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.
(a) In General.--
(1) Chapter 13 of title 31, United States Code, is amended
by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal year does
not become law prior to the beginning of such fiscal year, there is
appropriated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
project or activity for which funds were provided in the preceding
fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, pursuant to this
section.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of the lower
of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year, or
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to this section
for such preceding fiscal year.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of such fiscal year and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such project or activity), and
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made, funds made available, or authority
granted for such project or activity for the preceding fiscal year.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill providing for such project or activity for such period becomes
law.
``(e) No appropriation is made by reason of subparagraph (B) of
subsection (a)(1) for a fiscal year for any project or activity for
which there is no authorization of appropriations for such fiscal year.
``(f) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period, or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(g) For purposes of this section `regular appropriation bill'
means any regular appropriation bill (within the meaning given to such
term in section 307 of the Congressional Budget Act of 1974 (2 U.S.C.
638)) making appropriations, otherwise making funds available, or
granting authority, for any of the following categories of projects and
activities:
``(1) Agriculture, rural development, and related agencies
programs.
``(2) The Departments of Commerce, Justice, and State, the
judiciary, and related agencies.
``(3) The Department of Defense.
``(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the revenues
of the District.
``(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(6) The Department of Housing and Urban Development, and
sundry independent agencies, boards, commissions, corporations,
and offices.
``(7) Energy and water development.
``(8) Foreign assistance and related programs.
``(9) The Department of the Interior and related agencies.
``(10) Military construction.
``(11) The Department of Transportation and related
agencies.
``(12) The Treasury Department, the U.S. Postal Service,
the Executive Office of the President, and certain independent
agencies.
``(13) The legislative branch.''.
(2) The analysis of chapter 13 of title 31, United States
Code, is amended by inserting after the item relating to
section 1310 the following new item:
``1311. Continuing appropriations.''.
(3) The amendments made by this subsection shall apply with
respect to fiscal years beginning after September 30, 1995.
(b) Point of Order Against Continuing Resolutions.--
(1) It shall not be in order in the House of
Representatives or the Senate to consider or to vote on the
question of agreeing to any bill or joint resolution making
continuing appropriations for a fiscal year or any conference
report thereon.
(2) Paragraph (1) may be waived or suspended in the Senate
by a vote of three-fifths of the Members, duly chosen and
sworn.
(3) If the ruling of the presiding officer sustains a point
of order raised pursuant to paragraph (1), a vote of three-
fifths of the Members duly chosen and sworn shall be required
to sustain an appeal of such ruling. Debate on any such appeal
shall be limited to two hours, to be equally divided between,
and controlled by, the majority leader and the minority leader
or their designees. An appeal of any such point of order is not
subject to a motion to table. | Provides for an automatic continuing appropriation for the U.S. Government whenever a regular appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year. Appropriates such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year in the amount provided: (1) in the corresponding regular appropriation Act for such preceding fiscal year; or (2) if such corresponding appropriation bill did not become law then as provided by this Act.
Sets forth the terms and conditions relating to such continuing appropriations. Prohibits funding for any project or activity: (1) for which there is no authorization of appropriations for such fiscal year; or (2) during a fiscal year if any other provision of law makes an appropriation, makes funds available, grants continuation authority, or specifically prohibits funding or authority for such project or activity. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to provide an automatic continuing appropriation for the United States Government."} | 1,332 | 199 | 0.711648 | 1.701997 | 0.865219 | 5.196532 | 7.606936 | 0.919075 |
SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Rural
Health Care Preservation Act of 2003''.
(b) Amendments to Social Security Act.--Except as otherwise
specifically provided, whenever in this Act an amendment is expressed
in terms of an amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Social Security Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; amendments to Social Security Act; table of
contents.
Sec. 2. Five-year continuation of medicare managed care cost contracts.
Sec. 3. Temporary protection for sole community hospitals under
outpatient prospective payment schedule.
Sec. 4. Improvements to the critical access hospital program.
Sec. 5. Extension of temporary increase for home health services
furnished in a rural area.
Sec. 6. Increase in payments for hospice care furnished in frontier
areas.
Sec. 7. Treatment of eligibility for hospice care.
SEC. 2. FIVE-YEAR CONTINUATION OF MEDICARE MANAGED CARE COST CONTRACTS.
Section 1876(h)(5)(C) (42 U.S.C. 1395mm(h)(5)(C)) is amended by
striking ``2004'' and inserting ``2009''.
SEC. 3. TEMPORARY PROTECTION FOR SOLE COMMUNITY HOSPITALS UNDER
OUTPATIENT PROSPECTIVE PAYMENT SCHEDULE.
Section 1833(t)(7)(D) (42 U.S.C. 1395l(t)(7)(D)) is amended by
adding at the end the following new clause:
``(iii) Temporary treatment for sole
community hospitals.--In the case of a hospital
described in section 1886(d)(5)(C)(iii) that
furnishes covered OPD services for which the
PPS amount is less than the pre-BBA amount--
``(I) in the case of such services
furnished during 2004 or 2005, the
amount of payment under this subsection
shall be increased by the amount of
such difference;
``(II) in the case of such services
furnished during 2006 or 2007, the
amount of payment under this subsection
shall be increased by 95 percent of the
amount of such difference; and
``(III) in the case of such
services furnished during 2008 or 2009,
the amount of payment under this
subsection shall be increased by 90
percent of the amount of such
difference.''.
SEC. 4. IMPROVEMENTS TO CRITICAL ACCESS HOSPITAL PROGRAM.
(a) Reinstatement of Periodic Interim Payment (PIP).--Section
1815(e)(2) (42 U.S.C. 1395g(e)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by adding ``and'' at the end of subparagraph (D); and
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) inpatient critical access hospital services;''.
