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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare Parity
Act of 2014''.
SEC. 2. DETERMINATION OF VALID MARRIAGE UNDER THE SOCIAL SECURITY ACT.
(a) In General.--Section 216(h)(1)(A)(i) of the Social Security Act
(42 U.S.C. 416(h)(1)(A)(i)) is amended by striking ``is domiciled'' and
all that follows through ``the District of Columbia,'' and inserting
``and such applicant were married (or, if such insured individual and
such applicant were not married in any State but were validly married
in another jurisdiction, the courts of any State)''.
(b) Effective Date.--The amendments made by this section shall
apply to all final determinations of family status made after June 26,
2013.
SEC. 3. ALTERNATIVE METHOD OF MEETING NINE-MONTH REQUIREMENT FOR
WIDOWS, STEPCHILDREN, OR WIDOWERS IN CERTAIN CASES.
Section 216(k) of the Social Security Act (42 U.S.C. 416(k)) is
amended--
(1) in the section heading, by striking ``in Case of
Accidental Death or in Case of Serviceman Dying in Line of
Duty, or in Case of Remarriage to the Same Individual'' and
inserting ``in certain cases'';
(2) in paragraph (1), by striking ``or'' at the end;
(3) in paragraph (2)(B), by adding ``or'' at the end; and
(4) by inserting after paragraph (2) the following:
``(3)(A) in the case of a widow or widower of such
individual whose marriage to such individual would not have
been treated as a marriage for purposes of Federal law prior to
June 26, 2013, such widow or widower--
``(i) became the wife or husband of such individual
(or was deemed to be the wife or husband of such
individual under subsection (h)(1)(A)(ii))--
``(I) if such widow or widower is domiciled
in a State that recognized same-sex marriages,
civil unions, or registered domestic
partnerships as of June 26, 2013, before March
26, 2014; and
``(II) if such widow or widower is
domiciled in any other State--
``(aa) before March 26, 2014; or
``(bb) if applicable, during the 9-
month period beginning with the 1st
date on which such State recognized
same-sex marriages, civil unions, or
registered domestic partnerships; and
``(ii) provides a sworn affidavit that the widow or
widower was married to, or in a domestic partnership
with, such individual throughout the 9-month period
ending on the date of the individual's death; or
``(B) the stepchild of such individual--
``(i) became the stepchild of such individual as a
result of a parent of the stepchild becoming the wife
or husband of such individual (or being deemed to be
the wife or husband of such individual under subsection
(h)(1)(A)(ii))--
``(I) if such parent is domiciled in a
State that recognized same-sex marriages, civil
unions, or registered domestic partnerships as
of June 26, 2013, before March 26, 2014; and
``(II) if such parent is domiciled in any
other State--
``(aa) before March 26, 2014; or
``(bb) if applicable, during the 9-
month period beginning with the 1st
date on which such State recognized
same-sex marriages, civil unions, or
registered domestic partnerships; and
``(ii) provides a sworn affidavit that such parent
was married to, or in a domestic partnership with, such
individual throughout the 9-month period ending on the
date of the individual's death;''.
SEC. 4. ALTERNATIVE METHOD OF MEETING 1-YEAR REQUIREMENT FOR WIVES,
STEPCHILDREN, OR HUSBANDS IN CERTAIN CASES.
The requirement in section 216(b)(2) of the Social Security Act (42
U.S.C. 416) and the requirement in section 216(f)(2) of such Act that
the spouse of an individual shall have been married to such individual
for a period of not less than 1 year immediately preceding the day on
which the spouse's application for wife's or husband's insurance
benefits is filed in order to qualify as such individual's wife or
husband, and the requirement in section 216(e)(2) of such Act that the
stepchild of an individual shall have been such stepchild for not less
than 1 year immediately preceding the day on which application for
child's insurance benefits is filed in order to qualify as such
individual's child, shall be deemed to be satisfied, where such
application is filed within the applicable 1-year period, if--
(1) in the case of a wife or husband of such individual
whose marriage to such individual would not have been treated
as a marriage for purposes of Federal law prior to June 26,
2013, such wife or husband--
(A) became the wife or husband of such individual
(or was deemed to be the wife or husband of such
individual under subsection (h)(1)(A)(ii) of such
Act)--
(i) if such wife or husband is domiciled in
a State that recognized same-sex marriages,
civil unions, or registered domestic
partnerships as of June 26, 2013, before June
26, 2014; and
(ii) if such wife or husband is domiciled
in any other State--
(I) before June 26, 2014; or
(II) if applicable, during the 1-
year period beginning with the 1st date
on which such State recognized same-sex
marriages, civil unions, or registered
domestic partnerships; and
(B) provides a sworn affidavit that the wife or
husband was married to, or in a domestic partnership
with, such individual throughout the 1-year period
ending on the date of the application for wife's or
husband's insurance benefits; or
(2) the stepchild of such individual--
(A) became the stepchild of such individual as a
result of a parent of the stepchild becoming the wife
or husband of such individual (or being deemed to be
the wife or husband of such individual under subsection
(h)(1)(A)(ii) of such Act)--
(i) if such parent is domiciled in a State
that recognized same-sex marriages, civil
unions, or registered domestic partnerships as
of June 26, 2013, before June 26, 2014; and
(ii) if such parent is domiciled in any
other State--
(I) before June 26, 2014; or
(II) if applicable, during the 1-
year period beginning with the 1st date
on which such State recognized same-sex
marriages, civil unions, or registered
domestic partnerships; and
(B) provides a sworn affidavit that such parent was
married to, or in a domestic partnership with, such
individual throughout the 1-year period ending on the
date of the application for child's insurance benefits.
SEC. 5. NOTIFICATION OF CHANGES IN LAW; OUTREACH CAMPAIGN.
(a) In General.--As soon as practicable after the date of the
enactment of this Act but not later than December 31, 2014, the
Commissioner of Social Security shall conduct a comprehensive and
effective 3-year outreach campaign to encourage individuals newly
eligible for benefits under title II of the Social Security Act as a
result of changes in law relating to same-sex marriage and occurring on
or after June 26, 2013, including this Act and the amendments made
thereby, to apply for such benefits. Such outreach campaign shall
include direct notification regarding such changes in law to current
beneficiaries and to individuals approaching retirement.
(b) Report to Congress.--Not later than December 31 of each of the
1st 3 calendar years beginning with 2015, the Commissioner of Social
Security shall submit to the Committee on Ways and Means of the House
of Representatives, the Committee on Finance of the Senate, and the
Committees on Appropriations of the House of Representatives and the
Senate a report that includes--
(1) a description of the educational and outreach
activities conducted by the Commissioner of Social Security
under subsection (a) during the preceding year;
(2) the number of applications for benefits under title II
of the Social Security Act filed as a result of changes in law
relating to same-sex marriage and occurring on or after June
26, 2013, including this Act and the amendments made thereby,
in the preceding year; and
(3) the number of such applications which resulted in
entitlement to benefits. | Social Security and Medicare Parity Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to the determination of a valid marriage to account for marriages in jurisdictions other than a state. Authorizes the courts of any state to find that an OASDI benefit applicant and an insured individual were validly married in a jurisdiction other than a state at the time the applicant files a benefit application or, if the insured individual is dead, at the time the individual died. Waives the nine-month marriage requirement to make eligible for widow or widower benefits certain widows or widowers whose marriage to a deceased individual would not have been treated as a marriage for federal law purposes before June 26, 2013. Waives the same requirement for anyone who became a stepchild of the deceased individual as a result of such a marriage. Waives the one-year marriage requirement to make eligible for husband's or wife's OASDI benefits certain husbands and wives whose marriage to an individual would not have been treated as a marriage for federal law purposes before June 26, 2013. Waives the same requirement for anyone who became a stepchild of the individual as a result of such a marriage. Directs the Commissioner of Social Security to conduct a comprehensive and effective three-year outreach campaign to encourage benefit applications by individuals newly eligible for OASDI benefits as a result of changes in law relating to same-sex marriage and occurring on or after June 26, 2013. | {"src": "billsum_train", "title": "Social Security and Medicare Parity Act of 2014"} | 1,974 | 336 | 0.645111 | 2.118024 | 0.769443 | 2.767606 | 6.18662 | 0.866197 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Refinement Amendments of
2000''.
SEC. 2. ELIMINATION OF 15 PERCENT REDUCTION IN PAYMENT RATES UNDER THE
MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH
SERVICES.
(a) In General.--Section 1895(b)(3)(A) of the Social Security Act
(42 U.S.C. 1395fff(b)(3)(A)), as amended by sections 302(b) and 303(f)
of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of
1999 (113 Stat. 1501A-359, 361), as enacted into law by section
1000(a)(6) of Public Law 106-113, is amended to read as follows:
``(A) Initial basis.--Under such system the
Secretary shall provide for computation of a standard
prospective payment amount (or amounts). Such amount
(or amounts) shall initially be based on the most
current audited cost report data available to the
Secretary and shall be computed in a manner so that the
total amounts payable under the system for the 12-month
period beginning on the date the Secretary implements
the system shall be equal to the total amount that
would have been made if the system had not been in
effect and if section 1861(v)(1)(L)(ix) had not been
enacted. Each such amount shall be standardized in a
manner that eliminates the effect of variations in
relative case mix and area wage adjustments among
different home health agencies in a budget neutral
manner consistent with the case mix and wage level
adjustments provided under paragraph (4)(A). Under the
system, the Secretary may recognize regional
differences or differences based upon whether or not
the services or agency are in an urbanized area.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act of 1999 (Public Law 106-113).
SEC. 3. ADDITIONAL PAYMENTS FOR OUTLIERS.
(a) In General.--Section 1895(b)(5) of the Social Security Act (42
U.S.C. 1395fff(b)(5)) is amended--
(1) by striking ``Outliers.--The Secretary'' and inserting
the following (and conforming the indentation of the succeeding
matter accordingly): ``Outliers.--
``(A) In general.--The Secretary''; and
(2) by adding at the end the following new subparagraph:
``(B) Temporary additional payments for outliers.--
For the purposes described in the first sentence of
subparagraph (A), there are authorized to be
appropriated from the trust funds (as defined in
section 1896(a)(8)) in appropriate part, as determined
by the Secretary, for each of fiscal years 2001 through
2005 an amount equal to $500,000,000. Such amounts
shall be in addition to amounts available for payment
under this section and shall not result in an reduction
of the standard prospective payment amount (or
amounts). In making payments under this subparagraph,
the Secretary shall use a loss-sharing ratio of 90
percent.''.
(b) Conforming Amendment.--Section 1895(b)(3)(C) of such Act (42
U.S.C. 1395fff(b)(3)(C)) is amended by striking ``paragraph (5)'' and
inserting ``paragraph (5)(A)''.
SEC. 4. ADDITIONAL PAYMENTS UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR
SERVICES FURNISHED IN RURAL AREAS AND SECURITY SERVICES.
(a) Increase in Payment Rates for Rural Agencies.--Section 1895(b)
of the Social Security Act (42 U.S.C. 1395fff(b)) is amended by adding
at the end the following new paragraph:
``(7) Additional payment amount for services furnished in
rural areas.--In the case of home health services furnished in
a rural area (as defined in section 1886(d)(2)(D)),
notwithstanding any other provision of this subsection, the
amount of payment for such services is equal to 110 percent of
the payment amount otherwise made under this section (but for
this paragraph) for services furnished in a rural area.''.
(b) Additional Payment for Security Services.--Section 1895(b) of
such Act (42 U.S.C. 1395fff(b)(3)), as amended by subsection (a), is
further amended by adding at the end the following paragraph:
``(8) Additional payment for security services.--The
Secretary shall provide for an addition or adjustment to the
payment amount otherwise made under this section for the
reasonable cost (as defined in section 1861(v)(1)(A)) of
furnishing protective services to individuals furnishing home
health services under this title in areas where such
individuals are at risk of physical harm, as determined by the
Secretary.''.
(c) Inapplicability of Adjustments for Budget Neutrality.--Section
1895(b)(3) of such Act (42 U.S.C. 1395fff(b)(3)) is amended by adding
at the end the following new subparagraph:
``(D) No adjustment for additional payments for
rural services and security services.--The Secretary
shall not reduce the standard prospective payment
amount (or amounts) under this paragraph applicable to
home health services furnished during a period to
offset the increase in payments resulting from the
application of paragraph (7) (relating to services
furnished in rural areas) and paragraph (8) (relating
to costs of security services).''.
(d) Effective Date.--The amendments made by this section apply with
respect to items and services furnished on or after October 1, 2000.
SEC. 5. EXCLUSION OF NONROUTINE MEDICAL SUPPLIES UNDER THE PPS FOR HOME
HEALTH SERVICES.
(a) In General.--Section 1895 of the Social Security Act (42 U.S.C.
1395fff) is amended by adding at the end the following new subsection:
``(e) Exclusion of Nonroutine Medical Supplies.--
``(1) In general.--Notwithstanding the preceding provisions
of this section, in the case of all nonroutine medical supplies
(as defined by the Secretary) furnished by a home health agency
during a year (beginning with 2001) for which payment is
otherwise made on the basis of the prospective payment amount
under this section, payment under this section shall instead be
based on the lesser of--
``(A) the actual charge for the nonroutine medical
supply, or
``(B) the amount determined for such supply under
the applicable fee schedule under part B.
``(2) Budget neutrality adjustment.--The Secretary shall
provide for an appropriate proportional reduction in payments
under this section so that beginning with fiscal year 2001, the
aggregate amount of such reductions is equal to the aggregate
increase in payments (as estimated by the Secretary)
attributable to the exclusion effected under paragraph (1).''.
(b) Conforming Amendments.--(1) Section 1895(b)(1) of the Social
Security Act (42 U.S.C. 1395fff(b)(1)) is amended by striking ``The
Secretary'' and inserting ``Subject to subsection (e), the Secretary''.
(2) Sections 1842(b)(6)(F) and 1862(a)(21) of the Social Security
Act (42 U.S.C. 1395u(b)(6)(F); 1395y(a)(21)) are each amended by
striking ``(including medical supplies described in section 1861(m)(5),
but excluding durable medical equipment to the extent provided for in
such section)'' and inserting ``(other than medical supplies and
durable medical equipment described in section 1861(m)(5))''.
(c) Effective Date.--The amendments made by this section apply with
respect to items and services furnished on or after October 1, 2000.
SEC. 6. RULE OF CONSTRUCTION RELATING TO TELEHOMEHEALTH SERVICES.
(a) In General.--Section 1895(b) of such Act (42 U.S.C.
1395fff(b)(3)), as amended by section 3, is further amended by adding
at the end the following paragraph:
``(9) Rule of construction relating to telehomehealth
services.--
``(A) In general.--Nothing in this section, or in
section 4206(a) of the Balanced Budget Act of 1997 (42
U.S.C. 1395l note), shall be construed as preventing a
home health agency receiving payment under this section
from furnishing a home health service via a
telecommunications system. Each home health agency that
submits a cost report to the Secretary under this
section shall include, in such cost report, data with
respect to the costs incurred in furnishing home health
services to medicare beneficiaries via such
telecommunications systems.
``(B) Limitation.--The Secretary shall not consider
a home health service provided in the manner described
in subparagraph (A) to be a home health visit for
purposes of--
``(i) determining the amount of payment to
be made under this section; or
``(ii) any requirement relating to the
certification of a physician required under
section 1814(a)(2)(C).''.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
submit to Congress a report containing the recommendations of the
Secretary with respect to the feasibility and advisability of including
home health services furnished by telecommunications systems as a home
health service for purposes of--
(1) payment for such services under section 1895 of the
Social Security Act (42 U.S.C. 1395fff), and
(2) requirements with respect to physician certification of
the need for home health services under section 1814(a)(2)(C)
of such Act (42 U.S.C. 1395f(a)(2)(C)). | Directs the Secretary of Health and Human Services to report to Congress on the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service. | {"src": "billsum_train", "title": "Home Health Refinement Amendments of 2000"} | 2,327 | 42 | 0.420705 | 1.003084 | -0.121386 | 5.90625 | 57.8125 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Black-Market Elimination
Act''.
TITLE I--SANCTIONS FOR NUCLEAR ENRICHMENT AND REPROCESSING TRANSFERS BY
FOREIGN PERSONS
SEC. 101. AUTHORITY TO IMPOSE SANCTIONS.
Notwithstanding any other provision of law, the President is
authorized to prohibit, for a period of not less than three years, any
transaction or dealing by a United States person or within the United
States with any foreign person or entity that the President determines
sells, transfers, brokers, finances, assists, delivers or otherwise
provides or receives, on or after the date of the enactment of this
Act--
(1) nuclear enrichment or reprocessing equipment,
materials, or technology to--
(A) any country for which an additional protocol
with the International Atomic Energy Agency for the
application of safeguards (as derived from IAEA
document INFCIRC/540 and related corrections and
additions) is not in force; or
(B) to any country that the President determines is
developing, constructing, manufacturing, or acquiring a
nuclear explosive device; or
(2) designs, equipment, or specific information to assist
in the development, construction, manufacture, or acquisition
of a nuclear explosive device by a non-nuclear weapon state.
SEC. 102. PRESIDENTIAL DETERMINATION.
(a) Determination.--If the President receives credible information
or evidence regarding any activity described in section 101(a) by a
foreign person or entity, the President shall promptly make a
determination as to whether, in his judgment, such activity occurred.
(b) Report.--If the President makes an affirmative determination
under subsection (a), the President shall, within 5 days after making
the determination, report the fact and substance of the determination
to the appropriate congressional committees.
(c) Publication of Determination.--If the President makes an
affirmative determination under subsection (a), the President shall
publish in the Federal Register, not later than 15 days after reporting
such determination to the Committees under subsection (b), the identity
of each foreign person or entity that is subject to that determination
and on whom sanctions have been imposed under section 101(a), the
reasons for the sanctions, and period during which the sanctions will
be in effect.
SEC. 103. ADDITIONAL REPORTS.
(a) Possible Activity.--The President shall submit to the
appropriate congressional committees, not later than January 30th of
each year, a report containing all credible information regarding the
activities described in section 101(a), regardless of whether the
President determines that such activities did in his judgment occur.
(b) Transactions by Foreign Persons.--The President shall submit to
the appropriate congressional committees, not later than June 30th of
each year, a report that identifies any foreign person or entity that
engages in transactions or dealings with foreign persons or entities on
whom sanctions are in effect under section 101(a) that--
(1) would be prohibited transactions or dealings subject to
sanctions under section 101(a) if those transactions or
dealings had been conducted by United States persons or within
the United States; and
(2) could make material contributions to a nuclear
enrichment, reprocessing, or nuclear weapon development
program.
The report under this subsection shall be unclassified to the maximum
extent feasible, but may also include a classified annex.
TITLE II--INCENTIVES FOR PROLIFERATION INTERDICTION COOPERATION
SEC. 201. AUTHORITY TO PROVIDE ASSISTANCE.
Notwithstanding any other provision of law, the President is
authorized to provide, on such terms as he deems appropriate,
assistance under section 202 to any country that cooperates with the
United States and with other countries allied with the United States to
prevent the transport and transshipment of items of proliferation
concern in its national territory or airspace or in vessels under its
control or registry.
SEC. 202. TYPES OF ASSISTANCE.
The assistance authorized under section 201 is the following:
(1) Assistance under section 23 of the Arms Export Control
Act (22 U.S.C. 2763).
(2) Assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961, notwithstanding section 531(e) or
660(a) of that Act.
(3) Drawdown of defense equipment and services under
section 516 of the Foreign Assistance Act of 1961.
SEC. 203. CONGRESSIONAL NOTIFICATION.
Assistance authorized under this title may not be provided until at
least 30 days after the date on which the President has provided notice
thereof to the appropriate congressional committees, in accordance with
the procedures applicable to reprogramming notifications under section
634A(a) of the Foreign Assistance Act of 1961.
SEC. 204. LIMITATION.
Assistance may be provided to a country under section 201 in no
more than 3 fiscal years.
SEC. 205. USE OF ASSISTANCE.
To the extent practicable, assistance provided under this title
shall be used to enhance the capability of the recipient country to
prevent the transport and transshipment of items of proliferation
concern in its national territory or airspace, or in vessels under its
control or registry, including through the development of a legal
framework in that country to enhance such capability.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
(a) Appropriations.--There is authorized to be appropriated
$250,000,000 to carry out this title.
(b) Availability.--Amounts appropriated pursuant to subsection (a)
are authorized to remain available until expended.
SEC. 207. LIMITATION ON SHIP TRANSFERS.
Notwithstanding any other provision of law, the United States may
not transfer any excess defense article that is a vessel to a country
that has not provided written assurances to the United States that it
will support and assist efforts by the United States to interdict items
of proliferation concern.
SEC. 208. LIMITATION ON AIRCRAFT TRANSFERS.
Notwithstanding any other provision of law, the United States may
not transfer any excess defense article that is an aircraft to any
country that has not provided written assurances to the United States
that it will support and assist efforts by the United States to
interdict items of proliferation concern.
TITLE III--ROLLBACK OF KHAN NUCLEAR PROLIFERATION NETWORK
SEC. 301. COOPERATION OF PAKISTAN.
(a) Limitation.--Notwithstanding any other provision of law, the
President may not provide, in any fiscal year, more than 75 percent of
United States assistance to Pakistan unless the President determines
and certifies to the appropriate congressional committees that
Pakistan--
(1) has verifiably halted any cooperation with any state in
the development of nuclear or missile technology, material, or
equipment, or any other technology, material, or equipment that
is useful for the development of weapons of mass destruction,
including exports of such technology, material, or equipment;
and
(2) is fully sharing with the United States all information
relevant to the A.Q. Khan proliferation network, and has
provided full access to A.Q. Khan and his associates and any
documentation, declarations, affidavits, or other material that
bears upon their proliferation network activities and contacts.
(b) Waiver.--
(1) Authority.--The President may waive the requirements of
subsection (a) in a fiscal year if--
(A) the President has certified to the appropriate
congressional committees that--
(i) the waiver is in the vital interest of
the national security of the United States;
(ii) the waiver will promote Pakistan's
cooperation in achieving the conditions set
forth in paragraphs (1) and (2) of subsection
(a); and
(iii) Pakistan's lack of cooperation is not
significantly hindering efforts of the United
States to investigate and eliminate the Khan
proliferation network and any successor
networks; and
(B) 30 days have elapsed since making the
certification under subparagraph (A).
(2) Briefing.--Within 5 days after making a certification
under paragraph (1), the Secretary of State shall brief the
appropriate congressional committees on the degree to which
Pakistan has or has not satisfied the conditions set forth in
paragraphs (1) and (2) of subsection (a)(1).
(3) Limitation.--The waiver authority under paragraph (1)
may not be exercised in two successive fiscal years.
SEC. 302. IDENTIFICATION OF PROLIFERATION NETWORK HOST COUNTRIES.
(a) Report.--Not later than 30 days after the date of the enactment
of this Act, the President shall submit a report to the appropriate
congressional committees that identifies any country in which
manufacturing, brokering, shipment, transshipment, or other significant
activity occurs that is related to the transactions carried out by the
various elements and entities of the A.Q. Khan nuclear proliferation
network.
(b) Additional Information.--After the report is submitted under
subsection (a), the President shall submit to the appropriate
congressional committees any additional information described in
subsection (a) with respect to any country, as such information becomes
available.
SEC. 303. SUSPENSION OF ARMS SALES LICENSES AND DELIVERIES TO
PROLIFERATION NETWORK HOST COUNTRIES.
(a) Suspension.--Upon submission of the report and any additional
information under section 302 to the appropriate congressional
committees, the President shall suspend all licenses issued under the
Arms Export Control Act, and shall prohibit any licenses to be issued
under that Act, to any country identified in the report or additional
information, until such time as the President certifies to the
appropriate congressional committees that such country--
(1) has--
(A) fully investigated the activities of any person
or entity within its territory that has participated in
the Khan nuclear proliferation network; and
(B) taken effective steps to permanently halt all
such activities;
(2) is fully cooperating with the United States in
investigating and eliminating the Khan nuclear proliferation
network and any successor networks operating within its
territory; and
(3) has enacted new laws, promulgated decrees or
regulations, or established practices designed to prevent
future such activities from occurring within its territory.
(b) Waiver.--The President may waive the requirements of subsection
(a) in a fiscal year if--
(1) the President has certified to the appropriate
congressional committees that the waiver is in the vital
interest of the national security of the United States; and
(2) 5 days have elapsed since making the certification
under paragraph (1).
TITLE IV--GENERAL PROVISIONS
SEC. 401. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Excess defense article.--The term ``excess defense
article'' has the meaning given that term in section 644(g) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)).
(3) Foreign person.--The term ``foreign person'' means a
person other than a United States person.
(4) Items of proliferation concern.--The term ``items of
proliferation concern'' means any equipment, materials, or
technology that could materially support the research,
development, manufacturing, or acquisition by any means of a
nuclear explosive device, a chemical or biological weapon, or
missile with a payload of 500 kilograms or greater and with a
range of 300 kilometers or greater.
(5) Non-nuclear weapon state.--The term ``non-nuclear
weapon state'' means any state other than the United States,
the United Kingdom, France, the Russian Federation, or the
People's Republic of China.
(6) Person.--The term ``person''--
(A) means a natural person as well as a
corporation, business association, partnership,
society, trust, any other nongovernmental entity,
organization, or group, and any governmental entity, or
subsidiary, subunit, or parent entity thereof, and any
successor of any such entity; and
(B) in the case of a country where it may be
impossible to identify a specific governmental entity
referred to in subparagraph (A), means all activities
of that government relating to the development or
production of any nuclear equipment or technology.
(7) United states assistance.--The term ``United States
assistance'' means assistance under the foreign operations,
export financing, and related programs appropriations Act for a
fiscal year, and assistance under the Foreign Assistance Act of
1961.
(8) United states person.--The term ``United States
person'' has the meaning given that term in section 14 of the
Iran and Libya Sanctions Act of 1996 (22 U.S.C. 1701 note). | Nuclear Black-Market Elimination Act - Authorizes the President to prohibit, for at least three years, any transaction or dealing by a U.S. person or within the United States with any foreign person or entity that the President determines sells, transfers, brokers, finances, assists, delivers or otherwise provides or receives, on or after the date of the enactment of this Act: (1) nuclear enrichment or reprocessing equipment, materials, or technology to any country for which an additional protocol with the International Atomic Energy Agency for the application of safeguards is not in force, or to any country that the President determines is developing, constructing, manufacturing, or acquiring a nuclear explosive device; or (2) designs, equipment, or specific information to assist in the development, construction, manufacture, or acquisition of a nuclear explosive device by a non-nuclear weapon state.
Authorizes the President to provide assistance for up to three years under the Arms Control Act and the Foreign Assistance Act of 1961, as well as a drawdown of defense equipment and services under the latter Act, to any country that cooperates with the United States and U.S. allies to prevent the transport and transshipment of items of proliferation concern in its national territory or airspace or in vessels under its control or registry.
Prohibits the United States from transferring any excess defense article that is a vessel or aircraft to a country that has not provided written assurances that it will support and assist U.S. efforts to interdict items of proliferation concern.
Prohibits the President from providing, in any fiscal year, more than 75 percent of U.S. assistance to Pakistan unless Pakistan meets certain requirements, including fully sharing with the United States all information relevant to the A.Q. Khan proliferation network, and providing full access to A.Q. Khan, his associates, and any material that bears upon their activities and contacts. Provides for a national security waiver of such requirements, but prohibits its exercise in two successive fiscal years.
Requires the President to: (1) identify proliferation network host countries to appropriate congressional committees; and (2) suspend all arms sales licenses to such countries. | {"src": "billsum_train", "title": "To impose sanctions on foreign entities that engage in certain nuclear proliferation activities, and for other purposes."} | 2,855 | 468 | 0.630748 | 2.03457 | 0.817635 | 6.30273 | 6.260546 | 0.952854 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enewetak Atoll Cleanup Veterans
Registry and Study Act of 2016''.
SEC. 2. ENEWETAK ATOLL CLEANUP REGISTRY.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
establish and maintain a registry to be known as the ``Enewetak Atoll
Veterans Health Registry'' (in this section referred to as the
``Registry'').
(b) Contents.--Except as provided in subsection (c), the Registry
shall include the following information:
(1) A list containing the name of each individual who--
(A) while serving as a member of the Armed Forces,
performed a radiation cleanup mission in the Enewetak
Atoll in the Marshall Islands at any time during the
period beginning on January 1, 1977, and ending on
December 31, 1980; and
(B)(i) applies for care or services from the
Department of Veterans Affairs under chapter 17 of
title 38, United States Code;
(ii) files a claim for compensation under chapter
11 of such title on the basis of any disability that
may be associated with such service;
(iii) dies and is survived by a spouse, child, or
parent who files a claim for dependency and indemnity
compensation under chapter 13 of such title on the
basis of such service;
(iv) requests from the Secretary a health
examination under subsection (d)(1); or
(v)(I) receives from the Secretary a health
examination similar to the health examination under
subsection (d)(1); and
(II) submits to the Secretary a request to be
included in the Registry.
(2) Relevant medical data relating to the health status of,
and other information that the Secretary considers relevant and
appropriate with respect to, each individual described in
paragraph (1) who--
(A) grants to the Secretary permission to include
such information in the Registry; or
(B) at the time the name of the individual is added
to the Registry, is deceased.
(c) Individuals Submitting Claims or Making Requests Before Date of
Enactment.--If an application, claim, or request referred to in
paragraph (1) of subsection (b) was submitted, filed, or made with
respect to an individual described in that paragraph before the date of
the enactment of this Act, the Secretary shall, to the extent feasible,
include in the Registry the information described in that subsection
relating to that individual.
(d) Examinations.--
(1) In general.--Upon the request of an individual
described in subsection (b)(1)(A), the Secretary shall provide
the individual with--
(A) a health examination (including any appropriate
diagnostic tests); and
(B) consultation and counseling with respect to the
results of the examination and tests.
(2) Consultation and counseling to family members.--In the
case of an individual described in subsection (b)(1)(A) who is
deceased, upon the request of a spouse, child, or parent of
that individual, the Secretary shall provide that spouse,
child, or parent with consultation and counseling with respect
to the results of the examination and tests under paragraph
(1)(A) or the results of an examination similar to that
examination with respect to that individual.
(e) Outreach.--
(1) Ongoing outreach to individuals listed in the
registry.--The Secretary shall, from time to time, notify
individuals listed in the Registry of significant developments
in research on the health consequences of potential exposure to
radiation related to service at Enewetak Atoll during the
period beginning on January 1, 1977, and ending on December 31,
1980.
(2) Examination outreach.--The Secretary shall carry out
appropriate outreach activities with respect to the provision
of any health examinations (including any diagnostic tests) and
consultation and counseling services under subsection (d).
(f) Department of Defense Information.--The Secretary of Defense
shall furnish to the Secretary of Veterans Affairs such information
maintained by the Secretary of Defense as the Secretary of Veterans
Affairs considers necessary to establish and maintain the Registry.
(g) Independent Study.--
(1) In general.--The Secretary of Veterans Affairs shall
provide for a study on the potential exposure of individuals to
radiation related to service at Enewetak Atoll at any time
during the period beginning on January 1, 1977, and ending on
December 31, 1980.
(2) Independent entity.--The study required by paragraph
(1) shall be carried out by an entity that--
(A) has experience conducting studies with respect
to the exposure of individuals to radiation; and
(B) is not affiliated with the Department of
Veterans Affairs.
(3) Deadline for completion.--The study required by
paragraph (1) shall be completed not later than one year after
the date of the enactment of this Act.
(h) Annual Report.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, and not less frequently than
annually thereafter, the Secretary of Veterans Affairs shall
submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a report on the Registry.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) The number of veterans included in the
Registry.
(B) Any trend in claims for compensation under
chapter 11 or 13 of title 38, United States Code, with
respect to veterans included in the Registry.
(C) A description of the outreach efforts made by
the Secretary under subsection (e) during the one-year
period ending on the date of such report.
(D) Such other matters as the Secretary considers
appropriate. | Enewetak Atoll Cleanup Veterans Registry and Study Act of 2016 This bill requires the Department of Veterans Affairs (VA) to establish and maintain the Enewetak Atoll Veterans Health Registry of each veteran who performed a radiation cleanup mission in the Enewetak Atoll in the Marshall Islands between January 1, 1977, and December 31, 1980, while serving as a member of the Armed Forces and who: applies for medical care or services from the VA; files a claim for compensation on the basis of any disability associated with such service; dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation on the basis of such service; requests a health examination from the VA; or receives such a health examination and submits a request to be included in the registry. The registry shall include relevant medical data relating to the health status of each such individual who: (1) grants the VA permission to include such information, or (2) is deceased when the individual's name is added to the registry. In the case of such an individual who is deceased, the VA shall provide that individual's spouse, child, or parent with consultation and counseling with respect to the results of an examination of such individual, upon request. The VA shall: (1) periodically notify individuals listed in the registry of significant developments in research on the health consequences of potential radiation exposure related to such service, (2) provide for an independent study on such potential exposure, and (3) carry out outreach activities with respect to health examinations and consultation and counseling services. | {"src": "billsum_train", "title": "Enewetak Atoll Cleanup Veterans Registry and Study Act of 2016"} | 1,232 | 332 | 0.755851 | 2.581327 | 0.841813 | 4.165584 | 3.840909 | 0.944805 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Equity Act of
2000''.
SEC. 2. CERTAIN GRANTS BY PRIVATE FOUNDATIONS TO QUALIFIED HEALTH
BENEFIT PURCHASING COALITIONS.
(a) In General.--Section 4942 of the Internal Revenue Code of 1986
(relating to taxes on failure to distribute income) is amended by
adding at the end the following:
``(k) Certain Qualified Health Benefit Purchasing Coalition
Distributions.--
``(1) In general.--For purposes of subsection (g) and
section 4945(d)(5), a qualified health benefit purchasing
coalition distribution by a private foundation shall be
considered to be a distribution for a charitable purpose.
``(2) Qualified health benefit purchasing coalition
distribution.--For purposes of paragraph (1)--
``(A) In general.--The term `qualified health
benefit purchasing coalition distribution' means any
amount paid by a private foundation to or on behalf of
a qualified health benefit purchasing coalition (as
defined in section 9841) for purposes of payment or
reimbursement of start-up costs paid or incurred in
connection with the establishment and maintenance of
such coalition.
``(B) Exclusions.--Such term shall not include any
amount used by a qualified health benefit purchasing
coalition (as so defined)--
``(i) for the purchase of real property,
``(ii) as payment to, or for the benefit
of, members (or employees or affiliates of such
members) of such coalition, or
``(iii) for start-up costs paid or incurred
more than 24 months after the date of
establishment of such coalition.
``(3) Termination.--This subsection shall not apply--
``(A) to qualified health benefit purchasing
coalition distributions paid or incurred after December
31, 2008, and
``(B) with respect to start-up costs of a coalition
which are paid or incurred after December 31, 2010.''.
(b) Effective Date.--The amendment made by this subsection shall
apply to qualified health benefit purchasing coalition distributions,
as defined in section 4942(k)(2) of the Internal Revenue Code of 1986,
as added by subsection (a), paid in taxable years beginning after
December 31, 2000.
SEC. 3. SMALL BUSINESS HEALTH PLAN TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:
``SEC. 45D. EMPLOYEE HEALTH INSURANCE EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of a
small employer (as defined in section 4980D(d)(2)), the employee health
insurance expenses credit determined under this section for the taxable
year is an amount equal to the applicable percentage of the amount paid
by the taxpayer during the taxable year for qualified employee health
insurance expenses.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is--
``(1) in the case of insurance purchased as a member of a
qualified health benefit purchasing coalition (as defined in
section 9841), 25 percent, and
``(2) in the case of insurance not described in paragraph
(1), 20 percent.
``(c) Per Employee Dollar Limitation.--
``(1) In general.--The amount of qualified employee health
insurance expenses taken into account under subsection (a) with
respect to any qualified employee for any taxable year shall
not exceed the sum of the monthly limitations for coverage
months of such employee during such taxable year.
``(2) Monthly limitation.--The monthly limitation for each
coverage month during the taxable year is equal to \1/12\ of--
``(A) $2,000 in the case of self-only coverage, and
``(B) $5,000 in the case of family coverage.
``(3) Coverage month.--For purposes of this subsection, the
term `coverage month' means, with respect to an individual, any
month if--
``(A) as of the first day of such month such
individual is covered by the taxpayer's new health
plan, and
``(B) the premium for coverage under such plan for
such month is paid by the taxpayer.
``(d) Definitions.--For purposes of this section--
``(1) Qualified employee.--
``(A) In general.--The term `qualified employee'
means, with respect to any period, an employee of an
employer if--
``(i) the total amount of wages paid or
incurred by such employer with respect to such
employee for the taxable year exceeds $10,000,
and
``(ii) the employee is not a highly
compensated employee.
``(B) Treatment of certain employees.--For purposes
of subparagraph (A), the term `employee' shall
include--
``(i) an employee within the meaning of
section 401(c)(1), and
``(ii) a leased employee within the meaning
of section 414(n).
``(C) Exclusion of certain employees.--
``(i) In general.--If a plan--
``(I) prescribes minimum age and
service requirements as a condition of
coverage, and
``(II) excludes all employees not
meeting such requirements from
coverage,
then such employees shall be excluded from
consideration for purposes of this paragraph.
``(ii) Collective bargaining agreement.--
For purposes of this paragraph, there shall be
excluded from consideration employees who are
included in a unit of employees covered by an
agreement between employee representatives and
one or more employers, if there is evidence
that health insurance benefits were the subject
of good faith bargaining between such employee
representatives and such employer.
``(iii) Limits on minimum requirements.--
Rules similar to the rules of section 410(a)
shall apply with respect to minimum age and
service requirements under clause (i).
``(D) Wages.--The term `wages'--
``(i) has the meaning given such term by
section 3121(a) (determined without regard to
any dollar limitation contained in such section), and
``(ii) in the case of an employee described
in subparagraph (B)(i), includes the net
earnings from self-employment (as defined in
section 1402(a) and as so determined).
``(2) Qualified employee health insurance expenses.--
``(A) In general.--The term `qualified employee
health insurance expenses' means any amount paid or
incurred by an employer during the applicable period
for health insurance coverage provided under a new
health plan to the extent such amount is attributable
to coverage provided to any employee who is not a
highly compensated employee.
``(B) Exception for amounts paid under salary
reduction arrangements.--No amount paid or incurred for
health insurance coverage pursuant to a salary
reduction arrangement shall be taken into account under
subparagraph (A).
``(C) Health insurance coverage.--The term `health
insurance coverage' has the meaning given such term by
section 9832(b)(1).
``(D) New health plan.--For purposes of this
paragraph, the term `new health plan' means any
arrangement of the employer which provides health
insurance coverage to employees if--
``(i) such employer (or predecessor
employer) did not establish or maintain such
arrangement (or any similar arrangement) at any
time during the 2 taxable years ending prior to
the taxable year in which the credit under this
section is first allowed, and
``(ii) such arrangement covers at least 70
percent of the qualified employees of such
employer who are not otherwise covered by
health insurance.
``(E) Applicable period.--For purposes of
subparagraph (A), the applicable period with respect to
an employer shall be the 4-year period beginning on the
date such employer establishes a new health plan.
``(3) Highly compensated employee.--The term `highly
compensated employee' means an employee who for the preceding
year had compensation from the employer in excess of $75,000.
``(e) Certain rules made applicable.--For purposes of this section,
rules similar to the rules of section 52 shall apply.
``(f) Disallowance of Deduction.--No deduction shall be allowed for
that portion of the qualified employee health insurance expenses for
the taxable year which is equal to the amount of the credit determined
under subsection (a).
``(g) Termination.--This section shall not apply to expenses paid
or incurred by an employer with respect to any arrangement established
on or after January 1, 2009.''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) 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:
``(13) the employee health insurance expenses credit
determined under section 45D.''
(c) No Carrybacks.--Subsection (d) of section 39 of the Internal
Revenue Code of 1986 (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following:
``(9) No carryback of section 45d credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the employee health insurance
expenses credit determined under section 45D may be carried
back to a taxable year ending before the date of the enactment
of section 45D.''
(d) Clerical Amendment.--The table of sections for 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:
``Sec. 45D. Employee health insurance
expenses.''
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2000, for arrangements established after the date of the
enactment of this Act.
SEC. 4. QUALIFIED HEALTH BENEFIT PURCHASING COALITION.
(a) In General.--Chapter 100 of the Internal Revenue Code of 1986
(relating to group health plan requirements) is amended by adding at
the end the following new subchapter:
``Subchapter D--Qualified Health Benefit Purchasing Coalition
``Sec. 9841. Qualified health benefit
purchasing coalition.
``SEC. 9841. QUALIFIED HEALTH BENEFIT PURCHASING COALITION.
``(a) In General.--A qualified health benefit purchasing coalition
is a private not-for-profit corporation which--
``(1) is licensed to provide health insurance in the State
in which the employers to which such coalition is providing
insurance is located, and
``(2) establishes to the Secretary, under State
certification procedures or other procedures as the Secretary
may provide by regulation, that such coalition meets the
requirements of this section.
``(b) Board of Directors.--
``(1) In general.--Each purchasing coalition under this
section shall be governed by a Board of Directors.
``(2) Election.--The Secretary shall establish procedures
governing election of such Board.
``(3) Membership.--The Board of Directors shall--
``(A) be composed of small employers and employee
representatives of such employers, but
``(B) not include other interested parties, such as
service providers, health insurers, or insurance agents
or brokers which may have a conflict of interest with
the purposes of the coalition.
``(c) Membership of Coalition.--
``(1) In general.--A purchasing coalition--
``(A) shall accept all small employers residing
within the area served by the coalition as members if
such employers request such membership, and
``(B) may accept any other employers residing with
such area.
``(2) Voting.--Members of a purchasing coalition shall have
voting rights consistent with the rules established by the
State.
``(d) Duties of Purchasing Coalitions.--Each purchasing coalition
shall--
``(1) enter into agreements with employers to provide
health insurance benefits to employees of such employers,
``(2) enter into agreements with 3 or more unaffiliated,
qualified licensed health plans, to offer benefits to members,
``(3) offer to members at least 1 open enrollment period
per calendar year,
``(4) serve a significant geographical area, and
``(5) carry out other functions provided for under this
section.
``(e) Limitation on Activities.--A purchasing coalition shall not--
``(1) perform any activity (including certification or
enforcement) relating to compliance or licensing of health
plans,
``(2) assume insurance or financial risk in relation to any
health plan, or
``(3) perform other activities identified by the State as
being inconsistent with the performance of its duties under
this section.
``(f) Additional Requirements For Purchasing Coalitions.--As
provided by the Secretary in regulations, a purchasing coalition shall
be subject to requirements similar to the requirements of a group
health plan under this chapter.
``(g) Definition of Small Employer.--The term `small employer' has
the meaning given such term by section 4980D(d)(2).''.
(b) Conforming Amendment.--The table of subchapters for chapter 100
of the Internal Revenue Code of 1986 is amended by adding at the end
the following item:
``Subchapter D. Qualified health benefit
purchasing coalition.''. | Provides for the establishment of qualified health benefit purchasing coalitions which shall enter into agreements with small business employers to provide health benefits to employees of such employers. | {"src": "billsum_train", "title": "Health Insurance Equity Act of 2000"} | 3,085 | 32 | 0.563951 | 1.274252 | 0.256108 | 3.275862 | 96.482759 | 1 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair and Open Competition Act'' or
``FOCA Act''.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) promote and ensure open competition on Federal and
federally funded or assisted construction projects;
(2) maintain Federal Government neutrality towards the
labor relations of Federal Government contractors on Federal
and federally funded or assisted construction projects;
(3) reduce construction costs to the Federal Government and
to the taxpayers;
(4) expand job opportunities, especially for small and
disadvantaged businesses; and
(5) prevent discrimination against Federal Government
contractors or their employees based upon labor affiliation or
the lack thereof, thereby promoting the economical,
nondiscriminatory, and efficient administration and completion
of Federal and federally funded or assisted construction
projects.
SEC. 3. PRESERVATION OF OPEN COMPETITION AND FEDERAL GOVERNMENT
NEUTRALITY.
(a) Prohibition.--
(1) General rule.--The head of each executive agency that
awards any construction contract after the date of the
enactment of this Act, or that obligates funds pursuant to such
a contract, shall ensure that the agency, and any construction
manager acting on behalf of the Federal Government with respect
to such contract, in its bid specifications, project
agreements, or other controlling documents does not--
(A) require or prohibit a bidder, offeror,
contractor, or subcontractor from entering into, or
adhering to, agreements with 1 or more labor
organizations, with respect to that construction
project or another related construction project; or
(B) otherwise discriminate against or give
preference to a bidder, offeror, contractor, or
subcontractor because such bidder, offeror, contractor,
or subcontractor--
(i) becomes a signatory, or otherwise
adheres to, an agreement with 1 or more labor
organizations with respect to that construction
project or another related construction
project; or
(ii) refuses to become a signatory, or
otherwise adhere to, an agreement with 1 or
more labor organizations with respect to that
construction project or another related
construction project.
(2) Application of prohibition.--This subsection shall
apply with respect to--
(A) contracts entered into on or after the date of
the enactment of this Act; and
(B) subcontracts awarded under such contracts.
(3) Rule of construction.--Nothing in paragraph (1) may be
construed to prohibit a contractor or subcontractor from
voluntarily entering into an agreement described in such
paragraph.
(4) Federal acquisition regulation.--With respect to
Federal contracts to which this subsection applies, not later
than 60 days after the date of the enactment of this Act, the
Federal Acquisition Regulation shall be revised to implement
the provisions of this subsection.
(b) Recipients of Grants and Other Assistance.--The head of each
executive agency that awards grants, provides financial assistance, or
enters into cooperative agreements for construction projects after the
date of the enactment of this Act shall ensure that--
(1) the bid specifications, project agreements, or other
controlling documents for such construction projects of a
recipient of a grant or financial assistance, or by the parties
to a cooperative agreement, do not contain any of the
requirements or prohibitions described in subparagraph (A) or
(B) of subsection (a)(1); or
(2) the bid specifications, project agreements, or other
controlling documents for such construction projects of a
construction manager acting on behalf of a recipient or party
described in paragraph (1) do not contain any of the
requirements or prohibitions described in subparagraph (A) or
(B) of subsection (a)(1).
(c) Failure To Comply.--If an executive agency, a recipient of a
grant or financial assistance from an executive agency, a party to a
cooperative agreement with an executive agency, or a construction
manager acting on behalf of such an agency, recipient, or party, fails
to comply with subsection (a) or (b), the head of the executive agency
awarding the contract, grant, or assistance, or entering into the
agreement involved, shall take such action, consistent with law, as the
head of such agency determines to be appropriate.
(d) Exemptions.--
(1) In general.--The head of an executive agency may exempt
a particular project, contract, subcontract, grant, or
cooperative agreement from the requirements of 1 or more of the
provisions of subsections (a) and (b) if the head of such
agency determines that special circumstances exist that require
an exemption in order to avert an imminent threat to public
health or safety or to serve the national security.
(2) Special circumstances.--For purposes of paragraph (1),
a finding of ``special circumstances'' may not be based on the
possibility or existence of a labor dispute concerning
contractors or subcontractors that are nonsignatories to, or
that otherwise do not adhere to, agreements with 1 or more
labor organizations, or labor disputes concerning employees on
the project who are not members of, or affiliated with, a labor
organization.
(3) Additional exemption for certain projects.--The head of
an executive agency, upon application of an awarding authority,
a recipient of grants or financial assistance, a party to a
cooperative agreement, or a construction manager acting on
behalf of any of such entities, may exempt a particular project
from the requirements of any or all of the provisions of
subsection (a) or (b), if the head of such agency finds--
(A) that the awarding authority, recipient of
grants or financial assistance, party to a cooperative
agreement, or construction manager acting on behalf of
any of such entities had issued or was a party to, as
of the date of the enactment of this Act, bid
specifications, project agreements, agreements with 1
or more labor organizations, or other controlling
documents with respect to that particular project,
which contained any of the requirements or prohibitions
set forth in subsection (a)(1); and
(B) that 1 or more construction contracts subject
to such requirements or prohibitions had been awarded
as of the date of the enactment of this Act.
(e) Definitions.--In this section:
(1) Construction contract.--The term ``construction
contract'' means any contract for the construction,
rehabilitation, alteration, conversion, extension, or repair of
buildings, highways, or other improvements to real property.
(2) Executive agency.--The term ``executive agency'' has
the meaning given the term ``Executive agency'' in section 105
of title 5, United States Code, except that such term does not
include the Government Accountability Office.
(3) Labor organization.--The term ``labor organization''
has the meaning given such term in section 701 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e). | Fair and Open Competition Act or FOCA Act This bill prohibits a federal executive agency that awards any construction contract after the enactment of this bill from requiring or prohibiting a contract bidder from entering into agreements with labor organizations (i.e., Project Labor Agreements [PLAs]) or otherwise discriminating against a bidder or contractor who signs, or refuses to sign, a PLA. Agencies that award grants, provide financial assistance, or enter into cooperative agreements for construction projects after the enactment of this bill must ensure that the bid specifications, project agreements, or other controlling documents for such projects do not contain any requirements or prohibitions relating to PLAs. An agency may exempt a particular project or grant from the prohibition of this bill if it determines that special circumstances exist requiring an exemption to avert an imminent threat to public health or safety or to serve the national security. | {"src": "billsum_train", "title": "Fair and Open Competition Act"} | 1,479 | 198 | 0.579649 | 1.762937 | 0.955581 | 3.47561 | 8.536585 | 0.841463 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Labor Evaluation and
Research Act'' or the ``CLEAR Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applied research.--The term ``applied research'' means
research--
(A) to gain knowledge or understanding necessary
for determining the means by which a recognized and
specific need may be met; and
(B) that is specifically directed to the
advancement of practice concerning the issues and
fields under the jurisdiction of the Department.
(2) Basic research.--The term ``basic research'' means
research--
(A) to gain fundamental knowledge or understanding
of phenomena and observable factors, without specific
application toward processes or products; and
(B) for the advancement of knowledge concerning the
issues and fields under the jurisdiction of the
Department.
(3) Chief evaluation officer.--The term ``Chief Evaluation
Officer'' means the Chief Evaluation Officer of the Office of
Labor Evaluation and Research.
(4) Department.--The term ``Department'' means the
Department of Labor.
(5) Dissemination.--The term ``dissemination'' means the
communication and transfer of the information involved and the
results of the scientifically valid evaluations and other
research involved, in forms that are understandable, are easily
accessible, and are usable or adaptable, by practitioners,
researchers, policymakers, and the public, through (to the
extent practicable) technical assistance, publications,
electronic transfer, and other means.
(6) Evidence-based research standards.--The term
``evidence-based research standards'' means standards for
research (including evaluations)--
(A) that applies rigorous, systematic, and
objective methodology to obtain reliable and valid
knowledge relevant to programs and activities under the
jurisdiction of the Department; and
(B) for which the findings and claims are
appropriate to and supported by the methods that have
been employed;
(C) that includes, as appropriate to the research
being conducted--
(i) employing systematic, empirical methods
that draw on observation or experiment;
(ii) employing data analyses that are
adequate to support the general findings;
(iii) relying on measurements or
observational methods that provide reliable
data; and
(iv) making claims of causal relationships,
if the research has a research design that
substantially eliminates plausible competing
explanations for the obtained results, such as
random assignment experiments; and
(D) for which the studies and methods are presented
in sufficient detail and clarity to allow for
replication or, at a minimum, to offer the opportunity
to build systematically on the findings of the
research.
(7) Office.--The term ``Office'' means the Office of Labor
Evaluation and Research.
(8) Related to labor.--The term ``related to labor'', used
with respect to an issue, means an issue under the jurisdiction
of the Department.
(9) Scientifically valid evaluation.--The term
``scientifically valid'', used with respect to an evaluation,
means an evaluation that--
(A) adheres to the highest possible standards of
quality with respect to research design and statistical
analysis;
(B) provides an adequate description of what is
being evaluated and, to the extent possible, examines
the relationship between implementation and impacts of
the program or activities being evaluated;
(C) provides an analysis of the results achieved by
the program or activities with respect to the projected
effects for the program or activities;
(D) employs experimental designs using random
assignment, when feasible and appropriate, or other
research designs or methodologies that allow for the
strongest possible causal inferences when random
assignment is not feasible or appropriate; and
(E) may study implementation of the program or
activities through a combination of scientifically
valid and reliable methods.
(10) Scientifically valid research.--The term
``scientifically valid'', used with respect to research,
includes applied research and basic research in which the
rationale, design, and interpretation are soundly developed in
accordance with evidence-based research standards.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(12) Technical assistance.--The term ``technical
assistance'' means--
(A) assistance in identifying, selecting, or
designing--
(i) evaluations and other research; or
(ii) solutions based on evaluations and
other research;
(B) assistance in interpreting, analyzing, and
utilizing statistics and evaluations; and
(C) other assistance necessary to applying
techniques supported by scientifically valid research.
SEC. 3. OFFICE OF LABOR EVALUATION AND RESEARCH.
(a) Establishment.--There is established in the Department an
Office of Labor Evaluation and Research, to be headed by a Chief
Evaluation Officer, as described in subsection (c).
(b) Mission.--The mission of the Office is to coordinate, manage,
and implement the Department's evaluation and other research programs.
The Office shall collaborate with agencies in the Department, and other
Federal agencies, to ensure that evaluations of issues related to labor
meet evidence-based research standards and that the results of the
evaluations are widely disseminated.
(c) Chief Evaluation Officer.--
(1) Appointment.--The Secretary shall appoint the Chief
Evaluation Officer.
(2) Qualifications.--To be qualified to be appointed as the
Chief Evaluation Officer, an individual shall have substantial
knowledge relating to the functions of the Office, including a
high level of expertise in--
(A) evaluations, other research, and policymaking
using evaluations and other research that meet
evidence-based research standards; and
(B) the management of the activities described in
subparagraph (A).
(3) Expert guidance and assistance.--The Chief Evaluation
Officer may establish technical and scientific peer review
groups and scientific program advisory committees, for
evaluations and other research, that the Chief Evaluation
Officer determines are necessary to carry out the requirements
of this section.
(d) Functions.--The Chief Evaluation Officer shall--
(1) coordinate, manage, and implement a Department-wide
program of evaluations and other research that meet evidence-
based research standards;
(2) provide leadership in expanding the fundamental
knowledge and understanding of issues related to labor;
(3) conduct rigorous, scientifically valid evaluations and
other research (including basic research and applied research),
that will assist agencies in the Department to measure the
effectiveness of programs and activities and progress in
meeting and exceeding goals and outcomes;
(4) assist agencies in the Department in meeting statutory
requirements for evaluations and reports;
(5) assist agencies in the Department in establishing and
refining structures, resulting from evaluations and other
research that meet evidence-based research standards, for
programs, activities, and operations;
(6) assist agencies in the Department in using findings and
other results from evaluations and other research that meet
evidence-based research standards;
(7) measure the impacts of core programs and activities,
evaluate new programs and activities, and test the relative
effectiveness of alternative practices for programs and
activities;
(8) carry out significant data analytics activities to
strengthen management, evaluations, and other research, for
programs and activities;
(9) conduct and evaluate pilot and demonstration programs
that will assist in identifying effective approaches in
addressing issues related to labor;
(10) establish necessary procedures for technical and
scientific peer review of the evaluations and other research
carried out by the Office;
(11) solicit and consider the recommendations of
stakeholders in order to ensure there is broad and regular
public and professional input in the planning and carrying out
of the activities of the Office;
(12) identify priority topics that may require long-term
evaluation and other research;
(13) coordinate evaluation, other research, and related
activities carried out by the Office with such evaluation,
research, and activities carried out by other agencies in the
Federal Government; and
(14) widely disseminate evaluation and other research
results and information through the Clearinghouse for Labor
Evaluation and Research described in subsection (f) and through
other appropriate means described in section 2(5), in manners
that are accessible to a broad range of stakeholders.
(e) Standards for Conduct of Evaluation and Research.--In carrying
out the functions under this section, the Chief Evaluation Officer
shall ensure that the related activities--
(1) meet evidence-based research standards;
(2) utilize rigorous methods that are appropriate and
feasible;
(3) promote best practices that are grounded on
scientifically valid evaluation and other research, as the case
may be;
(4) take into account legislative requirements and reflect
the interests and needs of agencies in the Department and other
stakeholders;
(5) are objective, neutral, and free of undue influence or
the appearance of such influence;
(6) are conducted in a transparent and timely manner, and
that the results of the activities are disseminated in a timely
manner; and
(7) are conducted in an ethical manner.
(f) Clearinghouse for Labor Evaluation and Research.--The Chief
Evaluation Officer shall maintain a Clearinghouse for Labor Evaluation
and Research that--
(1) reviews evaluations and other research on issues
related to labor, to determine if the evaluations and other
research meet evidence-based research standards;
(2) promotes accessibility and public awareness of the
results of evaluations and other research that meet the
standards among practitioners, researchers, policymakers, and
the public;
(3) encourages the use of reviewed evaluations and other
research that meet the standards to inform decisions relating
to appropriate policies and programs and activities;
(4) assesses the quality of evaluations and other research
that examine the effectiveness of particular policies and
programs and activities; and
(5) synthesizes evaluations and other research within a
topic area, highlights gaps in the literature, and identifies
areas in which further evaluations and other research may be
needed.
(g) Performance of Functions.--
(1) In general.--In carrying out the functions of the
Office under this section, the Chief Evaluation Officer may--
(A) award grants and enter into contracts and
cooperative agreements to carry out activities
described in this section, through--
(i) a process that complies with
requirements for full and open competition
under chapter 33 of title 41, United States
Code; and
(ii) a peer review process, when
practicable; and
(B) provide technical assistance to--
(i) support agencies in the Department to
conduct scientifically valid evaluations and
other research;
(ii) coordinate activities, as necessary,
with other Departments that gather data; and
(iii) assist, as appropriate, other
entities conducting evaluations and other
research.
(2) Subgrants.--The Chief Evaluation Officer may authorize
entities receiving grants or contracts under this section to
award subgrants or subcontracts to carry out activities
described in this section.
(h) Report.--The Chief Evaluation Officer shall, not less often
than once every 2 years, prepare and publicly release, including to the
Secretary, the Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Education and the Workforce of the
House of Representatives, a report that contains--
(1) a description of the activities carried out by the
Office, including activities carried out through grants,
contracts, and cooperative agreements funded by the Office,
during the fiscal years prior to the release of the report;
(2) the activities undertaken to widely disseminate
evaluation and other research results and information in a
manner that is accessible to a broad range of stakeholders; and
(3) a description of how the activities of the Office are
consistent with the principles of scientifically valid research
and the priorities and mission of the Office.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2017 through 2021. | Comprehensive Labor Evaluation and Research Act or the CLEAR Act This bill establishes in the Department of Labor an Office of Labor Evaluation and Research to collaborate with federal agencies to ensure that evaluations of labor issues meet evidence-based research standards and that the results are disseminated in forms that are usable or adaptable by practitioners, researchers, policymakers, and the public. Labor must appoint a Chief Evaluation Officer as the head of the office to: (1) manage and conduct scientifically valid evaluation and research of labor issues, (2) assist in establishing and refining structures for programs and activities, (3) measure impacts of programs, (4) carry out data analytics to strengthen management, (5) solicit stakeholder recommendations, (6) identify long-term priority topics, (7) coordinate activities with other federal agencies, and (8) disseminate information to stakeholders. The Chief Evaluation Officer must maintain a Clearinghouse for Labor Evaluation and Research that: (1) reviews whether labor evaluations and research meet evidence-based research standards; (2) promotes accessibility and public awareness of results that meet the standards; (3) encourages the use of reviewed evaluations and research to inform policies, programs, and activities; (4) assesses the quality of evaluations that examine the effectiveness of particular programs; and (5) acts to synthesize evaluations and research within a topic area, highlight gaps in literature, and identify areas for further research. The Chief Evaluation Officer may award grants, enter contracts and cooperative agreements, and provide technical assistance to Labor agencies and other entities to carry out this bill. | {"src": "billsum_train", "title": "CLEAR Act"} | 2,498 | 325 | 0.55445 | 1.74859 | 0.820761 | 3.599349 | 8.003257 | 0.954397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Veterans Health Care
Enhancement Act''.
SEC. 2. LIABILITY FOR PAYMENT.
Section 222 of the Indian Health Care Improvement Act (25 U.S.C.
1621u) is amended by adding at the end the following:
``(d) Veterans Affairs Copayments.--The Service may pay, in
accordance with section 412, the cost of a copayment assessed by the
Department of Veterans Affairs to an eligible Indian veteran (as
defined in section 412) for covered medical care (as defined in such
section).''.
SEC. 3. COPAYMENTS FOR TRIBAL VETERANS RECEIVING CERTAIN MEDICAL
SERVICES.
Title IV of the Indian Health Care Improvement Act (25 U.S.C. 1641
et seq.) is amended by adding at the end the following:
``SEC. 412. PAYMENTS FOR ELIGIBLE INDIAN VETERANS RECEIVING COVERED
MEDICAL CARE AT VA FACILITIES.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) in the Senate--
``(i) the Committee on Veterans' Affairs;
and
``(ii) the Committee on Indian Affairs; and
``(B) in the House of Representatives--
``(i) the Committee on Veterans' Affairs;
and
``(ii) the Committee on Natural Resources.
``(2) Covered medical care.--The term `covered medical
care' means any medical care or service that is--
``(A) authorized for an eligible Indian veteran
under the contract health service and referred by the
Service; and
``(B) administered at a facility of the Department
of Veterans Affairs, including any services rendered
under a contract with a non-Department of Veterans
Affairs health care provider.
``(3) Eligible indian veteran.--The term `eligible Indian
veteran' means an Indian or Alaska Native veteran who is
eligible for assistance from the Service.
``(b) Memorandum of Understanding.--
``(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (3), the Secretary (or a
designee, including the director of any area office of the
Service), the Secretary of Veterans Affairs (or a designee) and
any tribal health program, as applicable, shall enter into a
memorandum of understanding, in consultation with Indian tribes
to be impacted by the memorandum of understanding (on a
national or regional basis), that authorizes the Secretary or
tribal health program, as applicable, to pay to the Secretary
of Veterans Affairs any copayments owed to the Department of
Veterans Affairs by eligible Indian veterans for covered
medical care.
``(2) Factors for consideration.--In entering into a
memorandum of understanding under paragraph (1), the Secretary,
the Secretary of Veterans Affairs, and any tribal health
program, as applicable, shall take into consideration any
findings contained in the report under subsection (e).
``(3) Exception.--The Secretary, the Secretary of Veterans
Affairs, and any tribal health program, as applicable, shall
not be required to enter into a memorandum of understanding
under paragraph (1) if the Secretary, the Secretary of Veterans
Affairs, and any tribal health program, as applicable, jointly
certify to the appropriate committees of Congress that such a
memorandum of understanding would--
``(A) decrease the quality of health care provided
to eligible Indian veterans;
``(B) impede the access of those veterans to health
care; or
``(C) substantially decrease the quality of, or
access to, health care by individuals receiving health
care from the Department of Veterans Affairs or
beneficiaries of the Service.
``(c) Payment by Service.--Notwithstanding any other provision of
law and in accordance with the relevant memorandum of understanding
described in subsection (b), the Service may cover the cost of any
copayment assessed by the Department of Veterans Affairs to an eligible
Indian veteran receiving covered medical care.
``(d) Authorization To Accept Funds.--Notwithstanding section
407(c), section 2901(b) of the Patient Protection and Affordable Care
Act (25 U.S.C. 1623(b)), or any other provision of law, and in
accordance with the relevant memorandum of understanding described in
subsection (b), the Secretary of Veterans Affairs may accept a payment
from the Service under subsection (c).
``(e) Report.--Not later than 90 days after the date of enactment
of this section, the Secretary and the Secretary of Veterans Affairs
shall submit to the appropriate committees of Congress a report that
describes--
``(1) the number of veterans, disaggregated by State, who--
``(A) are eligible for assistance from the Service;
and
``(B) have received health care at a medical
facility of the Department of Veterans Affairs;
``(2) the number of veterans, disaggregated by State and
calendar year, who--
``(A) are eligible for assistance from the Service;
and
``(B) were referred to a medical facility of the
Department of Veterans Affairs from a facility of the
Service during the period--
``(i) beginning on January 1, 2011; and
``(ii) ending on December 31, 2016; and
``(3) an update regarding efforts of the Secretary and the
Secretary of Veterans Affairs to streamline health care for
veterans who are eligible for assistance from the Service and
have received health care at a medical facility of the
Department of Veterans Affairs and at a facility of the
Service, including a description of--
``(A) any changes to the provision of health care
required under this Act; and
``(B) any barriers to efficiently streamline the
provision of health care to veterans who are eligible
for assistance from the Service.''. | . Tribal Veterans Health Care Enhancement Act (Sec. 2) This bill amends the Indian Health Care Improvement Act to permit the Indian Health Service (IHS) to pay copayments owed to the Department of Veterans Affairs (VA) by Indian veterans for medical services authorized under the Purchased/Referred Care program and administered at a VA facility. (Sec. 3) The IHS, the VA, and tribal health programs, in consultation with impacted tribes, must enter into a memorandum of understanding that authorizes the IHS or a tribal health program to pay such copayments unless it would decrease the quality of, or access to, health care for individuals receiving care from the IHS or the VA. The IHS and the VA must report on veterans who are eligible for IHS assistance and have received care from the VA. | {"src": "billsum_train", "title": "Tribal Veterans Health Care Enhancement Act"} | 1,337 | 186 | 0.659915 | 1.690331 | 0.809825 | 2.574194 | 7.870968 | 0.883871 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Part D Outreach and
Enrollment Enhancement Act of 2006''.
SEC. 2. OUTREACH AND EDUCATION FUNDING.
(a) Medicare Outreach and Education by State Health Insurance
Counseling Programs.--
(1) Fiscal year 2006.--There are appropriated $13,500,000
to the Centers for Medicare & Medicaid Services to be used to
provide additional grants to State health insurance counseling
and assistance programs to conduct outreach and education
related to enrollment in the Medicare program under title XVIII
of the Social Security Act.
(2) Additional funding for future outreach and education
efforts.--There are authorized to be appropriated for each of
fiscal years 2007, 2008, 2009, and 2010, an amount equal to $1
multiplied by the total number of individuals entitled to
benefits, or enrolled, under part A of title XVIII of the
Social Security Act, or enrolled under part B of such title
during the fiscal year (as determined by the Secretary of
Health and Human Services, based on the most recent available
data before the beginning of the fiscal year) to be used to
provide additional grants to State health insurance counseling
and assistance programs to conduct outreach and education
related to enrollment in such Medicare program.
(b) Part D Outreach and Education.--
(1) In general.--There are appropriated $6,300,000 to the
Centers for Medicare & Medicaid Services to be used to provide
funding to Area Agencies on Aging and Native American aging
programs to conduct outreach and education related to the
Medicare prescription drug program under part D of title XVIII
of the Social Security Act.
(2) Transfer of funds through interagency agreement.--
(A) Transfer.--Subject to subparagraph (B), the
Administrator of the Centers for Medicare & Medicaid
Services shall transfer amounts provided under
paragraph (1) to the Administration on Aging under an
interagency agreement.
(B) Interagency agreement.--The interagency
agreement entered into under subparagraph (A) shall
establish guidelines with respect to the distribution
of amounts transferred under such subparagraph to Area
Agencies on Aging and Native American aging programs,
taking into account any variations in the population
served by such Agencies and such programs.
(C) Timing of interagency agreement and
distribution of funds.--
(i) Interagency agreement.--Not later than
the date that is 60 days after the date of
enactment of this Act, the Administrator of the
Centers for Medicare & Medicaid Services shall
enter into the interagency agreement described
in subparagraph (A).
(ii) Distribution of funds.--Not later than
the date that is 120 days after the date of
enactment of this Act, the Administration on
Aging shall distribute the amounts transferred
under such interagency agreement.
SEC. 3. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN
INCOME-RELATED SUBSIDY.
(a) Special Enrollment Period.--Section 1860D-1(b)(3) of the Social
Security Act (42 U.S.C. 1395w-101(b)(3)) is amended by adding at the
end the following new subparagraph:
``(F) Application for low-income subsidy.--
``(i) In general.--Subject to clause (iii),
in the case of an applicable individual (as
defined in clause (ii)).
``(ii) Applicable individual defined.--For
purposes of this subparagraph, the term
`applicable individual' means a part D eligible
individual who--
``(I) has an application for an
income-related subsidy under section
1860D-14 pending during the
individual's initial enrollment period
(as determined under paragraph (2));
and
``(II) does not receive
notification of the approval or
disapproval of such application prior
to the end of such initial enrollment
period.
``(iii) Timing of special enrollment
period.--The special enrollment period
established under this subparagraph shall be
for a period (not to exceed 30 days) beginning
on the date the applicable individual receives
the notification described in clause
(ii)(II).''.
(b) Waiver of Late Enrollment Penalty.--Section 1860D-13(b) of the
Social Security Act (42 U.S.C. 1395w-113(b)) is amended by adding at
the end the following new paragraph:
``(8) Waiver of penalty.--An applicable individual (as
defined in clause (ii) of section 1860D-1(b)(3)(F)) who enrolls
during the special enrollment period established under such
section shall not be subject to an increase in the monthly
beneficiary premium established under subsection (a) with
respect to months occurring prior to the date of such
enrollment.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173). | Medicare Part D Outreach and Enrollment Enhancement Act of 2006 - Authorizes and makes appropriations to the Centers for Medicare & Medicaid Services for additional grants to state health insurance counseling and assistance (HICA) programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act (SSA).
Makes appropriations to the Centers for Medicare & Medicaid Services to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D (Voluntary Prescription Drug Benefit Program) of SSA title XVIII.
Amends SSA title XVIII part D to provide a special enrollment period for individuals who qualify for a low- income-related subsidy under the Medicare prescription drug program. | {"src": "billsum_train", "title": "A bill to provide for additional outreach and education related to the Medicare program and to amend title XVIII of the Social Security Act to provide a special enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program."} | 1,142 | 180 | 0.636184 | 1.624404 | 0.810563 | 5.188811 | 6.734266 | 0.895105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Adjustment Assistance for
Farmers Act''.
SEC. 2. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.
(a) In General.--Title II of the Trade Act of 1974 (19 U.S.C. 2251
et seq.) is amended by adding at the end the following new chapter:
``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS
``SEC. 291. DEFINITIONS.
``In this chapter:
``(1) Agricultural commodity.--The term `agricultural
commodity' means any agricultural commodity (including
livestock, fish, or harvested seafood) in its raw or natural
state.
``(2) Agricultural commodity producer.--The term
`agricultural commodity producer' means any person who is
engaged in the production and sale of an agricultural commodity
in the United States and who owns or shares the ownership and
risk of loss of the agricultural commodity.
``(3) Contributed importantly.--
``(A) In general.--The term `contributed
importantly' means a cause which is important but not
necessarily more important than any other cause.
``(B) Determination of contributed importantly.--
The determination of whether imports of articles like
or directly competitive with an agricultural commodity
with respect to which the petition under this chapter
was filed contributed importantly to a decline in the
price of the agricultural commodity shall be made by
the Secretary of Agriculture.
``(4) Duly authorized representative.--The term `duly
authorized representative' means an association of agricultural
commodity producers.
``(5) National average price.--The term `national average
price' means the national average price paid to an agricultural
commodity producer for an agricultural commodity in a marketing
year as determined by the Secretary of Agriculture.
``(6) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``SEC. 292. PETITIONS; GROUP ELIGIBILITY.
``(a) In General.--A petition for a certification of eligibility to
apply for adjustment assistance under this chapter may be filed with
the Secretary by a group of agricultural commodity producers or by
their duly authorized representative. Upon receipt of the petition, the
Secretary shall promptly publish notice in the Federal Register that
the Secretary has received the petition and initiated an investigation.
``(b) Hearings.--If the petitioner, or any other person found by
the Secretary to have a substantial interest in the proceedings,
submits not later than 10 days after the date of the Secretary's
publication under subsection (a) a request for a hearing, the Secretary
shall provide for a public hearing and afford such interested persons
an opportunity to be present, to produce evidence, and to be heard.
``(c) Group Eligibility Requirements.--The Secretary shall certify
a group of agricultural commodity producers as eligible to apply for
adjustment assistance under this chapter if the Secretary determines--
``(1) that the national average price for the agricultural
commodity, or a class of goods within the agricultural
commodity, produced by the group for the most recent marketing
year for which the national average price is available is less
than 80 percent of the average of the national average price
for such agricultural commodity, or such class of goods, for
the 5 marketing years preceding the most recent marketing year;
and
``(2) that increases in imports of articles like or
directly competitive with the agricultural commodity, or class
of goods within the agricultural commodity, produced by the
group contributed importantly to the decline in price described
in paragraph (1).
``(d) Special Rule for Qualified Subsequent Years.--A group of
agricultural commodity producers certified as eligible under section
293 shall be eligible to apply for assistance under this chapter in any
qualified year after the year the group is first certified, if the
Secretary determines that--
``(1) the national average price for the agricultural
commodity, or class of goods within the agricultural commodity,
produced by the group for the most recent marketing year for
which the national average price is available is equal to or
less than the price determined under subsection (c)(1); and
``(2) the requirements of subsection (c)(2) are met.
``(e) Determination of Qualified Year and Commodity.--In this
chapter:
``(1) Qualified year.--The term `qualified year', with
respect to a group of agricultural commodity producers
certified as eligible under section 293, means each consecutive
year after the year in which the group is certified that the
Secretary makes the determination under subsection (c) or (d),
as the case may be.
``(2) Classes of goods within a commodity.--In any case in
which there are separate classes of goods within an
agricultural commodity, the Secretary shall treat each class as
a separate commodity in determining group eligibility, the
national average price, and level of imports under this section
and section 296.
``SEC. 293. DETERMINATIONS BY SECRETARY.
``(a) In General.--As soon as practicable after the date on which a
petition is filed under section 292, but in any event not later than 60
days after that date, the Secretary shall determine whether the
petitioning group meets the requirements of section 292 (c) or (d), as
the case may be and shall, if the group meets the requirements, issue a
certification of eligibility to apply for assistance under this chapter
covering agricultural commodity producers in any group that meet the
requirements. Each certification shall specify the date on which
eligibility under this chapter begins.
``(b) Notice.--Upon making a determination on a petition, the
Secretary shall promptly publish a summary of the determination in the
Federal Register, together with the Secretary's reasons for making the
determination.
``(c) Termination of Certification.--Whenever the Secretary
determines, with respect to any certification of eligibility under this
chapter, that the decline in price for the agricultural commodity
covered by the certification is no longer attributable to the
conditions described in section 292, the Secretary shall terminate such
certification and promptly cause notice of such termination to be
published in the Federal Register, together with the Secretary's
reasons for making such determination.
``SEC. 294. STUDY BY SECRETARY WHEN INTERNATIONAL TRADE COMMISSION
BEGINS INVESTIGATION.
``(a) In General.--Whenever the International Trade Commission (in
this chapter referred to as the `Commission') begins an investigation
under section 202 with respect to an agricultural commodity, the
Commission shall immediately notify the Secretary of the investigation.
Upon receipt of the notification, the Secretary shall immediately
conduct a study of--
``(1) the number of agricultural commodity producers
producing a like or directly competitive agricultural commodity
who have been or are likely to be certified as eligible for
adjustment assistance under this chapter, and
``(2) the extent to which the adjustment of such producers
to the import competition may be facilitated through the use of
existing programs.
``(b) Report.--Not later than 15 days after the day on which the
Commission makes its report under section 202(f), the Secretary shall
submit a report to the President setting forth the findings of the
study under subsection (a). Upon making his report to the President,
the Secretary shall also promptly make it public (with the exception of
information which the Secretary determines to be confidential) and
shall have a summary of it published in the Federal Register.
``SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY PRODUCERS.
``(a) In General.--The Secretary shall provide full information to
producers about the benefit allowances, training, and other employment
services available under this title and about the petition and
application procedures, and the appropriate filing dates, for such
allowances, training, and services. The Secretary shall provide
whatever assistance is necessary to enable groups to prepare petitions
or applications for program benefits under this title.
``(b) Notice of Benefits.--
``(1) In general.--The Secretary shall mail written notice
of the benefits available under this chapter to each
agricultural commodity producer that the Secretary has reason
to believe is covered by a certification made under this
chapter.
``(2) Other notice.--The Secretary shall publish notice of
the benefits available under this chapter to agricultural
commodity producers that are covered by each certification made
under this chapter in newspapers of general circulation in the
areas in which such producers reside.
``SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL COMMODITY
PRODUCERS.
``(a) In General.--Payment of a trade adjustment allowance shall be
made to an adversely affected agricultural commodity producer covered
by a certification under this chapter who files an application for such
allowance within 90 days after the date on which the Secretary makes a
determination and issues a certification of eligibility under section
293, if the following conditions are met:
``(1) The producer submits to the Secretary sufficient
information to establish the amount of agricultural commodity
covered by the application filed under subsection (a) that was
produced by the producer in the most recent year.
``(2) The producer certifies that the producer has not
received cash benefits under any provision of this title other
than this chapter.
``(3) The producer's net farm income (as determined by the
Secretary) for the most recent year is less than the producer's
net farm income for the latest year in which no adjustment
assistance was received by the producer under this chapter.
``(4) The producer certifies that the producer has met with
an Extension Service employee or agent to obtain, at no cost to
the producer, information and technical assistance that will
assist the producer in adjusting to import competition with
respect to the adversely affected agricultural commodity,
including--
``(A) information regarding the feasibility and
desirability of substituting 1 or more alternative
commodities for the adversely affected agricultural
commodity; and
``(B) technical assistance that will improve the
competitiveness of the production and marketing of the
adversely affected agricultural commodity by the
producer, including yield and marketing improvements.
``(b) Amount of Cash Benefits.--
``(1) In general.--Subject to the provisions of section
298, an adversely affected agricultural commodity producer
described in subsection (a) shall be entitled to adjustment
assistance under this chapter in an amount equal to the product
of--
``(A) one-half of the difference between--
``(i) an amount equal to 80 percent of the
average of the national average price of the
agricultural commodity covered by the
application described in subsection (a) for the
5 marketing years preceding the most recent
marketing year, and
``(ii) the national average price of the
agricultural commodity for the most recent
marketing year, and
``(B) the amount of the agricultural commodity
produced by the agricultural commodity producer in the
most recent marketing year.
``(2) Special rule for subsequent qualified years.--The
amount of cash benefits for a qualified year shall be
determined in the same manner as cash benefits are determined
under paragraph (1) except that the average national price of
the agricultural commodity shall be determined under paragraph
(1)(A)(i) by using the 5-marketing-year period used to
determine the amount of cash benefits for the first
certification.
``(c) Maximum Amount of Cash Assistance.--The maximum amount of
cash benefits an agricultural commodity producer may receive in any 12-
month period shall not exceed $10,000.
``(d) Limitations on Other Assistance.--An agricultural commodity
producer entitled to receive a cash benefit under this chapter--
``(1) shall not be eligible for any other cash benefit
under this title, and
``(2) shall be entitled to employment services and training
benefits under sections 235 and 236.
``SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS.
``(a) In General.--
``(1) Repayment.--If the Secretary, or a court of competent
jurisdiction, determines that any person has received any
payment under this chapter to which the person was not
entitled, such person shall be liable to repay such amount to
the Secretary, except that the Secretary may waive such
repayment if the Secretary determines, in accordance with
guidelines prescribed by the Secretary, that--
``(A) the payment was made without fault on the
part of such person; and
``(B) requiring such repayment would be contrary to
equity and good conscience.
``(2) Recovery of overpayment.--Unless an overpayment is
otherwise recovered, or waived under paragraph (1), the
Secretary shall recover the overpayment by deductions from any
sums payable to such person under this chapter.
``(b) False Statements.--If the Secretary, or a court of competent
jurisdiction, determines that a person--
``(1) knowingly has made, or caused another to make, a
false statement or representation of a material fact, or
``(2) knowingly has failed, or caused another to fail, to
disclose a material fact,
and, as a result of such false statement or representation, or of such
nondisclosure, such person has received any payment under this chapter
to which the person was not entitled, such person shall, in addition to
any other penalty provided by law, be ineligible for any further
payments under this chapter.
``(c) Notice and Determination.--Except for overpayments determined
by a court of competent jurisdiction, no repayment may be required, and
no deduction may be made, under this section until a determination
under subsection (a)(1) by the Secretary has been made, notice of the
determination and an opportunity for a fair hearing thereon has been
given to the person concerned, and the determination has become final.
``(d) Payment to Treasury.--Any amount recovered under this section
shall be returned to the Treasury of the United States.
``(e) Penalties.--Whoever makes a false statement of a material
fact knowing it to be false, or knowingly fails to disclose a material
fact, for the purpose of obtaining or increasing for himself or for any
other person any payment authorized to be furnished under this chapter
shall be fined not more than $10,000 or imprisoned for not more than 1
year, or both.
``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated and
there are appropriated to the Department of Agriculture not to exceed
$100,000,000 for each of the fiscal years 2002 through 2006 to carry
out the purposes of this chapter.
``(b) Proportionate Reduction.--If in any year, the amount
appropriated under this chapter is insufficient to meet the
requirements for adjustment assistance payable under this chapter, the
amount of assistance payable under this chapter shall be reduced
proportionately.''.
(b) Conforming Amendment.--The table of contents for title II of
the Trade Act of 1974 is amended by inserting after the items relating
to chapter 5 the following:
``Chapter 6--Adjustment Assistance for Farmers
``Sec. 291. Definitions.
``Sec. 292. Petitions; group eligibility.
``Sec. 293. Determinations by Secretary.
``Sec. 294. Study by Secretary when International Trade Commission
begins investigation.
``Sec. 295. Benefit information to agricultural commodity producers.
``Sec. 296. Qualifying requirements for agricultural commodity
producers.
``Sec. 297. Fraud and recovery of overpayments.
``Sec. 298. Authorization of appropriations.''. | Trade Adjustment Assistance for Farmers Act - Amends the Trade Act of 1974 to authorize a group of agricultural commodity producers to petition the Secretary of Agriculture for a certification of eligibility to apply for trade adjustment assistance. Requires the Secretary to determine whether the petitioning group meets certain requirements and, if so, to issue such a certification.Requires the International Trade Commission to notify the Secretary immediately whenever it begins an investigation into whether an agricultural commodity is being imported into the United States in such increased quantities as to be a substantial cause or threat of serious injury to a domestic industry producing an agricultural commodity like or directly competitive with the imported agricultural commodity.Directs the Secretary to provide agricultural commodity producers with information about trade adjustment assistance petition and application procedures, benefit allowances, training, and other employment services.Sets forth certain eligibility requirements for the payment of trade adjustment assistance to adversely affected agricultural commodity producers. Limits to $10,000 the maximum annual amount of cash benefits a producer may receive.Provides for the repayment and recovery of overpayments of trade adjustment assistance made to such producers due to fraud. Sets forth penalties for such fraud. | {"src": "billsum_train", "title": "A bill to amend the Trade Act of 1974 to provide trade adjustment assistance to farmers."} | 3,409 | 241 | 0.546296 | 1.401257 | 0.760021 | 2.586854 | 14.99061 | 0.868545 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) United States workers employed at nearly 2,600 marine
facilities and onboard nearly 13,000 United States-flag vessels
are required to carry a Transportation Worker Identification
Credential (TWIC) under the Maritime Transportation Security
Act of 2002 (MTSA). Department of Homeland Security (DHS)
regulations require merchant mariners who hold a Coast Guard-
issued Merchant Mariner Credential (MMC) and individuals who
require unescorted access to secure areas of MTSA-regulated
vessels and facilities to carry a TWIC.
(2) To date, nearly two million transportation workers have
applied for and received a TWIC. Applicants must pay $132.50 to
obtain the TWIC, and make two or more trips to an enrollment
center to apply for, and then to pick up and activate, their
TWIC.
(3) A TWIC is valid for a maximum of five years, at which
time the cardholder must request issuance of a new card. This
process requires workers to make an additional two or more
trips to the enrollment center and again pay $132.50 to receive
a new card.
(4) In addition to the cost of the card, workers face the
burden of making two or more time-consuming and often expensive
round trips to a TWIC enrollment center. In many instances, the
nearest enrollment center is hundreds of miles from a worker's
home.
(5) The TWIC enrollment process requiring two or more round
trips to an enrollment center is not mandated by statute or by
regulation. The process is driven by a DHS policy decision to
align the requirements for TWIC issuance with standards for
Personal Identity Verification (PIV) for Federal employees and
contractors. These standards are contained in Federal
Information Processing Standard Publication 201 (FIPS-201).
(6) While DHS has made the policy decision to generally
align the TWIC enrollment process with the FIPS-201 standard,
the Department may elect to deviate from this standard in
instances where it believes an alternative approach is more
appropriate for the TWIC program.
(7) Unlike other Government-issued credentials that adhere
to the FIPS-201 standard, the TWIC is effectively a work permit
for a highly-mobile private sector workforce.
(8) Possession of a TWIC does not allow a TWIC holder to
gain unescorted access to secure areas of MTSA-regulated
vessels and facilities unless the TWIC holder is authorized to
do so under a Coast Guard-approved vessel or facility security
plan.
(9) DHS has the statutory authority and regulatory
flexibility to develop an alternative process for TWIC
enrollment and issuance that does not require applicants to
make multiple trips to a TWIC enrollment center.
(10) Other secure Government-issued identity documents,
including United States passports, can be distributed to
applicants by mail.
(11) Congress mandated the issuance of a final rule setting
forth requirements for TWIC biometric readers no later than two
years after the TWIC pilot began, which would have been August
2010; such a final rule has to date not been issued.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) to avoid further imposing unnecessary and costly
regulatory burdens on United States workers and businesses, it
is urgent that the TWIC application process be reformed by not
later than the end of 2012, when hundreds of thousands of
current TWIC holders will begin to face the requirement to
renew their TWICs;
(2) the Secretary of Homeland Security should promulgate
final regulations that require the deployment of TWIC readers
as soon as practicable, in order to ensure the TWIC program
realizes its intended security purpose; and
(3) funds, which have been awarded under the Port Security
Grant Program for the purpose of funding TWIC projects, shall
not expire before the issuance of the final TWIC reader rule.
SEC. 3. TWIC APPLICATION REFORM.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall reform the process for the
enrollment, activation, issuance, and renewal of a Transportation
Worker Identification Credential (TWIC) to require, in total, not more
than one in-person visit to a designated enrollment center except in
cases in which there are extenuating circumstances, as determined by
the Secretary, requiring more than one such in-person visit.
Passed the House of Representatives June 28, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Expresses the sense of Congress that: (1) it is urgent that the Transportation Worker Identification Credential (TWIC) application process be reformed by the end of 2012, (2) the Secretary of Homeland Security (DHS) should promulgate final regulations to require the deployment of TWIC readers as soon as practicable to ensure security, and (3) Port Security Grant Program funds for TWIC projects shall not expire before issuance of the final TWIC reader rule.
Directs the Secretary to reform the process for the enrollment, activation, issuance, and renewal of a TWIC to require not more than one in-person visit to a designated enrollment center, except in cases in which there are extenuating circumstances requiring more than one such in-person visit. | {"src": "billsum_train", "title": "To direct the Secretary of Homeland Security to reform the process for the enrollment, activation, issuance, and renewal of a Transportation Worker Identification Credential (TWIC) to require, in total, not more than one in-person visit to a designated enrollment center."} | 990 | 167 | 0.511728 | 1.596123 | 0.657459 | 5.478873 | 6.394366 | 0.985915 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumers Rebate to ban Emissions
and Boost AlTernative Energy Act'' or the ``Consumers REBATE Act''.
SEC. 2. EXCISE TAX ON CARBON DIOXIDE CONTENT OF COAL, OIL, AND NATURAL
GAS.
(a) In General.--The Internal Revenue Code of 1986 is amended by
adding at the end the following:
``Subtitle L--Carbon Dioxide Content of Coal, Oil, and Natural Gas
``Sec. 9901. Imposition of tax.
``Sec. 9902. Carbon equivalency fee.
``Sec. 9903. Definitions.
``Sec. 9904. Special rules.
``SEC. 9901. IMPOSITION OF TAX.
``(a) In General.--There is hereby imposed a tax on producing at
the wellhead or mine in the United States, or importing, a taxable
carbon substance.
``(b) Rate of Tax.--
``(1) In general.--The tax imposed under subsection (a)
shall be the applicable amount per ton of carbon dioxide
content of the life-cycle emissions from the taxable carbon
substance.
``(2) Applicable amount.--For purposes of paragraph (1)--
``(A) For calendar year 2016, the term `applicable
amount' means $15.
``(B) For a calendar year after 2016, the term
`applicable amount' means the amount in effect under
subparagraph (A) for the preceding calendar plus $15.
``(3) Target attainment year.--
``(A) In general.--For any calendar year that is a
target attainment year, paragraph (2)(B) shall be
applied by substituting `zero dollars' for `$15'.
``(B) Target attainment year.--For purposes of
subparagraph (A), the term `target attainment year'
means any calendar year for which the Secretary of the
Treasury, in consultation with the Administrator of the
Environmental Protection Agency, determines that the
life-cycle emissions from taxable carbon substances in
the United States is 50 percent of the life-cycle
emissions from taxable carbon substances in the United
States in 2005. Each determination under the preceding
year shall be made not later than 180 days before the
beginning of the calendar year to which it relates.
``(c) By Whom Paid.--The tax imposed by subsection (a) shall be
paid by the producer, miner, or importer of the taxable carbon
substance.
``(d) Regulations.--The Secretary shall issue such regulations as
may be necessary or appropriate to carry out this subtitle, including
regulations relating to the timely and efficient issuance of permits
and collection of payments for such permits.
``SEC. 9902. CARBON EQUIVALENCY FEE.
``(a) Purpose.--The purpose of this section is to ensure the
environmental effectiveness of this subtitle.
``(b) Imports.--The Secretary shall impose carbon equivalency fees
to be collected by the Commissioner responsible for U.S. Customs and
Border Control on imports of goods containing or produced using a
taxable carbon substance. The amount of the carbon equivalency fee with
respect to the import of any good shall be equal to the cost that
domestic producers of a comparable good incur as a result of--
``(1) the tax imposed under section 9901, and
``(2) carbon equivalency fees imposed under this subsection
on any goods used in the production of such good.
``(c) Expiration.--This section shall cease to have effect at such
time as and to the extent that--
``(1) an international agreement requiring countries that
emit carbon dioxide or produce goods containing or using
taxable carbon substances to adopt equivalent measures comes
into effect, or
``(2) the country of export has implemented equivalent
measures, as determined by the Secretary, in consultation with
the Secretary of State.
``SEC. 9903. DEFINITIONS.
``For purposes of this subtitle--
``(1) Taxable carbon substance.--The term `taxable carbon
substance' means--
``(A) coal,
``(B) oil, and
``(C) natural gas.
``(2) Coal.--The term `coal' includes lignite, anthracite,
bituminous, subbituminous, peat or other forms of what is
commonly referred to as coal produced from a mine.
``(3) Oil.--The term `oil' includes crude oil condensates,
natural gasoline, shale oil, any bitumen or bituminous mixture,
any oil derived from a bitumen or bituminous mixture, and any
oil derived from kerogen-bearing sources.
``(4) Natural gas.--The term `natural gas' means either
natural gas unmixed, or any mixture of natural and artificial
gas.
``(5) Life-cycle emissions.--The term `life-cycle
emissions' means total life-cycle emissions of carbon dioxide
from a taxable carbon substance which shall be determined by
the Administrator of the Environmental Protection Agency.
``(6) United states.--The term `United States' means the
States, and territory or possession of the United States, and
the District of Columbia.
``SEC. 9904. SPECIAL RULES.
``(a) Export.--For purposes of this subtitle--
``(1) In general.--No tax shall be imposed under section
9901 on the production or mining of a taxable carbon substance
which is intended for export, including the sale or resale by a
purchaser to a second purchaser for export.
``(2) Proof of export required.--Rules similar to the rules
of section 4221(b) shall apply for purposes of paragraph (1).
``(3) Credit or refund where tax paid.--
``(A) In general.--Except as provided in
subparagraph (B), if--
``(i) tax under section 9901 was paid with
respect to any taxable carbon substance, and
``(ii)(I) such substance was exported by
any person, or
``(II) such substance was used as a
material in the manufacture or production of a
substance which was exported by any person and
which, at the time of export, was a taxable
carbon substance (as defined in section
9902(1)),
credit or refund (without interest) of such tax shall
be allowed or made to the person who paid such tax.
``(B) Condition to allowance.--No credit or refund
shall be allowed or made under subparagraph (A) unless
the person who paid the tax establishes that he--
``(i) has repaid or agreed to repay the
amount of the tax to the person who exported
the taxable chemical or taxable substance (as
so defined), or
``(ii) has obtained the written consent of
such exporter to the allowance of the credit or
the making of the refund.
``(4) Refunds directly to exporter.--The Secretary shall
provide, in regulations, the circumstances under which a credit
or refund (without interest) of the tax under section 9901
shall be allowed or made to the person who exported the taxable
carbon substance, where--
``(A) the person who paid the tax waives his claim
to the amount of such credit or refund, and
``(B) the person exporting the taxable carbon
substance provides such information as the Secretary
may require in such regulations.
``(5) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection.''.
(b) Quarterly Payments to Eligible Individuals.--
(1) In general.--From amounts deposited in the Treasury of
the United States pursuant to section 9901 of the Internal
Revenue Code of 1986, the Secretary shall make a payment for
each calendar quarter to each eligible individual.
(2) Quarterly payment.--For purposes of paragraph (1), the
amount of each payment with respect to an eligible individual
shall be the amount determined by the Secretary by dividing--
(A) for the years 2017 through 2026--
(i) the total amount deposited in the
Treasury of the United States pursuant to
section 9901 of the Internal Revenue Code of
1986 for the preceding calendar quarter, by
(ii) the total number of eligible
individuals for such preceding calendar
quarter, and
(B) for year 2027 and subsequent years--
(i) the smaller of--
(I) the average of the total
amounts deposited in the Treasury of
the United States pursuant to section
9901 of the Internal Revenue Code of
1986 for the four quarters of 2026, and
(II) the total amount deposited in
the Treasury of the United States
pursuant to section 9901 of the
Internal Revenue Code of 1986 for the
preceding calendar quarter, by
(ii) the total number of eligible
individuals for such preceding calendar
quarter.
(3) Eligible individual.--For purposes of this subsection,
the term ``eligible individual'' means, with respect to any
quarter, any individual with a valid social security number
(other than a nonresident undocumented individual) who is
lawfully present in the United States for such quarter, as
determined and verified by the Secretary in consultation with
any other Federal entity the Secretary determines appropriate.
(4) United states.--For purposes of this subsection, the
term ``United States'' means the States, and territory or
possession of the United States, and the District of Columbia.
(c) Conforming and Clerical Amendments.--
(1) The table of subtitles for the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Subtitle L. Carbon Dioxide Content of Coal, Oil, and Natural Gas''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2017. | Consumers Rebate to ban Emissions and Boost AlTernative Energy Act or the Consumers REBATE Act This bill amends the Internal Revenue Code to impose as of January 1, 2017, an excise tax on the production or importation of a taxable carbon substance (i.e., coal, oil, and natural gas), payable by the producer, miner, or importer of such substance. The tax does not apply to exports of a taxable carbon substance. The bill requires the Department of the Treasury to: (1) impose carbon equivalency fees on imports of goods containing or produced using a taxable carbon substance; and (2) make quarterly payments, from the amounts deposited pursuant to imposition of the carbon excise tax, to lawful residents of the United States with a valid social security number. | {"src": "billsum_train", "title": "Consumers REBATE Act"} | 2,249 | 184 | 0.544042 | 1.498553 | 0.680921 | 3.635135 | 13.527027 | 0.905405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Environmental
Protection Act''.
