is hereby authorized and directed to acquire the approximately
one acre of land and improvements thereon known as the Oak Park Medical
Center (Center) contiguous to the northeast boundary of the Department
of Commerce's Boulder campus in Boulder, Colorado, and shown on the map
entitled ``Oak Park Medical Center'' dated July, 2005.
(b) Appraisal.--To determine the fair market value of the land and
improvements identified in subsection (a) as of July 1, 2005, the
Secretary of Commerce shall use appraisals performed in accordance with
the Uniform Appraisal Standards for Federal Land Acquisitions (December
20, 2000) and the Uniform Standards of Professional Appraisal Practice.
(c) Sale Price, Timing and Condemnation.--
(1) Price.--The Secretary of Commerce is authorized to
negotiate with the owner of the Center as identified in
subsection (a) regarding the acquisition price following the
appraisal in subsection (b), except that the Secretary may not
acquire such property for more than the fair market value as
determined by the appraisal.
(2) Timing and condemnation.--If the Secretary of Commerce
and the owner of the Center fail to reach agreement on the sale
price within 3 years after the completion of the appraisal in
subsection (b), the Secretary of Commerce is authorized and
directed to initiate condemnation proceedings to acquire the
Center.
(d) Incorporation, Management, and Status of Acquired Lands and
Improvements.--Land and improvements acquired by the United States in
section (a) shall become part of the Department's administrative and
research activities at its Boulder Campus and the exterior boundary of
such campus is hereby modified, without further action by the
Secretary, as necessary to incorporate the non-Federal lands comprising
the Center identified in subsection (a). Upon its acquisition, lands or
interests in land acquired under the authority of this Act shall be
administered in accordance with the laws, rules and regulations
generally applicable to lands used by the Department of Commerce as
part of its Boulder Campus.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Department.--The term ``Department'' means the
Department of Commerce.
(2) NIST.--The term ``NIST'' means the National Institute
of Standards and Technology.
(3) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(4) NTIA.--The term ``NTIA'' means the National
Telecommunications Information Administration.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce. | Oak Park Medical Center Property Acquisition - Authorizes and directs the Secretary of Commerce to acquire the Oak Park Medical Center, which is contiguous to the northeast boundary of the Department of Commerce's Boulder research campus in Boulder, Colorado. | {"src": "billsum_train", "title": "To authorize and direct the Secretary of the Department of Commerce to acquire a professional services building and property adjacent to the Department of Commerce's Boulder research campus."} | 1,217 | 51 | 0.481446 | 1.352798 | 0.730535 | 4.023256 | 26.232558 | 0.953488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contra Costa Canal Transfer Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acquired land.--The term ``acquired land'' means land
in Federal ownership and land over which the Federal Government
holds an interest for the purpose of the construction and
operation of the Contra Costa Canal, including land under the
jurisdiction of--
(A) the Bureau of Reclamation;
(B) the Western Area Power Administration; and
(C) the Department of Defense in the case of the
Clayton Canal diversion traversing the Concord Naval
Weapons Station.
(2) Contra costa canal agreement.--The term ``Contra Costa
Canal Agreement'' means an agreement between the District and
the Bureau of Reclamation to determine the legal,
institutional, and financial terms surrounding the transfer of
the Contra Costa Canal, including but not limited to
compensation to the reclamation fund established by the first
section of the Act of June 17, 1902 (32 Stat. 388, chapter
1093), equal to the net present value of miscellaneous revenues
that the United States would otherwise derive over the 10 years
following enactment of this Act from the eligible lands and
facilities to be transferred, as governed by reclamation law
and policy and the contracts.
(3) Contra costa canal.--
(A) In general.--The term ``Contra Costa Canal''
means the Contra Costa Canal Unit of the Central Valley
Project, which exclusively serves the Contra Costa
Water District in an urban area of Contra Costa County,
California.
(B) Inclusions.--The term ``Contra Costa Canal''
includes pipelines, conduits, pumping plants,
aqueducts, laterals, water storage and regulatory
facilities, electric substations, related works and
improvements, and all interests in land associated with
the Contra Costa Canal Unit of the Central Valley
Project in existence on the date of enactment of this
Act.
(C) Exclusion.--The term ``Contra Costa Canal''
does not include the Rock Slough fish screen facility.
(4) Contracts.--The term ``contracts'' means the existing
water service contract between the District and the United
States, Contract No. 175r-3401A-LTR1 (2005), Contract No. 14-
06-200-6072A (1972, as amended), and any other contract or land
permit involving the United States, the District, and Contra
Costa Canal.
(5) District.--The term ``District'' means the Contra Costa
Water District, a political subdivision of the State of
California.
(6) Rock slough fish screen facility.--
(A) In general.--The term ``Rock Slough fish screen
facility'' means the fish screen facility at the Rock
Slough intake to the Contra Costa Canal.