(b) Condition for Application of Special Physician Payment
Adjustment.--Section 1834(g)(2) (42 U.S.C. 1395m(g)(2)) is amended by
adding after and below subparagraph (B) the following:
``The Secretary may not require, as a condition for applying
subparagraph (B) with respect to a critical access hospital,
that each physician providing professional services in the
hospital must assign billing rights with respect to such
services, except that such subparagraph shall not apply to
those physicians who have not assigned such billing rights.''.
(c) Flexibility in Bed Limitation for Hospitals.--Section 1820 (42
U.S.C. 1395i-4) is amended--
(1) in subsection (c)(2)(B)(iii), by inserting ``subject to
paragraph (3)'' after ``(iii) provides'';
(2) by adding at the end of subsection (c) the following
new paragraph:
``(3) Increase in maximum number of beds for hospitals with
strong seasonal census fluctuations.--
``(A) In general.--Subject to subparagraph (C), in
the case of a hospital that demonstrates that it meets
the standards established under subparagraph (B) and
has not made the election described in subsection
(f)(2)(A), the bed limitations otherwise applicable
under paragraph (2)(B)(iii) and subsection (f) shall be
increased by 5 beds.
``(B) Standards.--The Secretary shall specify
standards for determining whether a critical access
hospital has sufficiently strong seasonal variations in
patient admissions to justify the increase in bed
limitation provided under subparagraph (A).''; and
(3) in subsection (f)--
(A) by inserting ``(1)'' after ``(f)''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) A hospital may elect to treat the reference in paragraph
(1) to `15 beds' as a reference to `25 beds', but only if no more than
10 beds in the hospital are at any time used for non-acute care
services. A hospital that makes such an election is not eligible for
the increase provided under subsection (c)(3)(A).
``(B) The limitations in numbers of beds under the first sentence
of paragraph (1) are subject to adjustment under subsection (c)(3).''.
(d) 5-Year Extension of the Authorization for Appropriations for
Grant Program.--Section 1820(j) (42 U.S.C. 1395i-4(j)) is amended by
striking ``through 2002'' and inserting ``through 2007''.
(e) Prohibition of Retroactive Recoupment.--The Secretary shall not
recoup (or otherwise seek to recover) overpayments made for outpatient
critical access hospital services under part B of title XVIII of the
Social Security Act, for services furnished in cost reporting periods
that began before October 1, 2002, insofar as such overpayments are
attributable to payment being based on 80 percent of reasonable costs
(instead of 100 percent of reasonable costs minus 20 percent of
charges).
(f) Effective Dates.--
(1) Reinstatement of pip.--The amendments made by
subsection (a) shall apply to payments made on or after January
1, 2004.
(2) Physician payment adjustment condition.--The amendment
made by subsection (b) shall be effective as if included in the
enactment of section 403(d) of the Medicare, Medicaid, and
SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A-
371).
SEC. 5. EXTENSION OF TEMPORARY INCREASE FOR HOME HEALTH SERVICES
FURNISHED IN A RURAL AREA.
(a) In General.--Section 508(a) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-
533), as enacted into law by section 1(a)(6) of Public Law 106-554, is
amended--
(1) by striking ``24-Month Increase Beginning April 1,
2001'' and inserting ``In General''; and
(2) by striking ``April 1, 2003'' and inserting ``January
1, 2006''.
(b) Conforming Amendment.--Section 547(c)(2) of such Act (114 Stat.
2763A-553) is amended by striking ``the period beginning on April 1,
2001, and ending on September 30, 2002,'' and inserting ``a period
under such section''.
SEC. 6. INCREASE IN PAYMENTS FOR HOSPICE CARE FURNISHED IN FRONTIER
AREAS.
(a) 10 Percent Increase in Payment for Hospice Care Furnished in a
Frontier Area.--Section 1814(i)(1) (42 U.S.C. 1395f(i)(1)) is amended
by adding at the end the following new subparagraph:
``(D) With respect to hospice care furnished in a frontier area on
or after January 1, 2004, and before January 1, 2009, the payment rates
otherwise established for such care shall be increased by 10 percent.
For purposes of this subparagraph, the term `frontier area' means a
county in which the population density is less than 7 persons per
square mile.''.
(b) Report on Costs.--Not later than January 1, 2008, the
Comptroller General of the United States shall submit to Congress a
report on the costs of furnishing hospice care in frontier areas. Such
report shall include recommendations regarding the appropriateness of
extending, and modifying, the payment increase provided under the
amendment made by subsection (a).
SEC. 7. TREATMENT OF ELIGIBILITY FOR HOSPICE CARE.
(a) Deemed Eligibility Based on Death in Fact.--
(1) In general.--Section 1814(i) of the Social Security Act
is amended by adding at the end the following new paragraph:
``(4) For purposes of section 1814(a)(7)(A), the Secretary and a
fiscal intermediary shall not take any action to deny payment for
hospice care for an individual on the basis that the individual is not
terminally ill if the individual dies within 6 months of the date the
individual is initially admitted into the hospice program for the
receipt of hospice care.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on January 1, 2004.
(b) CMS Report.--
(1) In general.--The Administrator of the Centers for
Medicare & Medicaid Services shall evaluate the standards used
by fiscal intermediaries in denying physician certifications
under section 1814(a)(7) of the Social Security Act (42 U.S.C.
1395f(a)(7)) that an individual is terminally ill (and thereby
making such individuals ineligible to elect the hospice care
alternative) and the impact of such decisions on length of
stay. Such evaluation shall review the impact of the amendments
made by section 322(a) of the Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection Act of 2000 (114 Stat.