TITLE I--REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT
OF ENVIRONMENTAL PROTECTION
SEC. 101. REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS
DEPARTMENT OF ENVIRONMENTAL PROTECTION.
(a) Redesignation.--The Environmental Protection Agency is
redesignated as the Department of Environmental Protection (hereinafter
in this Act referred to as the ``Department''), and shall be an
executive department in the executive branch of the Government. The
Department shall be headquartered at the seat of Government. The
official acronym of the Department shall be ``D.E.P.''.
(b) Secretary of the Environment.--(1) There shall be at the head
of the Department a Secretary of Environmental Protection (hereinafter
in this Act referred to as the ``Secretary'') who shall be appointed by
the President, by and with the advice and consent of the Senate.
(2) Office of the Secretary.--The Office of the Secretary shall
consist of the Secretary and the Deputy Secretary appointed under
subsection (d), and may include an Executive Secretary.
(c) Transfer.--The functions, powers, and duties of the
Administrator, other officers and employees of the Environmental
Protection Agency, and the various offices and agencies of the
Environmental Protection Agency are transferred to and vested in the
Secretary.
(d) Deputy Secretary.--There shall be in the Department a Deputy
Secretary of Environmental Protection, who shall be appointed by the
President, by and with the advice and consent of the Senate. The Deputy
Secretary shall perform such functions as the Secretary shall
prescribe, and shall act as the Secretary during the absence or
disability of the Secretary or in the event of a vacancy in the Office
of the Secretary.
(e) Delegation of Authority.--Except as provided in this Act and
other existing laws, the Secretary may delegate any functions,
including the making of regulations, to such officers and employees of
the Department as the Secretary may designate, and may authorize such
successive redelegations of such functions within the Department as the
Secretary considers to be necessary or appropriate.
SEC. 102. ASSISTANT SECRETARIES.
(a) Establishment of Positions.--There shall be in the Department
such number of Assistant Secretaries, not to exceed 10, as the
Secretary shall determine, each of whom--
(1) shall be appointed by the President, by and with the
advice and consent of the Senate; and
(2) shall perform such functions as the Secretary shall
prescribe.
(b) Functions.--The Secretary shall assign to each Assistant
Secretary of the Department such functions as the Secretary considers
appropriate.
(c) Designation of Functions Prior to Confirmation.--Whenever the
President submits the name of an individual to the Senate for
confirmation as an Assistant Secretary under this section, the
President shall state the particular functions of the Department (as
assigned by the Secretary under subsection (b)) such individual will
exercise upon taking office.
SEC. 103. DEPUTY ASSISTANT SECRETARIES.
(a) Establishment of Positions.--There shall be in the Department
20 Deputy Assistant Secretaries, or such number as the Secretary
determines is appropriate.
(b) Appointments.--Each Deputy Assistant Secretary--
(1) shall be appointed by the Secretary; and
(2) shall perform such functions as the Secretary shall
prescribe.
(c) Career Senior Executive Service.--At least one-half of
positions established under subsection (a) and filled by subsection (b)
shall be in the career Senior Executive Service.
(d) Functions.--Functions assigned to an Assistant Secretary under
section 102(b) may be performed by one or more Deputy Assistant
Secretaries appointed to assist such Assistant Secretary.
SEC. 104. OFFICE OF THE GENERAL COUNSEL.
(a) General Counsel.--There shall be in the Department the Office
of the General Counsel. There shall be at the head of such office a
General Counsel who shall be appointed by the President, by and with
the advice and consent of the Senate. The General Counsel shall be the
chief legal officer of the Department and shall provide legal
assistance to the Secretary concerning the programs and policies of the
Department.
(b) Deputy General Counsel.--There shall be in the Office of the
General Counsel at least one Deputy General Counsel, who--
(1) shall be appointed by the General Counsel; and
(2) shall perform such functions as the Secretary shall
prescribe.
SEC. 105. OFFICE OF INSPECTOR GENERAL.
The Office of Inspector General of the Environmental Protection
Agency, established in accordance with the Inspector General Act of
1978 (5 U.S.C. App.), is redesignated as the Office of Inspector
General of the Department of Environmental Protection.
SEC. 106. REGIONAL ADMINISTRATORS.
There shall be in the Department not more than 11 regional
administrators, each of whom shall be appointed by the Secretary.
Political affiliation or political qualification may not be the primary
factor taken into account in connection with the appointment of any
person to a position as a regional administrator of the Department.
Each regional administrator shall--
(1) perform in accordance with applicable law such of the
functions transferred or delegated to or vested in the
Secretary as the Secretary shall prescribe in accordance with
the provisions of this Act and other applicable law; and
(2) implement program policies and priorities as
established by the Secretary, Assistant Secretaries, and Deputy
Secretaries.
SEC. 107. CONTINUING PERFORMANCE OF FUNCTIONS.
(a) Redesignation of Positions.--(1) The Administrator of the
Environmental Protection Agency is redesignated as the Secretary of the
Department of Environmental Protection.
(2) The Deputy Administrator of such agency is redesignated as the
Deputy Secretary of the Department of Environmental Protection.
(3) Each Assistant Administrator of such agency is redesignated as
an Assistant Secretary of the Department.
(4) The General Counsel of such agency is redesignated as the
General Counsel of the Department.
(5) The Inspector General of such agency is redesignated as the
Inspector General of the Department.
(b) Not Subject to Renomination or Reconfirmation.--An individual
serving at the pleasure of the President in a position that is
redesignated by subsection (a) may continue to serve in and perform
functions of that position after the date of the enactment of this Act
without renomination by the President or reconfirmation by the Senate.
SEC. 108. REFERENCES.
Reference in any other Federal law, Executive order, rule,
regulation, reorganization plan, or delegation of authority, or in any
document--
(1) to the Environmental Protection Agency is deemed to
refer to the Department of Environmental Protection;
(2) to the Administrator of the Environmental Protection
Agency is deemed to refer to the Secretary of Environmental
Protection;
(3) to the Deputy Administrator of the Environmental
Protection Agency is deemed to refer to the Deputy Secretary of
Environmental Protection; and
(4) to an Assistant Administrator of the Environmental
Protection Agency is deemed to refer to the corresponding
Assistant Secretary of the Department of Environmental
Protection who is assigned the functions of that Assistant
Administrator.
SEC. 109. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, grants, contracts,
certificates, licenses, privileges, and other administrative actions--
(1) which have been issued, made, granted or allowed to
become effective by the President, the Administrator or other
authorized official of the Environmental Protection Agency, or
by a court of competent jurisdiction, which relate to functions
of the Administrator or any other officer or agent of the
Environmental Protection Agency actions; and
(2) which are in effect at the time this Act takes effect;
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary, or other authorized official, by a court
of competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected.--This Act shall not affect any
proceeding, proposed rule, or application for any license, permit,
certificate, or financial assistance pending before the Environmental
Protection Agency at the time this Act takes effect, and such
proceedings and applications shall be continued. Orders shall be issued
in such proceedings, appeals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if this Act had not been
enacted, and orders issued in any such proceedings shall continue in
effect until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection prohibits the
discontinuance or modification of any such proceeding under the same
terms and conditions and to the same extent that such proceeding could
have been discontinued or modified if this Act had not been enacted.
(c) Suits Not Affected.--This Act shall not affect suits commenced
before the effective date of this Act, and in all such suits
proceedings shall be had, appeals taken, and judgments rendered in the
same manner and with the same effect as if this Act had not been
enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Environmental Protection Agency, or by or
against any individual in the official capacity of such individual as
an officer of the Environmental Protection Agency, shall be abated by
reason of the enactment of this Act.
(e) Property and Resources.--The contracts, liabilities, records,
property, and other assets and interests of the Environmental
Protection Agency shall, after the effective date of this Act, be
considered to be contracts, liabilities, records, property, and other
assets and interests of the Department.
SEC. 110. CONFORMING AMENDMENTS.
(a) Presidential Succession.--Section 19(d)(1) of title 3, United
States Code, is amended by inserting before the period at the end
thereof the following: ``, Secretary of Environmental Protection''.
(b) Definition of Department in Civil Service Laws.--Section 101 of
title 5, United States Code, is amended by adding at the end thereof
the following:
``The Department of Environmental Protection.''.
(c) Compensation, Level I.--Section 5312 of title 5, United States
Code, is amended by adding at the end thereof the following:
``Secretary of Environmental Protection.''.
(d) Compensation, Level II.--Section 5313 of title 5, United States
Code, is amended by striking ``Administrator of Environmental
Protection Agency'' and inserting in lieu thereof ``Deputy Secretary of
Environmental Protection''.
(e) Compensation, Level IV.--Section 5315 of title 5, United States
Code, is amended--
(1) by striking ``Inspector General, Environmental
Protection Agency'' and inserting in lieu thereof ``Inspector
General, Department of Environmental Protection'';
(2) by striking each reference to an Assistant
Administrator, or Assistant Administrators, of the
Environmental Protection Agency; and
(3) by adding at the end thereof the following:
``Assistant Secretaries, Department of Environmental
Protection.
``General Counsel, Department of Environmental
Protection.''.
(f) Inspector General Act.--The Inspector General Act of 1978 is
amended--
(1) in section 11(1)--
(A) by inserting ``Environmental Protection,''
after ``Energy,''; and
(B) by striking ``Environmental Protection,''; and
(2) in section 11(2)--
(A) by inserting ``Environmental Protection,''
after ``Energy,''; and
(B) by striking ``the Environmental Protection
Agency,''.
SEC. 111. ADDITIONAL CONFORMING AMENDMENTS.
After consultation with the Committee on Government Operations of
the House of Representatives, the Committee on Governmental Affairs of
the Senate, and other appropriate committees of the Congress, the
Secretary shall prepare and submit to the Congress proposed legislation
containing technical and conforming amendments to the laws of the
United States, to reflect the changes made by this Act. Such proposed
legislation shall be submitted not later than 1 year after the
effective date of this Act.
TITLE II--ADMINISTRATIVE PROVISIONS
SEC. 201. ACQUISITION OF COPYRIGHTS AND PATENTS.
The Secretary may acquire any of the following rights if the
property acquired thereby is for use by or for, or useful to, the
Department:
(1) Copyrights, patents, and applications for patents,
designs, processes, and manufacturing data.
(2) Licenses under copyrights, patents, and applications
for patents.
(3) Releases, before suit is brought, for past infringement
of patents or copyrights.
SEC. 202. GIFTS AND BEQUESTS.
The Secretary may accept, hold, administer, and utilize gifts,
bequests, and devises of real or personal property for the purpose of
aiding or facilitating the work of the Department. Gifts, bequests, and
devises of money and proceeds from sales of other property received as
gifts, bequests, or devises shall be deposited in the Treasury and
shall be available for disbursement upon the order of the Secretary.
SEC. 203. OFFICIAL SEAL OF DEPARTMENT.
On and after the effective date of this Act, the seal of the
Environmental Protection Agency, with appropriate changes, shall be the
official seal of the Department, until such time as the Secretary may
cause an official seal to be made for the Department of such design as
the Secretary shall approve.
SEC. 204. USE OF LIKENESS OF OFFICIAL SEAL OF DEPARTMENT.
(a) Display of Seal.--Whoever knowingly displays any printed or
other likeness of the official seal of the Department, or any facsimile
thereof, in or in connection with, any advertisement, poster, circular,
book, pamphlet, or other publication, public meeting, play, motion
picture, telecast, or other production, or on any building, monument,
or stationery, for the purpose of conveying, or in a manner reasonably
calculated to convey, a false impression of sponsorship or approval by
the Government of the United States or by any department, agency, or
instrumentality thereof, shall be fined not more than $250 or
imprisoned not more than 6 months, or both.
(b) Manufacture, Reproduction, Sale, or Purchases for Resale.--
Except as authorized under regulations promulgated by the Secretary and
published in the Federal Register, whoever knowingly manufactures,
reproduces, sells, or purchases for resale, either separately or
appended to any article manufactured or sold, any likeness of the
official seal of the Department or any substantial part thereof (except
for manufacture or sale of the article for the official use of the
Government of the United States), shall be fined not more than $250 or
imprisoned not more than 6 months, or both.
(c) Injunctions.--A violation of subsection (a) or (b) may be
enjoined by an action brought by the Attorney General in the
appropriate district court of the United States. The Attorney General
shall file such an action upon request of the Secretary or any
authorized representative of the Secretary.
SEC. 205. USE OF STATIONERY, PRINTED FORMS, AND SUPPLIES OF
ENVIRONMENTAL PROTECTION AGENCY.
The Secretary shall ensure that, to the extent practicable,
existing stationery, printed forms, and other supplies of the
Environmental Protection Agency are used to carry out functions of the
Department before procuring new stationery, printed forms, and other
supplies for the Department. | TABLE OF CONTENTS:
Title I: Redesignation of Environmental Protection Agency as Department of Environmental Protection
Title II: Administrative Provisions
TABLE OF CONTENTS:
Department of Environmental Protection Act -
Title I: Redesignation of Environmental Protection Agency as Department of Environmental Protection
- Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection appointed by the President, by and with the advice and consent of the Senate.
Title II: Administrative Provisions
- Sets forth administrative provisions applicable to such designation. | {"src": "billsum_train", "title": "Department of Environmental Protection Act"} | 3,496 | 121 | 0.608063 | 1.413184 | 0.559723 | 3.598214 | 28.098214 | 0.866071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Access to Indemnity and
Reimbursement Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Certain small businesses and labor organizations are at
a great disadvantage in terms of expertise and resources when
facing actions brought by the National Labor Relations Board or
by the Occupational Safety and Health Administration.
(2) The attempt to ``level the playing field'' for small
businesses and labor organizations by means of the Equal Access
to Justice Act has proven ineffective and has been
underutilized by these small entities in their actions before
the National Labor Relations Board and before the Occupational
Safety and Health Review Commission.
(3) The greater expertise and resources of the National
Labor Relations Board and the Occupational Safety and Health
Administration as compared with those of small businesses and
labor organizations necessitate a standard that awards fees and
costs to certain small entities when they prevail against the
National Labor Relations Board or against the Occupational
Safety and Health Administration.
(b) Purpose.--It is the purpose of this Act--
(1) to ensure that certain small businesses and labor
organizations will not be deterred from seeking review of, or
defending against, actions brought against them by the National
Labor Relations Board or by the Occupational Safety and Health
Administration because of the expense involved in securing
vindication of their rights;
(2) to reduce the disparity in resources and expertise
between certain small businesses and labor organizations and
the National Labor Relations Board and the Occupational Safety
and Health Administration; and
(3) to make the National Labor Relations Board and the
Occupational Safety and Health Administration more accountable
for their enforcement actions against certain small businesses
and labor organizations by awarding fees and costs to these
entities when they prevail against the National Labor Relations
Board or in proceedings before the Occupational Safety and
Health Review Commission.
SEC. 3. AMENDMENT TO NATIONAL LABOR RELATIONS ACT.
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended
by adding at the end the following:
``SEC. 20. AWARDS OF ATTORNEYS' FEES AND COSTS.
``(a) Administrative Proceedings.--An employer who, or labor
organization that--
``(1) is the prevailing party in an adversary adjudication
conducted by the Board under this or any other Act; and
``(2) had not more than 100 employees and a net worth of
not more than $7,000,000 at the time the adversary adjudication
was initiated,
shall be awarded fees and other expenses as a prevailing party under
section 504 of title 5, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the Board was substantially justified or special circumstances make
an award unjust. For purposes of this subsection, the term `adversary
adjudication' has the meaning given that term in section 504(b)(1)(C)
of title 5, United States Code.
``(b) Court Proceedings.--An employer who, or a labor organization
that--
``(1) is the prevailing party in a civil action, including
proceedings for judicial review of agency action by the Board,
brought by or against the Board, and
``(2) had not more than 100 employees and a net worth of
not more than $7,000,000 at the time the civil action was
filed,
shall be awarded fees and other expenses as a prevailing party under
section 2412(d) of title 28, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the United States was substantially justified or special
circumstances make an award unjust.
``(c) Appeals.--Any appeal of a determination of fees pursuant to
subsection (a) or (b) shall be determined without regard to whether the
position of the United States was substantially justified or special
circumstances make an award unjust.''.
SEC. 4. APPLICABILITY OF NLRA AMENDMENT.
(a) Agency Proceedings.--Subsection (a) of section 20 of the
National Labor Relations Act, as added by section 3 of this Act,
applies to agency proceedings commenced on or after the date of the
enactment of this Act.
(b) Court Proceedings.--Subsection (b) of section 20 of the
National Labor Relations Act, as added by section 3 of this Act,
applies to civil actions commenced on or after the date of the
enactment of this Act.
SEC. 5. AMENDMENT TO OCCUPATIONAL SAFETY AND HEALTH ACT.
The Occupational Safety and Health Act (29 U.S.C. 651 et seq.) is
amended by inserting after section 12 the following:
``SEC. 12A. AWARDS OF ATTORNEYS' FEES AND COSTS.
``(a) Administrative Proceedings.--An employer who--
``(1) is the prevailing party in an adversary adjudication
before the Occupational Safety and Health Review Commission
under this or any other Act, and
``(2) had not more than 100 employees and a net worth of
not more than $7,000,000 at the time the adversary adjudication
was initiated,
shall be awarded fees and other expenses as a prevailing party under
section 504 of title 5, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the Secretary of Labor was substantially justified or special
circumstances make an award unjust. For purposes of this subsection,
the term `adversary adjudication' has the meaning given that term in
section 504(b)(1)(C) of title 5, United States Code.
``(b) Court Proceedings.--An employer who--
``(1) is the prevailing party in a civil action, including
proceedings for judicial review of an action by the
Occupational Safety and Health Review Commission, brought by or
against the Secretary or the Commission, and
``(2) had not more than 100 employees and a net worth of
not more than $7,000,000 at the time the civil action was
filed,
shall be awarded fees and other expenses as a prevailing party under
section 2412(d) of title 28, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the United States was substantially justified or special
circumstances make an award unjust.
``(c) Appeals.--Any appeal of a determination of fees pursuant to
subsection (a) or (b) shall be determined without regard to whether the
position of the United States was substantially justified or special
circumstances make an award unjust.''.
SEC. 6. APPLICABILITY OF OSHA AMENDMENT.
(a) Agency Proceedings.--Subsection (a) of section 12A of the
Occupational Safety and Health Act, as added by section 5 of this Act,
applies to agency proceedings commenced on or after the date of
enactment of this Act.
(b) Court Proceedings.--Subsection (b) of section 12A of the
Occupational Safety and Health Act, as added by section 5 of this Act,
applies to civil actions commenced on or after the date of enactment of
this Act. | Fair Access to Indemnity and Reimbursement Act - Amends the National Labor Relations Act and the Occupational Safety and Health Act to allow the recovery of attorney's fees and costs by certain employers and labor organizations who are prevailing parties in administrative proceedings brought against them by the National Labor Relations Board (NLRB) or before the Occupational Safety and Health Review Commission (OSHRC) or in court proceedings brought by or against the NLRB or OSHRC. Requires that such employers or labor organizations have not more than 100 employees and a net worth of not more than $7 million at the time of such proceedings. Provides for such recovery without regard to whether the position of the NLRB, the Secretary of Labor, or a court was substantially justified or special circumstances make an award unjust. | {"src": "billsum_train", "title": "Fair Access to Indemnity and Reimbursement Act"} | 1,588 | 175 | 0.53769 | 1.705007 | 0.752123 | 3.619048 | 9.802721 | 0.829932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowners Access to Visitability
Enhancements (HAVE) Act of 2016''.
SEC. 2. VISITABLE HOMES GRANTS.
(a) Authority.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
may make grants to low-income families to provide assistance with
obtaining residences that are visitable for individuals.
(b) Eligible Activities.--Amounts from a grant made under this
section may be used only for the following activities:
(1) Acquiring a visitable residence that has never
previously been occupied.
(2) Constructing a visitable residence.
(3) Retrofitting an existing residence to make such
residence visitable.
(4) Renovating an existing residence to make such residence
visitable.
(c) Limitations.--
(1) Amount.--A grant under this section may not exceed
$5,000.
(2) Renewal.--Not more than one grant may be made under
this section with respect to any single residence.
(3) Primary residence.--A grant under this section may be
used only for a residence that serves as the primary residence
of the grantee, and the Secretary shall require a grantee to
provide such assurances as may be necessary to ensure
compliance with this paragraph.
(4) Recapture of unused amounts.--If a grantee fails to use
any amount of the grant awarded under this section before the
expiration of the 1-year period beginning on the first
disbursement of any such amounts to the grantee, the Secretary
shall--
(A) recapture the unused amounts; and
(B) make such amounts available for grants under
this section.
(d) Applications.--To be eligible for a grant under this section, a
low-income family shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require, including--
(1) a description of the manner in which grant funds will
be used to accomplish an eligible activity under subsection
(b); and
(2) an explanation of how such use will cause the residence
of such family to meet the visitability standards identified in
subsection (f)(4).
(e) Reporting.--
(1) Secretary.--The Secretary shall submit to Congress a
biennial report regarding the progress and effectiveness of the
grant program.
(2) Grantees.--The Secretary shall require each grantee to
submit such information as the Secretary considers necessary to
ensure compliance with this Act and to enable the Secretary to
comply with the requirement under paragraph (1).
(f) Definitions.--For purposes of this section:
(1) Low-income family.--The term ``low income family'' has
the meaning given such term in section 3(b)(2) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).
(2) Residence.--The term ``residence'' means any dwelling
unit, including a dwelling unit that is a single-family
residence or a dwelling unit in a multiple-family residence,
that--
(A) is owned by the grantee or a member of the
grantee's household; or
(B) will be owned by the grantee, or a member of
the grantee's household, during the residency of the
grantee in accordance with subsection (c)(3).
Such term includes a dwelling unit in a condominium or
cooperative development owned by the grantee or a member of the
grantee's household. Such term does not include any dwelling
unit that is subject to a lease.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(4) Visitable.--The term ``visitable'' means, with respect
to a residence, that the residence complies with the most
current version of the visitability standards set forth in
Standard A117.1-2009 of the International Code Council/American
National Standards Institute, entitled ``Accessible and Usable
Buildings and Facilities'' (or any successor standard).
(g) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall issue any regulations
necessary to carry out this section.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this Act $50,000,000 for each of fiscal years 2017 to
2022.
(2) Allocation.--Of the amounts appropriated pursuant to
paragraph (1) for each fiscal year--
(A) 50 percent shall be used for grants for the
eligible activities under paragraphs (1) and (2) of
subsection (b); and
(B) 50 percent shall be used for grants for the
eligible activities under paragraphs (3) and (4) of
subsection (b). | Homeowners Access to Visitability Enhancements (HAVE) Act of 2016 This bill authorizes the Department of Housing and Urban Development to make grants to low-income families to assist them in obtaining residences that are visitable for individuals. A residence shall be "visitable" if it complies with the most current version of the visitability standards of the International Code Council/American National Standards Institute. Amounts from such grants may be used only for: acquiring a visitable residence that has never previously been occupied, constructing a visitable residence, and retrofitting or renovating an existing residence to make it visitable. | {"src": "billsum_train", "title": "Homeowners Access to Visitability Enhancements (HAVE) Act of 2016"} | 1,068 | 143 | 0.663284 | 1.934461 | 0.661931 | 4.333333 | 8.648649 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Democracy Act''.
SEC. 2. STREAMLINING CERTIFICATION FOR LABOR ORGANIZATIONS.
(a) In General.--Section 9(c) of the National Labor Relations Act
(29 U.S.C. 159(c)) is amended by adding at the end the following:
``(6) Notwithstanding any other provision of this section, whenever
a petition shall have been filed by an employee or group of employees
or any individual or labor organization acting in their behalf alleging
that a majority of employees in a unit appropriate for the purposes of
collective bargaining wish to be represented by an individual or labor
organization for such purposes, the Board shall investigate the
petition. If the Board finds that a majority of the employees in a unit
appropriate for bargaining has signed valid authorizations designating
the individual or labor organization specified in the petition as their
bargaining representative and that no other individual or labor
organization is currently certified or recognized as the exclusive
representative of any of the employees in the unit, the Board shall not
direct an election but shall certify the individual or labor
organization as the representative described in subsection (a).
``(7) The Board shall develop guidelines and procedures for the
designation by employees of a bargaining representative in the manner
described in paragraph (6). Such guidelines and procedures shall
include--
``(A) model collective bargaining authorization language
that may be used for purposes of making the designations
described in paragraph (6); and
``(B) procedures to be used by the Board to establish the
validity of signed authorizations designating bargaining
representatives.''.
(b) Conforming Amendments.--
(1) National labor relations board.--Section 3(b) of the
National Labor Relations Act (29 U.S.C. 153(b)) is amended, in
the second sentence--
(A) by striking ``and to'' and inserting ``to'';
and
(B) by striking ``and certify the results
thereof,'' and inserting ``, and to issue
certifications as provided for in that section,''.
(2) Unfair labor practices.--Section 8(b) of the National
Labor Relations Act (29 U.S.C. 158(b)) is amended--
(A) in paragraph (7)(B) by striking ``, or'' and
inserting ``or a petition has been filed under section
9(c)(6), or''; and
(B) in paragraph (7)(C) by striking ``when such a
petition has been filed'' and inserting ``when such a
petition other than a petition under section 9(c)(6)
has been filed''.
SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
``(h) Whenever collective bargaining is for the purpose of
establishing an initial agreement following certification or
recognition, the provisions of subsection (d) shall be modified as
follows:
``(1) Not later than 10 days after receiving a written
request for collective bargaining from an individual or labor
organization that has been newly organized or certified as a
representative as defined in section 9(a), or within such
further period as the parties agree upon, the parties shall
meet and commence to bargain collectively and shall make every
reasonable effort to conclude and sign a collective bargaining
agreement.
``(2) If after the expiration of the 90-day period
beginning on the date on which bargaining is commenced, or such
additional period as the parties may agree upon, the parties
have failed to reach an agreement, either party may notify the
Federal Mediation and Conciliation Service of the existence of
a dispute and request mediation. Whenever such a request is
received, it shall be the duty of the Service promptly to put
itself in communication with the parties and to use its best
efforts, by mediation and conciliation, to bring them to
agreement.
``(3) If after the expiration of the 30-day period
beginning on the date on which the request for mediation is
made under paragraph (2), or such additional period as the
parties may agree upon, the Service is not able to bring the
parties to agreement by conciliation, the Service shall refer
the dispute to an arbitration board established in accordance
with such regulations as may be prescribed by the Service. The
arbitration panel shall render a decision settling the dispute
and such decision shall be binding upon the parties for a
period of 2 years, unless amended during such period by written
consent of the parties.''. | Workplace Democracy Act This bill amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify without an election an individual or labor organization as the exclusive representative of the employees in a unit appropriate for bargaining if a majority of the employees has signed valid authorizations designating the individual or labor organization specified in a properly filed petition as their bargaining representative and no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit. The NLRB shall develop guidelines and procedures for the designation by employees of a bargaining representative. Deadlines are prescribed for critical turns in collective bargaining to establish an initial agreement upon the request of an individual or labor organization that has been newly organized or certified as a representative. The first meeting shall convene within 10 days after the employer receives a request. Either party to a negotiation may, 90 days after commencement, notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. The Service shall refer the dispute to an arbitration board if the parties are not brought to agreement within 30 days after the request for mediation. | {"src": "billsum_train", "title": "Workplace Democracy Act"} | 1,023 | 248 | 0.617929 | 1.839023 | 0.787459 | 4.235023 | 4.345622 | 0.907834 |
SECTION 1. PURPOSES AND DEFINITIONS.
(a) Purposes.--The purposes of this Act are--
(1) to direct the conveyance of approximately 44 acres,
more or less, of federally owned land administered by the
Agricultural Research Service to the City of Ames, Iowa; and
(2) to authorize the use of the funds derived from the
conveyance to purchase replacement land and for other purposes
relating to the National Animal Disease Center.
(b) Definitions.--In this Act:
(1) City.--The term ``City'' means the City of Ames, Iowa,
and its assigns.
(2) Property.--The term ``Property'' means approximately 44
acres, more or less, of the federally owned land comprising
part of the National Animal Disease Center, which--
(A) was acquired by the United States in 1951
within sec. 1, T. 83 N., R. 24 W., Fifth Principal
Meridian; and
(B) is generally located on 13th Street in the
City.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 2. PROPERTY CONVEYANCE.
(a) In General.--On receipt of the consideration and cost
reimbursement provided in this Act, the Secretary shall convey and
quitclaim to the City, all rights, title, and interests of the United
States in the Property subject to easements and rights of record and
such other reservations, terms, and conditions as the Secretary may
prescribe.
(b) Consideration.--
(1) In general.--As consideration for the conveyance
authorized by this Act, the City shall pay to the Secretary an
amount in cash equal to the market value of the Property.
(2) Appraisal.--
(A) In general.--To determine the market value of
the Property, the Secretary shall have the Property
appraised for the highest and best use of the Property
in conformity with the Uniform Appraisal Standards for
Federal Land Acquisitions developed by the Interagency
Land Acquisition Conference.
(B) Requirements.--The appraisal shall be subject
to review and approval by the Secretary, and the
approved appraisal shall at all times be the Property
of the United States.
(c) Corrections.--With the agreement of the City, the Secretary may
make minor corrections or modifications to the legal description of the
Property or configure the Property to facilitate conveyance.
(d) Costs.--
(1) In general.--Except as provided in paragraph (2), the
City shall at closing pay or reimburse the Secretary, as
appropriate, for the reasonable transaction and administrative
costs incurred by the Secretary associated with the conveyance
authorized by this Act, including personnel costs directly
attributable to the transaction, and the transactional costs of
appraisal, survey, title review, hazardous substances
examination, and closing costs.
(2) Attorneys' fees.--The City and the Secretary shall each
bear their own attorneys' fees.
(e) Hazardous Materials.--
(1) In general.--For the conveyance authorized by this Act,
the Secretary shall meet disclosure requirements for hazardous
substances, but shall otherwise not be required to remediate or
abate those substances or any other hazardous pollutants,
contaminants, or waste that might be present on the Property at
the time of closing.
(2) Lead-based paint or asbestos-containing building
materials.--
(A) In general.--Notwithstanding any provision of
law relating to the mitigation or abatement of lead-
based paint or asbestos-containing building materials
and except as provided in subparagraph (B), the
Secretary shall not be required to mitigate or abate
any lead-based paint or asbestos-containing building
materials present on the Property at the time of
closing.
(B) Requirements.--If the Property has lead-based
paint or asbestos-containing building materials, the
Secretary shall--
(i) provide notice to the City of the
presence of the lead-based paint or asbestos-
containing building materials; and
(ii) obtain written assurance from the City
that the City will comply with applicable
Federal, State, and local laws relating to the
management of the lead-based paint and
asbestos-containing building materials.
(f) Other Terms.--The Secretary and the City may agree on such
additional terms as may be mutually acceptable and that are not
inconsistent with the provisions of this Act.
SEC. 3. RECEIPTS.
(a) In General.--The Secretary shall deposit all funds received
from the conveyance authorized under this Act, including the market
value consideration and the reimbursement for costs, into the Treasury
of the United States to be credited to the appropriation for the
Agricultural Research Service.
(b) Use of Funds.--Notwithstanding any limitation in applicable
appropriation Acts for the Department of Agriculture or the
Agricultural Research Service, all funds deposited into the Treasury
pursuant to subsection (a) shall--
(1) be available to the Secretary until expended, without
further appropriation, for the acquisition of land and
interests in land and other related purposes of the National
Animal Disease Center; and
(2) be considered to authorize the acquisition of land for
the purposes of section 11 of the Act of August 3, 1956 (7
U.S.C. 428a). | Requires conveyance of approximately 44 acres of federally owned land administered by the Agricultural Research Service which comprises part of the National Animal Disease Center (the property) in the city of Ames, Iowa, to the city of Ames and its assigns.
Requires the city: (1) to pay to the Secretary of Agriculture (USDA) the market value of the property, to be determined by an appraisal; and (2) at closing, to pay or reimburse the reasonable transaction and administrative costs associated with the conveyance incurred by the Secretary.
Requires the city and the Secretary to bear their own attorneys fees.
Requires the Secretary to meet disclosure requirements for hazardous substances, but to otherwise not be required to remediate or abate such substances or any other hazardous pollutants, contaminants, or waste that might be present on the property at the time of closing. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Agriculture to convey certain Federally owned land located in Story County, Iowa."} | 1,121 | 182 | 0.551706 | 1.861129 | 0.792243 | 4.551515 | 6.321212 | 0.951515 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Energy Workforce Act of
2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the 21st Century
Energy Workforce Advisory Board established under section 3(a).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Minority-serving institution.--The term ``minority-
serving institution'' means an institution of higher education
eligible to receive funds under section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. 21ST CENTURY ENERGY WORKFORCE ADVISORY BOARD.
(a) Establishment.--The Secretary shall establish a board, to be
known as the ``21st Century Energy Workforce Advisory Board'', to
develop a strategy for the support and development of a skilled energy
workforce that--
(1) meets the current and future industry and labor needs
of the energy sector;
(2) provides opportunities for students to become qualified
for placement in traditional energy sector and clean energy
sector jobs;
(3) aligns apprenticeship programs and workforce
development programs to provide industry-recognized
certifications and credentials;
(4) encourages leaders in the education system of the
United States to equip students with the skills, mentorships,
training, and technical expertise necessary to fill the
employment opportunities vital to managing and operating the
energy- and manufacturing-related industries of the United
States;
(5) appropriately supports other Federal agencies;
(6) strengthens and more fully engages workforce training
programs of the Department and the National Laboratories in
carrying out the Minorities in Energy Initiative of the
Department and other Department workforce priorities;
(7) supports the design and replication of existing model
energy curricula, particularly in new and emerging
technologies, that leads to industry-wide credentials;
(8) develops plans to support and retrain displaced and
unemployed energy sector workers; and
(9) makes a Department priority to provide education and
job training to underrepresented groups, including ethnic
minorities, Indian tribes, women, veterans, and
socioeconomically disadvantaged individuals.
(b) Membership.--
(1) In general.--The Board shall be composed of 9 members,
with the initial members of the Board to be appointed by the
Secretary not later than 1 year after the date of enactment of
this Act.
(2) Nominations.--Not later than 1 year after the date of
enactment of this Act, the President's Council of Advisors on
Science and Technology shall nominate for appointment to the
Board under paragraph (1) not fewer than 18 individuals who
meet the qualifications described in paragraph (3).
(3) Qualifications.--Each individual nominated for
appointment to the Board under paragraph (1) shall--
(A) be eminent in the field of economics or
workforce development;
(B) have expertise in relevant traditional energy
industries or clean energy industries;
(C) have expertise in secondary or postsecondary
education;
(D) have expertise in energy workforce development
or apprentice programs of States or units of local
government;
(E) have expertise in relevant organized labor
organizations; or
(F) have expertise in bringing underrepresented
groups, including ethnic minorities, women, veterans,
and socioeconomically disadvantaged individuals, into
the workforce.
(4) Representation.--The membership of the Board shall be
representative of the broad range of the energy industry, labor
organizations, workforce development, education, minority
participation, cybersecurity, and economics disciplines related
to activities carried out under this section.
(5) Limitation.--No individual shall be nominated for
appointment to the Board who is an employee of an entity
applying for a grant under section 4.
(c) Advisory Board Review and Recommendations.--
(1) Determination by board.--In developing the strategy
required under subsection (a), the Board shall--
(A) determine whether there are opportunities to
more effectively and efficiently use the capabilities
of the Department in the development of a skilled
energy workforce;
(B) identify ways in which the Department could
work with other relevant Federal agencies, States,
units of local government, educational institutions,
labor, and industry in the development of a skilled
energy workforce;
(C) identify ways in which the Department and
National Laboratories can--
(i) increase outreach to minority-serving
institutions; and
(ii) make resources available to increase
the number of skilled minorities and women
trained to go into the energy- and
manufacturing-related sectors;
(D) identify ways in which the Department and
National Laboratories can--
(i) increase outreach to displaced and
unemployed energy sector workers; and
(ii) make resources available to provide
training to displaced and unemployed energy
sector workers to reenter the energy workforce;
and
(E) identify the energy sectors in greatest need of
workforce training and develop guidelines for the
skills necessary to develop a workforce trained to work
in those energy sectors.
(2) Required analysis.--In developing the strategy required
under subsection (a), the Board shall analyze the effectiveness
of--
(A) existing Department-directed support; and
(B) developing energy workforce training programs.
(3) Report.--Not later than 1 year after the date on which
the Board is established under this section, and each year
thereafter, the Board shall submit to the Secretary and
Congress, and make public, a report containing, with respect to
the strategy required under subsection (a)--
(A) the findings of the Board; and
(B) model energy curricula.
(d) Report by Secretary.--Not later than 18 months after the date
on which the Board is established under this section, the Secretary
shall submit to the Committee on Appropriations and the Committee on
Energy and Natural Resources of the Senate and the Committee on
Appropriations and the Committee on Energy and Commerce of the House of
Representatives a report that--
(1) describes whether the Secretary approves or disapproves
the recommendations of the Board under subsection (c)(3); and
(2) provides an implementation plan for recommendations
approved by the Board under paragraph (1).
(e) Clearinghouse.--Based on the recommendations of the Board under
subsection (c)(3), the Secretary shall establish a clearinghouse--
(1) to maintain and update information and resources on
training and workforce development programs for energy- and
manufacturing-related jobs; and
(2) to act as a resource, and provide guidance, for
secondary schools, institutions of higher education (including
community colleges and minority-serving institutions),
workforce development organizations, labor management
organizations, and industry organizations that would like to
develop and implement energy- and manufacturing-related
training programs.
(f) Outreach to Minority-Serving Institutions.--In developing the
strategy under subsection (a), the Board shall--
(1) give special consideration to increasing outreach to
minority-serving institutions, including--
(A) part B institutions (as defined in section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061));
(B) Predominantly Black institutions (as defined in
section 371(c) of the Higher Education Act of 1965 (20
U.S.C. 1067q(c)));
(C) Hispanic-serving institutions (as defined in
section 502(a) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a))); and
(D) Tribal Colleges or Universities (as defined in
section 316(b) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)));
(2) make resources available to minority-serving
institutions with the objective of increasing the number of
skilled minorities and women trained to go into the energy and
manufacturing sectors; and
(3) encourage industry to improve the opportunities for
students of minority-serving institutions to participate in
industry internships and cooperative work-study programs.
(g) Sunset.--The Board shall remain in effect until September 30,
2022.
SEC. 4. ENERGY WORKFORCE PILOT GRANT PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of Labor
and the Secretary of Education, shall establish a pilot program to
award grants on a competitive basis to eligible entities for job
training programs that lead to an industry-recognized credential.
(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall be a public or nonprofit organization or a
consortium of public or nonprofit organizations that--
(1) includes an advisory board of proportional
participation, as determined by the Secretary, of relevant
organizations, including--
(A) relevant energy industry organizations,
including public and private employers;
(B) labor organizations;
(C) postsecondary education organizations; and
(D) workforce development boards;
(2) demonstrates experience in implementing and operating
job training and education programs;
(3) demonstrates the ability to recruit and support
individuals who plan to work in the energy industry in the
successful completion of relevant job training and education
programs; and
(4) provides students who complete the job training and
education program with an industry-recognized credential.
(c) Applications.--Eligible entities desiring a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require.
(d) Priority.--In selecting eligible entities to receive grants
under this section, the Secretary shall prioritize applicants that--
(1) house the job training and education programs in--
(A) a community college or other institution of
higher education that includes basic science and math
education in the curriculum of the community college or
other institution of higher education; or
(B) an apprenticeship program registered with the
Department of Labor or a State (as defined in section
202 of the Energy Conservation and Production Act (42
U.S.C. 6802)) (referred to in this section as a
``State'');
(2) work with the Secretary of Defense and the Secretary of
Veterans Affairs or veteran service organizations recognized by
the Secretary of Veterans Affairs under section 5902 of title
38, United States Code, to transition members of the Armed
Forces and veterans to careers in the energy sector;
(3) work with--
(A) Indian tribes;
(B) tribal organizations (as defined in section
3765 of title 38, United States Code); and
(C) Native American veterans (as defined in section
3765 of title 38, United States Code), including
veterans who are a Descendant of a Native (as defined
in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602));
(4) apply as a State or regional consortia to leverage best
practices already available in the State or region in which the
community college or other institution of higher education is
located;
(5) have a State-supported entity included in the
consortium applying for the grant;
(6) include an apprenticeship program registered with the
Department of Labor or a State as part of the job training and
education program;
(7) provide support services and career coaching;
(8) provide introductory energy workforce development
training;
(9) work with minority-serving institutions to provide job
training to increase the number of skilled minorities and women
in the energy sector; or
(10) provide job training for displaced and unemployed
workers in the energy sector.
(e) Additional Consideration.--In making grants under this section,
the Secretary shall consider regional diversity.
(f) Limitation on Applications.--An eligible entity may not submit,
either individually or as part of a joint application, more than 1
application for a grant under this section during any 1 fiscal year.
(g) Limitations on Amount of Grant.--The amount of an individual
grant for any 1 fiscal year shall not exceed $2,000,000.
(h) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a job
training and education program carried out using a grant under
this section shall be not greater than 65 percent.
(2) Non-federal share.--
(A) In general.--The non-Federal share of the cost
of a job training and education program carried out
using a grant under this section shall consist of not
less than 50 percent cash.
(B) Limitation.--Not greater than 50 percent of the
non-Federal contribution of the total cost of a job
training and education program carried out using a
grant under this section may be in the form of in-kind
contributions of goods or services fairly valued.
(i) Reduction of Duplication.--Prior to submitting an application
for a grant under this section, each applicant shall consult with the
appropriate agencies of the Federal Government and coordinate the
proposed activities of the applicant with existing State and local
programs.
(j) Direct Assistance.--In awarding grants under this section, the
Secretary shall provide direct assistance (including technical
expertise, wraparound services, career coaching, mentorships,
internships, and partnerships) to entities that receive a grant under
this section.
(k) Technical Assistance.--The Secretary shall provide technical
assistance and capacity building to national and State energy
partnerships, including the entities described in subsection (b)(1), to
leverage the existing job training and education programs of the
Department.
(l) Report.--The Secretary shall submit to Congress and make
publicly available on the website of the Department an annual report on
the program established under this section, including a description
of--
(1) the entities receiving grants;
(2) the activities carried out using the grants;
(3) best practices used to leverage the investment of the
Federal Government;
(4) the rate of employment for participants after
completing a job training and education program carried out
using a grant; and
(5) an assessment of the results achieved by the program.
(m) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2018 through 2022. | 21st Century Energy Workforce Act of 2018 This bill directs the Department of Energy (DOE) to establish a 21st Century Energy Workforce Advisory Board to develop a strategy for the support and development of a skilled energy workforce. Based on the board's recommendations, DOE shall establish a clearinghouse to: maintain and update information and resources on training and workforce development programs for energy- and manufacturing-related jobs; and act as a resource and provide guidance for secondary schools, institutions of higher education (including community colleges and minority-serving institutions), and workforce development, labor management, and industry organizations that would like to develop and implement such related training programs. DOE shall also establish a pilot program to award grants on a competitive basis to eligible entities for job training programs that lead to an industry-recognized credential. Grant amounts are limited to $2 million for any one fiscal year. The federal share of the cost of a job training and education program using a grant shall be up to 65%, while the non-federal share may not be less than 50% cash. | {"src": "billsum_train", "title": "21st Century Energy Workforce Act of 2018"} | 3,154 | 232 | 0.6022 | 1.768875 | 0.855732 | 5.134615 | 14.298077 | 0.913462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earning and Living Opportunities
Act''.
SEC. 2. AMENDMENTS.
Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (g), (h), and (i), respectively;
(2) in subsection (g), as so redesignated--
(A) in paragraph (1), by inserting at the end
``Provided, however, that any resident of a public or
Indian housing development or any other person who
qualifies as a low- or very low-income person under the
preference categories set forth in section (c)(1)(B)
shall, for purposes of this statute, continue to
qualify, as initially verified, as a low- or very low-
income person for a period of five years, irrespective
of any increase in the person's income during that
period.''; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) One-stop delivery system.--The term `one-stop
delivery system' has the meaning given that term in section
134(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(c)).''; and
(3) by inserting after subsection (d) the following new
subsections:
``(e) Requirement for Employing Low- and Very Low-Income Persons.--
``(1) Twenty percent requirement.--
``(A) Condition of assistance.--It shall be a
condition of any assistance provided to a public or
Indian housing agency or contract awarded by a public
or Indian housing agency for work to be performed in
connection with development assistance provided from
the capital fund under section 9(d) of the United
States Housing Act of 1937, the operating fund under
section 9(e) of such Act, or any other Federal
assistance for housing and community development that,
except as provided in paragraph 2(B), a minimum of 20
percent of all hours worked by employees of the public
or Indian housing agency or of a contractor in
connection with such contract shall be performed by
low- or very low-income persons hired in accordance
with subsection (c)(1)(B)
``(B) Requirement.--Recipients of Federal housing
and community development assistance for housing
rehabilitation, housing construction, or other public
construction projects and their contractors shall
provide that a minimum of 20 percent of all hours
worked by new employees of the recipient or its
contractors shall be performed by low- or very low-
income persons hired in accordance with subsection
(c)(2)(B).
``(2) Compliance.--As a condition of any contract awarded
for the work described in paragraph (1), any contractor awarded
such a contract shall--
``(A)(i) immediately before beginning work under
such contract, submit evidence to the satisfaction of
the public or Indian housing agency, and the tenant
association (or tenant delegate where a tenant
association does not exist) at the development where
the contracted work is to be done, showing that a
minimum of 20 percent of all hours worked in connection
with such contract shall be performed by low- or very
low-income persons hired in accordance with subsection
(c)(1)(B); and
``(ii) submit evidence to the satisfaction of the
public or Indian housing agency showing that a minimum
of 20 percent of all hours actually worked in
connection with such contract were in fact performed by
low- or very low-income persons hired in accordance
with subsection (c)(1)(B); or
``(B) if such contractor cannot meet the
requirement imposed by paragraph (1)--
``(i) submit evidence to the satisfaction
of the public or Indian housing agency and the
tenant association (or tenant delegate where a
tenant association does not exist) at the
development where the contracted work is to be
done, that such contractor made a best effort
to hire low- and very low-income persons in
conformance with subsection (c)(1)(B) by taking
steps which include--
``(I) recruiting and conducting job
interviews at the affected development
and in the affected community;
``(II) working with the public and
Indian housing agency to advertise and
recruit low- and very low-income
persons; and
``(III) giving notice of such
contract to the one-stop delivery
system for the area which the housing
subject to the contract is located,
including the particular skills,
knowledge, and abilities needed by
potential employees for work under such
contract; and
``(ii) provide to the public or Indian
housing agency and the tenant association (or
tenant delegate where a tenant association does
not exist) at the development where the
contracted work is to be done, evidence, as the
Secretary shall by regulation require,
sufficient to show why low- or very low-income
persons who were provided by either the public
or Indian housing agency or by the one-stop
delivery system, or who otherwise made
themselves available did not have the skills,
knowledge, or abilities to perform the work.
``(3) Training.--Any contractor awarded a contract for the
work described in paragraph (1) shall provide on-the-job
training to any employee who is a low- or very low-income
person and hired in conformance with subsection (c)(1)(B). Such
training may be provided through an approved apprenticeship
program.
``(f) Recruitment, Referral, and Training Requirements.--Public and
Indian housing agencies shall--
``(1) maintain a registry of eligible low- and very low-
income persons who reside in the public housing which is the
site of a contract referred to in this section;
``(2) provide to any contractor and the tenant association
(or tenant delegate where a tenant association does not exist)
at the development where the contracted work is to be done,
awarded such a contract names and applications from low- and
very low-income persons;
``(3) refer any low- or very low-income persons seeking
qualifying skills to the one-stop delivery system for the area
in which the housing subject to a contract is located;
``(4) consult with contractors to ensure that with the
skills, knowledge, and abilities, and in the priority
categories of subsections (c)(1)(B) and (c)(2)(B) low- and very
low-income persons are not passed over in hiring;
``(5) provide to the one-stop delivery system for the area
in which the housing subject to a contract is located a
detailed description of the work to be done on all projects for
which it is accepting, or will be accepting, bids, and a list
of the priority categories, so that eligible low- and very low-
income persons may be appropriately trained; and
``(6) make any other effort that may be necessary to
increase the number of low- and very low-income persons hired
in accordance with subsection (c)(1)(B).''. | Earning and Living Opportunities Act - Amends the Housing and Urban Development Act of 1968 to require as a condition for Federal housing and community development assistance that: (1) a public or Indian housing agency or contractor shall require that at least 20 percent of all employee hours be performed by low- or very low-income persons; and (2) a recipient for housing rehabilitation, housing construction, or other public construction projects or contractor shall require that at least 20 percent of all new employee hours be performed by low- or very low-income persons.Sets forth provisions respecting: (1) contractor compliance and job training; and (2) agency recruitment and referral. | {"src": "billsum_train", "title": "To amend section 3 of the Housing and Urban Development Act of 1968 to ensure improved access to employment opportunities for low-income people."} | 1,508 | 132 | 0.563979 | 1.563415 | 0.671015 | 3.304688 | 11.476563 | 0.945313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Employment Through
Technology Education Courses Act of 2017'' or the ``VET TEC Act of
2017''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY PILOT PROGRAM.
(a) Pilot Program.--The Secretary of Veterans Affairs shall carry
out a pilot program under which the Secretary shall provide eligible
veterans with the opportunity to enroll in high technology programs of
education.
(b) Eligibility.--For purposes of the pilot program under this
section, an eligible veteran is a veteran who is entitled to
educational assistance under the laws administered by the Secretary.
(c) Contracts.--
(1) In general.--For purposes of carrying out subsection
(a), by not later than 180 days after the date of the enactment
of this Act, the Secretary shall, in consultation with the
State approving agencies and as the Secretary considers
applicable, seek to enter into contracts with multiple
qualified providers of high technology programs of education
for the provision of such programs to eligible veterans under
the pilot program.
(2) Payment of contractors.--A contract under this
subsection shall provide that the Secretary shall pay to a
provider--
(A) 25 percent of the cost of providing the program
of education upon the enrollment of an eligible veteran
in the program;
(B) 25 percent of such cost upon the completion of
the program by the veteran; and
(C) 50 percent of such cost upon the employment of
the veteran in a field related to the course of study,
following completion of the program.
(3) Qualified providers.--For purposes of the pilot
program, a provider of a high technology program of education
is qualified if the provider--
(A) has been operational for at least two years and
has offered, for at least two years, the credential it
plans to offer under the pilot program;
(B) verifies, to the satisfaction of the Secretary,
that each credential it plans to offer through the
pilot program has demonstrated market value based on
the employment and earnings of its participants in that
program during the most recent two-year period; and
(C) has the ability to evaluate job placement rates
and earnings through means other than survey data or
self-reported data, such as through agreements with
State or Federal agencies.
(4) Tuition reimbursement.--In entering into contracts to
carry out the pilot program, the Secretary shall give
preference to a qualified provider that offers tuition
reimbursement for any student who--
(A) completes a program of education offered by the
provider; and
(B) does not find full-time meaningful employment
within the 180-day period beginning on the date the
student completes the program.
(5) Limitation on tuition.--In the case of a qualified
provider that is a for-profit organization, the tuition charged
for a high technology program of education under a contract
under this subsection may not exceed 125 percent of the average
tuition charged by nonprofit organizations for similar
programs, as determined by the Secretary.
(6) Removal of contractors.--The Secretary shall remove
from participation in the pilot program any qualified provider
that increases the tuition for a high technology program of
education under a contract under this subsection by more than
10 percent in any year as compared to the previous year.
(d) Housing Stipend.--The Secretary shall pay to each eligible
veteran who is enrolled in a high technology program of education under
the pilot program on a full-time basis a monthly housing stipend equal
to the product--
(1) of--
(A) in the case of a veteran pursuing resident
training, the monthly amount of the basic allowance for
housing payable under section 403 of title 37, United
States Code, for a member with dependents in pay grade
E-5 residing in the military housing area that
encompasses all or the majority portion of the ZIP code
area in which is located the institution at which the
individual is enrolled; or
(B) in the case of a veteran pursuing a program of
education through distance learning, a monthly amount
equal to 50 percent of the amount payable under
subparagraph (A), multiplied by
(2) the lesser of--
(A) 1.0; or
(B) the number of course hours borne by the
individual in pursuit of the program of education
involved, divided by the minimum number of course hours
required for full-time pursuit of such program of
education, rounded to the nearest multiple of 10.
(e) Reports.--
(1) Secretary of veterans affairs.--Not later than one year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to Congress a report on
the pilot program under this section.
(2) Comptroller general.--
(A) Interim report.--Not later than three years
after the date on which the Secretary first enters into
a contract under this section, the Comptroller General
of the United States shall submit to Congress a report
containing the results of the interim assessment of the
Comptroller General. Such report shall include the
following:
(i) The recommendations of the Comptroller
General for improving the pilot program.
(ii) An assessment of each of the
following:
(I) The technology experience of
the directors and instructors of the
providers of high technology programs
of education under the pilot program.
(II) Whether the providers
cooperated with the technology industry
to create the curriculum for the
program of education.
(III) Whether the providers use an
open source curriculum for the program
of education.
(IV) The admittance rate into the
pilot program.
(V) The completion rate for
veterans who participate in the pilot
program.
(VI) The average age of veterans
who participate in the pilot program.
(VII) The job placement rate for
veterans who completed a program of
education under the pilot program.
(VIII) Whether the employment of
veterans who completed a program of
education under the pilot program was
part or full time.
(IX) Whether a veteran who found
employment after completing a program
of education under the pilot program
was employed in a field related to the
course of study under the program of
education.
(B) Final report.--Not later than five years after
the date on which the Secretary first enters into a
contract under this section, the Comptroller General
shall submit to Congress a final report on the pilot
program. Such report shall include the recommendation
of the Comptroller General with respect to whether the
program should be extended and an assessment of each of
the following:
(i) Each item described in subclauses (I)
through (IX) of subparagraph (A)(ii).
(ii) The percentage of veterans who
completed a program of education under the
pilot program who were subsequently employed
for a period of six months or longer.
(f) Definitions.--In this section:
(1) High technology program of education.--The term ``high
technology program of education'' means a program of education
that--
(A) is offered by an entity other than an
institution of higher learning;
(B) does not lead to a degree; and
(C) provides instruction in computer programming,
computer software, media application, data processing,
or information sciences.
(2) State approving agency.--The term ``State approving
agency'' means a department or agency of a State designated
under section 3671 of title 38, United States Code.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $15,000,000 for each
fiscal year during which the Secretary carries out a pilot program
under this section.
(h) Termination.--The authority to carry out a pilot program under
this section shall terminate on the date that is five years after the
date on which the Secretary first enters into a contract under this
section. | Veteran Employment Through Technology Education Courses Act of 2017 or the VET TEC Act of 2017 This bill directs the Department of Veterans Affairs (VA) to carry out a five-year pilot program to provide eligible veterans with the opportunity to enroll in high technology programs of education, which are programs that are offered by entities other than institutions of higher learning, do not lead to a degree, and provide instruction in computer programming, computer software, media application, data processing, or information sciences. The VA shall enter into contracts with multiple qualified providers of such programs, under which the VA shall pay: (1) 25% of the cost of providing the program upon the enrollment of an eligible veteran, (2) 25% of such cost when the veteran completes the program, and (3) 50% of such cost upon the veteran's employment following completion in a field related to the course of study. A provider of a high technology program of education is qualified if the provider: (1) has offered, for at least two years, the credential it plans to provide under the pilot; (2) verifies that each such credential has demonstrated market value based on the employment and earnings of participants; and (3) has the ability to evaluate job placement rates and earnings through means other than survey or self-reported data. The VA shall give preference to a qualified provider that offers tuition reimbursement for any student who completes the program and does not find full-time meaningful employment within 180 days. The bill limits tuition and provides for removal of providers that increase tuition by more than 10% from the previous year. The VA shall pay a monthly housing stipend to each eligible veteran enrolled full-time in such a program. | {"src": "billsum_train", "title": "Veteran Employment Through Technology Education Courses Act of 2017"} | 1,706 | 345 | 0.761054 | 2.380234 | 0.760913 | 4.37574 | 4.816568 | 0.931953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boat Building Investment Act of
1998''.
SEC. 2. CREDIT FOR PURCHASE OF LUXURY YACHTS CONSTRUCTED IN THE UNITED
STATES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 30A the following new section:
``SEC. 30B. PURCHASE OF LUXURY YACHTS CONSTRUCTED IN THE UNITED STATES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 20 percent of the cost of any new domestic luxury yacht
purchased by the taxpayer during such year.
``(b) Maximum Credit.--The amount of the credit allowed by
subsection (a) with respect to any yacht shall not exceed $10,000,000.
``(c) New Domestic Luxury Yacht.--For purposes of this section, the
term `new domestic luxury yacht' means any yacht if--
``(1) the yacht is more than 50 feet in length,
``(2) substantially all of the value of which is
attributable to value added in the United States,
``(3) the original use of which commences with the
taxpayer, and
``(4) the yacht is designed, built, documented, and
registered in the United States.
``(d) Application With Other Credits; Carryover of Excess Credit.--
The credit allowed by subsection (a) for any taxable year shall not
exceed the excess (if any) of--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under subpart A and the preceding
sections of this subpart, over
``(2) the tentative minimum tax for the taxable year.
If the credit under subsection (a) exceeds the limitation of the
preceding sentence, such excess shall be added to the credit allowable
under subsection (a) for the succeeding taxable year.
``(e) Recapture of Credit If Yacht Ceases To Be Documented, Etc.,
in the United States.--
``(1) In general.--If, during any taxable year, there is a
recapture event with respect to any new domestic luxury yacht
of the taxpayer, then the tax of the taxpayer under this
chapter for such taxable year shall be increased by an amount
equal to the product of--
``(A) the applicable recapture percentage, and
``(B) the aggregate decrease in the credits allowed
under this section for all prior taxable years which
would have resulted if no credit had been allowed under
this section for the purchase of such yacht.
``(2) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection,
the applicable recapture percentage shall be determined
from the following table:
The applicable
recapture
``If the recapture event occurs in:
percentage is:
Year 1............................... 100
Year 2............................... 85
Year 3............................... 70
Year 4............................... 55
Year 5............................... 40
Year 6............................... 25
Year 7............................... 10
Years 8 and thereafter............... 0.
``(B) Years.--References to years in the table in
subparagraph (A) are references to the consecutive 12-
month periods beginning with the date the yacht is
placed in service by the taxpayer.
``(3) Recapture event defined.--For purposes of this
subsection, the term `recapture event' means--
``(A) any sale or other disposition of the yacht,
or
``(B) the documentation, registration, maintenance,
or storage of the yacht outside the United States.
``(4) Special rules.--
``(A) Tax benefit rule.--The tax for the taxable
year shall be increased under paragraph (1) only with
respect to credits allowed by reason of this section
which were used to reduce tax liability. In the case of
credits not so used to reduce tax liability, the
carryforwards under this section shall be appropriately
adjusted.
``(B) No credits against tax.--Any increase in tax
under this subsection shall not be treated as a tax
imposed by this chapter for purposes of determining--
``(i) the amount of any credit under
subpart A, B, or D of this part, or
``(ii) the tax imposed by section 55.
``(f) Reduction in Basis.--For purposes of this subtitle, rules
similar to the rules of section 50(c) (other than paragraph (3)
thereof) shall apply to the credit allowed under this section.''.
(b) Conforming Amendments.--
(1) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (26), by striking
the period at the end of paragraph (27) and inserting ``,
and'', and by adding at the end thereof the following new
paragraph:
``(28) in the case of a yacht with respect to which credit
was allowed under section 30B, to the extent provided in
section 30B(f)(2).''.
(2) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 30A the following new item:
``Sec. 30B. Purchase of luxury yachts
constructed in the United
States.''.
(c) Effective Date.--The amendments made by this section shall
apply to yachts purchased after the date of the enactment of this Act.
SEC. 3. GRANTS TO ENCOURAGE PERSONS OUTSIDE THE UNITED STATES TO
PURCHASE LUXURY YACHTS CONSTRUCTED IN THE UNITED STATES.
(a) In General.--The Secretary of Commerce shall establish a
program under which grants are provided to entities for the purpose
of--
(1) encouraging persons outside the United States to
purchase luxury yachts (as defined in section 30B of the
Internal Revenue Code of 1986, as added by section 2(a)) which
are constructed in the United States, and
(2) providing specialized education and training for
workers who construct such yachts.
(b) Authorization.--There are authorized to be appropriated
$25,000,000 for the purpose of carrying out subsection (a). Amounts
appropriated for any fiscal year shall remain available under expended. | Boat Building Investment Act of 1998 - Amends the Internal Revenue Code to allow a personal tax credit (20 percent of the cost, $10 million maximum) for the purchase of a new U.S.-made luxury yacht.
Sets forth credit recapture rules upon disposition or registration or maintenance outside the United States.
Directs the Secretary of Commerce to establish a grant program to: (1) encourage persons outside the United to purchase such yachts; and (2) train yacht workers. Authorizes appropriations. | {"src": "billsum_train", "title": "Boat Building Investment Act of 1998"} | 1,446 | 106 | 0.551683 | 1.381971 | 0.425273 | 2.123711 | 13.484536 | 0.824742 |
SECTION 1. EMPLOYMENT INVESTIGATIONS OF PILOTS.
Section 44936 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Records of Employment.--
``(1) In general.--An air carrier or foreign air carrier
receiving an application for employment from an individual
seeking a position as a pilot may request and receive records
described in paragraph (2) relating to that individual's
employment from any person who has employed that individual at
any time during the 10 years preceding the application.
``(2) Records to which subsection applies.--The records
referred to in paragraph (1) are--
``(A) the personnel file of the individual;
``(B) any records maintained under the regulations
set forth in--
``(i) section 121.683 of title 14, Code of
Federal Regulations;
``(ii) paragraph (A) of section VI,
appendix I, part 121 of title 14, Code of
Federal Regulations;
``(iii) section 125.401 of title 14, Code
of Federal Regulations;
``(iv) section 127.301 of title 14, Code of
Federal Regulations; and
``(v) section 135.63(a)(4) of title 14,
Code of Federal Regulations; and
``(C) any other records concerning--
``(i) the training, qualifications,
proficiency, or professional competence of the
individual;
``(ii) any disciplinary action taken by the
employer with respect to the individual; and
``(iii) the release from employment,
resignation, termination, or disqualification
of the individual.
``(3) Right to receive notice and copy of any record
furnished.--An individual whose employment records have been
requested under paragraph (1) of this subsection--
``(A) shall receive written notice from each person
providing a record in response to a request under
paragraph (1) of the individual's right to receive such
copies; and
``(B) is entitled to receive copies of any records
provided by the individual's employer or a former
employer to any air carrier or foreign air carrier.
``(4) Reasonable charges for processing requests and
furnishing copies.--A person who receives a request under
paragraph (1) may establish a reasonable charge for the cost of
processing the request and furnishing copies of the requested
records.
``(5) Standard forms.--The Administrator shall promulgate--
``(A) standard forms which may be used by an air
carrier or foreign air carrier to request records under
paragraph (1) of this subsection; and
``(B) standard forms which may be used by any
employer receiving a request under paragraph (1) for
records to inform the individual to whom the records
relate of the request and of the individual's right to
receive copies of any records provided in response to
the request.
``(6) Regulations.--The Administrator may prescribe such
regulations as may be necessary--
``(A) to protect the personal privacy of any
individual whose records are requested under paragraph
(1) of this subsection and to protect the
confidentiality of those records;
``(B) to limit the further dissemination of records
received under paragraph (1) of this subsection by the
person who requested them; and
``(C) to ensure prompt compliance with any request
under paragraph (1) of this subsection.
``(g) Limitation on Liability; Preemption of State Law.--
``(1) Limitation on liability.--No action or proceeding may
be brought by or on behalf of an individual who has applied for
a position described in subsection (a)(1) of this section
against--
``(A) an air carrier or foreign air carrier with
which the individual has filed such an application for
requesting the individual's records under subsection
(f)(1);
``(B) a person who has complied with such a
request; or
``(C) an agent or employee of a person described in
subparagraph (A) or (B) of this paragraph;
in the nature of an action for defamation, invasion of privacy,
negligence, interference with contract, or otherwise, or under
any State or Federal law with respect to the furnishing or use
of such records in accordance with subsection (f) of this
section.
``(2) Preemption.--No State or political subdivision
thereof may enact, prescribe, issue, continue in effect, or
enforce any law, regulation, standard, or other provision
having the force and effect of law that prohibits, penalizes,
or imposes liability for furnishing or using records in
accordance with subsection (f) of this section.''. | Authorizes domestic or foreign air carriers to request and receive a pilot applicant's employment record for the previous ten years of employment. Prohibits any Federal or State court action for defamation or invasion of privacy against any carrier or person with respect to the furnishing or use of such records according to the requirements of this Act. | {"src": "billsum_train", "title": "To amend title 49, United States Code, relating to required employment investigations of pilots."} | 1,000 | 73 | 0.538045 | 1.408874 | 0.909445 | 2.114754 | 16.032787 | 0.803279 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Fire Safety Education Act of
2016''.
SEC. 2. PURPOSE.
The purpose of this Act is to help provide fire safety education
and training to students attending institutions of higher education.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Fire Administration of the
Federal Emergency Management Agency.
(2) Eligible entity.--The term ``eligible entity'' means an
institution of higher education, or consortium of institutions
of higher education located in the same State, in a
collaborative partnership with a nonprofit organization or a
public safety department. Such a collaborative partnership may
also include a social fraternity or sorority exempt from
taxation under section 501(a) of the Internal Revenue Code of
1986, the active membership of which consists primarily of
students enrolled at the institution or institutions.
(3) Fire safety education program.--The term ``fire safety
education program'' means a program that provides fire safety
and prevention activities.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given to
such term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. ESTABLISHMENT OF THE CAMPUS FIRE SAFETY EDUCATION COMPETITIVE
GRANT PROGRAM.
(a) Authorization of Grant Program.--From the amounts appropriated
under section 7, the Secretary, in consultation with the Administrator,
shall establish a grant program to award grants, on a competitive
basis, to eligible entities for--
(1) initiating, expanding, or improving fire safety
education programs at institutions of higher education; and
(2) increasing fire safety awareness among students
enrolled at such institutions, including students living in
off-campus housing.
(b) Application.--To seek a grant under this Act, an eligible
entity shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
(c) Selection Priority.--In making grants under this Act, the
Secretary shall give priority to eligible entities that plan to use
grant funds to initiate, expand, or improve fire safety education
programs that include educational material specifically prepared for
students with physical, sensory, or cognitive disabilities.
(d) Grant Period.--Grants under this Act shall be awarded for not
longer than a 2-year period, and may be renewed for an additional 2-
year period, at the Secretary's discretion.
(e) Grant Size.--
(1) In general.--Subject to paragraph (2), the Secretary
shall ensure that grants awarded under this Act are of
sufficient size and scope to enable eligible entities to carry
out all required activities and otherwise meet the purpose of
this Act.
(2) Maximum amount.--An eligible entity may not be awarded
more than $250,000 per fiscal year under this Act.
(f) Matching Requirement.--An eligible entity receiving a grant
under this Act shall provide non-Federal matching funds in an amount
equal to not less than 25 percent of the costs of the activities for
which assistance is sought. Such non-Federal matching funds may be in
cash or in kind.
(g) Supplement Not Supplant.--Funds made available under this Act
shall be used to supplement, not supplant, other Federal, State, or
private funds that would otherwise be expended to carry out fire safety
education programs.
SEC. 5. REQUIRED USES OF FUNDS.
(a) Required Uses of Funds.--An eligible entity receiving a grant
under this Act shall use grant funds to initiate, expand, or improve a
fire safety education program that--
(1) in the case of an eligible entity that is an
institution of higher education, reaches, to the extent
practicable, all students enrolled in the institution of higher
education, including students living on-campus and off-campus;
(2) is carried out in a manner to ensure maximum exposure
to, increase awareness of, and effectuate change in behavior
with respect to fire safety by students through--
(A) conducting outreach to students at a minimum of
twice per academic year (at the beginning of the fall
and spring semesters, or the equivalent); and
(B) measures that provide fire safety information
to any student upon the request of the student;
(3) includes minimum instruction with respect to--
(A) awareness of fire behavior;
(B) mechanisms of fire injury and death;
(C) common ignition scenarios;
(D) fire safety systems such as automatic fire
sprinklers;
(E) fire alarms;
(F) fire extinguishers;
(G) importance of means of egress;
(H) fire prevention techniques that may prevent a
fire from occurring (such as candle safety, cooking
safety, and smoking safety); and
(I) fire safety actions to be taken if a fire
occurs to minimize the potential for death, injury, and
property damage (such as knowing how to use a fire
extinguisher, how to put out a cooking fire, calling
911, and evacuating); and
(4) includes a mechanism for carrying out the evaluations
described in subsection (b).
(b) Evaluations.--Not later than 6 months after the end of an
eligible entity's grant period, the eligible entity shall--
(1) conduct an evaluation on the effectiveness of the
program carried out by the eligible entity in increasing
awareness or improving fire safety behavior at such eligible
entity; and
(2) prepare and submit to the Secretary a report on the
results of the evaluation conducted by the entity.
SEC. 6. REPORTS.
(a) Report to Congress.--Not later than 12 months after the date of
receipt of the first report submitted pursuant to section 5(b)(2) and
annually thereafter, the Secretary shall provide to Congress a report
that includes the following:
(1) The number and types of eligible entities receiving
assistance under this Act.
(2) The fire safety education programs being implemented
with assistance under this Act and the costs of such programs.
(3) Any other information determined by the Secretary to be
useful in evaluating the overall effectiveness of the program
established under this Act in improving the fire safety
knowledge of college students.
(b) Best Practices Report.--The Secretary, in consultation with the
Administrator, shall use the information provided under subsection (a)
to publish a report of best practices for initiating, expanding, or
improving fire safety education programs that shall be made available
to all institutions of higher education and other interested parties.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$15,000,000 for each of the fiscal years 2017 through 2021. | Campus Fire Safety Education Act of 2016 This bill directs the Department of Education (ED) to establish a program to award grants, on a competitive basis, to institutions of higher education or consortiums of such institutions, in a collaborative partnership with a nonprofit organization or a public safety department (eligible entity), for: (1) initiating, expanding, or improving fire safety education programs; and (2) increasing fire safety awareness among enrolled students. ED shall give priority to institutions that plan to use funds to initiate, expand, or improve fire safety education programs that include educational material specifically prepared for students with physical, sensory, or cognitive disabilities. The bill sets forth provisions regarding grant periods and matching and other requirements. An eligible entity may not be awarded more than $250,000 per fiscal year under this bill. An eligible entity shall use grant funds to initiate, expand, or improve a fire safety education program that: reaches all enrolled students (for an institution of higher education); ensures maximum exposure to, increases awareness of, and effectuates change in behavior regarding, fire safety by students through conducting outreach to students a minimum of twice per academic year and through measures that provide fire safety information to any student upon request; includes minimum instruction regarding fire behavior, fire injury and death, ignition scenarios, fire safety systems and equipment, the importance of means of egress, fire prevention techniques, and actions to be taken if a fire occurs to minimize the potential for death, injury, and property damage; and includes a mechanism for carrying out evaluations of program effectiveness. ED shall publish a report of best practices for initiating, expanding, or improving fire safety education programs. | {"src": "billsum_train", "title": "Campus Fire Safety Education Act of 2016"} | 1,487 | 347 | 0.68185 | 1.934219 | 0.900799 | 5.123867 | 4.250755 | 0.918429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study Reparation
Proposals for African Americans Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) approximately 4,000,000 Africans and their descendants
were enslaved in the United States and the colonies that became
the United States from 1619 to 1865;
(2) the institution of slavery was constitutionally and
statutorily sanctioned by the Government of the United States
from 1789 through 1865;
(3) the slavery that flourished in the United States
constituted an immoral and inhumane deprivation of Africans'
life, liberty, African citizenship rights, and cultural
heritage, and denied them the fruits of their own labor; and
(4) sufficient inquiry has not been made into the effects
of the institution of slavery on living African Americans and
society in the United States.
(b) Purpose.--The purpose of this Act is to establish a commission
to--
(1) examine the institution of slavery which existed from
1619 through 1865 within the United States and the colonies
that became the United States, including the extent to which
the Federal and State governments constitutionally and
statutorily supported the institution of slavery;
(2) examine de jure and de facto discrimination against
freed slaves and their descendants from the end of the Civil
War to the present, including economic, political, and social
discrimination;
(3) examine the lingering negative effects of the
institution of slavery and the discrimination described in
paragraph (2) on living African Americans and on society in the
United States;
(4) recommend appropriate ways to educate the American
public of the Commission's findings;
(5) recommend appropriate remedies in consideration of the
Commission's findings on the matters described in paragraphs
(1) and (2); and
(6) submit to the Congress the results of such examination,
together with such recommendations.
SEC. 3. ESTABLISHMENT AND DUTIES.
(a) Establishment.--There is established the Commission to Study
Reparation Proposals for African Americans (hereinafter in this Act
referred to as the ``Commission'').
(b) Duties.--The Commission shall perform the following duties:
(1) Examine the institution of slavery which existed within
the United States and the colonies that became the United
States from 1619 through 1865. The Commission's examination
shall include an examination of--
(A) the capture and procurement of Africans;
(B) the transport of Africans to the United States
and the colonies that became the United States for the
purpose of enslavement, including their treatment
during transport;
(C) the sale and acquisition of Africans as chattel
property in interstate and intrastate commerce; and
(D) the treatment of African slaves in the colonies
and the United States, including the deprivation of
their freedom, exploitation of their labor, and
destruction of their culture, language, religion, and
families.
(2) Examine the extent to which the Federal and State
governments of the United States supported the institution of
slavery in constitutional and statutory provisions, including
the extent to which such governments prevented, opposed, or
restricted efforts of freed African slaves to repatriate to
their home land.
(3) Examine Federal and State laws that discriminated
against freed African slaves and their descendants during the
period between the end of the civil war and the present.
(4) Examine other forms of discrimination in the public and
private sectors against freed African slaves and their
descendants during the period between the end of the civil war
and the present.
(5) Examine the lingering negative effects of the
institution of slavery and the matters described in paragraphs
(1), (2), (3), and (4) on living African Americans and on
society in the United States.
(6) Recommend appropriate ways to educate the American
public of the Commission's findings.
(7) Recommend appropriate remedies in consideration of the
Commission's findings on the matters described in paragraphs
(1), (2), (3), and (4). In making such recommendations, the
Commission shall address, among other issues, the following
questions:
(A) Whether the Government of the United States
should offer a formal apology on behalf of the people
of the United States for the perpetration of gross
human rights violations on African slaves and their
descendants.
(B) Whether African Americans still suffer from the
lingering affects of the matters described in
paragraphs (1), (2), (3), and (4).
(C) Whether, in consideration of the Commission's
findings, any form of compensation to the descendants
of African slaves is warranted.
(D) If the Commission finds that such compensation
is warranted, what should be the amount of
compensation, what form of compensation should be
awarded, and who should be eligible for such
compensation.
(c) Report to Congress.--The Commission shall submit a written
report of its findings and recommendations to the Congress not later
than the date which is one year after the date of the first meeting of
the Commission held pursuant to section 4(c).
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--(1) The Commission shall be composed
of 7 members, who shall be appointed, within 90 days after the date of
enactment of this Act, as follows:
(A) Three members shall be appointed by the President.
(B) Three members shall be appointed by the Speaker of the
House of Representatives.
(C) One member shall be appointed by the President pro
tempore of the Senate.
(2) All members of the Commission shall be persons who are
especially qualified to serve on the Commission by virtue of their
education, training, or experience, particularly in the field of
African American studies.
(b) Terms.--The term of office for members shall be for the life of
the Commission. A vacancy in the Commission shall not affect the powers
of the Commission, and shall be filled in the same manner in which the
original appointment was made.
(c) First Meeting.--The President shall call the first meeting of
the Commission within 120 days after the date of the enactment of this
Act, or within 30 days after the date on which legislation is enacted
making appropriations to carry out this Act, whichever date is later.
(d) Quorum.--Four members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(e) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members. The term of office of each shall be
for the life of the Commission.
(f) Compensation.--(1) Except as provided in paragraph (2), each
member of the Commission shall receive compensation at the daily
equivalent of the annual rate of basic pay payable for GS-18 of the
General Schedule under section 5332 of title 5, United States Code, for
each day, including travel time, during which he or she is engaged in
the actual performance of duties vested in the Commission.
(2) A member of the Commission who is a full-time officer or
employee of the United States or a Member of Congress shall receive no
additional pay, allowances, or benefits by reason of his or her service
on the Commission.
(3) All members of the Commission shall be reimbursed for travel,
subsistence, and other necessary expenses incurred by them in the
performance of their duties to the extent authorized by chapter 57 of
title 5, United States Code.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out the provisions of this Act, hold such hearings and sit and
act at such times and at such places in the United States, and request
the attendance and testimony of such witnesses and the production of
such books, records, correspondence, memoranda, papers, and documents,
as the Commission considers appropriate. The Commission may request the
Attorney General to invoke the aid of an appropriate United States
district court to require, by subpoena or otherwise, such attendance,
testimony, or production.
(b) Powers of Subcommittees and Members.--Any subcommittee or
member of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may acquire directly
from the head of any department, agency, or instrumentality of the
executive branch of the Government, available information which the
Commission considers useful in the discharge of its duties. All
departments, agencies, and instrumentalities of the executive branch of
the Government shall cooperate with the Commission with respect to such
information and shall furnish all information requested by the
Commission to the extent permitted by law.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Staff.--The Commission may, without regard to section 5311(b)
of title 5, United States Code, appoint and fix the compensation of
such personnel as the Commission considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that the compensation of any
employee of the Commission may not exceed a rate equal to the annual
rate of basic pay payable for GS-18 of the General Schedule under
section 5332 of title 5, United States Code.
(c) Experts and Consultants.--The Commission may procure the
services of experts and consultants in accordance with the provisions
of section 3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the highest rate
payable under section 5332 of such title.
(d) Administrative Support Services.--The Commission may enter into
agreements with the Administrator of General Services for procurement
of financial and administrative services necessary for the discharge of
the duties of the Commission. Payment for such services shall be made
by reimbursement from funds of the Commission in such amounts as may be
agreed upon by the Chairman of the Commission and the Administrator.
(e) Contracts.--The Commission may--
(1) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the
extent or in such amounts as are provided in appropriations
Acts; and
(2) enter into contracts with departments, agencies, and
instrumentalities of the Federal Government, State agencies,
and private firms, institutions, and agencies, for the conduct
of research or surveys, the preparation of reports, and other
activities necessary for the discharge of the duties of the
Commission, to the extent or in such amounts as are provided in
appropriations Acts.
SEC. 7. TERMINATION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report to the Congress under section 3(c).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
To carry out the provisions of this Act, there are authorized to be
appropriated $8,000,000. | Commission to Study Reparation Proposals for African Americans Act - Establishes the Commission to Study Reparation Proposals for African Americans to examine slavery and discrimination in the colonies and the United States from 1619 to the present and recommend appropriate remedies.
Authorizes appropriations. | {"src": "billsum_train", "title": "Commission to Study Reparation Proposals for African Americans Act"} | 2,382 | 63 | 0.584285 | 1.489586 | 0.906989 | 3.130435 | 49.869565 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Customer Service
Improvement Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency''--
(A) means an Executive agency (as defined under
section 105 of title 5, United States Code) that
provides significant services directly to the public or
other entity; and
(B) does not include an Executive agency if the
President determines that this Act should not apply to
the Executive agency for national security reasons.
(2) Customer.--The term ``customer'', with respect to an
agency, means any individual or entity that is directly served
by an agency.
SEC. 3. DEVELOPMENT OF CUSTOMER SERVICE STANDARDS.
(a) Government-Wide Standards.--
(1) In general.--The Director of the Office of Management
and Budget shall develop Government-wide standards for customer
service delivery, which shall be included in the Federal
Government Performance Plan required under section 1115 of
title 31, United States Code.
(2) Requirements.--The standards developed under paragraph
(1) shall include--
(A) Government-wide goals for continuous service
improvements and efforts to modernize service delivery;
and
(B) where appropriate, Government-wide target
response times for telephone calls, electronic mail,
mail, benefit processing, and payments.
(b) Agency Standards.--
(1) In general.--The Performance Improvement Officer for
each agency shall establish customer service standards in
accordance with the Government-wide standards developed under
subsection (a), which shall be included in the Agency
Performance Plans required under section 1115 of title 31,
United States Code.
(2) Requirements.--Agency standards established under
paragraph (1) shall include, if appropriate--
(A) target call wait times during peak and non-peak
hours;
(B) target response times for correspondence, both
by mail and electronic mail;
(C) procedures for ensuring all applicable metrics
are incorporated into service agreements with
nongovernmental individuals and entities;
(D) target response times for processing benefits
and making payments; and
(E) recommendations for effective publication of
customer service contact information, including a
mailing address, telephone number, and email address.
(c) Customer Service Input.--
(1) Establishment.--The Director of the Office of
Management and Budget shall establish a Customer Service
Feedback Pilot Program. The pilot program shall include
participation by the Internal Revenue Service and a minimum of
two additional agencies selected by the Director and shall
continue for a period of at least three years. The Director
shall require participating agencies to implement a customer
service feedback system to collect information from customers
of the agency regarding the quality of customer service
provided by the agency, including--
(A) information on the extent to which agency
performance complies with the Government-wide standards
developed under subsection (a); and
(B) feedback on the quality of customer service
provided by the agency employee or employees with whom
the customer interacted.
(2) Limitation.--An agency may not publish or make
publically available information collected under the feedback
system that is specific to a named employee.
(3) Additional information in performance report.--In
developing the performance report made available by the agency
under section 1116 of title 31, United States Code, each
agency--
(A) shall include the information collected under
this subsection; and
(B) may include aggregate data collected under
paragraph (1)(B) without including names of specific
agency employees.
(4) Report to congress on customer service feedback pilot
program.--Not later than two years after the implementation of
the Customer Service Feedback Pilot Program established under
this subsection, the Comptroller General shall submit to
Congress a report assessing the pilot program and a
recommendation on whether such program should be expanded
Government-wide.
(d) Annual Performance Update.--The Director of the Office of
Management and Budget shall include achievements by agencies in meeting
the customer service performance standards developed under subsection
(a) in each update on agency performance required under section 1116 of
title 31, United States Code.
SEC. 4. PERFORMANCE APPRAISAL.
Compliance with customer service standards developed under this Act
shall be included in employee appraisal systems establish by agencies,
including the performance appraisal systems referred to in chapter 43
of title 5, United States Code.
SEC. 5. SERVICE IMPROVEMENT UNIT PILOT PROGRAM.
(a) Established.--The Director of the Office of Management and
Budget shall establish a pilot program, to be known as the Service
Improvement Unit Pilot Program (in this section referred to as the
``pilot program''), to provide assistance to agencies that do not meet
the Government-wide standards developed under section 3.
(b) Personnel.--The heads of agencies with expertise in change
management, process improvement, and information technology innovation
shall detail employees to the Office of Management and Budget to work
on the pilot program, based on the expertise and skills required to
address service improvement goals.
(c) Responsibilities.--Under the pilot program, the Office of
Management and Budget shall work with agencies that are not meeting the
customer service standards developed under section 3 to improve and
modernize service delivery to develop solutions, including--
(1) evaluating the efforts of the agency to improve service
delivery;
(2) developing a plan to improve within existing resources
and by drawing on expertise and assistance from other agencies
(including the Office of Management and Budget) where
necessary;
(3) monitoring implementation by the agency of the plan
developed under paragraph (2) until the customer service
standards are met; and
(4) submitting to the Director of the Office of Management
and Budget monthly reports on the progress being made to
improve service at the agency until the customer service
standards are met.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Director of the Office of Management and Budget shall
submit to Congress a report on the accomplishments and outcomes of the
pilot program and any recommendations relating to achieving the
customer service standards developed under section 3.
(e) Support.--The Administrator of General Services shall provide
administrative and other support in order to implement the pilot
program under this section. The heads of agencies shall, as appropriate
and to the extent permitted by law, provide at the request of the
Director of the Office of Management and Budget up to 2 personnel
authorizations who have expertise in change management, process
improvement, and information technology innovation to support the pilot
program.
(f) Termination.--The authority to carry out the pilot program
shall terminate 2 years after the date of enactment of this Act.
SEC. 6. RETIREMENT REPORTING.
(a) Definition.--In this section, the term ``agency'' has the
meaning given that term in section 551 of title 5, United States Code.
(b) Reports.--
(1) In general.--Except as provided in paragraph (2) and
not later than 90 days after the date of enactment of this Act,
and every month thereafter, the Director of the Office of
Personnel Management shall submit to Congress and the
Comptroller General of the United States, and issue publicly
(including on the website of the Office of Personnel
Management), a report that--
(A) for each agency, evaluates the timeliness,
completeness, and accuracy of information submitted by
the agency relating to employees of the agency who are
retiring; and
(B) indicates--
(i) the total number of applications for
retirement benefits, lump sum death benefits,
court ordered benefits, phased retirement, and
disability retirement that are pending action
by the Office of Personnel Management; and
(ii) the number of months each such
application has been pending.
(2) Suspension of reporting requirement.--Paragraph (1)
shall not apply to the Director of the Office of Personnel
Management for any month immediately following an 18-month
period in which the average processing time of applications
described in paragraph (1)(B) reaches 90 days or less.
(c) Modernization Timeline.--The Director of the Office of
Personnel Management shall establish--
(1) a timetable for the completion of each component of the
customer-focused retirement processing system of the Office of
Personnel Management, including all data elements required for
accurate completion of adjudication; and
(2) the date by which all Federal payroll processing
entities will electronically transmit all personnel data to the
Office of Personnel Management.
(d) Budget Request.--The Office of Personnel Management shall
include a detailed statement regarding the progress of the Office of
Personnel Management in completing the customer-focused retirement
processing system of the Office of Personnel Management in each budget
request of the Office of Personnel Management submitted as part of the
preparation of the budget of the President submitted to Congress under
section 1105(a) of title 31, United States Code.
SEC. 7. NO INCREASE IN EXPENDITURES.
No additional funds are authorized to carry out this Act. This Act
shall be carried out using amounts otherwise authorized or
appropriated.
Passed the House of Representatives July 31, 2013.
Attest:
KAREN L. HAAS,
Clerk. | Government Customer Service Improvement Act of 2013 - Requires the Director of the Office of Management and Budget (OMB) to develop government-wide standards for customer service delivery, which shall be included in the Federal Government Performance Plan. Requires such standards to include: (1) government-wide goals for continuous service improvements and efforts to modernize service delivery; and (2) government-wide target response times for telephone calls, electronic mail, mail, benefit processing, and payments. Directs: (1) the Performance Improvement Officer for each executive agency to establish customer service standards in accordance with such government-wide standards, which shall be included in agency performance plans; (2) the Director of OMB to establish a Customer Service Feedback Pilot Program which shall include participation by the Internal Revenue Service (IRS) and two additional agencies to collect information from agency customers on the quality of customer service provided; and (3) the Director to include agency achievements in meeting customer service performance standards in each required update on agency performance. Requires: (1) compliance with customer service standards developed under this Act to be included in agency employee appraisal systems, (2) the Director of OMB to establish a two-year Service Improvement Unit Pilot Program to provide assistance to agencies that do not meet such government-wide customer service standards, and (3) the Administrator of General Services (GSA) to provide administrative and other support to implement such Program. Requires the Director of the Office of Personnel Management (OPM) to: (1) submit to Congress and the Comptroller General (GAO) and issue publicly every month a report on information submitted by each federal agency about its employees who are retiring and pending applications for retirement benefits, (2) establish a timetable for completion of OPM's customer-focused retirement processing system and a deadline by which all federal payroll processing entities will electronically transmit all personnel data to OPM, and (3) include in each OPM annual budget request a statement on progress in completing its customer-focused retirement processing system. | {"src": "billsum_train", "title": "Government Customer Service Improvement Act of 2013"} | 1,936 | 412 | 0.654146 | 2.106456 | 0.926901 | 4.030457 | 4.781726 | 0.944162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Care for the Uninsured Act of
1999''.
TITLE I--REFUNDABLE CREDIT FOR HEALTH INSURANCE COVERAGE
SEC. 101. REFUNDABLE CREDIT FOR HEALTH INSURANCE COVERAGE.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. HEALTH INSURANCE COSTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle an amount
equal to the amount paid during the taxable year for qualified health
insurance for the taxpayer, his spouse, and dependents.
``(b) Limitations.--
``(1) In general.--The amount allowed as a credit under
subsection (a) to the taxpayer for the taxable year shall not
exceed the sum of the monthly limitations for coverage months
during such taxable year for each individual referred to in
subsection (a) for whom the taxpayer paid during the taxable
year any amount for coverage under qualified health insurance.
``(2) Monthly limitation.--
``(A) In general.--The monthly limitation for an
individual for each coverage month of such individual
during the taxable year is the amount equal to 1/12
of--
``(i) $1,000 if such individual is the
taxpayer,
``(ii) $1,000 if--
``(I) such individual is the spouse
of the taxpayer,
``(II) the taxpayer and such spouse
are married as of the first day of such
month, and
``(III) the taxpayer files a joint
return for the taxable year, and
``(iii) $500 if such individual is an
individual for whom a deduction under section
151(c) is allowable to the taxpayer for such
taxable year.
``(B) Limitation to 2 dependents.--Not more than 2
individuals may be taken into account by the taxpayer
under subparagraph (A)(iii).
``(C) Special rule for married individuals.--In the
case of an individual--
``(i) who is married (within the meaning of
section 7703) as of the close of the taxable
year but does not file a joint return for such
year, and
``(ii) who does not live apart from such
individual's spouse at all times during the
taxable year,
the limitation imposed by subparagraph (B) shall be
divided equally between the individual and the
individual's spouse unless they agree on a different
division.
``(3) Coverage month.--For purposes of this subsection--
``(A) In general.--The term `coverage month' means,
with respect to an individual, any month if--
``(i) as of the first day of such month
such individual is covered by qualified health
insurance, and
``(ii) the premium for coverage under such
insurance for such month is paid by the
taxpayer.
``(B) Employer-subsidized coverage.--Such term
shall not include any month for which such individual
participates in any subsidized health plan (within the
meaning of section 162(l)(2)) maintained by any
employer of the taxpayer or of the spouse of the
taxpayer.
``(C) Cafeteria plan and flexible spending account
beneficiaries.--Such term shall not include any month
during a taxable year if any amount is not includible
in the gross income of the taxpayer for such year under
section 106 with respect to--
``(i) a benefit chosen under a cafeteria
plan (as defined in section 125(d)), or
``(ii) a benefit provided under a flexible
spending or similar arrangement.
``(D) Medicare and medicaid.--Such term shall not
include any month with respect to an individual if, as
of the first day of such month, such individual--
``(i) is entitled to any benefits under
title XVIII of the Social Security Act, or
``(ii) is a participant in the program
under title XIX of such Act.
``(E) Certain other coverage.--Such term shall not
include any month during a taxable year with respect to
an individual if, at any time during such year, any
benefit is provided to such individual under--
``(i) chapter 17 of title 38, United States
Code, or
``(ii) any medical care program under the
Indian Health Care Improvement Act.
``(F) Prisoners.--Such term shall not include any
month with respect to an individual if, as of the first
day of such month, such individual is imprisoned under
Federal, State, or local authority.
``(G) Insufficient presence in united states.--Such
term shall not include any month during a taxable year
with respect to an individual if such individual is
present in the United States on fewer than 183 days
during such year (determined in accordance with section
7701(b)(7)).
``(4) Coordination with deduction for health insurance
costs of self-employed individuals.--In the case of a taxpayer
who is eligible to deduct any amount under section 162(l) for
the taxable year, this section shall apply only if the taxpayer
elects not to claim any amount as a deduction under such
section for such year.
``(c) Qualified Health Insurance.--For purposes of this section--
``(1) In general.--The term `qualified health insurance'
means insurance which constitutes medical care as defined in
section 213(d) without regard to--
``(A) paragraph (1)(C) thereof, and
``(B) so much of paragraph (1)(D) thereof as
relates to qualified long-term care insurance
contracts.
``(2) Exclusion of certain other contracts.--Such term
shall not include insurance if a substantial portion of its
benefits are excepted benefits (as defined in section 9832(c)).
``(d) Medical Savings Account Contributions.--
``(1) In general.--If a deduction would (but for paragraph
(2)) be allowed under section 220 to the taxpayer for a payment
for the taxable year to the medical savings account of an
individual, subsection (a) shall be applied by treating such
payment as a payment for qualified health insurance for such
individual.
``(2) Denial of double benefit.--No deduction shall be
allowed under section 220 for that portion of the payments
otherwise allowable as a deduction under section 220 for the
taxable year which is equal to the amount of credit allowed for
such taxable year by reason of this subsection.
``(e) Special Rules.--
``(1) Coordination with medical expense deduction.--The
amount which would (but for this paragraph) be taken into
account by the taxpayer under section 213 for the taxable year
shall be reduced by the credit (if any) allowed by this section
to the taxpayer for such year.
``(2) Denial of credit to dependents.--No credit shall be
allowed under this section to 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 such individual's taxable year begins.
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2000, each dollar
amount contained in subsection (b)(2)(A) shall be increased by
an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 1999' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $50 ($25 in the case of the
dollar amount in subsection (b)(2)(A)(iii)).''
(b) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of such Code (relating to information concerning
transactions with other persons) is amended by inserting after
section 6050S the following new section:
``SEC. 6050T. RETURNS RELATING TO PAYMENTS FOR QUALIFIED HEALTH
INSURANCE.
``(a) In General.--Any person who, in connection with a trade or
business conducted by such person, receives payments during any
calendar year from any individual for coverage of such individual or
any other individual under creditable health insurance, shall make the
return described in subsection (b) (at such time as the Secretary may
by regulations prescribe) with respect to each individual from whom
such payments were received.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of the individual
from whom payments described in subsection (a) were
received,
``(B) the name, address, and TIN of each individual
who was provided by such person with coverage under
creditable health insurance by reason of such payments
and the period of such coverage, and
``(C) such other information as the Secretary may
reasonably prescribe.
``(c) Creditable Health Insurance.--For purposes of this section,
the term `creditable health insurance' means qualified health insurance
(as defined in section 35(c)) other than--
``(1) insurance under a subsidized group health plan
maintained by an employer, or
``(2) to the extent provided in regulations prescribed by
the Secretary, any other insurance covering an individual if no
credit is allowable under section 35 with respect to such
coverage.
``(d) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required under subsection (b)(2)(A) to be set forth in such return a
written statement showing--
``(1) the name and address of the person required to make
such return and the phone number of the information contact for
such person,
``(2) the aggregate amount of payments described in
subsection (a) received by the person required to make such
return from the individual to whom the statement is required to
be furnished, and
``(3) the information required under subsection (b)(2)(B)
with respect to such payments.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) is required to be made.
``(e) Returns Which Would Be Required To Be Made by 2 or More
Persons.--Except to the extent provided in regulations prescribed by
the Secretary, in the case of any amount received by any person on
behalf of another person, only the person first receiving such amount
shall be required to make the return under subsection (a).''.
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1) of such
Code (relating to definitions) is amended by
redesignating clauses (xi) through (xvii) as clauses
(xii) through (xviii), respectively, and by inserting
after clause (x) the following new clause:
``(xi) section 6050T (relating to returns
relating to payments for qualified health
insurance),''.
(B) Paragraph (2) of section 6724(d) of such Code
is amended by striking ``or'' at the end of the next to
last subparagraph, by striking the period at the end of
the last subparagraph and inserting ``, or'', and by
adding at the end the following new subparagraph:
``(BB) section 6050T(d) (relating to returns
relating to payments for qualified health
insurance).''.