(B) Inclusions.--The term ``Rock Slough fish screen
facility'' includes the screen structure, rake cleaning
system, and accessory structures integral to the screen
function of the Rock Slough fish screen facility, as
required under the Central Valley Project Improvement
Act (Public Law 102-575; 106 Stat. 4706).
(7) Rock slough fish screen facility title transfer
agreement.--The term ``Rock Slough fish screen facility title
transfer agreement'' means an agreement between the District
and the Bureau of Reclamation to--
(A) determine the legal, institutional, and
financial terms surrounding the transfer of the Rock
Slough fish screen facility; and
(B) ensure the continued safe and reliable
operations of the Rock Slough fish screen facility.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE OF LAND AND FACILITIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, in consideration for the District assuming from
the United States all liability for the administration, operation,
maintenance, and replacement of the Contra Costa Canal, consistent with
the terms and conditions set forth in the Contra Costa Canal Agreement
and subject to valid existing rights and existing recreation agreements
between the Bureau of Reclamation and the East Bay Regional Park
District for Contra Loma Regional Park and other local agencies within
the Contra Costa Canal, the Secretary shall offer to convey and assign
to the District--
(1) all right, title, and interest of the United States in
and to--
(A) the Contra Costa Canal; and
(B) the acquired land; and
(2) all interests reserved and developed as of the date of
enactment of this Act for the Contra Costa Canal in the
acquired land, including existing recreation agreements between
the Bureau of Reclamation and the East Bay Regional Park
District for Contra Loma Regional Park and other local agencies
within the Contra Costa Canal.
(b) Rock Slough Fish Screen Facility.--
(1) In general.--The Secretary shall convey and assign to
the District all right, title, and interest of the United
States in and to the Rock Slough fish screen facility pursuant
to the Rock Slough fish screen facility title transfer
agreement.
(2) Cooperation.--No later than 180 days after the
conveyance of the Contra Costa Canal, the Secretary and the
District shall enter into good faith negotiations to accomplish
the conveyance and assignment under paragraph (1).
(c) Payment of Costs.--The District shall pay to the Secretary any
administrative and real estate transfer costs incurred by the Secretary
in carrying out the conveyances and assignments under subsections (a)
and (b), including the cost of any boundary survey, title search,
cadastral survey, appraisal, and other real estate transaction required
for the conveyances and assignments.
(d) Compliance With Environmental Laws.--
(1) In general.--Before carrying out the conveyances and
assignments under subsections (a) and (b), the Secretary shall
comply with all applicable requirements under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) any other law applicable to the Contra Costa
Canal or the acquired land.
(2) Effect.--Nothing in this Act modifies or alters any
obligations under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 4. RELATIONSHIP TO EXISTING CENTRAL VALLEY PROJECT CONTRACTS.
(a) In General.--Nothing in this Act affects--
(1) the application of the reclamation laws to water
delivered to the District pursuant to any contract with the
Secretary; or
(2) subject to subsection (b), the contracts.
(b) Amendments to Contracts.--The Secretary and the District may
modify the contracts as necessary to comply with this Act.
(c) Liability.--
(1) In general.--Except as provided in paragraph (2), the
United States shall not be liable for damages arising out of
any act, omission, or occurrence relating to the Contra Costa
Canal or the acquired land.
(2) Exception.--The United States shall continue to be
liable for damages caused by acts of negligence committed by
the United States or by any employee or agent of the United
States before the date of the conveyance and assignment under
section 3(a), consistent with chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort Claims
Act'').
(3) Limitation.--Nothing in this Act increases the
liability of the United States beyond the liability provided
under chapter 171 of title 28, United States Code.
SEC. 5. REPORT.
If the conveyance and assignment authorized by section 3(a) is not
completed by the date that is 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress a report that--
(1) describes the status of the conveyance and assignment;
(2) describes any obstacles to completing the conveyance
and assignment; and
(3) specifies an anticipated date for completion of the
conveyance and assignment. | Contra Costa Canal Transfer Act (Sec. 3) This bill directs the Department of the Interior, in consideration for the Contra Costa Water District, California, assuming all liability for the Contra Costa Canal, to offer to convey to the district all U.S. interest in the canal and associated land. Interior shall convey to the district all U.S. interest in the Rock Slough fish screen facility pursuant to an agreement that ensures the continued safe and reliable operations of the facility. (Sec. 4) The United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the canal or the acquired land, with an exception for acts of negligence. (Sec. 5) Interior shall report to Congress on the status of, any obstacles to completing, and an anticipated date of completion of, the conveyance and assignment. | {"src": "billsum_train", "title": "Contra Costa Canal Transfer Act"} | 1,813 | 188 | 0.567801 | 1.798531 | 0.71782 | 3.719512 | 10.018293 | 0.95122 |
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