2763A-501), as enacted into law by section 1(a)(6) of Public
Law 106-554 and the results of the study conducted under
section 322(b) of such Act of 2000.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Administrator shall submit to
Congress a report on the evaluation under paragraph (1). | Medicare Rural Health Care Preservation Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) a five-year continuation of Medicare managed care cost contracts; (2) temporary payment increases for sole community hospitals under the prospective payment system for hospital outpatient department services; (3) the reinstatement of periodic interim payment (PIP) with respect to the critical access hospital program, among other changes with respect to such program; (4) an extension of the temporary increase for home health services furnished in a rural area; (5) an increase in payments for hospice care furnished in frontier areas; and (6) deemed eligibility based on death in fact with respect to treatment of eligibility for hospice care. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to protect and preserve access of Medicare beneficiaries to health care in rural areas."} | 2,425 | 151 | 0.589488 | 1.551501 | 0.652303 | 4.358621 | 13.958621 | 0.937931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elevating Educator Preparation
Through Innovation Act of 2016''.
SEC. 2. DEFINITIONS UNDER TITLE II.
Section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021) is
amended--
(1) by striking paragraph (6) and inserting the following:
``(6) Eligible partnership.--
``(A) Eligible entity.--In this paragraph, the term
`eligible entity' means an entity that shall include--
``(i) a high-need local educational agency;
and
``(ii)(I) a high-need school or a
consortium of high-need schools served by the
high-need local educational agency; or
``(II) as applicable, a high-need early
childhood education program.
``(B) In general.--Except as otherwise provided in
section 251, the term `eligible partnership' means an
eligible entity that is in partnership with at least
one of the following entities that has a demonstrated
record of success with high-need local educational
agencies (including addressing the eligible entity's
current human capital needs):
``(i) A partner institution.
``(ii) A school, department, or program of
education within such partner institution,
which may include an existing teacher
professional development program with proven
outcomes within a four-year institution of
higher education that provides intensive and
sustained collaboration between faculty and
local educational agencies consistent with the
requirements of this title.
``(iii) A school or department of arts and
sciences within such partner institution.
``(iv) An entity operating a program that
provides alternative routes to State
certification of teachers.
``(v) A public or private nonprofit
educational organization.
``(vi) An educational service agency.
``(C) Permissive partners.--An `eligible
partnership' may include any of the following:
``(i) The Governor of the State.
``(ii) The State educational agency.
``(iii) The State board of education.
``(iv) The State agency for higher
education.
``(v) A business.
``(vi) A teacher organization.
``(vii) A high-performing local educational
agency, or a consortium of such local
educational agencies, that can serve as a
resource to the partnership.
``(viii) A charter school (as defined in
section 4310 of the Elementary and Secondary
Education Act of 1965).
``(ix) A school or department within the
partner institution that focuses on psychology
and human development.
``(x) A school or department within the
partner institution with comparable expertise
in the disciplines of teaching, learning, and
child and adolescent development.'';
(2) in paragraph (22)--
(A) in subparagraph (B), by striking ``the partner
institution'' and inserting ``an eligible partner
described in any of clauses (i) through (vi) of
paragraph (6)(B)''; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) prior to completion of the program, attains
full State teacher certification or licensure and, with
respect to special education teachers, meets the
qualifications described in section 612(a)(14)(C) of
the Individuals with Disabilities Education Act.''; and
(3) in paragraph (23)(A), by inserting ``, which may
include through the use of data, including data from interim,
formative, and summative assessments, and student growth data,
attendance, behavior, and course grades to improve student
achievement and to improve classroom instruction'' after
``knowledge''.
SEC. 3. USE OF GRANTS.
Section 202(c) of the Higher Education Act of 1965 (20 U.S.C.
1022a(c)) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) may use not more than 10 percent of grant funds to--
``(A) encourage the preservice and inservice
clinical experiences and interactions of prospective
and resident teachers to inform the design of high-
quality professional development, as described in
section 8101(42) of the Elementary and Secondary
Education Act of 1965, and induction programs for new
teachers, if the student teaching or teaching residency
program school and the placement school of such
teachers are served by the same local educational
agency;
``(B) improve teacher preparation programs'
clinical experiences, interactions, and curricula by
identifying skill deficits of prospective teachers; and
``(C) create a feedback loop using data between
teacher preparation programs and local educational
agencies' professional development for new teachers.''.
SEC. 4. EVALUATIONS.
Section 204(d) of the Higher Education Act of 1965 (20 U.S.C.
1022b) is amended to read as follows:
``(d) Evaluation and Dissemination.--From amounts appropriated
under section 209, the Secretary, acting through the Director of the
Institute of Education Sciences, shall--
``(1) carry out an independent evaluation to measure the
effectiveness of the programs operated by the partnerships
assisted under this part;
``(2) report the findings regarding the evaluation to the
authorizing committees; and
``(3) disseminate--
``(A) successful practices developed by eligible
partnerships under this part; and
``(B) information regarding such practices that
were found to be ineffective.''. | Elevating Educator Preparation Through Innovation Act of 2016 This bill amends title II (Teacher Quality Enhancement) of the Higher Education Act of 1965 to revise provisions related to the Teacher Quality Partnership grant program. Specifically, the bill: modifies requirements regarding which types of entities must, or may, be included in a grant-eligible partnership; eliminates the requirement that a teaching residency program must culminate in the attainment of a master's degree; and expands the purposes for which grant funds may be used. | {"src": "billsum_train", "title": "Elevating Educator Preparation Through Innovation Act of 2016"} | 1,259 | 131 | 0.532358 | 1.389499 | 0.633278 | 1.858696 | 13.032609 | 0.75 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Critical Need GME
Protection Act of 1998''.
SEC. 2. FULL FTE PAYMENT FOR RESIDENTS IN CRITICAL NEED SPECIALTY OR
SUBSPECIALTY TRAINING PROGRAMS.