(3) Clerical amendment.--The table of sections for subpart
B of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6050S
the following new item:
``Sec. 6050T. Returns relating to
payments for qualified health
insurance.''.
(c) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the last item and inserting the following new items:
``Sec. 35. Health insurance costs.
``Sec. 36. Overpayments of tax.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 102. ADVANCE PAYMENT OF CREDIT FOR PURCHASERS OF QUALIFIED HEALTH
INSURANCE.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7527. ADVANCE PAYMENT OF HEALTH INSURANCE CREDIT FOR PURCHASERS
OF QUALIFIED HEALTH INSURANCE.
``(a) General Rule.--In the case of an eligible individual, the
Secretary shall make payments to the provider of such individual's
qualified health insurance equal to such individual's qualified health
insurance credit advance amount with respect to such provider.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual--
``(1) who purchases qualified health insurance (as defined
in section 35(c)), and
``(2) for whom a qualified health insurance credit
eligibility certificate is in effect.
``(c) Qualified Health Insurance Credit Eligibility Certificate.--
For purposes of this section, a qualified health insurance credit
eligibility certificate is a statement furnished by an individual to
the Secretary which--
``(1) certifies that the individual will be eligible to
receive the credit provided by section 35 for the taxable year,
``(2) estimates the amount of such credit for such taxable
year, and
``(3) provides such other information as the Secretary may
require for purposes of this section.
``(d) Qualified Health Insurance Credit Advance Amount.--For
purposes of this section, the term `qualified health insurance credit
advance amount' means, with respect to any provider of qualified health
insurance, the Secretary's estimate of the amount of credit allowable
under section 35 to the individual for the taxable year which is
attributable to the insurance provided to the individual by such
provider.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7527. Advance payment of health
insurance credit for purchasers
of qualified health
insurance.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2000.
TITLE II--STUDY OF SAFETY-NET HEALTH INSURANCE PROGRAMS FOR THE
MEDICALLY UNINSURABLE
SEC. 201. STUDY OF STATE SAFETY-NET HEALTH INSURANCE PROGRAMS FOR THE
MEDICALLY UNINSURABLE.
(a) Study.--
(1) In general.--The Secretary of Health and Human Services
shall provide for a study on the current state of all existing
State safety-net health insurance programs (as defined in
subsection (c)). The study shall determine which forms of such
programs are the most successful in making health insurance
available to all willing payers regardless of their health
status.
(2) Consultation.--In conducting the study the Secretary
shall consult with representatives of the National Governors
Association, the National Association of Insurance
Commissioners, national associations representing health
insurers, insurance companies that administer and participate
in State safety-net health insurance programs, and individuals
who receive their health insurance through such programs.
(b) Report.--The Secretary shall submit to Congress, by not later
than October 1, 2000, a detailed report on the study conducted under
subsection (a). The report shall include recommendations on how
Congress can best strengthen State safety-net health insurance programs
where they currently exist and can encourage their establishment in
States where they do not exist.
(c) State Safety-Net Health Insurance Program Defined.--For
purposes of this section, the term ``State safety-net health insurance
program'' means a high risk pool or similar arrangement provided under
State law for providing access of medically uninsurable individuals to
health insurance coverage. Such term may include such other
arrangements as the Secretary finds appropriate for assuring the
provision of health insurance coverage to such individuals. | Title II: Study of Safety-Net Health Insurance Programs for the Medically Uninsurable
- Directs the Secretary of Health and Human Services to provide for a study on the current state of all existing State safety-net health insurance programs. | {"src": "billsum_train", "title": "Fair Care for the Uninsured Act of 1999"} | 3,894 | 53 | 0.376877 | 0.834487 | -0.61477 | 6.911111 | 77.666667 | 0.955556 |
SECTION 1. TRANSFER OF AUTHORITY TO REVIEW CERTAIN MERGERS,
ACQUISITIONS, AND TAKEOVERS.
(a) Repeal of Defense Production Act Provision.--Section 721 of the
Defense Production Act of 1950 (50 U.S.C. App. 2170) is repealed.
(b) Transfer to Homeland Security.--Title II of the Homeland
Security Act of 2002 (6U.S.C. 121 et seq.) is amended by adding at the
end the following:
Subtitle E--Review of Mergers, Acquisitions, and Takeovers by Foreign
Entities
``SEC. 241. AUTHORITY TO REVIEW CERTAIN MERGERS, ACQUISITIONS, AND
TAKEOVERS.
``(a) Review and Investigation.--
``(1) In general.--The President or the President's
designee may undertake an investigation to determine the
effects on national security or homeland security of mergers,
acquisitions, and takeovers proposed or pending on or after the
date of enactment of this section by or with foreign persons
which could result in foreign control of persons engaged in
interstate commerce in the United States.
``(2) Review.--For purposes of determining whether to
undertake an investigation under this subsection, the President
or the President's designee shall conduct a review of the
proposed or pending merger, acquisition, or takeover, which
review shall be completed not later than 30 days after the date
of receipt by the President or the President's designee of
written notification of the proposed or pending merger,
acquisition, or takeover.
``(3) Timing.--If it is determined that an investigation
should be undertaken under this subsection, such
investigation--
``(A) shall commence at such time as the
determination is made under paragraph (2), and not
later than 30 days after the date of receipt by the
President or the President's designee of written
notification of the proposed or pending merger,
acquisition, or takeover, as prescribed by regulations
promulgated pursuant to this section; and
``(B) shall be completed not later than 45 days
after the date of its commencement.
``(4) Intelligence assessment reports.--With respect to any
investigation undertaken under this subsection, the Director of
National Intelligence shall create a report that consolidates
the intelligence findings, assessments, and concerns of each of
the relevant members of the intelligence community. Such report
shall be considered as part of the investigation, provided to
all members of the Committee, and included as part of any
recommendation to the President.
``(b) Mandatory Investigations.--
``(1) In general.--The President or the President's
designee shall undertake an investigation, as described in
subsection (a)(1), in any instance in which an entity
controlled by or acting on behalf of a foreign government seeks
to engage in any merger, acquisition, or takeover which would
result in control of a person engaged in interstate commerce in
the United States.
``(2) Timing.--An investigation undertaken under this
subsection--
``(A) shall commence not later than 30 days after
the date of receipt by the President or the President's
designee of written notification of the proposed or
pending merger, acquisition, or takeover, as prescribed
by regulations promulgated pursuant to this section;
and
``(B) shall be completed not later than 45 days
after the date of its commencement.
``(c) Committee for Secure Commerce.--
``(1) Establishment.--There is established the Committee
for Secure Commerce, which shall serve as the President's
designee for purposes of this section.
``(2) Chairperson.--The Secretary, or the designee thereof,
shall serve as the chairperson of the Committee.
``(3) Vice chairs.--The Secretary of Defense, or the
designee thereof, and the Secretary of the Treasury, or the
designee thereof, shall serve as vice chairs of the Committee.
``(4) Membership.--The standing members of the Committee
shall--
``(A) be made up of the heads of those executive
departments, agencies, and offices as the President
determines appropriate; and
``(B) include the Director of National
Intelligence.
``(5) Assistance from other federal sources.--The
chairperson of the Committee may seek information and
assistance from any other department, agency, or office of the
Federal Government, and such department, agency, or office
shall provide such information or assistance, as the
chairperson determines necessary or appropriate to carry out
the duties of the Committee under this section.
``(6) Review process; documentation.--
``(A) Committee review process.--The chairperson of
the Committee shall establish written processes and
procedures to be used by the Committee in conducting
reviews and investigations under this section in any
case in which the Committee is acting as the
President's designee, including a description of the
role and responsibilities of each of the member
departments, agencies, and offices in the investigation
of foreign investment in the United States.
``(B) Departmental review process.--The head of
each department, agency, or office that serves as a
member of the Committee shall establish written
internal processes and procedures to be used by the
department, agency, or office in conducting reviews and
investigations under this section, and shall provide
such written procedures to the Committee.
``(7) Independent agency reviews required.--In any case in
which the Committee is acting as the President's designee under
this section, each member of the Committee shall conduct,
within the department, agency, or office of that member, an
independent review of each proposed merger, acquisition, or
takeover described in subsection (a) or (b), and shall timely
provide to the Committee written findings relating to each such
review.
``(8) Determinations not to conduct an investigation.--A
determination by the Committee not to conduct an investigation
under subsection (a) shall be made only after a review required
by subsection (a)(2), and shall be unanimous.
``(d) Action by the President.--
``(1) In general.--Subject to subsection (e), the President
may take such action for such time as the President considers
appropriate to suspend or prohibit any acquisition, merger, or
takeover of a person engaged in interstate commerce in the
United States proposed or pending on or after the date of
enactment of this section, by or with a foreign person so that
such control will not threaten to impair the national security
or homeland security.
``(2) Announcement by the president.--The President shall
announce the decision to take action pursuant to this
subsection not later than 15 days after the investigation
described in subsection (a) is completed. The President may
direct the Attorney General to seek appropriate relief,
including divestment relief, in the district courts of the
United States in order to implement and enforce this section.
``(e) Findings of the President.--The President may exercise the
authority conferred by subsection (d) only if the President finds
that--
``(1) there is credible evidence that leads the President
to believe that the foreign interest exercising control might
take action that threatens to impair the national security or
homeland security; and
``(2) provisions of law, other than this section and the
International Emergency Economic Powers Act, do not, in the
judgment of the President, provide adequate and appropriate
authority for the President to protect the national security or
homeland security in the matter before the President.
``(f) Actions and Findings Nonreviewable.--The actions of the
President under subsection (d) and the findings of the President under
subsection (e) shall not be subject to judicial review.
``(g) Factors to Be Considered.--For purposes of this section, the
President or the President's designee shall, taking into account the
requirements of national security and homeland security, consider among
other factors--
``(1) critical infrastructure, the control of which is
important to homeland security;
``(2) domestic production needed for projected national
defense and homeland security requirements;
``(3) the capability and capacity of domestic industries to
meet national defense requirements, including the availability
of human resources, products, technology, materials, and other
supplies and services;
``(4) the control of domestic industries and commercial
activity by foreign citizens as it affects the capability and
capacity of the United States to meet the requirements of
national security or homeland security;
``(5) the potential effects of the proposed or pending
transaction on sales of military goods, equipment, or
technology to any country--
``(A) identified by the Secretary of State--
``(i) under section 6(j) of the Export
Administration Act of 1979, as a country that
supports terrorism;
``(ii) under section 6(l) of the Export
Administration Act of 1979, as a country of
concern regarding missile proliferation; or
``(iii) under section 6(m) of the Export
Administration Act of 1979, as a country of
concern regarding the proliferation of chemical
and biological weapons; or
``(B) listed under section 309(c) of the Nuclear
Non-Proliferation Act of 1978, on the `Nuclear Non-
Proliferation-Special Country List' (15 C.F.R. Part
778, Supplement No. 4) or any successor list; and
``(6) the potential effects of the proposed or pending
transaction on United States international technological
leadership in areas affecting United States national security
or homeland security.
``(h) Confidentiality of Information.--Any information or
documentary material filed with the President or the President's
designee pursuant to this section shall be exempt from disclosure under
section 552 of title 5, United States Code, and no such information or
documentary material may be made public, except as may be relevant to
any administrative or judicial action or proceeding. Nothing in this
subsection shall be construed to prevent disclosure to either House of
Congress or to any duly authorized committee or subcommittee of
Congress.
``(i) Reports to Congress.--
``(1) Reports on investigation.--The President, or the
President's designee, shall immediately upon completion of an
investigation under subsection (a) or (b) transmit to the
members of Congress specified in paragraph (3) a written report
of the results of the investigation, before any determination
by the President on whether or not to take action under
subsection (d), including a detailed explanation of the
findings made under subsection (e), details of any legally
binding assurances provided by the foreign entity that were
negotiated as a condition for approval, and the factors
considered under subsection (g). Such report shall be prepared
in a manner that is consistent with the requirements of
subsection (h).
``(2) Quarterly submissions.--The President, or the
President's designee, shall transmit to the members of the
Congress specified in paragraph (3) on a quarterly basis, a
detailed summary and analysis of each merger, acquisition, or
takeover that is being reviewed, was reviewed during the
preceding 90-day period, or is likely to be reviewed in the
coming quarter by the President or the Committee under
subsection (a) or (b). Each such summary and analysis shall be
submitted in unclassified form, with classified annexes, as the
Secretary determines are required to protect company
proprietary information and other sensitive information. Each
such summary and analysis shall include an appendix detailing
dissenting views.
``(3) Members of congress.--The reports required by this
subsection shall be transmitted to--
``(A) the Majority Leader and the Minority Leader
of the Senate;
``(B) the chairs and ranking members of the
Committee on Homeland Security and Government Affairs,
the Committee on Armed Services, and the Committee on
Banking, Housing, and Urban Affairs of the Senate;
``(C) the Speaker and the Minority Leader of the
House of Representatives; and
``(D) the chairs and ranking members of the
Committee on Homeland Security, the Committee on Armed
Services, and the Committee on Financial Services of
the House of Representatives.
``(j) Regulations.--The Secretary shall issue regulations to carry
out this section. Such regulations shall, to the extent possible,
minimize paperwork burdens and shall to the extent possible coordinate
reporting requirements under this section with reporting requirements
under any other provision of Federal law.
``(k) Effect on Other Law.--Nothing in this section shall be
construed to alter or affect any existing power, process, regulation,
investigation, enforcement measure, or review provided by any other
provision of law.
``(l) Technology Risk Assessments.--In any case in which an
assessment of the risk of diversion of a critical technology is
performed by a person designated by the President for such purpose, a
copy of such assessment shall be provided to each member of the
Committee for purposes of reviewing or investigating a merger,
acquisition, or takeover under this section.
``(m) Quadrennial Report.--
``(1) In general.--In order to assist the Congress in its
oversight responsibilities with respect to this section, the
President and such agencies as the President shall designate
shall complete and furnish to the Congress, not later than 1
year after the date of enactment of this section and every 4
years thereafter, a report which--
``(A) evaluates whether there is credible evidence
of a coordinated strategy by 1 or more countries or
companies to acquire critical infrastructure within the
United States or United States companies involved in
research, development, or production of critical
technologies for which the United States is a leading
producer; and
``(B) evaluates whether there are industrial
espionage activities directed or directly assisted by
foreign governments against private United States
companies aimed at obtaining commercial secrets related
to critical technologies or critical infrastructure.
``(2) Release of unclassified study.--The report required
by this subsection may be classified. An unclassified version
of the report shall be made available to the public.
``(n) Exemption.--Notwithstanding any other provision of law, the
provisions of section 872 do not apply to the Committee or with respect
to any provision of this subtitle.
``(o) Definitions.--As used in this section--
``(1) the term `critical technologies' means technologies
identified under title VI of the National Science and
Technology Policy, Organization, and Priorities Act of 1976, or
other critical technology, critical components, or critical
technology items essential to national defense identified
pursuant to this section;
``(2) the term `Committee' means the Committee for Secure
Commerce, established under subsection (c);
``(3) the term `foreign person' means any foreign
organization or any individual resident in a foreign country or
any organization or individual owned or controlled by such an
organization or individual; and
``(4) the term `intelligence community' has the same
meaning as in section 3 of the National Security Act of 1947
(50 U.S.C. 401a).''. | Amends the Defense Production Act of 1950 to repeal provisions concerning presidential authority to review certain proposed mergers, acquisitions, or takeovers (transactions) of U.S. entities by foreign entities.
Amends the Homeland Security Act of 2002 to authorize the President (or his designee) to undertake an investigation to determine the effects on national or homeland security of transactions which could result in foreign control of persons engaged in interstate commerce in the United States. Requires the President to first conduct a review of the proposed transaction to determine whether an investigation is warranted. Requires, with respect to any investigation conducted, the Director of National Intelligence to create a report consolidating the intelligence findings, assessments, and concerns of each of the relevant members of the intelligence community.
Requires the President to conduct a mandatory investigation in any instance in which an entity controlled by or acting on behalf of a foreign government seeks to engage in any transaction which would result in control of a person engaged in interstate commerce in the United States. Establishes the Committee for Secure Commerce to act as the President's designee in the conduct of such investigations.
Authorizes the President to suspend or prohibit a transaction if he finds that: (1) there is credible evidence to believe that the foreign interest exercising control might take action that threatens the national or homeland security; and (2) provisions of law other than the Homeland Security Act of 2002 and the International Emergency Economic Powers Act do not provide adequate and appropriate authority to protect the national or homeland security. States that the President's actions and findings shall not be subject to judicial review.
Requires reports from the President to Congress: (1) each time an investigation is completed; and (2) quarterly on each transaction being reviewed. | {"src": "billsum_train", "title": "A bill to transfer authority to review certain mergers, acquisitions, and takeovers of United States entities by foreign entities to a designee established within the Department of Homeland Security, and for other purposes."} | 3,260 | 376 | 0.615884 | 1.941287 | 0.820588 | 4.387387 | 9.309309 | 0.927928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Child Protection Act
of 2002''.
SEC. 2. NATIONAL CRIMES AGAINST CHILDREN RESPONSE CENTER.
(a) In General.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 540A. National Crimes Against Children Response Center
``(a) Establishment.--There is established within the Federal
Bureau of Investigation a National Crimes Against Children Response
Center (referred to in this section as the `Center').
``(b) Mission.--The mission of the Center is to develop a national
response plan model that--
``(1) provides a comprehensive, rapid response plan to
report crimes involving the victimization of children; and
``(2) protects children from future crimes.
``(c) Duties.--To carry out the mission described in subsection
(b), the Director of the Federal Bureau of Investigation shall--
``(1) consult with the Deputy Assistant Attorney General
for the Crimes Against Children Office and other child crime
coordinators within the Department of Justice;
``(2) consolidate units within the Federal Bureau of
Investigation that investigate crimes against children,
including abductions, abuse, and sexual exploitation offenses;
``(3) develop a comprehensive, rapid response plan for
crimes involving children that incorporates resources and
expertise from Federal, State, and local law enforcement
agencies and child services professionals;
``(4) develop a national strategy to prevent crimes against
children that shall include a plan to rescue children who are
identified in child pornography images as victims of abuse;
``(5) create regional rapid response teams composed of
Federal, State, and local prosecutors, investigators, victim
witness specialists, mental health professionals, and other
child services professionals;
``(6) implement an advanced training program that will
enhance the ability of Federal, State, and local entities to
respond to reported crimes against children and protect
children from future crimes; and
``(7) conduct outreach efforts to raise awareness and
educate communities about crimes against children.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated for the Federal Bureau of Investigation such sums as
necessary for fiscal year 2003 to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 33 of title 28, United States Code, is amended by adding at the
end the following:
``540A. National Crimes Against Children Response Center.''.
SEC. 3. INTERNET AVAILABILITY OF INFORMATION CONCERNING REGISTERED SEX
OFFENDERS.
(a) In General.--Section 170101(e)(2) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071(e)(2)) is amended by
adding at the end the following: ``The release of information under
this paragraph shall include the maintenance of an Internet site
containing such information that is available to the public.''.
(b) Compliance Date.--Each State shall implement the amendment made
by this section within 3 years after the date of enactment of this Act,
except that the Attorney General may grant an additional 2 years to a
State that is making a good faith effort to implement the amendment
made by this section.
(c) National Internet Site.--The Crimes Against Children Section of
the Department of Justice shall create a national Internet site that
links all State Internet sites established pursuant to this section.
SEC. 4. DNA EVIDENCE.
Section 3(d) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135a(d)) is amended to read as follows:
``(d) Qualifying Federal Offense.--For purposes of this section,
the term `qualifying Federal offense' means--
``(1) any offense classified as a felony under Federal law;
``(2) any offense under chapter 109A of title 18, United
States Code;
``(3) any crime of violence as that term is defined in
section 16 of title 18, United States Code; or
``(4) any offense within the scope of section 4042(c)(4) of
title 18, United States Code.''.
SEC. 5. INCREASE OF STATUTE OF LIMITATIONS FOR CHILD ABUSE OFFENSES.
Section 3283 of title 18, United States Code, is amended by
striking ``25 years'' and inserting ``35 years''.
SEC. 6. ADMISSIBILITY OF SIMILAR CRIME EVIDENCE IN CHILD MOLESTATION
CASES.
Rule 414 of the Federal Rules of Evidence is amended--
(1) in subsection (a), by inserting ``or possession of
sexually explicit materials containing apparent minors'' after
``or offenses of child molestation''; and
(2) in subsection (d), by striking ``fourteen'' and
inserting ``18''.
SEC. 7. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.
(a) In General.--Chapter 119 of title 28, United States Code, is
amended by inserting after section 1826 the following:
``Sec. 1826A. Marital communications and adverse spousal privilege
``The confidential marital communication privilege and the adverse
spousal privilege shall be inapplicable in any Federal proceeding in
which a spouse is charged with a crime against--
``(1) a child of either spouse; or
``(2) a child under the custody or control of either
spouse.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 119 of title 28, United States Code, is amended by inserting
after the item relating to section 1826 the following:
``1826A. Marital communications and adverse spousal privilege.''.
SEC. 8. AUTHORIZATION OF INTERCEPTION OF COMMUNICATIONS IN THE
INVESTIGATION OF SEXUAL CRIMES AND OTHER CRIMES AGAINST
CHILDREN.
Section 2516(1)(c) of title 18, United States Code, is amended--
(1) by inserting ``section 1591 (sex trafficking of
children or by force, fraud, or coercion)'' after ``section
1511 (obstruction of State or local law enforcement),''; and
(2) by inserting ``section 2251A (selling or buying of
children), section 2252A (relating to material constituting or
containing child pornography), section 2260 (production of
sexually explicit depictions of a minor for importation into
the United States), sections 2421, 2422, 2423, and 2425
(relating to transportation for illegal sexual activity and
related crimes),'' after ``sections 2251 and 2252 (sexual
exploitation of children),''.
SEC. 9. INCREASE OF MAXIMUM SUPERVISED RELEASE TERM FOR SEX OFFENDERS.
Section 3583 of title 18, United States Code, is amended by adding
at the end the following:
``(k) Supervised Release Terms for Sex Offenders.--Notwithstanding
subsection (b), the authorized term of supervised release for any
offense under chapter 109A, 110, 117, section 1201 involving a minor
victim, or section 1591 is any term of years or life.''.
SEC. 10. INCREASE OF MAXIMUM PENALTIES FOR SEX OFFENSES.
Title 18, United States Code, is amended--
(1) in section 1591(b)(2), by striking ``20 years'' and
inserting ``40 years'';
(2) in section 2421, by striking ``10 years'' and inserting
``20 years'';
(3) in section 2422--
(A) in subsection (a), by striking ``10 years'' and
inserting ``20 years''; and
(B) in subsection (b), by striking ``15 years'' and
inserting ``30 years'';
(4) in section 2423--
(A) in subsection (a), by striking ``15 years'' and
inserting ``30 years''; and
(B) in subsection (b), by striking ``15 years'' and
inserting ``30 years''; and
(5) in section 2425, by striking ``5 years'' and inserting
``10 years''.
SEC. 11. DEPUTY ASSISTANT ATTORNEY GENERAL FOR CRIMES AGAINST CHILDREN.
(a) Establishment of Position.--
(1) In general.--Chapter 31 of title 28, United States
Code, is amended by inserting after section 507 the following:
``Sec. 507A. Deputy Assistant Attorney General for Crimes Against
Children
``(a) The Attorney General shall appoint a Deputy Assistant
Attorney General for Crimes Against Children.
``(b) The Deputy Assistant Attorney General shall be the head of
the Crimes Against Children Section (CACS) of the Department of
Justice.
``(c) The duties of the Deputy Assistant Attorney General shall
include the following:
``(1) To prosecute cases involving crimes against children.
``(2) To advise Federal prosecutors and law enforcement
personnel regarding crimes against children.
``(3) To provide guidance and assistance to Federal, State,
and local law enforcement agencies and personnel, and
appropriate foreign entities, regarding responses to crimes
against children.
``(4) To propose and comment upon legislation concerning
crimes against children.
``(5) Such other duties as the Attorney General may
require, including duties carried out by the head of the Child
Exploitation and Obscenity Section and the Terrorism and
Violent Crime Section of the Department of Justice.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 31 of title 28, United States Code, is
amended by inserting after the item relating to section 507 the
following:
``507A. Deputy Assistant Attorney General for Crimes Against
Children.''.
(b) Authorization of Appropriations for CACS.--There is authorized
to be appropriated for the Department of Justice for fiscal year 2003,
such sums as necessary to carry out this section.
SEC. 12. DIRECTIVE TO SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994(p) of
title 18, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review the Federal Sentencing
Guidelines and policy statements relating to child abuse and
exploitation offenses, including United States Sentencing Guideline
sections 2A3.1, 2A3.2, 2A3.3, 2A3.4, 2A4.1, 2G1.1, 2G2.1, 2G2.2, 2G2.3,
2G2.4, and 2G3.1 to determine whether those sections are sufficiently
severe.
(b) Considerations.--In reviewing the Federal Sentencing Guidelines
in accordance with subsection (a), the United States Sentencing
Commission shall consider whether the guidelines are adequate where--
(1) the victim had not attained the age of 12 years, or had
not attained the age of 16 years;
(2) the victim died, or sustained permanent, life-
threatening or serious injury as a result of the criminal act;
(3) the victim was abducted;
(4) the victim was abused by more than 1 participant;
(5) the offense involved more than 1 victim;
(6) the ability of the victim to appraise or control his or
her conduct was substantially impaired;
(7) the offense involved a large number of visual
depictions, including multiple images of the same victim; and
(8) the offense involved material that portrays sadistic or
masochistic conduct or other depictions of violence. | Comprehensive Child Protection Act of 2002 - Amends the Federal judicial code to establish within the Federal Bureau of Investigation (FBI) a National Crimes Against Children Response Center which shall develop a national response plan model that provides a comprehensive, rapid response plan to report crimes involving the victimization of children and protects children from future crimes.Sets forth the duties of the Director of the FBI with respect to that mission, including: (1) development of a national strategy; (2) creation of regional rapid response teams; and (3) outreach efforts to raise awareness and educate communities.Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct that the release of information under a State sex offender registration program include the maintenance of an Internet site containing such information that is available to the public. Directs the Crimes Against Children section of the Department of Justice to create a national Internet site that links all State Internet sites established under this Act.Increases from 25 to 30 years the statute of limitations for child abuse offenses. Makes the confidential marital communication privilege and the adverse spousal privilege inapplicable in Federal proceedings where a spouse is charged with a crime against a child of either spouse or against a child under the custody or control of either spouse. Increases penalties for sex offenses.Directs the Attorney General to appoint a Deputy Assistant Attorney General for Crimes Against Children. | {"src": "billsum_train", "title": "A bill to enhance national efforts to investigate, prosecute, and prevent crimes against children by increasing investigatory tools, criminal penalties, and resources and by extending existing laws."} | 2,635 | 310 | 0.619758 | 1.790417 | 0.801929 | 4.457692 | 8.853846 | 0.919231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetes Prevention Act of 2009''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) According to the Centers for Disease Control and
Prevention (CDC), the prevalence of diabetes in the United
States has more than doubled in the past quarter-century.
(2) The CDC reports that there are now more than 23,600,000
people in the United States living with diabetes and another
57,000,000 individuals with ``pre-diabetes'' in the United
States, which means that they have higher than normal blood
glucose levels or are at increased risk of developing diabetes
based on multiple risk factors.
(3) In 2002, the landmark Diabetes Prevention Program (DPP)
study found that lifestyle changes, such as diet and exercise,
can prevent or delay the onset of type 2 diabetes, and that
participants who made such lifestyle changes reduced their risk
of getting type 2 diabetes by 58 percent with some returning to
normal blood glucose levels.
(4) The New York Times has reported that lifestyle-based
interventions to control diabetes have resulted in positive
outcomes for patients, yet despite these successes, such
interventions were often unsustainable. While insurance
companies cover the treatments of complications of unchecked
diabetes, they tend not to cover the cheaper interventions to
prevent such complications.
(5) Emerging research and demonstrations projects funded by
the National Institutes of Health and the CDC in partnership
with Indiana University and the YMCA show that a carefully
designed group lifestyle intervention can be delivered for less
than $250 per person per year in community settings and can
achieve similar weight loss results to the DPP for adults with
pre-diabetes.
(6) Diabetes carries staggering costs. In 2007, the total
amount of the direct and indirect costs of diabetes was
estimated at $174,000,000,000 according to the American
Diabetes Association.
(7) The Urban Institute reported that if the Nation makes a
substantial investment in a national program that supports
group-based structured lifestyle intervention programs for
individuals at-risk of developing type 2 diabetes offered by
trained non-clinicians in community settings, the Nation could
save $191,000,000,000 over 10 years and achieve a 50 percent
reduction in diabetes cases among participants.
(8) There is a need to increase the availability of
effective community-based lifestyle programs for diabetes
prevention and offer incentive payments to health care
providers who refer at-risk patients for enrollment in such
programs to prevent diabetes, reduce complications, and lower
the costs associated with diabetes treatment in the United
States, and the Federal Government should encourage efforts to
replicate the results of the Diabetes Prevention Program on a
wider scale.
SEC. 3. NATIONAL DIABETES PREVENTION PROGRAM.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 317T the following:
``SEC. 317U. NATIONAL DIABETES PREVENTION PROGRAM.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall establish a
national diabetes prevention program targeted at persons at high risk
for diabetes of all ages in order to eliminate the preventable burden
of diabetes.
``(b) Program.--The program under subsection (a) shall include the
following:
``(1) Grants for community-based diabetes prevention
program model sites for persons at high risk for diabetes.--The
Secretary may award grants to recognized eligible entities--
``(A) to support community-based diabetes
prevention program model sites that work with the
health care delivery system--
``(i) to identify persons at high risk for
diabetes; and
``(ii) to refer such persons to, or provide
such persons with, cost-effective group-based
lifestyle intervention programs; and
``(B) to evaluate--
``(i) methods for ensuring the scalability
of recognized community-based diabetes
prevention program sites nationally;
``(ii) the health and economic benefits of
a national diabetes prevention program for
persons at high risk for diabetes in certain
age groups, including the pre-Medicare
population;
``(iii) emerging approaches to identify and
engage persons at high risk for diabetes in
health care and community-based programs;
``(iv) novel strategies for linking
community-based program delivery with existing
clinical services; and
``(v) the costs and cost effectiveness of
clinic-community linkages.
``(2) Recognition program.--The Secretary shall develop and
implement a program under which the Secretary recognizes, and
re-recognizes on an annual basis, eligible entities that
deliver community-based diabetes prevention programs. To be
recognized under this paragraph, an eligible entity shall--
``(A) describe its system for obtaining referral
from health care professionals for persons at high risk
for diabetes;
``(B) provide proof that the entity's staff have
been trained as diabetes prevention program lifestyle
interventionists and the entity has a system in place
to ensure that staff receive timely training updates;
``(C) agree to maintain a community board (for
purposes of advising the entity's community-based
diabetes prevention program) whose membership
includes--
``(i) a person at high risk for diabetes
who has completed a lifestyle intervention;
``(ii) a health care professional who
refers persons at high risk for diabetes to
lifestyle intervention programs;
``(iii) community leaders;
``(iv) representatives of the health
insurance industry; and
``(v) representatives of employers,
businesses, and nonprofit organizations that
are committed to offering healthy food and
physical activity opportunities for residents;
``(D) agree to provide data to the Secretary for
outcome evaluation monitoring purposes and quality
improvement, including data regarding the number of
persons served, participant attendance, completion
rates, weight loss obtained, participant satisfaction,
and referring clinician satisfaction;
``(E) develop a plan for communications between
referring clinicians and community-based diabetes
prevention program model sites;
``(F) agree to make available to the Secretary
copies of materials used in the entity's community-
based diabetes prevention program; and
``(G) provide evidence to the Secretary of quality
checks on trainers.
``(3) Training and outreach.--In partnership with State
diabetes prevention and control programs, academic
institutions, and a national network of community-based
nonprofit organizations focused on health and well-being, the
Secretary shall develop and implement, directly or through
grants to eligible entities--
``(A) a curriculum development and training program
for diabetes prevention master and lifestyle
intervention instructors to ensure consistency in--
``(i) the principles of type 2 diabetes
prevention programming throughout the United
States; and
``(ii) the collection of outcomes data for
quality assurance;
``(B) community outreach programs to identify
community and provider groups to participate in the
national diabetes prevention program and coordinate
quality assurance programs at the local level in
partnership with community-based organizations; and
``(C) a national partner outreach program to
identify and work with national partners--
``(i) to identify workers in the community
to complete training under subparagraph (A);
and
``(ii) to facilitate the recognition of
eligible entities under paragraph (2).
``(4) Evaluation, monitoring, and technical assistance.--
The Secretary shall provide quality assurance for each
community-based diabetes prevention program model site funded
under paragraph (1) and, as necessary and feasible, for other
recognized community-based diabetes prevention programs through
evaluation, monitoring, and technical assistance, including
by--
``(A) reviewing applications for recognition under
paragraph (2);
``(B) evaluating and monitoring program data
including providing standardized feedback to sites for
quality improvement;
``(C) making de-identified data available to the
public to ensure transparency of the recognition
program under paragraph (2);
``(D) conducting site visits and periodic audits;
``(E) providing technical assistance and a process
for improving performance in sites not meeting
standards for recognition under paragraph (2); and
``(F) establishing a public registry of recognized
eligible entities.
``(5) Applied research programs.--The Secretary shall award
grants to eligible entities to conduct diabetes prevention
research that--
``(A) advances the scalability of recognized
community-based diabetes prevention program sites
nationally;
``(B) examines model benefit and payment designs;
and
``(C) tests communications strategies to engage
providers and targeted at-risk populations.
``(6) Studies for diabetes prevention and management.--To
build on the findings of the national diabetes prevention
program under this section, the Secretary may conduct or
support studies to manage, reduce, and prevent type 2 diabetes
in at-risk populations, including consideration of factors such
as nutrition, exercise education, and basic physical
maintenance of healthy levels of cholesterol, body mass index,
hemoglobin A1C, and blood pressure rates.
``(c) Report to Congress.--Not later than the end of fiscal year
2011, and every 2 years thereafter, the Secretary shall submit a report
to the Congress on the implementation of this section, including the
progress achieved in eliminating the preventable burden of diabetes.
``(d) Definitions.--In this section:
``(1) The term `eligible entity' means--
``(A) a State or local health department;
``(B) a national network of community-based
organizations described in section 501(c)(3) of the
Internal Revenue Code of 1986 that is focused on health
and well-being;
``(C) an academic institution;
``(D) an Indian tribe or tribal organization (as
defined in section 4 of the Indian Self-Determination
and Education Assistance Act); or
``(E) any other entity determined by the Secretary
to be an eligible entity for purposes of this section.
``(2) The term `person at high risk for diabetes' means an
individual who has higher than normal blood glucose levels or
is at an increased risk for developing diabetes based on
multiple risk factors.
``(3) The term `recognized' means recognized under
subsection (b)(2).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $80,000,000 for fiscal year
2011, and such sums as may be necessary for each subsequent fiscal
year.''. | Diabetes Prevention Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish a national diabetes prevention program targeted at persons at high risk for diabetes.
Authorizes the Secretary to award grants to recognized eligible entities to: (1) support community-based diabetes prevention program model sites that work with the health care delivery system to identify such high risk persons and to refer them to, or provide them with, cost-effective group-based lifestyle intervention programs; and (2) evaluate methods for ensuring the scalability of recognized community-based diabetes prevention program sites nationally, the health and economic benefits of a national diabetes prevention program for high risk persons in certain age groups, emerging approaches to identify and engage persons at high risk in health care and community-based programs, novel strategies for linking community-based program delivery with existing clinical services, and the costs and cost effectiveness of clinic-community linkages.
Directs the Secretary to develop and implement: (1) a program under which the Secretary recognizes, annually, eligible entities that deliver community-based diabetes prevention programs; (2) a curriculum development and training program for diabetes prevention master and lifestyle intervention instructors; (3) community outreach programs to identify community and provider groups to participate in the national diabetes prevention program and coordinate quality assurance programs at the local level in partnership with community-based organizations; and (4) a national partner outreach program to identify and work with national partners to identify workers in the community to complete instructor training and to facilitate the recognition of eligible entities to deliver community-based diabetes prevention programs.
Requires the Secretary to: (1) provide quality assurance for each community-based diabetes prevention program model site funded under this Act and for other recognized community-based diabetes prevention programs; and (2) award grants to eligible entities to conduct diabetes prevention research. Authorizes the Secretary to conduct or support studies to manage, reduce, and prevent type-2 diabetes in at-risk populations. | {"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to the prevention of diabetes, and for other purposes."} | 2,219 | 416 | 0.566567 | 1.69986 | 0.788149 | 4.91687 | 5.437653 | 0.96577 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blackstone River Valley National
Historical Park Establishment Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish the Blackstone River Valley
National Historical Park--
(1) to help preserve, protect, and interpret the nationally
significant resources that exemplify the industrial heritage of
the Blackstone River Valley for the benefit and inspiration of
future generations;
(2) to support the preservation, protection, and
interpretation of the urban, rural, and agricultural landscape
features (including the Blackstone River and Canal) of the
region that provide an overarching context for the industrial
heritage of the Blackstone River Valley;
(3) to educate the public about--
(A) the nationally significant sites and districts
that convey the industrial history of the Blackstone
River Valley; and
(B) the significance of the Blackstone River Valley
to the past and present of the United States; and
(4) to support and enhance the network of partners in the
protection, improvement, management, and operation of related
resources and facilities throughout the John H. Chafee
Blackstone River Valley National Heritage Corridor.
SEC. 3. DEFINITIONS.
In this Act:
(1) National heritage corridor.--The term ``National
Heritage Corridor'' means the John H. Chafee Blackstone River
Valley National Heritage Corridor.
(2) Park.--The term ``Park'' means the Blackstone River
Valley National Historical Park established under section 4.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) States.--The term ``States'' means--
(A) the State of Massachusetts; and
(B) the State of Rhode Island.
SEC. 4. BLACKSTONE RIVER VALLEY NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established in the States a unit of
the National Park System, to be known as the ``Blackstone River Valley
National Historical Park''.
(b) Historic Sites and Districts.--The Park shall include--
(1) Blackstone River State Park; and
(2) the following resources, as described in Management
Option 3 of the study entitled ``Blackstone River Valley
Special Resource Study--Study Report 2011'':
(A) Old Slater Mill National Historic Landmark
District.
(B) Slatersville Historic District.
(C) Ashton Historic District.
(D) Whitinsville Historic District.
(E) Hopedale Village Historic District.
(F) Blackstone River and the tributaries of
Blackstone River.
(G) Blackstone Canal.
(c) Acquisition of Land; Park Boundary.--
(1) Land acquisition.--The Secretary may acquire land or
interests in land that are considered contributing historic
resources in the historic sites and districts described in
subsection (b)(2) for inclusion in the Park boundary by
donation, purchase from a willing seller with donated or
appropriated funds, or exchange.
(2) Park boundary.--On a determination by the Secretary
that a sufficient quantity of land or interests in land has
been acquired to constitute a manageable park unit, the
Secretary shall establish a boundary for the Park by publishing
a boundary map in the Federal Register.
(3) Other resources.--The Secretary may include in the Park
boundary any resources that are the subject of an agreement
with the States or a subdivision of the States entered into
under subsection (d)(4).
(4) Boundary adjustment.--On the acquisition of additional
land or interests in land under paragraph (1), or on entering
an agreement under paragraph (3), the boundary of the Park
shall be adjusted to reflect the acquisition or agreement by
publishing a Park boundary map in the Federal Register.
(5) Availability of map.--The maps referred to in this
subsection shall be available for public inspection in the
appropriate offices of the National Park Service.
(6) Administrative facilities.--The Secretary may acquire
not more than 10 acres in Woonsocket, Rhode Island for the
development of administrative, curatorial, maintenance, or
visitor facilities for the Park.
(7) Limitation.--Land owned by the States or a political
subdivision of the States may be acquired under this subsection
only by donation.
(d) Administration.--
(1) In general.--The Secretary shall administer land within
the boundary of the Park in accordance with--
(A) this section; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) the National Park Service Organic Act
(16 U.S.C. 1 et seq.); and
(ii) the Act of August 21, 1935 (16 U.S.C.
461 et seq.).
(2) General management plan.--
(A) In general.--Not later than 3 years after the
date on which funds are made available to carry out
this section, the Secretary shall prepare a general
management plan for the Park--
(i) in consultation with the States and
other interested parties; and
(ii) in accordance with section 12(b) of
the National Park System General Authorities
Act (16 U.S.C. 1a-7(b)).
(B) Requirements.--The plan shall consider ways to
use preexisting or planned visitor facilities and
recreational opportunities developed in the National
Heritage Corridor, including--
(i) the Blackstone Valley Visitor Center,
Pawtucket, Rhode Island;
(ii) the Captain Wilbur Kelly House,
Blackstone River State Park, Lincoln, Rhode
Island;
(iii) the Museum of Work and Culture,
Woonsocket, Rhode Island;
(iv) the River Bend Farm/Blackstone River
and Canal Heritage State Park, Uxbridge,
Massachusetts;
(v) the Worcester Blackstone Visitor
Center, located at the former Washburn & Moen
wire mill facility, Worcester, Massachusetts;
(vi) the Route 295 Visitor Center adjacent
to Blackstone River State Park; and
(vii) the Blackstone River Bikeway.
(3) Related sites.--The Secretary may provide technical
assistance, visitor services, interpretive tours, and
educational programs to sites and resources in the National
Heritage Corridor that are located outside the boundary of the
Park and associated with the purposes for which the Park is
established.
(4) Cooperative agreements.--
(A) In general.--To further the purposes of this
section and notwithstanding chapter 63 of title 31,
United States Code, the Secretary may enter into
cooperative agreements with the States, political
subdivisions of the States, nonprofit organizations
(including Blackstone River Valley National Heritage
Corridor, Inc.), and other interested parties--
(i) to provide technical assistance,
interpretation, and educational programs in the
historic sites and districts described in
subsection (b)(2); and
(ii) subject to the availability of
appropriations and subparagraphs (B) and (C),
to provide not more than 50 percent of the cost
of any natural, historic, or cultural resource
protection project in the Park that is
consistent with the general management plan
prepared under paragraph (2).
(B) Matching requirement.--As a condition of the
receipt of funds under subparagraph (A)(ii), the
Secretary shall require that any Federal funds made
available under a cooperative agreement entered into
under this paragraph are to be matched on a 1-to-1
basis by non-Federal funds.
(C) Reimbursement.--Any payment made by the
Secretary under subparagraph (A)(ii) shall be subject
to an agreement that the conversion, use, or disposal
of the project for purposes that are inconsistent with
the purposes of this section, as determined by the
Secretary, shall result in a right of the United States
to reimbursement of the greater of--
(i) the amount provided by the Secretary to
the project under subparagraph (A)(ii); or
(ii) an amount equal to the increase in the
value of the project that is attributable to
the funds, as determined by the Secretary at
the time of the conversion, use, or disposal.
(D) Public access.--Any cooperative agreement
entered into under this paragraph shall provide for
reasonable public access to the resources covered by
the cooperative agreement.
(e) Dedication; Memorial.--
(1) In general.--Congress dedicates the Park to John H.
Chafee, the former United States Senator from Rhode Island, in
recognition of--
(A) the role of John H. Chafee in the preservation
of the resources of the Blackstone River Valley and the
heritage corridor that bears the name of John H.
Chafee; and
(B) the decades of the service of John H. Chafee to
the people of Rhode Island and the United States.
(2) Memorial.--The Secretary shall display a memorial at an
appropriate location in the Park that recognizes the role of
John H. Chafee in preserving the resources of the Blackstone
River Valley for the people of the United States.
SEC. 5. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR AMENDMENTS.
Public Law 99-647 (16 U.S.C. 461 note; 100 Stat. 3625) is amended--
(1) in the first sentence of section 2 (110 Stat. 4202), by
striking ``the map entitled `Blackstone River Valley National
Heritage Corridor Boundary Map', numbered BRV-80-80,011, and
dated May 2, 1993'' and inserting ``the map entitled `John H.
Chafee Blackstone River Valley National Heritage Corridor--
Proposed Boundary', numbered 022/111530, and dated November 10,
2011'';
(2) in section 7 (120 Stat. 1858, 125 Stat. 155)--
(A) in the section heading, by striking
``termination of commission'' and inserting
``termination of commission; designation of local
coordinating entity'';
(B) by striking ``The Commission'' and inserting
the following:
``(a) In General.--The Commission''; and
(C) by adding at the end the following:
``(b) Local Coordinating Entity.--
``(1) Designation.--The Blackstone River Valley National
Heritage Corridor, Inc., shall be the local coordinating entity
for the Corridor (referred to in this section as the `local
coordinating entity').
``(2) Implementation of management plan.--The local
coordinating entity shall assume the duties of the Commission
for the implementation of the Cultural Heritage and Land
Management Plan developed and approved under section 6.
``(c) Use of Funds.--For the purposes of carrying out the
management plan, the local coordinating entity may use amounts made
available under this Act--
``(1) to make grants to the States of Massachusetts and
Rhode Island (referred to in this section as the `States'),
political subdivisions of the States, nonprofit organizations,
and other persons;
``(2) to enter into cooperative agreements with or provide
technical assistance to the States, political subdivisions of
the States, nonprofit organizations, Federal agencies, and
other interested parties;
``(3) to hire and compensate staff, including individuals
with expertise in--
``(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
``(B) economic and community development; or
``(C) heritage planning;
``(4) to obtain funds or services from any source,
including funds and services provided under any other Federal
law or program;
``(5) to contract for goods or services; and
``(6) to support activities of partners and any other
activities that further the purposes of the Corridor and are
consistent with the approved management plan.'';
(3) in section 8 (120 Stat. 1858)--
(A) in subsection (b)--
(i) by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(2) Cooperative agreements.--Notwithstanding chapter 63
of title 31, United States Code, the Secretary may enter into
cooperative agreements with the local coordinating entity
designated by paragraph (1) and other public or private
entities for the purpose of--
``(A) providing technical assistance; or
``(B) implementing the plan under section 6(c).'';
and
(B) by striking subsection (d) and inserting the
following:
``(d) Transition Memorandum of Understanding.--The Secretary shall
enter into a memorandum of understanding with the local coordinating
entity to ensure--
``(1) the appropriate transition of management of the
Corridor from the Commission to the local coordinating entity;
and
``(2) coordination regarding the implementation of the
Cultural Heritage and Land Management Plan.'';
(4) in section 10 (104 Stat. 1018, 120 Stat. 1858)--
(A) in subsection (a), by striking ``in which the
Commission is in existence'' and inserting ``until
September 30, 2016''; and
(B) by striking subsection (c); and
(5) by adding at the end the following:
``SEC. 11. REFERENCES TO THE CORRIDOR, INC.
``For purposes of sections 6, 8 (other than section 8(d)(1)), 9,
and 10, a reference to the `Commission' shall be considered to be a
reference to the local coordinating entity.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out sections 2 through 4. | . Blackstone River Valley National Historical Park Establishment Act - (Sec. 4) Establishes the Blackstone River Valley National Historical Park in Massachusetts and Rhode Island as a unit of the National Park System. Authorizes the Secretary of the Interior to acquire, by donation, purchase from a willing seller, or exchange any land or interests in land considered contributing historic resources in specified historic sites and districts for inclusion in the Park's boundary. Authorizes the Secretary to acquire up to 10 acres in Woonsocket, Rhode Island for the development of administrative, curatorial, or visitor facilities for the Park. Permits acquisition of lands owned by the states or political subdivisions by donation only. Requires the Secretary to prepare a general management plan for the Park, which shall consider ways of using preexisting or planned visitor facilities and recreational opportunities developed in the National Heritage Corridor. Authorizes the Secretary to provide technical assistance, visitor services, interpretive tours, and educational programs to sites and resources in the Corridor located outside of the Park's boundary which are associated with the purposes for which the Park is established. Authorizes the Secretary to enter into cooperative agreements with the states, their political subdivisions, nonprofit organizations (including Blackstone River Valley National Heritage Corridor, Inc.), and other interested parties to provide: (1) technical assistance, interpretation, and educational programs in the historic sites and districts; and (2) up to 50% of the cost of any natural, historic, or cultural resource protection project in the Park. Requires any federal funding made available under such an agreement to be matched on a one-to-one basis by non-federal funds. Requires an agreement for reimbursement of any payment made by the Secretary for the cost of any project in the Park if there is any conversion, use, or disposal of the project for purposes inconsistent with this Act's purposes. Dedicates the Park to former U.S. Senator John H. Chafee from Rhode Island in recognition of: (1) his role in the preservation of the resources of the Blackstone River Valley and the heritage corridor that bears his name, and (2) the decades of his service to the people of Rhode Island and the United States. Requires a memorial to be displayed at a location in the Park that recognizes Senator Chafee's role in the preservation of the resources of the Blackstone River Valley for the people of the United States. (Sec. 5) Adjusts the boundary of the John H. Chafee Blackstone River Valley National Heritage Corridor. Designates the Blackstone River Valley National Heritage Corridor, Inc., as the local coordinating entity for the Corridor. Requires the local coordinating entity to assume the duties of the Blackstone River Valley National Heritage Corridor Commission for the implementation of the Cultural Heritage and Land Management Plan. Allows the local coordinating entity to use amounts made available under this Act, among other things, to: (1) make grants to Massachusetts and Rhode Island, their political subdivisions, nonprofits, and other persons; and (2) enter into cooperative agreements with or provide technical assistance to such states, their political subdivisions, nonprofits, federal agencies, and other interested parties. Authorizes the Secretary to enter into agreements with the local coordinating entity and other public or private entities to provide technical assistance or to implement the Cultural Heritage and Land Management Plan. Directs the Secretary to enter into a memorandum of understanding with the local coordinating entity to ensure: (1) the transition of management of the Corridor from the John H. Chaffee Blackstone River Valley National Heritage Corridor Commission to the local coordinating entity, and (2) coordination regarding the implementation of the Plan. Extends the Commission through FY2016. (Sec. 6) Authorizes appropriations for establishment of the Blackstone River Valley National Historical Park. | {"src": "billsum_train", "title": "Blackstone River Valley National Historical Park Establishment Act"} | 2,982 | 833 | 0.668024 | 2.18998 | 0.664999 | 4.068587 | 3.768176 | 0.908093 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Our Students Communicate Act
of 2007''.
SEC. 2. EXPANSION OF LOAN FORGIVENESS TO SPEECH-LANGUAGE PATHOLOGISTS.
(a) FFEL Loans.--
(1) Forgiveness for speech-language pathologists
authorized.--Section 428J(b)(1) of the Higher Education Act of
1965 (20 U.S.C. 1078-10(b)(1)) is amended to read as follows:
``(1) has been employed for 5 consecutive complete school
years--
``(A) as a full-time teacher--
``(i) in a school that qualifies under
section 465(a)(2)(A) for loan cancellation for
Perkins loan recipients who teach in such
schools; and
``(ii) if employed as an elementary school
or secondary school teacher, who is highly
qualified as defined in section 9101 of the
Elementary Secondary Education Act of 1965, or
meets the requirements of subsection (g)(3); or
``(B) as a full-time speech-language pathologist--
``(i) to perform services principally in a
school described in subparagraph (A)(i); and
``(ii) who has, at a minimum, a graduate
degree in speech-language pathology, or
communication sciences and disorders; and''.
(2) Additional amounts for speech-language pathologists.--
Section 428J(c)(3) of such Act (20 U.S.C. 1078-10(c)(3)) is
amended--
(A) in the header, by inserting before the period
``, and speech-language pathologists'';
(B) by striking ``and'' at the end of subparagraph
(A);
(C) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(C) a speech-language pathologist who meets the
requirements of subsection (b).''.
(b) Direct Loans.--
(1) Forgiveness for speech-language pathologists
authorized.--Section 460(b)(1)(A) of the Higher Education Act
of 1965 (20 U.S.C. 1087j(b)(1)(A)) is amended to read as
follows:
``(A) has been employed for 5 consecutive complete
school years--
``(i) as a full-time teacher--
``(I) in a school that qualifies
under section 465(a)(2)(A) for loan
cancellation for Perkins loan
recipients who teach in such schools;
and
``(II) if employed as an elementary
school or secondary school teacher, who
is highly qualified as defined in
section 9101 of the Elementary
Secondary Education Act of 1965, or
meets the requirements of subsection
(g)(3); or
``(ii) as a full-time speech-language
pathologist--
``(I) to perform services
principally in a school described in
clause (i)(I); and
``(II) who has, at a minimum, a
graduate degree in speech-language
pathology, or communication sciences
and disorders; and''.
(2) Additional amounts for speech-language pathologists.--
Section 460(c)(3) of such Act (20 U.S.C. 1087j(c)(3)) is
amended--
(A) in the header, by inserting before the period
``, and speech-language pathologists'';
(B) by striking ``and'' at the end of subparagraph
(A);
(C) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(C) a speech-language pathologist who meets the
requirements of subsection (b).''.
(c) New Borrower Eligibility.--An individual who is a speech-
language pathologist shall not qualify under the amendments made by
this section unless such individual is a new borrower (as such term is
defined in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)) on or after October 1, 2007. | Helping Our Students Communicate Act of 2007 - Amends the Higher Education Act of 1965 to require the Secretary of Education to assume or cancel loans made under the Federal Family Education Loan or the Direct Loan programs to individuals who have been employed for five consecutive complete school years as full-time speech-language pathologists: (1) principally at elementary and secondary schools whose enrollment of disadvantaged students exceeds 30% and whose local educational agencies are eligible for funding under title I of the Elementary and Secondary Education Act of 1965; and (2) have at least a graduate degree in speech-language pathology, or communication sciences and disorders.
Caps loan forgiveness at $17,500.
Limits the benefits of this Act to new borrowers on or after October 1, 2007. | {"src": "billsum_train", "title": "To expand the teacher loan forgiveness provisions of the Higher Education Act of 1965 to include speech-language pathologists."} | 976 | 156 | 0.626198 | 1.824366 | 0.668906 | 2.616438 | 5.691781 | 0.767123 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dr. Joseph Medicine Crow
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) born November 27, 1913, near Lodge Grass on the Crow
Indian Reservation, Dr. Joseph Medicine Crow is the oldest
living Crow Indian veteran;
(2) Dr. Joseph Medicine Crow is recognized as a warrior by
his tribe for completing all 4 actions of counting coup while
serving in the United States Armed Services during World War II
in Germany, France, and Italy;
(3) he earned his first coup by leading a war party, a
detail of soldiers, under fire, to retrieve dynamite to use for
attacking German guns;
(4) he earned his second and third coups by touching the
first fallen enemy and stealing his weapon, and when he met a
German soldier on a street in France, Dr. Medicine Crow knocked
down the soldier and kicked his rifle away;
(5) he earned his fourth coup by entering an enemy camp and
stealing their horses by sneaking into a farm where German SS
officers were holed up for the night, stealthily entering a
barn and corral, mounting a horse and, with a Crow war cry,
running the horses toward the Americans as ``the fireworks
started'' behind him and soldiers started shooting;
(6) upon returning from World War II, Dr. Joseph Medicine
Crow was the first member of the Crow Tribe to earn a master's
degree;
(7) Dr. Joseph Medicine Crow has since received 3 honorary
PhDs, from the University of Southern California, University of
Montana, and Rocky Mountain College;
(8) Dr. Joseph Medicine Crow has lectured throughout the
world on topics such as his masters thesis, ``The Effects of
European Culture Contact Upon the Economic, Social, and
Religious Life of the Crow Indians'';
(9) Dr. Joseph Medicine Crow has been a longtime teacher at
Little Big Horn College in Crow Agency, Montana;
(10) Dr. Joseph Medicine Crow is a noted tribal historian
and has authored several books on Crow culture, including
``Handbook on Crow Indian Treaties & Laws'', ``Medicine Crow, a
Crow Chief'', ``From the Heart of the Crow Country'',
``Whiteman Runs Him, Custer's Last Scout'', and ``Counting
Coup--Becoming a Crow Chief on the Reservation and Beyond'';
(11) Dr. Joseph Medicine Crow was appointed tribal
historian and anthropologist by the Crow Tribal Council in
1948;
(12) Dr. Joseph Medicine Crow is a renowned figure who is
included in narratives of the West in major museums around the
world;
(13) Dr. Joseph Medicine Crow was awarded the Montana
Historical Society Trustees' award for contributions to Montana
history in 1992;
(14) Dr. Joseph Medicine Crow was awarded the Jeff Dykes
Memorial Award for Notable Contributions to Western Affairs by
the Potomac Corral of the Westerners in 2000;
(15) Dr. Joseph Medicine Crow was awarded the Montana
Governor's Tourism Award in 2005;
(16) on June 25, 2008, near the Tomb of the Unknown Soldier
at the Custer Battlefield Museum in Garryowen, Montana, Dr.
Joseph Medicine Crow will be awarded the French Legion of Honor
Chevalier medal and the Bronze Star for his service in the
United States Army during World War II;
(17) Dr. Joseph Medicine Crow has been nominated for the
Presidential Medal of Freedom, the Nation's highest civil
award, reserved for contributions to the country's culture,
history, and security; and
(18) Dr. Joseph Medicine Crow has proven himself to be a
highly accomplished role model by--
(A) serving the Crow Tribe and the United States
with valor and heroism in World War II;
(B) successfully integrating his past; and
(C) educating others about his cultural heritage.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design in commemoration of Dr.
Joseph Medicine Crow, in recognition of his especially meritorious role
as a warrior of the Crow Tribe, Army Soldier in World War II, tribal
historian, and author.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3, under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There are authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund. | Dr. Joseph Medicine Crow Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make appropriate arrangements for the presentation of a congressional gold medal in commemoration of Dr. Joseph Medicine Crow to recognize his especially meritorious role as a warrior of the Crow Tribe, Army Soldier in World War II, tribal historian, and author. | {"src": "billsum_train", "title": "A bill to award a congressional gold medal to Dr. Joseph Medicine Crow, in recognition of his especially meritorious role as a warrior of the Crow Tribe, Army Soldier in World War II, and author."} | 1,318 | 86 | 0.524627 | 1.586277 | 0.709099 | 7.070423 | 16.943662 | 0.957746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Military Family Financial
Benefits Act of 2007''.
SEC. 2. MODIFICATION OF ELIGIBLE RECIPIENTS OF DEATH GRATUITY WITH
RESPECT TO MEMBERS OF THE ARMED FORCES.
Paragraph (2) of section 1477(a) of title 10, United States Code,
is amended to read as follows:
``(2) His children (as prescribed by subsection (b)) or
such guardians or caretakers of his children (as so prescribed)
as he shall specify, in such proportions as he shall
specify.''.
SEC. 3. ANNUITIES FOR GUARDIANS OR CARETAKERS OF DEPENDENT CHILDREN
UNDER SURVIVOR BENEFIT PLAN.
(a) Election.--Section 1448(b) of title 10, United States Code, is
amended--
(1) in the subsection caption, by striking ``and Former
Spouse'' and inserting ``, Former Spouse, and Guardian or
Caretaker''; and
(2) by adding at the end the following new paragraph:
``(6) Guardian or caretaker coverage.--
``(A) General rule.--A person who is not married
and has one or more dependent children upon becoming
eligible to participate in the Plan may elect to
provide an annuity under the Plan to a natural person
(other than a natural person with an insurable interest
in the person under paragraph (1) or a former spouse)
who acts as a guardian or caretaker to such child or
children. In the case of a person providing a reserve-
component annuity, such an election shall include a
designation under subsection (e).
``(B) Termination of coverage.--Subparagraphs (B)
through (E) of paragraph (1) shall apply to an election
under subparagraph (A) of this paragraph in the same
manner as such subparagraphs apply to an election under
subparagraph (A) of paragraph (1).
``(C) Election of new beneficiary upon death of
previous beneficiary.--Subparagraph (G) of paragraph
(1) shall apply to an election under subparagraph (A)
of this paragraph in the same manner as such
subparagraph (G) applies to an election under
subparagraph (A) of paragraph (1), except that any new
beneficiary elected under such subparagraph (G) by
reason of this subparagraph shall be a guardian or
caretaker of the dependent child or children of the
person making such election.''.
(b) Payment of Annuity.--Section 1450 of such title is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(5) Guardian or caretaker coverage.--The natural person
acting as a guardian or caretaker of the dependent child or
children of the person designated under section 1448(b)(6) of
this title, unless the election to provide an annuity to the
natural person has been changed as provided in subsection
(f).''; and
(2) in the subsection caption of subsection (f), by
striking ``or Former Spouse'' and inserting ``, Former Spouse,
or Guardian or Caretaker''.
(c) Amount of Annuity.--Section 1451(b) of such title is amended--
(1) in the subsection caption, by inserting ``or Guardian
or Caretaker'' after ``Insurable Interest''; and
(2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)''
each place it appears in paragraphs (1) and (2).
(d) Reduction in Retired Pay.--Section 1452(c) of such title is
amended--
(1) in the subsection caption, by inserting ``or Guardian
or Caretaker'' after ``Insurable Interest''; and
(2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)''
each place it appears in paragraphs (1) and (3).
SEC. 4. IMPROVEMENTS OF PRE-DEPLOYMENT COUNSELING AND SERVICES FOR
MEMBERS OF THE ARMED FORCES.
(a) Panel.--The Secretary of Defense shall appoint, from among
individuals in the private sector qualified for such purpose, a panel
of individuals to--
(1) review the pre-deployment counseling and services
provided by the military departments to unmarried members of
the Armed Forces with dependent children;
(2) identify best practices among such counseling and
services; and
(3) recommend such improvements in such counseling and
services (including improvements in such best practices) as the
panel considers appropriate.
(b) Required Actions.--In carrying out its duties under subsection
(a), the panel appointed under that subsection shall--
(1) identify best practices in the pre-deployment
counseling and services provided by the military departments to
unmarried members of the Armed Forces with dependent children,
including best practices with respect to counseling and
services on--
(A) death benefits available to survivors of
members of the Armed Forces;
(B) dependency and indemnity compensation benefits
available under chapter 13 of title 38, United States
Code;
(C) Servicemembers' Group Life Insurance under
subchapter III of chapter 19 of title 38, United States
Code;
(D) traumatic injury protection under section 1980A
of title 38, United States Code;
(E) the Survivor Benefit Plan under subchapter II
of chapter 73 of title 10, United States Code;
(F) benefits payable under the Social Security Act;
and
(G) the preparation, maintenance, and
administration of family care plans, including elements
of such plans relating to death benefits, wills and
powers of attorney, trusts, maintenance and
safeguarding during deployment, and acknowledgment of
specific guardian and caretaker duties (including
beneficiary designation), and administrative
requirements (including command endorsement) relating
to such plans;
(2) identify best practices in the pre-deployment
counseling and services provided by the military departments to
unmarried members of the Armed Forces without dependent
children, and married members of the Armed Forces (whether with
or without dependent children), including best practices with
respect to counseling and services on each of the matters set
forth in subparagraphs (A) through (F) of paragraph (1);
(3) identify best practices among the military departments
in the deployment and availability of counseling and services
for such members at so-called ``Pre-Deployment Centers'',
including best practices with respect to--
(A) the availability of counseling on legal
matters;
(B) the availability of counseling on financial
matters;
(C) the involvement of family support groups in
such counseling;
(D) the availability of screening necessary for
current or future determinations regarding post-
traumatic stress disorder (PTSD);
(E) the availability of counseling for suicide
prevention; and
(F) the provision and scope of training for pre-
deployment counselors;
(4) identify, from among the best practices identified
under paragraphs (1), (2), and (3), best practices to be
adopted across the military departments in order to ensure the
uniform availability to such members of meaningful and
effective pre-deployment counseling and services; and
(5) make such recommendations in any practices identified
under paragraph (4) as the panel considers appropriate to
enhance the counseling and services identified under that
paragraph.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the panel appointed under subsection (a) shall
submit to the Secretary and the congressional defense committees a
report on its actions under this section. The report shall set forth in
comprehensive detail the best practices identified under subsection
(b)(4) and any recommendations for improvements in such best practices
made under subsection (b)(5).
(d) Implementation.--Not later than 120 days after the date of the
receipt of the report required by subsection (c), the Secretary shall
ensure the implementation by the military departments of the best
practices identified under subsection (b)(4), together with any
improvements recommended under subsection (b)(5).
(e) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' means--
(1) the Committees on Armed Services and Appropriations of
the Senate; and
(2) the Committees on Armed Services and Appropriations of
the House of Representatives. | Protecting Military Family Financial Benefits Act of 2007 - Allows an unmarried member of the Armed Forces with one or more dependent children, upon becoming eligible to participate in the Survivor Benefit Plan (SBP), to elect to provide an SBP annuity to an individual who acts as a guardian or caretaker to the dependent child or children.
Directs the Secretary of Defense to appoint a panel to review and identify best practices among pre-deployment counseling and services provided by the military departments to unmarried members of the Armed Forces with dependent children. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to improve certain death and survivor benefits with respect to members of the Armed Forces, and for other purposes."} | 1,857 | 130 | 0.495616 | 1.258123 | 0.589908 | 4.188119 | 16.792079 | 0.940594 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Family and Medical
Leave Improvements Act of 1997''.
(b) Reference.--Whenever in this Act (other than in section 4) 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 Family and Medical Leave
Act of 1993.
SEC. 2. COVERAGE OF EMPLOYEES.
Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 (29 U.S.C. 2611
(2)(B)(ii) and (4)(A)(i)) are each amended by striking ``50'' each
place it appears and inserting ``25''.
SEC. 3. GENERAL REQUIREMENTS FOR LEAVE.
(a) Entitlement to Leave.--Section 102(a) (29 U.S.C. 2612(a)) is
amended by adding at the end the following:
``(3) Entitlement to parental involvement and elder-care
leave.--
``(A) In general.--Subject to section 103(f), an
eligible employee shall be entitled to a total of 24
hours of leave during any 12-month period, in addition
to leave available under paragraph (1), to--
``(i) participate in school activities
directly related to the educational advancement
of a son or daughter of the employee, such as
parent-teacher conferences or interviewing for
a new school;
``(ii) accompany the son or daughter of the
employee to routine medical or dental
appointments, such as checkups or vaccinations;
and
``(iii) accompany an elderly relative of
the employee to routine medical or dental
appointments or appointments for other
professional services related to the elder's
care, such as interviewing at nursing or group
homes.
``(B) Definitions.--As used in this paragraph:
``(i) School.--The term `school' means an
elementary school or secondary school (as such
terms are defined in section 14101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801)), a Head Start program
assisted under the Head Start Act (42 U.S.C.
9831 et seq.), and a child care facility
licensed under State law.
``(ii) Elderly relative.--The term `elderly
relative' means an individual of at least 60
years of age who is related by blood or
marriage to the employee, including a parent.''.
(b) Schedule.--Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended
by inserting after the second sentence the following: ``Leave under
subsection (a)(3) may be taken intermittently or on a reduced leave
schedule.''.
(c) Substitution of Paid Leave.--Section 102(d)(2)(A) (29 U.S.C.
2612(d)(2)(A)) is amended by inserting before the period the following:
``, or for leave provided under subsection (a)(3) for any part of the
24-hour period of such leave under such subsection''.
(d) Notice.--Section 102(e) (29 U.S.C. 2612(e)) is amended by
adding at the end the following:
``(3) Notice for parental involvement and eldercare
leave.--If the necessity for leave under subsection
(a)(3) is foreseeable, the employee shall provide the
employer with not less than 7 days notice before the
date the leave is to begin. If the necessity for leave
is not foreseeable, the employee shall provide such
notice as is practicable.''.
(e) Certification.--Section 103 (29 U.S.C. 2613) is amended by
adding at the end the following:
``(f) Certification for Parental Involvement and Elder-Care
Leave.--An employer may require that a request for leave under section
102(a)(3) be supported by a certification issued at such time and in
such manner as the Secretary may by regulation prescribe.''.
SEC. 4. LEAVE FOR CIVIL SERVICE EMPLOYEES.
(a) Entitlement to Leave.--Section 6382(a) of title 5, United
States Code, is amended by adding at the end the following:
``(3)(A) Subject to section 6383(f), an employee
shall be entitled to a total of 24 hours of leave
during any 12-month period, in addition to leave
available under paragraph (1), to:
``(i) participate in school activities
directly related to the educational advancement
of a son or daughter of the employee, such as
parent-teacher conferences, or interviewing for
a new school;
``(ii) accompany the son or daughter of the
employee to routine medical or dental
appointments, such as checkups or vaccinations;
and
``(iii) accompany an elderly relative of
the employee to routine medical or dental
appointments or appointments for other
professional services related to the elder's
care, such as interviewing at nursing or group
homes.
``(B) As used in this paragraph:
``(i) The term `school' means an elementary
school or secondary school (as such terms are
defined in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
8801)), a Head Start program assisted under the
Head Start Act (42 U.S.C. 9831 et seq.), and a
child care facility licensed under State law.
``(ii) The term `elderly relative' means an
individual of at least 60 years of age who is
related by blood or marriage to the employee,
including a parent.''.
(b) Schedule.--Section 6382(b)(1) of such title is amended by
inserting after the second sentence the following: ``Leave under
subsection (a)(3) may be taken intermittently or on a reduced leave
schedule.''.
(c) Substitution of Paid Leave.--Section 6382(d) of such title is
amended by inserting before ``, except'' the following: ``, or for
leave provided under subsection (a)(3) any of the employee's accrued or
accumulated annual leave under subchapter I for any part of the 24-hour
period of such leave under such subsection''.
(d) Notice.--Section 6382(e)(1) of such title is amended by adding
at the end the following: ``If the necessity for leave under subsection
(a)(3) is foreseeable, the employee shall provide the employer with not
less than 7 days notice before the date the leave is to begin. If the
necessity for leave is not foreseeable, the employee shall provide such
notice as is practicable.''.
(e) Certification.--Section 6383 of such title is amended by adding
at the end the following:
``(f) Certification.--An employing agency may require that a
request for leave under section 6382(a)(3) be supported by a
certification issued at such time and in such manner as the Office of
Personnel Management may by regulation prescribe.''.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect 120 days after the date of enactment. | Family and Medical Leave Improvements Act of 1997 - Amends the Family and Medical Leave Act of 1993 to extend coverage to employees at worksites where the employer employs at least 25 (currently 50) employees at the worksite and within 75 miles of that worksite.
Allows employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement and elder care leave to: (1) participate in or attend their children's educational and extracurricular activities; (2) accompany the child to routine medical or dental appointments; and (3) accompany an elderly relative to routine medical or dental appointments or appointments for other professional services related to the elder's care, such as interviewing at nursing or group homes.
Amends Federal civil service law to apply the same parental involvement and elder care leave allowance to Federal employees. | {"src": "billsum_train", "title": "Family and Medical Leave Improvements Act of 1997"} | 1,690 | 181 | 0.56301 | 1.57185 | 0.78474 | 2.777143 | 8.097143 | 0.834286 |
SECTION 1. PROTECTING THE INTEGRITY OF THE SOCIAL SECURITY ACCOUNT
NUMBER CARD.
(a) Improvements to Card.--
(1) In general.--For purposes of carrying out section 274A
of the Immigration and Nationality Act, the Commissioner of
Social Security (in this section referred to as the
``Commissioner'') shall make such improvements to the physical
design, technical specifications, and materials of the social
security account number card as are necessary to ensure that it
is a genuine official document and that it offers the best
possible security against counterfeiting, forgery, alteration,
and misuse.
(2) Performance standards.--In making the improvements
required in paragraph (1), the Commissioner shall--
(A) make the card as secure against counterfeiting
as the 100 dollar Federal Reserve note, with a rate of
counterfeit detection comparable to the 100 dollar
Federal Reserve note, and
(B) make the card as secure against fraudulent use
as a United States passport.
(3) Reference.--In this section, the term ``secured social
security account number card'' means a social security account
number card issued in accordance with the requirements of this
subsection.
(4) Effective date.--All social security account number
cards issued after January 1, 2002, whether new or replacement,
shall be secured social security account number cards.
(b) Use for Employment Verification.--Beginning on January 1, 2008,
a document described in section 274A(b)(1)(C) of the Immigration and
Nationality Act is a secured social security account number card (other
than such a card which specifies on the face that the issuance of the
card does not authorize employment in the United States).
(c) Not a National Identification Card.--Cards issued pursuant to
this section shall not be required to be carried upon one's person, and
nothing in this section shall be construed as authorizing the
establishment of a national identification card.
(d) No New Databases.--Nothing in this section shall be construed
as authorizing the establishment of any new databases.
(e) Education Campaign.--The Commissioner of Immigration and
Naturalization, in consultation with the Commissioner of Social
Security, shall conduct a comprehensive campaign to educate employers
about the security features of the secured social security card and how
to detect counterfeit or fraudulently used social security account
number cards.
(f) Annual Reports.--The Commissioner of Social Security shall
submit to Congress by July 1 of each year a report on--
(1) the progress and status of developing a secured social
security account number card under this section,
(2) the incidence of counterfeit production and fraudulent
use of social security account number cards, and
(3) the steps being taken to detect and prevent such
counterfeiting and fraud.
(g) GAO Annual Audits.--The Comptroller General shall perform an
annual audit, the results of which are to be presented to the Congress
by January 1 of each year, on the performance of the Social Security
Administration in meeting the requirements in subsection (a).
(h) Expenses.--No costs incurred in developing and issuing cards
under this section that are above the costs that would have been
incurred for cards issued in the absence of this section shall be paid
for out of any Trust Fund established under the Social Security Act.
There are authorized to be appropriated such sums as may be necessary
to carry out this section.
SEC. 2. CRIMINAL PENALTIES FOR FRAUD AND RELATED ACTIVITY WITH WORK
AUTHORIZATION DOCUMENTS.
(a) In General.--Section 1028 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraphs (1) and (2) by striking ``an
identification document or a false identification
document'' each place it appears and inserting ``an
identification document, false identification document,
work authorization document, or false work
authorization document'';
(B) in paragraph (3) by striking ``identification
documents (other than those issued lawfully for the use
of the possessor) or false identification documents''
and inserting ``identification or work authorization
documents (other than those issued lawfully for the use
of the possessor) or false identification or work
authorization documents'';
(C) in paragraph (4) by striking ``an
identification document (other than one issued lawfully
for the use of the possessor) or a false identification
document'' and inserting ``an identification or work
authorization document (other than one issued lawfully
for the use of the possessor) or a false identification
or work authorization document'';
(D) in paragraph (5) by inserting ``or in the
production of a false work authorization document''
after ``false identification document''; and
(E) in paragraph (6) by inserting ``or work
authorization document'' after ``identification
document'' each place it appears;
(2) in subsection (b)(1)--
(A) by striking ``an identification document or
false identification document'' in subparagraph (A) and
inserting ``an identification document, false
identification document, work authorization document,
or false work authorization document'';
(B) in subparagraph (A)--
(i) by striking ``or'' at the end of clause
(i);
(ii) by inserting ``or'' at the end of
clause (ii); and
(iii) by inserting the following new clause
after clause (ii):
``(iii) a work authorization document;'';
and
(C) by striking ``identification documents or false
identification documents'' in subparagraph (B) and
inserting ``identification documents, false
identification documents, work authorization documents,
or false work authorization documents'';
(3) in subsection (b)(2)(A) by striking ``a false
identification document;'' and inserting ``a false
identification document, work authorization document, or false
work authorization document;'';
(4) in subsection (c)--
(A) by striking ``identification document or false
identification document'' each place it appears in
paragraph (1) and inserting ``identification document,
false identification document, work authorization
document, or false work authorization document''; and
(B) by adding ``work authorization document, false
work authorization document,'' after ``false
identification document,'' in paragraph (3); and
(5) in subsection (d)--
(A) by striking ``and'' at the end of paragraph
(5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; and''; and
(C) by inserting after paragraph (6) the following
new paragraph:
``(7) the term `work authorization document' means any
document described in section 274A(b)(1)(C) of the Immigration
and Nationality Act.''.
(b) Conforming Amendments.--
(1) Identity theft and assumption deterrence act.--Section
4(b)(2) of the Identity Theft and Assumption Deterrence Act of
1998 (Public Law 105-318; 112 Stat. 3010) is amended by
striking ``or false identification documents'' and inserting
``false identification documents, work authorization documents,
or false work authorization documents''.
(2) Heading.--The heading for section 1028 of title 18,
United States Code, is amended to read as follows:
``Sec. 1028. Fraud and related activity in connection with
identification and work authorization documents and
information''
(c) Clerical Amendment.--The item relating to section 1028 in the
table of sections at the beginning of chapter 47 of title 18, United
States Code, is amended to read as follows:
``1028. Fraud and related activity in connection with identification
and work authorization documents and
information.''. | Directs the Commissioner of Social Security to improve the social security card (card) for purposes of carrying out illegal alien employment provisions under the Immigration and Nationality Act. Provides that cards issued pursuant to this Act shall not be required to be carried upon one's person, and that nothing in this Act shall be construed as authorizing the establishment of a national identification card.
Directs the Commissioner of Immigration and Naturalization to conduct an education campaign aimed at educating employers about card security features and how to detect fraudulently used cards.
Authorizes appropriations.
Amends the Federal criminal code to provide for criminal penalties for fraud and related activities concerning work authorization documents. | {"src": "billsum_train", "title": "To improve the integrity of the Social Security card and to provide for criminal penalties for fraud and related activity involving work authorization documents for purposes of the Immigration and Nationality Act."} | 1,722 | 143 | 0.580916 | 1.57877 | 0.758419 | 3.620968 | 12.862903 | 0.879032 |
SECTION 1. PROGRAM EXPANSION.
The 21st Century Community Learning Centers Act (20 U.S.C. 8241 et
seq.) is amended to read as follows:
``PART I--21ST CENTURY COMMUNITY LEARNING CENTERS
``SEC. 10901. SHORT TITLE.
``This part may be cited as the `21st Century Community Learning
Centers Act'.
``SEC. 10902. FINDINGS.
``Congress finds the following:
``(1) Each day during the school year, millions of children
return to unsupervised homes after school. Each week, between
5,000,000 and 15,000,000 children return from school to empty
homes.
``(2) Child care experts believe that there is a direct
correlation between the degree of after-school supervision and
grade completion. Students who have little or no after-school
supervision are more apt to receive poor grades or to drop out
of school than students who are engaged in supervised,
constructive activities.
``(3) A recent study found that twice as many parents want
supervised after-school programs for their children than are
currently available.
``(4) Statistically, most juvenile crime takes place
between the hours of 2:00 p.m. and 8:00 p.m. and our children
are most at risk of being victims of crime during the hours
after school. Quality after-school programs help to protect our
children while affording them enhanced opportunities to succeed
academically.
``(5) Twenty-first century community learning centers serve
as a marvelous local resource for our communities to develop
the best strategies to integrate after-school programs into the
whole education of their youth. Strategies developed locally
best fit the unique needs of each community and those of its
school-aged citizens.
``SEC. 10903. PROGRAM AUTHORIZATION.
``(a) Grants by the Secretary.--The Secretary is authorized, in
accordance with the provisions of this part, to award grants to rural
and inner-city schools and organizations, or consortia of such schools
or organizations, to enable such schools or organizations to plan,
implement, or to expand after-school projects that benefit the
educational, health, social service, cultural, and recreational needs
of a rural or inner-city youth.
``(b) Equitable Distribution.--In awarding grants under this part,
the Secretary shall assure an equitable distribution of assistance
among the States, among urban and rural areas of the United States, and
among urban and rural areas of a State.
``(c) Grant Period.--The Secretary shall award grants under this
part for a period not to exceed 3 years.
``(d) Amount.--The Secretary shall not award a grant under this
part in any fiscal year in an amount less than $40,000.
``SEC. 10904. APPLICATION REQUIRED.
``(a) Application.--To be eligible to receive a grant under this
part, a school or organization, or consortia of such schools or
organizations, shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably prescribe. Each such application shall
include--
``(1) a comprehensive local plan that enables the school or
organization, or consortia of such schools or organizations, to
serve as a center for the delivery of education and human
resources for youth through after-school programs;
``(2) an evaluation of the needs, available resources, and
goals and objectives for the proposed project in order to
determine which activities will be undertaken to address such
needs; and
``(3) a description of the proposed project, including--
``(A) a description of the mechanism that will be
used to disseminate information in a manner that is
understandable and accessible to the community;
``(B) identification of Federal, State, and local
programs to be merged or coordinated so that public
resources may be maximized;
``(C) a description of the collaborative efforts to
be undertaken by community-based organizations, related
public agencies, businesses, or other appropriate
organizations;
``(D) a description of how the school,
organization, or consortia of such schools or
organizations, will serve as a delivery center for
existing and new after-school services; and
``(E) an assurance that the school, organization,
or consortia of such schools or organizations, will
establish a facility utilization policy that
specifically states--
``(i) the rules and regulations applicable
to building and equipment use; and
``(ii) supervision guidelines.
``(b) Priority.--The Secretary shall give priority to applications
describing projects that offer a broad selection of services which
address the needs of youth in after-school programs.
``SEC. 10905. USES OF FUNDS.
``Grants awarded under this part may be used to plan, implement, or
expand community learning centers.
``SEC. 10906. DEFINITIONS.
``For the purpose of this part--
``(1) the term ``community learning center'' means an
entity that provides educational, recreational, health, and
social service programs for youth within a local community;
``(2) the term ``organization'' means a youth development
group, local charity, religious organization, community-based
organization, or faith-based organization;
``(3) the term ``school'' means a public elementary or
secondary school.
``(4) the term ``after-school program'' means a child care
program to assist working parents when school is not in
session, including before- and after-school, weekends,
holidays, and vacations.
``SEC. 10907. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $1,000,000,000 for fiscal
year 2001, and such sums as may be necessary for each succeeding fiscal
year thereafter, to carry out this part.''. | Retains the provision that authorizes such grants be used to plan, implement, or expand community learning centers, but eliminates the requirement that such centers include four or more of specified activities.
Extends the authorization of appropriations for such grants program. | {"src": "billsum_train", "title": "21st Century Community Learning Centers Act"} | 1,300 | 55 | 0.413645 | 1.081203 | 0.876449 | 2.434783 | 26.652174 | 0.782609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Abolition of the
Transatlantic Slave Trade Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) On March 2, 1807, President Thomas Jefferson signed into
law a bill approved by the Congress ``An Act to prohibit the
importation of slaves into any port or place within the
jurisdiction of the United States'' (hereinafter in this Act
referred to as the ``1808 Transatlantic Slave Trade Act'') and made
it unlawful ``to import or bring into the United States or
territories thereof from any foreign kingdom, place or country, any
negro, mulatto, or person of colour, with intent to hold, sell, or
dispose of such * * * as a slave, or to be held to service or
labour''.
(2) Article I, Section 9 of the United States Constitution
clearly spelled out that the international slave trade could not be
banned before 1808, and it is only on January 1, 1808, that the
1808 Transatlantic Slave Trade Act went into effect.
(3) An Act entitled ``An Act to continue in force `An act to
protect the commerce of the United States, and punish the crime of
piracy,' and also to make further provisions for punishing the
crime of piracy'', enacted May 15, 1820, made it unlawful for any
citizen of the United States to engage ``in the slave trade, or * *
*, being of the crew or ship's company of any foreign ship * * *,
seize any negro or mulatto * * * with the intent to make * * * a
slave * * * or forcibly bring * * * on board any such ship * *
*.''.
(4) The transatlantic slave trade entailed the kidnapping,
purchase, and commercial export of Africans, mostly from West and
Central Africa, to the European colonies and new nations in the
Americas, including the United States, where they were enslaved in
forced labor between the 15th and mid-19th centuries.
(5) The term ``Middle Passage'' refers to the horrific part of
the transatlantic slave trade when millions of Africans were
chained together and stowed by the hundreds in overcrowded ships
where they were forced into small spaces for months without relief
as they were transported across the Atlantic Ocean to the Americas.
(6) During the Middle Passage, enslaved Africans resisted their
enslavement through non-violent and violent means, including hunger
strikes, suicide, and shipboard revolts, the most historically-
recognized events taking place on board the Don Carlos in 1732 and
on board the Amistad in 1839.
(7) Scholars estimate that, at a minimum, between 10,000,000
and 15,000,000 Africans survived the Middle Passage, were imported
as chattel through customs houses and ports across the Americas,
and were sold into slavery.
(8) The thirteenth amendment to the Constitution of the United
States recognizes that ``Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall have been
duly convicted, shall exist within the United States, or any place
subject to their jurisdiction.''.
(9) The slave trade and the legacy of slavery continue to have
a profound impact on social and economic disparity, hatred, bias,
racism, and discrimination, and continue to affect people in the
Americas, particularly those of African descent.
(10) In 2007, the British Parliament marked the 200th
anniversary of the abolition of the slave trade in the former
British Empire with plans launched by the Department for Education
and Skills which provided joint funding of 910,000 ($1,800,000)
for the Understanding Slavery Initiative, and the Heritage Lottery
Fund announced awards of over 20,000,000 ($40,000,000) for
projects to commemorate the anniversary.
(b) Purpose.--The purpose of this Act is to establish the
Commission on the Abolition of the Transatlantic Slave Trade to--
(1) ensure a suitable national observance of the bicentennial
anniversary of the abolition of the transatlantic slave trade by
sponsoring and supporting commemorative programs;
(2) cooperate with and assist programs and activities
throughout the United States in observance of the bicentennial
anniversary of the abolition of the transatlantic slave trade;
(3) assist in ensuring that the observations of the
bicentennial anniversary of the abolition of the transatlantic
slave trade are inclusive and appropriately recognize the
experiences of all people during this period in history;
(4) support and facilitate international involvement in
observances of the bicentennial anniversary of the abolition of the
transatlantic slave trade; and
(5) study the impact of the transatlantic slave trade on the
United States and the Americas.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``Commission
on the Abolition of the Transatlantic Slave Trade'' (referred to in
this Act as the ``Commission'').
SEC. 4. MEMBERSHIP, DUTIES, AND RELATED MATTERS.
(a) Membership.--
(1) In general.--
(A) The Commission shall be composed of nine members, of
whom--
(i) three shall be appointed by the Speaker of the
House of Representatives;
(ii) two shall be appointed by the Majority Leader of
the Senate;
(iii) two shall be appointed by the Minority Leader of
the House of Representatives; and
(iv) two shall be appointed by the Minority Leader of
the Senate.
(B) Each appointing authority described in subparagraph (A)
shall appoint the initial members of the Commission not later
than 30 days after the date of the enactment of this Act.
(2) Qualifications.--Members of the Commission shall be
individuals with demonstrated expertise or experience in the study
and program facilitation on the transatlantic slave trade and the
institution of slavery as it relates to the United States and the
Americas.
(3) Term; vacancies.--
(A) Term.--A member of the Commission shall be appointed
for the life of the Commission.
(B) Vacancies.--
(i) In general.--A vacancy on the Commission shall be
filled in the same manner in which the original appointment
was made.
(ii) Partial term.--A member appointed to fill a
vacancy on the Commission shall serve for the remainder of
the term for which the predecessor of the member was
appointed.
(4) Meetings.--
(A) In general.--The Commission shall meet--
(i) as many times as necessary; or
(ii) at the call of the Chairperson or the majority of
the members of the Commission.
(B) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its initial meeting.
(C) Notice of meetings.--All Commission members shall be
given reasonable advance notice of all Commission meetings.
(D) Appointment of chairperson and executive director.--Not
later than 60 days after the date on which all members of the
Commission have been appointed, the Commission shall--
(i) designate one of the members as Chairperson; and
(ii) select an executive director as described under
subsection (d)(2).
(5) Voting.--
(A) In general.--The Commission shall act only on an
affirmative vote of a majority of the members of the
Commission.
(B) Quorum.--A majority of the members of the Commission,
which includes at least one member appointed pursuant to clause
(iii) or (iv) of paragraph (1)(A), shall constitute a quorum
for conducting business but fewer members may meet or hold
hearings.
(b) Duties.--
(1) In general.--The Commission shall--
(A) plan, develop, and execute programs and activities
appropriate to commemorate the bicentennial anniversary of the
abolition of the transatlantic slave trade;
(B) facilitate commemoration-related activities throughout
the United States;
(C) encourage civic, historical, educational, religious,
economic, and other organizations, as well as State and local
governments, throughout the United States to organize and
participate in anniversary activities to expand the
understanding and appreciation of the significance of the
transatlantic slave trade and the institution of slavery,
particularly as it relates to the United States;
(D) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, the
transatlantic slave trade and the institution of slavery,
particularly as it relates to the United States;
(E) assist in the development of appropriate programs and
facilities to ensure that the bicentennial anniversary of the
abolition of the transatlantic slave trade provides a lasting
legacy and long-term public benefit;
(F) support and facilitate marketing efforts for the
issuance of a commemorative coin, postage stamp, and related
activities for observances;
(G) facilitate the convening of a joint meeting or joint
session of the Congress for ceremonies and activities relating
to the transatlantic slave trade and the institution of
slavery, particularly as it relates to the United States;
(H) promote the sponsorship of conferences, exhibitions, or
public meetings concerning the transatlantic slave trade and
the institution of slavery, particularly as it relates to the
United States;
(I) coordinate and facilitate the sponsorship of high
school and collegiate essay contests concerning the
transatlantic slave trade and the institution of slavery,
particularly as it relates to the United States; and
(J) examine reports of modern-day slavery and human
trafficking to raise the public's awareness of these matters
and ensure such atrocities do not go unnoticed by the people of
the United States.
(2) Initial report.--Not later than March 31, 2009, the
Commission shall submit to the Congress a report containing a
summary of the activities of the Commission for 2008.
(c) Powers of the Commission.--The Commission may--
(1) accept donations and gift items related to the
transatlantic slave trade, the institution of slavery, and the
significance of slavery to the history of the United States;
(2) appoint such advisory committees as the Commission
determines necessary to carry out this Act;
(3) authorize any member or employee of the Commission to take
any action that the Commission is authorized to take under this
Act;
(4) procure supplies, services, and property, and make or enter
into contracts, leases, or other legal agreements, to carry out
this Act (except that any contracts, leases, or other legal
agreements made or entered into by the Commission shall not extend
beyond the date of the termination of the Commission); and
(5) use the United States mails in the same manner and under
the same conditions as other Federal agencies.
(d) Personnel Matters.--
(1) Compensation of members of the commission.--
(A) Basic pay.--Members of the Commission shall not receive
compensation for the performance of their duties on behalf of
the Commission.
(B) Travel expenses.--Upon approval of the Chairperson, a
member of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized
for an employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or
regular place of business in the performance of their duties on
behalf of the Commission.
(2) Staff.--
(A) In general.--The Chairperson of the Commission shall,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable the
Commission to perform its duties.
(B) Executive director.--
(i) Qualifications.--The person appointed executive
director shall have demonstrated expertise or experience in
the study and program facilitation on the transatlantic
slave trade and the institution of slavery, particularly as
it relates to the United States.
(ii) Confirmation.--The employment of an executive
director shall be subject to confirmation by the members of
the Commission.
(C) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(D) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services as the
Commission determines necessary.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
(f) Non-Applicability of FACA.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
SEC. 5. TERMINATION.
(a) Date of Termination.--The Commission shall terminate on
December 31, 2009.
(b) Final Report.--Upon termination, the Commission shall submit to
the Congress a report containing--
(1) a detailed statement of the activities of the Commission;
and
(2) a final accounting of the funds received and expended by
the Commission.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Commission on the Abolition of the Transatlantic Slave Trade Act - Establishes the Commission on the Abolition of the Transatlantic Slave Trade.
Sets forth Commission duties, including: (1) planning activities appropriate to commemorate the 200th anniversary of the abolition of the transatlantic slave trade; (2) encouraging civic, historical, educational, religious, economic entities, as well as state and local governments to participate in anniversary activities; (3) facilitating the convening of a joint meeting or joint session of the Congress for related ceremonies and activities; (4) promoting the sponsorship of related conferences and exhibitions; and (5) examining reports and raise public awareness of of modern-day slavery and human trafficking.
Directs the Commission to submit an initial report to Congress by March 31, 2009, and a final report upon termination.
Terminates the Commission on December 31, 2009. | {"src": "billsum_train", "title": "A bill to establish the Commission on the Abolition of the Transatlantic Slave Trade."} | 3,044 | 184 | 0.414536 | 1.226766 | 0.708143 | 4.263473 | 16.652695 | 0.91018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Trade in Ideas Act of 1993''.
SEC. 2. EXCHANGE OF INFORMATION AND RELATED TRANSACTIONS.
(a) International Emergency Economic Powers Act.--Section 203(b)(3)
of the International Emergency Economic Powers Act (50 U.S.C. 1702(b))
is amended to read as follows:
``(3)(A) the importation from or exportation to any
country, or the communication or telecommunication or other
form of transmission to any country, of information or
informational materials which--
``(i) include, but are not limited to--
``(I) publications, films, posters,
phonograph records, photographs, microfilms,
microfiche, audiotapes and videotapes,
artworks, telephone conversations, other voice
or data communications or telecommunications,
telecasts, and news wire feeds,
``(II) other forms of telecommunications,
and
``(III) other materials the creation and
circulation of which in the United States would
be protected by the First Amendment to the
United States Constitution,
whether those materials are in existence at the time of
or are to be created subsequent to or pursuant to a
transaction or activity described in this paragraph;
and
``(ii) are information and informational materials
that are not otherwise controlled for export under
section 5 of the Export Administration Act of 1979 and
with respect to which no acts are prohibited by chapter
37 of title 18, United States Code;
``(B) travel related to any such importation, exportation,
communication, telecommunication, or transmission;
``(C) transactions for the creation or circulation of or
otherwise concerning such information or informational
materials, or any rights in such information or informational
materials, whether commercial or otherwise; or
``(D) other transactions incidental to any activity or
transaction described in subparagraph (A), (B), or (C);''.
(b) Export Administration Act of 1979.--Section 6 of the Export
Administration Act of 1979 (22 U.S.C. 2405) is amended by adding at the
end the following new subsection:
``(t) Information and Informational Materials.--(1) This section
does not authorize export controls on--
``(A) information or informational materials;
``(B) transactions for the creation or circulation of or
otherwise concerning such information or informational
materials, or any rights in such information or informational
materials, whether commercial or otherwise; or
``(C) other transactions incidental to the export of any
information or informational materials or to any transaction
described in subparagraph (B).
``(2) The information and informational materials referred to in
paragraph (1) include, but are not limited to--
``(A) publications, films, posters, phonograph records,
photographs, microfilms, microfiche, audiotapes and videotapes,
artworks, telephone conversations, other voice or data
communications or telecommunications, telecasts, and news wire
feeds;
``(B) other forms of telecommunications; and
``(C) other materials the creation and circulation of which
in the United States are protected by the First Amendment to
the United States Constitution.''.
(c) Trading With the Enemy Act.--
(1) Exchange of information and related transactions.--
Section 5(b)(4) of the Trading with the Enemy Act (50 U.S.C.
App. section 5(b)) is amended to read as follows:
``(4)(A) The authority granted to the President in this subsection
does not include the authority to regulate or prohibit, directly or
indirectly--
``(i) the importation from or exportation to any country,
or the communication or telecommunication or other form of
transmission to any country, of information or informational
materials;
``(ii) travel related to any such importation, exportation,
communication, telecommunication, or transmission;
``(iii) transactions for the creation or circulation of or
otherwise concerning such information or informational
materials, or any rights in such information or informational
materials, whether commercial or otherwise, or
``(iv) other transactions incidental to any activity or
transaction described in clause (i), (ii), or (iii).
``(B) The information and informational materials referred to in
subparagraph (A)--
``(i) include, but are not limited to--
``(I) publications, films, posters, phonograph
records, photographs, microfilms, microfiche,
audiotapes and videotapes, artworks, telephone
conversations, other voice or data communications or
telecommunications, telecasts, and news wire feeds,
``(II) other forms of telecommunications, and
``(III) other materials the creation and
circulation of which in the United States would be
protected by the First Amendment to the United States
Constitution,
whether those materials are in existence at the time of or are
to be created subsequent to or pursuant to a transaction or
activity described in subparagraph (A); and
``(ii) are information and informational materials that are
not otherwise controlled for export under section 5 of the
Export Administration Act of 1979 and with respect to which no
acts are prohibited by chapter 37 of title 18, United States
Code.''.