(a) Treatment as Initial Residency Period.--
(1) In general.--Section 1886(h)(5)(F) of the Social
Security Act (42 U.S.C. 1395ww(h)(5)(F)) is amended--
(A) in clause (i)--
(i) by striking ``clause (ii)'' and
inserting ``clause (ii) or (iii)''; and
(ii) by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``, and''; and
(C) by inserting after clause (ii), the following
new clause:
``(iii) subject to the requirement for
budget neutrality under paragraph (7), a period
of years, determined by the Secretary under
subparagraph (K)(iv), during which an
individual is in a residency training program
designated by the Secretary as a critical need
specialty or subspecialty, as defined in
subparagraph (K), shall be treated as part of
the initial residency period, but shall not be
counted against any limitation on the initial
residency period.''.
(2) Determination of critical need specialty or
subspecialty.--Section 1886(h)(5) of such Act (42 U.S.C.
1395ww(h)(5)) is amended by adding at the end the following new
subparagraph:
``(K) Critical need speciality.--
``(i) Definition.--The term `critical need
specialty or subspecialty' means a specialty or
subspecialty designated by the Secretary under
this subparagraph with a current or imminent
critical shortage of physicians.
``(ii) Criteria.--For purposes of
designating a critical need specialty or
subspecialty under this subparagraph, the
Secretary shall prescribe criteria for
determining critical shortages of physicians or
residents in approved medical residency
training programs. The Secretary shall publish
in the Federal Register the criteria
established under this clause and the form and
manner by which data is submitted for the
Secretary's review under this subparagraph.
``(iii) Period of designation.--
``(I) In general.--A designation of
a critical need specialty or
subspecialty under this subparagraph
shall apply until the Secretary
determines the specialty or
subspecialty does not meet the criteria
for designation as a critical need
specialty or subspecialty.
``(II) Report.--In the event the
Secretary determines that a specialty
or subspecialty no longer meets the
criteria for being a critical need
specialty or subspecialty, the
Secretary shall submit a report to
Congress describing the reasons for
discontinuing the designation.''.
(b) Maintaining Budget Neutrality.--Section 1886(h) of such Act (42
U.S.C. 1395ww(h)) is amended by adding at the end the following new
paragraph:
``(7) Budget Neutrality Adjustment for Critical Need Specialty or
Subspecialty Designation.--If the Secretary designates a critical need
specialty or subspecialty for a fiscal year, the Secretary shall make a
proportional adjustment to payment amounts under this subsection for
such fiscal year so that the aggregate of the payments under this
subsection for such fiscal year shall equal the aggregate payments that
would have been made under this subsection for such fiscal year if the
Secretary had not designated a critical need specialty or
subspecialty.''.
(c) Effective Date.--The amendments made by this Act shall apply
with respect to payments under section 1886(h) of the Social Security
Act (42 U.S.C. 1395ww(h)) made for residents in, or beginning training
in, a critical need specialty or subspecialty on or after July 1, 1999. | Medicare Critical Need GME Protection Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for full payment to hospitals for costs of direct graduate medical education of residents for training in what the Secretary of Health and Human Services designates as a critical need specialty or subspecialty training program. States that such training shall be treated as part of the initial residency period, but shall not be counted against any limitation on the initial residency period. | {"src": "billsum_train", "title": "Medicare Critical Need GME Protection Act of 1998"} | 940 | 103 | 0.609422 | 1.687766 | 1.138791 | 3.284091 | 8.556818 | 0.829545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nationwide Freight and Personal
Mobility Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the safe and efficient movement of individuals and
freight in interstate commerce, including the movement of
individuals and freight on highways over long distances, is
essential to the economic growth and prosperity of the United
States, including both rural and metropolitan areas;
(2) the highway movement of freight will be, for the
foreseeable future, on roads that serve both freight and
passenger traffic, requiring effective and unified planning and
funding for the preservation and improvement of highways in the
interest of effective transportation of both individuals and
freight in rural and metropolitan areas;
(3) it is essential and appropriate that Federal programs
to preserve and improve highway transportation infrastructure
ensure consideration of the needs of freight as part of an
overall, unified, and multimodal approach to meeting the
national interest in the safe and efficient transportation of
both individuals and freight;
(4) vehicle miles traveled on the National Highway System,
including the Interstate System, represent nearly 45 percent of
all vehicle miles traveled in the United States, even as
National Highway System routes comprise only 4 percent of
public road mileage in the United States; and
(5) a well-preserved and improved system of National
Highway System routes, including Interstate System routes, is
essential to the effective movement of individuals and freight
in the United States in both rural and metropolitan areas.
SEC. 3. GUARANTEED FUNDING FOR NATIONAL HIGHWAY SYSTEM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 167. Guaranteed funding for National Highway System
``(a) Applicability.--This section applies to authorizations of
appropriations from the Highway Trust Fund (other than the Mass Transit
Account) for fiscal year 2010 and each fiscal year thereafter.
``(b) Determination of Apportionments.--For each fiscal year, the
Secretary shall determine the total amounts apportioned among the
States pursuant to authorizations of appropriations from the Highway
Trust Fund (other than the Mass Transit Account), other than
authorizations of appropriations pursuant to--
``(1) this section;
``(2) section 105; and
``(3) other provisions of this title administered by the
National Highway Traffic Safety Administration or the Federal
Motor Carrier Safety Administration.
``(c) Additional Authorization of Appropriations.--
``(1) In general.--If the total amount of apportionments
for a fiscal year for the Interstate maintenance program under
section 119 and the National Highway System program under
section 103, exclusive of apportionments pursuant to
authorizations of appropriations under this section, equals
less than 45 percent of the total amount apportioned for the
fiscal year as determined under subsection (b), an additional
amount determined pursuant to paragraph (2) is authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the fiscal year for the National Highway
System program under section 103.