SEC. 3. FREEDOM OF TRAVEL FOR UNITED STATES CITIZENS.
(a) International Emergency Economic Powers Act.--Section 203(b) of
the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is
amended--
(1) in paragraph (2) by striking ``or'' after the
semicolon; and
(2) by adding at the end the following:
``(4) any of the following transactions incident to travel
by individuals who are citizens or residents of the United
States:
``(A) any transactions ordinarily incident to
travel to or from any country, including importation
into a country or the United States of accompanied
baggage for personal use only;
``(B) any transactions ordinarily incident to
travel or maintenance within any country, including the
payment of living expenses and the acquisition of goods
for personal consumption;
``(C) any transactions ordinarily incident to the
arrangement, promotion, or facilitation of travel to,
from, or within a country;
``(D) any transactions incident to nonscheduled
flights of aircraft, or nonscheduled voyages of vessels
to or from any country, except that this subparagraph
does not authorize the carriage of articles into a
country except accompanied baggage; or
``(E) normal banking transactions involving foreign
currency drafts, traveler's checks, or other negotiable
instruments incident to travel to or from any country;
except that this paragraph does not authorize the importation
into the United States of any goods for personal consumption
acquired in another country, other than those items described
in paragraphs (1) and (3);''.
(b) Trading With the Enemy Act.--Section 5(b) of the Trading With
the Enemy Act (50 U.S.C. App. 5(b)) is amended by adding at the end the
following new paragraph:
``(5) The authority granted to the President in this subsection
does not include the authority to regulate or prohibit, directly or
indirectly, any of the following transactions incident to travel by
individuals who are citizens or residents of the United States:
``(A) Any transactions ordinarily incident to travel to or
from any country, including importation into a country or the
United States of accompanied baggage for personal use only.
``(B) Any transactions ordinarily incident to travel or
maintenance within any country, including the payment of living
expenses and the acquisition of goods for personal consumption.
``(C) Any transactions ordinarily incident to the
arrangement, promotion, or facilitation of travel to, from, or
within a country.
``(D) Any transactions incident to nonscheduled flights of
aircraft, or nonscheduled voyages of vessels to or from any
country, except that this subparagraph does not authorize the
carriage of articles into a country except accompanied baggage.
``(E) Normal banking transactions involving foreign
currency drafts, traveler's checks, or other negotiable
instruments incident to travel to or from any country.
This paragraph does not authorize the importation into the United
States of any goods for personal consumption acquired in another
country, other than those items described in paragraph (4).''.
SEC. 4. EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES AND EXCHANGES.
(a) International Emergency Economic Powers Act.--Section 203(b) of
the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is
amended by adding at the end thereof the following:
``(5) financial or other transactions, or travel, incident
to--
``(A) activities of scholars,
``(B) other educational or academic activities,
``(C) exchanges in furtherance of any such
activities,
``(D) cultural activities and exchanges, or
``(E) public exhibitions or performances by the
nationals of one country in another country,
to the extent that any such activities, exchanges, exhibitions,
or performances are not otherwise controlled for export under
section 5 of the Export Administration Act of 1979 and to the
extent that, with respect to such activities, exchanges,
exhibitions, or performances, no acts are prohibited by chapter
37 of title 18, United States Code; or''.
(b) Trading With the Enemy Act.--Section 5(b) of the Trading With
the Enemy Act is amended by adding at the end thereof the following:
``(6) The authority granted to the President in this subsection
does not include the authority to regulate or prohibit, directly or
indirectly, financial or other transactions, or travel, incident to--
``(A) activities of scholars,
``(B) other educational or academic activities,
``(C) exchanges in furtherance of any such activities,
``(D) cultural activities and exchanges, or
``(E) public exhibitions or performances by the nationals
of one country in another country,
to the extent that any such activities, exchanges, exhibitions, or
performances are not otherwise controlled for export under section 5 of
the Export Administration Act of 1979 and to the extent that, with
respect to such activities, exchanges, exhibitions, or performances, no
acts are prohibited by chapter 37 of title 18, United States Code.''.
SEC. 5. ESTABLISHMENT OF NEWS BUREAUS.
(a) International Emergency Economic Powers Act.--Section 203(b) of
the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is
amended by adding at the end thereof the following:
``(6) financial or other transactions related to the
establishment of bureaus by United States news organizations in
foreign countries, or the establishment of news bureaus in the
United States by foreign news organizations.''.
(b) Trading With the Enemy Act.--Section 5(b) of the Trading With
the Enemy Act (50 U.S.C. App. 5(b)) is amended by adding at the end the
following:
``(7) The authority granted to the President in this subsection
does not include the authority to regulate or prohibit, directly or
indirectly, financial or other transactions related to the
establishment of bureaus by United States news organizations in foreign
countries, or the establishment of news bureaus in the United States by
foreign news organizations.''.
SEC. 6. FOREIGN ASSISTANCE ACT OF 1961.
Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(a)) is amended by adding at the end thereof the following:
``(3) Notwithstanding paragraph (1), the authority granted to the
President in such paragraph does not include the authority to regulate
or prohibit, directly or indirectly, any activities or transactions
which may not be regulated or prohibited under paragraphs (4), (5),
(6), or (7) of section 5(b) of the Trading With the Enemy Act.''.
SEC. 7. UNITED NATIONS PARTICIPATION ACT.
Section 5(a) of the United Nations Participation Act of 1945 (22
U.S.C. 287c) is amended by adding after the first sentence the
following: ``The authority granted under this section does not include
the authority to regulate or prohibit any of the activities which may
not be regulated or prohibited under paragraphs (3), (4), (5), and (6)
of section 203(b) of the International Emergency Economic Powers
Act.''.
SEC. 8. APPLICABILITY.
(a) International Emergency Economic Powers Act.--The amendments
made by sections 2(a), 3(a), 4(a), and 5(a) apply to actions taken by
the President under the International Emergency Economic Powers Act
before the date of the enactment of this Act which are in effect on
such date of enactment, and to actions taken under such section on or
after such date of enactment.
(b) Trading With the Enemy Act.--(1) The authorities conferred upon
the President by section 5(b) of the Trading With the Enemy Act, which
were being exercised with respect to a country on July 1, 1977, as a
result of a national emergency declared by the President before the
date, and are being exercised on the date of the enactment of this Act,
do not include the authority to regulate or prohibit, directly or
indirectly, any activity which, under paragraph (4), (5), (6), or (7)
of section 5(b) of the Trading With the Enemy Act, as amended and added
by this Act, may not be regulated or prohibited.
(2) The amendments made by sections 2(c), 3(b), 4(b), and 5(b)
apply to actions taken by the President under section 5(b) of the
Trading With the Enemy Act before the date of the enactment of this Act
which are in effect on such date of enactment, and to actions taken
under such section on or after such date of enactment.
(3) This subsection does not alter the status of assets blocked
pursuant to the Trading With the Enemy Act before the date of the
enactment of this Act.
(c) Export Administration Act of 1979.--The amendment made by
section 2(b) shall apply to actions taken by the President under
section 6 of the Export Administration Act of 1979 before the date of
the enactment of this Act which are in effect on such date of
enactment, and to actions taken under such section on or after such
date of enactment.
(d) Foreign Assistance Act.--(1) The amendment made by section 6
applies to actions taken by the President under section 620(a)(1) of
the Foreign Assistance Act of 1961 before the date of the enactment of
this Act which are in effect on such date of enactment, and to actions
taken under such section on or after such date of enactment.
(2) Paragraph (1) does not alter the status of assets blocked
pursuant to section 620(a)(1) of the Foreign Assistance Act of 1961
before the date of the enactment of this Act. | Free Trade in Ideas Act of 1993 - Amends the International Emergency Economic Powers Act, the Export Administration Act of 1979, the Trading With the Enemy Act, the Foreign Assistance Act of 1961, and the United Nations Participation Act of 1945 to declare that the authority granted the President under such Acts does not include the authority to regulate or prohibit: (1) the importation from or exportation to any country, or the communication or telecommunication or other form of transmission to any country, of publications, films, posters, phonograph records, photographs, microfilms, microfiche, audiotapes and video tapes, artworks, telephone conversations, other voice or data communications, telecasts, and news wire feeds; (2) other forms of telecommunications; (3) other materials which in the United States would be protected by the First Amendment to the U.S. Constitution; (4) information that is not otherwise controlled under the Export Administration Act of 1979; (5) travel related to importation, exportation, communication, telecommunication, or transmission; (6) transactions for the creation or circulation of such information, or rights to such information, whether commercial or otherwise; (7) other transactions incidental to the above-mentioned activities or transactions; (8) any transactions ordinarily incident to travel to and from any country; (9) any transactions ordinarily incident to travel and maintenance within any country; (10) any transactions incident to the arrangement, promotion, or facilitation of travel to, from, or within a country; (11) any transactions incident to nonscheduled flights or voyages to and from any country; (12) normal banking transactions incident to travel to and from any country; (13) the importation or exportation of publications or other informational materials from any country; (14) financial or other transactions, or travel, incident to activities of scholars, other educational or academic activities, cultural activities and exchanges, or public exhibitions by nationals of one country in another country; or (15) financial or other transactions related to the establishment of U.S. news bureaus in foreign countries, or the establishment of foreign news bureaus in the United States. | {"src": "billsum_train", "title": "Free Trade in Ideas Act of 1993"} | 3,393 | 455 | 0.723889 | 2.52802 | 0.759701 | 5.265854 | 7.568293 | 0.953659 |
50, Seventy-ninth
Congress. Such regulations shall also grant the option to
deduct as expenses intangible drilling and development costs in
the case of wells drilled for any geothermal deposit (as
defined in section 613(e)(2)) to the same extent and in the
same manner as such expenses are deductible in the case of oil
and gas wells. This subsection shall not apply with respect to
any costs to which any deduction is allowed under section 59(e)
or 291.
``(2) Exclusion.--
``(A) In general.--This subsection shall not apply
to amounts paid or incurred by a taxpayer in any
taxable year in which such taxpayer is a major
integrated oil company (within the meaning of section
167(h)(5)).
``(B) Amortization of amounts not allowable as
deductions under subparagraph (a).--The amount not
allowable as a deduction for any taxable year by reason
of subparagraph (A) shall be allowable as a deduction
ratably over the 60-month period beginning with the
month in which the costs are paid or incurred. For
purposes of section 1254, any deduction under this
subparagraph shall be treated as a deduction under this
subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2015.
SEC. 512. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS
WELLS.
(a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Application With Respect to Major Integrated Oil Companies.--
In the case of any taxable year in which the taxpayer is a major
integrated oil company (within the meaning of section 167(h)(5)), the
allowance for percentage depletion shall be zero.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2015.
SEC. 513. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.
(a) In General.--Section 193 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Application With Respect to Major Integrated Oil Companies.--
``(1) In general.--This section shall not apply to amounts
paid or incurred by a taxpayer in any taxable year in which
such taxpayer is a major integrated oil company (within the
meaning of section 167(h)(5)).
``(2) Amortization of amounts not allowable as deductions
under paragraph (1).--The amount not allowable as a deduction
for any taxable year by reason of paragraph (1) shall be
allowable as a deduction ratably over the 60-month period
beginning with the month in which the costs are paid or
incurred.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2015.
SEC. 514. MODIFICATION OF DEFINITION OF MAJOR INTEGRATED OIL COMPANY.
(a) In General.--Paragraph (5) of section 167(h) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(C) Certain successors in interest.--For purposes
of this paragraph, the term `major integrated oil
company' includes any successor in interest of a
company that was described in subparagraph (B) in any
taxable year, if such successor controls more than 50
percent of the crude oil production or natural gas
production of such company.''.
(b) Conforming Amendments.--
(1) In general.--Subparagraph (B) of section 167(h)(5) of
the Internal Revenue Code of 1986 is amended by inserting
``except as provided in subparagraph (C),'' after ``For
purposes of this paragraph,''.
(2) Taxable years tested.--Clause (iii) of section
167(h)(5)(B) of such Code is amended--
(A) by striking ``does not apply by reason of
paragraph (4) of section 613A(d)'' and inserting ``did
not apply by reason of paragraph (4) of section 613A(d)
for any taxable year after 2004'', and
(B) by striking ``does not apply'' in subclause
(II) and inserting ``did not apply for the taxable
year''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 515. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS
ROYALTY RELIEF.
(a) In General.--Sections 344 and 345 of the Energy Policy Act of
2005 (42 U.S.C. 15904, 15905) are repealed.
(b) Administration.--The Secretary of the Interior shall not be
required to provide for royalty relief in the lease sale terms
beginning with the first lease sale held on or after the date of
enactment of this Act for which a final notice of sale has not been
published.
SEC. 516. COORDINATION OF AMERICAN OPPORTUNITY CREDIT AND LIFETIME
LEARNING CREDIT WITH PELL GRANTS NOT USED FOR QUALIFIED
TUITION AND RELATED EXPENSES.
(a) In General.--Section 25A(g)(2) of the Internal Revenue Code of
1986 is amended to read as follows:
``(2) Adjustment for certain scholarships, etc.--
``(A) In general.--The amount of qualified tuition
and related expenses otherwise taken into account under
subsection (a) with respect to an individual for an
academic period shall be reduced (before the
application of subsections (b), (c), and (d)) by the
sum of any amounts paid for the benefit of such
individual which are allocable to such period as--
``(i) a qualified scholarship which is
excludable from gross income under section 117,
``(ii) an educational assistance allowance
under chapter 30, 31, 32, 34, or 35 of title
38, United States Code, or under chapter 1606
of title 10, United States Code, and
``(iii) a payment (other than a gift,
bequest, devise, or inheritance within the
meaning of section 102(a)) for such
individual's educational expenses, or
attributable to such individual's enrollment at
an eligible educational institution, which is
excludable from gross income under any law of
the United States.
``(B) Coordination with pell grants not used for
qualified tuition and related expenses.--For purposes
of subparagraph (A), the amount of any Federal Pell
Grant under section 401 of the Higher Education Act of
1965 (20 U.S.C. 1070a) shall be reduced (but not below
zero) by the amount of expenses (other than qualified
tuition and related expenses) which are taken into
account in determining the cost of attendance (as
defined in section 472 of the Higher Education Act of
1965, as in effect on the date of the enactment of this
subparagraph) of such individual at an eligible
educational institution for the academic period for
which the credit under this section is being
determined.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2015.
SEC. 517. EXPANSION OF PELL GRANT EXCLUSION FROM GROSS INCOME.
(a) In General.--Paragraph (1) of section 117(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking the period at the end and inserting ``,
or'',
(2) by striking ``received by an individual as a
scholarship'' and inserting the following: ``received by an
individual--
``(A) as a scholarship'', and
(3) by adding at the end the following new subparagraph:
``(B) as a Federal Pell Grant under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | In the Red Act of 2016 This bill authorizes and appropriates specified funds to the Department of Education (ED) for FY2016-FY2025 and each succeeding year for grants: (1) to waive tuition and fees for eligible students at community colleges, and (2) to waive or reduce tuition and fees for low-income students at four-year historically black colleges and universities and other minority-serving institutions. It amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct ED to establish a program to refinance outstanding federal student loans for borrowers of Direct Loan program loans disbursed before July 1, 2016, and Federal Family Education Loan (FFEL) program loans. (FFELs were not disbursed after June 30, 2010.) The bill modifies, for academic year 2018-2019 and succeeding years, the calculation of the mandatory add-on amount used to determine the total maximum Federal Pell Grant award. It also amends various provisions of the Internal Revenue Code to, among other things: (1) expand the expenses eligible for the American Opportunity Tax Credit to include the amount of a Federal Pell Grant used to pay for living expenses; and (2) include, as a qualified scholarship excludible from gross income, any amount received as a Federal Pell Grant. Finally, the bill amends the Energy Policy Act of 2005 to repeal royalty relief for: (1) deep gas wells in shallow waters of the Gulf of Mexico, and (2) deep water oil and gas leases in the central and western Gulf of Mexico. | {"src": "billsum_train", "title": "In the Red Act of 2016"} | 1,925 | 321 | 0.340892 | 1.126556 | 0.580832 | 1.35906 | 5.416107 | 0.667785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Disability Review
Standards Act of 1993''.
SEC. 2. REQUIREMENT OF FACE-TO-FACE MEETING IN DISABILITY
DETERMINATIONS.
Section 221(h) of the Social Security Act (42 U.S.C. 421(h)) is
amended--
(1) by redesignating such subsection as subsection (h)(2);
and
(2) by adding at the beginning of such subsection the
following new paragraph:
``(h)(1) Any initial determination under subsection (a) or (g) that
an individual applying for benefits under this title is not under a
disability shall be made only after such individual has been provided a
reasonable opportunity for a face-to-face meeting with a disability
examiner who is authorized under this section to make disability
determinations pursuant to such individual's application.''.
SEC. 3. STANDARDS FOR TIMELY REVIEW OF DISABILITY CLAIMS.
Section 221(k) of the Social Security Act (42 U.S.C. 421(k)) is
amended by adding at the end the following new paragraph:
``(3) The Secretary shall take such actions as are necessary to
ensure that, to the maximum extent practicable--
``(A) an initial determination of whether an individual who
has applied for disability insurance benefits under section 223
or benefits under section 202 based on such individual's
disability is under a disability shall be made not later than
30 days after the date on which such application is filed,
``(B) in any case in which, pursuant to the application, an
initial determination is made that the individual is not under
a disability and the individual does not fail to timely request
reconsideration of such determination, a determination on
reconsideration of whether the individual is under a disability
shall be made not later than 90 days after the date on which
such application is filed, and
``(C) in any case in which, on reconsideration, a
determination is made that the individual is not under a
disability and the individual does not fail to timely request a
hearing under subsection (d) on such determination, a
determination of whether the individual is under a disability
shall be made pursuant to such a hearing not later than 150
days after the date on which such application is filed.''.
SEC. 4. PRESUMED DISABILITY IN ABSENCE OF TIMELY DISABILITY
DETERMINATIONS.
(a) Presumed Disability under Title II of the Social Security
Act.--Section 221 of the Social Security Act (42 U.S.C. 421) is amended
by adding at the end the following new subsection:
``Presumptive Disability
``(m)(1) In any case in which--
``(A) an individual applying for benefits under section 223
or benefits based on such individual's disability under section
202 meets the requirements for entitlement to such benefits
other than the requirement that the individual be under a
disability,
``(B) as of 150 days after the date on which the individual
filed the application for such benefits, a final determination
of whether the individual is under a disability has not been
made, and
``(C) the individual has in a timely manner taken such
actions as are necessary to preserve such individual's rights
to administrative review under this title,
such individual shall be presumed to be under a disability for each
month during the period of months beginning with the first month after
the expiration of such 150-day period and ending with the month in
which action is taken to implement a final determination of whether the
individual is under a disability.
``(2) Any benefits paid to an individual under this title on the
basis of presumed disability under this subsection for months during
the period of months described in paragraph (1), and benefits paid to
another person under this title for such months on the basis of such
presumed disability, shall in no event be considered overpayments for
purposes of section 204 solely because such individual is determined
not to be under a disability.''.
(b) Presumed Blindness or Disability under Title XVI of the Social
Security Act.--Section 1631(a) of such Act (42 U.S.C. 1383(a)) is
amended by adding at the end the following new paragraph:
``(10)(A) In any case in which--
``(i) an individual applying for benefits under this title
meets the requirements for entitlement to such benefits other
than the requirement that the individual be blind or disabled,
``(ii) as of 150 days after the date on which the
individual filed the application for such benefits, a final
determination of whether the individual is blind or disabled
has not been made, and
``(iii) the individual has taken such actions as are
necessary to preserve such individual's rights to
administrative review under this section,
such individual shall be presumed to be blind or disabled for each
month during the period of months beginning with the first month after
the expiration of such 150-day period and ending with the month in
which action is taken to implement a final determination of whether the
individual is blind or disabled.''.
SEC. 5. EFFECTIVE DATE; STUDY OF STAFF NEEDS.
(a) Effective Date.--The amendments made by this Act shall apply
with respect to applications for benefits under title II or XVI of the
Social Security Act filed after 180 days after the date of the
enactment of this Act.
(b) Study of Staff Needs.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary of Health and Human
Services shall conduct a study of any additional staff needs
required to implement the amendments made by this Act.
(2) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate the results of the study conducted under paragraph (1),
together with any recommendations which the Secretary finds
appropriate. | Social Security Disability Review Standards Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to: (1) require that applicants for disability benefits meet face-to-face with a disability examiner early in the process before being denied disability benefits; (2) set time limits for processing disability applications and appeals; and (3) provide for presumptive disability in cases where timely disability determinations are not made.
Amends SSA title XVI (Supplemental Security Income) to provide for presumptive blindness and disability in cases where timely blindness or disability determinations are not made.
Directs the Secretary of Health and Human Services to study and report to the Congress on any additional staff needs required to implement this Act. | {"src": "billsum_train", "title": "Social Security Disability Review Standards Act of 1993"} | 1,341 | 169 | 0.540132 | 1.466047 | 0.703033 | 2.040541 | 8.364865 | 0.783784 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Exchange Rate Policy Reporting Act
of 1994''.
SEC. 2. PRESENTATION OF SEMIANNUAL REPORTS OF FEDERAL RESERVE BOARD TO
CONGRESS.
(a) In General.--Section 2A of the Federal Reserve Act (12 U.S.C.
225(a)) is amended--
(1) by striking ``The Board of Governors of the Federal
Reserve System'' where such term appears in the 1st sentence
and inserting ``(a) In General.--The Board of Governors of the
Federal Reserve System''; and
(2) by adding at the end the following new subsections:
``(b) Presentation of Reports to the Congress.--
``(1) In general.--During the 30-day periods ending on
February 20 and July 20 of each year, the Chairman of the Board
of Governors of the Federal Reserve System shall appear before
the Committee on Banking, Finance and Urban Affairs of the
House of Representatives and Committee on Banking, Housing, and
Urban Affairs of the Senate, upon the invitation of the
chairman of each such committee, to present and discuss the
reports required under subsection (a).
``(2) Appearance with secretary of the treasury.--The
Chairman of the Board of Governors of the Federal Reserve
System shall make the appearance required under paragraph (1)
at the same time as the Secretary of the Treasury appears
before such committees pursuant to section 3005 of the Omnibus
Trade and Competitiveness Act of 1988.
``(c) Effect of Monetary Policy on Exchange Rate.--Each report
required under this section shall contain a description of--
``(1) the effect the conduct of monetary policy is having
on the exchange rate of the United States dollar and the effect
the Board anticipates such policy will have on the exchange
rate; and
``(2) the current and anticipated impact of the exchange
rate and any anticipated change in the exchange rate on
domestic interest rates, employment, production, inflation,
wages, and economic growth.
``(d) Information on Currency Swaps.--
``(1) In general.--Each report required under this section
shall contain a description of--
``(A) all currency swap agreements in effect with
any foreign entity;
``(B) any change since the preceding report in any
inventory of currencies under the Board's control; and
``(C) foreign loans and lines of credit from or to,
any foreign entity which are outstanding at the time of
the report.
``(2) Detailed descriptions.--The report shall include a
detailed description of--
``(A) any foreign entity referred to in paragraph
(1);
``(B) all conditions of any swap agreement or
currency transaction referred to in paragraph (1); and
``(C) the reasons for, and the benefits of, any
such agreement or transaction.
``(e) July Updates.--The report submitted by July 20 of each year
shall contain--
``(1) a statement of the anticipated effect the conduct of
monetary policy will have on exchange rates during the next
calendar year; and
``(2) a statement of the anticipated changes which will
occur with respect to the matters required to be reported under
subsection (c) and (d).
SEC. 3. REPORTS OF THE SECRETARY OF THE TREASURY UNDER THE OMNIBUS
TRADE AND COMPETITIVENESS ACT OF 1988.
Section 3005 of the Omnibus Trade and Competitiveness Act of 1988
(22 U.S.C. 5305) is amended--
(1) in subsection (a)--
(A) by striking ``October 15'' and inserting
``February 20 and July 20''; and
(B) by striking the 2d and 3d sentences;
(2) by redesignating subsection (c) as subsection (g); and
(3) in subsection (b)--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (1) through (8) as
paragraphs (4) through (10) and inserting before
paragraph (4) (as so redesignated) the following new
paragraphs:
``(1) a statement of--
``(A) the Secretary's plans and objectives with
respect to the exchange rate of the United States
dollar; and
``(B) the extent to which the Secretary has been
successful in achieving such objectives;
``(2) an analysis of--
``(A) the factors that are currently affecting the
exchange rate of the dollar; and
``(B) the current and anticipated impact of the
exchange rate of the dollar on--
``(i) domestic interest rates, employment,
production, inflation, wages, and economic
growth;
``(ii) the current account and the
financial and capital account of the United
States;
``(iii) the international competitive
performance of United States industries; and
``(iv) the external indebtedness of the
United States;
``(3) a description of--
``(A) all currency swap agreements in effect with
any foreign entity;
``(B) any change since the preceding report in any
inventory of currencies under the Secretary's control;
and
``(C) foreign loans and lines of credit from or to,
any foreign entity which are outstanding at the time of
the report;'';
(4) by inserting after subsection (b) the following new
subsections:
``(c) Changes in Policy.--
``(1) In general.--This section shall not be construed as
requiring the plans disclosed in any report under subsection
(a) to be carried out by the Secretary after such report is
submitted to the Congress if the Secretary determines that,
because of changing conditions and circumstances, such policies
cannot or should not be carried out or the objectives for such
plans cannot be achieved.
``(2) Report on determination.--If the Secretary makes any
determination described in paragraph (1) with respect to any
plans and objectives, the Secretary shall include in the next
report under subsection (a) after such determination an
explanation for any revision or deviation from the plan or
objective.
``(d) Reports on Interventions.--If the Secretary intervenes, or
directs the Board of Governors of the Federal Reserve System or any
Federal reserve bank to intervene, in the currency markets, the
Secretary shall submit a report to the Congress before the end of the
24-hour period beginning at the time such intervention begins
describing the factors which prompted the intervention and the
objectives of the intervention.
``(e) July Updates.--The report submitted by July 20 of each year
shall contain--
``(1) a statement of the Secretary's plans and objectives
with respect to the exchange rate of the United States dollar
during the next calendar year; and
``(2) a statement of the anticipated changes which will
occur with respect to the matters required to be reported under
paragraphs (2) and (3) of subsection (b).
``(f) Appearance Before Congressional Committees With the Chairman
of the Federal Reserve Board.--The Secretary shall appear before the
Committee on Banking, Finance and Urban Affairs of the House of
Representatives and Committee on Banking, Housing, and Urban Affairs of
the Senate, upon the invitation of the chairman of each such committee,
to present the report required under this section and answer questions
relating to the report and United States policy at the same time as the
Chairman of the Board of Governors of the Federal Reserve System
appears before such committees pursuant to section 2A(b) of the Federal
Reserve Act.''. | Exchange Rate Policy Reporting Act of 1994 - Amends the Federal Reserve Act to direct the Chairman of the Board of Governors of the Federal Reserve System (the Board) to report to certain congressional committees biannually and contemporaneously with the Secretary of the Treasury on the effect of monetary policy upon: (1) the exchange rate of the dollar; and (2) the status of currency swap agreements with any foreign entity.
Amends the Omnibus Trade and Competitiveness Act of 1988 to modify the Secretary's report to such committees to include: (1) the Secretary's objectives with respect to the exchange rate of the dollar; (2) a specified analysis of the exchange rate of the dollar; and (3) the status of currency swap agreements with any foreign entity.
Instructs the Secretary to report to the Congress within 24 hours if the Secretary intervenes, or directs the Board or any Federal Reserve Bank to intervene, in the currency markets. | {"src": "billsum_train", "title": "Exchange Rate Policy Reporting Act of 1994"} | 1,637 | 196 | 0.649584 | 1.715611 | 0.788415 | 3.79235 | 8.68306 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Police Pursuit Policy Act
of 1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 1996--
(A) 377 deaths occurred in the United States as a
result of high-speed motor vehicle pursuits; and
(B) 103 of those deaths were police officers or
innocent bystanders who died as a result of high-speed
motor vehicle pursuits;
(2) in 1995, of the high-speed motor vehicle pursuits
conducted during that year, approximately--
(A) 40 percent resulted in accidents;
(B) 20 percent resulted in injury; and
(C) 1 percent resulted in death;
(3) a recent study found that approximately 60 percent of
high-speed motor vehicle pursuits resulted from pursuits that
were not related to felony offenses;
(4) an insufficient amount of statistical data and
documentation concerning high-speed motor vehicle pursuits is
available;
(5) a recent study found that although only 31 percent of
law enforcement agencies maintain consistent records on motor
vehicle pursuits made by law enforcement officers, 71 percent
of those agencies were able to provide data on the number of
high-speed motor vehicle pursuits conducted;
(6) a recent study found that--
(A) 73 percent of the law enforcement officers
polled had been involved in a high-speed motor vehicle
pursuit during the 12-month period preceding the date
of the polling; and
(B) 40 percent of those officers reported that an
accident resulted from a high-speed motor vehicle
pursuit in which the officer participated;
(7) a recent study found that most law enforcement recruits
who receive training to become law enforcement officers receive
only an average of 14 hours of training for driving skills, and
a majority of that time is used to provide training in the
mechanics of driving instead of providing practice for safe and
effective high-speed motor vehicle pursuit procedures; and
(8) a recent study found that an increased emphasis on the
high-speed motor vehicle pursuit policies, procedures, and
training decreases the occurrence of high-speed motor vehicle
pursuits, as the recruits who receive training that includes
special training for effective high-speed motor vehicle
pursuits were less likely to engage in those pursuits.
SEC. 3. MOTOR VEHICLE PURSUIT REQUIREMENTS FOR STATE HIGHWAY SAFETY
PROGRAMS.
Section 402(b)(1) of title 23, United States Code, is amended--
(1) in each of subparagraphs (A) through (D), by striking
the period at the end and inserting a semicolon;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) on and after January 1, 1999, have in effect
throughout the State--
``(i) a law that--
``(I) makes it unlawful for the driver of a
motor vehicle to increase speed or to take any
other deliberately evasive action if a law
enforcement officer clearly signals the driver
to stop the motor vehicle; and
``(II) provides that any driver who
violates that law shall be subject to a minimum
penalty of--
``(aa) imprisonment for a period of
not less than 3 months; and
``(bb) seizure of the motor vehicle
at issue; and
``(ii) a requirement that each State agency and
each agency of a political subdivision of the State
that employs law enforcement officers who, in the
course of employment, may conduct a motor vehicle
pursuit shall--
``(I) have in effect a policy that meets
requirements that the Secretary shall establish
concerning the manner and circumstances in
which a motor vehicle pursuit may be conducted
by law enforcement officers;
``(II) train all law enforcement officers
of the agency in accordance with the policy
referred to in subclause (I); and
``(III) for each fiscal year, transmit to
the chief executive officer of the State a
report containing information on each motor
vehicle pursuit conducted by a law enforcement
officer of the agency.''.
SEC. 4. REPORTING REQUIREMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General of the United States, the
Secretary of Agriculture, the Secretary of the Interior, the Secretary
of the Treasury, the Chief of the Capitol Police, and the Administrator
of General Services shall each transmit to Congress a report
containing--
(1) the policy of the department or agency headed by that
individual concerning motor vehicle pursuits by law enforcement
officers of that department or agency; and
(2) a description of the procedures that the department or
agency uses to train law enforcement officers in the
implementation of the policy referred to in paragraph (1).
(b) Requirement.--Each policy referred to in subsection (a)(1)
shall meet the requirements established by the Secretary of
Transportation pursuant to section 402(b)(1)(F)(ii)(I) of title 23,
United States Code, concerning the manner and circumstances in which a
motor vehicle pursuit may be conducted. | National Police Pursuit Policy Act of 1997 - Prohibits the Secretary of Transportation from approving the highway safety program of a State that does not have in effect by January 1, 1999: (1) a law that makes it unlawful for the driver of a motor vehicle to increase speed or to take any other deliberately evasive action if a law enforcement officer clearly signals the driver to stop the motor vehicle and that subjects any driver who violates that law to a minimum penalty of three months' imprisonment and seizure of the motor vehicle; and (2) a requirement that each State and local agency that employs law enforcement officers who may conduct a motor vehicle pursuit have a policy that meets guidelines set by the Secretary, train all law enforcement officers in accordance with that policy, and submit to the chief executive officer of the State a report regarding each motor vehicle pursuit.
Requires the U.S. Attorney General, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of the Treasury, the Chief of the Capitol Police, and the Administrator of General Services to report to the Congress on each such entity's motor vehicle pursuit policy and the procedures used to train law enforcement officers to implement that policy. Requires each such policy to meet the policy requirements of State programs under this Act. | {"src": "billsum_train", "title": "National Police Pursuit Policy Act of 1997"} | 1,136 | 275 | 0.52031 | 1.574118 | 0.564186 | 4.218623 | 4.380567 | 0.906883 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teaming with Wildlife Act of 2008''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) a diverse array of species of fish and wildlife is of
significant value to the United States for many reasons,
including aesthetic, ecological, educational, cultural,
recreational, economic, and scientific reasons;
(2) millions of citizens in the United States participate
in outdoor recreation through hunting, fishing, and wildlife
observation, all of which have significant value to the
citizens who engage in those activities and economic benefits
for local communities;
(3) it is in the national interest of the United States--
(A) to retain for present and future generations
the opportunity to observe, understand, and appreciate
a wide variety of wildlife; and
(B) to prevent wildlife from declining to the point
of requiring Federal protection under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
(4) hunters and anglers have for more than 70 years
willingly paid user fees in the form of Federal excise taxes on
hunting and fishing equipment to support a Federal investment
in wildlife diversity and abundance, through the enactment of
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669
et seq.) and the Dingell-Johnson Sport Fish Restoration Act )
(commonly known as the ``Wallop-Breaux Act'') (16 U.S.C. 777 et
seq.);
(5) Congress created the Wildlife Conservation and
Restoration Account under section 3(a)(2) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)(2)) to
expand support for the full array of fish and wildlife
conservation needs, including species that are not hunted and
fished, but only authorized appropriations for the Account for
1 fiscal year;
(6) while appropriated funds have been made available
through the State Wildlife Grants program of United States Fish
and Wildlife Service, the lack of assured and dedicated funding
for the Wildlife Conservation and Restoration Account has left
unrealized the goals of the Account, allowing wildlife to
continue to decline across the United States;
(7) partly as a requirement of the unfunded Wildlife
Conservation and Restoration Account, each State has produced a
comprehensive wildlife strategy, which presents an action plan
for conserving the full array of wildlife and wildlife habitats
of each State; and
(8) providing assured and dedicated funding to the Wildlife
Conservation and Restoration Account advances the national
interest in keeping wildlife from becoming endangered by
supporting States in implementing the comprehensive wildlife
conservation strategies of the States.
(b) Purposes.--The purposes of this Act are--
(1) to provide reliable and assured funding to advance the
national interest in keeping wildlife from becoming endangered
by supporting programs in each State that address the
conservation needs of the full array of declining wildlife; and
(2) to provide the Federal share of support needed to
implement the comprehensive wildlife conservation strategies
prepared by each State as a requirement of obtaining funds from
the Wildlife Conservation and Restoration Account established
under section 3(a)(2) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b(a)(2)).
SEC. 3. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.
Section 3(a) of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669b(a)) is amended by striking paragraph (2) and inserting the
following:
``(2) Wildlife conservation and restoration account.--
``(A) Establishment.--There is established in the
Federal aid to wildlife restoration fund a subaccount
to be known as the `Wildlife Conservation and
Restoration Account' (referred to in this paragraph as
the `Account').
``(B) Use.--Amounts in the Account shall be
available without further appropriation, for each
fiscal year, for apportionment in accordance with this
Act to carry out State wildlife conservation and
restoration programs.
``(C) Revenues.--
``(i) Outer continental shelf revenues.--
For each of fiscal years 2010 through 2015,
from amounts deposited in the Treasury under
section 9 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1338), the Secretary of the
Treasury shall transfer to the fund for deposit
in the Account $175,000,000.
``(ii) Mining revenues.--For each of fiscal
years 2010 through 2015, from amounts deposited
in the Treasury under section 35 of the Mineral
Leasing Act (30 U.S.C. 191), after the
withdrawal of funds to the States under section
35(a) of that Act, the Secretary of the
Treasury shall transfer to the fund for deposit
in the Account $175,000,000.''. | Teaming with Wildlife Act of 2008 - Amends the Pittman-Robertson Wildlife Restoration Act to require the Secretary of the Treasury to transfer to the federal aid to wildlife restoration fund for deposit in the Wildlife Conservation and Restoration Account for each of FY2010-FY2015 specified funds from: (1) amounts received from rents, royalties, and other sums paid to the Secretary or the Secretary of the Navy under leases on the outer Continental Shelf; and (2) amounts received from sales, bonuses, and royalties collected under the Federal Oil and Gas Royalty Management Act of 1982 and from rentals of public lands under the Mineral Leasing Act and the Geothermal Steam Act of 1970. | {"src": "billsum_train", "title": "A bill to amend the Pittman-Robertson Wildlife Restoration Act to ensure adequate funding for conservation and restoration of wildlife, and for other purposes."} | 1,058 | 145 | 0.449092 | 1.346272 | 0.628297 | 2.428571 | 7.52381 | 0.777778 |
SECTION 1. CREDIT FOR RECYCLING OR REMANUFACTURING EQUIPMENT.
(a) In General.--Section 46 of the Internal Revenue Code of 1986
(relating to amount of investment credit) is amended by striking
``and'' at the end of paragraph (1), by striking the period at the end
of paragraph (2) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(3) the reclamation credit.''
(b) Reclamation Credit.--Section 48 of such Code (relating to
energy credit) is amended by adding at the end the following new
subsection:
``(c) Reclamation Credit.--
``(1) In general.--For purposes of section 46, the
reclamation credit for any taxable year is 20 percent of the
basis of each qualified reclamation property placed in service
during the taxable year.
``(2) Qualified reclamation property.--
``(A) In general.--For purposes of this subsection,
the term `qualified reclamation property' means
property--
``(i) which is qualified recycling property
or qualified remanufacturing property,
``(ii) which is tangible property (not
including a building and its structural
components),
``(iii) with respect to which depreciation
(or amortization in lieu of depreciation) is
allowable,
``(iv) which has a useful life of at least
5 years, and
``(v) which is--
``(I) acquired by purchase (as
defined in section 179(d)(2)) by the
taxpayer if the original use of such
property commences with the taxpayer,
or
``(II) constructed by or for the
taxpayer.
``(B) Dollar limitation.--
``(i) In general.--The basis of qualified
reclamation property taken into account under
paragraph (1) for any taxable year shall not
exceed $10,000,000 for a taxpayer.
``(ii) Treatment of controlled group.--For
purposes of clause (i)--
``(I) all component members of a
controlled group shall be treated as
one taxpayer, and
``(II) the Secretary shall
apportion the dollar limitation in such
clause among the component members of
such controlled group in such manner as
he shall by regulation prescribe.
``(iii) Treatment of partnerships and s
corporations.--In the case of a partnership,
the dollar limitation in clause (i) shall apply
with respect to the partnership and with
respect to each partner. A similar rule shall
apply in the case of an S corporation and its
shareholders.
``(iv) Controlled group defined.--For
purposes of clause (ii), the term `controlled
group' has the meaning given such term by
section 1563(a), except that `more than 50
percent' shall be substituted for `at least 80
percent' each place it appears in section
1563(a)(1).
``(3) Certain progress expenditure rules made applicable.--
Rules similar to the rules of subsections (c)(4) and (d) of
section 46 (as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this subsection.
``(4) Definitions.--For purposes of this subsection--
``(A) Qualified recycling property.--The term
`qualified recycling property' means equipment used
exclusively to collect, distribute, or sort used
ferrous or nonferrous metals. The term does not include
equipment used to collect, distribute, or sort precious
metals such as gold, silver, or platinum unless such
use is coincidental to the collection, distribution, or
sorting of other used ferrous or nonferrous metals.
``(B) Qualified remanufacturing property.--The term
`qualified remanufacturing property' means equipment
used primarily by the taxpayer in the business of
rebuilding or remanufacturing a used product or part,
but only if--
``(i) the rebuilt or remanufactured product
or part includes 50 percent or less virgin
material, and
``(ii) the equipment is not used primarily
in a process occurring after the product or
part is rebuilt or remanufactured.
``(5) Coordination with rehabilitation and energy
credits.--For purposes of this section--
``(A) the basis of any qualified reclamation
property shall be reduced by that portion of the basis
of any property which is attributable to qualified
rehabilitation expenditures (as defined in section
47(c)(2)) or to the energy percentage of energy
property (as determined under section 48(a)), and
``(B) expenditures taken into account under either
section 47 or 48(a) shall not be taken into account
under this section.''.
(c) Special Basis Adjustment Rule.--Paragraph (3) of section 50(c)
of such Code (relating to basis adjustment to investment credit
property) is amended by inserting ``or reclamation credit'' after
``energy credit''.
(d) Clerical Amendments.--
(1) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. ENERGY CREDIT; RECLAMATION CREDIT.''
(2) The item relating to section 48 in the table of
sections for subpart E of part IV of subchapter A of chapter 1
of such Code is amended to read as follows:
``Sec. 48. Energy credit; reclamation credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service on or after January 1, 2006.
SEC. 2. STUDY ON EFFECTIVENESS OF RECYCLED AUTOMOBILE AIRBAGS.
(a) Study.--The Secretary of Transportation, through the
appropriate agency, shall conduct a study on the performance and safety
of recycled, non-deployed original equipment manufacturer airbags and
airbag modules compared to new, original equipment manufacturer airbags
and airbag modules used in automobiles.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall transmit to Congress a
report on the results of the study conducted pursuant to subsection
(a). | Amends the Internal Revenue Code to allow a tax credit for investment in qualified reclamation property. Defines "qualified reclamation property" as tangible depreciable recycling or remanufacturing property with a useful life of at least five years. Limits the amount of such credit to 20 percent of the basis (not exceeding $10 million) of qualified reclamation property placed in service during a taxable year.
Directs the Secretary of Transportation to study the performance and safety of recycled, non-deployed airbags used in automobiles. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for recycling or remanufacturing equipment, and for other purposes."} | 1,416 | 119 | 0.529284 | 1.39729 | 0.559689 | 2.797872 | 13.244681 | 0.861702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Family-Owned Business
Act''.
SEC. 2. FAMILY-OWNED BUSINESS EXCLUSION.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2033 the following new section:
``SEC. 2033A. FAMILY-OWNED BUSINESS EXCLUSION.
``(a) In General.--In the case of an estate of a decedent to which
this section applies, the value of the gross estate shall not include
the lesser of--
``(1) the adjusted value of the qualified family-owned
business interests of the decedent otherwise includible in the
estate, or
``(2) the sum of--
``(A) $1,500,000, plus
``(B) 50 percent of the excess (if any) of the
adjusted value of such interests over $1,500,000.
``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
``(1) the decedent was (at the date of the decedent's
death) a citizen or resident of the United States,
``(2) the excess of--
``(A) the sum of--
``(i) the adjusted value of the qualified
family-owned business interests which--
``(I) are included in determining
the value of the gross estate (without
regard to this section), and
``(II) are acquired by a qualified
heir from, or passed to a qualified
heir from, the decedent (within the
meaning of section 2032A(e)(9)), plus
``(ii) the amount of the adjusted taxable
gifts of such interests from the decedent to
members of the decedent's family taken into
account under subsection 2001(b)(1)(B), to the
extent such interests are continuously held by
such members between the date of the gift and
the date of the decedent's death, over
``(B) the amount included in the gross estate under
section 2035,
exceeds 50 percent of the adjusted gross estate, and
``(3) during the 8-year period ending on the date of the
decedent's death there have been periods aggregating 5 years or
more during which--
``(A) such interests were owned by the decedent or
a member of the decedent's family, and
``(B) there was material participation (within the
meaning of section 2032A(e)(6)) by the decedent or a
member of the decedent's family in the operation of the
business to which such interests relate.
``(c) Adjusted Gross Estate.--For purposes of this section, the
term `adjusted gross estate' means the value of the gross estate
(determined without regard to this section)--
``(1) reduced by any amount deductible under section
2053(a)(4), and
``(2) increased by the excess of--
``(A) the sum of--
``(i) the amount taken into account under
subsection (b)(2)(B)), plus
``(ii) the amount of other gifts from the
decedent to the decedent's spouse (at the time
of the gift) within 10 years of the date of the
decedent's death, plus
``(iii) the amount of other gifts (not
included under clause (i) or (ii)) from the
decedent within 3 years of such date, over
``(B) the amount included in the gross estate under
section 2035.
``(d) Adjusted Value of the Qualified Family-Owned Business
Interests.--For purposes of this section, the adjusted value of any
qualified family-owned business interest is the value of such interest
for purposes of this chapter (determined without regard to this
section), reduced by the excess of--
``(1) any amount deductible under section 2053(a)(4), over
``(2) the sum of--
``(A) any indebtedness on any qualified residence
of the decedent the interest on which is deductible
under section 163(h)(3), plus
``(B) any indebtedness to the extent the taxpayer
establishes that the proceeds of such indebtedness were
used for the payment of educational and medical
expenses of the decedent, the decedent's spouse, or the
decedent's dependents (within the meaning of section
152), plus
``(C) any indebtedness not described in
subparagraph (A) or (B), to the extent such
indebtedness does not exceed $10,000.
``(e) Qualified Family-Owned Business Interest.--
``(1) In general.--For purposes of this section, the term
`qualified family-owned business interest' means--
``(A) an interest as a proprietor in a trade or
business carried on as a proprietorship, or
``(B) an interest as a partner in a partnership, or
stock in a corporation, carrying on a trade or
business, if--
``(i) at least--
``(I) 50 percent of such
partnership or corporation is owned
(directly or indirectly) by the
decedent or members of the decedent's
family,
``(II) 70 percent of such
partnership or corporation is so owned
by 2 families (including the decedent's
family), or
``(III) 90 percent of such
partnership or corporation is so owned
by 3 families (including the decedent's
family), and
``(ii) at least 30 percent of such
partnership or corporation is so owned by each
family described in subclause (II) or (III) of
clause (i).
``(2) Limitation.--Such term shall not include--
``(A) any interest in a trade or business the
principal place of business of which is not located in
the United States,
``(B) any interest in--
``(i) an entity which had, or
``(ii) an entity which is a member of a
controlled group (as defined in section
267(f)(1)) which had,
readily tradable stock or debt on an established
securities market or secondary market (as defined by
the Secretary) within 3 years of the date of the
decedent's death,
``(C) any interest in a trade or business not
described in section 542(c)(2), if more than 35 percent
of the adjusted ordinary gross income of such trade or
business for the taxable year which includes the date
of the decedent's death would qualify as personal
holding company income (as defined in section 543(a)),
and
``(D) that portion of an interest in a trade or
business that is attributable to cash or marketable
securities, or both, in excess of the reasonably
expected day-to-day working capital needs of such trade
or business.
``(3) Ownership rules.--
``(A) Indirect ownership.--For purposes of
determining indirect ownership under paragraph (1),
rules similar to the rules of paragraphs (2) and (3) of
section 447(e) shall apply.
``(B) Tiered entities.--For purposes of this
section, if--
``(i) a qualified family-owned business
holds an interest in another trade or business,
and
``(ii) such interest would be a qualified
family-owned business interest if held directly
by the family (or families) holding interests
in the qualified family-owned business meeting
the requirements of paragraph (1)(B),
then the value of the qualified family-owned business
shall include the portion attributable to the interest
in the other trade or business.
``(f) Tax Treatment of Failure To Materially Participate in
Business or Dispositions of Interests.--
``(1) In general.--There is imposed an additional estate
tax if, within 10 years after the date of the decedent's death
and before the date of the qualified heir's death--
``(A) the qualified heir ceases to use for the
qualified use (within the meaning of section
2032A(c)(6)(B)) the qualified family-owned business
interest which was acquired (or passed) from the
decedent, or
``(B) the qualified heir disposes of any portion of
a qualified family-owned business interest (other than
by a disposition to a member of the qualified heir's
family or through a qualified conservation contribution
under section 170(h)).
``(2) Additional estate tax.--The amount of the additional
estate tax imposed by paragraph (1) shall be equal to--
``(A) the adjusted tax difference attributable to
the qualified family-owned business interest (as
determined under rules similar to the rules of section
2032A(c)(2)(B)), plus
``(B) interest on the amount determined under
subparagraph (A) at the annual rate of 4 percent for
the period beginning on the date the estate tax
liability was due under this chapter and ending on the
date such additional estate tax is due.
``(g) Other Definitions and Applicable Rules.--For purposes of this
section--
``(1) Qualified heir.--The term `qualified heir'--
``(A) has the meaning given to such term by section
2032A(e)(1), and
``(B) includes any active employee of the trade or
business to which the qualified family-owned business
interest relates if such employee has been employed by
such trade or business for a period of at least 10
years before the date of the decedent's death.
``(2) Member of the family.--The term `member of the
family' has the meaning given to such term by section
2032A(e)(2).
``(3) Applicable rules.--Rules similar to the following
rules shall apply:
``(A) Section 2032A(b)(4) (relating to decedents
who are retired or disabled).
``(B) Section 2032A(b)(5) (relating to special
rules for surviving spouses).
``(C) Section 2032A(c)(2)(D) (relating to partial
dispositions).
``(D) Section 2032A(c)(3) (relating to only 1
additional tax imposed with respect to any 1 portion).
``(E) Section 2032A(c)(4) (relating to due date).
``(F) Section 2032A(c)(5) (relating to liability
for tax; furnishing of bond).
``(G) Section 2032A(c)(7) (relating to no tax if
use begins within 2 years; active management by
eligible qualified heir treatment as material
participation).
``(H) Section 2032A(e)(10) (relating to community
property).
``(I) Section 2032A(e)(14) (relating to treatment
of replacement property acquired in section 1031 or
1033 transactions).
``(J) Section 2032A(f) (relating to statute of
limitations).
``(K) Section 6166(b)(3) (relating to farmhouses
and certain other structures taken into account).
``(L) Subparagraphs (B), (C), and (D) of section
6166(g)(1) (relating to acceleration of payment).''
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 2033 the
following new item:
``Sec. 2033A. Family-owned business
exclusion.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after December 31, 1995. | American Family-Owned Business Act - Amends the Internal Revenue Code to exclude from the gross estate specified portions of the adjusted value of the qualified family-owned business interests of the decedent. | {"src": "billsum_train", "title": "American Family-Owned Business Act"} | 2,642 | 45 | 0.60782 | 1.372904 | 0.671214 | 3.944444 | 66.444444 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inefficient Defense Elimination Act
of 2013''.
SEC. 2. TERMINATION OR RETIREMENT OF AIRCRAFT AND SHIP PROGRAMS.
(a) C-27J Aircraft.--
(1) Prohibition on procurement.--Notwithstanding any other
provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2014
or any fiscal year thereafter for the Department of Defense may
be obligated or expended to procure C-27J aircraft.
(2) Treatment of current aircraft.--Notwithstanding any
other provision of law, with respect to each C-27J aircraft
being maintained by the Secretary of Defense that was procured
on or before the date of the enactment of this Act, the
Secretary shall--
(A) make the aircraft available for sale to another
department or agency of the Federal Government or the
government of an ally of the United States; or
(B) if the Secretary determines that the sale of an
aircraft under subparagraph (A) is not appropriate,
retire or dispose of the aircraft in a manner the
Secretary determines appropriate.
(b) Global Hawk Aircraft.--
(1) Prohibition on procurement.--Notwithstanding any other
provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2014
or any fiscal year thereafter for the Department of Defense may
be obligated or expended to procure RQ-4 Block 30 Global Hawk
unmanned aircraft systems.
(2) Treatment of current aircraft.--Notwithstanding section
154(b) of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239) or any other provision of law,
with respect to each RQ-4 Block 30 Global Hawk unmanned
aircraft system being maintained by the Secretary of Defense
that was procured on or before the date of the enactment of
this Act, the Secretary shall--
(A) make the aircraft available for sale to another
department or agency of the Federal Government or the
government of an ally of the United States; or
(B) if the Secretary determines that the sale of an
aircraft under subparagraph (A) is not appropriate,
retire or dispose of the aircraft in a manner the
Secretary determines appropriate.
(c) Aegis Guided Missile Cruisers.--Notwithstanding any other
provision of law, the Secretary of Defense shall--
(1) retire four Aegis guided missile cruisers during fiscal
year 2014; and
(2) retire three Aegis guided missile cruisers during
fiscal year 2015.
(d) Amphibious Landing Ships.--Notwithstanding any other provision
of law, the Secretary of Defense shall retire two amphibious landing
ships during fiscal year 2014.
SEC. 3. REPORT ON MILITARY PRESENCE IN EUROPE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees (as defined in section 101(a)(16) of
title 10, United States Code) a report analyzing the necessity of
stationing members of the Armed Forces in Europe, including an
evaluation of property owned by the Federal Government in Europe that
could be sold if such stationing was reduced or terminated.
(b) Matters Included.--The report under subsection (a) shall
consider the following:
(1) Benefits to the United States from having the Armed
Forces present in Europe that would not be achievable
elsewhere.
(2) Direct military threats to the United States that
require such a presence and whether such threats could be
countered with a smaller presence.
(3) The ability of European allies to address threats
without such presence.
(4) Ways in which a withdrawal or reduction of members of
the Armed Forces stationed in Europe will affect the
sustainability of military operations abroad.
(5) Ways in which such a withdrawal or reduction will
affect the ability of the United States to implement a broader
national security strategy.
(6) Any formal treaty obligations or bilateral agreements
that require the Armed Forces of the United States to be
present in Europe.
(7) Effectiveness of current force levels in Europe in
achieving national security objectives.
(8) Unique benefits of sustaining each base location in
Europe and ways in which reduction of such bases would affect
the ability of the United States to sustain military operations
abroad. | Inefficient Defense Elimination Act of 2013 - Prohibits any funds made available for the Department of Defense (DOD) for FY2014 or thereafter from being obligated or expended to procure C-27J aircraft. Directs the Secretary of Defense, with respect to any such aircraft procured on or before the date of enactment of this Act, to: (1) make such aircraft available for sale to another federal department or agency or government of a U.S. ally, or (2) retire or dispose of such aircraft. Prohibits the obligation or expenditure of any DOD funds for FY2014 or thereafter to procure RQ-4 Block 30 Global Hawk unmanned aircraft systems. Requires the Secretary, with respect to each such system procured on or before the date of enactment of this Act, to take the same sale or disposal actions described above. Directs the Secretary to retire: (1) four Aegis guided missile cruisers during FY2014 and three during FY2015, and (2) two amphibious landing ships during FY2014. Directs the Secretary to submit to the congressional defense and appropriations committees an analysis of the necessity of stationing members of the Armed Forces in Europe, including an evaluation of property owned by the federal government there that could be sold if such stationing was reduced or eliminated. | {"src": "billsum_train", "title": "Inefficient Defense Elimination Act of 2013"} | 953 | 287 | 0.73011 | 2.255137 | 0.966387 | 3.818966 | 3.702586 | 0.887931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vaccine Safety Study Act''.
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
protecting children from infectious disease.
(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 and other chronic
conditions, 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 the
incidence and 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 exposure to vaccines or vaccine
components is associated with autism spectrum disorders,
chronic conditions, or other neurological conditions.
(b) Rule of Construction.--Nothing in this Act shall be construed
to authorize the conduct or support of any study in which an individual
or population is encouraged or incentivized to remain unvaccinated.
(c) 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;
(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
or vaccine safety controversy; and
(6) is not currently an employee of, or otherwise directly
or indirectly receiving funds from, a pharmaceutical company or
the Centers for Disease Control.
(d) 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,
which populations may include Old Order Amish, members of clinical
practices (such as the Homefirst practice in Chicago) who choose
alternative medical practices, practitioners of anthroposophic
lifestyles, and others who have chosen not to be vaccinated.
(e) 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.
(f) Transparency.--To facilitate further research by the Secretary
or others, the Secretary shall ensure the preservation of all data,
including all data sets, collected or used for purposes of the study
under this section. | Vaccine Safety Study Act - Requires the Secretary of Health and Human Services (HHS), acting through the Director of the National Institutes of Health (NIH), to conduct a comprehensive study to: (1) compare total health outcomes, including the incidence and risk of autism, between vaccinated and unvaccinated U.S. populations; and (2) determine whether exposure to vaccines or vaccine components is associated with autism spectrum disorders, chronic conditions, or other neurological conditions. Requires the Secretary to seek to include in the study U.S. populations that have traditionally remained unvaccinated for religious or other reasons. Directs the Secretary to ensure the preservation of all data, including all data sets, collected or used for purposes of the study to facilitate further research by the Secretary or others. Declares that nothing in this Act shall be construed to authorize the conduct or support of any study in which an individual or population is encouraged or incentivized to remain unvaccinated. | {"src": "billsum_train", "title": "Vaccine Safety Study Act"} | 1,065 | 215 | 0.504375 | 1.492667 | 0.875377 | 6.265537 | 5.723164 | 0.943503 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Unemployment Compensation
Expansion Act of 2011''.
SEC. 2. ADDITIONAL FIRST-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 4002(b)(1) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended--
(1) in subparagraph (A), by striking ``80'' and inserting
``131''; and
(2) in subparagraph (B), by striking ``20'' and inserting
``34''.
(b) Coordination Rule.--Section 4002(f) of such Act is amended by
adding at the end the following:
``(3) Rules relating to additional weeks of first-tier
emergency unemployment compensation.--
``(A) In general.--If a State determines that
implementation of the increased entitlement to first-
tier emergency unemployment compensation by reason of
the amendments made by section 2(a) of the Emergency
Unemployment Compensation Expansion Act of 2011 would
unduly delay the prompt payment of emergency
unemployment compensation under this title, such State
may elect to pay second-tier, third-tier, or fourth-
tier emergency unemployment compensation (or a
combination of those tiers) prior to the payment of
such increased first-tier emergency unemployment
compensation until such time as such State determines
that such increased first-tier emergency unemployment
compensation may be paid without undue delay.
``(B) Special rules.--If a State makes an election
under subparagraph (A) which results in--
``(i) the payment of second-tier (but not
third-tier) emergency unemployment compensation
prior to the payment of increased first-tier
emergency unemployment compensation, then, for
purposes of determining whether an account may
be augmented for third-tier emergency
unemployment compensation under subsection (d),
such State shall treat the date of exhaustion
of such increased first-tier emergency
unemployment compensation as the date of
exhaustion of second-tier emergency
unemployment compensation, if such date is
later than the date of exhaustion of the
second-tier emergency unemployment
compensation; or
``(ii) the payment of third-tier emergency
unemployment compensation prior to the payment
of increased first-tier emergency unemployment
compensation, then, for purposes of determining
whether an account may be augmented for fourth-
tier emergency unemployment compensation under
subsection (e), such State shall treat the date
of exhaustion of such increased first-tier
emergency unemployment compensation as the date
of exhaustion of third-tier emergency
unemployment compensation, if such date is
later than the date of exhaustion of the third-
tier emergency unemployment compensation.
``(4) Coordination of modifications (relating to additional
first-tier emergency unemployment compensation) with extended
compensation.--Notwithstanding an election under section
4001(e) by a State to provide for the payment of emergency
unemployment compensation prior to extended compensation, such
State may pay extended compensation to an otherwise eligible
individual prior to any additional emergency unemployment
compensation under subsection (b) (payable by reason of the
amendments made by section 2(a) of the Emergency Unemployment
Compensation Expansion Act of 2011), if such individual claimed
extended compensation for at least 1 week of unemployment after
the exhaustion of emergency unemployment compensation under
subsection (b) (as such subsection was in effect on the day
before the date of the enactment of this paragraph), (c), (d),
or (e).''.
(c) Funding.--Section 4004(e)(1) of such Act, as amended by section
501(b) of the Tax Relief, Unemployment Insurance Reauthorization, and
Job Creation Act of 2010 (Public Law 111-312), is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
and
(2) by inserting after subparagraph (G) the following:
``(H) the amendments made by section 2(a) of the
Emergency Unemployment Compensation Expansion Act of
2011; and''.
(d) Modified Program Termination Date.--Section 4007(b)(3) of such
Act, as amended by section 501(a)(1)(C) of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010 (Public Law
111-312) is amended by striking ``June 9, 2012'' and inserting
``September 22, 2012''.
SEC. 3. REGULATIONS.
The Secretary of Labor may prescribe any operating instructions or
regulations necessary to carry out this Act and the amendments made by
this Act.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if included in
the enactment of the Unemployment Compensation Extension Act of 2010
(Public Law 111-205), except that no additional first-tier emergency
unemployment compensation shall be payable by virtue of the amendments
made by section 2(a) with respect to any week of unemployment
commencing before the date of the enactment of this Act. | Emergency Unemployment Compensation Expansion Act of 2011 - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA).
Revises the formula for making Tier-1 credits in an applicant's EUCA for a benefit year. Increases the figures in the formula (the lesser of which shall be the amount credited): (1) from 80% to 131% of the total amount of regular compensation (including dependents' allowances) payable to the individual during the benefit year, and (2) from 20 to 34 times the individual's average weekly benefit amount for the benefit year.
Authorizes a state to elect to pay Tier-2, Tier-3, or Tier-4 extended unemployment compensation (EUC), or a combination of them, before payment of an increased Tier-1 EUC until the state determines that such increased Tier-1 EUC may be paid without undue delay.
Authorizes a state to pay extended compensation to an otherwise eligible individual before any additional EUC is paid under this Act, if the individual claimed extended compensation for at least one week of unemployment after the initial exhaustion of EUC.
Extends the program until September 22, 2012. | {"src": "billsum_train", "title": "To amend title IV of the Supplemental Appropriations Act, 2008 to provide for additional weeks of first-tier emergency unemployment compensation, and for other purposes."} | 1,125 | 259 | 0.619041 | 1.825755 | 0.640161 | 1.936652 | 4.588235 | 0.733032 |
S.
Section 424 of the Congressional Budget and Impoundment Control Act
of 1974 (2 U.S.C. 658c) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) if the Director estimates that the total
amount of direct costs of all Federal intergovernmental
mandates in the bill or joint resolution will equal or
exceed $5,000,000,000 (adjusted annually for
inflation), to the extent practicable, the potential
job creation or job loss in State, local, and tribal
governments as a result of the mandates.''; and
(2) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) if the Director estimates that the total
amount of direct costs of all Federal private sector
mandates in the bill or joint resolution will equal or
exceed $5,000,000,000 (adjusted annually for
inflation), to the extent practicable, the potential
job creation or job loss in the private sector as a
result of the mandates.''.
SEC. 4. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE REGULATORY
FLEXIBILITY ACT.
Section 601 of title 5, United States Code, is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7)(B), by striking the period at the end
and inserting a semicolon;
(3) in paragraph (8)--
(A) by striking ``Recordkeeping requirement.--The''
and inserting ``the''; and
(B) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following:
``(9) the term `economic impact' means, with respect to a
proposed or final rule--
``(A) any direct economic effect of the rule on
small entities; and
``(B) any indirect economic effect on small
entities, including potential job creation or job loss,
that is reasonably foreseeable and that results from
the rule, without regard to whether small entities are
directly regulated by the rule.''.
SEC. 5. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.
(a) Initial Regulatory Flexibility Analysis.--Section 603 of title
5, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Each initial regulatory flexibility analysis required under
this section shall contain a detailed statement--
``(1) describing the reasons why action by the agency is
being considered;
``(2) describing the objectives of, and legal basis for,
the proposed rule;
``(3) estimating the number and type of small entities to
which the proposed rule will apply;
``(4) describing the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule,
including an estimate of the classes of small entities which
will be subject to the requirement and the type of professional
skills necessary for preparation of the report and record;
``(5) describing all relevant Federal rules which may
duplicate, overlap, or conflict with the proposed rule, or the
reasons why such a description could not be provided; and
``(6) estimating the additional cumulative economic impact
of the proposed rule on small entities, including job creation
and employment by small entities, beyond that already imposed
on the class of small entities by the agency, or the reasons
why such an estimate is not available.''; and
(2) by adding at the end the following:
``(d) An agency shall notify the Chief Counsel for Advocacy of the
Small Business Administration of any draft rules that may have a
significant economic impact on a substantial number of small entities
either--
``(1) when the agency submits a draft rule to the Office of
Information and Regulatory Affairs at the Office of Management
and Budget under Executive Order 12866, if that order requires
such submission; or
``(2) if no submission to the Office of Information and
Regulatory Affairs is so required, at a reasonable time prior
to publication of the rule by the agency.''.
(b) Final Regulatory Flexibility Analysis.--
(1) In general.--Section 604(a) of title 5, United States
Code, is amended--
(A) by inserting ``detailed'' before
``description'' each place it appears;
(B) in paragraph (1), by striking ``succinct'';
(C) in paragraph (2)--
(i) by striking ``summary'' each place it
appears and inserting ``statement''; and
(ii) by inserting ``(or certification of
the proposed rule under section 605(b))'' after
``initial regulatory flexibility analysis'';
(D) in paragraph (3), by striking ``an
explanation'' and inserting ``a detailed explanation'';
(E) by redesignating paragraphs (3), (4), and (5)
as paragraphs (4), (5), and (6), respectively; and
(F) by inserting after paragraph (2) the following:
``(3) the response of the agency to any comments filed by
the Chief Counsel for Advocacy of the Small Business
Administration in response to the proposed rule, and a detailed
statement of any change made to the proposed rule in the final
rule as a result of the comments;''.
(2) Publication of analysis on web site, etc.--Section
604(b) of title 5, United States Code, is amended to read as
follows:
``(b) The agency shall--
``(1) make copies of the final regulatory flexibility
analysis available to the public, including by publishing the
entire final regulatory flexibility analysis on the Web site of
the agency; and
``(2) publish in the Federal Register the final regulatory
flexibility analysis, or a summary of the analysis that
includes the telephone number, mailing address, and address of
the Web site where the complete final regulatory flexibility
analysis may be obtained.''.
(c) Cross-References to Other Analyses.--Section 605(a) of title 5,
United States Code, is amended to read as follows:
``(a) A Federal agency shall be deemed to have satisfied a
requirement regarding the content of a regulatory flexibility agenda or
regulatory flexibility analysis under section 602, 603, or 604, if the
Federal agency provides in the agenda or regulatory flexibility
analysis a cross-reference to the specific portion of an agenda or
analysis that is required by another law and that satisfies the
requirement.''.
(d) Certifications.--The second sentence of section 605(b) of title
5, United States Code, is amended by striking ``statement providing the
factual'' and inserting ``detailed statement providing the factual and
legal''.
(e) Quantification Requirements.--Section 607 of title 5, United
States Code, is amended to read as follows:
``Sec. 607. Quantification requirements
``In complying with sections 603 and 604, an agency shall provide--
``(1) a quantifiable or numerical description of the
effects of the proposed or final rule, including an estimate of
the potential for job creation or job loss, and alternatives to
the proposed or final rule; or
``(2) a more general descriptive statement and a detailed
statement explaining why quantification is not practicable or
reliable.''.
SEC. 6. PERIODIC REVIEW OF RULES.
Section 610 of title 5, United States Code, is amended to read as
follows:
``Sec. 610. Periodic review of rules
``(a) Not later than 180 days after the enactment of the Job Impact
Analysis Act of 2010, each agency shall publish in the Federal Register
and place on its Web site a plan for the periodic review of rules
issued by the agency that the head of the agency determines has a
significant economic impact on a substantial number of small entities.
Such determination shall be made without regard to whether the agency
performed an analysis under section 604. The purpose of the review
shall be to determine whether such rules should be continued without
change, or should be amended or rescinded, consistent with the stated
objectives of applicable statutes, to minimize any significant adverse
economic impacts on a substantial number of small entities (including
an estimate of any adverse impacts on job creation and employment by
small entities). Such plan may be amended by the agency at any time by
publishing the revision in the Federal Register and subsequently
placing the amended plan on the Web site of the agency.
``(b) The plan shall provide for the review of all such agency
rules existing on the date of the enactment of the Job Impact Analysis
Act of 2010 within 10 years after the date of publication of the plan
in the Federal Register and every 10 years thereafter and for review of
rules adopted after the date of enactment of the Job Impact Analysis
Act of 2010 within 10 years after the publication of the final rule in
the Federal Register and every 10 years thereafter. If the head of the
agency determines that completion of the review of existing rules is
not feasible by the established date, the head of the agency shall so
certify in a statement published in the Federal Register and may extend
the review for not longer than 2 years after publication of notice of
extension in the Federal Register. Such certification and notice shall
be sent to the Chief Counsel for Advocacy and Congress.
``(c) Each agency shall annually submit a report regarding the
results of its review pursuant to such plan to Congress and, in the
case of agencies other than independent regulatory agencies (as defined
in section 3502(5) of title 44, United States Code), to the
Administrator of the Office of Information and Regulatory Affairs of
the Office of Management and Budget. Such report shall include the
identification of any rule with respect to which the head of the agency
made a determination of infeasibility under paragraph (5) or (6) of
subsection (d) and a detailed explanation of the reasons for such
determination.
``(d) In reviewing rules under such plan, the agency shall
consider--
``(1) the continued need for the rule;
``(2) the nature of complaints received by the agency from
small entities concerning the rule;
``(3) comments by the Regulatory Enforcement Ombudsman and
the Chief Counsel for Advocacy;
``(4) the complexity of the rule;
``(5) the extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules and, unless the head of the
agency determines it to be infeasible, State and local rules;
``(6) the contribution of the rule to the cumulative
economic impact of all Federal rules on the class of small
entities affected by the rule, unless the head of the agency
determines that such calculations cannot be made and reports
that determination in the annual report required under
subsection (c);
``(7) the length of time since the rule has been evaluated,
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule;
and
``(8) the current impact of the rule, including--
``(A) the estimated number of small entities to
which the rule will apply;
``(B) the estimated number of small business jobs
that will be lost or created by the rule; and
``(C) the projected reporting, recordkeeping and
other compliance requirements of the proposed rule,
including--
``(i) an estimate of the classes of small
entities that will be subject to the
requirement; and
``(ii) the type of professional skills
necessary for preparation of the report or
record.
``(e) The agency shall publish in the Federal Register and on the
Web site of the agency a list of rules to be reviewed pursuant to such
plan. Such publication shall include a brief description of the rule,
the reason why the agency determined that it has a significant economic
impact on a substantial number of small entities (without regard to
whether the agency had prepared a final regulatory flexibility analysis
for the rule), and request comments from the public, the Chief Counsel
for Advocacy, and the Regulatory Enforcement Ombudsman concerning the
enforcement of the rule.''.
SEC. 7. OFFICE OF ADVOCACY.
(a) In General.--Section 203 of Public Law 94-305 (15 U.S.C. 634c)
is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(6) carry out the responsibilities of the Office of
Advocacy under chapter 6 of title 5, United States Code.''.
(b) Budgetary Line Item and Authorization of Appropriations.--Title
II of Public Law 94-305 (15 U.S.C. 634a et seq.) is amended by striking
section 207 and inserting the following:
``SEC. 207. BUDGETARY LINE ITEM AND AUTHORIZATION OF APPROPRIATIONS.
``(a) Appropriation Requests.--Each budget of the United States
Government submitted by the President under section 1105 of title 31,
United States Code, shall include a separate statement of the amount of
appropriations requested for the Office of Advocacy of the Small
Business Administration, which shall be designated in a separate
account in the General Fund of the Treasury.
``(b) Administrative Operations.--The Administrator of the Small
Business Administration shall provide the Office of Advocacy with
appropriate and adequate office space at central and field office
locations, together with such equipment, operating budget, and
communications facilities and services as may be necessary, and shall
provide necessary maintenance services for such offices and the
equipment and facilities located in such offices.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this title. Any
amount appropriated under this subsection shall remain available,
without fiscal year limitation, until expended.''.
SEC. 8. CLERICAL AMENDMENTS.
(a) Heading.--The heading of section 605 of title 5, United States
Code, is amended to read as follows:
``Sec. 605. Incorporations by reference and certifications''.
(b) Table of Sections.--The table of sections for chapter 6 of
title 5, United States Code, is amended--
(1) by striking the item relating to section 605 and
inserting the following:
``605. Incorporations by reference and certifications.'';
and
(2) by striking the item relating to section 607 and
inserting the following:
``607. Quantification requirements.''. | Job Impact Analysis Act of 2010 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require the Director of the Congressional Budget Office (CBO) to include in the statement submitted to an authorizing congressional committee for a public bill or joint resolution reported by that committee for which estimated direct costs of all federal intergovernmental mandates, or all federal private sector mandates, will equal or exceed $5 billion (adjusted annually for inflation) estimates of the potential job creation or job loss in state, local, and tribal governments, or in the private sector, as a result of such mandates.
Amends the Regulatory Flexibility Act to require: (1) each initial regulatory flexibility analysis to contain a detailed statement estimating the additional cumulative economic impact of the proposed rule on small businesses; (2) an agency to notify the Chief Counsel for Advocacy of the Small Business Administration (SBA) of any draft rules that may have a significant economic impact on a substantial number of small businesses; (3) each final regulatory flexibility analysis to include the agency's response to any comments filed by the Chief Counsel in response to the proposed rule; and (4) the agency to publish the final regulatory flexibility analysis on its website.
Requires each agency: (1) to place on its website its plan for the periodic review of rules, providing for the review of all agency rules at specified intervals; and (2) in reviewing the rules, to consider specified factors, including the continued need for the rule, the nature of complaints received, and the rule's complexity and current impact.
Requires: (1) the Office of Advocacy of the SBA to carry out responsibilities concerning the analysis of regulatory functions; (2) each federal budget to include a separate statement of the amount requested for the Office, designated in a separate account in the General Fund of the Treasury; and (3) the SBA Administrator to provide the Office with appropriate office space and necessary equipment, operating budget, communications, and maintenance services. | {"src": "billsum_train", "title": "A bill to ensure that the creation of jobs by small businesses is considered during the Federal legislative and rulemaking process, and for other purposes."} | 3,316 | 415 | 0.538624 | 1.574528 | 0.67699 | 3.488432 | 8.164524 | 0.938303 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salmon Planning Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares that--
(1) certain species of salmon and steelhead in the Columbia
and Snake River basin are on the brink of extinction as a
consequence of various factors, including hydroelectric
projects, harvest management practices, habitat degradation,
altered in-stream flow, and unsound hatchery practices;
(2) these salmon and steelhead have major economic,
ecological, educational, recreational, scientific, cultural,
and spiritual significance to the Nation and its people;
(3) salmon and steelhead are a symbol of the Northwest,
support thousands of jobs in coastal and inland communities,
and serve as an indicator of the health of Northwest river
ecosystems;
(4) the United States Government has signed treaties with
Indian tribes of Oregon, Washington, and Idaho and with the
Government of Canada creating a legally enforceable trust
responsibility to restore salmon populations to sustainable,
harvestable levels;
(5) since the construction of 4 Federal dams on the lower
Snake River in Washington, salmon and steelhead populations in
the Snake River have plummeted, and all salmon and steelhead in
the Snake River are extinct or listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
(6) recent studies indicate that the time to protect
remaining Snake River salmon and steelhead is short, with
scientists estimating that, if changes do not occur, remaining
Snake River salmon will be extinct in our lifetime;
(7) salmon and steelhead extinction could cost taxpayers
billions of dollars;
(8) a federally funded group of State, tribal, Federal, and
independent scientists found that partially removing the 4
lower Snake River dams in Washington is the surest way to
protect and recover Snake River salmon and steelhead;
(9) several communities that rely on the 4 lower Snake
River dams would be affected by partial dam removal;
(10) a Federal court has found that the 4 lower Snake River
dams violate water quality standards under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.); and
(11) energy production in the Northwest is heavily
dependent upon hydropower and thus, the prospects for salmon
recovery and Northwest energy production are inextricably
linked.
(b) Purposes.--The purposes of this Act are--
(1) to ensure the protection of Columbia and Snake River
salmon and steelhead while providing for reliable, reasonably
priced energy in the Northwest, an economically sustainable
salmon recovery program, and effective mitigation of potential
economic impacts to communities from potential dam removal; and
(2) to ensure that the Northwest and the Nation have
completed the necessary planning and evaluation to respond
rapidly if major new actions are necessary to protect and
recover salmon and steelhead in the Columbia and Snake River
basin.
SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RECOVERY EFFORTS.
(a) In General.--Not later than 3 months after the date of
enactment of this Act, the Secretary of Commerce shall enter into an
arrangement with the National Academy of Sciences providing for
scientific analysis of Federal salmon recovery efforts and submission
of a report on the results of the analysis in accordance with
subsection (c).
(b) Contents.--For purposes of this section, scientific analysis
shall include, at a minimum, review of the effectiveness of Federal
salmon recovery actions, anticipated Federal salmon recovery actions,
and the timelines for, and feasibility of, implementing these actions.
These actions and anticipated actions shall be evaluated in terms of
whether they are likely to achieve recovery of salmon and steelhead
populations listed under section 4(c) of the Endangered Species Act of
1973 (16 U.S.C. 1533).
(c) Report.--Not later than 9 months after the date of enactment of
this Act, the National Academy of Sciences shall submit to the
Secretary of Commerce, the Secretary of the Army, the Secretary of the
Interior, and the Administrator of the Environmental Protection Agency
a report on the results of the scientific analysis conducted under this
section.
SEC. 4. GAO STUDY OF PARTIAL REMOVAL OF LOWER SNAKE RIVER DAMS.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the potential effects of partially removing the 4
lower Snake River dams.
(b) Contents.--The study shall include examination of and
recommendation for addressing, at a minimum, the following:
(1) The economic effects of partial dam removal for
communities near the dams, upstream from the dams, and for
downstream and coastal communities, including downstream and
coastal communities located within the boundaries of Alaska and
Canada, including employment gains or losses that would result
from dam removal.
(2) The effects of partial dam removal on transportation by
water, including--
(A) the feasibility, costs, and sufficiency of
alternative transportation by railroad, highway, and
other means;
(B) the economic benefits and costs of such
alternatives;
(C) the environmental impact of shifting to such
alternatives;
(D) the means for mitigating any environmental harm
that might be caused by the use of such alternatives;
and
(E) any development or expansion of such
alternatives that would be required to continue moving
the same amount of cargo that is currently transported
by water.
(3) The effects of partial dam removal on irrigation,
including the availability of or need for alternatives to
replace irrigation water or to extend irrigation pumps.
(4) The effects of partial dam removal on energy
production, including the regional effects of any changes in
energy production, identification of renewable energy sources
or energy efficiency measures that could replace any loss in
energy production, and the benefits and costs of such
alternatives.
(5) The effects, including economic effects, of the
extinction of salmon and steelhead populations in the Snake
River.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall submit to each of the
Secretary of the Army, the Secretary of Commerce, and the Administrator
of the Environmental Protection Agency a report on the results of the
study conducted under this section.
SEC. 5. AUTHORIZATION AND PLANNING OF SALMON RECOVERY.
(a) Partial Dam Removal Authorization.--The Secretary of the Army,
acting through the Corps of Engineers, is authorized to partially
remove the 4 lower Snake River dams if--
(1) the Secretary of Commerce finds that such action is
necessary to restore Snake River salmon and steelhead
populations to meet obligations under the Endangered Species
Act of 1973 (33 U.S.C. 1531 et seq.);
(2) the Secretary of the Interior finds that such action is
necessary to meet treaty obligations to Indian tribes or other
sovereign nations; or
(3) the Administrator of the Environmental Protection
Agency finds that such action is necessary to meet requirements
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
(b) Preliminary Planning Work.--The Secretary of the Army shall
undertake such preliminary engineering, design, construction, and other
activities as may be necessary to remove the 4 lower Snake River dams
pursuant to subsection (a). This work shall be completed within 12
months after the date of the enactment of this Act.
(c) Funding.--There is authorized to be appropriated to the
Secretary of the Army $4,000,000 for fiscal year beginning after
September 30, 2004, to carry out this section. Such sums shall remain
available until expended.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) Federal salmon recovery actions.--The term ``Federal
salmon recovery actions'' means Federal actions required to
protect and restore salmon and steelhead in the Columbia and
Snake River basin that are listed under section 4(c) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(c)).
(2) Lower snake river dams.--The term ``4 lower Snake River
dams'' means the following dams on the Snake River, Washington:
(A) The Ice Harbor dam.
(B) The Lower Monumental dam.
(C) The Little Goose dam.
(D) The Lower Granite dam.
(3) Populations.--The term ``populations'' means the 12
evolutionarily significant units of salmon and steelhead in the
Columbia and Snake River basin that are listed under section
4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)). | Salmon Planning Act - Requires the Secretary of Commerce (Secretary) to enter into an arrangement with the National Academy of Sciences providing for scientific analysis of Federal salmon and steelhead recovery efforts.Requires the Comptroller General of the United States to study the potential effects of partially removing the four lower Snake River dams, including those on: (1) the economy of surrounding communities; (2) water transportation; (3) irrigation; (4) energy production; and (5) the extinction of salmon and steelhead populations in Snake River.Authorizes the Secretary of the Army, acting through the Corps of Engineers, to partially remove the dams if found necessary by: (1) the Secretary to restore Snake River salmon and steelhead populations to meet obligations under the Endangered Species Act of 1973; (2) the Secretary of the Interior to meet treaty obligations to Indian tribes or other sovereign nations; or (3) the Administrator of the Environmental Protection Agency to meet requirements of the Federal Water Pollution Control Act. | {"src": "billsum_train", "title": "To ensure that proper planning is undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River basin and the maintenance of reasonably priced, reliable power, to direct the Secretary of Commerce to seek scientific analysis of Federal efforts to restore salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes."} | 1,867 | 212 | 0.598426 | 1.69681 | 0.77955 | 4.849741 | 9.010363 | 0.963731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Cats and Rare Canids Act of
2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Many wild populations of felids and canids, once
considered common, are in decline, and many have declined to
the point that their long-term survival in the wild is in
serious jeopardy.
(2) Of the 37 wild felid species worldwide, all are
currently recognized as species in need of protection under the
IUCN Red List, the lists of species in CITES appendices I, II,
and III, or the Endangered Species Act of 1973. Of the 35 wild
canid species worldwide, nearly 50 percent are recognized as in
need of such protection.
(3) In addition to their intrinsic value, felids and canids
are important aesthetic, economic, and ecological global
resources that need to be conserved.
(4) Large felids and canids are considered both umbrella
and indicator species. Healthy populations of these species act
as an important indicator of the integrity of entire ecosystems
and, because they require large wild spaces to persist, benefit
entire ecosystems and a large number of other species. Measures
taken to benefit these keystone species will ultimately benefit
a great number of other species.
(5) Rare felids and rare canids face an array of threats,
including loss of habitat and natural prey, intentional and
unintentional takings by humans, disease transmission, and a
vast number of other threats. These threats need to be
addressed in a coordinated fashion.
(6) Conservation of rare felid and rare canid populations
requires global commitment. Adequate funding for conservation
is sorely lacking, and many range countries for those species
do not have adequate infrastructure to protect species of
concern. Those countries that do provide assistance to
threatened populations need further assistance in implementing
effective conservation strategies.
(7) In particular, in developing nations with limited
resources, poverty, population growth, and habitat loss all
present significant challenges to conservation of rare felids
and rare canids.
(8) Although some protections and initiatives exist to
conserve rare felid and rare canid populations and their
habitat, those efforts can be significantly strengthened and
enhanced by increased coordination and the infusion of targeted
funding to benefit species of concern.
SEC. 3. PURPOSES.
The purposes of this Act are to provide financial resources and to
foster international cooperation--
(1) to restore and perpetuate healthy populations of rare
felids and rare canids in the wild; and
(2) to assist in the conservation of rare felid and rare
canid populations worldwide.
SEC. 4. DEFINITIONS.
In this Act:
(1) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS
8249), including its appendices.
(2) Conservation.--The term ``conservation''--
(A) means the methods and procedures necessary to
bring a species of rare felid or rare canid to the
point at which there are sufficient populations in the
wild to ensure the long-term viability of the species;
(B) includes all activities associated with
protection and management of a rare felid or rare canid
population, including--
(i) maintenance, management, protection,
and restoration of rare felid or rare canid
habitat;
(ii) research and monitoring;
(iii) law enforcement;
(iv) community outreach and education;
(v) conflict resolution initiatives; and
(vi) strengthening the capacity of local
communities, governmental agencies,
nongovernmental organizations and other
institutions to implement conservation
programs.
(3) Fund.--The term ``Fund'' means the Great Cats and Rare
Canids Conservation Fund established by section 6.
(4) IUCN red list.--The term ``IUCN Red List'' means the
Red List of Threatened Species Maintained by the World
Conservation Union.
(5) Rare canid.--The term ``rare canid''--
(A) means any canid species, subspecies, or
population that--
(i) is not native to the area comprised of
the United States and Canada; and
(ii) is included in the IUCN Red List,
Appendix I, II, or III of CITES, or any list
published under section 4(c) of the Endangered
Species Act of 1973 (16 U.S.C. 1532(c)); and
(B) includes such a subspecies or population of
dhole (Cuon alpinus), gray wolf (Canis lupus),
ethiopian wolf (Canis simensis), african wild dog
(Lycaon pictus), or maned wolf (Chrysocyon brachyurus).
(6) Rare felid.--The term ``rare felid''--
(A) subject to subparagraph (C), means any felid
species, subspecies, or population that--
(i) is not native to the area comprised of
the United States and Canada; and
(ii) is included in the IUCN Red List,
Appendix I, II, or III of CITES, or any list
published under section 4(c) of the Endangered
Species Act of 1973 (16 U.S.C. 1532(c));
(B) includes such a subspecies or population of
lion (Panthera leo), leopard (Panthera pardus), jaguar
(Panthera onca), snow leopard (Uncia uncia), clouded
leopard (Neofelis nebulosa), cheetah (Acinonyx
jubatus), or iberian lynx (Lynx pardina); and
(C) does not include any tiger (Panthera tigris).
(7) Secretary.--The term ``Secretary'' refers to the
Secretary of the Interior.
SEC. 5. FINANCIAL ASSISTANCE.
(a) In General.--Subject to the availability of funds and in
consultation with other appropriate Federal officials, the Secretary
shall use amounts in the Fund to provide financial assistance for
projects for the conservation of rare felid and rare canids for which
project proposals are approved by the Secretary in accordance with this
section.
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a project for the
conservation of rare felid and canids may be submitted to the
Secretary by--
(A) any wildlife management authority of a country
that has within its boundaries any part of the range of
a rare felid or rare canid species, respectively; and
(B) any person or group with the demonstrated
expertise required for the conservation in the wild of
rare felids or rare canids, respectively.
(2) Project proposals.--To be considered for financial
assistance for a project under this Act, an applicant shall
submit a project proposal that includes--
(A) a concise statement of the purposes of the
project;
(B) the name of the individual responsible for
conducting the project;
(C) a description of the qualifications of the
individuals who will conduct the project;
(D) a concise description of--
(i) methods for project implementation and
outcome assessment;
(ii) staffing for the project;
(iii) the logistics of the project; and
(iv) community involvement in the project;
(E) an estimate of funds and time required to
complete the project;
(F) evidence of support for the project by
appropriate governmental entities of the countries in
which the project will be conducted, if the Secretary
determines that such support is required for the
success of the project;
(G) information regarding the source and amount of
matching funding available for the project; and
(H) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a
project proposal, provide a copy of the proposal to the
appropriate Federal officials; and
(B) review each project proposal in a timely manner
to determine if the proposal meets the criteria
specified in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to the
availability of funds, the Secretary, after consulting with
other appropriate Federal officials, shall--
(A) ensure the proposal contains assurances that
the project will be implemented in consultation with
relevant wildlife management authorities and other
appropriate government officials with jurisdiction over
the resources addressed by the project;
(B) approve or disapprove the proposal; and
(C) provide written notification of the approval or
disapproval to the person who submitted the proposal,
other appropriate Federal officials, and each country
within whose borders the project will take place.
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the project will contribute to
conservation of rare felids or rare canids in the wild by assisting
efforts to--
(1) implement conservation programs;
(2) address the conflicts between humans and rare felids or
rare canids, respectively, that arise from competition for the
same habitat or resources;
(3) enhance compliance with CITES, the Endangered Species
Act of 1973, and other applicable laws that prohibit or
regulate the taking or trade of rare felids and rare canids or
regulate the use and management of rare felid and rare canid
habitat;
(4) develop sound scientific information on, or methods for
monitoring--
(A) the condition and health of rare felid or rare
canid habitat;
(B) rare felid or rare canid population numbers and
trends; and
(C) the ecological characteristics and requirements
of populations of rare felids or rare canids for which
there are little or no data;
(5) promote cooperative projects among government entities,
affected local communities, nongovernmental organizations, and
other persons in the private sector; or
(6) funds will not be appropriated for the purchase or
lease of lands to be used as suitable habitat for felids or
canids.
(e) Project Sustainability.--In approving project proposals under
this section, the Secretary shall give preference to conservation
projects that are designed to ensure effective, long-term conservation
of rare felids and rare canids and their habitats.
(f) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give preference to
projects for which there exists some measure of matching funds.
(g) Project Reporting.--
(1) In general.--Each person that receives assistance under
this section for a project shall submit to the Secretary
periodic reports (at such intervals as the Secretary considers
necessary) that include all information that the Secretary,
after consultation with other appropriate government officials,
determines is necessary to evaluate the progress and success of
the project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--Reports under paragraph
(1), and any other documents relating to projects for which
financial assistance is provided under this Act, shall be made
available to the public.
(h) Limitations on Use for Captive Breeding or Display.--Amounts
provided as a grant under this Act--
(1) may not be used for captive breeding or display of rare
felids and rare canids other than captive breeding for release
into the wild; and
(2) may be used for captive breeding of a species for
release into the wild only if no other conservation method for
the species is biologically feasible.
(i) Limitation on Assistance for Certain Species.--Of amounts
available for a fiscal year for providing financial assistance under
this section, the Secretary may not use more than 25 percent to provide
assistance for projects that target rare canid and rare felid species
that are not listed in paragraph (5)(B) or (6)(B), respectively, of
section 4.
(j) Advisory Group.--
(1) In general.--To assist in carrying out this Act, the
Secretary may convene an advisory group consisting of
individuals representing public and private organizations
actively involved in the conservation of felids and canids.
(2) Public participation.--
(A) Meetings.--The advisory group shall--
(i) ensure that each meeting of the
advisory group is open to the public; and
(ii) provide, at each meeting, an
opportunity for interested persons to present
oral or written statements concerning items on
the agenda.
(B) Notice.--The Secretary shall provide to the
public timely notice of each meeting of the advisory
group, including the meeting agenda.
(C) Minutes.--Minutes of each meeting of the
advisory group shall be kept by the Secretary and shall
be made available to the public.
(3) Exemption from federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the advisory group.
SEC. 6. GREAT CATS AND RARE CANIDS CONSERVATION FUND.
(a) Establishment.--There is established, in the Multinational
Species Conservation Fund established in title I of the Department of
the Interior and Related Agencies Appropriations Act, 1999 under the
heading ``MULTINATIONAL SPECIES CONSERVATION FUND'', a separate account
to be known as the ``Great Cats and Rare Canids Conservation Fund'',
consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into such account under subsection (e);
(2) amounts appropriated to such account under section 7;
and
(3) any interest earned on investment of amounts in the
account under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), upon request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to
provide assistance under section 4.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may expend not
more than three percent, or up to $80,000, whichever is
greater, to pay the administrative expenses necessary to carry
out this Act.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of any obligations held in the Fund
shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(e) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 4. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit into the Fund.
SEC. 7. AUTHORIZATION OR APPROPRIATIONS.
There are authorized to be appropriated to the Fund $5,000,000 for
each fiscal years 2005 through 2009 to carry out this Act. | Great Cats and Rare Canids Act of 2004 - Directs the Secretary of the Interior to provide assistance for projects for the conservation of rare felids and rare canids. Authorizes the Secretary to convene an advisory group of individuals representing public and private organizations actively involved in the conservation of felids and canids.
Restricts the use of grants for captive breeding or display purposes.
Establishes in the Multinatonal Species Conservation Fund as a separate account the Great Cats and Rare Canids Conservation Fund.
Defines "rare canid" to: (1) mean any canid species, subspecies, or population that is not native to the United States and Canada, and is included in the threatened or endangered lists of the World Conservation Union, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or the Endangered Species Act of 1973; and (2) include such a subspecies or population of dhole, gray wolf, ethiopian wolf, african wild dog, or maned wolf.
Defines "rare felid" to: (1) mean any felid species, subspecies, or population that is not native to the United States and Canada, and is included in the threatened or endangered lists of the World Conservation Union, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or the Endangered Species Act of 1973; and (2) include such a subspecies or population of lion, leopard, jaguar, snow leopard, clouded leopard, cheetah, or iberian lynx. Does not include any tiger. | {"src": "billsum_train", "title": "To assist in the conservation of rare felids and rare canids by supporting and providing financial resources for the conservation programs of nations within the range of rare felid and rare canid populations and projects of persons with demonstrated expertise in the conservation of rare felid and rare canid populations."} | 3,598 | 385 | 0.617027 | 1.973061 | 0.641844 | 4.038328 | 11.209059 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Temporary Bankruptcy Judgeships
Extension Act of 2011''.
SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN CERTAIN
JUDICIAL DISTRICTS.
(a) Temporary Office of Bankruptcy Judges Authorized by Public Law
109-8.--
(1) Extensions.--The temporary office of bankruptcy judges
authorized for the following districts by section 1223(b) of
Public Law 109-8 (28 U.S.C. 152 note) are extended until the
applicable vacancy specified in paragraph (2) in the office of
a bankruptcy judge for the respective district occurs:
(A) The central district of California.
(B) The eastern district of California.
(C) The district of Delaware.
(D) The southern district of Florida.
(E) The southern district of Georgia.
(F) The district of Maryland.
(G) The eastern district of Michigan.
(H) The district of New Jersey.
(I) The northern district of New York.
(J) The southern district of New York.
(K) The eastern district of North Carolina.
(L) The eastern district of Pennsylvania.
(M) The middle district of Pennsylvania.
(N) The district of Puerto Rico.
(O) The district of South Carolina.
(P) The western district of Tennessee.
(Q) The eastern district of Virginia.
(R) The district of Nevada.
(2) Vacancies.--
(A) Single vacancies.--Except as provided in
subparagraphs (B), (C), (D), and (E), the 1st vacancy
in the office of a bankruptcy judge for each district
specified in paragraph (1)--
(i) occurring more than 5 years after the
date of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(B) Central district of california.--The 1st, 2d,
and 3d vacancies in the office of a bankruptcy judge
for the central district of California--
(i) occurring 5 years or more after the
date of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(C) District of delaware.--The 1st, 2d, 3d, and 4th
vacancies in the office of a bankruptcy judge for the
district of Delaware--
(i) occurring more than 5 years after the
date of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(D) Southern district of florida.--The 1st and 2d
vacancies in the office of a bankruptcy judge for the
southern district of Florida--
(i) occurring more than 5 years after the
date of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(E) District of maryland.--The 1st, 2d, and 3d
vacancies in the office of a bankruptcy judge for the
district of Maryland--
(i) occurring more than 5 years after the
date of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(3) Applicability of other provisions.--Except as provided
in paragraphs (1) and (2), all other provisions of section
1223(b) of Public Law 109-8 (28 U.S.C. 152 note) remain
applicable to the temporary office of bankruptcy judges
referred to in paragraph (1).
(b) Temporary Office of Bankruptcy Judges Extended by Public Law
109-8.--
(1) Extensions.--The temporary office of bankruptcy judges
authorized by section 3 of the Bankruptcy Judgeship Act of 1992
(28 U.S.C. 152 note) and extended by section 1223(c) of Public
Law 109-8 (28 U.S.C. 152 note) for the district of Delaware,
the district of Puerto Rico, and the eastern district of
Tennessee are extended until the applicable vacancy specified
in paragraph (2) in the office of a bankruptcy judge for the
respective district occurs.