``(2) Amount.--The amount of the additional authorization
of appropriations described in paragraph (1) for a fiscal year
for the National Highway System program under section 103 shall
be determined by the Secretary--
``(A) by subtracting from the total amount
described by subsection (b) the amounts included in
that total for apportionments for the National Highway
System program under section 103 and the Interstate
maintenance program under section 119 for the fiscal
year;
``(B) by dividing the difference calculated under
subparagraph (A) by 0.55;
``(C) by multiplying the quotient calculated under
subparagraph (B) by 0.45; and
``(D) by subtracting from the product calculated
under subparagraph (C) the amount included in
subsection (b) for apportionments for the National
Highway System program under section 103 and the
Interstate maintenance program under section 119 for
the fiscal year.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting at the end of the items
relating to subchapter I the following:
``167. Guaranteed funding for National Highway System.''.
SEC. 4. FEDERAL SHARE.
Section 120(b) of title 23, United States Code, is amended by
striking ``80 percent of the cost thereof'' each place it appears and
inserting ``80 percent of the cost of the project (if the project is
not on the National Highway System), or 85 percent of the cost of the
project (if the project is on the National Highway System and not on
the Interstate System)''. | Nationwide Freight and Personal Mobility Act - Specifies a formula for the automatic authorization of additional appropriations for National Highway System (NHS) improvement projects, starting FY2010, if apportionments fall below a certain level.
Revises the federal share of non-Interstate highway projects to make it: (1) 80% for non-NHS projects; and (2) 85% for NHS projects. | {"src": "billsum_train", "title": "A bill to amend title 23, United States Code, to improve highway transportation in the Untied States, including rural and metropolitan areas."} | 1,032 | 90 | 0.539643 | 1.37717 | 0.538326 | 1.351351 | 13.162162 | 0.702703 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commissions on Regulatory Reform Act
of 1993''.
SEC. 2. FINDING AND PURPOSE.
(a) Finding.--The Congress finds that Federal regulations have
placed an unprecedented burden on all private citizens of the United
States, to the extent that economic growth is significantly hampered.
(b) Purpose.--The purpose of this Act is to demonstrate the need to
reexamine the policies and procedures of Federal agencies which impose
regulatory burden, to determine what changes are necessary and
desirable in those policies and procedures.
SEC. 3. REVIEW OF FEDERAL REGULATIONS.
(a) In General.--Each of the commissions established under section
4 by the Director of the Office of Management and Budget (hereinafter
in this Act referred to as the ``Director'') shall review in accordance
with this section the regulations issued by the department or agency
with respect to which the commission is established.
(b) Standards for Review.--In reviewing regulations under this
section, a commission shall examine and determine the following:
(1) Whether the regulations are--
(A) within the scope of authority of the statutes
under which the regulations were issued; and
(B) in accordance with the original intent of the
Congress in approving those statutes.
(2) Whether administrative decisions made under the
regulations were based on adequate information concerning the
need for and consequences of proposed Government action.
(3) Whether regulatory action was taken only in instances
where potential economic benefits to society of taking an
action have exceeded the economic costs to society of taking
the action.
(4) Whether the objectives of regulatory actions were
selected to minimize net economic costs to society.
(5) Whether in selecting among alternative approaches for
achieving objectives of regulatory actions, the alternative
selected was the alternative involving the least net economic
cost to society.
(6) Whether Federal agencies, in selecting regulatory
priorities, have taken into account--
(A) the condition of the particular employers and
employees affected by regulatory actions;
(B) the condition of the regional and national
economy; and
(C) other Federal regulatory actions being
considered.
(c) Consultation and Comment.--In carrying out reviews under this
section, a commission shall--
(1) consult with the Congress; and
(2) solicit and consider views and suggestions of persons
affected by the regulations reviewed by the commission.
(d) Reports.--
(1) In general.--Each commission established under section
4 shall submit reports in accordance with this subsection to
the Director, the head of the department or agency with respect
to which the commission is established, and the Congress. The
reports shall consist of--
(A) an interim report submitted by not later than 1
year after the completion of appointments of the
members of the commission;
(B) an interim report submitted by not later than 2
years after the completion of those appointments; and
(C) a final report submitted by not later than 3
years after the completion of those appointments.
(2) Contents.--Each report under this subsection shall
describe the determinations made by the commission under each
of paragraphs (1), (2), (3), (4), (5), and (6) of subsection
(b) for the period covered by the report.
SEC. 4. ESTABLISHMENT OF COMMISSIONS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Director shall establish 5 commissions to
carry out reviews under section 3. Of the commissions established under
this section--
(1) 1 shall be established with respect to each of--
(A) the Environmental Protection Agency;
(B) the Occupational Safety and Health
Administration; and
(C) the Health Care Financing Administration; and
(2) 1 shall be established with respect to each of 2
Federal departments or agencies selected by the Director.
(b) Membership.--Each commission established under this section
shall be composed of 14 members as follows:
(1) 2 members of the Senate appointed by the President pro
tempore of the Senate, who shall be members of different
political parties.
(2) 2 members appointed by the Speaker of the House of
Representatives, who shall be members of different political
parties.
(3) 5 members appointed by the President from among persons
affected by regulatory actions of the department or agency with
respect to which the commission is established, of whom not
more than 3 may be members of the same political party.
(4) 5 members appointed by the head of the department or
agency with respect to which the commission is established,
from among the career employees of the agency.
(c) Compensation.--A member of a commission may not receive any
additional compensation by reason of service on the commission.