(2) Vacancies.--
(A) District of delaware.--The 5th vacancy in the
office of a bankruptcy judge for the district of
Delaware--
(i) occurring more than 5 years after the
date of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(B) District of puerto rico.--The 2d vacancy in the
office of a bankruptcy judge for the district of Puerto
Rico--
(i) occurring more than 5 years after the
date of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(C) Eastern district of tennessee.--The 1st vacancy
in the office of a bankruptcy judge for the eastern
district of Tennessee--
(i) occurring more than 5 years after the
date of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(3) Applicability of other provisions.--Except as provided
in paragraphs (1) and (2), all other provisions of section 3 of
the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) and
section 1223(c) of Public Law 109-8 (28 U.S.C. 152 note) remain
applicable to the temporary office of bankruptcy judges
referred to in paragraph (1).
(c) Temporary Office of the Bankruptcy Judge Authorized by Public
Law 102-361 for the Middle District of North Carolina.--
(1) Extension.--The temporary office of the bankruptcy
judge authorized by section 3 of the Bankruptcy Judgeship Act
of 1992 (28 U.S.C. 152 note) for the middle district of North
Carolina is extended until the vacancy specified in paragraph
(2) occurs.
(2) Vacancy.--The 1st vacancy in the office of a bankruptcy
judge for the middle district of North Carolina--
(A) occurring more than 5 years after the date of
the enactment of this Act, and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(3) Applicability of other provisions.--Except as provided
in paragraphs (1) and (2), all other provisions of section 3 of
the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note)
remain applicable to the temporary office of the bankruptcy
judge referred to in paragraph (1).
SEC. 3. BANKRUPTCY FILING FEE.
(a) Bankruptcy Filing Fee.--Section 1930(a)(3) of title 28, United
States Code, is amended by striking ``$1,000'' and inserting
``$1,042''.
(b) Expenditure Limitation.--Incremental amounts collected by
reason of the enactment of subsection (a) shall be deposited in a
special fund in the Treasury to be established after the date of
enactment of this Act. Such amounts shall be available for the purposes
specified in section 1931(a) of title 28, United States Code, but only
to the extent specifically appropriated by an Act of Congress enacted
after the date of enactment of this Act.
(c) Effective Date.--This section shall take effect 180 days after
the date of enactment of this Act.
Passed the House of Representatives December 6, 2011.
Attest:
KAREN L. HAAS,
Clerk. | Temporary Bankruptcy Judgeships Extension Act of 2011 - (Sec. 2) Extends the temporary office of 30 bankruptcy judgeships authorized or extended under the Bankruptcy Judgeship Act of 1992 and Bankruptcy Judgeship Act of 2005 until applicable vacancies identified in this Act occur in the office of a bankruptcy judge for specified districts in California, Delaware, Florida, Georgia, Maryland, Michigan, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Virginia, and Nevada.
Prohibits filling specified bankruptcy judge vacancies in such districts occurring more than five years after enactment of this Act and resulting from the death, retirement, resignation, or removal of a bankruptcy judge (thus extending the lapse date under current law by five years).
(Sec. 3) Increases by a specified amount the bankruptcy filing fee for a case commenced under chapter 11 (Reorganization) that does not concern a railroad. Requires that certain incremental amounts collected by reason of such increased fees be: (1) deposited in a special fund in the Treasury; and (2) made available to offset funds appropriated for the operation and maintenance of U.S. courts, but only to the extent specifically appropriated by an Act enacted after enactment of this Act.
Reduces the percentage of such fees to be deposited as offsetting collections to the U.S. Trustee System Fund (funds available to the Attorney General for operations of U.S. trustees). Increases the percentage of chapter 7 (Liquidation) and 13 (Adjustment of Debts of an Individual with Regular Income) fees to be deposited as offsetting receipts to remain available to the Judiciary for expenses, services, and administration of U.S. courts.
(Sec. 4) Requires Judiciary Committees of the House and Senate, prior to further reauthorization of any judgeship authorized by this Act, to: (1) conduct a review of the bankruptcy judgeships authorized by this Act to determine the need for continued reauthorization of each judgeship; (2) evaluate any changes in all bankruptcy case filings and the effect on filing fee revenue; and (3) require the Administrative Office of the Courts to submit a report on bankruptcy case workload, bankruptcy judgeship costs, and filing fee revenue. | {"src": "billsum_train", "title": "To prevent the termination of the temporary office of bankruptcy judges in certain judicial districts."} | 1,809 | 519 | 0.595963 | 1.99644 | 0.689312 | 1.947242 | 3.755396 | 0.738609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing America's Future Economy
Commission Act'' or the ``SAFE Commission Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Securing
America's Future Economy Commission'' (hereinafter in this Act referred
to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
(a) Mandatory Legislation Development.--
(1) Issues to address.--The Commission shall examine the
long-term fiscal challenges facing the United States and
develop legislation designed to address the following issues:
(A) The unsustainable imbalance between long-term
Federal spending commitments and projected revenues.
(B) Increasing net national savings to provide for
domestic investment and economic growth.
(C) The implications of foreign ownership of debt
instruments issued by the United States Government.
(D) Improving the budget process to place greater
emphasis on long-term fiscal issues.
(2) Policy solutions.--Legislation developed to address the
issues described in paragraph (1) may include the following:
(A) Reforms that limit the growth of entitlement
spending to ensure that the programs are fiscally
sustainable.
(B) Reforms that strengthen the safety net
functions of entitlement programs to provide assistance
to the neediest people.
(C) Reforms that make United States tax laws more
efficient and more conducive to encouraging economic
growth.
(D) Incentives to increase private savings.
(E) Automatic stabilizers or triggers to enforce
spending and revenue targets.
(F) Any other reforms designed to address the
issues described in paragraph (1).
(b) Optional Development of Cost Estimate Alternatives.--The
Commission shall by an affirmative vote of 5 members develop not more
than 2 methods for estimating the cost of legislation as an alternative
to the method currently used by the Congressional Budget Office. Any
such alternative method must be designed to address any flaws in the
method currently used with regard to estimating the positive economic
effects of legislation.
SEC. 4. INITIAL TOWN HALL STYLE PUBLIC HEARINGS.
(a) In General.--The Commission shall hold at least 1 town hall
style public hearing within each Federal reserve district, and shall,
to the extent feasible, ensure that there is broad public participation
in the hearings.
(b) Hearing Format.--During each hearing, the Commission shall
present to the public, and generate comments and suggestions regarding,
the issues described in section 3, policies designed to address the
issues, and tradeoffs between the policies.
SEC. 5. REPORT.
The Commission shall, not later than 180 days after the date of
enactment of this Act, submit a report to Congress and the President
containing the following:
(1) A detailed description of the activities of the
Commission.
(2) A summary of comments and suggestions generated from
the town hall style public hearings.
(3) A detailed statement of any findings of the Commission
as to public preferences regarding the issues, policies, and
tradeoffs presented in the town hall style public hearings.
(4) A detailed description of the long-term fiscal problems
faced by the United States.
(5) A list of policy options for addressing those problems.
(6) Criteria for the legislative proposal to be developed
by the Commission.
SEC. 6. LEGISLATIVE PROPOSAL.
(a) In General.--Not later than 60 days after the date the report
is submitted under section 5 and by a vote of two-thirds of the
members, the Commission shall submit a legislative proposal to Congress
and the President designed to address the issues described section 3.
(b) Proposal Requirements.--The proposal must, to the extent
feasible, be designed--
(1) to achieve generational equity and long-term economic
stability;
(2) to address the comments and suggestions of the public;
and
(3) to meet the criteria set forth in the Commission
report.
(c) Inclusion of Cost Estimate.--The Commission shall submit with
the proposal--
(1) a long-term CBO cost estimate prepared under section 14
for the proposal; and
(2) if an alternative cost estimate method is developed by
the Commission, a 50-year cost estimate using such method.
SEC. 7. MEMBERSHIP AND MEETINGS.
(a) In General.--The Commission shall be composed of 15 voting
members appointed pursuant to paragraph (1) and 2 nonvoting members
described in paragraph (2).
(1) Voting members.--(A) The President shall appoint 3
members, one of which the President shall appoint as
chairperson of the Commission.
(B) The Speaker of the House of Representatives
shall appoint 3 members.
(C) The Minority Leader of the House of
Representatives shall appoint 3 members.
(D) The Majority Leader of the Senate shall appoint
3 members.
(E) The Minority Leader of the Senate shall appoint
3 members.
(2) Nonvoting members.--The Comptroller General of the
United States and the Director of the Congressional Budget
Office shall each be nonvoting members of the Commission and
shall advise and assist at the request of the Commission.
(b) Limitation as to Members of Congress.--Each appointing
authority described in subsection (a) who is a Member of Congress may
only appoint 1 Member of Congress to the Commission.
(c) Date for Original Appointment.--The appointing authorities
described in subsection (a) shall appoint the initial members of the
Commission not later than 30 days after the date of enactment of this
Act.
(d) Terms.--
(1) In general.--The term of each member is for the life of
the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
not later than 30 days after such vacancy occurs and in the
manner in which the original appointment was made.
(e) Pay and Reimbursement.--
(1) No compensation for members of commission.--Except as
provided in paragraph (2), a member of the Commission may not
receive pay, allowances, or benefits by reason of their service
on the Commission.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of substinence under
subchapter I of chapter 57 of title 5, United States Code.
(f) Meetings.--The Commission shall meet upon the call of the
chairperson or a majority of its voting members.
(g) Quorum.--Six voting members of the Commission shall constitute
a quorum, but a lesser number may hold hearings.
SEC. 8. DIRECTOR AND STAFF OF COMMISSION.
(a) Director.--
(1) In general.--Subject to subsection (c) and to the
extent provided in advance in appropriation Acts, the
Commission shall appoint and fix the pay of a director.
(2) Duties.--The director of the Commission shall be
responsible for the administration and coordination of the
duties of the Commission and shall perform other such duties as
the Commission may direct.
(b) Staff.--In accordance with rules agreed upon by the Commission,
subject to subsection (c), and to the extent provided in advance in
appropriation Acts, the director may appoint and fix the pay of
additional personnel.
(c) Applicability of Certain Civil Service Laws.--The director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
pay fixed under subsection (a) may not exceed $150,000 per year and pay
fixed under subsection (b) may not exceed a rate equal to the daily
equivalent of the annual rate of basic pay for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(d) 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 their
regular employment without interruption.
(e) Experts and Consultants.--In accordance with rules agreed upon
by the Commission and to the extent provided in advance in
appropriation Acts, the director may procure the services of experts
and consultants under section 3109(b) of title 5, United States Code,
but at rates not to exceed the daily equivalent of the annual rate of
basic pay for level V of the Executive Schedule under section 5316 of
title 5, United States Code.
SEC. 9. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission may, for the purpose of
carrying out this Act, hold such hearings in addition to the town hall
style public hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take under this section.
(c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(e) Contract Authority.--To the extent provided in advance in
appropriation Acts, the Commission may enter into contracts to enable
the Commission to discharge its duties under this Act.
(f) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 10. TERMINATION.
The Commission shall terminate 60 days after submitting its
legislative proposal.
SEC. 11. ALTERNATIVE LEGISLATIVE PROPOSAL OF PRESIDENT.
The President may, not later than 60 days after the Commission
submits its legislative proposal, submit to Congress an alternative to
the legislative proposal submitted by the Commission.
SEC. 12. ALTERNATIVE LEGISLATIVE PROPOSAL OF THE COMMITTEE ON THE
BUDGET.
The Committee on the Budget of either House may, in consultation
with the relevant committees of their respective House and not later
than 60 days after the Commission submits its legislative proposal,
have published in the Congressional Record an alternative to the
legislative proposal submitted by the Commission.
SEC. 13. CONSIDERATION OF LEGISLATION.
(a) Introduction.--On the first legislative day after the
Commission submits its legislative proposal, the Speaker of the House
of Representatives and the Majority Leader of the Senate shall
introduce (by request) the legislation submitted by the Commission.
(b) In the House of Representatives.--
(1) Privileged consideration.--In the House of
Representatives, if a committee to which the legislation has
been referred has not reported the legislation before the
expiration of the 60-day period described in section 12, then--
(A) that committee shall be discharged from
consideration of the legislation;
(B) the legislation shall be placed on the
appropriate calendar; and
(C) a motion to proceed to the consideration of the
legislation is highly privileged and is not debatable.
(2) Amendments limited.--
(A) In general.--Except as provided in subparagraph
(B), an amendment to the legislation may not be offered
in the House of Representatives.
(B) Permitted amendments.--(i) Any Member may
offer, as an amendment in the nature of a substitute,
the alternative legislative proposal submitted by the
President.
(ii) Any Member may offer, as an amendment in the
nature of a substitute, the alternative legislative
proposal submitted by the Commission.
(iii) The chairman of the House Committee on the
Budget may offer, as an amendment in the nature of a
substitute, the alternative legislative proposal
published in the Congressional Record by the House
Committee on the Budget.
(C) Points of order.--An amendment offered under
subparagraph (B) is subject to a point of order if--
(i) the amendment is not accompanied by a
long-term CBO cost estimate of the amendment;
or
(ii) the long-term CBO cost estimate of the
amendment exceeds the long-term CBO cost
estimate of the legislative proposal submitted
by the Commission.
(D) Multiple amendments.--If more than one
amendment is offered under this paragraph, then each
amendment shall be considered separately, and the
amendment receiving both a majority and the highest
number of votes shall be the amendment adopted.
(c) In the Senate.--
SEC. 14. LONG-TERM CBO COST ESTIMATE.
(a) Preparation and Submission.--When the Commission, the
President, or the chairman of the Committee on the Budget of either
House submits a written request to the Director of the Congressional
Budget Office for a long-term CBO cost estimate of legislation proposed
under this Act or an amendment referred to in section 13(b)(2)(B), the
Director shall prepare the estimate and have it published in the
Congressional Record as expeditiously as possible.
(b) Content.--A long-term CBO cost estimate shall include--
(1) an estimate of the cost of each provision of the
legislation or amendment for first fiscal year it would take
effect and for each of the 50 fiscal years thereafter; and
(2) a statement of any estimated future costs not reflected
by the estimate described in paragraph (1). | Securing America's Future Economy Commission Act, or SAFE Commission Act - Establishes the Securing America's Future Economy (SAFE) Commission to develop legislation designed to address: (1) the unsustainable imbalance between long-term federal spending commitments and projected revenues; (2) increases in net national savings to provide for domestic investment and economic growth; (3) the implications of foreign ownership of debt instruments issued by the federal government; and (4) revision of the budget process to place greater emphasis on long-term fiscal issues.
Requires the Commission to: (1) develop one or two methods for estimating the cost of legislation as an alternative to the current Congressional Budget Office (CBO) method; and (2) hold at least one town-hall style public hearing within each federal reserve district.
Requires the Commission to submit a legislative proposal to Congress and the President. Authorizes the President to submit to Congress an alternative proposal. Authorizes the Committee on the Budget of either Chamber to publish its own alternative proposal in the Congressional Record.
Sets forth procedures for consideration of such legislation.
Requires CBO to prepare a long-term cost estimate and have it published in the Congressional Record as expeditiously as possible whenever requested to do so by the Commission, the President, or the chairman of the Committee on the Budget of either Chamber. | {"src": "billsum_train", "title": "To establish a commission to develop legislation designed to reform tax policy and entitlement benefit programs and ensure a sound fiscal future for the United States, and for other purposes."} | 3,014 | 282 | 0.674014 | 2.058257 | 0.824079 | 4.257692 | 10.596154 | 0.926923 |
SECTION 1. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.
(a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et
seq.) is amended by adding at the end thereof the following:
``SEC. 38. CHILD HANDGUN SAFETY DEVICES.
``(a) Establishment of Standard.--
``(1) In general.--
``(A) Rulemaking required.--Notwithstanding section
3(a)(1)(E) of this Act, the Commission shall initiate a
rulemaking proceeding under section 553 of title 5,
United States Code, within 90 days after the date of
enactment of this section to establish a consumer
product safety standard for handgun locks. The
Commission may extend the 90-day period for good cause.
Notwithstanding any other provision of law, including
chapter 5 of title 5, United States Code, the
Commission shall promulgate a final consumer product
safety standard under this paragraph within 12 months
after the date on which it initiated the rulemaking.
The Commission may extend that 12-month period for good
cause. The consumer product safety standard promulgated
under this paragraph shall take effect 6 months after
the date on which the final standard is promulgated.
``(B) Standard requirements.--The standard
promulgated under subparagraph (A) shall require gun
locks that--
``(i) are sufficiently difficult for
children to de-activate or remove; and
``(ii) prevent the discharge of the handgun
unless the gunlock has been de-activated or
removed.
``(2) Certain provisions not to apply.--
``(A) Provisions of this act.--Sections 7, 9, and
30(d) of this Act do not apply to the rulemaking
proceeding under paragraph (1). Section 11 of this Act
does not apply to any consumer product safety standard
promulgated under paragraph (1).
``(B) Chapter 5 of title 5.--Except for section
553, chapter 5 of title 5, United States Code, does not
apply to this section.
``(C) Chapter 6 of title 5.--Chapter 6 of title 5,
United States Code, does not apply to this section.
``(D) National environmental policy act.--The
National Environmental Policy Act of 1969 (42 U.S.C.
4321) does not apply to this section.
``(b) No Effect on State Law.--Notwithstanding section 26 of this
Act, this section does not annul, alter, impair, affect, or exempt any
person subject to the provisions of this section from complying with
any provision of the law of any State or any political subdivision
thereof, except to the extent that such provisions of State law are
inconsistent with any provision of this section, and then only to the
extent of the inconsistency. A provision of State law is not
inconsistent with this section if such provision affords greater
protection to children in respect of handguns than is afforded by this
section.
``(c) Enforcement.--Notwithstanding subsection (a)(2)(A), the
consumer product safety standard promulgated by the Commission under
subsection (a) shall be enforced under this Act as if it were a
consumer product safety standard described in section 7(a).
``(d) Definitions.--In this section:
``(1) Child.--The term `child' means an individual who has
not attained the age of 13 years.
``(2) Handgun lock.--The term `handgun lock' means any
disabling or locking device that is not built into the handgun
at the time of manufacture and that is designed to prevent the
handgun from being discharged unless the device has been
deactivated or removed.
``(3) Handgun.--The term `handgun'--
``(A) has the meaning given that term in section
921(a) of title 18, United States Code; and
``(B) includes any article taxable at the rate of
10 percent under section 4181 of the Internal Revenue
Code of 1986 (26 U.S.C. 4181).
``(4) Incorporated definitions.--The terms `licensed
importer', `licensed manufacturer', and `licensed dealer' have
the meanings given those terms in section 921(a) of title 18,
United States Code.''.
(b) Conforming Amendment.--Section 1 of the Consumer Product Safety
Act is amended by adding at the end of the table of contents the
following:
``Sec. 38. Child handgun safety devices.''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Consumer Product
Safety Commission $2,000,000 to carry out the provisions of section 38
of the Consumer Product Safety Act, such sums to remain available until
expended. | Amends the Consumer Product Safety Act to require the Consumer Product Safety Commission to initiate a rulemaking establishing a consumer product safety standard for handgun locks. | {"src": "billsum_train", "title": "To amend the Consumer Product Safety Act to confirm the Consumer Product Safety Commission's jurisdiction over child safety devices for handguns, and for other purposes."} | 1,074 | 35 | 0.558991 | 1.332795 | 0.552108 | 3.814815 | 34.740741 | 0.925926 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Putting the Gulf of Mexico Back to
Work Act''.
TITLE I--AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT
SEC. 101. AMENDMENT TO OUTER CONTINENTAL SHELF LANDS ACT.
(a) Amendment.--Section 11(d) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1340(d)) is amended to read as follows:
``(d) Drilling Permits.--
``(1) In general.--The Secretary shall by regulation
require that any lessee operating under an approved exploration
plan--
``(A) must obtain a permit before drilling any well
in accordance with such plan; and
``(B) must obtain a new permit before drilling any
well of a design that is significantly different than
the design for which an existing permit was issued.
``(2) Safety review required.--The Secretary shall not
issue a permit under paragraph (1) without ensuring that the
proposed drilling operations meet all--
``(A) critical safety system requirements,
including blowout prevention; and
``(B) oil spill response and containment
requirements.
``(3) Timeline.--
``(A) The Secretary shall decide whether to issue a
permit under paragraph (1) within 30 days after
receiving an application for the permit. The Secretary
may extend such period for up to two periods of 15 days
each, if the Secretary has given written notice of the
delay to the applicant. The notice shall be in the form
of a letter from the Secretary or a designee of the
Secretary, and shall include the names and titles of
the persons processing the application, the specific
reasons for the delay, and a specific date a final
decision on the application is expected.
``(B) If the application is denied, the Secretary
shall provide the applicant--
``(i) in writing, clear and comprehensive
reasons why the application was not accepted
and detailed information concerning any
deficiencies, and
``(ii) an opportunity to remedy any
deficiencies.
``(C) If the Secretary has not made a decision on
the application by the end of the 60-day period
beginning on the date the application is received by
the Secretary, the application is deemed approved.''.
(b) Deadline for Certain Permit Applications Under Existing
Leases.--
(1) In general.--Notwithstanding the amendment made by
subsection (a), a lease under which a covered application is
submitted to the Secretary of the Interior shall be considered
to be in directed suspension during the period beginning May
27, 2010, and ending on the date the Secretary issues a final
decision on the application, if the Secretary does not issue a
final decision on the application--
(A) before the end of the 30-day period beginning
on the date of enactment of this Act, in the case of a
covered application submitted before such date of
enactment; or
(B) before the end of the 30-day period beginning
on the date the application is received by the
Secretary, in the case of a covered application
submitted on or after such date of enactment.
(2) Covered application.--In this subsection the term
``covered application'' means an application for a permit to
drill under an oil and gas lease under the Outer Continental
Shelf Lands Act in effect on the date of enactment of this Act,
that--
(A) represents a resubmission of an approved permit
to drill (including an application for a permit to
sidetrack) that was approved by the Secretary before
May 27, 2010; and
(B) is received by the Secretary after October 12,
2010, and before the end of the 30-day period beginning
on the date of enactment of this Act.
SEC. 102. EXTENSION OF CERTAIN OUTER CONTINENTAL SHELF LEASES.
(a) Definition of Covered Lease.--In this section, the term
``covered lease'' means each oil and gas lease for the Gulf of Mexico
outer Continental Shelf region issued under section 8 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337) that--
(1)(A) was not producing as of April 30, 2010; or
(B) was suspended from operations, permit processing, or
consideration, in accordance with the moratorium set forth in
the Minerals Management Service Notice to Lessees and Operators
No. 2010-N04, dated May 30, 2010, or the decision memorandum of
the Secretary of the Interior entitled ``Decision memorandum
regarding the suspension of certain offshore permitting and
drilling activities on the Outer Continental Shelf'' and dated
July 12, 2010; and
(2) by its terms would expire on or before December 31,
2011.
(b) Extension of Covered Leases.--The Secretary of the Interior
shall extend the term of a covered lease by 1 year.
(c) Effect on Suspensions of Operations or Production.--The
extension of covered leases under this section is in addition to any
suspension of operations or suspension of production granted by the
Minerals Management Service or Bureau of Ocean Energy Management,
Regulation and Enforcement after May 1, 2010.
TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO OUTER
CONTINENTAL SHELF ACTIVITIES IN THE GULF OF MEXICO
SEC. 201. DEFINITIONS FOR TITLE.
In this title--
(1) the term ``covered civil action'' means a civil action
containing a claim under section 702 of title 5, United States
Code, regarding agency action (as defined for the purposes of
that section) affecting a covered energy project in the Gulf of
Mexico; and
(2) the term ``covered energy project'' means the leasing
of Federal lands of the Outer Continental Shelf (including
submerged lands) for the exploration, development, production,
processing, or transmission of oil, natural gas, wind, or any
other source of energy in the Gulf of Mexico, and any action
under such a lease, except that the term does not include any
disputes between the parties to a lease regarding the
obligations under such lease, including regarding any alleged
breach of the lease.
SEC. 202. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED
ENERGY PROJECTS IN THE GULF OF MEXICO.
Venue for any covered civil action shall not lie in any district
court not within the 5th circuit unless there is no proper venue in any
court within that circuit.
SEC. 203. TIME LIMITATION ON FILING.
A covered civil action is barred unless filed no later than the end
of the 60-day period beginning on the date of the final Federal agency
action to which it relates.
SEC. 204. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 205. STANDARD OF REVIEW.
In any judicial review of a covered civil action, administrative
findings and conclusions relating to the challenged Federal action or
decision shall be presumed to be correct, and the presumption may be
rebutted only by the preponderance of the evidence contained in the
administrative record.
SEC. 206. LIMITATION ON PROSPECTIVE RELIEF.
In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation.
SEC. 207. LIMITATION ON ATTORNEYS' FEES.
Sections 504 of title 5, United States Code, and 2412 of title 28,
United States Code (together commonly called the Equal Access to
Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.
TITLE III--RESTARTING AMERICAN OFFSHORE LEASING NOW ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Restarting American Offshore
Leasing Now Act''.
SEC. 302. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 216 IN
THE CENTRAL GULF OF MEXICO.
(a) In General.--The Secretary of the Interior shall conduct
offshore oil and gas Lease Sale 216 under section 8 of the Outer
Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable,
but not later than 4 months after the date of enactment of this Act.
(b) Environmental Review.--For the purposes of that lease sale, the
Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and
the Multi-Sale Environmental Impact Statement are deemed to satisfy the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 303. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 218 IN
THE WESTERN GULF OF MEXICO.
(a) In General.--The Secretary of the Interior shall conduct
offshore oil and gas Lease Sale 218 under section 8 of the Outer
Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable,
but not later than 8 months after the date of enactment of this Act.
(b) Environmental Review.--For the purposes of that lease sale, the
Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and
the Multi-Sale Environmental Impact Statement are deemed to satisfy the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 304. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 ON
THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.
(a) In General.--The Secretary of the Interior shall conduct
offshore oil and gas Lease Sale 220 under section 8 of the Outer
Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable,
but not later than one year after the date of enactment of this Act.
(b) Prohibition on Conflicts With Military Operations.--The
Secretary shall not make any tract available for leasing under this
section if the President, through the Secretary of Defense, determines
that drilling activity on that tract would create an unreasonable
conflict with military operations.
SEC. 305. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 222 IN
THE CENTRAL GULF OF MEXICO.
(a) In General.--The Secretary of the Interior shall conduct
offshore oil and gas Lease Sale 222 under section 8 of the Outer
Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable,
but not later than June 1, 2012.
(b) Environmental Review.--For the purposes of that lease sale, the
Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and
the Multi-Sale Environmental Impact Statement are deemed to satisfy the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 306. DEFINITIONS.
In this title:
(1) The term ``Environmental Impact Statement for the 2007-
2012 5 Year OCS Plan'' means the Final Environmental Impact
Statement for Outer Continental Shelf Oil and Gas Leasing
Program: 2007-2012 (April 2007) prepared by the Secretary of
the Interior.
(2) The term ``Multi-Sale Environmental Impact Statement''
means the Environmental Impact Statement for Proposed Western
Gulf of Mexico OCS Oil and Gas Lease Sales 204, 207, 210, 215,
and 218, and Proposed Central Gulf of Mexico OCS Oil and Gas
Lease Sales 205, 206, 208, 213, 216, and 222 (September 2008)
prepared by the Secretary of the Interior.
Passed the House of Representatives May 11, 2011.
Attest:
KAREN L. HAAS,
Clerk. | Putting the Gulf of Mexico Back to Work Act - Title I: Amendment to the Outer Continental Shelf Lands Act - (Sec. 101) Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior (who currently is only authorized) to require that any lessee operating under an approved exploration plan obtain: (1) a permit before drilling any well in accordance with such plan, and (2) a new permit before drilling any well of a design significantly different from the design for which an existing permit was issued.
Prohibits the Secretary from issuing a permit without ensuring that the proposed drilling operations meet all: (1) critical safety system requirements including blowout prevention, and (2) oil spill response and containment requirements.
Requires the Secretary to decide whether to issue a permit within 30 days after receiving an application. Allows up to two 15-day extensions of such deadline. Prescribes implementation procedures.
Imposes a deadline for certain permit applications under existing leases.
(Sec. 102) Directs the Secretary to extend by one year the term of an oil and gas lease (covered lease) for the Gulf of Mexico outer Continental Shelf (OCS) region that: (1) was not producing as of April 30, 2010; or (2) was suspended from operations, permit processing, or consideration in accordance with either the moratorium set forth in the Minerals Management Service Notice to Lessees and Operators No. 2010, or the decision memorandum regarding the suspension of certain offshore permitting and drilling activities on the OCS, dated July 12, 2010; and (3) by its terms would expire on or before December 31, 2011.
States that the extension of such covered leases is in addition to any suspension of operations or of production granted by the Minerals Management Service or Bureau of Ocean Energy Management, Regulation and Enforcement after May 1, 2010.
Title II: Judicial Review of Agency Actions Relating to Outer Continental Shelf Activities in the Gulf of Mexico - (Sec. 201) Defines a covered civil action as one seeking relief (other than money damages) and stating a claim that an agency or an agency officer or employee acted or failed to act in an official capacity or under color of legal authority regarding a covered energy project in the Gulf of Mexico.
Defines such a covered energy project as the leasing of federal lands of the OCS (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy in the Gulf of Mexico, as well as any action under such a lease. Excludes from the meaning of covered energy project any disputes between the parties to a lease regarding the obligations under such lease, including any alleged breach of the lease.
(Sec. 202) Establishes any district court within the Fifth Circuit as the exclusive venue for covered civil actions relating to covered energy projects in the Gulf of Mexico, unless there is no proper venue within that circuit.
(Sec. 203) Bars a covered civil action unless it is filed within 60 days after the final federal action to which it relates.
(Sec. 204) Requires the court to try to hear and determine any covered action as expeditiously as possible.
(Sec. 205) Makes a presumption, in any judicial review of a covered civil action, that the administrative findings and conclusions relating to the challenged federal action or decision are correct. Allows rebuttal of this presumption only by the preponderance of the evidence contained in the administrative record.
(Sec. 206) Prohibits a court from granting or approving any prospective relief unless it finds that such relief: (1) is narrowly drawn, (2) extends no further than necessary to correct the violation of a legal requirement, and (3) is the least intrusive means necessary to correct the violation.
(Sec. 207) Prohibits federal payment of attorneys' fees, expenses, and other court costs to any party in a covered civil action under this Act.
Title III: Restarting American Offshore Leasing Now Act - Restarting American Offshore Leasing Now Act - (Sec. 302) Directs the Secretary of the Interior to conduct specified proposed offshore oil and gas lease sales as follows: (1) lease sale 216 in the Central Gulf of Mexico within four months after enactment of this Act; (2) lease sale 218 in the Western Gulf of Mexico within eight months after enactment of this Act; (3) lease sale 220 on the Outer Continental Shelf offshore Virginia within one year after enactment of this Act; and (4) lease sale 222 in the Central Gulf of Mexico no later than June 1, 2012.
(Sec. 304) Prohibits the Secretary from making any Offshore Virginia tract available for leasing if it would conflict with military operations.
Declares that, for purposes of such proposed lease sales, specified Environmental Impact Statements are deemed to satisfy the requirements of the National Environmental Policy Act of 1969. | {"src": "billsum_train", "title": "To amend the Outer Continental Shelf Lands Act to facilitate the safe and timely production of American energy resources from the Gulf of Mexico, to require the Secretary of the Interior to conduct certain offshore oil and gas lease sales, and for other purposes."} | 2,759 | 1,092 | 0.604056 | 1.854697 | 0.754091 | 4.630322 | 2.455867 | 0.943925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Knife Owners' Protection Act of
2014''.
SEC. 2. INTERSTATE TRANSPORT OF KNIVES.
(a) Definition.--In this section, the term ``transport''--
(1) includes staying in temporary lodging overnight, common
carrier misrouting or delays, stops for food, fuel, vehicle
maintenance, emergencies, medical treatment, and any other
activity related to the journey of an individual; and
(2) does not include transport of a knife with the intent
to commit an offense punishable by imprisonment for a term
exceeding 1 year involving the use or threatened use of force
against another person, or with knowledge, or reasonable cause
to believe, that such an offense is to be committed in the
course of, or arising from, the journey.
(b) Transport of Knives.--
(1) In general.--Notwithstanding any other provision of
law, rule, or regulation of the United States, or of a State or
political subdivision of a State, an individual who is not
otherwise prohibited by Federal law from possessing,
transporting, shipping, or receiving a knife may transport a
knife from any State or place where the individual may lawfully
possess, carry, or transport the knife to any other State or
place where the individual may lawfully possess, carry, or
transport the knife if--
(A) in the case of transport by motor vehicle, the
knife is not directly accessible from the passenger
compartment of the motor vehicle, or, in the case of a
motor vehicle without a compartment separate from the
passenger compartment, the knife is contained in a
locked container, glove compartment, or console; or
(B) in the case of transport by means other than a
motor vehicle, including any transport over land, on or
through water, or through the air, the knife is
contained in a locked container.
(2) Temporary lodging.--An individual transporting a knife
in accordance with paragraph (1) may have a knife accessible
while staying in any form of temporary lodging.
(c) Emergency Knives.--
(1) In general.--An individual--
(A) may carry in the passenger compartment of a
motor vehicle a knife or tool designed for enabling
escape in an emergency that incorporates a blunt tipped
safety blade or a guarded blade or both for cutting
safety belts; and
(B) shall not be required to secure a knife or tool
described in subparagraph (A) in a locked container,
glove compartment, or console.
(2) Limitation.--This subsection shall not apply to the
transport of a knife or tool in the passenger cabin of an
aircraft whose passengers are subject to airport screening
procedures of the Transportation Security Administration.
(d) No Arrest or Detention.--An individual who is transporting a
knife in compliance with this section may not be arrested or otherwise
detained for violation of any law, rule, or regulation of a State or
political subdivision of a State related to the possession, transport,
or carrying of a knife, unless there is probable cause to believe that
the individual is not in compliance with subsection (b).
(e) Claim or Defense.--An individual may assert this section as a
claim or defense in any civil or criminal action or proceeding. When an
individual asserts this section as a claim or defense in a criminal
proceeding, the State or political subdivision has the burden of
proving, beyond a reasonable doubt, that the individual was not in
compliance with subsection (b).
(f) Right of Action.--
(1) In general.--Any individual who, under color of any
statute, ordinance, regulation, custom, or usage, of any State
or political subdivision of a State, subjects, or causes to be
subjected, any individual to the deprivation of the rights,
privileges, or immunities provided for in this section, shall
be liable to the individual so deprived in an action at law or
equity, or other proper proceeding for redress.
(2) Attorney's fees.--
(A) In general.--If an individual asserts this
section as a claim or defense, the court shall award to
the prevailing party, as described in subparagraph (B),
reasonable attorney's fees.
(B) Prevailing party.--A prevailing party described
in this subparagraph--
(i) includes a party who receives a
favorable resolution through a decision by a
court, settlement of a claim, withdrawal of
criminal charges, or change of a statute or
regulation; and
(ii) does not include a State or political
subdivision of a State, or an employee or
representative of a State or political
subdivision of a State.
(g) Rule of Construction.--Nothing in this section shall be
construed to limit any right to possess, carry, or transport a knife
under applicable State law. | Knife Owners' Protection Act of 2014 - Allows any individual who is not otherwise prohibited by federal law from possessing, transporting, shipping, or receiving a knife to transport a knife from any state or place where such individual may lawfully possess, carry, or transport such a knife to any other state or place where such individual may lawfully do so: (1) by motor vehicle if the knife is not directly accessible from the passenger compartment or is in a locked container, glove compartment, or console; or (2) by other means over land or through water or the air if the knife is in a locked container. Excludes the transport of a knife with the intent to commit an offense punishable by imprisonment for a term exceeding one year involving the use or threatened use of force against another person or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, the journey. Authorizes an individual transporting a knife in accordance with such requirements to have a knife accessible while staying in any form of temporary lodging. Allows an individual to carry a knife or tool that is designed for enabling escape in an emergency and that incorporates a blunt tipped safety blade or a guarded blade or both for cutting safety belts in the passenger compartment of a motor vehicle without being secured in a locked container, glove compartment, or console, except in the passenger cabin of aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration (TSA). Establishes a cause of action by individuals subjected to deprivation of rights provided under this Act. Requires the court to award reasonable attorney's fees to the prevailing party if an individual asserts this Act as a claim or defense. | {"src": "billsum_train", "title": "Knife Owners' Protection Act of 2014"} | 1,073 | 389 | 0.792047 | 2.520701 | 0.863423 | 5.141141 | 2.963964 | 0.942943 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Stimulus Tax Cut Act of
2001''.
SEC. 2. REFUND OF INDIVIDUAL INCOME AND EMPLOYMENT TAXES.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application in the case of
abatements, credits, and refunds) is amended by adding at the end the
following new section:
``SEC. 6428. REFUND OF INDIVIDUAL INCOME AND EMPLOYMENT TAXES.
``(a) General Rule.--Except as otherwise provided in this section,
each individual shall be treated as having made a payment against the
tax imposed by chapter 1 for any taxable year beginning in 2001, in an
amount equal to the lesser of--
``(1) the amount of the taxpayer's liability for tax for
the taxpayer's last taxable year beginning in calendar year
2000, or
``(2) the taxpayer's applicable amount.
``(b) Liability for Tax.--For purposes of this section, the
liability for tax for the taxable year shall be the sum of--
``(1) the excess (if any) of--
``(A) the sum of--
``(i) the taxpayer's regular tax liability
(within the meaning of section 26(b)) for the
taxable year, and
``(ii) the tax imposed by section 55(a)
with respect to such taxpayer for the taxable
year, over
``(B) the sum of the credits allowable under part
IV of subchapter A of chapter 1 (other than sections
31, 33, and 34) for the taxable year, and
``(2) the taxes imposed by sections 1401, 3101, 3111,
3201(a), 3211(a)(1), and 3221(a) on amounts received by the
taxpayer for the taxable year.
``(c) Applicable Amount.--For purposes of this section--
``(1) In general.--The applicable amount for any taxpayer
shall be determined under the following table:
The applicable
``In the case of a taxpayer amount is:
described in:
Section 1(a).................................. $600
Section 1(b).................................. $450
Section 1(c).................................. $300
Section 1(d).................................. $300
Paragraph (2)................................. $300.
``(2) Taxpayers with only payroll tax liability.--A
taxpayer is described in this paragraph if such taxpayer's
liability for tax for the taxable year does not include any
liability described in subsection (b)(1).
``(d) Date Payment Deemed Made.--
``(1) In general.--The payment provided by this section
shall be deemed made on the date of the enactment of this
section.
``(2) Remittance of payment.--The Secretary shall remit to
each taxpayer the payment described in paragraph (1) within 90
days after such date of enactment.
``(3) Claim for nonpayment.--Any taxpayer who erroneously
does not receive a payment described in paragraph (1) may make
claim for such payment in a manner and at such time as the
Secretary prescribes.
``(e) Certain Persons Not Eligible.--This section shall not apply
to--
``(1) 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 such individual's
taxable year begins,
``(2) any estate or trust, or
``(3) any nonresident alien individual.''.
(b) Conforming Amendment.--Section 1324(b)(2) of title 31, United
States Code, is amended by inserting before the period ``, or enacted
by the Economic Stimulus Tax Cut Act of 2001''.
(c) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 6428. Refund of individual income
and employment taxes.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REDUCTION IN INCOME TAX RATES FOR INDIVIDUALS.
(a) In General.--Section 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(i) Rate Reductions After 2000.--
``(1) New lowest rate bracket.--
``(A) In general.--In the case of taxable years
beginning after December 31, 2000--
``(i) the rate of tax under subsections
(a), (b), (c), and (d) on taxable income not
over the initial bracket amount shall be 10
percent (12.5 percent in taxable years
beginning in 2001), and
``(ii) the 15 percent rate of tax shall
apply only to taxable income over the initial
bracket amount.
``(B) Initial bracket amount.--For purposes of this
subsection, the initial bracket amount is--
``(i) $12,000 in the case of subsection
(a),
``(ii) $10,000 in the case of subsection
(b), and
``(iii) \1/2\ the amount applicable under
clause (i) in the case of subsections (c) and
(d).
``(C) Inflation adjustment.--In prescribing the
tables under subsection (f) which apply with respect to
taxable years beginning in calendar years after 2001--
``(i) the Secretary shall make no
adjustment to the initial bracket amount for
any taxable year beginning before January 1,
2003,
``(ii) the cost-of-living adjustment used
in making adjustments to the initial bracket
amount for any taxable year beginning after
December 31, 2002, shall be determined under
subsection (f)(3) by substituting `2001' for
`1992' in subparagraph (B) thereof, and
``(iii) such adjustment shall not apply to
the amount referred to in subparagraph
(B)(iii).
If any amount after adjustment under the preceding
sentence is not a multiple of $50, such amount shall be
rounded to the next lowest multiple of $50.
``(2) Adjustment of tables.--The Secretary shall adjust the
tables prescribed under subsection (f) to carry out this
subsection.''.
(b) Determination of Withholding Tables.--Section 3402(a) of the
Internal Revenue Code of 1986 (relating to requirement of withholding)
is amended by adding at the following new paragraph:
``(3) Changes made by section 3 of the economic stimulus
tax cut act of 2001.--Notwithstanding the provisions of this
subsection, the Secretary shall modify the tables and
procedures under paragraph (1) to reflect the amendments made
by section 3 of the Economic Stimulus Tax Cut Act of 2001, and
such modification shall take effect on July 1, 2001, as if the
lowest rate of tax under section 1 (as amended by such section
3) was a 10-percent rate effective on such date.''.
(c) Conforming Amendments.--
(1) Subparagraph (B) of section 1(g)(7) of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``15 percent'' in clause (ii)(II)
and inserting ``the first bracket percentage'', and
(B) by adding at the end the following flush
sentence:
``For purposes of clause (ii), the first bracket
percentage is the percentage applicable to the lowest
income bracket in the table under subsection (c).''.
(2) Section 1(h) of such Code is amended by striking
paragraph (13).
(3) Section 15 of such Code is amended by adding at the end
the following new subsection:
``(f) Rate Reductions Enacted by Economic Stimulus Tax Cut Act of
2001.--This section shall not apply to any change in rates under
subsection (i) of section 1 (relating to rate reductions in 2001).''.
(4) Section 3402(p)(2) of such Code is amended by striking
``equal to 15 percent of such payment'' and inserting ``equal
to the product of the lowest rate of tax under section 1(c) and
such payment''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2000.
(2) Amendments to withholding provision.--The amendments
made by subsection (b) and subsection (c)(4) shall apply to
amounts paid after June 30, 2001. | Economic Stimulus Tax Cut Act of 2001 - Amends the Internal Revenue Code to treat an eligible taxpayer as having made a payment of the lesser of the prior year's tax liability or a specified applicable amount against individual and employment taxes.Reduces specified individual tax rates. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a refund of individual taxes in 2001 and to establish a 10 percent rate bracket beginning in 2001, and for other purposes."} | 1,960 | 62 | 0.476346 | 1.056611 | 0.74652 | 2.78 | 35.46 | 0.86 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Device Tax Elimination
Act''.
SEC. 2. REPEAL OF MEDICAL DEVICE EXCISE TAX.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E.
(b) Conforming Amendments.--
(1) Section 4221(a) of such Code is amended by striking the
last sentence.
(2) Section 6416(b)(2) of such Code is amended by striking
the last sentence.
(c) Clerical Amendment.--The table of subchapters for chapter 32 of
such Code is amended by striking the item relating to subchapter E.
(d) Effective Date.--The amendments made by this section shall
apply to sales after the date of the enactment of this Act.
SEC. 3. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL,
NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.
(a) Denial of Deduction.--Section 199(c)(4) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(E) Special rule for certain oil and gas
income.--In the case of any taxpayer who is a major
integrated oil company (as defined in section
167(h)(5)(B)) for the taxable year, the term `domestic
production gross receipts' shall not include gross
receipts from the production, transportation, or
distribution of oil, natural gas, or any primary
product (within the meaning of subsection (d)(9))
thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2014.
SEC. 4. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR
INTEGRATED OIL COMPANIES.
(a) In General.--Section 472 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Major Integrated Oil Companies.--Notwithstanding any other
provision of this section, a major integrated oil company (as defined
in section 167(h)(5)(B)) may not use the method provided in subsection
(b) in inventorying of any goods.''.
(b) Effective Date and Special Rule.--
(1) In general.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2014.
(2) Change in method of accounting.--In the case of any
taxpayer required by the amendment made by this section to
change its method of accounting for its first taxable year
beginning after December 31, 2014--
(A) such change shall be treated as initiated by
the taxpayer,
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury, and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken
into account ratably over a period (not greater than 8
taxable years) beginning with such first taxable year.
SEC. 5. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR
INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Special Rules Relating to Major Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a major integrated oil company (as defined in
section 167(h)(5)(B)) to a foreign country or possession of the
United States for any period shall not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply
the proper treatment of any such amount not in excess
of the amount determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or
possession.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
December 31, 2014.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States. | Medical Device Tax Elimination Act This bill amends the Internal Revenue Code to repeal the excise tax on medical devices and offsets the cost of such repeal by: (1) eliminating the tax deduction for income attributable to oil, natural gas, or primary products thereof for major integrated oil companies (companies that have an average daily worldwide annual production of crude oil of at least 500,000 barrels and annual gross receipts in excess of $1 billion); (2) prohibiting the use of the last-in, first-out (LIFO) accounting method by major integrated oil companies; and (3) denying the foreign tax credit to major integrated oil companies that are dual taxpayers (companies that receive an economic benefit from a foreign country or a possession of the United States that does not impose a generally applicable income tax). | {"src": "billsum_train", "title": "Medical Device Tax Elimination Act"} | 1,417 | 171 | 0.543711 | 1.514286 | 0.720493 | 2.44586 | 7.675159 | 0.828025 |
SECTION 1. MORATORIUM ON IMPLEMENTATION.
(a) Definition.--As used in this section:
(1) Act.--The term ``Act'' means title XIV of the Public
Health Service Act (commonly known as the Safe Drinking Water
Act; 42 U.S.C. 300f et seq.).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(b) Moratorium.--Except as provided in subsection (d), the
Administrator may not implement--
(1) any national primary drinking water regulation
promulgated pursuant to section 1412 of the Act (42 U.S.C.
300g-1) after December 21, 1989; or
(2) any similar rule or regulation,
until such time as the Administrator meets the applicable requirements
of subsection (c) and authorizing legislation that extends the
authorization with respect to the provisions of the Act is enacted.
(c) Study and Report.--
(1) Study.--Not later than 1 year after the date of
enactment of this section, the Administrator shall conduct a
comprehensive study to review--
(A) each final regulation that has been promulgated
under the Act as of the date of the review, and
regulatory alternatives to the regulation that reflect
a range of levels of safety or direct health benefits
(or a combination of both);
(B) for each regulatory alternative described in
subparagraph (A)--
(i) any health effect the regulatory
alternative would prevent; and
(ii) the system-level incremental cost of
the alternative;
(C) in consultation with the Director of the
National Academy of Sciences, the list of contaminants
listed pursuant to section 1412 of the Act (42 U.S.C.
300g-1) for the purpose of considering revisions to the
list to take into account--
(i) whether the contaminant is known (or
reasonably anticipated) to cause a significant
adverse effect on human health;
(ii) if the contaminant is not known (or
reasonably anticipated) to cause a significant
adverse effect on human health, the risk or
safety factors associated with the maximum
contaminant level for the contaminant under
section 1412 of the Act (including any safety
factor associated with relative source
contribution and assumptions concerning water
consumption); and
(iii) whether the contaminant is known to
be, or reasonably anticipated to occur, in
public water systems located within each State
and region covered by the Act;
(D) the compliance deadlines under the Act (to
determine whether any revision would be appropriate);
(E) each regulation and proposed regulation
described in subsection (b), for the purpose of
determining whether a regulation to apply exclusively
to small public water systems (as determined by the
Administrator) would be more appropriate to address the
needs of small communities (as determined by the
Administrator); and
(F) the funding needs of States and political
subdivisions of States to meet the requirements of the
Act, and recommended alternatives to ensure that States
and political subdivisions of States meet the funding
needs.
(2) Report.--Upon completion of the study described in
paragraph (1), the Administrator shall submit to Congress a
written report that documents the findings of the study and
includes recommended legislative changes to the Act.
(d) Issuance of Regulations.--If the Administrator, in consultation
with the States, and after considering available resources for managing
risks associated with drinking water, determines that the immediate
implementation or promulgation of a national primary drinking water
regulation under section 1412 of the Act (42 U.S.C. 300g-1), or similar
rule or regulation, is justifiable in order to protect human health,
the Administrator shall implement or promulgate the regulation without
regard to subsection (b).
SEC. 2. DEFINITION OF PUBLIC WATER SYSTEM.
Section 1401(4) of title XIV of the Public Health Service Act
(commonly known as the Safe Drinking Water Act) is amended by adding
the following at the end thereof: ``Such term shall not include any
system which (i) relies only on surface water supplies, (ii) serves
only seasonal rental residences, and (iii) serves 100 or fewer
individuals. For purposes of the preceding sentence, the term
`seasonal' refers to residences occupied less than 6 months during any
calendar year.''. | Prohibits the Administrator of the Environmental Protection Agency from implementing any national primary drinking water regulation under the Safe Drinking Water Act (the Act) or any similar regulation until this Act's requirements are met and legislation that extends the authorization of the Act is enacted.
Requires the Administrator to study and report to the Congress on: (1) each final regulation promulgated under the Act and regulatory alternatives that reflect a range of levels of safety or direct health benefits; (2) any health effect an alternative would prevent and the system-level incremental cost of each alternative; (3) the contaminants listed pursuant to the Act for purposes of considering revisions to the list, taking into account anticipated adverse health effects of the contaminant, the risk or safety factors associated with the maximum contaminant level, and whether the contaminant may occur in public water systems; (4) compliance deadlines; (5) whether a regulation should apply exclusively to small public water systems; and (6) recommended alternatives to ensure that States and political subdivisions meet funding needs to carry out the Act.
Directs the Administrator, if the implementation or promulgation of a primary drinking water regulation is justifiable to protect human health, to implement or promulgate such regulation without regard to the requirements of this Act.
Amends the Safe Drinking Water Act to exclude from the definition of "public water system" any system which: (1) relies only on surface water supplies; (2) serves only seasonal rental residences; and (3) serves 100 or fewer individuals. | {"src": "billsum_train", "title": "To establish a moratorium on the promulgation and implementation of certain drinking water regulations promulgated under the Safe Drinking Water Act, to modify the definition of public water system, and for other purposes."} | 948 | 321 | 0.681395 | 2.11817 | 0.855143 | 3.098305 | 2.959322 | 0.915254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazardous Materials Transportation
Act Reauthorization Amendments of 1993''.
SEC. 2. DEFINITIONS.
Section 103 of the Hazardous Materials Transportation Act (49
U.S.C. App. 1802) is amended in each of paragraphs (5)(B) and
(6)(A)(iii) by striking ``packages'' and inserting ``packaging''.
SEC. 3. REGULATIONS.
Section 105 of the Hazardous Materials Transportation Act (49
U.S.C. App. 1804) is amended--
(1) subsection (a)(3) by inserting ``hazardous materials''
after ``shipped,'';
(2) in each of subsections (a)(3) and (a)(4)(B)(v) by
striking ``package'' and inserting ``packaging'';
(3) by striking paragraph (1) of subsection (e) and
inserting the following:
``(1) a container or package, or a component of a container
or package, for the transportation of hazardous materials is
safe, certified, or in compliance with the requirements of this
title unless it meets the requirements of all applicable
regulations issued under this title; or''.
SEC. 4. REGISTRATION.
Section 106(c) of the Hazardous Materials Transportation Act (49
U.S.C. App. 1805(c)) is amended by adding at the end the following:
``(16) Authority of secretary to waive mandatory filing
requirement.--The Secretary may waive the filing of a
registration statement, or the payment of a fee, required under
this subsection, or both, for any person not domiciled in the
United States who solely offers hazardous materials for
transportation to the United States from a place outside the
United States if the country of which such person is a
domiciliary does not require persons domiciled in the United
States who solely offer hazardous materials for transportation
to the foreign country from places in the United States to file
registration statements, or to pay fees, for making such an
offer.''.
SEC. 5. INSPECTION-.
Section 109(c)(1) of the Hazardous Materials Transportation Act (49
U.S.C. App. 1808(c)) is amended by striking ``packages'' and inserting
``packagings''.
SEC. 6. PENALTIES.
Section 110(a)(1) of the Hazardous Materials Transportation Act (49
U.S.C. App. 1809(a)(1)) is amended by striking ``package'' and
inserting ``packaging''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 115(a) of the Hazardous Materials Transportation Act (49
U.S.C. App. 1812(a)) is amended to read as follows:
``(a) In General.--There is authorized to be appropriated for
carrying out this title (other than section 117, 117A, 118, and 121)
not to exceed $18,000,000 for fiscal year 1994, $18,540,000 for fiscal
year 1995, $19,100,000 for fiscal year 1996, $19,670,000 for fiscal
year 1997, and $20,260,000 for fiscal year 1998.''.
SEC. 8. TRAINING.
(a) Supplemental Public Sector Training Grants.--Section 117A of
the Hazardous Materials Transportation Act (49 U.S.C. App. 1815) is
amended by adding at the end the following:
``(j) Supplemental Training Grants.--
``(1) In general.--In order to further the purposes of
subsection (b), relating to training public sector employees to
respond to accidents and incidents involving hazardous
materials, the Secretary shall make grants to national
nonprofit employee organizations engaged solely in fighting
fires for the purpose of training individuals with statutory
responsibility to respond to hazardous materials accidents and
incidents.
``(2) Use of funds.--Funds granted to an organization under
this subsection may be used--
``(A) to identify regions or locations in which
fire departments are in need of hazardous materials
training;
``(B) to prioritize such needs and develop a means
for evaluating specific training needs;
``(C) to train instructors to conduct hazardous
materials response training programs and evaluate the
efficacy of such training programs;
``(D) to purchase training equipment for such
training programs; and
``(E) to disseminate on a nationwide basis the data
developed, and the findings derived from projects
carried out, under this subsection.
``(3) Use of training courses.--The Secretary may only make
a grant to an organization under this subsection in a fiscal
year if the organization enters into an agreement with the
Secretary to use in such fiscal year--
``(A) a course or courses developed or identified
under section 117A(g); or
``(B) other courses which the Secretary determines
are consistent with the objectives of this subsection;
for training individuals with statutory responsibility to
respond to accidents and incidents involving hazardous
materials.
``(4) Terms and conditions.--The Secretary may impose such
additional terms and conditions on grants to be made under this
subsection as the Secretary determines are necessary to protect
the interests of the United States and to carry out the
objectives of this subsection.
``(k) Reports.--Not later than September 30, 1997, the Secretary
shall submit to Congress a report on the allocation and uses of
training grants authorized under subsection (b) for fiscal years 1993
through fiscal year 1996 and grants authorized under subsection (j) and
section 118 for fiscal years 1995 and 1996. Such report shall identify
nonprofit organizations receiving training grants and include a
detailed accounting of all grant expenditures by grant recipients, the
number of employees trained under the grant programs, and an evaluation
of the efficacy of training programs carried out.''.
(b) Funding.--Section 117A(i)(2) of such Act is amended--
(1) by inserting ``(A) General program.--'' before
``There'';
(2) by indenting subparagraph (A), as so designated, and
moving subparagraph (A) 2 ems to the right; and
(3) by adding at the end the following new subparagraph:
``(B) Supplemental program.--
``(i) From fees.--There shall be available
to the Secretary for carrying out subsection
(j), from amounts in the account established
pursuant to subsection (h), $250,000 per fiscal
year for each of fiscal years 1995, 1996, 1997,
and 1998.
``(ii) From general revenues.--In addition
to amounts made available under clause (i),
there is authorized to be appropriated to the
Secretary for carrying out subsection (j)
$2,000,000 per fiscal year for each of fiscal
years 1995, 1996, 1997, and 1998.''.
(c) Hazmat Employee Training Program.--Section 118 of such Act is
amended--
(1) in subsection (a) by striking ``may'' and inserting
``shall, subject to the availability of funds under subsection
(d),'';
(2) in subsection (b) by striking ``National'' and all that
follows through ``Labor'' and inserting ``Secretary'';
(3) in subsection (c) by inserting ``hazmat employee''
after ``nonprofit''; and
(4) by striking subsection (d) and inserting the following:
``(d) Funding.--There is authorized to be appropriated to the
Secretary to carry out this section $10,000,000 per fiscal year for
each of fiscal years 1995, 1996, 1997, and 1998.''.
(d) Conforming Amendments.--Section 117A(h) of such Act is
amended--
(1) in paragraph (2)(H) by striking ``and section 118'';
(2) in paragraph (6)(B)(i) by striking ``and section 118'';
and
(3) in paragraph (6)(B)(iii) by striking ``and section
118''.
SEC. 9. FEDERAL CONTRACTORS.
Section 120 of the Hazardous Materials Transportation Act (49
U.S.C. App. 1818) is amended by striking ``package'' and inserting
``packaging''.
SEC. 10. COMPUTERIZED TELECOMMUNICATION DATA CENTER PILOT PROJECTS.
(a) Grants.--The Secretary of Transportation may make grants to 1
or more persons, including a State or local government or department,
agency, or instrumentality thereof, to carry out a pilot project to
demonstrate the feasibility of establishing and operating a reporting
system and computerized telecommunication data center that is capable--
(1) of receiving, storing, and retrieving data on all daily
shipments of hazardous materials transported by motor carriers
of property;
(2) of identifying the types of hazardous materials being
transported by a motor carrier of property; and
(3) of providing information to facilitate responses to
accidents and incidents involving such shipments.
(b) Selection of Carriers.--The pilot project to be carried out
under this section must involve 2 or more motor carriers of property.
One of the motor carriers selected to participate in the project must
be a carrier that transports mostly hazardous materials. The other
motor carrier selected must be a regular-route common carrier that
specializes in transporting less than truck-load shipments. The motor
carriers selected may be engaged in multimodal movements of hazardous
materials with other motor carriers, rail carriers, or water carriers.
(c) Terms and Conditions.--The Secretary may impose such terms and
conditions on grants to be made under this section as the Secretary
determines are necessary to protect the interests of the United States
and to carry out the objectives of this section.
(d) Coordination.--To the maximum extent practicable, the Secretary
of Transportation shall coordinate a pilot project to be carried out
under this section with any existing Federal, State, and local
government projects and private projects which are similar to the pilot
project to be carried out under this section. The Secretary may require
that a pilot project under this section be carried out in conjunction
with such similar Federal, State, and local government projects and
private projects.
(e) Federal Share.--The Federal share of the cost of a pilot
project carried out under this section shall be 100 percent, unless the
grantee selected to carry out such project agrees to a lower Federal
share.
(f) Report.--Not later than December 31, 1997, the Secretary of
Transportation shall transmit to Congress a report on the results of
pilot projects carried out under this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 1995 and 1996. Such sums shall remain available until expended.
SEC. 11. STUDY OF HAZARDOUS WASTES TRANSPORTATION NEAR FEDERAL PRISONS.
(a) Study.--The Secretary of Transportation shall conduct a study
to determine the safety considerations of transporting hazardous wastes
in close proximity to Federal prisons, particularly those housing
maximum security prisoners. Such study shall include, but not be
limited to, an evaluation of the ability of such facilities and the
designated local planning agencies to safely evacuate such prisoners in
the event of an emergency and any special training, equipment, or
personnel that would be required by such facility and the designated
local emergency planning agencies to carry out such evacuation.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Transportation shall transmit to Congress
a report on the results of the study conducted under this section,
along with the Secretary's recommendations for any legislative or
regulatory changes to enhance the safety regarding the transportation
of hazardous wastes near Federal prisons.
SEC. 12. STUDY OF RADIO MICROWAVE TECHNOLOGIES AND HIGHWAY SAFETY.
(a) Arrangements With Appropriate Entity.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Transportation shall enter into appropriate arrangements with the
National Academy of Sciences or any other appropriate entity to conduct
a comprehensive study and investigation with respect to both commercial
motor vehicles carrying hazardous materials and commercial motor
vehicles generally of the following:
(1) Whether there is a safety justification for regulating
the use of radar detectors in such vehicles.
(2) Whether there are ways in which radio microwave
technologies may be used to enhance the safety of such
vehicles, including by warning drivers of such vehicles of--
(A) segments of roadway under construction,
maintenance, or repair;
(B) obstructions on or adjacent to the roadway,
including accident sites;
(C) segments of roadway which have historically
higher accident rates; and
(D) conditions of restricted visibility caused by
snow, rain, fog, or dust.
(3) Whether there are ways radio microwave technologies may
be used in the application of intelligent vehicle highway
systems consistent with the goals of the Intelligence Vehicle-
Highway Systems Act of 1991.
(b) Consultation.--The entity conducting the study and
investigation under subsection (a) shall consult in all aspects of the
study and investigation, including study design, organizations
representing the commercial motor vehicle industry (including segments
of the industry which transport hazardous materials), manufacturers of
radar detectors, users of radar detectors, highway safety advocates,
and such other persons as such entity considers appropriate.
(c) Availability of Information.--The Secretary of Transportation
shall provide to the entity conducting the study and investigation
under subsection (a) any information or data which such entity
determines is necessary for the purpose of conducting such study and
investigation. The Secretary shall work with the States and other
appropriate organizations to develop, to the extent necessary, any new
information or data that is required to carry out such study and
investigation.
(d) Report.--The entity conducting the study and investigation
under subsection (a) shall report to the Secretary and Congress its
findings and recommendations with respect to such study and
investigation not later than September 30, 1995.
(e) Secretarial Review and Report.--Upon receipt of the report
under subsection (d), the Secretary of Transportation shall commence a
review of such report and of Federal policies regarding the use of
radar detectors and other radio microwave technologies with respect to
both commercial motor vehicles transporting hazardous materials and
commercial motor vehicles generally. Not later than 120 days after the
date of the receipt of the report under subsection (d), the Secretary
shall report to the Congress on the results of such review. Such report
shall include a description of any administrative action (including the
issuance or modification of regulations) that the Secretary plans to
take as a result of such review regarding the use of radar detectors
and other radio microwave technologies in such vehicles.
(f) Definition.--In this section, the term ``radio microwave
technology'' means any device or mechanism which emits or detects radio
microwaves, including radar detectors.
(g) Funding.--The Secretary of Transportation shall expend, out of
amounts deducted under section 104(a) of title 23, United States Code,
not more than $500,000 to carry out this section.
(h) Limitation on Statutory Construction.--Nothing in this section
shall alter in any way the authority of the Secretary of Transportation
to take any administrative action which the Secretary is otherwise
authorized to take or alter in any way the discretion which the
Secretary otherwise has in the exercise of such authority.
SEC. 13. PROHIBITION OF BILLBOARDS ON SCENIC BYWAYS.
Section 131(s) of title 23, United States Code, is amended by
striking ``subsection (c) of''.
SEC. 14. USE OF FIBRE DRUM PACKAGING.
(a) Initiation of Rulemaking Proceeding.--Not later than the 60th
day following the date of the enactment of this Act, the Secretary of
Transportation shall initiate a rulemaking proceeding to determine
whether the requirements of section 105(a) of the Hazardous Materials
Transportation Act as they pertain to openhead fiber drum packaging can
be met for the domestic transportation of liquid hazardous materials
(with respect to those classifications of liquid hazardous materials
transported by such drums pursuant to regulations in effect on
September 30, 1991) with standards other than the performance oriented
packaging standards adopted under docket number HM-181 contained in
part 178 of title 49, Code of Federal Regulations.
(b) Issuance of Standards.--If the Secretary of Transportation
determines, as a result of the rulemaking proceeding initiated under
subsection (a), that a packaging standard other than the performance
oriented packaging standards referred to in subsection (a) will provide
an equal or greater level of safety for the domestic transportation of
liquid hazardous materials than would be provided if such performance
oriented packaging standards were in effect, the Secretary shall issue
regulations which implement such other standard and which take effect
before October 1, 1996.
(c) Completion of Rulemaking Proceeding.--The rulemaking proceeding
initiated under subsection (a) shall be completed before October 1,
1995.
(d) Limitations.--
(1) Limitation on applicability.--The provisions of
subsections (a), (b), and (c) shall not apply to packaging for
those hazardous materials regulated by the Department of
Transportation as poisonous by inhalation under the Hazardous
Materials Transportation Act.
(2) Limitation of statutory construction.--Nothing in this
section shall be construed to prohibit the Secretary of
Transportation from issuing or enforcing regulations for the
international transportation of hazardous materials.
HR 3460 IH----2 | Hazardous Materials Transportation Act Reauthorization Amendments of 1993 - Amends the Hazardous Materials Transportation Act to prohibit a person from representing that a component of a container or package for the transportation of hazardous materials is safe, certified, or in compliance with the requirements of this Act unless it meets such requirements.
(Sec. 4) Authorizes the Secretary of Transportation (Secretary) to waive mandatory registration statement filing requirements and the payment of certain fees for any person not domiciled in the United States who solely offers from a place outside of the United States the transportation of hazardous materials to the United States if the country in which such person is domiciled does not require U.S. domiciliaries to file such statements or to pay such fees when making such offer.
(Sec. 7) Authorizes appropriations for the regulation of the transportation of hazardous materials.
(Sec. 8) Directs the Secretary, in order to further the training of public sector employees to respond to hazardous materials accidents, to make grants to national nonprofit employee organizations engaged solely in fighting fires for the purpose of training individuals with statutory responsibility to respond to such accidents. Authorizes appropriations.
(Sec. 10) Authorizes the Secretary to make grants to one or more persons, including a State or local government or department, agency or instrumentality, to carry out a pilot project to demonstrate the feasibility of establishing a reporting system and computerized telecommunication data center that is capable of: (1) receiving and retrieving data on shipments of hazardous materials; (2) identifying types of hazardous material being shipped; and (3) providing information to facilitate responses to accidents involving such shipments. Authorizes appropriations.
(Sec. 11) Directs the Secretary to study and report to the Congress on the safety considerations of transporting hazardous materials in close proximity to Federal prisons, particularly those housing maximum security prisoners.
(Sec. 12) Directs the Secretary to enter into arrangements with the National Academy of Sciences to study and report to the Secretary and the Congress on both commercial motor vehicles carrying hazardous materials and commercial vehicles in general with respect to: (1) the regulation of radar detectors in such vehicles; (2) ways in which radio microwave technologies may be used to enhance the safety of such vehicles; and (3) ways in which such technologies may be used in the the application of intelligent vehicle highway systems consistent with the goals of the Intelligent Vehicle-Highway Systems Act of 1991.
(Sec. 14) Requires the Secretary to initiate a rulemaking proceeding to determine whether certain requirements under the Hazardous Materials Transportation Act with respect to openhead fiber drum packaging can be met for the domestic transportation of liquid hazardous materials with standards other than certain performance oriented packaging standards contained in 49 Code of Federal Regulations 178. Requires the Secretary to implement any other performance oriented packaging standard that will provide an equal or greater level of safety for the transportation of liquid hazardous materials. | {"src": "billsum_train", "title": "Hazardous Materials Transportation Act Reauthorization Amendments of 1993"} | 3,856 | 631 | 0.627179 | 2.07501 | 0.685658 | 4.336315 | 6.218247 | 0.951699 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Camera Accountability Maintenance
and Transparency in Policing Act of 2015'' or the ``CAM TIP Act of
2015''.
SEC. 2. BODY-WORN CAMERA GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART MM--BODY-WORN CAMERA GRANTS
``SEC. 3031. IN GENERAL.
``From amounts made available to carry out this part, the Director
of the Bureau of Justice Assistance may make grants to States, units of
local government, and Indian tribes for the acquisition, operation, and
maintenance of body-worn cameras for law enforcement officers. In
making such grants, the Director shall assess the program proposed by
the applicant for the elements described in section 3033.
``SEC. 3032. USES OF FUNDS.
``Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the program described under section 3033.
``SEC. 3033. PROGRAM DESCRIBED.
``The program described in this section is any program implemented
by a grantee requiring the use of body-worn cameras by law enforcement
officers in that jurisdiction, which--
``(1) establishes policies and procedures for when law
enforcement officers should wear, activate, and deactivate
body-worn cameras;
``(2) ensures the protection of the civil liberties of
members of general public relating to the use of body-worn
cameras by law enforcement officers;
``(3) establishes policies limiting the use of recordings
of body-worn cameras to monitor the conduct of law enforcement
officers outside of their interactions, in an official
capacity, with members of the general public;
``(4) establishes or proposes to develop standards relating
to the effective placement, on a law enforcement officer's
body, of a body-worn camera;
``(5) describes the best practices for receiving an
accurate narrative from the recordings of body-worn cameras;
``(6) establishes policies for the collection and storage
of the recordings of body-worn cameras;
``(7) establishes policies relating to the availability of
recordings of body-worn cameras--
``(A) to the general public;
``(B) to victims of crimes; and
``(C) for internal use by the law enforcement
agency; and
``(8) has in place guidelines and training courses for law
enforcement officers relating to the proper management and use
of body-worn cameras.
``SEC. 3034. ALLOCATION OF FUNDS.
``Funds available under this part shall be awarded to each
qualifying unit of local government with fewer than 100,000 residents.
Any remaining funds available under this part shall be awarded to other
qualifying applicants on a pro rata basis.
``SEC. 3035. MATCHING REQUIREMENTS.
``(a) Federal Share.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(b) Non-Federal Share.--The non-Federal share of payments made
under this part may be made in cash or in-kind fairly evaluated,
including planned equipment or services.''.
SEC. 3. STUDY ON THE COST OF THE PURCHASE AND USE OF BODY-WORN CAMERAS
BY LAW ENFORCEMENT AGENCIES.
(a) Study.--The Attorney General shall conduct a study on the cost
to State and local law enforcement agencies of purchasing and using
body-worn cameras or other similar cameras, including gun-mounted
cameras.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall submit to Congress a
report that contains the results of the study conducted under
subsection (a).
SEC. 4. ESTABLISHMENT OF TASK FORCE ON COMMUNITY POLICING AND BODY
CAMERA ACCOUNTABILITY.
There shall be established in the Department of Justice a task
force to do the following:
(1) The task force shall be created to provide
recommendations on community policing, including best practices
for creating accountability and transparency.
(2) Not later than one year after the date of the enactment
of this Act, the task force shall provide a report to the
Congress, which shall include the recommendations under
paragraph (1).
(3) Membership shall include representatives of civil
rights organizations, Federal, State, and local law enforcement
personnel, and community policing experts.
(4) The task force shall develop proper body-worn camera
training protocol.
(5) The task force shall study the impact that citizen
review boards could have on investigating cases of alleged
police misconduct.
(6) Not later than 1 year after implementation of the body
camera requirement policy under section 3033 of title I of the
Omnibus Crime Control Act of 1968, the task force shall conduct
a survey to determine best practices and effectiveness of the
policy with findings to be reported back to the Congress.
SEC. 5. GAO REPORT ON PENTAGON'S 1033 PROGRAM.
Not later than 90 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Congress a
report on the Department of Defense Excess Personal Property Program
established pursuant to section 1033 the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201), that includes
information on--
(1) which jurisdictions equipment is sent to;
(2) the value of equipment sent to each jurisdiction;
(3) the level of training provided to officers; and
(4) how the equipment is used in the jurisdiction. | Camera Accountability Maintenance and Transparency in Policing Act of 2015 or the CAM TIP Act of 2015 Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Bureau of Justice Assistance to make matching grants to states, local governments, and Indian tribes for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers. Requires a grantee's body camera program to: establish policies and procedures for when law enforcement officers should wear, activate, and deactivate such cameras; ensure the protection of civil liberties of members of the general public; limit the use of recordings of such cameras to monitor the conduct of law enforcement officers outside of their official interactions with the public; develop standards regarding the effective body placement of such cameras; describe best practices for receiving an accurate narrative from recordings; establish procedures for collecting and storing recordings; establish policies governing the availability of such recordings to the general public, to victims of crimes, and for internal use by law enforcement; and have guidelines and training for law enforcement officers on the proper management and use of such cameras. Requires grants to be awarded first to qualifying local governments with fewer than 100,000 residents, with any remaining funds awarded to other applicants on a pro rata basis. Directs the Attorney General to study the cost to state and local law enforcement agencies of purchasing and using body-worn or similar cameras. Establishes in the Department of Justice a task force to: (1) provide recommendations on community policing, (2) study the impact that citizen review boards could have on investigating cases of alleged police misconduct, and (3) conduct a survey to determine best practices and the effectiveness of the body camera requirement policy. Directs the Government Accountability Office to report on the Department of Defense Excess Personal Property Program. | {"src": "billsum_train", "title": "CAM TIP Act of 2015"} | 1,339 | 378 | 0.714106 | 2.329532 | 0.939118 | 4.527066 | 3.586895 | 0.91453 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Onondaga Lake Restoration Act''.
SEC. 2. ONONDAGA LAKE, NEW YORK.
(a) Restoration, Conservation, and Management Activities.--Title I
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is
amended by adding at the end the following new section:
``SEC. 123. ONONDAGA LAKE, NEW YORK.
``(a) Restoration, Conservation, and Management Activities.--
``(1) Establishment of onondaga lake watershed council.--
The Administrator shall establish a council, to be known as the
`Onondaga Lake Watershed Council', to develop a plan,
consistent with subsection (g), for the restoration,
conservation, and management of Onondaga Lake. The plan shall
be known as the `Adaptive Management Plan'.
``(2) Implementation of adaptive management plan.--The
Administrator shall cooperate with Federal and State agencies
and make grants, and otherwise make funds available under
subsection (f), to carry out the recommendations of the
Adaptive Management Plan. Such recommendations shall be carried
out--
``(A) in consultation with the Onondaga Lake
Watershed Council; and
``(B) with the participation of the public,
including the Onondaga Nation, Federal, State, and
local governmental entities, and all other entities
that may be affected by activities under this section.
``(b) Onondaga Lake Watershed Council.--
``(1) Duties.--
``(A) Development of adaptive management plan.--The
Onondaga Lake Watershed Council shall develop and (as
necessary to achieve the goals identified under
subsection (c)(1)) periodically revise the Adaptive
Management Plan in consultation with the Onondaga Lake
Scientific Center.
``(B) Establishment of program for public
participation.--The Onondaga Lake Watershed Council
shall establish and carry out a comprehensive,
inclusive, and ongoing program for participation of the
public, including the Onondaga Nation, Federal, State,
and local governmental entities, and all other entities
that may be affected by activities under this section,
in the development and revision of the Adaptive
Management Plan under subparagraph (A).
``(2) Membership.--
``(A) In general.--The Onondaga Lake Watershed
Council shall consist of the following members:
``(i) The Administrator.
``(ii) The Secretary of the Army.
``(iii) The head of any other interested
Federal department or agency, as determined by
the Administrator.
``(iv) The Governor of the State of New
York.
``(v) A representative designated by the
Onondaga Nation Council of Chiefs.
``(vi) A representative designated by the
mayor of the City of Syracuse, New York.
``(vii) A representative designated by the
County Executive of Onondaga County, New York.
``(B) Ex officio membership.--The Onondaga Lake
Watershed Council shall consist of the following ex
officio, non-voting members:
``(i) The Senators from the State of New
York.
``(ii) Each Member of the House of
Representatives whose congressional district is
located all or partially within the Onondaga
Lake watershed.
``(iii) Each member of the New York State
Legislature whose district is located all or
partially within the Onondaga Lake watershed.
``(iv) Such other members as the
Administrator determines appropriate.
``(C) Designees.--Any member of the Onondaga Lake
Watershed Council specified in clauses (i) through (iv)
of subparagraph (A) or in subparagraph (B) may appoint
a designee to serve in place of the member on the
Council.
``(3) Committees.--
``(A) Establishment.--The Onondaga Lake Watershed
Council shall adopt bylaws providing for the
establishment of standing committees including the
following:
``(i) A Public Outreach and Participation
Committee.
``(ii) A Science and Engineering Committee.
``(B) Appointment.--The Onondaga Lake Watershed
Council shall appoint members to each committee
described in subparagraph (A).
``(c) Adaptive Management Plan.--
``(1) Identification of goals.--The Adaptive Management
Plan shall identify measurable goals for--
``(A) the restoration, conservation, and management
of Onondaga Lake; and
``(B) compliance with all provisions of law (except
a provision of law described in subsection (g)(1)(A))
affecting the restoration and conservation of Onondaga
Lake, including the water quality standards established
for Onondaga Lake (including total maximum daily loads
established under section 303(d)(C)) and the Amended
Consent Judgment and all effluent limitations therein
(or otherwise promulgated under this Act).
``(2) Recommendation of strategies.--To achieve the goals
identified under paragraph (1), the Adaptive Management Plan
shall incorporate and update the recommendations of the
Onondaga Lake Management Plan to recommend strategies for
management of--
``(A) the biological makeup of Onondaga Lake;
``(B) the physical development of Onondaga Lake and
its surroundings; and
``(C) the use of Onondaga Lake for recreational and
other purposes.
``(3) Coordination with other activities.--The strategies
recommended under paragraph (2) shall provide for coordination
with all other activities to restore or conserve, or otherwise
affecting the restoration or conservation of, Onondaga Lake,
including ongoing public participation activities, monitoring
activities, and other activities carried out under Federal or
State law.
``(4) Ongoing evaluation of strategies.--To evaluate the
effectiveness of the strategies recommended under paragraph (2)
in achieving the goals identified under paragraph (1), the
Adaptive Management Plan shall--
``(A) identify specific monitoring parameters by
which to make such evaluation, and provide for the
periodic revision of the monitoring parameters to
achieve such goals;
``(B) establish a monitoring program to measure the
monitoring parameters identified under subparagraph
(A); and
``(C) provide for the periodic evaluation of the
data collected pursuant to the monitoring program
required by subparagraph (B).
``(5) Approval.--The recommendations of the Adaptive
Management Plan shall not be carried out under subsection
(a)(2) before the date on which the plan is approved by the
Administrator and the Governor of the State of New York. The
Administrator, after providing an opportunity for public review
and comment, shall approve the plan not later than 120 days
after the date of its development under subsection (b)(1)(A) if
the Adaptive Management Plan meets the requirements of this
section and the Governor of the State of New York concurs in
such approval.
``(6) Effect on onondaga lake management plan.--This
section shall not be construed to interfere with any activity
carried out under the Onondaga Lake Management Plan, or any
other activity affecting the restoration, conservation, or
management of Onondaga Lake, before the date of approval of the
Adaptive Management Plan under paragraph (5).
``(d) Onondaga Lake Scientific Center.--
``(1) Establishment.--The Onondaga Lake Watershed Council
shall establish and direct a center to be known as the
`Onondaga Lake Scientific Center'.
``(2) Duties.--The Onondaga Lake Scientific Center shall
advise the Onondaga Lake Watershed Council on--
``(A) development of benchmarks to accomplish the
goals identified under subsection (c)(1);
``(B) implementation of the strategies recommended
under subsection (c)(2);
``(C) implementation of the monitoring program
under subsection (c)(4)(B);
``(D) establishment of the program for public
participation described in subsection (b)(1)(B); and
``(E) other matters concerning the development and
implementation of the Adaptive Management Plan.
``(3) Membership.--The Onondaga Lake Scientific Center
shall consist of the following members:
``(A) The Administrator.
``(B) Non-Federal entities appointed by the
Onondaga Lake Watershed Council, including--
``(i) Syracuse University;
``(ii) the State University of New York
College of Environmental Science and Forestry;
``(iii) the Upstate Freshwater Institute;
``(iv) the Onondaga Environmental
Institute; and
``(v) such other members as the Onondaga
Lake Watershed Council may deem appropriate.
``(4) Reporting.--The Onondaga Lake Scientific Center shall
submit to the Onondaga Lake Watershed Council an annual
report--
``(A) assessing the effectiveness of the strategies
recommended under subsection (c)(2) in accomplishing
the goals identified under subsection (c)(1);
``(B) recommending changes to management and
monitoring activities to accomplish the goals
identified under subsection (c)(1); and
``(C) recommending means for implementation of such
changes.
``(e) Onondaga Environmental Institute.--The Onondaga Environmental
Institute, as a condition of receiving grants under subsection (f)(2),
shall provide administrative services for the development and
implementation of the Adaptive Management Plan.
``(f) Funding.--
``(1) In general.--The Administrator may make funds
available to members of the Onondaga Lake Watershed Council and
Onondaga Lake Scientific Center to carry out this section.
``(2) Grants.--The Administrator, in consultation with the
Onondaga Lake Watershed Council, may make grants on a
noncompetitive basis to the Governor of the State of New York,
the mayor of the City of Syracuse, New York, the County
Executive of Onondaga County, New York, and members of the
Onondaga Lake Scientific Center described in subsection
(d)(3)(B)--
``(A) to implement the strategies recommended under
section (c)(2);
``(B) for research, surveys, administrative
services, and studies; and
``(C) to gather data necessary to carry out the
objectives of this section.
``(3) No relief from liability.--Grants made under this
subsection shall not relieve from liability any person that
would otherwise be liable under Federal or State law for
damages, response costs, natural resource damages, restitution,
equitable relief, or any other relief.
``(4) Matching requirement.--Federal funds expended for
activities to carry out this section, including funds made
available under paragraph (1), grants made under paragraph (2),
and funds used for administrative expenses for such activities
under subsection (i)(2) shall not exceed 65 percent of the
costs of such activities. The non-Federal share of such costs
shall be provided from non-Federal sources, and may be provided
through the provision of in-kind services.
``(g) Relationship to Other Laws.--
``(1) No effect on federal or state law or responsibilities
assigned thereunder.--This section shall not be construed to
alter, modify, or otherwise affect any other provision of
Federal or State law or any responsibility assigned thereunder,
including--
``(A) a provision of law (including a provision of
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or
the New York State Environmental Conservation Law) that
requires, and assigns responsibility for, the
performance of cleanup activities (including response
and removal activities) or other activities affecting
the restoration or conservation of Onondaga Lake; and
``(B) the responsibility assigned under a provision
of law described in subparagraph (A).
``(2) No effect on existing liabilities.--This section
shall not be construed to create or enlarge any liability that
any party may have for natural resource damages under any
provision of law.
``(h) Definitions.--In this section:
``(1) Amended consent judgment.--The term `Amended Consent
Judgment' means the Amended Consent Judgment entered January
20, 1998, in the case of `Atlantic States Legal Foundation v.
The Onondaga County Department of Drainage and Sanitation',
Civil Action No. 88-CV-0066, in the United States District
Court for the Northern District of New York, as amended.
``(2) Onondaga environmental institute.--The term `Onondaga
Environmental Institute' means the not-for-profit corporation
established pursuant to section 401(d)(1) of the Great Lakes
Critical Programs Act of 1990 (Public Law 101-596; 104 Stat.
3010) and section 411(d)(1) of the Water Resources Development
Act of 1990 (Public Law 101-640; 104 Stat. 4648).
``(3) Onondaga lake.--The term `Onondaga Lake' means
Onondaga Lake, New York, and its watershed.
``(4) Onondaga lake management plan.--The term `Onondaga
Lake Management Plan' means the plan--
``(A) developed pursuant to section 401(a)(1) of
the Great Lakes Critical Programs Act of 1990 (Public
Law 101-596; 104 Stat. 3010) and 411(a)(1) of the Water
Resources Development Act of 1990 (Public Law 101-640;
104 Stat. 4648);
``(B) modified by the Amended Consent Judgment; and
``(C) revised under section 573(c)(1) of the Water
Resources Development Act of 1999 (Public Law 106-53;
113 Stat. 372), as in effect before the date of the
enactment of this Act.
``(i) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Administrator to carry out this section $10,000,000 each
fiscal year. Amounts so appropriated shall remain available
until expended.
``(2) Administrative expenses.--The Administrator may use
amounts appropriated under paragraph (1) for administrative
expenses associated with carrying out this section.''.
(b) Water Resources Development Act of 1999.--Section 573 of the
Water Resources Development Act of 1999 (Public Law 106-53; 113 Stat.
372) is repealed. Such section 573, as in effect on the day before the
date of the enactment of this Act, shall continue to apply to amounts
appropriated before such date and made available to carry out such
section. | Onondaga Lake Restoration Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Administrator of the Environmental Protection Agency (EPA) to establish the Onondaga Lake Watershed Council to: (1) develop and periodically revise an Adaptive Management Plan for the restoration, conservation, and management of Onondaga Lake; (2) establish and implement a program for the public's participation in the Plan's development and revision; and (3) establish the Onondaga Lake Scientific Center to advise the Council on development and implementation of the Plan.
Requires the Plan to: (1) identify measurable goals for the restoration, conservation, and management of Onondaga Lake and for compliance with all laws affecting the restoration and conservation of the Lake and the Amended Consent Judgment entered January 20, 1998, in the case of Atlantic States Legal Foundation v. The Onondaga County Department of Drainage and Sanitation; and (2) incorporate and update the recommendations of the Onondaga Lake Management Plan to recommend strategies for management of the biological makeup of the Lake, the physical development of the Lake and its surroundings, and the use of the Lake for recreational and other purposes. Prohibits the Plan's recommendations from being carried out before it is approved by the Administrator and the governor of New York.
States that this Act shall not affect any other provision of federal or state law or responsibility assigned thereunder, including provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the New York State Environmental Conservation Law that require, and assign responsibility for, the performance of cleanup activities or other activities affecting the restoration or conservation of Onondaga Lake.
Authorizes the Administrator to make funds available to members of the Council and the Center to carry out this Act. Authorizes the Administrator to make grants to specified governmental officials in New York and members of the Center: (1) to implement Plan strategies; (2) for research, surveys, administrative services, and studies; and (3) to gather data.
Amends the Water Resources Development Act of 1999 to revoke provisions that require the Secretary of the Army to plan and construct projects that are consistent with the Onondaga Lake Management Plan and to provide financial assistance for the development and implementation of projects to restore, conserve, and manage the lake. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to carry out activities for the restoration, conservation, and management of Onondaga Lake, New York, and for other purposes."} | 3,287 | 499 | 0.721216 | 2.134694 | 0.810863 | 3.582022 | 6.519101 | 0.934831 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Worker Safety Act''.
SEC. 2. REVIEW OF STATE OCCUPATIONAL SAFETY AND HEALTH PLANS.
Section 18 of the Occupational Safety and Health Act (29 U.S.C.
668) is amended--
(1) by amending subsection (f) to read as follows:
``(f)(1) The Secretary shall, on the basis of reports submitted by
the State agency and the Secretary's own inspections, make a continuing
evaluation of the manner in which each State that has a plan approved
under this section is carrying out such plan. Such evaluation shall
include an assessment of whether the State continues to meet the
requirements of subsection (c) of this section and any other criteria
or indices of effectiveness specified by the Secretary in regulations.
Whenever the Secretary finds, on the basis of such evaluation, that in
the administration of the State plan there is a failure to comply
substantially with any provision of the State plan (or any assurance
contained therein), the Secretary shall make an initial determination
of whether the failure is of such a nature that the plan should be
withdrawn or whether the failure is of such a nature that the State
should be given the opportunity to remedy the deficiencies, and provide
notice of the Secretary's findings and initial determination.
``(2) If the Secretary makes an initial determination to reassert
and exercise concurrent enforcement authority while the State is given
an opportunity to remedy the deficiencies, the Secretary shall afford
the State an opportunity for a public hearing within 15 days of such
request, provided that such request is made not later than 10 days
after Secretary's notice to the State. The Secretary shall review and
consider the testimony, evidence, or written comments, and not later
than 30 days following such hearing, make a determination to affirm,
reverse, or modify the Secretary's initial determination to reassert
and exercise concurrent enforcement authority under sections 8, 9, 10,
13, and 17 with respect to standards promulgated under section 6 and
obligations under section 5(a). Following such a determination by the
Secretary, or in the event that the State does not request a hearing
within the time frame set forth in this paragraph, the Secretary may
reassert and exercise such concurrent enforcement authority, while a
final determination is pending under paragraph (3) or until the
Secretary has determined that the State has remedied the deficiencies
as provided under paragraph (4). Such determination shall be published
in the Federal Register. The procedures set forth in section 18(g)
shall not apply to a determination by the Secretary to reassert and
exercise such concurrent enforcement authority.
``(3) If the Secretary makes an initial determination that the plan
should be withdrawn, the Secretary shall provide due notice and the
opportunity for a hearing. If based on the evaluation, comments, and
evidence, the Secretary makes a final determination that there is a
failure to comply substantially with any provision of the State plan
(or any assurance contained therein), he shall notify the State agency
of the withdrawal of approval of such plan and upon receipt of such
notice such plan shall cease to be in effect, but the State may retain
jurisdiction in any case commenced before the withdrawal of the plan in
order to enforce standards under the plan whenever the issues involved
do not relate to the reasons for the withdrawal of the plan.
``(4) If the Secretary makes a determination that the State should
be provided the opportunity to remedy the deficiencies, the Secretary
shall provide the State an opportunity to respond to the Secretary's
findings and the opportunity to remedy such deficiencies within a time
period established by the Secretary, not to exceed 1 year. The
Secretary may extend and revise the time period to remedy such
deficiencies, if the State's legislature is not in session during this
1 year time period, or if the State demonstrates that it is not
feasible to correct the deficiencies in the time period set by the
Secretary, and the State has a plan to correct the deficiencies within
a reasonable time period. If the Secretary finds that the State agency
has failed to remedy such deficiencies within the time period specified
by the Secretary and that the State plan continues to fail to comply
substantially with a provision of the State plan, the Secretary shall
withdraw the State plan as provided for in paragraph (3).''; and
(2) by adding at the end the following new subsection:
``(i) Not later than 18 months after the date of enactment of this
subsection, and every 5 years thereafter, the Comptroller General shall
complete and issue a review of the effectiveness of State plans to
develop and enforce safety and health standards to determine if they
are at least as effective as the Federal program and to evaluate
whether the Secretary's oversight of State plans is effective. The
Comptroller General's evaluation shall assess--
``(1) the effectiveness of the Secretary's oversight of
State plans, including the indices of effectiveness used by the
Secretary;
``(2) whether the Secretary's investigations in response to
Complaints About State Plan Administration (CASPA) are
adequate, whether significant policy issues have been
identified by headquarters and corrective actions are fully
implemented by each State;
``(3) whether the formula for the distribution of funds
described in section 23(g) to State programs is fair and
adequate;
``(4) whether State plans are as effective as the Federal
program in preventing occupational injuries, illnesses and
deaths, and investigating discrimination complaints, through an
evaluation of at least 20 percent of approved State plans, and
which shall cover--
``(A) enforcement effectiveness, including handling
of fatalities, serious incidents and complaints,
compliance with inspection procedures, hazard
recognition, verification of abatement, violation
classification, citation and penalty issuance,
including appropriate use of willful and repeat
citations, and employee involvement;
``(B) inspections, the number of programmed health
and safety inspections at private and public sector
establishments, and whether the State targets the
highest hazard private sector work sites and facilities
in that State;
``(C) budget and staffing, including whether the
State is providing adequate budget resources to hire,
train and retain sufficient numbers of qualified staff,
including timely filling of vacancies;
``(D) administrative review, including the quality
of decisions, consistency with Federal precedence,
transparency of proceedings, decisions and records are
available to the public, adequacy of State defense, and
whether the State appropriately appeals adverse
decisions;
``(E) antidiscrimination, including whether
discrimination complaints are processed in a timely
manner, whether supervisors and investigators are
properly trained to investigate discrimination
complaints, whether a case file review indicates merit
cases are properly identified consistent with Federal
policy and procedure, whether employees are notified of
their rights, and whether there is an effective process
for employees to appeal the dismissal of a complaint;
``(F) program administration, including whether the
State's standards and policies are at least as
effective as the Federal program and are updated in a
timely manner, and whether National Emphasis Programs
that are applicable in such States are adopted and
implemented in a manner that is at least as effective
as the Federal program;
``(G) whether the State plan satisfies the
requirements for approval set forth in this section and
its implementing regulations; and
``(H) other such factors identified by the
Comptroller General, or as requested by the Committee
on Education and Labor of the House of Representatives
or the Committee on Health, Education, Labor, and
Pensions of the Senate.''. | Ensuring Worker Safety Act - Amends the Occupational Safety and Health Act to revise requirements for the Secretary of Labor's continuing evaluation of approved state occupational safety and health plans.
Requires: (1) the review of state plans to include an assessment of whether a state continues to meet certain conditions for the approval of such plans; and (2) the Secretary to determine whether a state that fails to comply substantially with the provisions of a plan should be given the opportunity to remedy such deficiencies. Prescribes general requirements for the provision to a state of such an opportunity.
Requires the Comptroller General periodically to review and assess: (1) whether state plans to develop and enforce safety and health standards are at least as effective as federal occupational safety and health (OSHA) program standards in preventing occupational injuries, illnesses and deaths, and investigating discrimination complaints; (2) the effectiveness of the Secretary's oversight of such plans; and (3) the adequacy of the Secretary's investigations in response to Complaints About State Plan Administration (CASPA) as well as whether policy issues have been identified and corrective actions fully implemented by each state. | {"src": "billsum_train", "title": "To require a heightened review process by the Secretary of Labor of State occupational safety and health plans, and for other purposes."} | 1,612 | 246 | 0.607899 | 1.70997 | 0.852404 | 3.637615 | 7.284404 | 0.940367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Port of Entry Personnel
and Infrastructure Funding Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Northern border.--The term ``Northern border'' means
the international border between the United States and Canada.
(2) Southern border.--The term ``Southern border'' means
the international border between the United States and Mexico.
SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Staff Enhancements.--
(1) Revisions to fiscal year allocations and funding.--
Title II of the Department of Homeland Security Appropriations
Act, 2010 (Public Law 111-83), is amended by inserting
``Provided further, That of the total amount provided,
$40,000,000 shall be used to pay the salaries and related
compensation for 250 additional Customs and Border Protection
officers and 25 associated support staff personnel, who shall
be devoted to new inspection lanes at new land ports of entry
on the Southwest border'' before the period at the end of the
first paragraph.
(2) New personnel.--In addition to positions authorized
before the date of the enactment of this Act and any existing
officer vacancies within United States Customs and Border
Protection on such date, the Secretary of Homeland Security
shall hire, train, and assign to duty, not later than September
30, 2013--
(A) 2,500 full-time Customs and Border Protection
officers to serve on all inspection lanes (primary,
secondary, incoming, and outgoing) and enforcement
teams at United States land ports of entry on the
Northern border;
(B) 2,500 full-time Customs and Border Protection
officers to serve on all inspection lanes (primary,
secondary, incoming, and outgoing) and enforcement
teams at United States land ports of entry on the
Southern border; and
(C) 350 full-time support staff for all United
States ports of entry.
(b) Waiver of FTE Limitation.--The Secretary of Homeland Security
may waive any limitation on the number of full-time equivalent
personnel assigned to the Department of Homeland Security in order to
fulfill the requirements under subsection (a).
(c) Report to Congress.--
(1) Outbound inspections.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall submit a report containing the Department of
Homeland Security's plans for ensuring the placement of
sufficient United States Customs and Border Protection officers
on outbound inspections at all Southern border land ports of
entry to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on the Judiciary of the House of
Representatives;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(D) the Committee on Homeland Security of the House
of Representatives.
(2) Agricultural specialists.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Secretary of
Agriculture, shall submit a report to the committees set forth
in paragraph (1) that contains plans for ensuring the placement
of sufficient agriculture specialists at all Southern border
land ports of entry.
(d) Retention Incentives and Salaries.--
(1) In general.--The Secretary of Homeland Security shall
ensure that the requirements under this subsection are met.