(d) Expenses.--The head of a Federal department or agency with
respect to which a commission is established under this section shall
pay the expenses incurred by the commission in carrying out this Act.
(e) Termination.--A commission established by this section shall
terminate on the date the commission submits a final report under
section 3(d)(1)(C). | Commissions on Regulatory Reform Act of 1993 - Requires the Director of the Office of Management and Budget to establish five commissions to review the regulations issued by the: (1) Environmental Protection Agency; (2) the Occupational Health and Safety Administration; (3) the Health Care Financing Administration; and (4) two Federal agencies selected by the Director.
Establishes standards for such review. | {"src": "billsum_train", "title": "Commissions on Regulatory Reform Act of 1993"} | 1,088 | 80 | 0.520782 | 1.261123 | 0.848567 | 3.828947 | 13.986842 | 0.907895 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Credit System Agricultural
Export and Risk Management Act''.
SEC. 2. PARTICIPATION DEFINED.
Section 3.1(11)(B) of the Farm Credit Act of 1971 (12 U.S.C.
2122(11)(B)) is amended by adding at the end the following new clause:
``(iv) As used in this subparagraph, the term `participate' or
`participation' refers to multilender transactions, including
syndications, assignments, loan participations, subparticipations, or
other forms of the purchase, sale, or transfer of interests in loans,
other extensions of credit, or other technical and financial
assistance.''.
SEC. 3. AGRICULTURAL EXPORT FINANCING.
Section 3.7(b) of the Farm Credit Act of 1971 (12 U.S.C. 2128(b))
is amended--
(A) in paragraph (1)--
(i) by striking ``assistance to (A)'' and inserting
``assistance to'';
(ii) by striking ``the export or'' and inserting ``the'';
and
(iii) by striking ``and (B)'' and all that follows through
``subparagraph (A): Provided, That a'' and inserting ``if
the''; and
(B) by striking paragraph (2) and inserting the following new
paragraph:
``(2)(A) A bank for cooperatives may make or participate in loans
and commitments to, and extend other technical and financial assistance
to--
``(i) any domestic or foreign party for the export, including
(where applicable) the cost of freight, of agricultural commodities
or products thereof, farm supplies, or aquatic products from the
United States under policies and procedures established by the bank
to ensure that the commodities, products, or supplies are
originally sourced, where reasonably available, from one or more
eligible cooperative associations described in section 3.8(a) on a
priority basis, except that if the total amount of the balances
outstanding on loans made by a bank under this clause that--
``(I) are made to finance the export of commodities,
products, or supplies that are not originally sourced from a
cooperative, and
``(II) are not guaranteed or insured, in an amount equal to
at least 95 percent of the amount loaned, by a department,
agency, bureau, board, commission, or establishment of the
United States or a corporation wholly-owned directly or
indirectly by the United States,
exceeds an amount that is equal to 50 percent of the bank's
capital, then a sufficient interest in the loans shall be sold by
the bank for cooperatives to commercial banks and other non-System
lenders to reduce the total amount of such outstanding balances to
an amount not greater than an amount equal to 50 percent of the
bank's capital; and
``(ii) except as provided in subparagraph (B), any domestic or
foreign party in which an eligible cooperative association
described in section 3.8(a) (including, for the purpose of
facilitating its domestic business operations only, a cooperative
or other entity described in section 3.8(b)(1)(A)) has an ownership
interest, for the purpose of facilitating the domestic or foreign
business operations of the association, except that if the
ownership interest by an eligible cooperative association, or
associations, is less than 50 percent, the financing shall be
limited to the percentage held in the party by the association or
associations.
``(B) A bank for cooperatives shall not use the authority provided
in subparagraph (A)(ii) to provide financial assistance to a party for
the purpose of financing the relocation of a plant or facility from the
United States to another country.''.
SEC. 4. CONFORMING AMENDMENT.
Section 3.8(b)(1) of the Farm Credit Act of 1971 (12 U.S.C.
2129(b)(1)) is amended--
(A) by striking subparagraph (B);
(B) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (B), (C), and (D), respectively; and
(C) by aligning the margin of subparagraph (D) (as so
redesignated) so as to align with the margin of subparagraph (C)
(as so redesignated).
SEC. 5. LOAN PARTICIPATION AUTHORITY FOR FARM CREDIT BANKS AND DIRECT
LENDER ASSOCIATIONS.
In General.--Title IV of the Farm Credit Act of 1971 (12 U.S.C.
2151 et seq.) is amended by inserting after section 4.18 (12 U.S.C.
2206) the following new section:
``SEC. 4.18A. AUTHORITY OF FARM CREDIT BANKS AND DIRECT LENDER
ASSOCIATIONS TO PARTICIPATE IN LOANS TO SIMILAR ENTITIES
FOR RISK MANAGEMENT PURPOSES.
``(a) Definitions.--As used in this section:
``(1) Participate and participation.--The terms `participate'
and `participation' shall have the meaning provided in section
3.1(11)(B)(iv).
``(2) Similar entity.--The term `similar entity' means a person
that--
``(A) is not eligible for a loan from the Farm Credit Bank
or association; and
``(B) has operations that are functionally similar to a
person that is eligible for a loan from the Farm Credit Bank or
association in that the person derives a majority of the income
of the person from, or has a majority of the assets of the
person invested in, the conduct of activities that are
functionally similar to the activities that are conducted by an
eligible person.
``(b) Loan Participation Authority--Notwithstanding any other
provision of this Act, any Farm Credit Bank or direct lender
association chartered under this Act may participate in any loan of a
type otherwise authorized under title I or II made to a similar entity
by any person in the business of extending credit, except that a Farm
Credit Bank or direct lender association may not participate in a loan
under this section if--
``(1) the participation would cause the total amount of all
participations by the Farm Credit Bank or association under this
section involving a single credit risk to exceed 10 percent (or the
applicable higher lending limit authorized under regulations issued
by the Farm Credit Administration if the stockholders of the
respective Farm Credit Bank or association so approve) of the total
capital of the Farm Credit Bank or association;
``(2) the participation by the Farm Credit Bank or association
would equal or exceed 50 percent of the principal of the loan or,
when taken together with participations in the loan by other Farm
Credit System institutions, would cause the cumulative amount of
the participations by all Farm Credit System institutions in the
loan to equal or exceed 50 percent of the principal of the loan;
``(3) the participation would cause the cumulative amount of
participations that the Farm Credit Bank or association has
outstanding under this section to exceed 15 percent of the total
assets of the Farm Credit Bank or association; or
``(4) the loan is of the type authorized under section 1.11(b)
or 2.4(a)(2).
``(c) Prior Approval Required.--
``(1) In general.--With respect to a similar entity that is
eligible to borrow from a bank for cooperatives under title III,
the authority of a Farm Credit Bank or association to participate
in a loan to the entity under this section shall be subject to the
prior approval of the bank for cooperatives having, at the time the
loan is made, the greatest loan volume in the State in which the
headquarters office of the similar entity is located.
``(2) Terms and conditions.--Approval under paragraph (1) may
be granted on an annual basis and under such terms and conditions
as may be agreed on between the Farm Credit Bank or association, as
the case may be, and the bank for cooperatives granting the
approval.
``(3) Approval by supervising farm credit bank.--An association
may not participate in a loan to a similar entity under this
section without the approval of the supervising Farm Credit Bank of
the association.''.
SEC. 6. CONFORMING AMENDMENTS.
Section 3.1(11)(B)(i)(I)(bb) of the Farm Credit Act of 1971 (12
U.S.C. 2122(11)(B)(i)(I)(bb)) is amended--
(A) by striking ``the other banks for cooperatives under this
subparagraph'' and inserting ``other Farm Credit System
institutions''; and
(B) by striking ``all banks for cooperatives'' and inserting
``all Farm Credit System institutions''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Farm Credit System Agricultural Export and Risk Management Act - Amends the Farm Credit Act of 1971 to permit banks for cooperatives to participate in agricultural export financing arrangements with domestic or foreign businesses.
Prohibits the financing of a U.S. facility's foreign relocation.
Authorizes a Farm Credit Bank or direct lender association to participate in loans to similar but non-Farm Credit System entities for risk management purposes. Requires supervising Farm Credit Bank approval. | {"src": "billsum_train", "title": "Farm Credit System Agricultural Export and Risk Management Act"} | 2,006 | 103 | 0.502492 | 1.212341 | 0.899155 | 3.192771 | 21.13253 | 0.879518 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dry-Redwater Regional Water
Authority System Act of 2009''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) there are insufficient available supplies of safe water
to meet the minimum health and safety standards of the citizens
of--
(A) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(B) McKenzie County, North Dakota;
(2) McCone and Garfield Counties of the State were--
(A) directly and physically impacted when the Fort
Peck Dam was constructed; and
(B) to receive certain impact benefits as a result
of the Pick-Sloan program; and
(3) the water that is contained in the Fort Peck Dam
reservoir is managed for purposes relating to--
(A) flood control;
(B) the production of hydroelectric power;
(C) irrigation;
(D) the maintenance of a public water supply;
(E) the conservation of fish and wildlife;
(F) recreation; and
(G) the improvement of water quality.
(b) Purpose.--The purpose of this Act is to ensure a safe and
adequate municipal, rural, and industrial water supply for the citizens
of--
(1) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(2) McKenzie County, North Dakota.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Western Area Power Administration.
(2) Authority.--The term ``Authority'' means--
(A) the Dry-Redwater Regional Water Authority, a
publicly owned nonprofit water authority formed in
accordance with Mont. Code Ann. 75-6-302 (2007); and
(B) any nonprofit successor entity.
(3) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri Basin Program (authorized by
section 9 of the Act of December 22, 1944; commonly known as
the ``Flood Control Act of 1944''; 58 Stat. 891, chapter 665).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Montana.
(6) Water system.--The term ``Water System'' means the Dry-
Redwater Regional Water Authority System authorized under
section 4 for--
(A) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(B) McKenzie County, North Dakota.
(7) Non-federal distribution system.--The term ``non-
Federal distribution system'' means the local electric service
facility provider.
(8) Integrated system.--The term ``integrated system''
means the transmission system owned by Western Area Power
Administration, Basin Electric Power Cooperative and Heartland
Consumers Power District and administered by Western Area Power
Administration.
SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM.
(a) Cooperative Agreement.--
(1) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide Federal
assistance for the planning, design, and construction of the
Water System.
(2) Requirements.--A cooperative agreement entered into
under paragraph (1) shall specify, in a manner that is
acceptable to the Secretary and the Authority--
(A) the responsibilities of each party to the
cooperative agreement relating to the Water System,
including--
(i) the final engineering report;
(ii) an environmental and cultural resource
study;
(iii) engineering and design;
(iv) construction;
(v) water conservation measures; and
(vi) administration of contracts relating
to the performance of the activities described
in clauses (i) through (v);
(B) any procedure or requirement relating to--
(i) the carrying out of each activity
described in subparagraph (A); and
(ii) the approval and acceptance of the
design and construction of the Water System;
and
(C) the rights, responsibilities, and liabilities
of each party to the cooperative agreement.
(b) Use of Federal Funds.--
(1) Federal share.--
(A) In general.--The Federal share of the costs
relating to the planning, design, and construction of
the Water System shall not exceed 75 percent of the
total cost of the Water System.