(2) Recruitment and retention payments.--The Secretary may
make incentive payments of $5,000 to $10,000, during the 6-year
period beginning on October 1, 2009, to the extent necessary to
recruit and retain qualified United States Customs and Border
Protection port of entry officers.
(3) Special rules for incentive payments.--
(A) Recruitment incentives.--Each recruitment
incentive payment made under this subsection shall be
paid to each new employee, in a lump sum, after the
employee has entered on duty and completed 6 months of
service.
(B) Retention incentives.--Each retention incentive
payment--
(i) shall be paid to an employee, in a lump
sum, at the end of the fiscal year in which the
qualified employee is selected by the
Secretary, or a delegate of the Secretary, for
receipt of such payment;
(ii) shall not be limited solely to work
performance, but may be based on criteria such
as--
(I) comparative salaries for law
enforcement officers in other Federal
agencies;
(II) costs for replacement and
training of a new employee; and
(III) volume of work at the port of
entry;
(iii) shall be contingent upon the selected
employee signing an agreement, under penalty of
perjury, to remain in Federal service as a
United States Customs and Border Protection
officer serving at a land port of entry for at
least 3 years; and
(iv) shall be subject to reimbursement if
the employee fails to complete the required 3
years of Federal service due to voluntary or
involuntary separation from service.
(C) Limitations.--
(i) Fiscal year 2010.--In fiscal year 2010,
the Secretary may not make more than 1,500
incentives payments under this subsection.
(ii) Fiscal year 2011 through 2015.--In
each of the fiscal years 2011 through 2015, the
Secretary may not make more than 500 incentive
payments under this subsection.
(iii) Eligibility.--Any individual
receiving an incentive payment in a given
fiscal year shall not be eligible to receive
another incentive payment until the individual
completes at least 2 years of service with the
Department of Homeland Security after receiving
the payment.
SEC. 4. SECURE COMMUNICATION; EQUIPMENT; AND GRANTS FOR BORDER
PERSONNEL.
(a) Secure Communication.--The Secretary of Homeland Security shall
ensure that each United States Customs and Border Protection officer is
equipped with a secure 2-way communication and satellite-enabled
device, supported by system interoperability, that allows such officers
to communicate between ports of entry and inspection stations, and with
other Federal, State, local, and tribal law enforcement entities.
(b) Border Area Security Initiative Grant Program.--The Secretary
of Homeland Security shall establish a program for awarding grants for
the purchase of detection equipment at land ports of entry and mobile,
hand-held, 2-way communication and biometric devices for State and
local law enforcement officers serving on the Southern border.
SEC. 5. INFRASTRUCTURE IMPROVEMENTS AND EXPANSION OF TEXAS LAND PORTS
OF ENTRY.
(a) Amendments to American Recovery and Reinvestment Act of 2009.--
Title VI of the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5), under the heading entitled ``Construction'' is amended--
(1) by striking ``U.S. Customs and Border Protection
owned''; and
(2) by inserting ``Provided further, That $100,000,000
shall be used for infrastructure improvements, expansion, and
new construction (or reimbursement for new construction costs
incurred during fiscal years 2007 through 2009) of high-volume
ports of entry in Texas, regardless of port ownership'' before
the period at the end.
(b) Effective Date.--The amendments made under subsection (a) shall
take effect as if included in the American Recovery and Reinvestment
Act of 2009, as of the date of the enactment of such Act.
SEC. 6. ADDITIONAL AUTHORITIES FOR PORT OF ENTRY CONSTRUCTION.
(a) In General.--In order to aid in the enforcement of Federal
customs, immigration, and agriculture laws, the Customs and Border
Protection Commissioner may--
(1) design, construct, and modify land ports of entry and
other structures and facilities, including living quarters for
officers, agents, and personnel;
(2) acquire, by purchase, donation, exchange or otherwise,
land or any interest in land determined to be necessary to
carry out the Commissioner's duties under this section; and
(3) construct additional ports of entry along the Southern
border and the Northern border.
(b) Consultation.--
(1) Locations for new ports of entry.--The Secretary of
Homeland Security is encouraged to consult with the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
State, the International Boundary and Water Commission, the
International Joint Commission, and appropriate representatives
of States, local governments, Indian tribes, and property
owners to--
(A) determine locations for new ports of entry; and
(B) minimize adverse impacts from such ports on the
environment, historic and cultural resources, commerce,
and quality of life for the communities and residents
located near such ports.
(2) Savings provision.--Nothing in this subsection may be
construed to--
(A) create any right or liability of the parties
described in paragraph (1);
(B) affect the legality and validity of any
determination under this Act by the Secretary; or
(C) affect any consultation requirement under any
other law.
SEC. 7. AUTHORITY TO ACQUIRE LEASEHOLDS.
Notwithstanding any other provision of law, the Secretary of
Homeland Security may acquire a leasehold interest in real property,
and may construct or modify any facility on the leased property, if the
Secretary determines that the acquisition of such interest, and such
construction or modification, are necessary to facilitate the
implementation of this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated, to carry out this Act
during the 6-year period beginning on October 1, 2009, $6,000,000,000,
of which--
(1) $55,000,000 shall be used for incentive payments
authorized under section 3(d); and
(2) $30,000,000 shall be used for Border Area Security
Grants authorized under section 4(b). | Emergency Port of Entry Personnel and Infrastructure Funding Act of 2009 - Amends the Department of Homeland Security Appropriations Act, 2010 to allocate certain FY2010 appropriations to the U.S. Customs and Border Protection (CBP) to pay the salaries and related compensation for an additional 250 CBP officers and 25 associated support personnel who shall be devoted to new inspection lanes at new land ports of entry along the Southern border between the United States and Mexico.
Directs the Secretary of Homeland Security (DHS) to hire, train, and assign to duty, by the end of FY2013, an additional: (1) 2,500 full-time CBP officers to serve on all inspection lanes and enforcement teams at U.S. lands ports of entry on the Northern border between the United States and Canada and the same number of CBP officers for the same purposes on the Southern border; and (2) 350 full-time support staff for all U.S. ports of entry.
Directs the Secretary to report to specified congressional committees on DHS plans for placing sufficient CBP officers on outbound inspections and agriculture specialists at all Southern border land ports of entry, respectively.
Authorizes the Secretary to make incentive payments of $5,000 to $10,000, during FY2010-FY2015, to recruit and retain qualified CBP port of entry officers.
Directs the Secretary to: (1) equip each CBP officer with a secure two-way communication and satellite-enabled device that allows communication between ports of entry and inspection stations, and with federal, state, local, and tribal law enforcement entities; and (2) establish a grant program for the purchase of detection equipment at land ports of entry and mobile, hand-held, two-way communication and biometric devices for state and local law enforcement officers along the Southern border.
Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to allocate certain construction funds for infrastructure improvements, expansion, and new construction (or reimbursement for new construction costs incurred during FY2007-FY2009) of high-volume ports of entry in Texas, regardless of port ownership.
Grants the CBP additional authority for port of entry construction along the Northern and Southern U.S. borders. | {"src": "billsum_train", "title": "A bill to provide additional resources and funding for construction and infrastructure improvements at United States land ports of entry, to open additional inspection lanes, to hire more inspectors, and to provide recruitment and retention incentives for United States Customs and Border Protection officers who serve on the Southern Border."} | 2,102 | 462 | 0.649811 | 2.088967 | 0.834762 | 5.107056 | 4.785888 | 0.902676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Welfare Prevention Act,
Part II''.
SEC. 2. TREATMENT OF PRISONERS UNDER TITLES II AND XVI OF THE SOCIAL
SECURITY ACT.
(a) Implementation of Prohibition Against Payment of Title II
Benefits to Prisoners.--
(1) In general.--Section 202(x)(3) of the Social Security
Act (42 U.S.C. 402(x)(3)) is amended--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new
subparagraph:
``(B)(i) The Commissioner shall enter into an agreement, with any
interested State or local institution comprising a jail, prison, penal
institution, correctional facility, or other institution a purpose of
which is to confine individuals as described in paragraph (1)(A), under
which--
``(I) the institution shall provide to the Commissioner, on
a monthly basis and in a manner specified by the Commissioner,
the names, social security account numbers, dates of birth,
confinement commencement dates, and, to the extent available to
the institution, such other identifying information concerning
the individuals confined in the institution as the Commissioner
may require for the purpose of carrying out paragraph (1); and
``(II) except as provided in clause (ii), the Commissioner
shall pay to the institution, with respect to information
described in subclause (I) concerning each individual who is
confined therein as described in paragraph (1)(A), to whom a
benefit under this title is payable for the month preceding the
first month of such confinement, and whose benefit under this
title ceases to be payable as a result of the application of
this subsection, $400 (subject to reduction under clause (iii))
if the institution furnishes the information to the
Commissioner within 30 days after the date such individual's
confinement in such institution begins, or $200 (subject to
reduction under clause (iii)) if the institution furnishes the
information after 30 days after such date but within 90 days
after such date.
``(ii) No amount shall be payable to an institution with respect to
information concerning an individual under an agreement entered into
under clause (i) if, prior to the Commissioner's receipt of the
information, the Commissioner has determined that benefits under this
title are no longer payable to such individual as a result of the
application of this subsection.
``(iii) The dollar amounts specified in clause (i)(II) shall be
reduced by 50 percent if the Commissioner is also required to make a
payment to the institution with respect to the same individual under an
agreement entered into under section 1611(e)(1)(I).
``(iv) There shall be transferred from the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund, as appropriate, such sums as may be necessary to enable the
Commissioner to make payments to institutions required by clause
(i)(II). Sums so transferred shall be treated as direct spending for
purposes of the Balanced Budget and Emergency Deficit Control Act of
1985 and excluded from budget totals in accordance with section 13301
of the Budget Enforcement Act of 1990.
``(v) The Commissioner is authorized to provide, on a reimbursable
basis, information obtained pursuant to agreements entered into under
clause (i) to any Federal or federally-assisted cash, food, or medical
assistance program for eligibility purposes.''.
(2) Effective date.--The amendments made by this subsection
shall apply to individuals whose period of confinement in an
institution commences on or after the first day of the fourth
month beginning after the month in which this Act is enacted.
(b) Elimination of Title II Requirement That Confinement Stem From
Crime Punishable by Imprisonment for More Than 1 Year.--
(1) In general.--Section 202(x)(1)(A) of such Act (42
U.S.C. 402(x)(1)(A)) is amended--
(A) in the matter preceding clause (i), by striking
``during'' and inserting ``throughout'';
(B) in clause (i), by striking ``an offense
punishable by imprisonment for more than 1 year
(regardless of the actual sentence imposed)'' and
inserting ``a criminal offense''; and
(C) in clause (ii)(I), by striking ``an offense
punishable by imprisonment for more than 1 year'' and
inserting ``a criminal offense''.
(2) Effective date.--The amendments made by this subsection
shall apply to individuals whose period of confinement in an
institution commences on or after the first day of the fourth
month beginning after the month in which this Act is enacted.
(c) Inclusion of Title II Issues in Study and Report Requirements
Relating to Prisoners.--
(1) Section 203(b)(1) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (Public Law 104-
193) is amended--
(A) in subparagraph (A), by striking ``section
1611(e)(1)'' and inserting ``sections 202(x) and
1611(e)(1)''; and
(B) in subparagraph (B), by striking ``section
1611(e)(1)(I)'' and inserting ``section 202(x)(3)(B) or
1611(e)(1)(I)''.
(2) Section 203(c) of such Act is amended by striking
``section 1611(e)(1)(I)'' and all that follows and inserting
the following: ``sections 202(x)(3)(B) and 1611(e)(1)(I) of the
Social Security Act.''.
(3) The amendments made by paragraph (1) shall apply as if
included in the enactment of section 203(b) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(Public Law 104-193). The amendment made by paragraph (2) shall
apply as if included in the enactment of section 203(c) of such
Act.
(d) Conforming Title XVI Amendments.--
(1) Preclusion of title xvi payment when information
furnished by an institution is already known by the
commissioner.--Section 1611(e)(1)(I) of the Social Security Act
(as added by section 203(a)(1) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (Public Law
104-193)) is amended--
(A) in clause (i)(II), by inserting ``except as
provided in clause (ii),'' after ``(II)'';
(B) by redesignating clauses (ii) and (iii) as
clauses (iv) and (v), respectively; and
(C) by inserting after clause (i) the following new
clause:
``(ii) No amount shall be payable to an institution with respect to
information concerning an inmate under an agreement entered into under
clause (i) if, prior to the Commissioner's receipt of the information,
the Commissioner has determined that the inmate is no longer an
eligible individual or eligible spouse for purposes of this title as a
result of the application of this paragraph.''.
(2) Fifty percent reduction in title xvi payment in case
involving comparable title ii payment.--Section 1611(e)(1)(I)
of such Act (as amended by paragraph (1)) is amended further--
(A) in clause (i)(II), by inserting ``(subject to
reduction under clause (iii))'' after ``$400'' and
after ``$200''; and
(B) by inserting after clause (ii) the following
new clause:
``(iii) The dollar amounts specified in clause (i)(II) shall be
reduced by 50 percent if the Commissioner is also required to make a
payment to the institution with respect to the same individual under an
agreement entered into under section 202(x)(3)(B).''.
(3) Expansion of categories of institutions eligible to
enter into agreements with the commissioner.--Section
1611(e)(1)(I)(i) of such Act (as added by section 203(a)(1) of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (Public Law 104-193)) is amended in the matter
preceding subclause (I) by striking ``institution'' and all
that follows through ``section 202(x)(1)(A),'' and inserting
``institution comprising a jail, prison, penal institution, or
correctional facility, or with any other interested State or
local institution a purpose of which is to confine individuals
as described in section 202(x)(1)(A)(ii),''.
(4) Limitation on categories of inmates with respect to
whom payment may be made.--Section 1611(e)(1)(I)(i)(II) of such
Act (as added by section 203(a)(1) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(Public Law 104-193)) is amended by striking ``inmate of the
institution'' and all that follows through ``in such
institution and'' and inserting ``individual who is eligible
for a benefit under this title for the month preceding the
first month throughout which the individual is an inmate of the
jail, prison, penal institution, or correctional facility, or
is confined in the institution as described in section
202(x)(1)(A)(ii), and who''.
(5) Technical correction.--Section 1611(e)(1)(I)(i)(II) of
such Act (as amended by the preceding provisions of this
subsection) is amended further by striking ``subparagraph'' and
inserting ``paragraph''.
(6) Effective date.--The amendments made by this subsection
shall apply as if included in the enactment of section 203(a)
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193). The references
to section 202(x)(1)(A)(ii) of the Social Security Act in
section 1611(e)(1)(I)(i) of such Act as amended by paragraphs
(3) and (4) shall be deemed a reference to such section
202(x)(1)(A)(ii) as amended by subsection (b)(1)(C).
(e) Exemption From Computer Matching Requirements.--
(1) In general.--Section 552a(a)(8)(B) of title 5, United
States Code, is amended--
(A) by striking ``or'' at the end of clause (vi);
and
(B) by inserting after clause (vii) the following
new clauses:
``(viii) matches performed pursuant to
section 202(x) or 1611(e)(1) of the Social
Security Act; or
``(ix) matches performed pursuant to
section 205(j)(1)(A), 205(j)(5),
1631(a)(2)(A)(ii), 1631(a)(2)(A)(iii), or
1631(a)(2)(E) of the Social Security Act;''.
(2) Conforming amendment.--Section 1611(e)(1)(I)(iv) of the
Social Security Act (as added by section 203(a)(1) of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193) and redesignated by subsection
(d)(1)(B)) is amended further by striking ``(I) The
provisions'' and all that follows through ``(II) The
Commissioner'' and inserting ``The Commissioner''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act. | Criminal Welfare Prevention Act, Part II - Amends the Social Security Act (SSA) to require the Commissioner of Social Security to enter into an agreement with a State or local jail or correctional facility under which the facility shall report monthly the name and social security number of any inmate who has received a benefit check under SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) despite being prohibited under other existing SSA law because of confinement in a correctional institution. Requires the Commissioner to pay any complying institution: (1) $400 if it furnishes the information within 30 days; or (2) $200 if it does so within 90 days. | {"src": "billsum_train", "title": "Criminal Welfare Prevention Act, Part II"} | 2,712 | 150 | 0.594598 | 1.708868 | 0.684339 | 1.746154 | 17.069231 | 0.838462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``GI Educational Freedom Act of
2012''.
SEC. 2. REQUIREMENT FOR PROVISION OF EDUCATIONAL COUNSELING TO
INDIVIDUALS BEFORE SUCH INDIVIDUALS RECEIVE EDUCATIONAL
ASSISTANCE PROVIDED UNDER LAWS ADMINISTERED BY SECRETARY
OF VETERANS AFFAIRS.
(a) In General.--Section 3697A of title 38, United States Code, is
amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Except as provided in paragraph (2), in the case of an
individual described in subsection (b)(1), the counseling services
described in subsection (a) shall be required to be provided to the
individual before the individual receives the educational assistance
described in such subsection.
``(2) The requirement to provide counseling services under
paragraph (1) shall not apply with respect to an individual described
in such paragraph who communicates to the Secretary, before receiving
educational assistance described in such paragraph, that the individual
declines the counseling services provided under such paragraph.
``(3) For each individual to whom the Secretary provides counseling
services under paragraph (1), the Secretary shall provide to the
individual, as part of such services and to the degree that information
necessary to carry out this paragraph is available to the Secretary,
the following:
``(A) An explanation of the different types of
accreditation and State certification and licensure available
to educational institutions and programs of education and a
discussion of how such accreditation, certification, and
licensure can be important for meeting preconditions of
employment.
``(B) A discussion of how the various policies of
educational institutions regarding the transfer of academic
credit can affect the individual and what kinds of issues are
commonly encountered by students trying to transfer academic
credit.
``(C) An overview of Federal student aid programs, the
implications of incurring student loan debt, and discussion of
how receipt of Federal student aid can enable a student to
complete a program of education without incurring significant
educational debt.
``(D) A comprehensive assessment of the type and amount of
educational assistance available to the individual under
Federal law and under the laws of the State in which the
individual resides and of any other State of the individual's
choosing.
``(E) If the individual has not developed an academic plan,
a discussion about the importance of developing an academic
plan.
``(F) A comprehensive list of educational institutions
located in the State in which the individual resides and in any
other State of the individual's choosing.
``(G) For each educational institution listed under
subparagraph (F), the following information, if available, in a
format that allows for easy comparison of educational
institutions:
``(i) Whether financial assistance is available to
a student enrolled in a program of education at the
educational institution under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).
``(ii) The number of veterans enrolled in a program
of education at the educational institution who
received educational assistance under a law
administered by the Secretary in the most recently
completed academic year.
``(iii) A list of--
``(I) academic and student support services
provided by the educational institution to
students enrolled in programs of education at
the educational institution, including job
placement and career counseling services; and
``(II) special services or benefits
currently provided by the educational
institution that address the unique needs of
veterans.
``(iv) With respect to the three-year period ending
at the end of the most recently completed academic
year, the median amount of student loan debt held upon
completion of a program of education at the educational
institution by veterans described in clause (ii).
``(v) The cohort default rate, as defined in
section 435(m) of the Higher Education Act of 1965 (20
U.S.C. 1085(m)), of the educational institution.
``(vi) With respect to the three-year period ending
at the end of the most recently completed academic
year--
``(I) the average number of veterans who
received a degree from the educational
institution for completing a program of
education;
``(II) the average number of people who
received a degree from the educational
institution for completing a program of
education;
``(III) the average number of veterans
enrolled in programs of education at the
educational institution; and
``(IV) the average number of people
enrolled in programs of education at the
educational institution.
``(vii) In the case of an educational institution
that offers a program of education designed to prepare
people for a State licensure exam, the percentage of
such students who take and pass such exam.
``(viii) For each program of education at the
educational institution, the average amount of tuition
and fees the educational institution charges a student
for completing the program of education within normal
time (as defined in section 668.41(a) of title 34, Code
of Federal Regulations (or any corresponding similar
regulation or ruling)), the typical costs for books and
supplies (unless those costs are included as part of
tuition and fees), and the cost of room and board, if
applicable, and a calculation of how much of such costs
can be covered by educational assistance available to
the individual under laws administered by the
Secretary.
``(ix) A description of the status of the
accreditation of the educational institution and each
program of education offered by the educational
institution and a discussion of the significance of
such status.
``(x) The median, for all veterans described in
subsection (b)(1) who complete a program of education
at the education institution that is an eligible
program of training to prepare students for gainful
employment in a recognized occupation (as described in
section 102(b)(1)(A)(i) of the Higher Education Act of
1965 (20 U.S.C. 1002(b)(1)(A)(i))), of the duration of
each period beginning on the date on which a veteran
completes a program of education at the educational
institution and the date on which the veteran first
obtains employment after completing such program.
``(xi) The median, for all people who complete a
program of education at the education institution that
is an eligible program of training to prepare students
for gainful employment in a recognized occupation (as
described in section 102(b)(1)(A)(i) of the Higher
Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)(i))), of
the duration of each period beginning on the date on
which a person completes a program of education at the
educational institution and the date on which the
person first obtains employment after completing such
program.
``(xii) The percentages of veterans and the
percentages of people enrolled in programs of education
at the educational institution who obtain a degree or
certificate within--
``(I) the normal time for completion of, or
graduate from, the veteran's or person's
program, as the case may be;
``(II) 150 percent of the normal time for
completion of, or graduation from, the
veteran's or person's program, as the case may
be; and
``(III) 200 percent of the normal time for
completion of, or graduation from, the
veteran's or person's program, as the case may
be.
``(xiii) The number of students enrolled in a
program of education at the educational institution and
the number of such students who submit a complaint to
the Secretary under section 3693A(a) of this title.
``(xiv) Whether the educational institution has
been reported by a Federal or State agency or a
nationally or regionally recognized accrediting agency
or association as failing to comply with, or has a
significant risk of failing to comply with, a provision
of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).
``(xv) A description of the topics or subjects of
the most numerous complaints filed during the most
recent three-year period under section 3693A of this
title with respect to the educational institution.
``(xvi) With respect to each of clauses (i) through
(xiv), how the educational institution compares with
other educational institutions as follows:
``(I) If the educational institution is a
four-year educational institution, how the
educational institution compares with the
average of all four-year educational
institutions.
``(II) If the educational institution is a
two-year educational institution, how the
educational institution compares with the
average of all two-year educational
institutions.
``(III) If the educational institution is a
less than two-year educational institution, how
the educational institution compares with the
average of all less than two-year educational
institutions.
``(xvii) Such other information as the Secretary
considers appropriate to assist the individual in
selecting an educational institution or training
establishment as described in subsection (a)(1).
``(4) The Secretary may obtain such information as the Secretary
requires to carry paragraph (3) from the Secretary of Education, the
Secretary of Defense, and the heads of such other Federal agencies as
the Secretary considers appropriate.
``(5) The Secretary shall make available to the public on an
Internet website such information provided under paragraph (3) as the
Secretary considers appropriate.
``(6) Making information available under paragraphs (3) and (5)
shall not be required in a case in which the number of students in a
category is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about a
student.''.
(b) Effective Date.--Subsection (a) shall take effect on the date
that is one year after the date of the enactment of this Act and
subsection (c) of section 3697A of such title, as added by such
subsection, shall apply with respect to individuals who apply for
educational assistance described in subsection (b)(1) of such section
on or after such date.
SEC. 3. REPEAL OF LIMITATION ON PAYMENTS FOR CONTRACT EDUCATIONAL AND
VOCATIONAL COUNSELING PROVIDED BY SECRETARY OF VETERANS
AFFAIRS.
Section 3697 of title 38, United States Code, is amended--
(1) by striking subsection (b); and
(2) in subsection (a), by striking ``(a) Subject to
subsection (b) of this section, educational'' and inserting
``Educational''.
SEC. 4. VETERANS' EDUCATION CONSUMER COMPLAINT TRACKING SYSTEM.
(a) In General.--Chapter 36 of title 38, United States Code, is
amended by inserting after section 3693 the following new section:
``Sec. 3693A. Complaint tracking system
``(a) Establishment.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall establish a system to
collect, process, and track complaints submitted to the Secretary by
individuals who are enrolled in programs of education at educational
institutions to report instances of fraud, waste, and abuse by such
institutions with respect to the benefits and services provided by such
institutions to such individuals.
``(b) Requirements.--This system established under subsection (a)
shall meet the following requirements:
``(1) The system shall create an individual case number for
each complaint processed and tracked in the system.
``(2) The system shall allow for the reporting of
complaints, disaggregated by educational institution.
``(3) The system shall allow for the reporting of
complaints, disaggregated by topic or subject matter.
``(4) The system shall allow for the submittal of
complaints by--
``(A) Internet website; and
``(B) telephone via a toll-free number that is
available every day at all hours.
``(5) The system shall allow for the sharing of complaints
with the following:
``(A) The educational institutions that are the
subjects of the complaints.
``(B) The Secretary of Education.
``(C) The Secretary of Defense.
``(D) State approving agencies.
``(E) Nationally or regionally recognized
accrediting agencies and associations.
``(F) Such other Federal agencies as the Secretary
of Veterans Affairs considers appropriate.
``(c) Outreach.--The Secretary shall conduct such outreach as may
be necessary to inform individuals described in subsection (a) of the
system and process established under such subsection.
``(d) Consideration by State Approving Agencies.--Whenever a State
approving agency considers whether to approve a course of education of
an educational institution under this chapter, the State approving
agency shall review and take into consideration the complaints
processed and tracked by the system established under subsection (a)
regarding the educational institution.
``(e) Privacy.--(1) Whenever a complaint is shared under subsection
(b)(5), the complaint shall be anonymized, unless the complainant gives
permission to the Secretary to share the complainant's identity.
``(2) The Secretary may not share a complaint under subsection
(b)(5) with an educational institution if the complainant requests that
such complaint not be shared with an educational institution.''.
(b) 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 3693 the following new item:
``3693A. Complaint tracking system.''. | GI Educational Freedom Act of 2012 - Requires any individual eligible for veterans' educational assistance through the Department of Veterans Affairs (VA) to be provided educational and vocational counseling services before the receipt of such educational assistance, unless the individual specifically declines such counseling. Outlines information to be included in such counseling. Directs the Secretary of Veterans Affairs to make such information available to the public.
Repeals the $6 million fiscal year limit for VA contracting for such counseling services.
Directs the Secretary to establish a system to collect, process, and track complaints submitted by individuals enrolled in VA programs of education to report instances of fraud, waste, and abuse with respect to benefits and services provided by educational institutions. Requires a state approving agency, when considering whether to approve a course of education at an educational institution, to review and take into consideration the complaints processed and tracked by such system. Provides for the confidentiality of such complaints. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide educational counseling to individuals eligible for educational assistance under laws administered by the Secretary before such individuals receive such assistance, and for other purposes."} | 2,987 | 200 | 0.502356 | 1.364748 | 0.75205 | 3.128492 | 15.96648 | 0.905028 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Insurance Accountability
Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Holocaust, an event in which millions of people
endured enormous suffering through torture and other violence,
including the murder of 6,000,000 Jews and millions of others,
the destruction of families and communities, and the theft of
their assets, was one of the most heinous crimes in human
history.
(2) Before and during World War II, millions of people
purchased insurance policies to safeguard family assets, plan
for retirement, provide for a dowry, or save for their
children's education.
(3) When Holocaust survivors or heirs of Holocaust victims
presented claims to insurance companies after World War II,
many were rejected because they did not have death certificates
or physical possession of policy documents that had been
confiscated by the Nazis or lost in the devastation of the
Holocaust.
(4) In many instances, insurance company records and
records in government archives are the only proof of the
existence of insurance policies belonging to Holocaust victims.
(5) Holocaust survivors and heirs have been attempting for
decades to persuade insurance companies to settle unpaid
insurance claims.
(6) In 1998, the International Commission on Holocaust Era
Insurance Claims (in this section referred to as ``ICHEIC'')
was established by the National Association of Insurance
Commissioners in cooperation with several European insurance
companies, European regulators, the Government of Israel, and
non-governmental organizations with the promise that it would
expeditiously address the issue of unpaid insurance policies
issued to Holocaust victims.
(7) On July 17, 2000, the United States and Germany signed
an executive agreement in support of the German Foundation
``Remembrance, Responsibility, and the Future'', which
designated ICHEIC to resolve all Holocaust-era insurance
policies issued by German companies and their subsidiaries.
(8) On January 17, 2001, the United States and Austria
signed an executive agreement, which designated ICHEIC to
resolve all Holocaust-era insurance policies issued by Austrian
companies and their subsidiaries.
(9) The ICHEIC process ended in 2007 and companies holding
Holocaust-era insurance policies continue to withhold names of
owners and beneficiaries of thousands of insurance policies
sold to Jewish customers prior to World War II.
(10) Experts estimate that only a small fraction of the
policies estimated to have been sold to Jews living in Europe
at the beginning of World War II have been paid through ICHEIC.
(11) In American Insurance Association, Inc., v. Garamendi,
the United States Supreme Court held that under the supremacy
clause of the Constitution of the United States, executive
agreements and Federal Government policy calling for insurance
claims against German and Austrian companies to be handled
within ICHEIC preempted State laws authorizing State insurance
commissioners to subpoena company records and require
publication of the names of Holocaust era policy holders.
(12) In the Garamendi case, the Supreme Court stated that
Congress, which has the power to regulate international
commerce and prescribe Federal court jurisdiction, had not
addressed disclosure and restitution of insurance policies of
Holocaust victims.
(13) Subsequent court decisions have dismissed survivors'
suits against an Italian insurance company, even though there
is no executive agreement between the United States and Italy.
(14) Congress supports the rights of Holocaust survivors
and the heirs and beneficiaries of Holocaust victims to obtain
information from insurers and to bring legal actions in courts,
wherever jurisdiction requirements are met, to recover unpaid
funds from entities that participated in the theft of family
insurance assets or the affiliates of such entities.
(15) Congress intends for this Act to be interpreted to
allow for State causes of action and disclosure requirement
laws regarding Holocaust-era insurance policies to be valid and
not preempted.
(16) This Act expresses the intent of Congress to deem
valid State laws protecting the rights of Holocaust survivors
and the heirs and beneficiaries of Holocaust victims to obtain
information from insurers and to bring actions in courts of
proper jurisdiction to recover unpaid funds from entities that
participated in the theft of family insurance assets or the
affiliates of such entities.
(17) Insurance payments should be expedited to the victims
of the most heinous crime of the 20th century to ensure that
justice is served.
(18) This Act will enable survivors, heirs, and
beneficiaries to obtain compensation commensurate with the real
monetary value of their losses.
(19) Under the circumstances faced by Holocaust victims and
their families, courts should be open to Holocaust victims and
their families for a reasonable number of years after the
enactment of this Act, without regard to any other statutes of
limitation.
SEC. 3. VALIDITY OF STATE LAWS.
(a) Validity of Laws Creating Cause of Action.--Any State law
creating a cause of action against any insurer or related company based
on a claim arising out of or related to a covered policy shall not be
invalid or preempted by reason of any executive agreement between the
United States and any foreign country.
(b) Validity of Laws Requiring Disclosure of Information.--Any
State law that is enacted on or after March 1, 1998, and that requires
an insurer doing business in that State, including any related company,
to disclose information regarding any covered policy shall be deemed to
be in effect on the date of the enactment of such law and shall not be
invalid or preempted by reason of any executive agreement between the
United States and any foreign country.
(c) Waiver.--The President may waive the application of subsection
(a) or (b) with respect to any executive agreement that is entered into
between the United States and a foreign country on or after the date of
the enactment of this Act and that involves covered policies if, not
later than 30 legislative days before the signing of the executive
agreement--
(1) the President determines that the executive agreement
is vital to the national security interests of the United
States; and
(2) the President provides to the appropriate congressional
committees a report explaining the reasons for such
determination.
(d) Statements of Interest.--No funds may be used by the Department
of State, or any other department or agency of the United States, for
the purpose of issuing a statement of interest seeking to encourage a
court in the United States to dismiss any claim brought to recover
compensation arising out of or related to a covered policy.
(e) Statute of Limitations.--No court may dismiss a claim that is
brought under a State law described in subsection (a) or (b) within 10
years after the date of the enactment of this Act on the ground that
the claim is barred under any statute of limitations.
SEC. 4. APPLICABILITY.
This Act shall apply to any claim that is brought, before, on, or
after the date of the enactment of this Act, under a State law
described in subsection (a) or (b), including--
(1) any claim dismissed, before the date of the enactment
of this Act, on the ground of executive preemption; and
(2) any claim that is deemed released as a result of the
settlement of a class action that was entered into before the
date of the enactment of this Act, if the claimant did not
receive any payment pursuant to the settlement.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs in the House of Representatives, the Committee
on Foreign Relations in the Senate, and the Committees on the
Judiciary of the House of Representatives and the Senate.
(2) Covered policy.--
(A) In general.--The term ``covered policy'' means
any life, dowry, education, property, or other
insurance policy that--
(i) was in effect at any time after January
30, 1933, and before December 31, 1945; and
(ii) was issued to a policyholder domiciled
in any area that was occupied or controlled by
Nazi Germany.
(B) Nazi germany.--In this paragraph, the term
``Nazi Germany'' means--
(i) the Nazi government of Germany; and
(ii) any government in any area occupied by
the military forces of the Nazi government of
Germany.
(3) Insurer.--The term ``insurer'' means any person engaged
in the business of insurance (including reinsurance) in
interstate or foreign commerce, if the person issued a covered
policy, or a successor in interest to such person.
(4) Legislative days.--The term ``legislative days'' means
those days on which both Houses of Congress are in session.
(5) Related company.--The term ``related company'' means an
affiliate, as that term is defined in section 104(g) of the
Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)). | Holocaust Insurance Accountability Act of 2010 - Declares that no executive agreement between the United States and any foreign country shall invalidate or preempt any state law creating a cause of action against an insurer or related company based upon a claim arising out of or related to a covered insurance policy that: (1) was in effect at any time after January 30, 1933, and before December 31, 1945; and (2) was issued to a policyholder domiciled in any area occupied or controlled by Nazi Germany.
Deems any state law enacted as of March 1, 1998, which requires an insurer doing business in that state to disclose information regarding such a covered policy to be effective upon its enactment.
Authorizes the President to waive application of this Act upon: (1) a determination that the executive agreement is vital to U.S. national security interests; and (2) presentation of a report by the President to certain congressional committees explaining the reasons for such determination.
Prohibits a court from dismissing a claim that is brought under a state law within 10 years after enactment of this Act on the ground that the claim is barred under any statute of limitations.
Declares this Act applicable to any claim brought under state law before, on, or after enactment of this Act including: (1) any claim dismissed on the ground of executive preemption before the date of the enactment of this Act; and (2) any claim that is deemed released as a result of the settlement of a class action entered into before enactment of this Act if the claimant did not receive any payment pursuant to the settlement. | {"src": "billsum_train", "title": "To allow for enforcement of State disclosure laws and access to courts for covered Holocaust-era insurance policy claims."} | 1,947 | 350 | 0.46396 | 1.634382 | 0.646388 | 5.058632 | 5.980456 | 0.941368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Nutrition Equity Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Specialized food is often medically necessary for the
safe and effective management of many digestive and inherited
metabolic disorders that impact digestion, absorption, and
metabolism of nutrients.
(2) Although medically necessary food is essential for
patients, it is often expensive and not uniformly reimbursed by
health insurance, leaving many families with an insurmountable
financial burden.
(3) As a result, many patients who cannot afford medically
necessary food may experience adverse health consequences from
suboptimal disease management, including hospitalization,
intellectual impairment, behavioral dysfunction, inadequate
growth, nutrient deficiencies, and even death.
SEC. 3. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR DIGESTIVE
AND INHERITED METABOLIC DISORDERS UNDER FEDERAL HEALTH
PROGRAMS AND PRIVATE HEALTH INSURANCE.
(a) Coverage Under the Medicare Program.--
(1) Medically necessary food.--
(A) In general.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
(i) in subparagraph (FF), by striking
``and'' at the end;
(ii) in subparagraph (GG), by inserting
``and'' at the end; and
(iii) by adding at the end the following
new subparagraph:
``(HH) medically necessary food (as defined in subsection
(jjj)) and the medical equipment and supplies necessary to
administer such food (other than medical equipment and supplies
described in subsection (n));''.
(B) Definition.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x) is amended by adding at
the end the following new subsection:
``Medically Necessary Food
``(jjj)(1) Subject to paragraph (2), the term `medically necessary
food' means food, including a low protein modified food product and an
amino acid preparation product, that is--
``(A) furnished pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation, for the dietary management of a covered
disease or condition;
``(B) a specially formulated and processed product (as
opposed to a naturally occurring foodstuff used in its natural
state) for the partial or exclusive feeding of an individual by
means of oral intake or enteral feeding by tube;
``(C) intended for the dietary management of an individual
who, because of therapeutic or chronic medical needs, has
limited or impaired capacity to ingest, digest, absorb, or
metabolize ordinary foodstuffs or certain nutrients, or who has
other special medically determined nutrient requirements, the
dietary management of which cannot be achieved by the
modification of the normal diet alone;
``(D) intended to be used under medical supervision, which
may include in a home setting; and
``(E) intended only for an individual receiving active and
ongoing medical supervision wherein the individual requires
medical care on a recurring basis for, among other things,
instructions on the use of the food.
``(2) For purposes of paragraph (1), the term `medically necessary
food' does not include the following:
``(A) Foods taken as part of an overall diet designed to
reduce the risk of a disease or medical condition or as weight
loss products, even if they are recommended by a physician or
other health professional.
``(B) Foods marketed as gluten-free for the management of
celiac disease or non-celiac gluten sensitivity.
``(C) Foods marketed for the management of diabetes.
``(D) Other products determined appropriate by the
Secretary.
``(3) In this subsection, the term `covered disease or condition'
means the following diseases or conditions:
``(A) Inherited metabolic disorders, including the
following:
``(i) Disorders classified as metabolic disorders
on the Recommended Uniform Screening Panel Core
Conditions list of the Secretary of Health and Human
Services' Advisory Committee on Heritable Disorders in
Newborns and Children.
``(ii) N-acetyl glutamate synthase deficiency.
``(iii) Ornithine transcarbamlyase deficiency.
``(iv) Carbamoyl phosphate synthestase deficiency.
``(v) Inherited disorders of mitochondrial
functioning.
``(B) Medical and surgical conditions of malabsorption,
including the following:
``(i) Impaired absorption of nutrients caused by
disorders affecting the absorptive surface, functional
length, and motility of the gastrointestinal tract,
including short bowel syndrome and chronic intestinal
pseudo-obstruction.
``(ii) Malabsorption due to liver or pancreatic
disease.
``(C) Immunoglobulin E and non-Immunoglobulin E-mediated
allergies to food proteins, including the following:
``(i) Immunoglobulin E and non-Immunoglobulin E-
mediated allergies to food proteins.
``(ii) Food protein-induced enterocolitis syndrome.
``(iii) Eosinophilic disorders, including
eosinophilic esophagitis, eosinophilic gastroenteritis,
eosinophilic colitis, and post-transplant eosinophilic
disorders.
``(D) Inflammatory or immune mediated conditions of the
alimentary tract, including the following:
``(i) Inflammatory bowel disease, including Crohn's
disease, ulcerative colitis, and indeterminate colitis.
``(ii) Gastroesophageal reflux disease that is
nonresponsive to standard medical therapies.
``(E) Any other disease or condition determined appropriate
by the Secretary.
``(4) In this subsection, the term ` low protein modified food
product' means a product formulated to have less than one gram of
protein per serving.''.
(C) Payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(i) by striking ``and'' before ``(BB)'';
and
(ii) by inserting before the semicolon at
the end the following: ``, and (CC) with
respect to medically necessary food (as defined
in section 1861(jjj)), the amount paid shall be
an amount equal to 80 percent of the lesser of
the actual charge for the services or the
amount determined under a fee schedule
established by the Secretary for purposes of
this subparagraph.''.
(D) Effective date.--The amendments made by this
subsection shall apply to items and services furnished
on or after the date that is 1 year after the date of
the enactment of this Act.
(2) Inclusion of medically necessary vitamins as a covered
part d drug.--
(A) In general.--Section 1860D-2(e)(1) of the
Social Security Act (42 U.S.C. 1395w-102(e)(1)) is
amended--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking the
comma at the end and inserting ``; or''; and
(iii) by inserting after subparagraph (B)
the following new subparagraph:
``(C) medically necessary vitamins used for the
management of a covered disease or condition (as
defined in section 1861(jjj)(3)) pursuant to the
prescription, order, or recommendation (as applicable)
of a physician or other health care professional
qualified to make such prescription, order, or
recommendation,''.
(B) Effective date.--The amendments made by
subparagraph (A) shall apply to plan years beginning on
or after the date that is 1 year after the date of the
enactment of this Act.
(b) Coverage Under the Medicaid Program.--
(1) In general.--Section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) is amended--
(A) in paragraph (28), by striking ``and'' at the
end;
(B) by redesignating paragraph (29) as paragraph
(31); and
(C) by inserting after paragraph (28) the following
new paragraphs:
``(29) medically necessary food (as defined in section
1861(jjj)) and the medical equipment and supplies necessary to
administer such food;
``(30) medically necessary vitamins used for the management
of a covered disease or condition (as defined in section
1861(jjj)(3)) pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation; and''.
(2) Conforming amendments.--
(A) Mandatory benefits.--Section 1902(a)(10)(A) of
the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is
amended, in the matter preceding clause (i), by
striking ``and (28)'' and inserting ``(28), (29), and
(30)''.
(B) Exception to coverage restriction.--Section
1927(d)(2)(E) of the Social Security Act (42 U.S.C.
1396r-8(d)(2)(E)) is amended by inserting ``and except
for medically necessary vitamins described in section
1905(a)(30)'' before the period at the end.
(3) Effective date.--
(A) In general.--Subject to subparagraph (B), the
amendments made by this subsection shall take effect on
the date that is 1 year after the date of the enactment
of this Act.
(B) Exception to effective date if state
legislation required.--In the case of a State plan for
medical assistance under title XIX of the Social
Security Act which the Secretary of Health and Human
Services determines requires State legislation (other
than legislation appropriating funds) in order for the
plan to meet the additional requirements imposed by the
amendments made by this subsection, the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its
failure to meet this additional requirement before the
first day of the first calendar quarter beginning after
the close of the first regular session of the State
legislature that begins after the date of the enactment
of this Act. For purposes of the previous sentence, in
the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to
be a separate regular session of the State legislature.
(c) Coverage Under CHIP.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)) is amended by adding at the end the
following:
``(9) Medically necessary food.--The child health
assistance provided to a targeted low-income child under the
plan shall include coverage of medically necessary food (as
defined in section 1861(jjj)) and the medical equipment and
supplies necessary to administer such food.
``(10) Certain vitamins.--The child health assistance
provided to a targeted low-income child under the plan shall
include coverage of medically necessary vitamins used for the
management of a covered disease or condition (as defined in
section 1861(jjj)(3)) pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation.''.
(2) Conforming amendment.--Section 2103(a) of the Social
Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter
preceding paragraph (1), by striking ``and (7)'' and inserting
``(7), (9), and (10)''.
(3) Effective date.--
(A) In general.--Subject to subparagraph (B), the
amendments made by this subsection shall take effect on
the date that is 1 year after the date of the enactment
of this Act.
(B) Exception to effective date if state
legislation required.--In the case of a State child
health plan for child health assistance under title XXI
of the Social Security Act which the Secretary of
Health and Human Services determines requires State
legislation (other than legislation appropriating
funds) in order for the plan to meet the additional
requirements imposed by the amendments made by this
subsection, the State child health plan shall not be
regarded as failing to comply with the requirements of
such title solely on the basis of its failure to meet
this additional requirement before the first day of the
first calendar quarter beginning after the close of the
first regular session of the State legislature that
begins after the date of the enactment of this Act. For
purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year
of such session shall be deemed to be a separate
regular session of the State legislature.
(d) Modification of Diseases and Conditions Covered Under TRICARE
Program.--Section 1077(h)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (D), by striking ``and'';
(2) by redesignating subparagraph (E) as subparagraph (F);
and
(3) by inserting after subparagraph (D) the following:
``(E) Immunoglobulin E or non-Immunoglobulin E mediated
allergies to food proteins.''.
(e) Coverage Under FEHBP.--
(1) In general.--Section 8902 of title 5, United States
Code, is amended by adding at the end the following:
``(p) A contract for a plan under this chapter shall require the
carrier to provide coverage for--
``(1) medically necessary food (as defined in section
1861(jjj) of the Social Security Act) and the medical equipment
and supplies necessary to administer such food; and
``(2) medically necessary vitamins in the same manner
provided for under section 1860D-2(e)(1)(C) of the Social
Security Act.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to contract years beginning on or
after the date that is 1 year after the date of enactment of
this Act.
(f) Coverage Under Private Health Insurance.--
(1) In general.--Subpart II of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is
amended by adding at the end the following:
``SEC. 2729. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS.
``A health insurance issuer offering group or individual health
insurance coverage shall provide coverage for--
``(1) medically necessary food (as defined in section
1861(jjj) of the Social Security Act) and the medical equipment
and supplies necessary to administer such food; and
``(2) medically necessary vitamins in the same manner
provided for under section 1860D-2(e)(1)(C) of the Social
Security Act.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to plan years beginning on or after the date that
is 1 year after the date of the enactment of this Act. | Medical Nutrition Equity Act of 2017 This bill provides for coverage, under Medicare, Medicaid, other specified federal health-care programs, and private health insurance, of foods and vitamins that are medically necessary for the management of certain digestive and metabolic disorders and conditions. | {"src": "billsum_train", "title": "Medical Nutrition Equity Act of 2017"} | 3,576 | 70 | 0.515317 | 1.359777 | 0.540247 | 1.782609 | 66.369565 | 0.869565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Armed Forces Reserve and National
Guard Dual-Status Review and Modernization Act''.
SEC. 2. POSTPONEMENT OF DEADLINE FOR COMPLETION OF CONVERSION OF
CERTAIN MILITARY TECHNICIAN (DUAL STATUS) POSITIONS TO
POSITIONS OF CIVILIAN EMPLOYMENT BY THE FEDERAL
GOVERNMENT.
(a) Findings.--Congress makes the following findings:
(1) A September 2013 study conducted by a federally funded
research and development center found that 21 percent of the
military technician (dual status) positions are administrative
in nature--the largest category as a percentage of military
technician (dual status) positions. The study recommends
investigation on whether ``some Dual Status MilTech positions
supporting general administration functions could be converted
to Title 5 Federal civilian full-time support positions without
compromising unit readiness''. The study further recommends
investigation on whether ``it is more appropriate to use
military full-time support for other reasons (such as currency
in military operations and training and augmentation)''.
(2) Section 1053 of the National Defense Authorization Act
for Fiscal Year 2016 directs the conversion of not fewer than
20 percent of all military technician positions to positions of
Federal civilian employment under title 5, United States Code,
by January 1, 2017. Section 1084 of the National Defense
Authorization Act for Fiscal Year 2017 extends the deadline for
that conversion from January 1, 2017, to October 1, 2017.
(3) The Department of Defense submitted a report on the
management of military technicians in December 2016 that finds
that 12.6 percent of the military technician (dual status)
positions were administrative in nature, and recommended a
conversion of 4.8 percent of such positions to positions of
Federal civilian employment.
(4) The Chief of the National Guard Bureau testified before
Congress in April 2017 that a conversion of 20 percent of
military technician (dual status) positions to positions of
Federal civilian employment would degrade readiness, but that a
lower number could be converted with minimal impact. The Chief
of the National Guard Bureau also testified that the Department
of Defense had not conducted an analysis of the associated
costs and benefits of a conversion of 20 percent of military
technician (dual status) positions to positions of Federal
civilian employment.
(b) Postponement of Deadline for Completion of Conversion.--
Notwithstanding the deadline otherwise specified in paragraph (1) of
section 1053(a) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 113 note) for the completion of the conversion of
military technician positions as described in that subsection, the
deadline for the completion of such conversion shall be 180 days after
the date on which the Secretary of Defense transmits to Congress under
paragraph (6) of subsection (c) the report of the working group
required by paragraph (5) of that subsection.
(c) Working Group on Full Time Support of the Reserve Components.--
(1) In general.--There shall be established in the
Department of Defense a working group to be known as the
``Working Group on Full Time Support of the Reserve
Components'' (in this subsection referred to as the ``working
group'').
(2) Co-chairs.--The co-chairs of the working group shall be
the following:
(A) The Director of the Army National Guard.
(B) The Director of the Air National Guard.
(C) The Chief of the Army Reserve.
(D) The Chief of the Air Force Reserve.
(3) Members.--The members of the working group shall
include the co-chairs of the working group and such other
personnel of the Department of Defense as the Secretary shall
appoint from among organizations and elements of the Department
with an interest in full time support of the reserve components
of the Armed Forces, including the National Guard Bureau and
the Adjutants General of the States.
(4) Duties.--The working group shall undertake a
comprehensive review of full time support of the reserve
components of the Armed Forces, including the following:
(A) An identification of the missions, purposes,
and objectives of military technicians (dual status) in
support of an operational reserve force.
(B) A review of the posture of current military
technician (dual status) positions, and of their
current role in meeting the objectives identified
pursuant to subparagraph (A).
(C) An analysis of potential restructurings of the
workforce of military technicians (dual status) in
order to identify a restructuring that fully aligns
military technician (dual status) positions with
objectives for full time support of the reserve
components.
(D) An identification of the military technician
(dual status) positions whose conversion to positions
of Federal civilian employment under title 5, United
States Code, would best ensure the achievement of
objectives for full time support of the reserve
components.
(E) An assessment of the impact on the readiness of
the National Guard for domestic operations of the
conversion of positions identified pursuant to
subparagraph (D) as described in that subparagraph.
(F) An assessment of costs and potential savings
associated with the conversion of positions identified
pursuant to subparagraph (D) as described in that
subparagraph.
(5) Report to secretary of defense.--Not later than 180
days after the date of the enactment of this Act, the working
group shall submit to the Secretary of Defense a report on the
comprehensive review undertaken pursuant to paragraph (4). The
report shall include the following:
(A) A comprehensive description of the review and
the results of the review.
(B) The percentage of military technician (dual
status) positions whose conversion to positions of
Federal civilian employment under title 5, United
States Code, would best ensure the achievement of
objectives for full time support of the reserve
components of the Armed Forces as an operational
reserve.
(C) A transition plan for implementing a new force
structure for full time support of the reserve
components, including for the conversion of positions
as described in subparagraph (B) which mitigates any
risks to readiness identified pursuant to paragraph
(4)(E).
(D) Recommendations for the reform of personnel
management policy for military technician (dual status)
positions that address--
(i) the eligibility of military technicians
(dual status) for civilian retirement upon
retirement from the Armed Forces; and
(ii) the process for appealing employment
decisions.
(E) Recommendations for reforms of compensation and
benefits policies for military technician (dual status)
positions in order to provide military technicians
(dual status) with parity in compensation and benefits
with other Federal civilian employees of the Department
of Defense under title 5, United States Code.
(6) Transmittal of report to congress.--The Secretary shall
transmit to the congressional defense committees the report of
the working group under paragraph (5), together with such
discussion and recommendations in connection with the report as
the Secretary considers appropriate. The Secretary shall
publish the report, and any such discussions and
recommendations, in the Federal Register at the time of
transmittal.
(7) Congressional defense committees defined.--In this
subsection, the term ``congressional defense committees'' has
the meaning given that term in section 101(a)(16) of title 10,
United States Code. | Armed Forces Reserve and National Guard Dual-Status Review and Modernization Act This bill postpones the deadline for conversion of at least 20% of all military technician (dual status) positions to positions of civilian employment in the federal government until 180 days after the Department of Defense transmits to Congress the report of the Working Group on Full Time Support of the Reserve Components, established by this bill. The working group shall undertake a comprehensive review of full-time support of the reserve components of the Armed Forces, including: an identification of the missions, purposes, and objectives of military technicians (dual status) in support of an operational reserve force; a review of the posture of such positions and their role in meeting such objectives; an analysis of potential workforce restructuring to fully align such positions with objectives for full-time support of the reserve components; an identification of such positions the conversion of which to federal civilian positions would best ensure the achievement of such objectives; an assessment of the impact of such conversion on the readiness of the National Guard for domestic operations; and an assessment of costs and potential savings associated with such conversion. | {"src": "billsum_train", "title": "Armed Forces Reserve and National Guard Dual-Status Review and Modernization Act"} | 1,558 | 234 | 0.641177 | 1.945548 | 0.812125 | 4.437788 | 6.898618 | 0.963134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rare Diseases Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Rare diseases and disorders are those which affect small
patient populations, typically populations smaller than 200,000
individuals in the United States. Such diseases and conditions
include Huntington's disease, amyotrophic lateral sclerosis (Lou
Gehrig's disease), Tourette syndrome, Crohn's disease, cystic
fibrosis, cystinosis, and Duchenne muscular dystrophy.
(2) For many years, the 25,000,000 Americans suffering from the
over 6,000 rare diseases and disorders were denied access to
effective medicines because prescription drug manufacturers could
rarely make a profit from marketing drugs for such small groups of
patients. The prescription drug industry did not adequately fund
research into such treatments. Despite the urgent health need for
these medicines, they came to be known as ``orphan drugs'' because
no companies would commercialize them.
(3) During the 1970s, an organization called the National
Organization for Rare Disorders (NORD) was founded to provide
services and to lobby on behalf of patients with rare diseases and
disorders. NORD was instrumental in pressing Congress for
legislation to encourage the development of orphan drugs.
(4) The Orphan Drug Act created financial incentives for the
research and production of such orphan drugs. New Federal programs
at the National Institutes of Health and the Food and Drug
Administration encouraged clinical research and commercial product
development for products that target rare diseases. An Orphan
Products Board was established to promote the development of drugs
and devices for rare diseases or disorders.
(5) Before 1983, some 38 orphan drugs had been developed. Since
the enactment of the Orphan Drug Act, more than 220 new orphan
drugs have been approved and marketed in the United States and more
than 800 additional drugs are in the research pipeline.
(6) Despite the tremendous success of the Orphan Drug Act, rare
diseases and disorders deserve greater emphasis in the national
biomedical research enterprise. The Office of Rare Diseases at the
National Institutes of Health was created in 1993, but lacks a
statutory authorization.
(7) The National Institutes of Health has received a
substantial increase in research funding from Congress for the
purpose of expanding the national investment of the United States
in behavioral and biomedical research.
(8) Notwithstanding such increases, funding for rare diseases
and disorders at the National Institutes of Health has not
increased appreciably.
(9) To redress this oversight, the Department of Health and
Human Services has proposed the establishment of a network of
regional centers of excellence for research on rare diseases.
(b) Purposes.--The purposes of this Act are to--
(1) amend the Public Health Service Act to establish an Office
of Rare Diseases at the National Institutes of Health; and
(2) increase the national investment in the development of
diagnostics and treatments for patients with rare diseases and
disorders.
SEC. 3. NIH OFFICE OF RARE DISEASES AT NATIONAL INSTITUTES OF HEALTH.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.),
as amended by Public Law 107-84, is amended by inserting after section
404E the following:
``office of rare diseases
``Sec. 404F. (a) Establishment.--There is established within the
Office of the Director of NIH an office to be known as the Office of
Rare Diseases (in this section referred to as the `Office'), which
shall be headed by a Director (in this section referred to as the
`Director'), appointed by the Director of NIH.
``(b) Duties.--
``(1) In general.--The Director of the Office shall carry out
the following:
``(A) The Director shall recommend an agenda for conducting
and supporting research on rare diseases through the national
research institutes and centers. The agenda shall provide for a
broad range of research and education activities, including
scientific workshops and symposia to identify research
opportunities for rare diseases.
``(B) The Director shall, with respect to rare diseases,
promote coordination and cooperation among the national
research institutes and centers and entities whose research is
supported by such institutes.
``(C) The Director, in collaboration with the directors of
the other relevant institutes and centers of the National
Institutes of Health, may enter into cooperative agreements
with and make grants for regional centers of excellence on rare
diseases in accordance with section 404G.
``(D) The Director shall promote the sufficient allocation
of the resources of the National Institutes of Health for
conducting and supporting research on rare diseases.
``(E) The Director shall promote and encourage the
establishment of a centralized clearinghouse for rare and
genetic disease information that will provide understandable
information about these diseases to the public, medical
professionals, patients and families.
``(F) The Director shall biennially prepare a report that
describes the research and education activities on rare
diseases being conducted or supported through the national
research institutes and centers, and that identifies particular
projects or types of projects that should in the future be
conducted or supported by the national research institutes and
centers or other entities in the field of research on rare
diseases.
``(G) The Director shall prepare the NIH Director's annual
report to Congress on rare disease research conducted by or
supported through the national research institutes and centers.
``(2) Principal advisor regarding orphan diseases.--With
respect to rare diseases, the Director shall serve as the principal
advisor to the Director of NIH and shall provide advice to other
relevant agencies. The Director shall provide liaison with national
and international patient, health and scientific organizations
concerned with rare diseases.
``(c) Definition.--For purposes of this section, the term `rare
disease' means any disease or condition that affects less than 200,000
persons in the United States.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
already have been appropriated for fiscal year 2002, and $4,000,000 for
each of the fiscal years 2003 through 2006.''.
SEC. 4. RARE DISEASE REGIONAL CENTERS OF EXCELLENCE.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.),
as amended by section 3, is further amended by inserting after section
404F the following:
``rare disease regional centers of excellence
``Sec. 404G. (a) Cooperative Agreements and Grants.--
``(1) In general.--The Director of the Office of Rare Diseases
(in this section referred to as the `Director'), in collaboration
with the directors of the other relevant institutes and centers of
the National Institutes of Health, may enter into cooperative
agreements with and make grants to public or private nonprofit
entities to pay all or part of the cost of planning, establishing,
or strengthening, and providing basic operating support for
regional centers of excellence for clinical research into, training
in, and demonstration of diagnostic, prevention, control, and
treatment methods for rare diseases.
``(2) Policies.--A cooperative agreement or grant under
paragraph (1) shall be entered into in accordance with policies
established by the Director of NIH.
``(b) Coordination With Other Institutes.--The Director shall
coordinate the activities under this section with similar activities
conducted by other national research institutes, centers and agencies
of the National Institutes of Health and by the Food and Drug
Administration to the extent that such institutes, centers and agencies
have responsibilities that are related to rare diseases.
``(c) Uses for Federal Payments Under Cooperative Agreements or
Grants.--Federal payments made under a cooperative agreement or grant
under subsection (a) may be used for--
``(1) staffing, administrative, and other basic operating
costs, including such patient care costs as are required for
research;
``(2) clinical training, including training for allied health
professionals, continuing education for health professionals and
allied health professions personnel, and information programs for
the public with respect to rare diseases; and
``(3) clinical research and demonstration programs.
``(d) Period of Support; Additional Periods.--Support of a center
under subsection (a) may be for a period of not to exceed 5 years. Such
period may be extended by the Director for additional periods of not
more than 5 years if the operations of such center have been reviewed
by an appropriate technical and scientific peer review group
established by the Director and if such group has recommended to the
Director that such period should be extended.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
already have been appropriated for fiscal year 2002, and $20,000,000
for each of the fiscal years 2003 through 2006.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Rare Diseases Act of 2002 - Amends the Pubic Health Service Act to: (1) establish an Office of Rare Diseases at the National Institutes of Health; and (2) provide for rare disease regional centers of excellence. Sets forth the duties of such Office and regional centers, including research and educational duties. Defines rare disease as any disease or condition affecting fewer than 200,000 persons in the United States. Authorizes appropriations for FY 2003 through 2006. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish an Office of Rare Diseases at the National Institutes of Health, and for other purposes."} | 1,972 | 99 | 0.452108 | 1.301206 | 0.893555 | 3.988372 | 21.523256 | 0.848837 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Loan Plan Act of
2003''.
SEC. 2. INTEREST RATES ON STUDENT LOANS.
(a) Interest Rate Changes.--Section 427A of the Higher Education
Act of 1965 (20 U.S.C. 1077a) is amended by striking subsections (k)
and (l) and inserting the following:
``(k) Interest Rates for New Loans on or After October 1, 1998, and
Before the Date of Enactment of the Higher Education Loan Plan Act of
2003.--
``(1) In general.--Notwithstanding subsection (h) and
subject to paragraph (2), with respect to any loan made,
insured, or guaranteed under this part (other than a loan made
pursuant to section 428B or 428C) for which the first
disbursement is made on or after October 1, 1998, and before
the date of enactment of the Higher Education Loan Plan Act of
2003, the applicable rate of interest shall, 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--
``(A) the bond equivalent rate of 91-day Treasury
bills auctioned at the final auction held prior to such
June 1; plus
``(B) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
``(2) In school and grace period rules.--Notwithstanding
subsection (h), with respect to any loan under this part (other
than a loan made pursuant to section 428B or 428C) for which
the first disbursement is made on or after October 1, 1998, and
before the date of enactment of the Higher Education Loan Plan
Act of 2003, the applicable rate of interest for interest which
accrues--
``(A) prior to the beginning of the repayment
period of the loan; or
``(B) during the period in which principal need not
be paid (whether or not such principal is in fact paid)
by reason of a provision described in section
427(a)(2)(C) or 428(b)(1)(M),
shall be determined under paragraph (1) by substituting `1.7
percent' for `2.3 percent'.
``(3) PLUS loans.--Notwithstanding subsection (h), with
respect to any loan under section 428B for which the first
disbursement is made on or after October 1, 1998, and before
the date of enactment of the Higher Education Loan Plan Act of
2003, the applicable rate of interest shall be determined under
paragraph (1)--
``(A) by substituting `3.1 percent' for `2.3
percent'; and
``(B) by substituting `9.0 percent' for `8.25
percent'.
``(4) Consolidation loans.--With respect to any
consolidation loan under section 428C for which the application
is received by an eligible lender on or after October 1, 1998,
and before the date of enactment of the Higher Education Loan
Plan Act of 2003, the applicable rate of interest shall be at
an annual rate on the unpaid principal balance of the loan that
is equal to the lesser of--
``(A) the weighted average of the interest rates on
the loans consolidated, rounded to the nearest higher
one-eighth of 1 percent; or
``(B) 8.25 percent.
``(5) Consultation.--The Secretary shall determine the
applicable rate of interest under this subsection after
consultation with the Secretary of the Treasury and shall
publish such rate in the Federal Register as soon as
practicable after the date of determination.
``(l) Interest Rates for New Loans on or After the Date of
Enactment of the Higher Education Loan Plan Act of 2003.--
``(1) In general.--Notwithstanding subsection (h) and
subject to paragraph (2), with respect to any loan made,
insured, or guaranteed under this part (other than a loan made
pursuant to section 428B or 428C) for which the first
disbursement is made on or after the date of enactment of the
Higher Education Loan Plan Act of 2003, the applicable rate of
interest shall, 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--
``(A) the bond equivalent rate of 91-day Treasury
bills auctioned at the final auction held prior to such
June 1; plus
``(B) 2.3 percent,
except that such rate shall not exceed 7.75 percent.
``(2) In school and grace period rules.--Notwithstanding
subsection (h), with respect to any loan under this part (other
than a loan made pursuant to section 428B or 428C) for which
the first disbursement is made on or after the date of
enactment of the Higher Education Loan Plan Act of 2003, the
applicable rate of interest for interest which accrues--
``(A) prior to the beginning of the repayment
period of the loan; or
``(B) during the period in which principal need not
be paid (whether or not such principal is in fact paid)
by reason of a provision described in section
427(a)(2)(C) or 428(b)(1)(M),
shall be determined under paragraph (1) by substituting `1.7
percent' for `2.3 percent'.
``(3) PLUS loans.--Notwithstanding subsection (h), with
respect to any loan under section 428B for which the first
disbursement is made on or after the date of enactment of the
Higher Education Loan Plan Act of 2003, the applicable rate of
interest shall be determined under paragraph (1)--
``(A) by substituting `3.1 percent' for `2.3
percent'; and
``(B) by substituting `8.5 percent' for `7.75
percent'.
``(4) Consolidation loans.--With respect to any
consolidation loan under section 428C for which the application
is received by an eligible lender on or after the date of
enactment of the Higher Education Loan Plan Act of 2003, the
applicable rate of interest shall, 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--
``(A) the bond equivalent rate of 91-day Treasury
bills auctioned at the final auction held prior to such
June 1; plus
``(B) 2.3 percent,
except that such rate shall not exceed 7.75 percent.''.
(b) Special Allowance Conforming Changes.--Section 438(b)(2) of the
Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)) is amended by
striking ``July 1, 2006'' each place it appears in clauses (ii), (v),
and (vii) of subparagraph (I), including in the headings of such
clauses, and inserting ``the date of enactment of the Higher Education
Loan Plan Act of 2003''.
(c) Additional Conforming Amendments.--Section 428C(c)(1) of the
Higher Education Act of 1965 (20 U.S.C. 1078-3(c)(1)) is amended by
striking ``July 1, 2006'' each place it appears and inserting ``the
date of enactment of the Higher Education Loan Plan Act of 2003''. | Higher Education Loan Plan Act of 2003 - Amends the Higher Education Act of 1965 to provide for variable interest rates on student (Stafford) loans, consolidation loans (which currently have fixed rates), and parent (PLUS) loans.
Revises formulas for determining such variable interest rates for student loans, consolidation, loans, and parent loans based on the bond equivalent rate for 91-day Treasury bills and specified additional percentages.
Caps at specified levels interest rates for new loans during an interim period from October 1, 1998, up to the enactment of this Act. Caps the interest rates for new loans on or after such enactment date for: (1) student loans and consolidation loans at 7.75 percent; and (2) parent loans at 8.5 percent. | {"src": "billsum_train", "title": "A bill to amend title IV of the Higher Education Act of 1965 to provide for variable interest rates on student loans."} | 1,634 | 165 | 0.570901 | 1.530213 | 0.685739 | 2.22449 | 10.040816 | 0.836735 |
SECTION 1. REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS.
(a) Definitions.--Section 134(b) of title 23, United States Code,
is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) Regional transportation planning organization.--The
term `regional transportation planning organization' means the
policy board of an organization established or designated under
section 135(k).''.
(b) Additional Requirements.--Section 135(e) of such title is
amended--
(1) in the matter preceding paragraph (1) by striking
``consider'';
(2) by striking paragraph (1) and inserting the following:
``(1) with respect to nonmetropolitan areas, cooperate with
affected nonmetropolitan local officials with responsibility
for transportation through regional transportation planning
organizations;'';
(3) in paragraph (2) by striking ``the concerns'' and
inserting ``consider the concerns''; and
(4) in paragraph (3)--
(A) by striking ``coordination of'' and inserting
``coordinate''; and
(B) by striking ``the transportation improvement
program'' and inserting ``transportation improvement
programs''.
(c) Long-Range Statewide Transportation Plan.--Section 135(f)(2) of
such title is amended--
(1) by striking subparagraph (B) and inserting the
following:
``(B) Nonmetropolitan areas.--With respect to
nonmetropolitan areas, the statewide transportation
plan shall be developed in cooperation with affected
nonmetropolitan local officials with responsibility for
transportation through regional transportation planning
organizations.''; and
(2) in subparagraph (D)(i), by striking ``and local
agencies responsible for'' and inserting ``regional, and local
agencies responsible for economic development, emergency
management, transportation planning,''.
(d) Statewide Transportation Improvement Program.--Section 135(g)
of such title is amended--
(1) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) Nonmetropolitan areas.--With respect to each
nonmetropolitan area in the State, the program shall be
developed in cooperation with affected nonmetropolitan
local officials with responsibility for transportation
through regional transportation planning
organizations.''; and
(2) in the first sentence of paragraph (5), by inserting
``through regional transportation planning organizations''
before the period at the end.
(e) Funding.--Section 135(h) of such title is amended by striking
``section 104(f)'' and inserting ``sections 104(f) and 505''.
(f) Designation of Regional Transportation Planning
Organizations.--Section 135 of such title is amended by adding at the
end the following:
``(k) Designation of Regional Transportation Planning
Organizations.--
``(1) In general.--To carry out the transportation planning
process required under this section, States shall establish,
designate, and use amounts made available to the State to carry
out this section to fund regional transportation planning
organizations to enhance the planning, coordination, and
implementation of statewide transportation plans and programs,
with an emphasis on addressing the needs of nonmetropolitan
areas of the State.
``(2) Structure.--Each regional transportation planning
organization shall be established as a multi-jurisdictional
organization of nonmetropolitan local officials or their
designees who volunteer for such organization and
representatives of local transportation systems who volunteer
for such organization.
``(3) Memorandum of understanding.--Each regional
transportation planning organization shall be formed by a
memorandum of understanding between the State and
nonmetropolitan local officials or as otherwise provided under
State law.
``(4) Function.--Each regional transportation planning
organization shall work cooperatively to plan, coordinate, and
implement transportation systems in nonmetropolitan areas.
``(5) Requirements.--Each regional transportation planning
organization shall establish, at a minimum--
``(A) a policy committee, the majority of which
shall be comprised of nonmetropolitan local officials,
or their designees, and which shall include, as
appropriate, additional representatives from the State,
private business, transportation service providers,
economic development practitioners, and the public in
the region; and
``(B) a fiscal and administrative agent, such as an
existing regional planning and development
organization, to provide professional planning,
management, and administrative support.
``(6) Duties.--The regional transportation planning
organization shall--
``(A) ensure that nonmetropolitan local officials
are meaningfully involved in the statewide
transportation planning process;
``(B) develop and maintain, in cooperation with the
State, regional long-range multimodal transportation
plans;
``(C) develop a regional transportation improvement
program for consideration by the State;
``(D) foster the coordination of local planning,
land use, and economic development plans with State,
regional, and local transportation plans and programs;
``(E) provide technical assistance to local
officials;
``(F) participate in national, multi-State, and
State policy and planning development processes to
ensure the regional and local input of nonmetropolitan
areas;
``(G) provide a forum for public participation in
the statewide and regional transportation planning
processes;
``(H) consider and share plans and programs with
neighboring regional transportation planning
organizations, metropolitan planning organizations,
and, as appropriate, tribal organizations; and
``(I) conduct other duties, as necessary, to
support and enhance the statewide planning process
described in subsection (d).''. | Requires states, at a minimum, to cooperate with affected nonmetropolitan local officials responsible for transportation through regional transportation planning organizations to develop and implement long-range statewide transportation plans and statewide transportation improvement programs, with emphasis on addressing the transportation needs of nonmetropolitan areas of the state.
Defines a regional transportation planning organization as a multi-jurisdictional organization composed of nonmetropolitan local officials (or their designees) and representatives of local transportation systems who all volunteer for such organization. | {"src": "billsum_train", "title": "A bill to amend title 23, United States Code, to incorporate regional transportation planning organizations into statewide transportation planning, and for other purposes."} | 1,269 | 119 | 0.655992 | 1.881413 | 0.539388 | 3.272727 | 13.079545 | 0.931818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids Wish II Act''.
SEC. 2. DEFINITIONS.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) is amended--
(1) in paragraph (9)(C) by inserting ``child care,'' after
``educational,'';
(2) in paragraph (10)(A) by inserting ``child care,'' after
``educational,''; and
(3) by adding at the end the following:
``(11) Children.--The term `children' means individuals who
are 18 years of age or younger.
``(12) Emergency child care.--The term `emergency child
care' means supervision, recreation, and other services offered
by a State or local government (or a child care provider
regulated by a State) for the purpose of providing nonparental
care for children in the event of a major disaster or
emergency.''.
SEC. 3. ELIGIBILITY OF FOR-PROFIT CHILD CARE FACILITIES FOR DISASTER
ASSISTANCE.
Title I of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding at the end
the following:
``SEC. 103. FOR-PROFIT CHILD CARE FACILITIES.
``Notwithstanding any other provision of this Act, a private for-
profit child care facility shall be eligible for assistance under this
Act to the same extent as a private nonprofit child care facility.''.
SEC. 4. DISASTER PLANNING.
Title III of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end
the following:
``SEC. 327. DISASTER PLANNING TO ADDRESS NEEDS OF CHILDREN AND
FAMILIES.
``(a) State and Local Disaster Planning.--
``(1) In general.--The President shall encourage States and
localities to include consideration of services and facilities
for children within all phases of their disaster planning,
training, and exercises.
``(2) Services and facilities for children defined.--In
this subsection, the term `services and facilities for
children' includes--
``(A) health and mental health services and
facilities for children;
``(B) school services and facilities;
``(C) child care services and facilities;
``(D) services and facilities associated with early
education programs, including the Head Start program;
``(E) juvenile corrections, detention, and court
services and facilities;
``(F) child welfare services and facilities; and
``(G) residential care services and facilities for
children, including residential treatment centers and
group homes.
``(b) National Disaster Planning.--The President shall take such
actions as may be necessary to include the provision of services and
facilities for children within national planning activities, including
the National Response Framework and the National Disaster Recovery
Framework.
``(c) Specific Measurable Capabilities of Disaster Plans.--The
President shall ensure, to the maximum extent practicable, that
disaster plans for services and facilities for children, at a minimum,
incorporate specific measurable capabilities for shelter-in-place,
evacuation, relocation, family reunification, temporary operating
standards, and accommodation of children with disabilities and chronic
health needs and other special needs child populations.''.
SEC. 5. DISASTER ASSISTANCE FOR CHILD CARE SERVICES AND FACILITIES.
(a) Essential Assistance.--Section 403(a)(3) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b(a)(3)) is amended--
(1) in subparagraph (D) by inserting ``, child care,''
after ``schools'';
(2) by striking ``and'' at the end of subparagraph (I);
(3) by striking the period at the end of subparagraph (J)
and inserting ``; and''; and
(4) by adding at the end the following:
``(K) provision of emergency child care and
assistance to families for child placement in emergency
child care.''.
(b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(3)(B) of such Act (42 U.S.C. 5172(a)(3)(B)) is amended
by inserting ``child care,'' after ``education,''.
(c) Federal Assistance to Individuals and Households.--Section
408(e)(2) of such Act (42 U.S.C. 5174(e)(2)) is amended--
(1) in the paragraph heading by inserting ``child care,''
after ``transportation,''; and
(2) by inserting ``child care,'' after ``transportation,''.
SEC. 6. CASE MANAGEMENT SERVICES.
Section 426 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5189d) is amended--
(1) by inserting ``(a) In General.--'' before ``The
President''; and
(2) by adding at the end the following:
``(b) Program Requirements.--
``(1) Emphasis on children and families.--In carrying out
this section, the President shall establish a single Federal
disaster case management program with an emphasis on achieving
tangible, positive outcomes for all children and families who
are victims of a major disaster.
``(2) Components.--The program shall--
``(A) adequately address the physical health,
mental health, nutrition, education, housing,
transportation, and other human services needs of
children and families who are victims of a major
disaster;
``(B) provide for the involvement of nonprofit
agencies that provide disaster case management
services;
``(C) provide access to funding that supports all
aspects of disaster case management, including direct
services to survivors;
``(D) provide for a single point of contact for
disaster assistance applicants who need a wide variety
of services that may be provided by many different
organizations; and
``(E) provide funding to support case manager
training.''.
SEC. 7. ASSISTANCE TO MEET NEEDS OF CHILDREN AND FAMILIES.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended--
(1) by redesignating the second section 425, relating to
essential service providers, as section 427; and
(2) by adding at the end the following:
``SEC. 428. ASSISTANCE TO MEET NEEDS OF CHILDREN AND FAMILIES.
``(a) Mass Care Shelters.--
``(1) In general.--The President may provide mass care
shelters for victims of major disasters. Such shelters shall
provide a safe and secure mass care shelter environment for
children, including appropriate access to essential services
and supplies.
``(2) Standards.--In carrying out this subsection, the
President shall--
``(A) develop and implement national standards and
indicators for mass care shelters that are specific and
responsive to children;
``(B) develop a list of essential age-appropriate
shelter supplies for infants and children and fund the
addition of child-specific supplies to caches for
immediate deployment to support shelter operations;
``(C) ensure the implementation of standards and
training to mitigate risks unique to children in
shelters, including child abduction and sex offenders;
and
``(D) ensure all shelter operators have access to a
fast, accurate, and low-cost system for conducting
national fingerprint-based criminal history background
checks for shelter workers and volunteers.
``(b) Housing.--The President--
``(1) shall give priority to families with children in
providing disaster housing assistance under this title; and
``(2) may provide financial and other assistance for
individuals and families who are victims of a major disaster to
ensure an expedited transition into permanent housing,
especially for families with children who have disabilities or
other special health, mental health, or educational needs.
``(c) Evacuation.--The President, in coordination with the heads of
other appropriate Federal agencies, shall develop a standardized,
interoperable national evacuee tracking and family reunification system
that ensures the safety and well-being of children.''.
SEC. 8. DISASTER RELATED INFORMATION SERVICES.
Section 616(a)(2)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196f(a)(2)(B)) is amended by
inserting ``children and'' before ``individuals with disabilities''. | Kids Wish II Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) include child care facilities among public or private nonprofit facilities covered by such Act; (2) make a private for-profit child care facility eligible for assistance under the Act to the same extent as a private nonprofit child care facility; and (3) include child care within provisions regarding essential services, critical services, and federal assistance to individuals and households to address necessary expenses from a major disaster.
Directs the President to: (1) encourage states and localities to include consideration of services and facilities for children within all phases of their disaster planning, training, and exercises; (2) take necessary actions to include the provision of services and facilities for children within national planning activities; (3) ensure that disaster plans for services and facilities for children incorporate specific measurable capabilities for shelter-in-place, evacuation, relocation, family reunification, temporary operating standards, and accommodation of children with disabilities and chronic health needs and other special needs child populations; and (4) establish a single federal disaster case management program with an emphasis on achieving tangible, positive outcomes for all children and families who are victims of a major disaster.
Authorizes the President to: (1) provide mass care shelters for victims of major disasters, which shall provide a safe and secure mass care shelter environment for children; and (2) provide financial and other assistance for victims of a major disaster to ensure an expedited transition into permanent housing, especially for families with children who have disabilities or other special health, mental health, or educational needs.
Directs the President to: (1) give priority to families with children in providing disaster housing assistance; and (2) develop a standardized, interoperable national evacuee tracking and family reunification system that ensures the safety and well-being of children.
Requires disaster related information to be made available to individuals affected by a major disaster or emergency in formats that can be understood by children. | {"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President to take actions to address the needs of children and families who are victims of a major disaster, and for other purposes."} | 1,983 | 408 | 0.621421 | 1.838589 | 0.80394 | 5.760204 | 4.436224 | 0.943878 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring the Safety of Imported Meat
and Poultry Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Prior to 1994 the Federal Meat Inspection Act and the
Poultry Products Inspection Act required that imported meat and
poultry be subject to the same safety standards as domestically
produced meat and poultry.
(2) Article 4 of the World Trade Organization's Agreement
on the Application of Sanitary and Phytosanitary Measures
(``SPS Agreement'')--which was negotiated as part of the
Uruguay Round of Trade Agreements--requires that a country
permit imports of food if the country determines that the
foreign inspection system provides a level of safety equivalent
to the country's domestic standards.
(3) Congress, when it ratified the SPS Agreement in 1994,
amended the Federal Meat Inspection Act and the Poultry
Products Inspection Act to provide that foreign meat and
poultry may be imported into this country if the Secretary of
Agriculture determines that the foreign inspection system
provides a level of protection equivalent to that achieved
under United States requirements.
(4) The Secretary of Agriculture then determined that those
countries which had been permitted to export meat and poultry
to the United States prior to 1994 had an equivalent inspection
system because prior to 1994 their inspection system was the
same as that used in the United States.
(5) In July 1996 the United States Department of
Agriculture issued its final regulations for a new system of
meat and poultry inspection called the Hazard Analysis and
Critical Control Point (``HACCP'') program. This new program
was designed to improve the safety of meat and poultry and for
domestic plants was implemented in phases: on January 27, 1997,
all domestic meat and poultry slaughter and process plants had
to have in place standard operating procedures for sanitation,
and the slaughter plants had to begin testing for generic E.
coli; beginning January 26, 1998, domestic meat and poultry
plants employing at least 500 persons had to establish the
entire HACCP system and meet performance standards for
salmonella, with government inspectors taking samples and those
samples being analyzed for salmonella in government
laboratories, beginning January 25, 1999, small domestic plants
had to implement the rest of the HACCP system.
(6) In the summer of 1996 the Department of Agriculture
asked foreign governments to supply sufficient information so
that it could determine whether their inspection system is
equivalent to the new HACCP requirements.
(7) In 1999 the Department of Agriculture is continuing to
allow imports of meat and poultry from 32 countries even though
it has admitted it does not yet have enough information from
any of these foreign countries to determine whether its
inspection system is actually equivalent to the new HACCP
salmonella testing requirements that large domestic plants have
had to comply with since January 26, 1998, and small plants
have had to comply with since January 25, 1999.
(8) The Department of Agriculture publishes a quarterly
report, which it puts on its website, which lists all the
domestic plants that are not in compliance with the HACCP
program; however, the Department of Agriculture does not
publicly reveal any foreign firm that it believes is not in
compliance even though the Department of Agriculture officials
conduct audits of foreign meat and poultry plants.
(9) At the United States border the Department of
Agriculture takes a ``random'' sample of about 20 percent of
all foreign meat and poultry, and its public quarterly report
shows the amount of imported meat and poultry refused entry at
the United States border by the Department's inspectors. The
public report does not, however, give the rejection rate by
country of origin.
(10) United States consumers have a right to be informed
about the safety of imported meat and poultry from specific
countries.
SEC. 3. END OF GRACE PERIOD FOR IMPORTED MEAT AND POULTRY.
(a) Federal Meat Inspection Act.--Section 20 of the Federal Meat
Inspection Act (21 U.S.C. 620) is amended by adding at the end the
following:
``(i)(1) The Secretary shall ban all imports of carcasses of meat
or meat products from any country for which the Secretary has not yet
determined, based on information supplied by the exporting country,
that the foreign inspection system actually provides at least the same
level of sanitary or phytosanitary protection achieved under United
States requirements with regard to all inspection, building
construction standards, and all other provisions of this Act and
regulations issued under this Act (including the requirement that
salmonella samples be taken by government officials and analyzed in
government laboratories). This ban shall take effect within 6 months of
passage of this Act for those standards and regulations in effect on
the date of passage of this Act and within 1 year for those standards
and regulations issued after passage of this Act.
``(2) The Secretary may extend once for a period not to exceed 1
year the date upon which the ban in paragraph (1) shall take effect if
the Secretary determines that this extension poses no risk to the
health of the public. The Secretary shall transmit to Congress and
publish in the Federal Register at least 60 days prior to the
Secretary's final decision all reasons for the Secretary's proposed
decision to extend the date. The Secretary shall not make a final
decision on this extension without taking into account the comments
received.''.
(b) Poultry Products Inspection Act.--Section 17 of the Poultry
Products Inspection Act (21 U.S.C. 466) is amended by adding at the end
the following:
``(e)(1) The Secretary shall ban all imports of poultry or parts or
products of poultry from any country for which the Secretary has not
yet determined, based on information supplied by the exporting country,
that the foreign inspection system actually provides at least the same
level of sanitary or phytosanitary protection achieved under United
States requirements with regard to all inspection, building
construction standards, and all other provisions of this Act and
regulations issued under this Act (including the requirement that
salmonella samples be taken by government officials and inspected in
government laboratories). This ban shall take effect within 6 months of
passage of this Act for those standards and regulations in effect on
the date of passage of this Act and within 1 year for those standards
and regulations issued after passage of this Act.
``(2) The Secretary may extend once for a period not to exceed 1
year the date upon which the ban in paragraph (1) shall take effect if
the Secretary determines that this extension poses no risk to the
health of the public. The Secretary shall transmit to Congress and
publish in the Federal Register at least 60 days prior to the
Secretary's final decision all reasons for the Secretary's proposed
decision to extend the date. The Secretary shall not make a final
decision on this extension without taking into account the comments
received.''.
SEC. 4. PUBLIC PARTICIPATION IN DECISIONS ON EQUIVALENCY.
In any determination by the Secretary of Agriculture--whether or
not it is promulgated as a rule--under either section 20 of the Federal
Meat Inspection Act (21 U.S.C. 620) or section 17 of the Poultry
Products Inspection Act (21 U.S.C. 466) on whether an inspection system
of any foreign country actually provides at least the same level of
sanitary or phytosanitary protection achieved under United States
requirements with regard to all inspection, building construction
standards, and regulations issued by the Secretary of Agriculture, the
Secretary shall, at least 90 days before the Secretary's final
determination--
(1) publish a notice in the Federal Register that
identifies the basis for that proposed determination; and
(2) make available for public inspection the entire
justification provided by the foreign government to the
Secretary (translated into English if not originally in
English), along with the scientific analysis of that
information that was conducted by the Secretary.
The Secretary shall provide opportunity for the public to comment on
the proposed determination and shall not issue a final determination
without taking into account the comments received.
SEC. 5. PUBLIC DISCLOSURE OF INFORMATION ON SAFETY OF IMPORTED MEAT AND
POULTRY.
Every 3 months the Secretary of Agriculture shall publish in the
Federal Register--
(1) the name and location of any plant exporting meat or
poultry to the United States that the Secretary believes is not
in complete compliance with a foreign inspection system that
the Secretary has determined provides a level of sanitary or
phytosanitary protection at least equal to that provided in the
United States; and
(2) the rejection rate by country of origin of foreign meat
and poultry inspected by the Secretary at the United States
border. | Ensuring the Safety of Imported Meat and Poultry Act of 1999 - Amends the Federal Meat Inspection Act to direct the Secretary of Agriculture to ban (with a discretionary one-time extension) all imports of meat or meat products from any country whose inspection system does not provide sanitary or phytosanitary protection equivalent to United States requirements.
Amends the Poultry Products Inspection Act to provide similar provisions for poultry or poultry products.
Provides for: (1) public participation in equivalency decisions; and (2) public disclosure of noncomplying foreign exporting plants and foreign country rejection rates. | {"src": "billsum_train", "title": "Ensuring the Safety of Imported Meat and Poultry Act of 1999"} | 1,805 | 132 | 0.517248 | 1.513558 | 0.589863 | 2.722222 | 16.407407 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HMO Solvency Act of 2000''.
SEC. 2. ASSURING THE SOLVENCY OF MEDICAID MANAGED CARE ORGANIZATIONS.
(a) Medicaid Program.--Section 1932(b) of the Social Security Act
(42 U.S.C. 1396u-2(b)) is amended by adding at the end the following
new paragraph:
``(9) Solvency-related requirements.--
``(A) Periodic reporting.--Each medicaid managed
care organization shall submit to the State not less
often than each quarter (or such more frequent basis as
a State may specify) such financial reports as may be
necessary to monitor the financial stability of the
organization and provide an early warning of any risk
of insolvency. The State shall review the reports so
submitted and shall determine the appropriate course of
action based upon such review.
``(B) Audits.--
``(i) Preapproval independent audit of
operations.--Before a State enters into a
contract under section 1903(m) (on and after
the effective date of this subparagraph) with a
medicaid managed care organization, the
organization shall provide for such on-site
audit as the Secretary shall require to
evaluate its internal structure upon which the
organization's financial projections are based.
Such audit shall be undertaken by an
independent entity (which may be an appropriate
State agency) with such qualifications as the
Secretary shall specify. The audit shall
include at least a review of the organization's
claims processing capability and utilization
management and accounting functions and shall
focus on the key business risks the
organization is facing, including regulatory
risks, competition, provider network, pricing,
claims processing environment, reserves, and
information system integrity.
``(ii) Periodic audits under a state audit
plan.--Each medicaid managed care organization
shall provide for such periodic audits as the
State shall require under an audit plan
designed by the State and approved by the
Secretary. The frequency of such audits shall
take into account changes in subcontracting by,
and ownership of, the organization.
``(C) Minimum net worth in cash or cash
equivalents.--Each medicaid managed care organization
shall maintain, on an ongoing basis, such minimum net
worth (in cash or cash equivalents) in such amount,
form, and manner as the State shall specify, consistent
with guidelines established by the Secretary. The State
may permit the minimum net worth requirement to be met
through a written guarantee by a guarantor that meets
such requirements as the State shall specify consistent
with such guidelines.
``(D) Approval of certain subcontractors.--In the
case of a medicaid managed care organization that
proposes to enter into (on and after the effective date
of this subparagraph) a subcontract with another entity
to provide health care services to enrollees under this
title, to perform health care provider reimbursement
under this title, or to carry out other functions of
the organization under this title that have a direct
impact on enrollees--
``(i) the organization shall provide notice
(and a copy of the contract) to the State at
least 90 days before the date it is entered
into; and
``(ii) before the subcontract takes effect,
the organization shall provide for an
independent audit of the proposed subcontractor
to establish that the subcontractor will be
able to provide the services under the
subcontract and to guarantee its performance
financially in a manner satisfactory to the
State.
``(E) Reporting of significant changes in ownership
or scope of operations.--Each medicaid managed care
organization shall provide for such timely reports to
the State of such significant changes in the ownership
of the organization, or of the scope of operations of
the organization, including by takeover or merger, as
the State shall require in order to appropriately
assure the continuing solvency of the organization
after the date such changes take effect.
``(F) Federal solvency standards.--Each medicaid
managed care organization shall comply with, and each
State shall apply, such additional solvency standards
as the Secretary may establish to carry out this
paragraph.
``(G) Application of certain requirements to
controlling organizations and entities.--In the case of
a medicaid managed care organization that is
substantially owned or controlled by another
organization or entity, subparagraphs (A), (C), (E),
and (as appropriate) (F) shall apply to such other
organization or entity as well as to the medicaid
managed care organization.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendment
made by subsection (a) applies as of such date (not later than
6 months after the date of the enactment of this Act) as the
Secretary of Health and Human Services shall specify.
(2) Transition.--The Secretary--
(A) may delay the effective date of such amendment
in the case of a State that requires the enactment of
legislation (other than legislation appropriating
funds) in order for the State medicaid plan under title
XIX of the Social Security Act to meet the additional
requirements imposed by such amendment; and
(B) may permit medicaid managed care organizations
that are operating as of the effective date of such
amendment such additional time as might be appropriate
to meet the additional requirement of section
1932(b)(9)(C) of the Social Security Act (relating to
minimum net worth), as added by such amendment.
SEC. 3. ASSURING THE SOLVENCY OF MEDICARE+CHOICE ORGANIZATIONS.
(a) Application to Medicare+Choice Organizations.--Section 1855 of
the Social Security Act (42 U.S.C. 1395w-25) is amended by adding at
the end the following new subsection:
``(e) Solvency-Related Requirements.--
``(1) In general.--Except as provided in this subsection,
the requirements of section 1932(b)(9) shall apply to
Medicare+Choice organizations in the same manner as they apply
to medicaid managed care organizations except that, for
purposes of this subsection, any reference in such section to a
State, title XIX, or a contract under section 1903(m) is deemed
a reference to the Secretary, this title, and a contract under
section 1857, respectively.
``(2) Recognition of state enforcement.--Insofar as the
Secretary finds that a State under section 1932(b)(9) is
applying to a Medicare+Choice organization the requirements of
such section and the organization meets such requirements, the
Secretary shall deem the organization as meeting the comparable
requirements that would otherwise be imposed under paragraph
(1).
``(3) Relation to other requirements.--The Secretary shall
waive the application of a requirement of paragraph (1) to an
organization insofar as the Secretary finds that the
application of the requirement would be duplicative of other,
similar requirements of this part and would not provide greater
protection to Medicare+Choice enrollees.''.
(b) Application to Other Organizations Providing Medicare Benefits
on a Capitated Basis.--The Secretary of Health and Human Services shall
provide for the application of the requirement of section 1855(e) of
the Social Security Act (as added by subsection (a)) to organizations
(other than Medicare+Choice organizations) that receive payment on a
capitated basis for provision of services under title XVIII of the
Social Security Act.
(c) Effective Date.--The Secretary of Health and Human Services
shall implement the amendment made by subsection (a) and shall
implement subsection (b) in a manner similar to the manner in which the
amendment made by section 2(a) becomes effective under paragraphs (1)
and (2)(B) of section 2(b).
SEC. 4. REPORT ON PROTECTION OF HEALTH CARE PROVIDERS IN CASE OF PLAN
INSOLVENCY.
The Secretary of Health and Human Services shall report to
Congress, not later than 1 year after the date of the enactment of this
Act, on--
(1) the steps States are taking to guaranty that, in the
event of insolvency of a medicaid managed care organization
that offers coverage under the medicaid program or a
Medicare+Choice organization that offers a Medicare+Choice
plan, health care providers will be protected from financial
losses; and
(2) what additional steps the Secretary deems appropriate
for States or the Federal Government to take to protect health
care providers in the event of such an insolvency. | Amends part C (Medicare+Choice) of SSA title XVIII (Medicare) to establish solvency-related requirements for application to Medicare+Choice organizations.
Directs the Secretary of Health and Human Services to: (1) provide for the application of such requirements to organizations other than Medicare+Choice organizations that receive payment on a capitated basis for provision of Medicare services; and (2) report to Congress on protection of health care providers in the event of insolvency. | {"src": "billsum_train", "title": "HMO Solvency Act of 2000"} | 1,883 | 106 | 0.419837 | 1.078314 | 0.343573 | 3.392857 | 19.928571 | 0.964286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Sector Preparedness Act of
2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Private sector organizations own 85 percent of the
Nation's infrastructure facilities and employ the vast majority
of the Nation's employees. The resources of these
organizations, including property and personnel, can be
coordinated in an emergency situation more efficiently than the
population in general.
(2) Private sector organizations are often unprepared for
emergencies, whether resulting from a natural disaster or a
terrorist incident. Although there have been exemplary efforts
by select private sector organizations, emergency preparedness
is not generally a priority for these organizations.
(3) The hearings of and testimony before the National
Commission on Terrorist Attacks Upon the United States
demonstrated that the lack of emergency preparedness and
evacuation planning, training, and exercises by private sector
organizations may have contributed to additional casualties at
the World Trade Center on September 11, 2001.
(4) Although there may be an interest in promoting
emergency preparedness within private sector organizations,
there remains uncertainty and confusion as to the definition of
appropriate and adequate preparedness and what actions these
organizations should take.
(5) Identifying standards and best practices is necessary
to promote emergency preparedness by private sector
organizations, in addition to educational activities to
effectively communicate such standards and best practices.
SEC. 3. PRIVATE SECTOR EMERGENCY PREPAREDNESS PROGRAM.
(a) Establishment of Preparedness Program.--Title V of the Homeland
Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the
end the following:
``SEC. 510. PRIVATE SECTOR EMERGENCY PREPAREDNESS PROGRAM.
``(a) Preparedness Program.--Not later than 90 days after the date
of enactment of this section, the Secretary shall develop and implement
a program to enhance private sector preparedness for emergencies and
disasters, including emergencies resulting from acts of terrorism.
``(b) Program Elements.--In carrying out the program, the Secretary
shall develop guidance and identify best practices to assist or foster
action by the private sector in--
``(1) identifying hazards and assessing risks and impacts;
``(2) mitigating the impacts of a wide variety of hazards,
including weapons of mass destruction;
``(3) managing necessary emergency preparedness and
response resources;
``(4) developing mutual aid agreements;
``(5) developing and maintaining emergency preparedness and
response plans, as well as associated operational procedures;
``(6) developing and maintaining communications and warning
systems;
``(7) developing and conducting training and exercises to
support and evaluate emergency preparedness and response plans
and operational procedures;
``(8) developing and conducting training programs for
security guards to implement emergency preparedness and
response plans and operations procedures; and
``(9) developing procedures to respond to external requests
for information from the media and the public.
``(c) Standards.--
``(1) In general.--The Secretary shall support the
development of, promulgate, and regularly update as necessary
national voluntary consensus standards for private sector
emergency preparedness that will enable private sector
organizations to achieve optimal levels of emergency
preparedness as soon as practicable. Such standards include the
National Fire Protection Association 1600 Standard on Disaster/
Emergency Management and Business Continuity Programs.
``(2) Consultation.--The Secretary shall carry out
paragraph (1) in consultation with the Under Secretary for
Emergency Preparedness and Response, the Under Secretary for
Science and Technology, the Under Secretary for Information
Analysis and Infrastructure Protection, and the Special
Assistant to the Secretary for the Private Sector.
``(d) Coordination.--The Secretary shall coordinate the program
with, and utilize to the maximum extent practicable--
``(1) the voluntary standards for disaster and emergency
management and business continuity programs developed by the
American National Standards Institute and the National Fire
Protection Association; and
``(2) any existing private sector emergency preparedness
guidance or best practices developed by private sector industry
associations or other organizations.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of such Act (116 Stat. 2135) is amended by inserting after
the item relating to section 509 the following:
``Sec. 510. Private sector emergency preparedness program.''. | Private Sector Preparedness Act of 2004 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and implement a program to enhance private sector preparedness for emergencies and disasters, including acts of terrorism.
Directs the Secretary to develop guidance and identify best practices for private sector action in: (1) identifying hazards and assessing and mitigating risks and impacts; (2) managing emergency preparedness and response resources; (3) developing mutual aid agreements; (4) developing and maintaining emergency preparedness and response plans, including operational procedures, and communications and warning systems; (5) developing and conducting training and exercises to support and implement such plans and procedures; and (6) developing procedures to respond to requests for information from the media and the public.
Directs the Secretary to: (1) support the development of, promulgate, and regularly update national voluntary consensus standards for private sector emergency preparedness; and (2) coordinate the program with and utilize voluntary standards for disaster and emergency management and business continuity programs developed by the American National Standards Institute and the National Fire Protection Association, and any existing private sector emergency preparedness guidance or best practices developed by industry organizations. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and implement a program to enhance private sector preparedness for emergencies and disasters."} | 938 | 236 | 0.676897 | 1.86821 | 1.20703 | 4.550218 | 3.921397 | 0.978166 |
SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO NATIONAL
FOREST, CALIFORNIA.
(a) Conveyance Required.--Subject to valid existing rights and
settlement of claims as provided in this section, the Secretary of
Agriculture shall convey to KATY 101.3 FM (in this section referred to
as ``KATY'') all right, title and interest of the United States in and
to a parcel of real property consisting of approximately 1.06 acres
within the San Bernardino National Forest in Riverside County,
California, generally located in the north \1/2\ of section 23,
township 5 south, range 2 east, San Bernardino meridian.
(b) Legal Description.--The Secretary and KATY shall, by mutual
agreement, prepare the legal description of the parcel of real property
to be conveyed under subsection (a), which is generally depicted as
Exhibit A-2 in an appraisal report of the subject parcel dated August
26, 1999, by Paul H. Meiling.
(c) Consideration.--Consideration for the conveyance under
subsection (a) shall be equal to the appraised fair market value of the
parcel of real property to be conveyed. Any appraisal to determine the
fair market value of the parcel shall be prepared in conformity with
the Uniform Appraisal Standards for Federal Land Acquisition and
approved by the Secretary.
(d) Settlement.--In addition to the consideration referred to in
subsection (c), upon the receipt of $16,600 paid by KATY to the
Secretary, the Secretary shall release KATY from any and all claims of
the United States arising from the occupancy and use of the San
Bernardino National Forest by KATY for communication site purposes.
(e) Access Requirements.--Notwithstanding section 1323(a) of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or
any other law, the Secretary is not required to provide access over
National Forest System lands to the parcel of real property to be
conveyed under subsection (a).
(f) Administrative Costs.--Any costs associated with the creation
of a subdivided parcel, recordation of a survey, zoning, and planning
approval, and similar expenses with respect to the conveyance under
this section, shall be borne by KATY.
(g) Assumption of Liability.--By acceptance of the conveyance of
the parcel of real property referred to in subsection (a), KATY, and
its successors and assigns will indemnify and hold harmless the United
States for any and all liability to General Telephone and Electronics
Corporation (also known as ``GTE'') KATY, and any third party that is
associated with the parcel, including liability for any buildings or
personal property on the parcel belonging to GTE and any other third
parties.
(h) Treatment of Receipts.--All funds received pursuant to this
section shall be deposited in the fund established under Public Law 90-
171 (16 U.S.C. 484a; commonly known as the Sisk Act), and the funds
shall remain available to the Secretary, until expended, for the
acquisition of lands, waters, and interests in land for the inclusion
in the San Bernardino National Forest.
(i) Receipts Act Amendment.--The Act of June 15, 1938 (Chapter
438:52 Stat. 699), as amended by the Acts of May 26, 1944 (58 Stat.
227), is further amended--
(1) by striking the comma after the words ``Secretary of
Agriculture'';
(2) by striking the words ``with the approval of the National
Forest Reservation Commission established by section 4 of the Act
of March 1, 1911 (16 U.S.C. 513),'';
(3) by inserting the words ``, real property or interests in
lands,'' after the word ``lands'' the first time it is used;
(4) by striking ``San Bernardino and Cleveland'' and inserting
``San Bernardino, Cleveland and Los Angeles'';
(5) by striking ``county of Riverside'' each place it appears
and inserting ``counties of Riverside and San Bernardino'';
(6) by striking ``as to minimize soil erosion and flood
damage'' and inserting ``for National Forest System purposes''; and
(7) after the ``Provided further, That'', by striking the
remainder of the sentence to the end of the paragraph, and
inserting ``twelve and one-half percent of the monies otherwise
payable to the State of California for the benefit of San
Bernardino County under the aforementioned Act of March 1, 1911 (16
U.S.C. 500) shall be available to be appropriated for expenditure
in furtherance of this Act.''.
SEC. 2. SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT
CLARIFYING AMENDMENTS.
The Santa Rosa and San Jacinto Mountains National Monument Act of
2000 is amended as follows:
(1) In the second sentence of section 2(d)(1), by striking
``and the Committee on Agriculture, Nutrition, and Forestry''.
(2) In the second sentence of section 4(a)(3), by striking
``Nothing in this section'' and inserting ``Nothing in this Act''.
(3) In section 4(c)(1), by striking ``any person, including''.
(4) In section 5, by adding at the end the following:
``(j) Wilderness Protection.--Nothing in this Act alters the
management of any areas designated as Wilderness which are within the
boundaries of the National Monument. All such areas shall remain
subject to the Wilderness Act (16 U.S.C. 1131 et seq.), the laws
designating such areas as Wilderness, and other applicable laws. If any
part of this Act conflicts with any provision of those laws with
respect to the management of the Wilderness areas, such provision shall
control.''.
SEC. 3. TECHNICAL CORRECTION.
The Santo Domingo Pueblo Claims Settlement Act of 2000 is amended
by adding at the end:
``SEC. 7. MISCELLANEOUS PROVISIONS.
``(a) Exchange of Certain Lands with New Mexico.--
``(1) In general.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall acquire by exchange the
State of New Mexico trust lands located in township 16 north, range
4 east, section 2, and all interests therein, including
improvements, mineral rights and water rights.
``(2) Use of other lands.--In acquiring lands by exchange under
paragraph (1), the Secretary may utilize unappropriated public
lands within the State of New Mexico.
``(3) Value of lands.--The lands exchanged under this
subsection shall be of approximately equal value, and the Secretary
may credit or debit the ledger account established in the
Memorandum of Understanding between the Bureau of Land Management,
the New Mexico State Land Office, and the New Mexico Commissioner
of Public Lands, in order to equalize the values of the lands
exchanged.
``(4) Conveyance.--
``(A) By secretary.--Upon the acquisition of lands under
paragraph (1), the Secretary shall convey all title and
interest to such lands to the Pueblo by sale, exchange or
otherwise, and the Pueblo shall have the exclusive right to
acquire such lands.
``(B) By pueblo.--Upon the acquisition of lands under
subparagraph (A), the Pueblo may convey such land to the
Secretary who shall accept and hold such lands in trust for the
benefit of the Pueblo.
``(b) Other Exchanges of Land.--
``(1) In general.--In order to further the purposes of this
Act--
``(A) the Pueblo may enter into agreements to exchange
restricted lands for lands described in paragraph (2); and
``(B) any land exchange agreements between the Pueblo and
any of the parties to the action referred to in paragraph (2)
that are executed not later than December 31, 2001, shall be
deemed to be approved.
``(2) Lands.--The land described in this paragraph is the land,
title to which was at issue in Pueblo of Santo Domingo v. Rael
(Civil No. 83-1888 (D.N.M.)).
``(3) Land to be held in trust.--Upon the acquisition of lands
under paragraph (1), the Pueblo may convey such land to the
Secretary who shall accept and hold such lands in trust for the
benefit of the Pueblo.
``(4) Rule of construction.--Nothing in this subsection shall
be construed to limit the provisions of section 5(a) relating to
the extinguishment of the land claims of the Pueblo.
``(c) Approval of Certain Resolutions.--All agreements,
transactions, and conveyances authorized by Resolutions 97-010 and C22-
99 as enacted by the Tribal Council of the Pueblo de Cochiti, and
Resolution S.D. 12-99-36 as enacted by the Tribal Council of the Pueblo
of Santo Domingo, pertaining to boundary disputes between the Pueblo de
Cochiti and the Pueblo of Santo Domingo, are hereby approved, including
the Pueblo de Cochiti's agreement to relinquish its claim to the
southwest corner of its Spanish Land Grant, to the extent that such
land overlaps with the Santo Domingo Pueblo Grant, and to disclaim any
right to receive compensation from the United States or any other party
with respect to such overlapping lands.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the Secretary, upon the receipt of a specified payment by KATY, to release KATY from any and all claims of the United States arising from the occupancy and use of the San Bernardino National Forest by KATY for communication site purposes. Declares that by acceptance of such conveyance, KATY and its successors and assigns, will indemnify and hold harmless the United States for any and all liability to General Telephone and Electronics Corporation (GTE), KATY, and any third party that is associated with such parcel, including liability for any buildings or personal property on it belonging to GTE and any other third parties. Requires all funds received pursuant to this Act to be deposited in the fund established under the Sisk Act, and to remain available to the Secretary for the acquisition of lands, waters, and interests in land for inclusion in the San Bernardino National Forest.
Amends a certain receipts Act to: (1) authorize the Secretary to acquire by purchase lands, real property or interests in lands within the boundaries of the San Bernardino, Cleveland, and Los Angeles National Forests California; (2) require such lands, real property or interests to be managed for National Forest System purposes; and (3) provide for a specified percentage of the monies otherwise payable to California for the benefit of San Bernardino County to be available to be appropriated for expenditure in furtherance of such Act.
(Sec. 2) Amends the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 to: (1) eliminate the requirement that the Secretary of the Interior submit legal descriptions of the boundaries of the National Monument to the Senate Committee on Agriculture, Nutrition, and Forestry; and (2) allow the Secretaries of Agriculture and the Interior to enter into certain cooperative agreements and shared management arrangements with the Agua Caliente Band of Cahuilla Indians (currently with any person, including such Indians).
(Sec. 3) Amends the Santo Domingo Pueblo Claims Settlement Act of 2000 to direct the Secretary of the Interior to acquire by exchange specified New Mexico trust lands and interests, including improvements, mineral rights, and water rights.
Requires the Secretary to convey such lands to the Pueblo of Santo Domingo and grants the Pueblo the exclusive right to acquire such lands.
Permits the Pueblo to enter into agreements to exchange restricted lands for lands title to which was at issue in Pueblo of Santo Domingo v. Rael and deems to be approved any land exchange agreements between the Pueblo and any of the parties to such action that are executed not later than December 31, 2001.
Approves all agreements, transactions, and conveyances authorized by specified boundary dispute resolutions as enacted by the Tribal Council of the Pueblo de Cochiti and the Tribal Council of the Pueblo. | {"src": "billsum_train", "title": "To provide for the conveyance of a small parcel of public domain land in the San Bernardino National Forest in the State of California, and for other purposes."} | 2,223 | 633 | 0.530738 | 2.05189 | 0.648608 | 4.741379 | 3.630268 | 0.917625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Community Service
Commemorative Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 $1 coins to commemorate students who volunteer to
perform community service, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins issued under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for the coins minted under this
Act only from stockpiles established under the Strategic and Critical
Minerals Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of community services provided by
student volunteers.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1996''; 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 authorized by this Act
shall be--
(1) selected by the Secretary after consultation with the
National Community Service Trust and the Commission of Fine
Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary shall issue coins minted
under this Act for a period of not less than 6 months and not more than
12 months, beginning no later than August 1, 1996.
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 subsection (c) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the National Community Service Trust for the purpose of
funding innovative community service programs at American universities,
including the service, research, and teaching activities of faculty and
students involved in such programs.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the National Community Service Trust as may be related to the
expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(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. | National Community Service Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins to commemorate students who volunteer to perform community service.
Mandates that all surcharges received from such coin sales be paid to the National Community Service Trust to fund innovative community service programs at American universities, including the service, research, and teaching activities of the faculty and students involved in such programs. | {"src": "billsum_train", "title": "National Community Service Commemorative Coin Act"} | 1,205 | 85 | 0.488482 | 1.197698 | 0.616585 | 4.519481 | 13.909091 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organ Donation Awareness and
Promotion Act of 2015''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In May 2015, over 123,400 individuals were on the
official waiting list for organ donation managed by the Organ
Procurement and Transplantation Network.
(2) In 2014, the most recent year for which complete data
are available, 14,413 individuals became organ donors leading
to 29,531 transplants, while 6,198 individuals died while
waiting for a transplant.
(3) On average, 21 people die every day of every year while
waiting for an organ donation.
(4) Over 100,000,000 people in the United States are
registered to be organ and tissue donors, yet the demand for
donated organs still outweighs the supply of organs made
available each day.
(5) Many people do not know about their options for organ
and tissue donation, or have not made their wishes clear to
their families.
(6) Organ and tissue donation can give meaning to the
tragic loss of a loved one by enabling up to eight people to
receive the gift of life from a single deceased donor.
(7) Living donors can donate a kidney or a portion of a
lung or liver to save the life of another individual.
SEC. 3. SENSE OF CONGRESS.
(a) Public Awareness of Need for Organ Donation.--It is the sense
of Congress that the Federal Government should carry out programs to
educate the public with respect to organ donation, including the need
to provide for an adequate rate of such donations.
(b) Family Discussions of Organ Donations.--It is the sense of
Congress that individuals pledging to share their lives as organ and
tissue donors should be honored, and the importance of discussing an
individual's wishes regarding organ and tissue donation with family
members should be encouraged.
(c) Deceased Donations of Organs.--It is the sense of Congress to--
(1) recognize the generous gift of life provided by
individuals who indicate their wish to become organ donors;
(2) acknowledge the grief of families facing the loss of a
loved one; and
(3) commend those families who, in their grief, choose to
donate the organs of their deceased family member.
(d) Living Donations of Organs.--It is the sense of Congress to--
(1) recognize the generous contribution made by each living
individual who has donated an organ to save a life;
(2) acknowledge the advances in medical technology that
have enabled organ transplantation with organs donated by
living individuals to become a viable treatment option for an
increasing number of patients; and
(3) commend the medical professionals and organ
transplantation experts who have worked to improve the process
of living organ donation and increase the number of living
donors.
SEC. 4. ORGAN DONATION PUBLIC AWARENESS PROGRAM, STUDIES AND
DEMONSTRATIONS.
Section 377A of the Public Health Service Act (42 U.S.C. 274f-1) is
amended to read as follows:
``SEC. 377A. PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS.
``(a) Organ Donation Public Awareness Program.--The Secretary
shall, directly or through grants or contracts, establish a public
education program in cooperation with existing national public
awareness campaigns to increase awareness about organ donation and the
need to provide for an adequate rate of such donations.
``(b) Studies and Demonstrations.--The Secretary may make peer-
reviewed grants to, or enter into peer-reviewed contracts with, public
and nonprofit private entities for the purpose of carrying out studies
and demonstration projects to increase organ donation and recovery
rates, including living donation.
``(c) Grants to States.--
``(1) In general.--The Secretary may make grants to States
for the purpose of assisting States in carrying out organ donor
awareness, public education, and outreach activities and
programs designed to increase the number of organ donors within
the State, including living donors.
``(2) Eligibility.--To be eligible to receive a grant under
this subsection, a State shall--
``(A) submit an application to the Department in
the form prescribed;
``(B) establish yearly benchmarks for improvement
in organ donation rates in the State; and
``(C) report to the Secretary on an annual basis a
description and assessment of the State's use of funds
received under this subsection, accompanied by an
assessment of initiatives for potential replication in
other States.
``(3) Use of funds.--Funds received under this subsection
may be used by the State, or in partnership with other public
agencies or private sector institutions, for education and
awareness efforts, information dissemination, activities
pertaining to the State donor registry, and other innovative
donation specific initiatives, including living donation.
``(d) Educational Activities.--The Secretary, in coordination with
the Organ Procurement and Transplantation Network and other appropriate
organizations, shall support the development and dissemination of
educational materials to inform health care professionals and other
appropriate professionals in issues surrounding organ, tissue, and eye
donation including evidence-based proven methods to approach patients
and their families, cultural sensitivities, and other relevant issues.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) for the Organ Donation Public Awareness Program under
subsection (a), $5,000,000 for each of fiscal years 2015
through 2019;
``(2) for the studies and demonstrations under subsection
(b), $5,000,000 for each of fiscal years 2015 through 2019;
``(3) for the grants to States under subsection (c),
$5,000,000 for each of fiscal years 2015 through 2019; and
``(4) for the educational activities under subsection (d),
$5,000,000 for each of fiscal years 2015 through 2019.''. | Organ Donation Awareness and Promotion Act of 2015 This bill expresses the sense of Congress that: (1) the federal government should carry out programs to educate the public with respect to organ donation, and (2) organ and tissue donors should be honored. The bill amends the Public Health Service Act to authorize the appropriation of specified amounts for FY2015-FY2019 for: (1) the Organ Donation Public Awareness Program; (2) studies and demonstration projects to increase organ donation and recovery rates; (3) grants to assist states in carrying out organ donor awareness, public education, and outreach activities and programs designed to increase the number of organ donors within the state; and (4) support for the development and dissemination of educational materials to inform health care and other appropriate professionals in issues surrounding organ, tissue, and eye donation. | {"src": "billsum_train", "title": "Organ Donation Awareness and Promotion Act of 2015"} | 1,244 | 161 | 0.594387 | 1.474959 | 0.7618 | 5.118012 | 7.416149 | 0.931677 |
TITLE I--REFINERY STREAMLINED PERMITTING
SEC. 101. SHORT TITLE.
This title may be cited as the ``Refinery Streamlined Permitting
Act of 2012''.
SEC. 102. REVIEW PROCESS STREAMLINING.
(a) Assistance to States.--The Secretary of Energy shall offer to
States assistance to enable the States to assign responsibilities
delegated to the States, under Federal laws relating to the
construction or expansion of a petroleum refining facility, in a
coordinated and expeditious manner.
(b) Memorandum of Understanding.--All Federal agencies, and all
State agencies to which responsibilities are delegated under Federal
law, responsible for approving a permit or other Federal authorization
for the construction or expansion of a petroleum refining facility
shall enter into a memorandum of understanding with respect to that
facility, or proposed facility, that clearly defines all actions
required to be taken for Federal permit review and approval. The
memorandum of understanding shall identify areas where Federal and
State agencies can exercise discretion, and where multiple levels of
review on permitting decisions can be coordinated, to enable a more
expeditious review process.
(c) Approval Deadline.--Notwithstanding any other provision of law,
a Federal agency, and a State agency to which responsibilities are
delegated under Federal law, shall take final action to approve or
disapprove an application under Federal law for the construction or
expansion of a petroleum refining facility not later than 1 year after
receipt of a complete application for such approval.
(d) Priority Projects.--A Federal agency, and a State agency to
which responsibilities are delegated under Federal law, shall give high
priority to expediting an application under Federal law for the
construction or expansion of a petroleum refining facility that would--
(1) allow for production of cleaner burning fuel;
(2) result in increased refining capacity; or
(3) result in a reduction in a refinery's pollution output.
SEC. 103. STATEMENT OF ENERGY EFFECTS.
(a) Preparation.--
(1) Requirement.--An agency shall prepare and submit a
Statement of Energy Effects to the Administrator of the Office
of Information and Regulatory Affairs, Office of Management and
Budget, for each proposed significant energy action.
(2) Contents.--A Statement of Energy Effects shall consist
of a detailed statement by the agency responsible for the
significant energy action relating to--
(A) any adverse effects on energy supply,
distribution, or use (including a shortfall in supply,
price increases, and increased use of foreign supplies)
should the proposal be implemented; and
(B) reasonable alternatives to the action with
adverse energy effects, and the expected effects of
such alternatives on energy supply, distribution, and
use.
(3) Guidance and consultation.--The Administrator of the
Office of Information and Regulatory Affairs shall provide
guidance to the agencies on the implementation of this section
and shall consult with other agencies as appropriate in the
implementation of this section.
(b) Publication.--Agencies shall publish their Statements of Energy
Effects, or a summary thereof, in each related Notice of Proposed
Rulemaking and in any resulting Final Rule.
(c) Definitions.--For purposes of this section--
(1) the term ``agency'' has the meaning given that term in
section 3502(1) of title 44, United States Code, except that
the term does not include an independent regulatory agency, as
defined in paragraph (5) of that section; and
(2) the term ``significant energy action'' means any action
by an agency that is expected to lead to promulgation of a
final rule or regulation and that--
(A) is likely to have a significant adverse effect
on the supply, distribution, or use of energy; or
(B) is designated by the Administrator of the
Office of Information and Regulatory Affairs as a
significant energy action.
TITLE II--REFINING CAPACITY ON CLOSED MILITARY INSTALLATIONS
SEC. 201. DEFINITIONS.
For purposes of this title--
(1) the term ``base closure law'' means the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) and title II of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note);
(2) the term ``closed military installation'' means a
military installation closed or approved for closure pursuant
to a base closure law;
(3) the term ``designated refinery'' means a refinery
designated under section 202(a);
(4) the term ``Federal refinery authorization''--
(A) means any authorization required under Federal
law, whether administered by a Federal or State
administrative agency or official, with respect to
siting, construction, expansion, or operation of a
refinery; and
(B) includes any permits, special use
authorizations, certifications, opinions, or other
approvals required under Federal law with respect to
siting, construction, expansion, or operation of a
refinery;
(5) the term ``refinery'' means--
(A) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
crude oil by any chemical or physical process,
including distillation, fluid catalytic cracking,
hydrocracking, coking, alkylation, etherification,
polymerization, catalytic reforming, isomerization,
hydrotreating, blending, and any combination thereof,
in order to produce gasoline or other fuel; or
(B) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
coal by any chemical or physical process, including
liquefaction, in order to produce gasoline, diesel, or
other liquid fuel as its primary output;
(6) the term ``Secretary'' means the Secretary of Energy;
and
(7) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
SEC. 202. STATE PARTICIPATION AND PRESIDENTIAL DESIGNATION.
(a) Designation Requirement.--Not later than 90 days after the date
of enactment of this Act, the President shall designate no less than 3
closed military installations, or portions thereof, subject to
subsection (c)(2), that are appropriate for the purposes of siting a
refinery.
(b) Analysis of Refinery Sites.--In considering any site for
possible designation under subsection (a), the President shall conduct
an analysis of--
(1) the availability of crude oil supplies to the site,
including supplies from domestic production of shale oil and
tar sands and other strategic unconventional fuels;
(2) the distribution of the Nation's refined petroleum
product demand;
(3) whether such site is in close proximity to substantial
pipeline infrastructure, including both crude oil and refined
petroleum product pipelines, and potential infrastructure
feasibility;
(4) the need to diversify the geographical location of the
domestic refining capacity;
(5) the effect that increased refined petroleum products
from a refinery on that site may have on the price and supply
of gasoline to consumers;
(6) the impact of locating a refinery on the site on the
readiness and operations of the Armed Forces; and
(7) such other factors as the President considers
appropriate.
(c) Sale or Disposal.--
(1) Designation.--Except as provided in paragraph (2),
until the expiration of 2 years after the date of enactment of
this Act, the Federal Government shall not sell or otherwise
dispose of the military installations designated pursuant to
subsection (a).
(2) Governor's objection.--No site may be used for a
refinery under this title if, not later than 60 days after
designation of the site under subsection (a), the Governor of
the State in which the site is located transmits to the
President an objection to the designation, unless, not later
than 60 days after the President receives such objection, the
Congress has by law overridden the objection.
(d) Redevelopment Authority.--With respect to a closed military
installation, or portion thereof, designated by the President as a
potentially suitable refinery site pursuant to subsection (a)--
(1) the redevelopment authority for the installation, in
preparing or revising the redevelopment plan for the
installation, shall consider the feasibility and practicability
of siting a refinery on the installation; and
(2) the Secretary of Defense, in managing and disposing of
real property at the installation pursuant to the base closure
law applicable to the installation, shall give substantial
deference to the recommendations of the redevelopment
authority, as contained in the redevelopment plan for the
installation, regarding the siting of a refinery on the
installation.
SEC. 203. PROCESS COORDINATION AND RULES OF PROCEDURE.
(a) Designation as Lead Agency.--
(1) In general.--The Department of Energy shall act as the
lead agency for the purposes of coordinating all applicable
Federal refinery authorizations and related environmental
reviews with respect to a designated refinery.
(2) Other agencies.--Each Federal and State agency or
official required to provide a Federal refinery authorization
shall cooperate with the Secretary and comply with the
deadlines established by the Secretary.
(b) Schedule.--
(1) Secretary's authority to set schedule.--The Secretary
shall establish a schedule for all Federal refinery
authorizations with respect to a designated refinery. In
establishing the schedule, the Secretary shall--
(A) ensure expeditious completion of all such
proceedings; and
(B) accommodate the applicable schedules
established by Federal law for such proceedings.
(2) Failure to meet schedule.--If a Federal or State
administrative agency or official does not complete a
proceeding for an approval that is required for a Federal
refinery authorization in accordance with the schedule
established by the Secretary under this subsection, the
applicant may pursue remedies under subsection (d).
(c) Consolidated Record.--The Secretary shall, with the cooperation
of Federal and State administrative agencies and officials, maintain a
complete consolidated record of all decisions made or actions taken by
the Secretary or by a Federal administrative agency or officer (or
State administrative agency or officer acting under delegated Federal
authority) with respect to any Federal refinery authorization. Such
record shall be the record for judicial review under subsection (d) of
decisions made or actions taken by Federal and State administrative
agencies and officials, except that, if the Court determines that the
record does not contain sufficient information, the Court may remand
the proceeding to the Secretary for further development of the
consolidated record.
(d) Judicial Review.--
(1) In general.--The United States Court of Appeals for the
District of Columbia shall have original and exclusive
jurisdiction over any civil action for the review of--
(A) an order or action, related to a Federal
refinery authorization, by a Federal or State
administrative agency or official; and
(B) an alleged failure to act by a Federal or State
administrative agency or official acting pursuant to a
Federal refinery authorization.
The failure of an agency or official to act on a Federal
refinery authorization in accordance with the Secretary's
schedule established pursuant to subsection (b) shall be
considered inconsistent with Federal law for the purposes of
paragraph (2) of this subsection.
(2) Court action.--If the Court finds that an order or
action described in paragraph (1)(A) is inconsistent with the
Federal law governing such Federal refinery authorization, or
that a failure to act as described in paragraph (1)(B) has
occurred, and the order, action, or failure to act would
prevent the siting, construction, expansion, or operation of
the designated refinery, the Court shall remand the proceeding
to the agency or official to take appropriate action consistent
with the order of the Court. If the Court remands the order,
action, or failure to act to the Federal or State
administrative agency or official, the Court shall set a
reasonable schedule and deadline for the agency or official to
act on remand.
(3) Secretary's action.--For any civil action brought under
this subsection, the Secretary shall promptly file with the
Court the consolidated record compiled by the Secretary
pursuant to subsection (c).
(4) Expedited review.--The Court shall set any civil action
brought under this subsection for expedited consideration.
(5) Attorney's fees.--In any action challenging a Federal
refinery authorization that has been granted, reasonable
attorney's fees and other expenses of litigation shall be
awarded to the prevailing party. This paragraph shall not apply
to any action seeking remedies for denial of a Federal refinery
authorization or failure to act on an application for a Federal
refinery authorization. | Refinery Streamlined Permitting Act of 2012 - Directs the Secretary of Energy (DOE) to offer assistance to states to enable them to assign responsibilities delegated to them under federal law regarding coordinated and expeditious construction or expansion of a petroleum refining facility.
Requires all federal agencies and state agencies responsible for approving federal authorization for the construction or expansion of such a facility to: (1) enter into a memorandum of understanding that clearly defines all actions required to be taken for federal permit review and approval; (2) take final action to approve or disapprove the application within one year after receipt of a completed application; (3) give high priority to expediting an application for a refining facility that would allow for production of cleaner burning fuel or result in increased refining capacity; and (4) submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), for each proposed significant energy action.
Requires the President to designate at least three closed military installations (or portions of them) appropriate for siting a refinery for gasoline or other fuel.
Designates DOE as the lead agency for coordinating applicable federal refinery authorizations and related environmental reviews with respect to a designated refinery.
Gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction over civil actions relating to federal refinery authorizations. | {"src": "billsum_train", "title": "To provide for streamlining the process of Federal approval for construction or expansion of petroleum refineries, and for other purposes."} | 2,839 | 311 | 0.714983 | 2.282384 | 0.891812 | 4.176923 | 9.873077 | 0.930769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Interoperability
Implementation Act''.
SEC. 2. PUBLIC SAFETY TRUST FUND.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following new section:
``SEC. 106. PUBLIC SAFETY TRUST FUND.
``(a) Establishment.--
``(1) Fund established.--There is hereby established, as a
separate Fund in the Digital Television Transition and Public
Safety Fund (established by section 309(j)(8)(E) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)), the Public
Safety Communications Trust Fund.
``(2) Deposits.--The Fund shall consist of--
``(A) any amounts deposited in the Digital
Television Transition and Public Safety Fund that
remain after--
``(i) the payments required to be made from
the Digital Television Transition and Public
Safety Fund pursuant to sections 3005 through
3012 of the Digital Television Transition and
Public Safety Act of 2005; and
``(ii) the transfer to the general fund of
the Treasury required by section
309(j)(8)(E)(iii) of the Communications Act of
1934 (47 U.S.C. 309(j)(8)(E)(iii));
``(B) the amounts appropriated pursuant to
subsection (f); and
``(C) 50 percent of the proceeds of any auction
conducted after the date of enactment of the Public
Safety Interoperability Implementation Act pursuant to
section 309(j) of the Communications Act of 1934 for
any bands of frequencies other than those described in
paragraph (3), except that such percentage may be
reduced in accordance with paragraph (4).
``(3) Excepted frequencies.--The bands of frequencies
described in this paragraph are the following:
``(A) the 216-220 megahertz band, the 1432-1435
megahertz band, the 1710-1755 megahertz band, and the
2385-2390 megahertz band of frequencies;
``(B) any other band of frequencies reallocated
from Federal use to non-Federal use after January 1,
2003, that is assigned by competitive bidding pursuant
to section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)), except for bands of frequencies
previously identified by the National
Telecommunications and Information Administration in
the Spectrum Reallocation Final Report, NTIA Special
Publication 95-32 (1995); and
``(C) the recovered analog spectrum, as such term
is defined in section 309(j)(15)(C)(vi) of the
Communications Act of 1934.
``(4) Reduction of percentage.--If the board of directors
submits to the Congress a statement that--
``(A) projects that the future needs for grants
under subsection (c) has been reduced to the extent
that the percentage specified in paragraph (2) is
likely to yield a surplus in the Fund beyond the
amounts needed to meet such needs, and
``(B) specifies a lower percentage that the board
estimates to be sufficient to meet such needs (without
yielding a surplus),
paragraph (2) shall be applied to any auction subject to such
paragraph that is conducted after the date of submission of
such statement by substituting such lower percentage for 50
percent.
``(5) Fund availability.--
``(A) Appropriation.--There are hereby appropriated
from the Fund such sums as are authorized by the board
to be disbursed for grants under this section.
``(B) Reversion of unused funds.--Any grant
proceeds that remain unexpended at the end of the grant
period as determined under subsection (c)(3) shall
revert to and be deposited in the Fund.
``(b) Board of Directors.--
``(1) Establishment.--The Fund shall be administered by the
Administrator of the NTIA, in consultation with a board of
directors comprised of 5 members, appointed by the Secretary,
with experience in one or more of the following fields: grant
and investment management; communications equipment and
software applications; and public safety and emergency
response. The board shall consult with, or include a member or
members from, the Department of Homeland Security.
``(2) Functions.--The board shall--
``(A) establish the reasonable and prudent criteria
for the selection of the grant recipients under this
section;
``(B) determine the amount of the grants awarded;
and
``(C) review the use of funds made by such grant
recipients.
``(3) Compensation prohibited; expenses provided.--The
members of the board shall serve without compensation, but may,
from appropriated funds available for the administrative
expenses of the NTIA, receive travel expenses, including per
diem in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United
States Code.
``(c) Purpose and Activities of the Trust.--
``(1) Grant purposes.--In order to achieve the objectives
and carry out the purposes of this part, the Administrator is
authorized to make grants, from amounts deposited pursuant to
subsection (a)(2) and from the interest or other income on the
Fund, to implement interoperability and modernization
(including equipment upgrades) for the communications needs of
public safety, fire, emergency, law enforcement, and crisis
management by State and local government agencies and
instrumentalities and nonprofit organizations.
``(2) Grant preference for broader scope of
interoperability.--In making grants from the Fund, the
Administrator shall give preference to eligible entities that
are proposing inter-agency or regional and multi-jurisdictional
interoperability.
``(3) Grant availability.--Grants from the Fund shall be
made available on a single or multi-year basis to facilitate
long term planning and training.
``(d) Eligible Entities.--The following organizations and entities
are eligible to apply for funds under this section:
``(1) an agency or instrumentality of a State or local
government of the United States (including an agency or
instrumentality of a territory or possession of the United
States); and
``(2) a nonprofit agency or organization that is exempt
from taxes under section 501(c)(3) of the Internal Revenue Code
of 1986 and that performs a public safety function, as
determined by the Administrator.
``(e) Permissible Uses of Funds.--Amounts made available by grant
from the Fund may be used by eligible entities for equipment, training,
planning, and research for the purposes of upgrading communications and
the interoperability of communications used in public safety, fire,
emergency, law enforcement, and crisis management.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund $500,000,000 for fiscal year 2008 and each of
the 2 succeeding fiscal years.
``(g) Reports.--
``(1) By grant recipients.--Each grant recipient shall
submit to the Administrator and the board a report on the use
of the funds provided by the grant, and on the progress made
with respect to the improvement of the grant recipient's
communications capabilities.
``(2) By administrator.--The Administrator shall annually
submit to the Congress a report on the operations of the Fund
and the grants made by the Funds. Such report shall include--
``(A) an identification of the grants made, the
recipients thereof, and the planned uses of the amounts
made available;
``(B) a financial report on the operations and
condition of the Fund; and
``(C) a description of the results of the use of
funds provided by grants under this section, including
the status of interoperability implementation by the
grant recipients.
``(h) Regulations.--The Administrator may prescribe such
regulations as may be necessary and appropriate to carry out this
section.
``(i) Definitions.--As used in this section--
``(1) the term `the Fund' means the Public Safety
Communications Trust Fund established pursuant to subsection
(a); and
``(2) the term `the board' means the board of directors
established pursuant to subsection (b).''. | Public Safety Interoperability Implementation Act - Amends the National Telecommunications and Information Administration Organization Act to establish the Public Safety Communications Trust Fund to make grants to implement interoperability and modernization for the communications needs of public safety, fire, emergency, law enforcement, and crisis management by state and local government agencies and instrumentalities and nonprofit organizations.
Requires that the Fund be a separate Fund in the Digital Television Transition and Public Safety Fund and that it consist of certain amounts from the Digital Television Transition and Public Safety Fund, appropriations under this Act, and proceeds from the sale of certain bands of government-owned broadcast spectrum. | {"src": "billsum_train", "title": "To establish a permanent grant program to improve public safety communications and the interoperability of emergency communications equipment."} | 1,830 | 136 | 0.550005 | 1.511546 | 0.61677 | 4.439655 | 14.353448 | 0.922414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make Our Government Safe Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Steve Bannon was appointed to serve as chief strategist
and senior counselor to the President in January 2017 and was
appointed, via executive order, to the National Security
Council on January 28, 2017.
(2) Under section 101 of the National Security Act of 1947
(50 U.S.C. 3021), the National Security Council is responsible
for the integration of domestic, foreign, and military policies
relating to the national security so as to enable the military
services and the other departments and agencies of the
Government to cooperate more effectively in matters involving
the national security.
(3) To participate in highly sensitive meetings of the
National Security Council, it is a prerequisite to have the
highest available security clearances, including access to
compartmented information.
(4) Question 23.9 on United States Government Standard Form
86, which all applicants seeking a security clearance must
submit, asks: ``have you ever advocated any acts of terrorism
or activities designed to overthrow the U.S. Government by
force?''
(5) Question 29.4 asks: ``have you ever been a member of an
organization dedicated to the use of violence or force to
overthrow the United States Government . . .''
(6) Question 29.6 asks: ``have you ever knowingly engaged
in activities designed to overthrow the United States
Government by force?''
(7) Steve Bannon has made numerous inflammatory statements
in support of overthrowing the United States Government.
(8) In an interview dated August 22, 2016, Bannon referred
to himself as a ``Leninist'', saying ``Lenin . . . wanted to
destroy the state, and that's my goal too. I want to bring
everything crashing down, and destroy all of today's
establishment''.
(9) The Director of the National Background Investigations
Bureau, Charles Phalen, Jr., testified before the Committee on
Oversight and Government Reform of the House of Representatives
on February 2, 2017, about the process to investigate
applicants for security clearances.
(10) In response to questions from Ranking Member Elijah E.
Cummings, Director Phalen agreed that calling oneself a
Leninist would cause concerns during the background check
process for a security clearance, saying ``It would, and the
investigator should pursue that avenue of discussion with the
subject as to what that means.''.
(11) In response to a specific question about someone whose
goal was to ``destroy the state,'' Director Phalen responded
``That would elicit a very strong line of questioning with that
individual and with others to determine what he means by that
so that we can give a full picture to the adjudicator.''.
(12) When asked what would happen if Bannon denied making
these statements, Director Phalen responded that background
check investigators would ``determine what the truth is''.
SEC. 3. PROHIBITION OF INDIVIDUALS WHO THREATEN TO DESTROY THE
GOVERNMENT FROM PARTICIPATING IN OR ATTENDING NATIONAL
SECURITY COUNCIL MEETINGS.
(a) Prohibition.--Section 101(c) of the National Security Act of
1947 (50 U.S.C. 3021(c)) is amended--
(1) in paragraph (2), by striking ``The President'' and
inserting ``Except as provided in paragraph (3), the
President''; and
(2) by adding at the end the following new paragraph:
``(3) Individuals who threaten to destroy the government.--
Any individual who threatens to destroy the Government,
including in speech, written form, or through action, may not
participate in or attend any meeting of the Council or any
meeting of the Principal's Committee.''.
(b) Effective Date.--Paragraph (3) of subsection (c) of section 101
of the National Security Act of 1947 (50 U.S.C. 3021) shall take effect
on the date that is 30 days after the date of the enactment of this
Act.
SEC. 4. SENSE OF CONGRESS REGARDING THE SUSPENSION OF SECURITY
CLEARANCES FOR FEDERAL EMPLOYEES WHO THREATEN TO DESTROY
THE STATE.
It is the sense of Congress that the head of a department or agency
of the Federal Government that issues a security clearance for an
employee, including for an employee of the Executive Office of the
President, should consider suspending the security clearance of the
employee, if the employee threatens or has threatened to destroy the
State or to take hostile actions against the United States, to ensure
such employee does not pose a threat to the United States. | Make Our Government Safe Act This bill amends the National Security Act of 1947 to prohibit the President from designating as an attendee or participant in the National Security Council (or in any meeting of the Principals Committee) any individual who threatens to destroy the government, including in speech or written form or through action. The bill expresses the sense of Congress that a federal department or agency that issues a security clearance for an employee, including for an employee of the Executive Office of the President, should consider suspending the security clearance of an employee who threatens to destroy the state or to take hostile actions against the United States. | {"src": "billsum_train", "title": "Make Our Government Safe Act"} | 1,074 | 131 | 0.411272 | 1.214086 | 0.526445 | 5.504202 | 7.97479 | 0.915966 |
That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, to provide emergency supplemental appropriations for
disaster assistance because of the Los Angeles Earthquake for the
fiscal year ending September 30, 1994, and for other purposes, namely:
CHAPTER I
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES
RELATED AGENCY
Small Business Administration
disaster loans program account
For an additional amount for emergency expenses resulting from the
January 1994 earthquake in Southern California and other disasters,
$163,405,000, to remain available until expended, of which up to
$35,000,000 may be transferred to and merged with the appropriations
for ``Salaries and expenses'' for associated administrative expenses:
Provided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER II
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED
AGENCIES
DEPARTMENT OF EDUCATION
impact aid
For carrying out disaster assistance activities resulting from the
January 1994 earthquake in Southern California and other disasters as
authorized under section 7 of Public Law 81-874, $165,000,000, to
remain available through September 30, 1995: Provided, That the entire
amount is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
student financial assistance
For an additional amount for ``Student financial assistance'' for
payment of awards made under title IV, part A, subpart 1 of the Higher
Education Act of 1965, as amended, $80,000,000, to remain available
through September 30, 1995: Provided, That notwithstanding sections
442(e) and 462(j) of such Act, the Secretary may reallocate, for use in
award year 1994-1995 only, any excess funds returned to the Secretary
of Education under the Federal Work-Study or Federal Perkins Loan
programs from award year 1993-1994 to assist individuals who suffered
financial harm from the January 1994 earthquake in Southern California
and other disasters: Provided further, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
CHAPTER III
DEPARTMENT OF TRANSPORTATION AND
RELATED AGENCIES
FEDERAL HIGHWAY ADMINISTRATION
Federal-Aid Highways
emergency relief program
(highway trust fund)
For the Emergency Fund authorized by 23 U.S.C. 125 to cover
expenses arising from the January 1994 earthquake in Southern
California and other disasters, $950,000,000; and in addition
$400,000,000, which shall be available only to the extent an official
budget request for a specific dollar amount, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress, all
to be derived from the Highway Trust Fund and to remain available until
expended: Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the limitation on obligations per State in 23
U.S.C. 125(b) shall not apply to projects relating to such earthquake:
Provided further, That notwithstanding 23 U.S.C. 120(e), the Federal
share for any project on the Federal-aid highway system related to such
earthquake shall be 100 percent for the costs incurred in the 180 day
period beginning on the date of the earthquake: Provided further, That
with regard to these funds, the Secretary and the Administrator of the
Environmental Protection Agency may waive or modify any provision of
any environmental statute or regulation if they jointly find that in
their judgment (i) such waiver is required to facilitate the obligation
and use of such funds, and (ii) such waiver would not be inconsistent
with the overall purposes of applicable environmental laws.
CHAPTER IV
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical care
For an additional amount for emergency expenses resulting from the
January 1994 earthquake in Southern California, $21,000,000, to remain
available until expended, of which not to exceed $802,000 is available
for transfer to General Operating Expenses, the Guaranty and Indemnity
Program Account, and the Vocational Rehabilitation Loans Program
Account: Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
annual contributions for assisted housing
For an additional amount under this head for rental assistance
under the section 8 existing housing certificate program (42 U.S.C.
1437f) and the housing voucher program under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)), $150,000,000, to
remain available until December 31, 1995: Provided, That these funds
shall be used first to replenish amounts used from the headquarters
reserve established pursuant by section 213(d)(4)(A) of the Housing and
Community Development Act of 1974, as amended, for assistance to
victims of the January 1994 earthquake in Southern California: Provided
further, That any amounts remaining after the headquarters reserve has
been replenished shall be available for additional assistance to
victims of the earthquake referred to above: Provided further, That in
administering these funds, the Secretary may waive any provision of any
statute or regulation that the Secretary administers in connection with
the obligation by the Secretary or any use by the recipient of these
funds, except for the requirements relating to fair housing and
nondiscrimination, the environment, and labor standards, upon finding
that such waiver is required to facilitate the obligation and use of
such funds and would not be inconsistent with the overall purpose of
the statute or regulation: Provided further, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
flexible subsidy fund
For emergency assistance to owners of eligible multifamily housing
projects damaged by the January 1994 earthquake in Southern California
who are either insured or formerly insured under the National Housing
Act, as amended, or otherwise eligible for assistance under section
201(c) of the Housing and Community Development Amendments of 1978, as
amended (12 U.S.C. 1715z-1a), in the program of assistance for troubled
multifamily housing projects under the Housing and Community
Development Amendments of 1978, as amended, $100,000,000, to remain
available until September 30, 1995: Provided, That assistance to an
owner of a multifamily housing project assisted, but not insured under
the National Housing Act, may be made if the project owner and the
mortgagee have provided or agreed to provide assistance to the project
in a manner as determined by the Secretary of Housing and Urban
Development: Provided further, That assistance is for the repair of
damage or the recovery of losses directly attributable to the Southern
California earthquake of 1994: Provided further, That the entire amount
is designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
fha--general and special risk program account
For higher mortgage limits and improved access to mortgage
insurance for victims of the January 1994 earthquake in Southern
California and other disasters, Title II of the National Housing Act,
as amended, is further amended, as follows:
(1) in section 203(h), by:
(A) striking out ``section 102(2) and 401 of the
Disaster Relief and Emergency Assistance Act'' and
inserting ``Robert T. Stafford Disaster Relief and
Emergency Assistance Act''; and
(B) adding the following new sentence at the end
thereof: ``In any case in which the single family
residence to be insured under this subsection is within
a jurisdiction in which the President has declared a
major disaster to have occurred, the Secretary is
authorized, for a temporary period not to exceed 18
months from the date of such Presidential declaration,
to enter into agreements to insure a mortgage which
involves a principal obligation of up to 100 percent of
the dollar limitation determined under section
305(a)(2) of the Federal Home Loan Mortgage Corporation
Act for single family residence, and not in excess of
100 percent of the appraised value.'';
(2) in section 203(k), by adding at the end thereof the
following new paragraph:
``(6) The Secretary is authorized, for a temporary period
not to exceed 18 months from the date on which the President
has declared a major disaster to have occurred, to enter into
agreements to insure a rehabilitation loan under this
subsection which involves a principal obligation of up to 100
percent of the dollar limitation determined under section
305(a)(2) of the Federal Home Loan Mortgage Corporation Act for
a residence of the applicable size, if such loan is secured by
a structure and property that are within a jurisdiction in
which the President has declared such disaster, pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act, and if such loan otherwise conforms to the loan-to-value
ratio and other requirements of this subsection,''; and
(3) in section 234(c), by inserting after ``203(b)(2)'' in
the third sentence the phrase: ``or pursuant to section 203(h)
under the conditions described in section 203(h)''.
Community Planning and Development
community development grants
For an additional amount for ``Community development grants'', as
authorized under title I of the Housing and Community Development Act
of 1974, for emergency expenses resulting from the January 1994
earthquake in Southern California, $250,000,000, to remain available
until September 30, 1996 for all activities eligible under such title I
except those activities reimbursable by the Federal Emergency
Management Agency (FEMA) or available through the Small Business
Administration (SBA): Provided, That from this amount, the Secretary
may transfer up to $50,000,000 to the ``HOME investment partnerships
program'', as authorized under title II of the Cranston-Gonzalez
National Affordable Housing Act, as amended (Public Law 101-625), to
remain available until expended, as an additional amount for such
emergency expenses for all activities eligible under such title II
except activities reimbursable by FEMA or available through SBA:
Provided further, That the receipients of amounts under this
appropriation, including the foregoing transfer (if any), shall use
such amounts first to replenish amounts previously obligated under
their Community Development Block Grant or HOME programs, respectively,
in connection with the Southern California earthquake of January 1994:
Provided further, That in administering these funds, the Secretary may
waive, or specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in connection with
the obligation by the Secretary or any use by the recipient of these
funds, except for statutory requirements relating to fair housing and
nondiscrimination, the environment, and labor standards, upon finding
that such waiver is required to facilitate the obligation and use of
such funds, and would not be inconsistent with the overall purpose of
the statute or regulation: Provided further, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251 (b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
INDEPENDENT AGENCIES
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster Relief'' for the January
1994 earthquake in Southern California and other disasters,
$3,484,000,000 to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
emergency management planning and assistance
For an additional amount for ``Emergency Management Planning and
Assistance'', to carry out activities under the Earthquake Hazards
Reduction Act of 1977, as amended (42 U.S.C. 7701 et. seq.)
$15,000,000, to remain available until expended, to study the January
1994 earthquake in Southern California in order to enhance seismic
safety throughout the United States: Provided, That the entire amount
is designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CHAPTER V
FUNDS APPROPRIATED TO THE PRESIDENT
Unanticipated Needs
For an additional amount for emergency expenses resulting from the
January 1994 earthquake in Southern California and other disasters,
$400,000,000, to remain available until expended: Provided, That these
funds may be transferred to any authorized Federal governmental
activity to meet the requirements of such disasters: Provided further,
That the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to
Congress: Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
CHAPTER VI
GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
(including transfer of funds)
Sec. 602. Funds in the Federal Buildings Fund made available by
Public Law 103-123 for fiscal year 1994 for Federal Buildings Fund
activities may be transferred between authorized activities to the
extent necessary to meet emergency expenses resulting from the January
1994 earthquake in Southern California and other disasters: Provided,
That such amounts as may be transferred to repairs and alterations and
design and construction services shall remain available until expended:
Provided further, That no operating activity or capital project would
be reduced by an amount greater than five percent.
This Act may be cited as the ``Emergency Supplemental
Appropriations for Disaster Assistance Because of the Los Angeles
Earthquake Act of 1994''. | Emergency Supplemental Appropriations for Disaster Assistance Because of the Los Angeles Earthquake Act of 1994 - Makes emergency supplemental appropriations for FY 1994 for disaster assistance activities resulting from the January 1994 earthquake in Southern California and other disasters.
Makes additional funds available to: (1) the Small Business Administration for the disaster loans program account; (2) the Department of Education for impact aid and student financial assistance; (3) the Department of Transportation for the Federal Highway Administration; (4) the Department of Veterans Affairs for medical care; (5) the Department of Housing and Urban Development for housing programs and community development; (6) the Federal Emergency Management Agency for disaster relief; and (7) the President for unanticipated needs. | {"src": "billsum_train", "title": "Emergency Supplemental Appropriations for Disaster Assistance Because of the Los Angeles Earthquake Act of 1994"} | 3,253 | 147 | 0.573682 | 1.66629 | 0.681501 | 3.397163 | 20.496454 | 0.957447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upper Missisquoi and Trout Wild and
Scenic Rivers Act''.
SEC. 2. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.
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:
``(208) Missisquoi river and trout river, vermont.--The
following segments in the State of Vermont, to be administered
by the Secretary of the Interior as a recreational river:
``(A) The 20.5-mile segment of the Missisquoi River
from the Lowell/Westfield town line to the Canadian
border in North Troy, excluding the property and
project boundary of the Troy and North Troy
hydroelectric facilities.
``(B) The 14.6-mile segment of the Missisquoi River
from the Canadian border in Richford to the upstream
project boundary of the Enosburg Falls hydroelectric
facility in Sampsonville.
``(C) The 11-mile segment of the Trout River from
the confluence of the Jay and Wade Brooks in Montgomery
to where the Trout River joins the Missisquoi River in
East Berkshire.''.
SEC. 3. MANAGEMENT.
(a) Management.--
(1) In general.--The river segments designated by paragraph
(208) of section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) shall be managed in accordance with--
(A) the Upper Missisquoi and Trout Rivers
Management Plan developed during the study described in
section 5(b)(19) of the Wild and Scenic Rivers Act (16
U.S.C. 1276(b)(19)) (referred to in this section as the
``management plan''); and
(B) such amendments to the management plan as the
Secretary determines are consistent with this Act and
as are approved by the Upper Missisquoi and Trout
Rivers Wild and Scenic Committee (referred to in this
section as the ``Committee'').
(2) Comprehensive management plan.--The management plan, as
finalized in March 2013, and as amended, shall be considered to
satisfy the requirements for a comprehensive management plan
pursuant to section 3(d) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(d)).
(b) Committee.--The Secretary shall coordinate management
responsibility of the Secretary of the Interior under this Act with the
Committee, as specified in the management plan.
(c) Cooperative Agreements.--
(1) In general.--In order to provide for the long-term
protection, preservation, and enhancement of the river segments
designated by paragraph (208) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)), the Secretary of the
Interior may enter into cooperative agreements pursuant to
sections 10(e) and 11(b)(1) (16 U.S.C. 1281(e), 1282(b)(1)) of
the Wild and Scenic Rivers Act with--
(A) the State of Vermont;
(B) the municipalities of Berkshire, Enosburg
Falls, Enosburgh, Montgomery, North Troy, Richford,
Troy, and Westfield; and
(C) appropriate local, regional, statewide, or
multi-state planning, environmental, or recreational
organizations.
(2) Consistency.--Each cooperative agreement entered into
under this section shall be consistent with the management plan
and may include provisions for financial or other assistance
from the United States.
(d) Effect on Existing Hydroelectric Facilities.--
(1) In general.--The designation of the river segments by
paragraph (208) of section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)), does not--
(A) preclude the Federal Energy Regulatory
Commission from licensing, relicensing, or otherwise
authorizing the operation or continued operation of the
Troy Hydroelectric, North Troy, or Enosburg Falls
hydroelectric project under the terms of licenses or
exemptions in effect on the date of enactment of this
Act; or
(B) limit modernization, upgrade, or other changes
to the projects described in paragraph (1) subject to
written determination by the Secretary of the Interior
that the changes are consistent with the purposes of
the designation.
(2) Hydropower proceedings.--Resource protection,
mitigation, or enhancement measures required by Federal Energy
Regulatory Commission hydropower proceedings--
(A) shall not be considered to be project works for
purposes of this Act; and
(B) may be located within the river segments
designated by paragraph (208) of section 3(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), subject
to a written determination by the Secretary that the
measures are consistent with the purposes of the
designation.
(e) Land Management.--
(1) Zoning ordinances.--For the purpose of the segments
designated in paragraph (208) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)), the zoning ordinances
adopted by the towns of Berkshire, Enosburg Falls, Enosburgh,
Montgomery, North Troy, Richford, Troy, and Westfield in the
State of Vermont, including provisions for conservation of
floodplains, wetlands, and watercourses associated with the
segments, shall be considered to satisfy the standards and
requirements of section 6(c) of the Wild and Scenic Rivers Act
(16 U.S.C. 1277(c)).
(2) Acquisitions of land.--The authority of the Secretary
to acquire land for the purposes of the segments designated in
paragraph (208) of section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) shall be--
(A) limited to acquisition by donation or
acquisition with the consent of the owner of the land;
and
(B) subject to the additional criteria set forth in
the management plan.
(f) Relation to National Park System.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the
Missisquoi and Trout Rivers shall not be administered as part of the
National Park System or be subject to regulations that govern the
National Park System.
(g) Designation of Additional Segment.--
(1) Definition of additional segment.--In this subsection,
the term ``additional segment'' means the 3.8-mile segment of
the Missisquoi River extending from the confluence of the
Burgess Branch and East Branch of the Missisquoi River in
Lowell to the Lowell/Westfield town line.
(2) Findings.--Congress finds that the additional segment
is eligible and suitable for designation as a recreational
river if the Secretary of the Interior determines that there is
adequate local support for the designation in accordance with
paragraph (4).
(3) Designation and administration.--If the Secretary of
the Interior determines that there is adequate local support
for the designation of the additional segment in accordance
with paragraph (4)--
(A) the Secretary shall publish in the Federal
Register notice of the designation of the additional
segment;
(B) the additional segment shall be designated as a
recreational river in accordance with the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.); and
(C) the Secretary shall administer the additional
segment as a recreational river.
(4) Determination of local support.--The Secretary of the
Interior shall determine that there is adequate local support
for the designation of the additional segment as a recreational
river if the legal voters of the town of Lowell, Vermont
express by a majority vote a desire for the designation. | . Upper Missisquoi and Trout Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act to designate two segments of the Missisquoi River and one segment of the Trout River in Vermont as components of the National Wild and Scenic Rivers System to be administered by the Secretary of the Interior as a recreational river. Requires the river segments designated by this Act to be managed in accordance with the Upper Missisquoi and Trout Rivers Management Plan. Requires the Secretary to coordinate the management responsibilities with the Upper Missisquoi and Trout Rivers Wild and Scenic Committee. Authorizes the Secretary to enter into cooperative agreements for the protection, preservation, and enhancement of the river segments with: (1) the state of Vermont; (2) specific municipalities; and (3) local, regional, statewide, or multistate planning, environmental, or recreational organizations. States that the designation of the river segments does not: (1) preclude the Federal Energy Regulatory Commission (FERC) from licensing, relicensing, or otherwise authorizing the operation of specified hydroelectric projects; or (2) limit the modernization, upgrades, or other changes to the projects. Prohibits resource protection, mitigation, or enhancement measures required by FERC hydropower proceedings from being considered project works under this Act. Permits such measures within the segments. Considers zoning ordinances adopted by specific towns as satisfying provisions in the Wild and Scenic Rivers Act that prohibit the Secretary from acquiring lands by condemnation within a designated Wild and Scenic River boundary when certain local zoning ordinances are in place. Limits the authority of the Secretary to acquire lands under this Act to acquisition by donation or with the owner's consent. Bars the Missisquoi and Trout Rivers from being administered as part of the National Park System. Directs the Secretary, upon determining that there is adequate local support for the designation of an additional segment in Vermont, to publish a notice of the designation in the Federal Register, designate the additional segment, and administer the additional segment as a recreational river. | {"src": "billsum_train", "title": "Upper Missisquoi and Trout Wild and Scenic Rivers Act"} | 1,753 | 463 | 0.65283 | 2.094155 | 0.806903 | 3.298701 | 3.857143 | 0.872727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Closed-Loop Pumped Storage
Hydropower Act''.
SEC. 2. CLOSED-LOOP PUMPED STORAGE PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended
by adding at the end the following:
``SEC. 34. CLOSED-LOOP PUMPED STORAGE PROJECTS.
``(a) Expedited Licensing Process for Closed-Loop Pumped Storage
Projects.--
``(1) In general.--As provided in this section, the
Commission may issue and amend licenses and preliminary
permits, as appropriate, for closed-loop pumped storage
projects.
``(2) Rule.--Not later than 180 days after the date of
enactment of this section, the Commission shall issue a rule
establishing an expedited process for issuing and amending
licenses and preliminary permits for closed-loop pumped storage
projects under this section.
``(3) Interagency task force.--In establishing the
expedited process under this section, the Commission shall
convene an interagency task force, with appropriate Federal and
State agencies and Indian tribes represented, to coordinate the
regulatory processes associated with the authorizations
required to construct and operate closed-loop pumped storage
projects.
``(4) Length of process.--The Commission shall ensure that
the expedited process under this section will result in final
decision on an application for a license by not later than 2
years after receipt of a completed application for such
license.
``(b) Dam Safety.--Before issuing any license for a closed-loop
pumped storage project, the Commission shall assess the safety of
existing dams and other structures related to the project (including
possible consequences associated with failure of such structures).
``(c) Exemptions From Other Requirements.--
``(1) In general.--In issuing or amending a license or
preliminary permit pursuant to the expedited process
established under this section, the Commission may grant an
exemption from any other requirement of this part with respect
to any part of the closed-loop pumped storage project (not
including any dam or other impoundment).
``(2) Consultation.--In granting an exemption under
paragraph (1), the Commission shall consult with the United
States Fish and Wildlife Service and the State agency
exercising administration over the fish and wildlife resources
of the State in which the closed-loop pumped storage project is
or will be located, in the manner provided by the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et seq.).
``(3) Terms and conditions.--In granting an exemption under
paragraph (1), the Commission shall include in any such
exemption--
``(A) such terms and conditions as the Fish and
Wildlife Service, National Marine Fisheries Service,
and the State agency described in paragraph (2) each
determine are appropriate to prevent loss of, or damage
to, fish and wildlife resources and to otherwise carry
out the purposes of the Fish and Wildlife Coordination
Act; and
``(B) such terms and conditions as the Commission
deems appropriate to ensure that such closed-loop
pumped storage project continues to comply with the
provisions of this section and terms and conditions
included in any such exemption.
``(4) Fees.--The Commission, in addition to the
requirements of section 10(e), shall establish fees which shall
be paid by an applicant for a license for a closed-loop pumped
storage project that is required to meet terms and conditions
set by fish and wildlife agencies under paragraph (3). Such
fees shall be adequate to reimburse the fish and wildlife
agencies referred to in paragraph (3) for any reasonable costs
incurred in connection with any studies or other reviews
carried out by such agencies for purposes of compliance with
this section. The fees shall, subject to annual appropriations
Acts, be transferred to such agencies by the Commission for use
solely for purposes of carrying out such studies and shall
remain available until expended.
``(d) Transfers.--Notwithstanding section 5, and regardless of
whether the holder of a preliminary permit for a closed-loop pumped
storage project claimed municipal preference under section 7(a) when
obtaining the permit, the Commission may, to facilitate development of
a closed-loop pumped storage project--
``(1) add entities as joint permittees following issuance
of a preliminary permit; and
``(2) transfer a license in part to one or more
nonmunicipal entities as co-licensees with a municipality, if
the municipality retains majority ownership of the project for
which the license was issued.
``(e) Interagency Communications.--Interagency cooperation in the
preparation of environmental documents under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an
application for a license for a closed-loop pumped storage project
submitted pursuant to this section, and interagency communications
relating to licensing process coordination pursuant to this section,
shall not--
``(1) be considered to be ex parte communications under
Commission rules; or
``(2) preclude an agency from participating in a licensing
proceeding under this part.
``(f) Developing Abandoned Mines for Pumped Storage.--
``(1) Workshop.--Not later than 6 months after the date of
enactment of this section, the Commission shall hold a workshop
to explore potential opportunities for development of closed-
loop pumped storage projects at abandoned mine sites.
``(2) Guidance.--Not later than 1 year after the date of
enactment of this section, the Commission shall issue guidance
to assist applicants for licenses or preliminary permits for
closed-loop pumped storage projects at abandoned mine sites.
``(g) Qualifying Criteria for Closed-Loop Pumped Storage
Projects.--
``(1) In general.--The Commission shall establish criteria
that a pumped storage project shall meet in order to qualify as
a closed-loop pumped storage project eligible for the expedited
process established under this section.
``(2) Inclusions.--In establishing the criteria under
paragraph (1), the Commission shall include criteria requiring
that the pumped storage project--
``(A) cause little to no change to existing surface
and groundwater flows and uses; and
``(B) is unlikely to adversely affect species
listed as a threatened species or endangered species
under the Endangered Species Act of 1973.''.
SEC. 3. OBLIGATION FOR PAYMENT OF ANNUAL CHARGES.
Section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) is
amended by adding at the end the following:
``(5) Any obligation of a licensee for payment of annual charges
under this subsection shall commence when the construction of the
applicable facility commences.''.
Passed the House of Representatives December 12, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Promoting Closed-Loop Pumped Storage Hydropower Act (Sec.2)This bill amends the Federal Power Act to authorize the Federal Energy Regulatory Commission (FERC) to establish an expedited licensing process for issuing and amending licenses and preliminary permits for closed-loop pumped storage projects (in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters, or that are not continuously connected to a naturally flowing water feature). In establishing the expedited process, FERC shall convene an interagency task force with appropriate federal and state agencies and Indian tribes to coordinate the regulatory process associated with the authorizations required to construct and operate closed-loop pumped storage projects. FERC must assess the safety of existing dams and other structures related to the project before issuing any license for a closed-loop storage project. FERC must hold a workshop to explore potential opportunities for development of storage projects at abandoned mine sites. FERC must also establish criteria that a project shall meet to qualify as a closed-loop pumped storage under this bill, including requiring that the project cause little to no change to existing surface and groundwater flows and uses and that the project is unlikely to adversely affect species listed as threatened or endangered under the Endangered Species Act of 1973. (Sec.3)Licensees are not required to pay an annual charge for administrative expenses until construction commences. | {"src": "billsum_train", "title": "Promoting Closed-Loop Pumped Storage Hydropower Act"} | 1,562 | 317 | 0.688382 | 2.096849 | 0.793524 | 3.94 | 5.568 | 0.852 |
SECTION 1. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT PROGRAM.
(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury a
fund, to be known as the ``Energy Security Fund'' (referred to
in this section as the ``Fund''), consisting of--
(A) amounts transferred to the Fund under paragraph
(2); and
(B) amounts credited to the Fund under paragraph
(3)(C).
(2) Transfers to fund.--For fiscal year 2008 and each
fiscal year thereafter, the Secretary of the Treasury, subject
to the availability of appropriations, shall transfer to the
Fund an amount determined by the Secretary of the Treasury to
be equal to 50 percent of the total amount deposited in the
general fund of the Treasury during the preceding fiscal year
from fines, penalties, and other funds obtained through
enforcement actions conducted pursuant to section 32912 of
title 49, United States Code (including funds obtained under
consent decrees).
(3) Investment of amounts.--
(A) In general.--The Secretary of the Treasury
shall invest in interest-bearing obligations of the
United States such portion of the Fund as is not, in
the judgment of the Secretary of the Treasury, required
to meet current withdrawals.
(B) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
(C) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to, and
form a part of, the Fund in accordance with section
9602 of the Internal Revenue Code of 1986.
(4) Use of amounts in fund.--Amounts in the Fund shall be
made available to the Secretary of Energy, subject to the
availability of appropriations, to carry out the grant program
under subsection (b).
(b) Alternative Fuels Grant Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Energy, acting through
the Clean Cities Program of the Department of Energy, shall
establish and carry out a program under which the Secretary
shall provide grants to expand the availability to consumers of
alternative fuels (as defined in section 32901(a) of title 49,
United States Code).
(2) Eligibility.--
(A) In general.--Except as provided in subparagraph
(B), any entity that is eligible to receive assistance
under the Clean Cities Program shall be eligible to
receive a grant under this subsection.
(B) Exceptions.--
(i) Certain oil companies.--A large,
vertically-integrated oil company shall not be
eligible to receive a grant under this
subsection.
(ii) Prohibition of dual benefits.--An
entity that receives any other Federal funds
for the construction or expansion of
alternative refueling infrastructure shall not
be eligible to receive a grant under this
subsection for the construction or expansion of
the same alternative refueling infrastructure.
(C) Ensuring compliance.--Not later than 30 days
after the date of enactment of this Act, the Secretary
of Energy shall promulgate regulations to ensure that,
before receiving a grant under this subsection, an
eligible entity meets applicable standards relating to
the installation, construction, and expansion of
infrastructure necessary to increase the availability
to consumers of alternative fuels (as defined in
section 32901(a) of title 49, United States Code).
(3) Maximum amount.--
(A) Grants.--The amount of a grant provided under
this subsection shall not exceed $30,000.
(B) Amount per station.--An eligible entity shall
receive not more than $90,000 under this subsection for
any station of the eligible entity during a fiscal
year.
(4) Use of funds.--
(A) In general.--A grant provided under this
subsection shall be used for the construction or
expansion of alternative fueling infrastructure.
(B) Administrative expenses.--Not more than 3
percent of the amount of a grant provided under this
subsection shall be used for administrative expenses. | Establishes the Energy Security Fund, to be funded by proceeds deposited in the general fund of the Treasury from fines, penalties, and other funds obtained through enforcement actions for violations of automobile fuel economy standards.
Directs the Secretary of Energy, acting through the Clean Cities Program of the Department of Energy, to establish a program of grants to expand the availability of alternative fuels to consumers. Makes amounts in the Fund available to the Secretary for such grants.
Declares eligible for assistance any entity that is eligible for assistance under the Clean Cities Program.
Bars from such assistance: (1) large, vertically-integrated oil companies; and (2) any entity that receives other federal funds for the construction or expansion of the same alternative refueling infrastructure.
Sets forth a maximum ceiling for grants and for stations.
Limits the use of such funds to construction or expansion of alternative fueling infrastructure. | {"src": "billsum_train", "title": "To provide grants from moneys collected from violations of the corporate average fuel economy program to be used to expand infrastructure necessary to increase the availability of alternative fuels."} | 905 | 186 | 0.55472 | 1.577685 | 0.80766 | 3.618497 | 4.745665 | 0.878613 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``African-American Civil War Memorial
Commemorative Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of African-American Civil
War veterans, the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall mint and issue not more than
500,000 1 dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(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. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the African-American Civil War
Memorial.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2001''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
African-American Civil War Memorial Freedom Foundation and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2001.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2001.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the African-American Civil War Memorial Freedom Foundation
for the purpose of supporting the construction and maintenance of an
African-American Civil War Memorial and the Garnet-Patterson Family
Heritage Center (Visitors' Center).
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the African-American Civil War Memorial Freedom Foundation as
may be related to the expenditures of amounts paid under subsection
(a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(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. | African-American Civil War Memorial Commemorative Coin Act - Instructs the Secretary of the Treasury to issue one dollar coins in commemoration of African-American Civil War veterans. Mandates that the coin design be: (1) emblematic of the African-American Civil War Memorial; (2) selected by the Secretary after consultation with the African-American Civil War Memorial Freedom Foundation and the Commission of Fine Arts; and (3) reviewed by the Citizens Commemorative Coin Advisory Committee.
Instructs the Secretary to pay all coin sales surcharges to the African-American Civil War Memorial Freedom Foundation for the construction and maintenance of an African-American Civil War Memorial and the Garnet-Patterson Family Heritage Center (Visitors' Center). | {"src": "billsum_train", "title": "African-American Civil War Memorial Commemorative Coin Act"} | 1,242 | 152 | 0.564635 | 1.434005 | 0.765245 | 5.920863 | 7.856115 | 0.942446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Life Insurance Improvement
Act of 2001''.
SEC. 2. PAYMENT OF INSURANCE PROCEEDS TO AN ALTERNATE BENEFICIARY WHEN
FIRST BENEFICIARY CANNOT BE IDENTIFIED.
(a) NSLI--Section 1917 of title 38, United States Code, is amended
by adding at the end the following new subsection:
``(f)(1) Following the death of the insured and in a case not
covered by subsection (d)--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance does not make a claim for such payment
within two years after the death of the insured, payment may be
made to another beneficiary designated by the insured, in the
order of precedence as designated by the insured, as if the
first beneficiary had predeceased the insured; and
``(B) if within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment may
(notwithstanding any other provision of law) be made to such
person as may in the judgment of the Secretary be equitably
entitled thereto.
``(2) Payment of insurance under paragraph (1) shall be a bar to
recovery by any other person.''.
(b) USGLI.--Section 1952 of such title is amended by adding at the
end the following new subsection:
``(c)(1) Following the death of the insured and in a case not
covered by section 1950 of this title--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance does not make a claim for such payment
within two years after the death of the insured, payment may be
made to another beneficiary designated by the insured, in the
order of precedence as designated by the insured, as if the
first beneficiary had predeceased the insured; and
``(B) if within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment may
(notwithstanding any other provision of law) be made to such
person as may in the judgment of the Secretary be equitably
entitled thereto.
``(2) Payment of insurance under paragraph (1) shall be a bar to
recovery by any other person.''.
(c) Transition Provision.--In the case of a person insured under
subchapter I or II of title 38, United States Code, who dies before the
date of the enactment of this Act, the two-year and four-year periods
specified in subsection (f)(1) of section 1917 of title 38, United
States Code, as added by subsection (a), and subsection (c)(1) of
section 1952 of such title, as added by subsection (b), as applicable,
shall for purposes of the applicable subsection be treated as being the
two-year and four-year periods, respectively, beginning on the date of
the enactment of this Act.
SEC. 3. REDUCTION IN SERVICE-DISABLED VETERANS INSURANCE PREMIUMS.
Section 1922(a) of title 38, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by striking the fourth sentence and all that follows
and inserting the following:
``(2) Insurance granted under this section shall be issued upon the
same terms and conditions as are contained in the standard policies of
National Service Life Insurance, except that--
``(A) the premium rates for such insurance--
``(i) for premiums for months beginning before the
date of the enactment of the Veterans Life Insurance
Improvement Act of 2001 shall be based on the
Commissioners 1941 Standard Ordinary Table of Mortality
and interest at the rate of 2\1/4\ percent per year;
and
``(ii) for premiums for months beginning on or
after that date shall be based upon the 1980
Commissioners Standard Ordinary Basic Table of
Mortality and interest at the rate of 5 percent per
year;
``(B) all cash, loan, paid-up, and extended values--
``(i) for a policy issued under this section before
the date of the enactment of the Veterans Life
Insurance Improvement Act of 2001 shall be based upon
the Commissioners 1941 Standard ordinary Table of
Mortality and interest at the rate of 2\1/4\ percent
per year; and
``(ii) for a policy issued under this section on or
after that date shall be based upon the 1980
Commissioners Standard Ordinary Basic Table of
Mortality and interest at the rate of 5 percent per
year;
``(C) all settlements on policies involving annuities shall
be calculated on the basis of The Annuity Table for 1949, and
interest at the rate of 2\1/4\ percent per year;
``(D) insurance granted under this section shall be on a
nonparticipating basis;
``(E) all premiums and other collections for insurance
under this section shall be credited directly to a revolving
fund in the Treasury of the United States; and
``(F) any payments on such insurance shall be made directly
from such fund.
``(3) Appropriations to the fund referred to in subparagraphs (E)
and (F) of paragraph (2) are hereby authorized.
``(4) As to insurance issued under this section, waiver of premiums
pursuant to section 602(n) of the National Service Life Insurance Act
of 1940 and section 1912 of this title shall not be denied on the
ground that the service-connected disability became total before the
effective date of such insurance.''.
SEC. 4. INCREASE OF VETERANS' MORTGAGE LIFE INSURANCE COVERAGE TO
$200,000.
(a) Increase.--Section 2106(b) of title 38, United States Code, is
amended by striking ``$90,000'' and inserting ``$200,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to insurance payable under section 2106 of title 38,
United States Code, in the case of a veteran insured under that section
who dies on or after the date of enactment of this Act.
SEC. 5. AUTHORITY FOR VETERANS' MORTGAGE LIFE INSURANCE TO BE CARRIED
BEYOND AGE 70.
Section 2106 of title 38, United States Code, is amended--
(1) in subsection (a), by inserting ``age 69 or younger''
after ``any eligible veteran''; and
(2) in subsection (i), by striking paragraph (2) and
redesignating paragraphs (3) and (4) as paragraphs (2) and (3),
respectively. | Veterans Life Insurance Improvement Act of 2001 - Amends Federal provisions concerning the National Service Life Insurance and United States Government Life Insurance programs to allow payment of their insurance proceeds to: (1) another beneficiary if the first designated beneficiary has not made a claim to such payment within two years after the death of the insured; and (2) a person designated by the Secretary of Veterans Affairs if no claim has been filed by any designated beneficiary within four years after the insured's death.Requires service-disabled life insurance premium rates, as well as all policy cash, loan, paid-up, and extended values, for months beginning on or after the date of enactment of this Act to be based on the 1980 Commissioners Standard Ordinary Basic Table of Mortality, with five percent annual interest.Increases from $90,000 to $200,000 the maximum amount of veterans' mortgage life insurance coverage. Requires the United States to automatically insure any eligible veteran age 69 or younger (currently, any eligible veteran) for such coverage. Repeals the provision terminating such coverage upon the veteran's 70th birthday. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to make certain improvements to the Servicemembers' Group Life Insurance life insurance program for members of the Armed Forces, and for other purposes."} | 1,531 | 241 | 0.525518 | 1.523056 | 0.776702 | 3.360577 | 6.778846 | 0.870192 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Palmetto Bend Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Project.--the term ``Project'' means the Palmetto Bend
Reclamation Project in the State of Texas authorized under Public
Law 90-562 (82 Stat. 999).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) State.--The term ``State'' means the State of Texas, acting
through the Texas Water Development Board or the Lavaca-Navidad
River Authority or both.
SEC. 3. CONVEYANCE.
(a) In General.--The Secretary shall, as soon as practicable after
the date of enactment of this Act and in accordance with all applicable
law, and subject to the conditions set forth in sections 4 and 5,
convey to the State all right, title and interest (excluding the
mineral estate) in and to the Project held by the United States.
(b) Report.--If the conveyance under section 3 has not been
completed within 1 year and 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Resources of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(1) the status of the conveyance;
(2) any obstacles to completion of the conveyance; and
(3) the anticipated date for completion of the conveyance.
SEC. 4. PAYMENT.
(a) In General.--As a condition of the conveyance, the State shall
pay the Secretary the adjusted net present value of current repayment
obligations on the Project, calculated 30 days prior to closing using a
discount rate equal to the average interest rate on 30-year United
States Treasury notes during the preceding calendar month, which
following application of the State's August 1, 1999 payment, was, as of
October 1999, calculated to be $45,082,675 using a discount rate of
6.070 percent. The State shall also pay interest on the adjusted net
present value of current repayment obligations from the date of the
State's most recent annual payment until closing at the interest rate
for constant maturity United States Treasury notes of an equivalent
term.
(b) Obligation Extinguished.--Upon payment by the State under
subsection (a), the obligation of the State and the Bureau of
Reclamation under the Bureau of Reclamation Contract No. 14-06-500-
1880, as amended shall be extinguished. After completion of conveyance
provided for in section 3, the State shall assume full responsibility
for all aspects of operation, maintenance and replacement of the
Project.
(c) Additional Costs.--The State shall bear the cost of all
boundary surveys, title searches, appraisals, and other transaction
costs for the conveyance.
(d) Reclamation Fund.--All funds paid by the State to the Secretary
under this section shall be credited to the Reclamation Fund in the
Treasury of the United States.
SEC. 5. FUTURE MANAGEMENT.
(a) In General.--As a condition of the conveyance under section 3,
the State shall agree that the lands, water, and facilities of the
Project shall continue to be managed and operated for the purposes for
which the Project was originally authorized; that is, to provide a
dependable municipal and industrial water supply, to conserve and
develop fish and wildlife resources, and to enhance recreational
opportunities. In future management of the Project, the State shall,
consistent with other project purposes and the provision of dependable
municipal and industrial water supply--
(1) provide full public access to the Project's lands, subject
to reasonable restrictions for purposes of Project security, public
safety, and natural resource protection;
(2) not sell or otherwise dispose of the lands conveyed under
section 3;
(3) prohibit private or exclusive uses of lands conveyed under
section 3;
(4) maintain and manage the Project's fish and wildlife
resource and habitat for the benefit and enhancement of those
resources;
(5) maintain and manage the Project's existing recreational
facilities and assets, including open space, for the benefit of the
general public;
(6) not charge the public recreational use fees that are more
than is customary and reasonable.
(b) Fish, Wildlife, and Recreation Management.--As a condition of
conveyance under section 3, management decisions and actions affecting
the public aspects of the Project (namely, fish, wildlife, and
recreation resources) shall be conducted according to a management
agreement between all recipients of title to the Project and the Texas
Parks and Wildlife Department that has been approved by the Secretary
and shall extend for the useful life of the Project.
(c) Existing Obligations.--The United States shall assign to the
State and the State shall accept all surface use obligations of the
United States associated with the Project existing on the date of the
conveyance including contracts, easements, and any permits or license
agreements.
SEC. 6. MANAGEMENT OF MINERAL ESTATE.
All mineral interests in the Project retained by the United States
shall be managed consistent with Federal law and in a manner that will
not interfere with the purposes for which the Project was authorized.
SEC. 7. LIABILITY.
(a) In General.--Effective on the date of conveyance of the
Project, the United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence relating to the
Project, except for damages caused by acts of negligence committed
prior to the date of conveyance by--
(1) the United States; or
(2) an employee, agent, or contractor of the United States.
(b) No Increase in Liability.--Nothing in this Act increases the
liability of the United States beyond that provided for in the Federal
Tort Claims Act (28 U.S.C. 2671 et seq.).
SEC. 8. FUTURE BENEFITS.
(a) Deauthorization.--Effective on the date of conveyance of the
Project, the Project conveyed under this Act shall be deauthorized.
(b) No Reclamation Benefits.--After deauthorization of the Project
under subsection (a), the State shall not be entitled to receive any
benefits for the Project under Federal reclamation law (the Act of June
17, 1902 (32 Stat. 388, chapter 1093)), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the Secretary, if the conveyance has not been completed within one year and 180 days after the enactment date of this Act, to report to the House Committee on Resources and the Senate Committee on Energy and Natural Resources on the conveyance's status, any obstacles to completion, and the anticipated completion date.
Directs the State, as a condition of the conveyance, to pay to the Secretary the adjusted net present value of current repayment obligations on the Project as prescribed by this Act. Requires the State to also pay interest on the adjusted net present value of such obligations from the date of the State's most recent annual payment until closing at the interest rate for constant maturity U.S. Treasury notes of an equivalent term. Extinguishes the State's and the Bureau of Reclamation's obligation under a specified Bureau contract upon payment by the State of such amount. Requires the State, after completion of the conveyance, to assume full responsibility for all aspects of operation, maintenance, and replacement of the Project.
Requires the State, as a condition of the conveyance, to agree that the lands, water, and facilities of the Project shall continue to be managed and operated for the purposes for which the Project was originally authorized; that is, to provide a dependable municipal and industrial water supply, to conserve and develop fish and wildlife resources, and to enhance recreational opportunities. Requires the State, in future management of the Project, consistent with other project purposes and the provision of such a water supply, to: (1) provide full public access to the Project's lands, subject to reasonable restrictions for purposes of Project security, public safety, and natural resource protection; (2) not sell or otherwise dispose of the lands conveyed under this Act; (3) prohibit private or exclusive uses of such lands; (4) maintain and manage the Project's fish and wildlife resource and habitat for the benefit and enhancement of those resources; (5) maintain and manage the Project's existing recreational facilities and assets, including open space for the benefit of the public; and (6) not charge the public recreational use fees that are more than is customary and reasonable.
Provides that, as a condition of the conveyance, management decisions and actions affecting the Project's public aspects (namely fish, wildlife, and recreation resources) shall: (1) be conducted according to a management agreement between all recipients of title to the Project and the Texas Parks and Wildlife Department that has been approved by the Secretary; and (2) extend for the useful life of the Project.
Requires all mineral interests in the Project retained by the United States to be managed consistent with Federal law and in a manner that will not interfere with the purposes for which the Project was authorized.
States that nothing in this Act increases the liability of the United States beyond that provided for in the Federal Tort Claims Act.
Deauthorizes the Project on the date of its conveyance. Specifies that the State shall not be entitled to receive any benefits for the Project after deauthorization. | {"src": "billsum_train", "title": "Palmetto Bend Conveyance Act"} | 1,434 | 646 | 0.712295 | 2.545055 | 0.672078 | 6.85034 | 2.251701 | 0.959184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Certification and
Licensure of Teachers Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the measure of a good teacher is how much and how well
the teacher's students learn;
(2) the main teacher quality problem in 1998 was the lack
of subject matter knowledge;
(3) knowledgeable and eager individuals of sound character
and various professional backgrounds should be encouraged to
enter the kindergarten through grade 12 classrooms as teachers;
(4) many talented professionals who have demonstrated a
high level of subject area competence outside the education
profession may wish to pursue careers in education, but have
not fulfilled the traditional requirements to be certified or
licensed as teachers;
(5) States should have maximum flexibility and incentives
to create alternative teacher certification and licensure
programs in order to recruit well-educated people into the
teaching profession; and
(6) alternative routes can enable qualified individuals to
fulfill State teacher certification or licensure requirements
and will allow school systems to utilize the expertise of
professionals and improve the pool of qualified individuals
available to local educational agencies as teachers.
(b) Purpose.--It is the purpose of this Act to improve the supply
of well-qualified elementary school and secondary school teachers by
encouraging and assisting States to develop and implement programs for
alternative routes to teacher certification or licensure requirements.
SEC. 3. ALLOTMENTS.
(a) Allotments to States.--
(1) In general.--From the amount appropriated to carry out
this Act for each fiscal year, the Secretary shall allot to
each State the lesser of--
(A) the amount the State applies for under section
4; or
(B) an amount that bears the same relation to the
amount so appropriated as the total population of
children ages 5 through 17 in the State bears to the
total population of such children in all the States
(based on the most recent data available that is
satisfactory to the Secretary).
(2) Reallocation.--If a State does not apply for the
State's allotment, or the full amount of the State's allotment,
under paragraph (1), the Secretary may reallocate the excess
funds to 1 or more other States that demonstrate, to the
satisfaction of the Secretary, a current need for the funds.
(b) Special Rule.--Notwithstanding section 421(b) of the General
Education Provisions Act (20 U.S.C. 1225(b)), funds awarded under this
Act shall remain available for obligation by a recipient for a period
of 2 calendar years from the date of the grant.
SEC. 4. STATE APPLICATIONS.
(a) In General.--Any State desiring to receive an allotment under
this Act shall, through the State educational agency, submit an
application at such time, in such manner, and containing such
information, as the Secretary may reasonably require.
(b) Requirements.--Each application shall--
(1) describe the programs, projects, and activities to be
undertaken with assistance provided under this Act; and
(2) contain such assurances as the Secretary considers
necessary, including assurances that--
(A) assistance provided to the State educational
agency under this Act will be used to supplement, and
not to supplant, any State or local funds available for
the development and implementation of programs to
provide alternative routes to fulfilling teacher
certification or licensure requirements;
(B) the State educational agency has, in developing
and designing the application, consulted with--
(i) representatives of local educational
agencies, including superintendents and school
board members (including representatives of
their professional organizations if
appropriate);
(ii) elementary school and secondary school
teachers, including representatives of their
professional organizations;
(iii) schools or departments of education
within institutions of higher education;
(iv) parents; and
(v) other interested individuals and
organizations; and
(C) the State educational agency will submit to the
Secretary, at such time as the Secretary may specify, a
final report describing the activities carried out with
assistance provided under this Act and the results
achieved with respect to such activities.
(c) GEPA Provisions Inapplicable.--Sections 441 and 442 of the
General Education Provisions Act (20 U.S.C. 1232d and 1232e), except to
the extent that such sections relate to fiscal control and fund
accounting procedures, shall not apply to this Act.
SEC. 5. USE OF FUNDS.
(a) Use of Funds.--
(1) In general.--A State educational agency shall use funds
provided under this Act to support programs, projects, or
activities that develop and implement new, or expand and
improve existing, programs that enable individuals to move to a
teaching career in elementary or secondary education from
another occupation through an alternative route to teacher
certification or licensure.
(2) Types of assistance.--A State educational agency may
carry out such programs, projects, or activities directly,
through contracts, or through grants to local educational
agencies, intermediate educational agencies, institutions of
higher education, or consortia of such agencies or
institutions.
(b) Uses.--Funds received under this Act may be used for--
(1) the design, development, implementation, and evaluation
of programs that enable qualified professionals who have
demonstrated a high level of subject area competence outside
the education profession and are interested in entering the
education profession to fulfill State teacher certification or
licensure requirements;
(2) the establishment of administrative structures
necessary for the development and implementation of programs to
provide alternative routes to fulfilling State teacher
certification or licensure requirements;
(3) training of staff, including the development of
appropriate support programs, such as mentor programs, for
teachers entering the school system through alternative routes
to teacher certification or licensure;
(4) the development of recruitment strategies;
(5) the development of reciprocity agreements between or
among States for the certification or licensure of teachers; or
(6) other programs, projects, and activities that--
(A) are designed to meet the purpose of this Act;
and
(B) the Secretary determines appropriate.
SEC. 6. DEFINITIONS.
In this Act:
(1) Elementary school; local educational agency; secondary
school; secretary; and state educational agency.--The terms
``elementary school'', ``local educational agency'',
``secondary school'', ``Secretary'', and ``State educational
agency'' have the meanings given the terms in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$15,000,000 for fiscal year 2000 and each of the 4 succeeding fiscal
years. | Sets forth requirements for allotments to States, reallotments, State applications, and uses of funds.
Authorizes appropriations. | {"src": "billsum_train", "title": "Alternative Certification and Licensure of Teachers Act of 1999"} | 1,566 | 32 | 0.399914 | 1.046046 | 0.217565 | 1.5 | 67.545455 | 0.772727 |
SECTION 1. DUTY FREE TREATMENT FOR TENTS FROM CERTAIN MIDDLE EASTERN
COUNTRIES.
(a) Duty Free Treatment.--Notwithstanding any other provision of
law, the President shall provide duty-free treatment for any eligible
article from a beneficiary country designated under section 2.
(b) Eligible Article.--For purposes of this Act, the term
``eligible article'' means any tent with a sewn in floor and base size
less than 20' by 20' classified under subheading 6306.22.90 of the
Harmonized Tariff Schedule of the United States.
SEC. 2. DESIGNATION OF ELIGIBLE COUNTRIES.
(a) In General.--The President shall, upon the enactment of this
Act designate each country listed in subsection (d) as a beneficiary
country unless, and shall thereafter withdraw such designation from any
such countries if--
(1) the country is listed by the United States Department
of State as a state sponsor of terrorism; or
(2) the country engages in activities that undermine United
States national security or foreign policy interests.
(b) Reviews.--Beginning 1 year after the date of the enactment of
this Act, and annually thereafter, the President shall conduct a review
to determine if a basis exists for withdrawing the designation of a
country as a beneficiary country under this Act. In determining whether
or not to withdraw such designation, the President shall consider--
(1) whether or not the country has established, or is
making continual progress toward establishing--
(A) a market-based economy that protects private
property rights, incorporates an open rules-based
trading system, and minimizes government interference
in the economy through measures such as price controls,
subsidies, and government ownership of economic assets;
(B) the rule of law and the right to due process, a
fair trial, and equal protection under the law;
(C) political pluralism, a climate free of
political intimidation and restrictions on peaceful
political activity, and democratic elections that meet
international standards of fairness, transparency, and
participation;
(D) the elimination of barriers to United States
trade and investment, including by--
(i) providing national treatment and
measures to create an environment conducive to
domestic and foreign investment;
(ii) protecting intellectual property; and
(iii) resolving bilateral trade and
investment disputes;
(E) economic policies that reduce poverty, increase
the availability of health care and educational
opportunities, expand physical infrastructure, promote
the development of private enterprise, and encourage
the formation of capital markets through micro-credit
or other programs;
(F) a system to combat corruption and bribery, such
as signing and implementing the OECD Convention on
Combating Bribery of Foreign Public Officials in
International Business Transactions;
(G) protection of internationally recognized worker
rights, including the right of association, the right
to organize and bargain collectively, a prohibition on
the use of any form of forced or compulsory labor, a
minimum age for the employment of children, and
acceptable conditions of work; and
(H) policies that provide a high level of
environmental protection;
(2) the country's record on activities that undermine
United States national security or foreign policy interests,
and support of a peaceful resolution of the Israeli-Palestinian
conflict;
(3) whether the country is a signatory of the United
Nations Declaration of Human Rights, engages in gross
violations of internationally recognized human rights, and is
making continuing and verifiable progress on the protection of
internationally recognized human rights, including freedom of
speech and press, freedom of peaceful assembly and association,
and freedom of religion;
(4) the country's participation in the primary, secondary,
or tertiary economic boycott of Israel; and
(5) whether the country otherwise meets the eligibility
criteria set forth in subsection (b)(2) of section 502 of the
Trade Act of 1974 (19 U.S.C. 2462), other than subparagraph (B)
of such subsection.
(c) Continuing Compliance.--If the President determines under
subsection (b) that a country should no longer be designated as a
beneficiary country, the President shall withdraw such designation.
(d) Countries Eligible for Designation.--The countries referred to
in subsection (a) are the following countries of the greater Middle
East or their successor political entities:
(1) Afghanistan.
(2) Algeria.
(3) Azerbaijan.
(4) Bahrain.
(5) Bangladesh.
(6) Egypt.
(7) Iraq.
(8) Kuwait.
(9) Lebanon.
(10) Morocco.
(11) Oman.
(12) Pakistan.
(13) Qatar.
(14) Saudi Arabia.
(15) Tunisia.
(16) Turkey.
(17) United Arab Emirates.
(18) Yemen.
(e) The Palestinian Authority.--
(1) Designation.--The President is authorized to designate
the Palestinian Authority or its successor political entity as
a beneficiary political entity which, if so designated, shall
be eligible for the duty-free treatment under this Act as if it
were a beneficiary country, if the President determines that
the Palestinian Authority--
(A) does not participate in acts of terrorism,
takes active measures to combat terrorism, and
cooperates fully in international efforts to combat
terrorism;
(B) does not engage in activities that undermine
United States national security or foreign policy
interests;
(C) does not engage in gross violations of
internationally recognized human rights, and is making
continuing and verifiable progress on the protection of
internationally recognized human rights, including
freedom of speech and the press, freedom of peaceful
assembly and association, and freedom of religion; and
(D) accepts Israel's right to exist in peace within
secure borders.
(2) Withdrawal.--The President shall withdraw the
designation of the Palestinian Authority under paragraph (1) at
any time that the President determines that the Palestinian
Authority no longer meets the requirements of paragraph (1).
(f) Notification of Congress.--In any case in which the President
withdraws the designation of a country as a beneficiary country under
subsection (a) or (c), or withdraws the designation of the Palestinian
Authority under subsection (d)(2), the President shall notify the
Congress of such withdrawal and the reasons therefor.
SEC. 3. RULE OF ORIGIN GENERAL RULE.
(a) General Rule.--
(1) Duty-free treatment.--The duty-free treatment provided
under this Act shall apply to any article which is the growth,
product, or manufacture of 1 or more beneficiary countries if--
(A) that article is imported directly from a
beneficiary country into the customs territory of the
United States; and
(B) the sum of--
(i) the cost or value of the materials
produced in 1 or more beneficiary countries,
plus
(ii) the direct cost of processing
operations performed in such beneficiary
country or countries,
is not less than 35 percent of the appraised value of
such article at the time it is entered.
(2) U.S. content.--For purposes of determining the
percentage referred to in paragraph (1)(B), if the cost or
value of materials produced in the customs territory of the
United States is included with respect to an article to which
this paragraph applies, an amount not to exceed 15 percent of
the appraised value of the article at the time it is entered
that is attributed to such United States cost or value may be
applied toward determining the percentage referred to in
paragraph (1)(B).
(b) Definition.--In this section, the term ``entered'' means
entered, or withdrawn from warehouse for consumption, in the customs
territory of the United States. | Directs the President to provide duty-free treatment for certain tents imported from Afghanistan, Algeria, Azerbaijan, Bahrain, Bangladesh, Egypt, Iraq, Kuwait, Lebanon, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Tunisia, Turkey, the United Arab Emirates, or Yemen (beneficiary countries).
Prohibits a country from being designated, and if designated, requires it to be withdrawn if it is: (1) listed by the U.S. Department of State as a state sponsor of terrorism; or (2) engaged in activities that undermine U.S. national security or foreign policy interests.
Requires the President, after one year and annually thereafter, to review and determine if a basis exists for withdrawal of such duty-free treatment, taking into consideration: (1) whether or not each beneficiary country has established, or is making continual progress toward establishing, a market-based economy, the rule of law and the right to due process, political pluralism, and other specified economic and political goals; (2) the country's record on activities that undermine U.S. national security or foreign policy interests, and support of a peaceful resolution of the Israeli-Palestinian conflict; (3) whether it is a signatory of the United Nations Declaration of Human Rights, does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights; (4) the country's participation in the primary, secondary, or tertiary economic boycott of Israel; and (5) whether it otherwise meets specified eligibility criteria of the Trade Act of 1974. Requires the President to terminate the designation of any beneficiary country determined no longer to meet the requirements of this Act.
Authorizes the President to designate the Palestinian Authority or its successor political entity as a beneficiary political entity, which, if so designated, shall be eligible for the duty-free treatment under this Act as if it were a beneficiary country, if the Authority: (1) does not participate in acts of terrorism, takes active measures to combat terrorism, and cooperates fully in international efforts to combat terrorism; (2) does not engage in activities that undermine U.S. national security or foreign policy interests; (3) does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights; and (4) accepts Israel's right to exist in peace within secure borders. Requires the President to terminate the designation of the Authority if it is determined that the Authority no longer meets such requirements.
Requires the President to notify Congress concerning the withdrawal of a country's or the Authority's designation.
Prescribes the rule of origin for tents imported directly from beneficiary countries. Requires that the sum of the cost or value of the materials produced in one or more beneficiary countries, plus the direct cost of processing operations performed in such beneficiary country or countries, be at least 35 percent of the appraised value of such article at the time it is entered into the U.S. customs territory. | {"src": "billsum_train", "title": "To extend trade benefits to certain tents imported into the United States."} | 1,631 | 663 | 0.679925 | 2.616135 | 0.742791 | 4.898477 | 2.671743 | 0.956007 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Development Centers
Improvement Act of 2014''.
SEC. 2. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding
at the end the following:
``SEC. 48. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS.
``(a) Expanded Support for Entrerpreneurs.--
``(1) In general.--Notwithstanding any other provision of
law, the Administrator shall only use the programs authorized
in sections 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, and 32 of
this Act, and sections 358 and 389 of the Small Business
Investment Act to deliver entrepreneurial development services,
entrepreneurial education, business incubation services, growth
acceleration services, support for the development and
maintenance of clusters, or business training.
``(2) Exception.--This section shall not apply to services
provided to assist small business concerns owned by an Indian
tribe.
``(b) Annual Report.--Beginning on the first December 1 after the
date of enactment of this subsection, the Administrator shall annually
report to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate on all entrepreneurial development
activities undertaken in the current fiscal year. This report shall
include--
``(1) a description and operating details for each program
and activity;
``(2) operating circulars, manuals, and standard operating
procedures for each program and activity;
``(3) a description of the process used to award grants
under each program and activity;
``(4) a list of all awardees, contractors, and vendors
(including organization name and location) and the amount of
awards for the current fiscal year for each program and
activity;
``(5) the amount of funding obligated for the current
fiscal year for each program and activity; and
``(6) the names and titles for those individuals
responsible for each program and activity.''.
SEC. 3. MARKETING OF SERVICES.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended by
adding at the end the following:
``(o) No Prohibition of Marketing of Services.--The Administrator
shall not prohibit applicants receiving grants under this section from
marketing and advertising their services to individuals and small
businesses.''.
SEC. 4. CONFIDENTIALITY REQUIREMENTS.
Section 21(a)(7)(A) of the Small Business Act (15 U.S.C.
648(a)(7)(A)) is amended by inserting after ``under this section'' the
following: ``to any State, local or Federal agency or third party''.
SEC. 5. DATA COLLECTION.
(a) In General.--Section 21(a)(3)(A) of the Small Business Act (15
U.S.C. 648(a)(3)(A)) is amended--
(1) in clause (ii), by striking ``as provided in this
section and'' and inserting ``as provided in this section,'';
and
(2) by inserting before the period at the end the
following: ``, and (iv) governing data collection activities
related to applicants receiving grants under this section''.
(b) Annual Report on Data Collection.--Section 21 of the Small
Business Act (15 U.S.C. 648), as amended by section 3 of this Act, is
further amended by adding at the end the following:
``(p) Annual Report on Data Collection.--The Administrator shall
report annually to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate on data collection activities related to
the Small Business Development Center program.''.
SEC. 6. MATCHMAKING AND OTHER EVENTS.
Section 21(a)(3)(C) of the Small Business Act (15 U.S.C.
648(a)(3)(C)) is amended to read as follows:
``(C) Such participation in private partnerships and
cosponsorships with the Administration shall not limit Small
Business Development Centers from collecting fees or other
income related to the operation of such partnerships and
cosponsorships.''.
SEC. 7. EQUITY FOR SBDCS.
Section 21(a)(4)(C)(v)(I) of the Small Business Act (15 U.S.C.
648(a)(4)(C)(v)(I)) is amended--
(1) in item (aa), by striking ``; and'' and inserting a
period; and
(2) by striking item (bb).
SEC. 8. AWARD OF GRANTS TO SBDCS.
Section 21 of the Small Business Act (15 U.S.C. 648), as amended by
sections 3 and 5 of this Act, is further amended by adding at the end
the following:
``(q) Limitation on Award of Grants.--Except for not-for-profit
institutions of higher education, notwithstanding any provision of law,
the Administrator shall not award grants (including contracts and
cooperative agreements) under this section to any entity other than
those that received grants (including contracts and cooperative
agreements) under this section prior to September 30, 2014, and that
seek to renew such grants (including contracts and cooperative
agreements) after such date.''.
SEC. 9. DISASTER REFORMS.
Section 21(b)(3) of the Small Business Act (15 U.S.C. 648(b)(3)) is
amended--
(1) by striking ``(3) At the discretion'' and inserting the
following:
``(3) Assistance to out-of-state small businesses.--
``(A) In general.--At the discretion''; and
(2) by adding at the end the following:
``(B) Disaster recovery assistance.--
``(i) In general.--At the discretion of the
Administrator, the Administrator may authorize
a small business development center to provide
assistance, as described in subsection (c), to
a small business concern located outside of the
State, without regard to geographic proximity,
if the small business concern is located in an
area for which the President has declared a
major disaster under section 401 of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170), during the
period of the declaration.
``(ii) Continuity of services.--A small
business development center that provides
counselors to an area described in clause (i)
shall, to the maximum extent practicable,
ensure continuity of services in any State in
which the small business development center
otherwise provides services.
``(iii) Access to disaster recovery
facilities.--For purposes of this subparagraph,
the Administrator shall, to the maximum extent
practicable, permit the personnel of a small
business development center to use any site or
facility designated by the Administrator for
use to provide disaster recovery assistance.''.
SEC. 10. INCLUSIONS OF ENTREPRENEURSHIP TRAINING FOR UNEMPLOYED
INDIVIDUALS.
Section 21(c)(3)(A) of the Small Business Act (15 U.S.C.
648(c)(3)(A)) is amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) in clause (iv), by inserting ``and'' at the end; and
(3) by adding at the end the following:
``(v) educating unemployed individuals on
entrepreneurship and working with such individuals to
start new businesses;''. | Small Business Development Centers Improvement Act of 2014 - (Sec. 2) Amends the Small Business Act with respect to the authority of the Small Business Administration (SBA) to use certain SBA programs, including the small business development center (SBDC) program, to provide grants, financial assistance, loans, export assistance, and subcontracting opportunities on federal contracts to specified small businesses, organizations, state governments, universities, companies, and other entities that provide assistance to smaller enterprises. Declares that the SBA shall only use such programs to deliver entrepreneurial development services, entrepreneurial education, business incubation services, growth acceleration services, support for the development and maintenance of clusters, or business training. Makes such program requirements inapplicable to services provided to assist small business concerns owned by an Indian tribe. Directs the SBA to report annually to specified congressional committees regarding all entrepreneurial development activities undertaken in the current fiscal year. Requires such report to include: (1) a description of the process used to award grants under each program and activity; (2) a list of all awardees, contractors, and vendors; and (3) the amount of funding obligated for the current fiscal year for each program and activity. (Sec. 3) Bars the SBA from prohibiting applicants receiving grants under the SBDC program from marketing and advertising their services to individuals and small businesses. (Sec. 4) Revises privacy requirements under such program to specify that SBDCs (including consortia and affiliated contractors or agents) are prohibited, subject to existing exceptions, from disclosing the name, address, or telephone number of any individual or small business concern receiving assistance to any state, local, or federal agency or third party. (Sec. 5) Directs the SBA to consult with SBDC associations to develop documents governing data collection activities related to applicants receiving grants. Requires the SBA to report annually to specified congressional committees regarding such data collection activities. (Sec. 6) Prohibits participation in private partnerships and cosponsorships with the SBA from limiting SBDCs from collecting fees or other income related to the operation of such partnerships and cosponsorships. (Sec. 7) Removes a limitation on the amount of funds the SBA may use to pay the examination expenses of the SBDC accreditation program. (Sec. 8) Prohibits the SBA from awarding grants (including contracts and cooperative agreements) under the SBDC program to any entity other than those that: (1) received such grants prior to September 30, 2014, and (2) seek to renew such grants after such date. Exempts not-for-profit institutions of higher education from such prohibition. (Sec. 9) Authorizes the SBA to permit SBDCs to provide certain problem-solving assistance to a small business concern located outside the state, without regard to geographic proximity, if it is located in a presidentially-declared major disaster area, during the period of the declaration. Requires a SBDC that provides counselors to such an area to ensure continuity of services in any state in which the SBDC otherwise provides services. Requires the SBA to permit SBDC personnel to use any SBA designated site or facility for use to provide disaster recovery assistance. (Sec. 10) Requires SBDC services to include educating unemployed individuals on entrepreneurship and working with them to start new businesses. | {"src": "billsum_train", "title": "Small Business Development Centers Improvement Act of 2014"} | 1,716 | 749 | 0.698111 | 2.518267 | 0.733441 | 3.376206 | 2.379421 | 0.839228 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Active Community Transportation Act
of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearly half of the trips taken in the United States are
within a 20-minute bicycle ride, and a quarter of such trips
are within a 20-minute walk.
(2) Approximately 90 percent of public transportation trips
are accessed by walking or bicycling.
(3) More than 100 communities across the Nation have
adopted complete streets policies, thereby proving the
commitment of these communities to creating streets that are
safe and convenient for users of all ages and abilities,
including those who are walking, bicycling, taking public
transportation, or driving.
(4) Communities that invest in active transportation
infrastructure experience significant increases in bicycling
and walking rates over time, and such investments are in strong
demand because they enhance the livability of communities.
(5) The communities that perform best in encouraging active
transportation create interconnected systems that make it
convenient and safe to travel on foot or by bicycle to
destinations on a routine basis.
(6) Achieving a mode shift to active transportation within
a community requires intensive, concentrated funding of active
transportation systems rather than discrete, piecemeal
projects.
(7) Increased use of active transportation leads to
reductions in traffic congestion, greenhouse gas emissions,
vehicle miles traveled, oil dependence, air pollution, and
obesity and diseases associated with physical inactivity.
(8) Given the contribution that active transportation makes
to these national policy goals, and the opportunity active
transportation provides to accommodate short trips at the least
cost to the public and individuals, funding of active
transportation is one of the most strategic and cost effective
Federal transportation investments available.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Active transportation.--The term ``active
transportation'' means mobility options powered solely by human
energy, such as bicycling and walking.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(3) Program.--The term ``program'' means the active
transportation investment program established under section 4.
SEC. 4. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM.
(a) In General.--The Secretary of Transportation shall carry out an
active transportation investment program in accordance with the
requirements of this section.
(b) Purpose.--The purpose of the program shall be to encourage a
mode shift to active transportation within selected communities by
providing safe and convenient opportunities to bicycle and walk for
routine travel.
(c) Selection of Communities.--
(1) Applications.--A community seeking to participate in
the program shall submit to the Secretary an application that
is in such form and contains such information as the Secretary
may require.
(2) Initial and additional selections.--
(A) Initial selections.--The Secretary shall select
initial communities to participate in the program. Such
communities shall participate in the program in each of
fiscal years 2011 through 2015.
(B) Additional selections.--Following the initial
selections under subparagraph (A), the Secretary shall
select additional communities to participate in the
program. Such communities shall participate in the
program in each of fiscal years 2013 through 2015.
(3) Criteria.--
(A) In general.--In selecting communities to
participate in the program, the Secretary shall
consider, at a minimum, the extent to which a
community--
(i) provides a plan for development of
walking and bicycling infrastructure that is
likely to contribute to a significant
transportation mode shift to walking and
bicycling;
(ii) demonstrates broad community support
that will facilitate successful and expeditious
implementation;
(iii) demonstrates a cohesive plan in which
noninfrastructure elements, where proposed,
reinforce achievement of the purpose of the
program;
(iv) provides evidence of regulatory or
financial incentives or community design
policies that facilitate significant increases
in bicycling or walking; and
(v) commits State, local, or eligible
Federal matching funds, in addition to Federal
funds made available under this section, to
projects eligible for assistance under this
section.
(B) Strategic priorities that facilitate success.--
For purposes of subparagraph (A)(i), strategic
priorities that facilitate success in increasing
walking and bicycling include effective plans--
(i) to create a network of active
transportation facilities connecting
neighborhoods with destinations such as
workplaces, schools, residences, businesses,
recreation areas, and other community activity
centers;
(ii) to integrate active transportation
facilities with transit services, where
available, to improve access to public
transportation; and
(iii) to deliver safe, convenient, cost-
effective mobility via walking and bicycling.
(C) Indicators of community support.--For purposes
of subparagraph (A)(ii), indicators of community
support include--
(i) the use of public input in the
development of transportation plans; and
(ii) the commitment of community leaders to
the success and timely implementation of
projects eligible for assistance under this
section.
(d) Grants.--
(1) In general.--The Secretary shall make grants to each
community selected to participate in the program.
(2) Recipients.--A recipient of a grant representing a
community under the program shall be a local or regional
governmental organization, multi-county special district, or
Indian tribe that the Secretary determines is suitably equipped
and organized to carry out the objectives and requirements of
this section. Such organizations include metropolitan planning
organizations and other regional planning organizations.
(3) Subrecipients.--A recipient of a grant under the
program may suballocate funds from the grant to a nonprofit
organization to carry out the purposes of the program.
(4) Inclusion of certain communities.--To fulfill the
Nation's need to achieve and document mode shift to bicycling
and walking over time, the 4 communities that received pilot
funding under section 1807 of SAFETEA-LU (119 Stat. 1460) may
be among the communities selected by the Secretary under
subsection (c).
(5) Grants amounts.--
(A) In general.--The Secretary may make a grant as
low as $5,000,000 and as high as $15,000,000 per fiscal
year for a community participating in the program. The
Secretary shall ensure that grant awards under the
program are sufficiently high to enable a mode shift to
active transportation.
(B) Justification for larger grants.--Subject to
the $15,000,000 per fiscal year limit set forth in
subparagraph (A), the Secretary may justify a grant in
a higher amount for a community under the program based
on the population served, greater opportunities to
shift trips to bicycling and walking, or use of
innovative design features.
(e) Eligible Projects.--Grants made to communities under this
section shall be used for one or more of the following purposes:
(1) To carry out projects to construct networks of active
transportation infrastructure facilities, including sidewalks,
bikeways, and pedestrian and bicycle trails, that connect
people with public transportation, workplaces, schools,
residences, businesses, recreation areas, and other community
activity centers.
(2) To carry out projects to provide for bicycle boxes,
cycle tracks, bicycle boulevards, dual traffic signals, and
bicycle sharing stations.
(3) To carry out projects to restore and upgrade current
active transportation infrastructure facilities.
(4) To carry out projects to support educational
activities, safety-oriented activities, and technical
assistance to further the purpose of the program.
(f) Program Measures.--In carrying out the program, the Secretary
shall develop statistical information on changes in motor vehicle,
active transportation, and public transportation usage in communities
participating in the program and assess how the changes impact
congestion and energy usage, impact the frequency of bicycling and
walking, and impact health, safety, and the environment. In addition,
the Secretary shall develop interim measures of progress, which may
include indicators of public engagement, educational outcomes, and
project advancement into planning and development.
(g) Deadlines.--
(1) Request for applications.--Not later than 60 days after
the date of enactment of this Act, the Secretary shall publish
in the Federal Register a request for applications pursuant to
subsection (c)(1).
(2) Selection of initial communities.--Not later than 180
days after such date of enactment, the Secretary shall select
initial communities to participate in the program under
subsection (c)(2)(A).
(3) Selection of additional communities.--Not later than
September 30, 2012, the Secretary shall select additional
communities to participate in the program under subsection
(c)(2)(B).
(4) Grants.--The Secretary shall make grants to selected to
participate in the program under subsection (c)--
(A) for fiscal year 2011, not later than the later
of--
(i) the 60th day after the date of the
selection of communities under subsection
(c)(2)(A); and
(ii) the 30th day of the fiscal year; and
(B) for each of fiscal years 2012 through 2015, not
later than 30th day of the fiscal year.
(h) Reports.--
(1) In general.--The Secretary shall submit to Congress--
(A) an interim report on progress made under the
program not later than September 30, 2014; and
(B) a final report on progress made under the
program not later than September 30, 2016.
(2) Contents.--Each report submitted under paragraph (1)
shall include the Secretary's findings concerning the best
practices of communities participating in the program and the
impediments experienced by such communities relating to program
development and achieving a mode shift to active
transportation.
(i) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section--
(A) $300,000,000 for fiscal year 2011;
(B) $300,000,000 for fiscal year 2012;
(C) $466,666,666 for fiscal year 2013;
(D) $466,666,666 for fiscal year 2014; and
(E) $466,666,668 for fiscal year 2015.
(2) Contract authority.--Funds authorized to be
appropriated by this section shall be available for obligation
and administered in the same manner as if the funds were
apportioned under chapter 1 of title 23, United States Code,
except that the Federal share of the cost of a project carried
out using the funds shall be 100 percent, and the funds shall
remain available until expended and shall not be transferable.
(3) Administrative costs.--
(A) Set aside.--Each fiscal year, the Secretary
shall set aside not more than 1.5 percent of the funds
made available to carry out this section to cover the
costs of administrative, research, technical
assistance, communications, and training activities
under the program.
(B) Contracts and other agreements.--The Secretary
may enter into contracts with for-profit organizations,
or contracts, partnerships, or cooperative agreements
with other government agencies, institutions of higher
learning, or nonprofit organizations, to perform
activities with amounts set aside under subparagraph
(A). The Federal share of the cost of such activities
may be up to 100 percent.
(C) Limitation on statutory construction.--Nothing
in this paragraph may be construed to prohibit a
community from receiving research or other funds under
title 23 or 49, United States Code.
(j) Treatment of Projects.--
(1) Noninfrastructure projects.--Noninfrastructure projects
and infrastructure projects that do not involve or lead
directly to construction assisted under this subsection shall
not be treated as projects on a Federal-aid system under
chapter 1 of title 23, United States Code.
(2) Infrastructure projects.--Not later than one year after
the date of enactment of this Act, the Secretary shall develop
regulations or guidance (or both) for Federal-aid projects
under this section that encourages the use of the programmatic
categorical exclusion, expedited procurement techniques, and
other best practices to facilitate productive and timely
expenditure for projects that are small, low impact, and
constructed within an existing built environment.
(3) State processes.--The Secretary shall work with State
departments of transportation to ensure that any guidance or
regulation developed under paragraph (2) is being implemented
by States and the Federal Highway Administration consistently
to avoid unnecessary delays in implementing projects and to
ensure the effective use of Federal dollars.
(k) Assistance to Indian Tribes.--Notwithstanding any other
provision of law, the Secretary may enter into grants agreements, self-
determination contracts, and self-governance compacts under the
authority of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) with eligible Indian tribes to carry out the
purposes of this Act, and such grant agreements, self-determination
contracts, and self-governance compacts shall be administered in
accordance with that Act. | Active Community Transportation Act of 2010 - Directs the Secretary of Transportation to carry out an active transportation investment program to encourage a mode shift to active transportation within selected communities that have development plans that provide safe and convenient opportunities to travel by bicycling and walking.
Requires the Secretary to make grants to communities through local or regional governmental organizations, multi-county special districts, or Indian tribes to carry out active transportation (bicycling and walking) infrastructure projects that connect people with public transportation, workplaces, residences, businesses, recreation areas, and other community activity centers. | {"src": "billsum_train", "title": "To direct the Secretary of Transportation to carry out an active transportation investment program to encourage a mode shift to active transportation within selected communities by providing safe and convenient options to bicycle and walk for routine travel, and for other purposes."} | 2,788 | 123 | 0.596176 | 1.565113 | 0.540714 | 4.102804 | 24.663551 | 0.981308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Safety Protection Act''.
TITLE I--TOY LABELING REQUIREMENTS
SEC. 101. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.
(a) Requirement Under Federal Hazardous Substances Act.--The
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended by
adding at the end the following new section:
``SEC. 24. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.
``(a) Toys or Games for Children Who Are at Least 3.--
``(1) Requirement.--The packaging of any toy or game intended
for use by children who are at least 3 years old but not older than
6 years (or such other upper age limit as the Commission may
determine, which may not be less than 5 years old), any descriptive
material which accompanies such toy or game, and, in the case of
bulk sales of such toy or game when unpackaged, any bin, container
for retail display, or vending machine from which the unpackaged
toy or game is dispensed shall bear or contain the cautionary
statement described in paragraph (2) if the toy or game--
``(A) is manufactured for sale, offered for sale, or
distributed in commerce in the United States, and
``(B) includes a small part, as defined by the Commission.
``(2) Label.--The cautionary statement required by paragraph
(1) for a toy or game shall be as follows:
<GRAPHIC><TIFF>TB11MY94.09a
``(b) Balloons, Small Balls, and Marbles.--
``(1) Requirement.--In the case of any latex balloon, any ball
with a diameter of 1.75 inches or less intended for children 3
years of age or older, any marble intended for children 3 years of
age or older, or any toy or game which contains such a balloon,
ball, or marble, which is manufactured for sale, offered for sale,
or distributed in commerce in the United States--
``(A) the packaging of such balloon, ball, marble, toy, or
game,
``(B) any descriptive material which accompanies such
balloon, ball, marble, toy, or game, and
``(C) in the case of bulk sales of any such product when
unpackaged, any bin, container for retail display, or vending
machine from which such unpackaged balloon, ball, marble, toy,
or game is dispensed,
shall bear or contain the cautionary statement described in
paragraph (2).
``(2) Label.--The cautionary statement required under paragraph
(1) for a balloon, ball, marble, toy, or game shall be as follows:
``(A) Balloons.--In the case of balloons, or toys or games
that contain latex balloons, the following cautionary statement
applies:
<GRAPHIC><TIF1>TB11MY94.10a
``(B) Balls.--In the case of balls, the following
cautionary statement applies:
<GRAPHIC><TIF2>TB11MY94.11a
``(C) Marbles.--In the case of marbles, the following
cautionary statement applies:
<GRAPHIC><TIF3>TB11MY94.12a
``(D) Toys and games.--In the case of toys or games
containing balls, the following cautionary statement applies:
<GRAPHIC><TIF4>TB11MY94.13a
In the case of toys or games containing marbles, the following
cautionary statement applies:
<GRAPHIC><TIF5>TB11MY94.14a
``(c) General Labeling Requirements.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), any cautionary statement required under subsection (a) or (b)
shall be--
``(A) displayed in its entirety on the principal display
panel of the product's package, and on any descriptive material
which accompanies the product, and, in the case of bulk sales
of such product when unpackaged, on the bin, container for
retail display of the product, and any vending machine from
which the unpackaged product is dispensed, and
``(B) displayed in the English language in conspicuous and
legible type in contrast by typography, layout, or color with
other printed matter on such package, descriptive materials,
bin, container, and vending machine, and in a manner consistent
with part 1500 of title 16, Code of Federal Regulations (or
successor regulations thereto).
``(2) Exception for products manufactured outside united
states.--In the case of a product manufactured outside the United
States and directly shipped from the manufacturer to the consumer
by United States mail or other delivery service, the accompanying
material inside the package of the product may fail to bear the
required statement if other accompanying material shipped with the
product bears such statement.
``(3) Special rules for certain packages.--(A) A cautionary
statement required by subsection (a) or (b) may, in lieu of display
on the principal display panel of the product's package, be
displayed on another panel of the package if--
``(i) the package has a principal display panel of 15
square inches or less and the required statement is displayed
in three or more languages; and
``(ii) the statement specified in subparagraph (B) is
displayed on the principal display panel and is accompanied by
an arrow or other indicator pointing toward the place on the
package where the statement required by subsection (a) or (b)
appears.
``(B)(i) In the case of a product to which subsection (a),
subsection (b)(2)(B), subsection (b)(2)(C), or subsection (b)(2)(D)
applies, the statement specified by this subparagraph is as
follows:
<GRAPHIC><TIF6>TB11MY94.15a
``(ii) In the case of a product to which subsection (b)(2)(A)
applies, the statement specified by this subparagraph is as
follows:
<GRAPHIC><TIF7>TB11MY94.16a
``(d) Treatment as Misbranded Hazardous Substance.--A balloon,
ball, marble, toy, or game, that is not in compliance with the
requirements of this subsection shall be considered a misbranded
hazardous substance under section 2(p).''.
(b) Other Small Balls.--A small ball--
(1) intended for children under the age of 3 years of age, and
(2) with a diameter of 1.75 inches or less,
shall be considered a banned hazardous substance under section 2(q) of
the Federal Hazardous Substances Act (15 U.S.C. 1261(q)).
(c) Regulations.--The Consumer Product Safety Commission
(hereinafter referred to as the ``Commission'') shall promulgate
regulations, under section 553 of title 5, United States Code, for the
implementation of this section and section 24 of the Federal Hazardous
Substances Act by July 1, 1994, or the date that is 6 months after the
date of enactment of this Act, whichever occurs first. Subsections (f)
through (i) of section 3 of the Federal Hazardous Substances Act (15
U.S.C. 1262) shall not apply with respect to the issuance of
regulations under this subsection.
(d) Effective Date; Applicability.--Subsections (a) and (b) shall
take effect January 1, 1995, and section 24 of the Federal Hazardous
Substances Act shall apply only to products entered into commerce on or
after January 1, 1995.
(e) Preemption.--
(1) In general.--Subject to paragraph (2), a State or political
subdivision of a State may not establish or enforce a requirement
relating to cautionary labeling of small parts hazards or choking
hazards in any toy, game, marble, small ball, or balloon intended
or suitable for use by children unless such requirement is
identical to a requirement established by amendments made by this
section to the Federal Hazardous Substances Act or by regulations
promulgated by the Commission.
(2) Exception.--A State or political subdivision of a State
may, until January 1, 1995, enforce a requirement described in
paragraph (1) if such requirement was in effect on October 2, 1993.
SEC. 102. REPORTING REQUIREMENTS.
(a) Reports to Consumer Product Safety Commission.--
(1) Requirement to report.--Each manufacturer, distributor,
retailer, and importer of a marble, small ball, or latex balloon,
or a toy or game that contains a marble, small ball, latex balloon,
or other small part, shall report to the Commission any information
obtained by such manufacturer, distributor, retailer, or importer
which reasonably supports the conclusion that--
(A) an incident occurred in which a child (regardless of
age) choked on such a marble, small ball, or latex balloon or
on a marble, small ball, latex balloon, or other small part
contained in such toy or game; and
(B) as a result of that incident the child died, suffered
serious injury, ceased breathing for any length of time, or was
treated by a medical professional.
(2) Treatment under cpsa.--For purposes of section 19(a)(3) of
the Consumer Product Safety Act (15 U.S.C. 2068(a)(3)), the
requirement to report information under this subsection is deemed
to be a requirement under such Act.
(3) Effect on liability.--A report by a manufacturer,
distributor, retailer, or importer under paragraph (1) shall not be
interpreted, for any purpose, as an admission of liability or of
the truth of the information contained in the report.
(b) Confidentiality Protections.--The confidentiality protections
of section 6(b) of the Consumer Product Safety Act (15 U.S.C. 2055(b))
apply to any information reported to the Commission under subsection
(a) of this section. For purposes of section 6(b)(5) of such Act,
information so reported shall be treated as information submitted
pursuant to section 15(b) of such Act respecting a consumer product.
TITLE II--CHILDREN'S BICYCLE HELMET SAFETY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Children's Bicycle Helmet Safety
Act of 1994''.
SEC. 202. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Administrator of the National Highway Traffic
Safety Administration may, in accordance with section 203, make grants
to States, political subdivisions of States, and nonprofit
organizations for programs that require or encourage individuals under
the age of 16 to wear approved bicycle helmets. In making those grants,
the Administrator shall allow grantees to use wide discretion in
designing programs that effectively promote increased bicycle helmet
use.
(b) Federal Share.--The amount provided by a grant under this
section shall not exceed 80 percent of the cost of the program for
which the grant is made. In crediting the recipient State, political
subdivision, or nonprofit organization for the non-Federal share of the
cost of such a program (other than planning and administration), the
aggregate of all expenditures made by such State, political
subdivision, or nonprofit organization (exclusive of Federal funds) for
the purposes described in section 203 (other than expenditures for
planning and administration) shall be available for such crediting,
without regard to whether such expenditures were actually made in
connection with such program.
SEC. 203. PURPOSES FOR GRANTS.
A grant made under section 202 may be used by a grantee to--
(1) enforce a law that requires individuals under the age of 16
to wear approved bicycle helmets on their heads while riding on
bicycles;
(2) provide assistance, to individuals under the age of 16 who
may not be able to afford approved bicycle helmets, to enable such
individuals to acquire such helmets;
(3) develop and administer a program to educate individuals
under the age of 16 and their families on the importance of wearing
such helmets in order to improve bicycle safety; or
(4) carry out any combination of the activities described in
paragraphs (1), (2), and (3).
The Administrator shall review grant applications for compliance with
this section prior to awarding grants.
SEC. 204. REPORT TO CONGRESS.
Not later than May 1, 1997, the Administrator of the National
Highway Traffic Safety Administration shall report to Congress on the
effectiveness of the grant program established by section 202. The
report shall include a list of grant recipients, a summary of the types
of programs implemented by the grantees, and any recommendation by the
Administrator regarding how the program should be changed in the
future.
SEC. 205. STANDARDS.
(a) In General.--Bicycle helmets manufactured 9 months or more
after the date of the enactment of this Act shall conform to--
(1) any interim standard described under subsection (b),
pending the establishment of a final standard pursuant to
subsection (c); and
(2) the final standard, once it has been established under
subsection (c).
(b) Interim Standards.--The interim standards are as follows:
(1) The American National Standards Institute standard
designated as ``Z90.4-1984''.
(2) The Snell Memorial Foundation standard designated as ``B-
90''.
(3) The American Society for Testing and Materials (ASTM)
standard designated as ``F 1447''.
(4) Any other standard that the Commission determines is
appropriate.
(c) Final Standard.--Not later than 60 days after the date of the
enactment of this Act, the Commission shall begin a proceeding under
section 553 of title 5, United States Code, to--
(1) review the requirements of the interim standards set forth
in subsection (a) and establish a final standard based on such
requirements;
(2) include in the final standard a provision to protect
against the risk of helmets coming off the heads of bicycle riders;
(3) include in the final standard provisions that address the
risk of injury to children; and
(4) include additional provisions as appropriate.
Sections 7, 9, and 30(d) of the Consumer Product Safety Act (15 U.S.C.
2056, 2058, 2079(d)) shall not apply to the proceeding under this
subsection and section 11 of such Act (15 U.S.C. 2060) shall not apply
with respect to any standard issued under such proceeding. The final
standard shall take effect 1 year from the date it is issued.
(d) Failure To Meet Standards.--
(1) Failure to meet interim standard.--Until the final standard
takes effect, a bicycle helmet that does not conform to an interim
standard as required under subsection (a)(1) shall be considered in
violation of a consumer product safety standard promulgated under
the Consumer Product Safety Act.
(2) Status of final standard.--The final standard developed
under subsection (c) shall be considered a consumer product safety
standard promulgated under the Consumer Product Safety Act.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
For the National Highway Traffic Safety Administration to carry out
the grant program authorized by this title, there are authorized to be
appropriated $2,000,000 for fiscal year 1995, $3,000,000 for fiscal
year 1996, and $4,000,000 for fiscal year 1997.
SEC. 207. DEFINITION.
In this title, the term ``approved bicycle helmet'' means a bicycle
helmet that meets--
(1) any interim standard described in section 205(b), pending
establishment of a final standard under section 205(c); and
(2) the final standard, once it is established under section
205(c).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Toy Labeling Requirements
Title II: Children's Bicycle Helmet Safety
Child Safety Protection Act -
Title I: Toy Labeling Requirements
- Requires warning labels on the packaging of children's toys and games with small parts, balloons, small balls, or marbles.
Establishes general labeling requirements, including that any required cautionary statement be displayed in English, in conspicuous and legible type (consistent with specified Federal regulations), and in its entirety on the principal display panel of the product's package, on any descriptive material accompanying the product, in the case of bulk sales of such product when unpackaged, on any bin, any container for retail display, and any vending machine from which the product is dispensed. Sets forth exceptions, including for products manufactured outside the United States.
Treats a balloon, ball, marble, toy, or game that is not in compliance with labeling requirements as a misbranded hazardous substance.
Sets forth provisions regarding: (1) preemption; (2) reporting requirements; and (3) confidentiality.
Title II: Children's Bicycle Helmet Safety
- Children's Bicycle Helmet Safety Act of 1994 - Authorizes the Administrator of the National Highway Traffic Safety Administration to make grants to States, political subdivisions, and nonprofit organizations for programs that require or encourage individuals under the age of 16 to wear approved bicycle helmets.
Requires bicycle helmets to meet specified interim Consumer Product Safety Commission (CPSC) standards and provides for the setting of a final standard. Considers failure to meet such a standard to be a violation of a consumer product safety standard promulgated under the Consumer Product Safety Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Child Safety Protection Act"} | 3,683 | 388 | 0.632712 | 2.105766 | 0.762821 | 3.827273 | 9.448485 | 0.912121 |
TITLE I--UNEMPLOYMENT COMPENSATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Unemployment Compensation
Extension Act of 2008''.
SEC. 102. ADDITIONAL FIRST-TIER BENEFITS.
Section 4002(b)(1) of the Supplemental Appropriations Act, 2008 (26
U.S.C. 3304 note) is amended--
(1) in subparagraph (A), by striking ``50'' and inserting
``80''; and
(2) in subparagraph (B), by striking ``13'' and inserting
``20''.
SEC. 103. SECOND-TIER BENEFITS.
Section 4002 of the Supplemental Appropriations Act, 2008 (26
U.S.C. 3304 note) is amended by adding at the end the following:
``(c) Special Rule.--
``(1) In general.--If, at the time that the amount
established in an individual's account under subsection (b)(1)
is exhausted or at any time thereafter, such individual's State
is in an extended benefit period (as determined under paragraph
(2)), such account shall be augmented by an amount equal to the
lesser of--
``(A) 50 percent of the total amount of regular
compensation (including dependents' allowances) payable
to the individual during the individual's benefit year
under the State law, or
``(B) 13 times the individual's average weekly
benefit amount (as determined under subsection (b)(2))
for the benefit year.
``(2) Extended benefit period.--For purposes of paragraph
(1), a State shall be considered to be in an extended benefit
period, as of any given time, if--
``(A) such a period is then in effect for such
State under the Federal-State Extended Unemployment
Compensation Act of 1970;
``(B) such a period would then be in effect for
such State under such Act if section 203(d) of such
Act--
``(i) were applied by substituting `4' for
`5' each place it appears; and
``(ii) did not include the requirement
under paragraph (1)(A) thereof; or
``(C) such a period would then be in effect for
such State under such Act if--
``(i) section 203(f) of such Act were
applied to such State (regardless of whether
the State by law had provided for such
application); and
``(ii) such section 203(f)--
``(I) were applied by substituting
`6.0' for `6.5' in paragraph (1)(A)(i)
thereof; and
``(II) did not include the
requirement under paragraph (1)(A)(ii)
thereof.
``(3) Limitation.--The account of an individual may be
augmented not more than once under this subsection.''.
SEC. 104. PHASEOUT PROVISIONS.
Section 4007(b) of the Supplemental Appropriations Act, 2008 (26
U.S.C. 3304 note) is amended--
(1) in paragraph (1), by striking ``paragraph (2),'' and
inserting ``paragraphs (2) and (3),''; and
(2) by striking paragraph (2) and inserting the following:
``(2) No augmentation after march 31, 2009.--If the amount
established in an individual's account under subsection (b)(1)
is exhausted after March 31, 2009, then section 4002(c) shall
not apply and such account shall not be augmented under such
section, regardless of whether such individual's State is in an
extended benefit period (as determined under paragraph (2) of
such section).
``(3) Termination.--No compensation under this title shall
be payable for any week beginning after August 27, 2009.''.
SEC. 105. TEMPORARY FEDERAL MATCHING FOR THE FIRST WEEK OF EXTENDED
BENEFITS FOR STATES WITH NO WAITING WEEK.
With respect to weeks of unemployment beginning after the date of
the enactment of this Act and ending on or before December 8, 2009,
subparagraph (B) of section 204(a)(2) of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) shall not
apply.
SEC. 106. EFFECTIVE DATE.
(a) In General.--The amendments made by sections 102, 103, and 104
shall apply as if included in the enactment of the Supplemental
Appropriations Act, 2008, subject to subsection (b).
(b) Additional Benefits.--In applying the amendments made by
sections 102 and 103, any additional emergency unemployment
compensation made payable by such amendments (which would not otherwise
have been payable if such amendments had not been enacted) shall be
payable only with respect to any week of unemployment beginning on or
after the date of the enactment of this Act.
TITLE II--AUTOMOBILE INDUSTRY EMERGENCY ASSISTANCE
SEC. 201. DIRECT BRIDGE LOANS TO MANUFACTURERS AND SUPPLIERS.
(a) In General.--The Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended by adding at the end the
following:
``TITLE IV--DIRECT BRIDGE LOAN PROVISIONS
``SEC. 401. FINDINGS.
``Congress finds that extraordinary and exigent circumstances have
prevented the automobile industry from securing essential credit and
liquidity from other sources and that the failure of the automobile
industry to obtain such credit and liquidity will have a systemic
adverse effect on the economy.
``SEC. 402. PURPOSES.
``The purposes of this title are--
``(1) to clarify that authority and facilities are
available to be used immediately by the Secretary to restore
liquidity and stability to the automobile industry in the
United States;
``(2) to ensure that such authority and such facilities are
used in a manner that--
``(A) stimulates manufacturing and sales of
automobiles produced by automobile manufacturers in the
United States;
``(B) enhances the ability and the capacity of the
domestic automobile industry to pursue the timely and
aggressive production of energy-efficient advanced
technology vehicles;
``(C) preserves and promotes the jobs of 355,000
workers in the United States directly employed by the
automobile industry and an additional 4,500,000 workers
in the United States employed in related industries;
and
``(D) safeguards the ability of the domestic
automobile industry to provide retirement and health
care benefits for 1,000,000 retirees and their spouses
and dependents; and
``(3) to reaffirm the purposes of section 2, which include
providing the Secretary with broad authority to restore
liquidity and stability to financial institutions, including
automobile finance companies.
``SEC. 403. EMERGENCY DIRECT LOAN PROGRAM.
``(a) In General.--The Secretary shall make loans in an aggregate
amount equal to $25,000,000,000, to automobile manufacturers and
component suppliers that have--
``(1) submitted an application for a loan under this title
that includes a statement of need for Government funding under
this title to prevent a systemic adverse effect on the United
States economy;
``(2) operated a manufacturing facility for the purposes of
producing automobiles or automobile components in the United
States throughout the 20-year period ending on the date of
enactment of this title; and
``(3) operations in the United States the failure of which
would have a systemic adverse effect on the overall United
States economy, as determined by the Secretary.
``(b) Allocation.--In allocating loan amounts under this title, the
Secretary shall prioritize the distribution of loans under this section
based on the magnitude of the impact of the manufacturing operations of
the applicant in the United States on the overall economy of the United
States and other segments of the automobile industry, including the
impact on levels of employment, domestic manufacturing of automobiles
and automobile components, and automobile dealerships.
``(c) Plan for Long-Term Financial Viability.--At the time of
application for a loan under this title, an automobile manufacturer or
component supplier shall submit to the Secretary a detailed plan on how
the Government funds requested will be utilized to ensure the long-term
financial posture of the company, and how such funds will stimulate
automobile production in the United States and improve the capacity of
the company to pursue the timely and aggressive production of energy-
efficient advanced technology vehicles.
``SEC. 404. FUNDING FROM THIRD TRANCHE; TREATMENT OF LOAN AMOUNTS.
``The costs incurred by the Federal Government in making loans
under this title, including credit subsidy costs and administrative
expenses, shall be covered out of the funds made available to the
Secretary generally under section 118 and, specifically, not from funds
which are described in paragraph (1) or (2) of section 115(a), but with
respect to the availability of which the reporting and procedural
requirements contained in paragraph (3) of such section and section
115(c) shall not apply.
``SEC. 405. TIMING OF DISBURSEMENTS.
``(a) Applications.--On and after the date that is 3 days after the
date of enactment of this title, the Secretary shall accept
applications for loans under this title.
``(b) Determination of Eligibility.--Not later than 15 days after
the date on which the Secretary receives an application for a loan
under subsection (a), the Secretary shall make a determination
regarding the eligibility of the applicant, based on whether the
applicant meets the requirements of section 403(a).
``(c) Disbursement.--The Secretary shall begin disbursement of the
proceeds of a loan under this title to an eligible applicant not later
than 7 days after the date on which the Secretary receives a disbursal
request from the applicant, upon a determination of the Secretary that
the applicant is eligible under subsection (b).
``SEC. 406. TERMS AND CONDITIONS.
``(a) Term to Maturity.--The term to maturity of any loan made
under this title shall be 10 years, or such longer period as the
Secretary may determine with respect to such loan.
``(b) Rate of Interest.--The annual rate of interest for a loan
under this title shall be--
``(1) 5 percent during the 5-year period beginning on the
date on which the Secretary disburses the loan; and
``(2) 9 percent after the end of the period described in
paragraph (1).
``(c) Warrants and Debt Instruments.--The Secretary may not make a
loan under this title unless the Secretary receives from the automobile
manufacturer or component supplier a warrant or senior debt instrument
made in accordance with the requirements for a warrant or senior debt
instrument by a financial institution under section 113(d).
``(d) No Prepayment Penalty.--A loan made under this title shall be
prepayable without penalty at any time.
``(e) Executive Compensation.--
``(1) Standards required.--The Secretary shall require any
recipient of a loan under this title to meet appropriate
standards for executive compensation and corporate governance.
``(2) Specific requirements.--The standards established
under paragraph (1) shall include the following:
``(A) Limits on compensation that exclude
incentives for senior executive officers of a recipient
of a loan under this title to take unnecessary and
excessive risks that threaten the value of such
recipient during the period that the loan is
outstanding.
``(B) A provision for the recovery by such
recipient of any bonus or incentive compensation paid
to a senior executive officer based on statements of
earnings, gains, or other criteria that are later found
to be materially inaccurate.
``(C) A prohibition on such recipient making any
golden parachute payment to a senior executive officer
during the period that the loan under this title is
outstanding.
``(D) A prohibition on such recipient paying or
accruing any bonus or incentive compensation during the
period that the loan is outstanding to any executive
whose annual base compensation exceeds $250,000 (which
amount shall be adjusted by the Secretary for
inflation).
``(E) A prohibition on any compensation plan that
could encourage manipulation of the reported earnings
of the recipient to enhance the compensation of any of
its employees.
``(3) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Senior executive officer.--The term `senior
executive officer' means an individual who is 1 of the
top 5 most highly paid executives of a public company,
whose compensation is required to be disclosed pursuant
to the Securities Exchange Act of 1934, and any
regulations issued thereunder, and non-public company
counterparts.
``(B) Golden parachute payment.--The term `golden
parachute payment' means any payment to a senior
executive officer for departure from a company for any
reason.
``(f) Prohibition on Payment of Dividends.--No common stock
dividends may be paid by any recipient of a loan under this title for
the duration of the loan.
``SEC. 407. OVERSIGHT.
``(a) In General.--The provisions of sections 105, 116, 121, and
125 shall apply with respect to any loans made under this title, to the
extent possible, in the same manner and to the same extent as such
sections apply to transactions made under the authority of title I.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents in section
1(b) of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended--
(A) by inserting after the item relating to section
3 the following new item:
``Sec. 4. References.''
; and
(B) by adding at the end the following:
``TITLE IV--DIRECT BRIDGE LOAN PROVISIONS
``Sec. 401. Findings.
``Sec. 402. Purposes.
``Sec. 403. Emergency direct loan program.
``Sec. 404. Funding from third tranche; treatment of loan amounts.
``Sec. 405. Timing of disbursements.
``Sec. 406. Terms and conditions.
``Sec. 407. Oversight.''
; and
(2) References.--The Emergency Economic Stabilization Act
of 2008 (division A of Public Law 110-343) is amended by
inserting after section 3 the following new section:
``SEC. 4. REFERENCES.
``Any reference--
``(1) in this division to `this Act' or any subdivision
thereof is a reference to this division A or any subdivision
thereof;
``(2) in division (B) to `this Act' or any subdivision
thereof is a reference to division B or any subdivision
thereof; and
``(3) in division (C) to `this Act' or any subdivision
thereof is a reference to division C or any subdivision
thereof.''.
TITLE III--EMERGENCY TREATMENT
SEC. 301. EMERGENCY TREATMENT.
All provisions of this Act and the amendments made by this Act are
designated as an emergency requirement and necessary to meet emergency
needs pursuant to section 204(a) of S. Con. Res 21 (110th Congress),
the concurrent resolution on the budget for fiscal year 2008. | Unemployment Compensation Extension Act of 2008 - Amends the Supplemental Appropriations Act, 2008 to revise the formula for Tier-1 amounts a state credits to an applicant's emergency unemployment compensation account (EUCA) for a benefit year. Increases the figures in the formula (the lesser of which shall be the amount credited) from: (1) 50% to 80% of the total amount of regular compensation (including dependents' allowances) payable to the individual during the benefit year; and (2) 13 to 20 times the individual's average weekly benefit amount for the benefit year.
Provides an additional Tier-2 period for deposits to an individual's EUCA, using the current formula, if, at the time that the amount established under this Act is exhausted, or at any time thereafter, the individual's state is in an extended benefit period.
Prescribes a formula for determining if a state is in an extended benefit period.
Allows the Tier-2 period augmentation to be applied to the individual's EUCA only once.
Prohibits a Tier-2 augmentation under this Act to an individual's account after March 31, 2009, if the account is exhausted after such date.
Extends the period of emergency unemployment compensation.
Exempts weeks of unemployment between enactment of this Act and December 8, 2009, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law of such state provides for payment (at any time or under any circumstances) of regular compensation to an individual for his first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.)
Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Secretary of the Treasury to make emergency direct loans of up to $25 billion in the aggregate to automobile manufacturers and component suppliers.
Requires the Secretary, in allocating loan amounts, to prioritize the distribution of loans based on the magnitude of the impact of the manufacturing operations of the loan applicant in the United States on the overall U.S. economy and other segments of the automobile industry, including the impact on levels of employment, domestic manufacturing of automobiles and automobile components, and automobile dealerships.
Requires any applicant automobile manufacturer or component supplier to submit to the Secretary a detailed plan on how the government funds requested will: (1) be utilized to ensure the long-term financial posture of the company; and (2) stimulate U.S. automobile production and improve the company's capacity to pursue the timely and aggressive production of energy-efficient advanced technology vehicles.
Declares that the costs incurred by the federal government in making such loans, including credit subsidy costs and administrative expenses, shall be covered out of proceeds from the sale of government bonds and the third tranche of the $700 billion made available under EESA.
Specifies timing of loan disbursements, and terms and conditions.
Directs the Secretary to require any loan recipient to meet specified standards for executive compensation and corporate governance.
Applies certain EESA oversight requirements to any loans made under this Act.
Designates all provisions of this Act and the amendments it makes as emergency requirements necessary to meet certain emergency needs in accordance with the FY2008 congressional budget resolution. | {"src": "billsum_train", "title": "A bill to provide for additional emergency unemployment compensation, to amend the Emergency Economic Stabilization Act of 2008 to authorize loans to automobile manufacturers and component suppliers, and for other purposes."} | 3,453 | 726 | 0.574434 | 1.86206 | 0.626697 | 3.726006 | 4.832817 | 0.899381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Lung Health Improvements Act
of 2013''.
SEC. 2. TECHNOLOGY RELATED TO RESPIRABLE DUST.
Section 202(d) of the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 842(d)) is amended--
(1) by striking ``of Health, Education, and Welfare''; and
(2) by striking the second sentence and inserting the
following: ``Not later than 6 months after the date of
enactment of the Black Lung Health Improvements Act of 2013,
the Secretary shall issue a final regulation lowering
permissible exposure levels to respirable dust and updating
sampling and testing procedures, in order to provide the
maximum feasible protection from respirable dust, including
coal and silica dust, that is achievable through environmental
and engineering controls. Not later than 5 years after the date
of issuance of such final regulation, and once every 5 years
thereafter, the Secretary shall reexamine the incidence of
pneumoconiosis in miners and, unless there is a decline in
pneumoconiosis, shall update the regulation.''.
SEC. 3. BLACK LUNG MEDICAL REPORTS.
The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended by
inserting after section 402 the following:
``SEC. 403. MEDICAL REPORTS.
``In any claim for benefits for a miner under this title, an
operator that requires a miner to submit to a medical examination
regarding the miner's respiratory or pulmonary condition shall, not
later than 14 days after the miner has been examined, deliver to the
claimant a complete copy of the examining physician's report. The
examining physician's report shall be in writing and shall set out in
detail the examiner's findings, including any diagnoses and conclusions
and the results of any diagnostic imaging techniques and tests that
were performed on the miner.''.
SEC. 4. GAO REPORT ON BLACK LUNG DISEASE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on any barriers to health care faced by people
with pneumoconiosis.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a review of the application process, including the
appeals process, with respect to the Black Lung Disability
Trust Fund established by section 9501 of the Internal Revenue
Code of 1986;
(2) an assessment of possible barriers to care through the
Black Lung Disability Trust Fund, and the degree to which any
barriers impact the ability of patients with legitimate medical
needs, particularly those patients in rural areas, to access
treatment for pneumoconiosis;
(3) recommendations necessary to address issues, if any,
relating to patient access to care through the Black Lung
Disability Trust Fund; and
(4) an evaluation of whether the current benefit payments
authorized under the Black Lung Benefits Act (30 U.S.C. 901 et
seq.) as of the date of the report, are sufficient to meet the
expenses of disabled miners and survivors.
SEC. 5. REVIEW OF BLACK LUNG BENEFITS PROGRAM FORMS.
(a) Review of Federal Black Lung Benefits Program Forms.--Not later
than 6 months after the date of enactment of this Act, the Secretary of
Labor shall conduct a review of the forms related to obtaining workers'
compensation benefits under the Black Lung Benefits Act (30 U.S.C. 901
et seq.) to determine any paperwork barriers that may exist to speedily
receiving and processing pneumoconiosis benefits claims and the
feasibility of reducing the forms required of applicants to such
program.
(b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Labor shall prepare and
submit a report to Congress regarding--
(1) any changes that the Department has implemented to
reduce the forms and paperwork involved in receiving and
processing pneumoconiosis claims under the Black Lung Benefits
Act (30 U.S.C. 901 et seq.); and
(2) any administrative barriers identified in the review
conducted under subsection (a) that the Department of Labor has
addressed.
SEC. 6. GRANT FUNDS TO STUDY THE PREVENTION AND TREATMENT OF BLACK LUNG
DISEASE.
Section 14(d) of the Mine Improvement and New Emergency Response
Act of 2006 (30 U.S.C. 965(d)) is amended--
(1) by striking ``or to develop'' and inserting ``to
develop''; and
(2) by inserting ``, or for research and outreach related
to the prevention and treatment of pneumoconiosis'' before the
period at the end.
SEC. 7. LEGAL FEE PAYMENT PROGRAM.
The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended by
inserting after section 403, as added by section 3, the following:
``SEC. 404. LEGAL FEES.
``(a) Program Established.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Black Lung Health Improvements Act of 2013,
the Secretary shall establish an attorneys' fee payment program
to pay attorneys' fees, using amounts from the fund, on behalf
of claimants in qualifying claims.
``(2) Qualifying claim.--A qualifying claim for purposes of
this section is a contested claim for benefits under this title
for which a final judgment has not been entered within 1 year
of the filing of the claim.
``(3) Use of payments from the fund.--Notwithstanding any
other provision of law, amounts in the fund shall be available
for payments authorized by the Secretary under the program
under this section.
``(b) Payments Authorized.--
``(1) In general.--If a claimant for benefits is a
prevailing party on a qualifying claim before an administrative
law judge, the Benefits Review Board, or a Federal court, and
the judge, Board, or court approves attorneys' fees for work
done before it, the Secretary shall, through the program under
this section, pay an amount of attorneys' fees not to exceed
$1,500 at each stage of the administrative and legal process.
``(2) Maximum.--The program established under this section
shall not pay more than a total of $4,500 in attorneys' fees
for any single qualifying claim.
``(c) Reimbursement of Funds.--In any case where a qualifying claim
results in a final order for compensation, the employer subject to such
claim shall reimburse the fund for any payments made under this section
on behalf of the claimant, subject to enforcement by the Secretary
under section 424 and in the same manner as compensation orders are
enforced under section 21(d) of the Longshore and Harbor Workers
Compensation Act (33 U.S.C. 921(d)).
``(d) Additional Rules.--Nothing in this section shall limit or
otherwise affect an employer's liability for any attorneys' fees
awarded by an administrative law judge, the Benefits Review Board, or a
Federal court, that were not paid by the program under this section.
Nothing in this section shall limit or otherwise affect the ability to
use amounts provided through the fund to pay approved attorneys' fees
in claims for benefits under this title for which a final judgment has
been ordered, in cases where the employer is unable to do so.
``(e) No Recoupment of Attorneys' Fees.--Any payment for attorneys'
fees made by the Secretary under the program under this section shall
not be recouped from the claimant or the claimant's attorney.''.
SEC. 8. BLACK LUNG BENEFITS ACT TECHNICAL AND CONFORMING AMENDMENTS.
The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended--
(1) in section 401(a) (30 U.S.C. 901(a)), by inserting ``or
who were found to be totally disabled by such disease'' after
``such disease'';
(2) by striking subsection (a) of section 411 (20 U.S.C.
921) and inserting the following:
``(a) The Secretary shall, in accordance with the provisions of
this part, and the regulations promulgated by the Secretary under this
part, make payments of benefits in respect of--
``(1) total disability of any miner due to pneumoconiosis;
``(2) the death of any miner whose death was due to
pneumoconiosis;
``(3) total disability of any miner at the time of his
death with respect to claims filed under part C prior to
January 1, 1982;
``(4) survivors' benefits for any claim filed after January
1, 2005, that is pending on or after March 23, 2010, where the
miner is found entitled to receive benefits at the time of his
death as a result of a lifetime claim filed under part C; and
``(5) survivors' benefits where the miner is found entitled
to receive benefits at the time of his death as a result of a
lifetime claim filed under part C before January 1, 1982.'';
and
(3) in section 412(a) (30 U.S.C. 922(a))--
(A) by striking paragraph (2) and inserting the
following:
``(2) In the case of a widow--
``(A) of a miner whose death is due to
pneumoconiosis;
``(B) in a claim filed after January 1, 2005, and
that is pending on or after March 23, 2010, of a miner
who is found entitled to receive benefits at the time
of the miner's death as a result of a lifetime claim
filed under part C;
``(C) of a miner who is found entitled to receive
benefits at the time of his death as a result of a
lifetime claim filed under part C before January 1,
1982; or
``(D) in a claim filed under part C of this
subchapter before January 1, 1982, of a miner who was
totally disabled by pneumoconiosis at the time of his
death,
benefits shall be paid to the miner's widow (if any) at the
rate the deceased miner would receive such benefits if he were
totally disabled.'';
(B) in paragraph (3)--
(i) by striking ``(3) In the case'' and all
that follows through ``section 411(c)'' and
inserting the following: ``(3)(A) In the case
of the child or children of a miner described
in subparagraph (B)''; and
(ii) by adding at the end the following:
``(B) Subparagraph (A) shall apply in the case of any child
or children--
``(i) of a miner whose death is due to
pneumoconiosis;
``(ii) in a claim filed after January 1, 2005, that
is pending on or after March 23, 2010, of a miner who
is found entitled to receive benefits at the time of
his death as a result of a lifetime claim filed under
part C;
``(iii) of a miner who is found entitled to receive
benefits at the time of his death as a result of a
lifetime claim filed under part C before January 1,
1982;
``(iv) in a claim filed under part C before January
1, 1982, of a miner who was totally disabled by
pneumoconiosis at the time of his death;
``(v) of a widow who is found entitled to receive
benefits under this part at the time of her death; or
``(vi) entitled to the payment of benefits under
paragraph (5) of section 411(c).''; and
(C) in paragraph (5), by striking ``In the case''
and all that follows through ``not survived at the time
of his death by a widow or a child,'' and inserting
``In the case of the dependent parent or parents of a
miner who is not survived at the time of the miner's
death by a widow or a child and (i) whose death is due
to pneumoconiosis, (ii) in a claim filed after January
1, 2005, that is pending on or after March 23, 2010,
who is found entitled to receive benefits at the time
of his death as a result of a lifetime claim filed
under part C, (iii) who is found entitled to receive
benefits at the time of his death as a result of a
lifetime claim filed under part C before January 1,
1982, or (iv) in a claim filed under part C before
January 1, 1982, who was totally disabled by
pneumoconiosis at the time of death,''. | Black Lung Health Improvements Act of 2013 - Amends the Federal Mine Safety and Health Act of 1977 to transfer to the Secretary of Labor from the Secretary of Health and Human Services (HHS) (formerly known as the Secretary of Health, Education, and Welfare [HEW]) the duty to establish a schedule reducing the average concentration of respirable dust in the mine atmosphere during each shift to which each miner is exposed below the levels established under that Act to a level of exposure which will prevent new incidences and further development of respiratory disease in any person. Requires the Secretary to: (1) issue a final regulation lowering a miner's permissible exposure level to respirable dust (including coal and silica dust) through environmental and engineering controls, as well as update sampling and testing procedures; and (2) reexamine once every five years the incidence of pneumoconiosis (black lung disease) in miners and, unless black lung disease declines, update the regulation. Amends the Black Lung Benefits Act to require a mine operator to deliver within 14 days a complete copy of the examining physician's report to any miner required to submit to a medical examination regarding his or her respiratory or pulmonary condition. Directs the Comptroller General (GAO) to report to Congress on any barriers to health care faced by people with black lung disease. Directs the Secretary to review forms for obtaining workers' compensation benefits under the Black Lung Benefits Program to determine any paperwork barriers to receiving and processing black lung benefit claims as well as the feasibility of reducing such forms. Amends the Mine Improvement and New Emergency Response Act of 2006 to direct the Secretary to award competitive Brookwood-Saga Mine Safety Grants to entities for research and outreach to prevent and treat black lung disease. Directs the Secretary to establish an attorneys' fee payment program to pay attorneys' fees of up to $4,500 to prevailing parties on a qualifying black lung benefit claim. Directs the Secretary to make black lung benefit payments to a miner's widow and children in respect of survivors' benefits: (1) for claims filed after January 1, 2005, that are pending on or after March 23, 2010, where the miner is found entitled to receive benefits at the time of his death as a result of a lifetime claim; and (2) where the miner is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed before January 1, 1982. | {"src": "billsum_train", "title": "Black Lung Health Improvements Act of 2013"} | 2,922 | 533 | 0.674059 | 2.374622 | 0.751383 | 3.916129 | 5.587097 | 0.888172 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Cord Blood Stem Cell Act of 2005''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Research sponsored by the National Institutes of Health
and conducted in full compliance with applicable Food and Drug
Administration regulations has demonstrated the feasibility of
using cord blood for clinical applications. Stem cells,
obtained from the blood contained in the delivered placenta and
umbilical cord and donated by the mother, can be used for bone
marrow reconstitution by transplantation to recipients with
certain malignancies (such as leukemia and lymphoma), genetic
disorders (such as sickle cell anemia), and acquired diseases.
(2) The placenta, umbilical cord, and the neonatal blood
they contain are normally discarded after childbirth. This
residual neonatal blood, termed cord blood, is a source of stem
cells that can be collected as donor tissue without risk to the
donor and can be preserved through freezing for many years and
be made immediately available for transplantation in routine or
emergency clinical situations. Scientific research on cord
blood stem cells may uncover a potential to treat a wide
variety of diseases not yet attempted.
(3) Advantages of cord blood stem cell transplants include
no risk to the donor, and reduced risk of certain transplant
complications, including graft versus host disease and latent
virus infections (such as Epstein-Barr virus or
cytomegalovirus) and immediate availability of cord blood stem
cell units, whenever needed.
(4) Cord blood gives all patients a chance for a
transplant, regardless of their ethnic background. An
ethnically diverse inventory of 150,000 cord blood stem cell
units would help provide appropriate matches for 80 to 90
percent of patients seeking matched cord blood stem cell
transplants.
(5) Some genetic conditions are more prevalent in members
of particular ethnic groups, such as sickle cell anemia, a
disease that occurs in one out of 500 African-American
newborns. From early infancy, patients with sickle cell anemia
have a high risk of severe or fatal bacterial blood infections.
Many patients develop painful crises beginning in infancy and
occurring up to 20 times per year. Children with recurrent
crises, chest syndrome or strokes, are at great risk of dying
before the age of 20 years. The median life-span of a patient
with sickle cell disease is 42 years, but patients with severe
disease in childhood rarely live beyond 20 years. Cord blood
stem cell transplantation has cured patients with sickle cell
anemia: 80 percent of children transplanted with related cord
blood to correct sickle cell anemia or thalassemia were cured
in a recently published study. The earlier in the course of
severe disease, the transplant is performed, the better the
outcomes. Unrelated cord blood transplants are especially
beneficial for African-American and other ethnic minority
patients because cord blood does not have to match as closely
as bone marrow. With an ethnically balanced national cord blood
stem cell network of at least 150,000 units, some 80 to 90
percent of African American patients who suffer from sickle
cell anemia or other conditions requiring bone marrow
replacement would be able to find appropriately matched cord
blood stem cells for successful treatment.
(6) Cord blood is an alternate to bone marrow as a source
of stem cells for transplantation. Cord blood banks, therefore,
serve the same kinds of patients as marrow donor registries.
However, its collection, processing, storage and selection for
transplant require unique systems and expertise.
(7) Radiation exposure, from accidents or hostile actions,
could cause bone marrow failure in a portion of those exposed
and require treatment, including bone marrow reconstitution. In
these cases the rapid availability of frozen cord blood stem
cell units may be an important resource to help rescue the
victims years later, those who were exposed and survived may
incur an increased risk of leukemia or lymphoma, which might
also require stem cell transplantation.
(8) Recent scientific developments suggest that further
research on cord blood stem cells may lead to a greater
understanding of certain chronic diseases. This research might
improve therapies for, and possibly cure, debilitating diseases
such as Parkinson's disease, insulin-dependent diabetes, heart
disease, and certain types of cancer. These diseases cause a
disproportionately large share of chronic disabilities and
account for a large portion of health care expenditures in the
United States.
SEC. 3. NATIONAL CORD BLOOD STEM CELL BANK NETWORK.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 376 the following:
``SEC. 376A. NATIONAL CORD BLOOD STEM CELL BANK NETWORK.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Health Resources and Services
Administration.
``(2) Cord blood unit.--The term `cord blood unit' means
the blood collected from a single placenta and umbilical cord.
``(3) Donor.--The term `donor' means a mother who has
delivered a baby and consents to donate the newborn's blood
remaining in the placenta and umbilical cord.
``(4) Donor bank.--The term `donor bank' means a qualified
cord blood stem cell bank that enters into a contract with the
Secretary under subsection (b)(1).
``(5) Human cord blood stem cells.--The term `human cord
blood stem cells' means hematopoietic stem cells and any other
stem cells contained in the neonatal blood collected
immediately after the birth from the separated placenta and
umbilical cord.
``(6) National cord blood stem cell bank network.--The term
`National Cord Blood Stem Cell Bank Network' means a network of
qualified cord blood stem cell banks established under
subsection (b).
``(b) National Cord Blood Stem Cell Bank Network.--
``(1) In general.--The Secretary, acting through the
Administrator, shall enter into contracts with qualified cord
blood stem cell banks to assist in the establishment,
provision, and maintenance of a National Network of Cord Blood
Stem Cell Banks that contains at least 150,000 units of human
cord blood stem cells.
``(2) Purpose of donor banks.--It is the purpose of the
donor banks that are a part of the Network to--
``(A) acquire, tissue-type, test, cryopreserve, and
store donated units of human cord blood acquired with
the informed consent of the donor, in a manner that
complies with applicable Federal regulations;
``(B) make cord blood units collected under this
section, or otherwise, available to transplant centers
for stem cell transplantation; and
``(C) allocate up to 10 percent of the cord blood
inventory each year for peer-reviewed research.
``(3) Eligibility of donor banks.--A cord blood stem cell
bank shall be eligible to be a donor bank if such a bank--
``(A) has obtained all applicable Federal and State
licenses, certifications, registrations (including
registration with the Food and Drug Administration),
and other authorizations required to operate and
maintain a cord blood stem cell bank;
``(B) has implemented donor screening and cord
blood collection practices adequate to protect both
donors and transplant recipients and to prevent
transmission of potentially harmful infections and
other diseases;
``(C) has established a system of strict
confidentiality to protect the identity and privacy of
patients and donors in accordance with existing Federal
and State law, and consistent with the regulations
promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996
for the release of the identity of donors, recipients,
or identifiable records;
``(D) has established a system for encouraging
donation by an ethnically diverse group of donors;
``(E) has developed adequate systems for
communication with other cord blood stem cell banks,
transplant centers, and physicians with respect to the
request, release, and distribution of cord blood units
nationally and has developed such systems, consistent
with the regulations promulgated under section 264(c)
of the Health Insurance Portability and Accountability
Act of 1996, to track recipients' clinical outcomes for
distributed units; and
``(F) has developed a system for educating the
public, including patient advocacy organizations, about
the benefits of donating and utilizing cord blood stem
cells in appropriate circumstances.
``(c) Administration of the Network.--
``(1) Board of directors.--
``(A) In general.--The Secretary shall provide for
the establishment of a Board of Directors, including a
chairperson, who shall administer the National Cord
Blood Stem Cell Bank Network, including establishing a
national cord blood stem cell registry within the
Network and coordinating the donor banks in the
Network.
``(B) Composition.--
``(i) In general.--The Board of Directors
shall be composed of members to be appointed by
the Secretary who shall serve 3-year terms, and
shall include representatives from--
``(I) cord blood stem cell
transplant centers;
``(II) physicians from
participating birthing hospitals;
``(III) the cord blood stem cell
research community;
``(IV) recipients of cord blood
stem cell transplants;
``(V) family members of a patient
of the National Cord Blood Stem Cell
Bank;
``(VI) individuals with expertise
in the social sciences;
``(VII) members of the general
public;
``(VIII) the Division of Stem Cell
Transplantation of the Health Resources
and Services Administration, who shall
serve as nonvoting member; and
``(IX) the network donor banks.
``(ii) Terms of service.--Each member
appointed under clause (i) may serve up to 2
consecutive 3-year terms, except that this
clause shall not apply to the members appointed
under subclauses (VIII) and (IX) of clause (i).
``(C) Continuity.--In order to ensure the
continuity of the Board of Directors, the Board shall
be appointed so that each year the terms of
approximately 1/3 of the Board members expire. A member
of the Board may continue to serve after the expiration
of the term of such a member until a successor is
appointed.
``(2) National cord blood stem cell registry.--
``(A) In general.--The Secretary, acting through
the Administrator, shall establish as part of the
Network a National Cord Blood Stem Cell Registry. The
Registry shall--
``(i) operate a system for identifying,
acquiring, and distributing donated units of
cord blood that are suitably matched to
candidate patients;
``(ii) provide transplant physicians and
other appropriate health care professionals a
website function that enables searching the
entire registry for suitable donor matches for
patients, and requesting specific cord blood
units; and
``(iii) maintain a database to document the
collection, storage, distribution, and
transplantation of cord blood units and the
clinical outcomes of all transplantations
related to the Network.
``(B) Database.--The database maintained under
subparagraph (A)(iii) shall be operated according to
standards of consent, disclosure, and confidentiality,
including those applicable under the regulations
promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996.
The Administrator, using the database, shall report to
the Secretary on a periodic basis regarding the safety,
efficacy, and cost-effectiveness of the clinical,
research, and educational activities of the Network.
The Secretary shall make such information available to
the public.
``(3) Network standards.--The Board of Directors shall
ensure that--
``(A) the donor banks within the National Cord
Blood Stem Cell Bank Network meet the requirements of
subsection (b)(3) on a continuing basis; and
``(B) the National Cord Blood Stem Cell Bank
Network and their birthing hospital collection sites be
geographically distributed throughout the United
States.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $15,000,000
for fiscal year 2006, and $30,000,000 for fiscal year 2007 and such
sums as may be necessary for each of fiscal years 2008 through 2010 or
until the 150,000 unit inventory is successfully acquired.''. | Cord Blood Stem Cell Act of 2005 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to enter into contracts with qualified cord blood stem cell banks to assist in establishing and maintaining a National Network of Cord Blood Stem Cell Banks to: (1) acquire, tissue type, test, cryopreserve, and store donated units of human cord blood acquired with the informed consent of the donor; (2) make cord blood units available to transplant centers for stem cell transplantations; and (3) allocate up to 10 percent of the cord blood inventory each year for peer-reviewed research. Requires the Secretary to provide for the establishment of a Board of Directors to administer the Network.
Directs the Secretary, acting through the Administrator, to establish as part of the Network a National Cord Blood Stem Cell Registry to: (1) operate a system for identifying, acquiring, and distributing donated units of cord blood; (2) provide health care professionals with the ability to search the registry for suitable matches for patients; and (3) maintain a database to document the collection, storage, distribution, and transplantation of cord blood units and the clinical outcomes of Network transplantations.
Requires the Administrator to report to the Secretary regarding the safety, efficacy, and cost-effectiveness of the clinical, research, and education activities of the Network.
Requires the Board to ensure that: (1) the Network donor banks meet confidentiality and privacy requirements; and (2) the Network and their birthing hospital collection sites are geographically distributed throughout the United States. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a National Cord Blood Stem Cell Bank Network to prepare, store, and distribute human umbilical cord blood stem cells for the treatment of patients and to support peer-reviewed research using such cells."} | 2,716 | 341 | 0.532635 | 1.650016 | 0.749712 | 4.678125 | 7.95 | 0.965625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Encryption Standards and Procedures
Act of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Advancements in communications and information
technology and the widespread use of that technology have
enhanced the volume and value of domestic and international
communication of electronic information as well as the ability
to preserve the confidentiality, protect the privacy, and
authenticate the origin, of that information.
(2) The proliferation of communications and information
technology has made it increasingly difficult for the
government to obtain and decipher, in a timely manner and as
provided by law, electronic information that is necessary to
provide for public safety and national security.
(3) The development of the Nation's information
infrastructure and the realization of the full benefits of that
infrastructure require that electronic information resident in,
or communicated over, that infrastructure is secure,
confidential, and authentic.
(4) Security, privacy, and authentication of electronic
information resident in, or communicated over, the Nation's
information infrastructure are enhanced with the use of
encryption technology.
(5) The rights of individuals and other persons to
security, privacy, and protection in their communications and
in the dissemination and receipt of electronic information
should be preserved and protected.
(6) The authority and ability of the government to obtain
and decipher, in a timely manner and as provided by law,
electronic information necessary to provide for public safety
and national security should also be preserved.
(7) There is a national need to develop, adopt, and use
encryption methods and procedures that advance the development
of the Nation's information infrastructure and that preserve
the personal rights referred to in paragraph (5) and the
governmental authority and ability referred to in paragraph
(6), as provided by law.
(b) Purposes.--It is the purpose of this Act--
(1) to promote the development of the Nation's information
infrastructure consistent with public welfare and safety,
national security, and the privacy and protection of personal
property;
(2) to encourage and facilitate the development, adoption,
and use of encryption standards and procedures that provide
sufficient privacy, protection, and authentication of
electronic information and that reasonably satisfy the needs of
government to provide for public safety and national security;
and
(3) to establish Federal policy governing the development,
adoption, and use of encryption standards and procedures and a
Federal program to carry out that policy.
SEC. 3. ENCRYPTION STANDARDS AND PROCEDURES.
(a) Computer System Security and Privacy Advisory Board.--
(1) Requirement of privacy expertise.--Section 21(a)(2) of
the National Institute of Standards and Technology Act (15
U.S.C. 278g-4(a)(2)) is amended by inserting ``(including
computer systems privacy)'' after ``related disciplines''.
(2) Expanded functions.--Section 21(b) of such Act (15
U.S.C. 278g-4(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding after paragraph (3) the following new
paragraph:
``(4) to advise the Institute and the Congress on privacy
issues pertaining to electronic information and on encryption
standards developed under section 31(b).''.
(b) Standards and Procedures.--The National Institute of Standards
and Technology Act is further amended--
(1) by redesignating section 31 as section 32; and
(2) by inserting after section 30 the following new section
31:
``SEC. 31. ENCRYPTION STANDARDS AND PROCEDURES.
``(a) Establishment and Authority.--The Secretary, acting through
the Director, shall establish an Encryption Standards and Procedures
Program to carry out this section. In carrying out this section, the
Secretary, acting through the Director, may (in addition to the
authority provided under section 2) conduct research and development on
encryption standards and procedures, make grants, and enter into
contracts, cooperative agreements, joint ventures, royalty
arrangements, and licensing agreements on such terms and conditions the
Secretary considers appropriate.
``(b) Federal Encryption Standards.--
``(1) In general.--The Secretary, acting through the
Director and after providing notice to the public and an
opportunity for comment, may by regulation develop encryption
standards as part of the program established under subsection
(a).
``(2) Requirements.--Any encryption standard developed
under paragraph (1)--
``(A) shall, to the maximum extent practicable,
provide for the confidentiality, integrity, or
authenticity of electronic information;
``(B) shall advance the development, and enhance
the security, of the Nation's information
infrastructure;
``(C) shall contribute to public safety and
national security;
``(D) shall not diminish existing privacy rights of
individuals and other persons;
``(E) shall preserve the functional ability of the
government to decipher, in a timely manner, electronic
information that has been obtained pursuant to an
electronic surveillance permitted by law;
``(F) may be implemented in software, firmware,
hardware, or any combination thereof; and
``(G) shall include a validation program to
determine the extent to which such standards have been
implemented in conformance with the requirements set
forth in this paragraph.
``(3) Consultation.--Standards developed under paragraph
(1) shall be developed in consultation with the heads of other
appropriate Federal agencies.
``(c) Permitted Use of Standards.--The Federal Government shall
make available for public use any standard established under subsection
(b), except that nothing in this Act may be construed to require such
use by any individual or other person.
``(d) Escrow Agents.--
``(1) Designation.--If a key escrow encryption standard is
established under subsection (b), the President shall designate
at least 2 Federal agencies that satisfy the qualifications
referred to in paragraph (2) to act as key escrow agents for
that standard.
``(2) Qualifications.--A key escrow agent designated under
paragraph (1) shall be a Federal agency that--
``(A) possesses the capability, competency, and
resources to administer the key escrow encryption
standard, to safeguard sensitive information related to
it, and to carry out the responsibilities set forth in
paragraph (3) in a timely manner; and
``(B) is not a Federal agency that is authorized by
law to conduct electronic surveillance.
``(3) Responsibilities.--A key escrow agent designated
under paragraph (1) shall, by regulation and in consultation
with the Secretary and any other key escrow agent designated
under such paragraph, establish procedures and take other
appropriate steps--
``(A) to safeguard the confidentiality, integrity,
and availability of keys or components thereof held by
the agent pursuant to this subsection;
``(B) to preserve the integrity of any key escrow
encryption standard established under subsection (b)
for which the agent holds the keys or components
thereof;
``(C) to hold and manage the keys or components
thereof consistent with the requirements of this
section and the encryption standard established under
subsection (b); and
``(D) to carry out the responsibilities set forth
in this paragraph in the most effective and efficient
manner practicable.
``(4) Authority.--A key escrow agent designated under
paragraph (1) may enter into contracts, cooperative agreements,
and joint ventures and take other appropriate steps to carry
out its responsibilities.
``(e) Limitations on Access and Use.--
``(1) Release of key to certain agencies.--A key escrow
agent designated under subsection (d) may release a key or
component thereof held by the agent pursuant to that subsection
only to a Federal agency that is authorized by law to conduct
electronic surveillance and that is authorized to obtain and
use the key or component by court order or other provision of
law. An entity to whom a key or component thereof has been
released under this paragraph may use the key or component
thereof only in the manner and for the purpose and duration
that is expressly provided for in the court order or other
provision of law authorizing such release and use.
``(2) Limitation on use by private persons and foreign
citizens.--
``(A) In general.--Except as provided in
subparagraph (B), a person (including a person not a
citizen or permanent resident of the United States)
that is not an agency of the Federal Government or a
State or local government shall not have access to or
use keys associated with an encryption standard
established under subsection (b).
``(B) Exception.--A representative of a foreign
government may have access to and use a key associated
with an encryption standard established under
subsection (b) only if the President determines that
such access and use is in the national security and
foreign policy interests of the United States. The
President shall prescribe the manner and conditions of
any such access and use.
``(3) Limit on use by government agencies.--A government
agency, instrumentality, or political subdivision thereof shall
not have access to or use a key or component thereof associated
with an encryption standard established under subsection (b)
that is held by a key escrow agent under subsection (d) unless
such access or use is authorized by this section, by court
order, or by other law.
``(f) Review and Report.--
``(1) In general.--Within 2 years after the date of the
enactment of this Act and at least once every 2 years
thereafter, the Secretary shall conduct a hearing on the record
in which all interested parties shall have an opportunity to
comment on the extent to which encryption standards,
procedures, and requirements established under this section
have succeeded in fulfilling the purposes of this section and
the manner and extent to which such standards, procedures, and
requirements can be improved.
``(2) Report.--Upon completion of a hearing conducted under
paragraph (1), the Secretary shall submit to the Congress a
report containing a statement of the Secretary's findings
pursuant to the hearing along with recommendations and a plan
for correcting any deficiencies or abuses in achieving the
purposes of this section that are identified as a result of the
hearing.
``(g) Regulations.--Within one year after the date of the enactment
of this Act, the Secretary and each key escrow agent designated by the
President under subsection (d) shall, after notice to the public and
opportunity for comment, issue any regulations necessary to carry out
this section.
``(h) Liability.--The United States shall not be liable for any
loss incurred by any individual or other person resulting from any
compromise or security breach of any encryption standard established
under subsection (b) or any violation of this section or any regulation
or procedure established by or under this section by--
``(1) any person who is not an official or employee of the
United States; or
``(2) any person who is an official or employee of the
United States, unless such compromise, breach, or violation is
willful.
``(i) Severability.--If any provision of this section, or the
application thereof, to any person or circumstance, is held invalid,
the remainder of this section, and the application thereof, to other
persons or circumstances shall not be affected thereby.
``(j) Definitions.--For purposes of this section:
``(1) The term `content', when used with respect to
electronic information, includes the substance, purport, or
meaning of that information.
``(2) The term `electronic communications system' has the
meaning given such term in section 2510(14) of title 18, United
States Code.
``(3) The term `encryption' means a method--
``(A) to encipher and decipher the content of
electronic information to protect the privacy and
security of such information; or
``(B) to verify the integrity, or authenticate the
origin, of electronic information.
``(4) The term `encryption standard' means a technical,
management, physical, or administrative standard or associated
guideline or procedure for conducting encryption, including key
escrow encryption, to ensure or verify the integrity,
authenticity, or confidentiality of electronic information
that, regardless of application or purpose, is stored,
processed, transmitted, or otherwise communicated domestically
or internationally in any public or private electronic
communications system.
``(5) The term `key escrow encryption' means an encryption
method that allows the government, pursuant to court order or
other provision of law, to decipher electronic information that
has been encrypted with that method by using a unique secret
code or key that is, in whole or in part, held by and obtained
from a key escrow agent.
``(6) The term `key escrow agent' means an entity
designated by the President under subsection (d) to hold and
manage keys associated with an encryption standard established
under subsection (b).
``(7) The term `key' means a unique secret code or
character string that enables a party other than the sender,
holder, or intended recipient of electronic information to
decipher such information that has been enciphered with a
corresponding encryption standard established under subsection
(b) only with such code or string.
``(8) The term `electronic information' means the content,
source, or destination of any information in any electronic
form and in any medium which has not been specifically
authorized by a Federal statute or an Executive Order to be
kept secret in the interest of national defense or foreign
policy and which is stored, processed, transmitted or otherwise
communicated, domestically or internationally, in an electronic
communications system, and
``(A) electronic communication within the meaning
of section 2510(12) of title 18, United States Code; or
``(B) wire communication within the meaning of
section 2510(1) of such title.
``(9) The term `government' means the Federal Government, a
State or political subdivision of a State, the District of
Columbia, or a commonwealth, territory, or possession of the
United States.
``(k) Authorization of Appropriations.--
``(1) In general.--From amounts otherwise authorized to be
appropriated to the Secretary of Commerce for fiscal years 1995
through 1997 to carry out the programs of the Institute, the
amount of $50,000,000 shall be available for such fiscal years
to carry out this section. Such amount shall remain available
until expended. Of such amount, $1,000,000 shall be available
for the National Research Council study on national
cryptography policy authorized under section 267 of the
National Defense Authorization Act for Fiscal Year 1994 (10
U.S.C 421 note).
``(2) Transfer authority.--The Secretary may transfer funds
appropriated pursuant to paragraph (1) to a key escrow agent
other than the Secretary in amounts sufficient to cover the
cost of carrying out the responsibilities of the agent under
this section. Funds so transferred shall remain available until
expended.''.
HR 5199 IH----2 | Encryption Standards and Procedures Act of 1994 - Amends the National Institute of Standards and Technology Act to establish an Encryption Standards and Procedures Program to: (1) promote the development of an information infrastructure consistent with public welfare, national security, and the privacy and protection of personal property; (2) encourage the development and use of encryption standards; and (3) establish related Federal policies and standards. | {"src": "billsum_train", "title": "Encryption Standards and Procedures Act of 1994"} | 3,252 | 83 | 0.593346 | 1.506729 | 2.057946 | 4.25641 | 40.794872 | 0.948718 |
SEC. 301. ALTERNATIVE DISPUTE RESOLUTION.
(a) In General.--Either party to a dispute over a taking of private
property as defined under title II of this Act or litigation commenced
under such title may elect to resolve the dispute through settlement or
arbitration. In the administration of this section--
(1) such alternative dispute resolution may only be
effectuated by the consent of all parties;
(2) arbitration procedures shall be in accordance with the
alternative dispute resolution procedures established by the
American Arbitration Association; and
(3) in no event shall arbitration be a condition precedent
or an administrative procedure to be exhausted before the
filing of a civil action under this Act.
(b) Compensation as a Result of Arbitration.--The amount of
arbitration awards shall be paid from the responsible agency's
currently available appropriations supporting the agency's activities
giving rise to the claim for compensation. If insufficient funds are
available to the agency in the fiscal year in which the award becomes
final, the agency shall either pay the award from appropriations
available in the next fiscal year or promptly seek additional
appropriations for such purpose.
(c) Review of Arbitration.--(1) Appeal from arbitration decisions
shall be to the United States District Court or the United States Court
of Federal Claims in the manner prescribed by law for the claim under
this Act.
(2) The provisions of title 9, United States Code (relating to
arbitration), shall apply to enforcement of awards rendered under this
section.
(d) Payment of Certain Compensation.--In any appeal under
subsection (c), the amount of the award of compensation shall be
promptly paid by the agency from appropriations supporting the
activities giving rise to the claim for compensation currently
available at the time of final action on the appeal. If insufficient
funds are available to the agency in the fiscal year in which the award
becomes final, the agency shall either pay the award from
appropriations available in the next fiscal year or promptly seek
additional appropriations for such purpose.
TITLE IV--PRIVATE PROPERTY TAKING IMPACT ANALYSIS
SEC. 401. PURPOSES.
The purposes of this title are--
(1) to protect the health, safety, welfare, and rights of
the public; and
(2) to the extent practicable, avoid takings of private
property by assessing the effect of government action on
private property rights.
SEC. 402. DEFINITIONS.
For purposes of this title the term--
(1) ``agency'' means an agency as defined under section 203
of this Act, but shall not include the General Accounting
Office;
(2) ``rule'' has the same meaning as such term is defined
under section 551(4) of title 5, United States Code;
(3) ``property or private property'' refers to all property
protected by the takings clause of the fifth amendment of the
United States Constitution; and
(4) ``taking of private property'' has the same meaning as
such term is defined under section 203 of this Act.
SEC. 403. PRIVATE PROPERTY TAKING IMPACT ANALYSIS.
(a) In General.--(1) The Congress authorizes and directs that, to
the fullest extent possible--
(A) the policies, regulations, and public laws of the
United States shall be interpreted and administered in
accordance with the policies under this title; and
(B) subject to paragraph (2), all agencies of the Federal
Government shall complete a private property taking impact
analysis before issuing or promulgating any policy, regulation,
proposed legislation, or related agency action which is likely
to result in a taking of private property.
(2) The provisions of paragraph (1)(B) shall not apply to--
(A) an action in which the power of eminent domain is
formally exercised;
(B) an action taken--
(i) with respect to property held in trust by the
United States; or
(ii) in preparation for, or in connection with,
treaty negotiations with foreign nations;
(C) a law enforcement action, including seizure, for a
violation of law, of property for forfeiture, or as evidence in
a criminal proceeding;
(D) a study or similar effort or planning activity;
(E) a communication between an agency and a State or local
land-use planning agency concerning a planned or proposed State
or local activity that regulates private property, regardless
of whether the communication is initiated by an agency or is
undertaken in response to an invitation by the State or local
authority;
(F) the placement of a military facility or a military
activity involving the use of solely Federal property;
(G) any military or foreign affairs function (including a
procurement function under a military or foreign affairs
function), but not including the civil works program of the
Army Corps of Engineers; and
(H) any case in which there is an immediate threat to
health or safety that constitutes an emergency requiring
immediate response or the issuance of a regulation under
section 553(b)(B) of title 5, United States Code, if the taking
impact analysis is completed after the emergency action is
carried out or the regulation is published.
(3) A private property taking impact analysis shall be a written
statement that includes--
(A) the specific purpose of the policy, regulation,
proposal, recommendation, or related agency action;
(B) an assessment of the likelihood that a taking of
private property will occur under such policy, regulation,
proposal, recommendation, or related agency action;
(C) an evaluation of whether such policy, regulation,
proposal, recommendation, or related agency action is likely to
require compensation to private property owners;
(D) alternatives to the policy, regulation, proposal,
recommendation, or related agency action that would achieve the
intended purposes of the agency action and lessen the
likelihood that a taking of private property will occur; and
(E) an estimate of the potential liability of the Federal
Government if the Government is required to compensate a
private property owner.
(4) Each agency shall provide an analysis required under this
section as part of any submission otherwise required to be made to the
Office of Management and Budget in conjunction with a proposed
regulation.
(b) Guidance and Reporting Requirements.--(1) The Attorney General
of the United States shall provide legal guidance in a timely manner,
in response to a request by an agency, to assist the agency in
complying with this section.
(2) No later than 1 year after the date of enactment of this Act
and at the end of each 1-year period thereafter, each agency shall
submit a report to the Director of the Office of Management and Budget
and the Attorney General of the United States identifying each agency
action that has resulted in the preparation of a taking impact
analysis, the filing of a taking claim, or an award of compensation
under the just compensation clause of the fifth amendment of the United
States Constitution. The Director of the Office of Management and
Budget and the Attorney General of the United States shall publish in
the Federal Register, on an annual basis, a compilation of the reports
of all agencies submitted under this paragraph.
(c) Public Availability of Analysis.--An agency shall--
(1) make each private property taking impact analysis
available to the public; and
(2) to the greatest extent practicable, transmit a copy of
such analysis to the owner or any other person with a property
right or interest in the affected property.
(d) Presumptions in Proceedings.--For the purpose of any agency
action or administrative or judicial proceeding, there shall be a
rebuttable presumption that the costs, values, and estimates in any
private property takings impact analysis shall be outdated and
inaccurate, if--
(1) such analysis was completed 5 years or more before the
date of such action or proceeding; and
(2) such costs, values, or estimates have not been modified
within the 5-year period preceding the date of such action or
proceeding.
SEC. 404. RULES OF CONSTRUCTION.
Nothing in this title shall be construed to--
(1) limit any right or remedy, constitute a condition
precedent or a requirement to exhaust administrative remedies,
or bar any claim of any person relating to such person's
property under any other law, including claims made under this
Act, section 1346 or 1402 of title 28, United States Code, or
chapter 91 of title 28, United States Code; or
(2) constitute a conclusive determination of--
(A) the value of any property for purposes of an
appraisal for the acquisition of property, or for the
determination of damages; or
(B) any other material issue.
SEC. 405. STATUTE OF LIMITATIONS.
No action may be filed in a court of the United States to enforce
the provisions of this title on or after the date occurring 6 years
after the date of the submission of the applicable private property
taking impact analysis to the Office of Management and Budget.
TITLE V--MISCELLANEOUS
SEC. 501. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
SEC. 502. RULE OF CONSTRUCTION RELATING TO CIVIL RIGHTS LAWS.
This Act shall not be construed to apply to any Federal law that
prohibits discrimination on the basis of race, color, religion, sex,
national origin, age, or disability.
SEC. 503. EFFECTIVE DATE.
Except as otherwise provided in this Act, the provisions of this
Act shall take effect on the date of enactment and shall apply to any
agency action of the United States Government after such date. | TABLE OF CONTENTS:
Title I: Findings and Purposes
Title II: Property Rights Litigation Relief
Title III: Alternative Dispute Resolution
Title IV: Private Property Taking Impact Analysis
Title V: Miscellaneous
Omnibus Property Rights Act of 1997 -
Title I: Findings and Purposes
- Sets forth findings and purposes for this Act.
Title II: Property Rights Litigation Relief
- Prohibits Federal and State agencies from taking private property except for public use and with just compensation to the owner. Sets forth the circumstances in which compensation is required.
Prohibits filing claims against a State agency for carrying out a regulatory program mandated by Federal law, delegated under a Federal program, or funded by Federal funds in connection with a State regulatory program.
Title III: Alternative Dispute Resolution
- Provides for settlement or arbitration, on consent of both parties, of property rights disputes. Declares that title 9 of the U.S. Code (relating to arbitration) shall apply to enforcement of awards rendered under this title.
Title IV: Private Property Taking Impact Analysis
- Requires that Federal agency actions likely to result in the taking of private property be preceded by a written impact analysis available to the public.
Title V: Miscellaneous
- Sets forth severability provisions and the effective date of this Act. | {"src": "billsum_train", "title": "Omnibus Property Rights Act of 1997"} | 2,108 | 299 | 0.537996 | 1.630252 | 0.832526 | 1.714829 | 7.714829 | 0.749049 |
SECTION 1. EMERGENCY FOREST REHABILITATION AND RESTORATION.
Title VI of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591) is amended by adding at the end the following:
``SEC. 602. EMERGENCY FOREST REHABILITATION AND RESTORATION.
``(a) Definition.--In this section:
``(1) Catastrophic event.--
``(A) In general.--The term `catastrophic event'
means any natural disaster or any fire, flood, or
explosion, regardless of cause, that the Secretary
determines has caused or has the potential to cause
damage of significant severity and magnitude to Federal
land.
``(B) Natural disaster.--For purposes of
subparagraph (A), a natural disaster, as determined by
the Secretary, may include a hurricane, tornado,
windstorm, snow or ice storm, rain storm, high water,
wind-driven water, tidal wave, earthquake, volcanic
eruption, landslide, mudslide, drought, or insect or
disease outbreak.
``(2) Secretary.--The term `Secretary' has the meaning
given the term in section 101.
``(b) Mechanical Forest Treatment.--
``(1) In general.--The Secretary shall implement such
procedures as are necessary to ensure that not less than
600,000 acres of Federal land each fiscal year are treated with
mechanical treatments intended to produce merchantable wood.
``(2) Funding.--The Secretary shall use to carry out
paragraph (1)--
``(A) funds described in subsection (f)(3); and
``(B) any other funds made available for the
purposes described in paragraph (1).
``(c) Emergency Circumstances.--
``(1) In general.--The Secretary shall--
``(A) declare that emergency circumstances exist
for all Federal land subject to the effects of a
catastrophic event, including on Federal land outside
urban interface areas; and
``(B) as soon as practicable, take all actions
necessary for the rehabilitation or restoration of the
Federal land, with highest priority given to Federal
land impacted by large-scale beetle infestations.
``(2) Emergency alternative arrangements.--In accordance
with section 220.4 of title 36, Code of Federal Regulations and
section 1506.11 of title 40, Code of Federal Regulations (or
successor regulations), for any Federal land for which the
Secretary declares the existence of emergency circumstances
under paragraph (1), the Secretary may use emergency
alternative arrangements to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(3) Limitation on administrative appeals.--
Notwithstanding any other provision of law, no administrative
appeal shall be allowed for any action classified as an
emergency alternative arrangement under paragraph (2) or a
categorical exclusion under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) due to emergency
circumstances declared under paragraph (1).
``(d) Catastrophic Events.--
``(1) In general.--As soon as practicable during but not
later than 30 days after the conclusion of a catastrophic
event, the Secretary shall initiate timely salvage activities
on the Federal land affected by the catastrophic event so as to
prevent significant deterioration of timber values, development
of significant fire hazard, or other forest mortality that
would prevent the Federal land from regenerating to forest
within 5 years.
``(2) Funding.--The Secretary shall use to carry out
paragraph (1)--
``(A) funds described in subsection (f)(3); and
``(B) any other funds made available for the
purposes described in paragraph (1).
``(e) Exclusion of Certain Federal Land.--This section shall not
apply to--
``(1) a component of the National Wilderness Preservation
System;
``(2) Federal land on which the removal of vegetation is
prohibited or restricted by Act of Congress, Presidential
proclamation, or the applicable land management plan; or
``(3) a wilderness study area.
``(f) Limitation on Acquisition.--
``(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (2), beginning on the date
of enactment of this section and during each of the subsequent
5 full fiscal years, none of the funds made available to the
Secretary under any law may be used--
``(A) to survey land for future acquisition as
Federal land; or
``(B) to enter into discussions with non-Federal
landowners to identify land for acquisition as Federal
land.
``(2) Exception.--Paragraph (1) does not apply to the use
of funds--
``(A) to complete land transactions underway on the
date of enactment of this section;
``(B) to exchange Federal land for non-Federal
land; or
``(C) to accept donations of non-Federal land as
Federal land.
``(3) Use of funds.--The Secretary shall use funds that
would otherwise have been used for purchase of non-Federal land
by the Forest Service to carry out--
``(A) mechanical forest treatments described in
subsection (b); and
``(B) salvage activities described in subsection
(d).''. | Amends the Healthy Forests Restoration Act of 2003 to direct the Secretary of Agriculture (USDA) and the Secretary of the Interior, as appropriate, to implement procedures to ensure that not less than 600,000 acres of federal land each fiscal year are treated with mechanical treatments intended to produce merchantable wood. Directs the Secretary to: (1) declare that emergency circumstances exist for all federal land affected by a catastrophic event, including federal land outside urban interface areas; and (2) take actions necessary for the rehabilitation or restoration of such federal land, with highest priority given to land impacted by large-scale beetle infestations. Directs the Secretary to initiate salvage activities on federal land affected by a catastrophic event so as to prevent significant deterioration of timber values, development of significant fire hazard, or other forest mortality that would prevent such land from regenerating to forest within five years. Excludes from the provisions of this Act: (1) a component of the National Wilderness Preservation System; (2) federal land on which the removal of vegetation is prohibited or restricted by Congress, the President, or a land management plan; or (3) a wilderness study area. | {"src": "billsum_train", "title": "To amend the Healthy Forests Restoration Act of 2003 to promote timely emergency rehabilitation and restoration of Federal forest land impacted by catastrophic events, to redirect for a 5-year period funding normally made available for land acquisition to mechanical forest treatment and salvage operations due to catastrophic events, and for other purposes."} | 1,172 | 242 | 0.651013 | 1.831817 | 1.109968 | 5.475336 | 4.843049 | 0.93722 |
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