(B) Limitation.--Amounts made available under
subparagraph (A) shall not be returnable or
reimbursable under the reclamation laws.
(2) Compliance with cooperative agreement.--Federal funds
made available to carry out this section shall be obligated and
expended in accordance with a cooperative agreement entered
into by the Secretary under subsection (a).
(c) Components.--Components of the Water System facilities for
which Federal funds may be obligated and expended under this section
shall include--
(1) facilities relating to--
(A) water intake;
(B) water pumping;
(C) water treatment; and
(D) water storage;
(2) transmission pipelines and pumping stations;
(3) appurtenant buildings, maintenance equipment, and
access roads;
(4) any interconnection facility that connects a pipeline
of the Water System to a pipeline of a public water system;
(5) distribution, pumping, and storage facilities that--
(A) serve the needs of citizens who use public
water systems;
(B) are in existence on the date of the enactment
of this Act; and
(C) may be purchased, improved, and repaired in
accordance with a cooperative agreement entered into by
the Secretary under subsection (a)(1);
(6) electrical power transmission and distribution
facilities required for the operation and maintenance of the
Water System;
(7) any other facility or service required for the
development of a rural water distribution system, as determined
by the Secretary; and
(8) any property or property right required for the
construction or operation of a facility described in this
subsection.
(d) Service Area.--The service area of the Water System shall be--
(1) the area of Garfield and McCone Counties in the State;
(2) the area west of the Yellowstone River in Dawson and
Richland Counties in the State;
(3) the area including, and north of, Township 15N in
Prairie County in the State; and
(4) the portion of McKenzie County, North Dakota, that
includes all land that is located west of the Yellowstone River
in the State of North Dakota.
(e) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for construction of the Water System
until the date on which the last of the following occurs:
(1) The Water System complies with each requirement under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(2) 90 days after the date of receipt by Congress of the
final engineering report described in subsection (a)(2)(A)(i)
that is approved by the Secretary.
(3) The Secretary publishes a written finding that the
water conservation plan developed pursuant to section 6
contains water conservation measures for the operation of the
Water System that are--
(A) prudent;
(B) reasonable; and
(C) economically and financially feasible.
(f) Limitation on Use of Federal Funds.--
(1) In general.--Any cost relating to the operation,
maintenance, or replacement of the Water System--
(A) shall not be a Federal responsibility; and
(B) shall be paid by the Water System.
(2) Federal funds.--The Secretary shall not obligate or
expend Federal funds for the operation, maintenance, or
replacement of the Water System.
(g) Title to the Water System.--Title to the Water System shall be
held by the Authority.
SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM.
(a) Findings.--Congress finds that McCone and Garfield Counties in
the State were designated--
(1) as impact counties during the period in which the Fort
Peck Dam was constructed; and
(2) to receive impact mitigation benefits in accordance
with the Pick-Sloan program.
(b) Availability of Power.--
(1) In general.--Subject to paragraph (2), the
Administrator shall make available to the Water System a
quantity of power required, up to one and one-half megawatt
capacity, to meet the pumping and incidental operation
requirements of the Water System during the period beginning
May 1 and ending on October 31 of each year from the following
Water System facilities--
(A) from the water intake facilities; and
(B) through all pumping stations, water treatment
facilities, reservoirs, storage tanks, and pipelines up
to the point of delivery of water by the water supply
system to all storage reservoirs and tanks and each
entity that distributes water at retail to individual
users.
(2) Eligibility.--The Water System shall be eligible to
receive power under paragraph (1) if the Water System--
(A) operates on a not-for-profit basis; and
(B) is constructed pursuant to a cooperative
agreement entered into by the Secretary under section
4(a).
(3) Rate.--The Administrator shall make available the power
described in paragraph (1) at the firm power rate.
(4) Additional power.--If power, in addition to that made
available to the Water System in paragraph (1) is required to
meet the pumping requirements of the Dry-Redwater Regional
Water Authority, the Administrator may purchase the necessary
additional power at the best available rate. The costs of such
purchases shall be reimbursed to the Administrator by the Dry-
Redwater Regional Water Authority.
(5) Responsibility for power charges.--The Authority shall
be responsible for the payment of the power charge described in
paragraph (3) and non-Federal delivery costs described in
paragraph 6.
(6) Transmission arrangements.--The Water System shall be
responsible for all non-Federal transmission and distribution
system delivery and service arrangements. The Water System
shall be responsible for funding any transmission upgrades, if
required, to the Integrated System necessary to deliver power
to the Water System.
SEC. 6. WATER CONSERVATION PLAN.
(a) In General.--The Authority shall develop a water conservation
plan containing--
(1) a description of water conservation objectives;
(2) a description of appropriate water conservation
measures; and
(3) a time schedule for carrying out the measures described
in paragraph (2) and this Act to meet the water conservation
objectives described in paragraph (1).
(b) Design Requirement.--The water conservation plan developed
under subsection (a) shall be designed to ensure that users of water
provided by the Water System will use the best practical technology and
management techniques to conserve water.
(c) Public Participation.--Section 210(c) of the Reclamation Reform
Act of 1982 (43 U.S.C. 390jj(c)) shall apply to each activity carried
out under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Water System.--There is authorized to be appropriated to carry
out the planning, design, and construction of the Water System a total
of $115,116,000 for fiscal years 2011 through 2021.
(b) Cost Indexing.--The amount authorized to be appropriated under
subsection (a) may be increased or decreased in accordance with
ordinary fluctuations in development costs incurred after January 1,
2008, as indicated by any available engineering cost indices applicable
to construction activities that are similar to the construction of the
Water System. | Dry-Redwater Regional Water Authority System Act of 2009 - Directs the Secretary of the Interior to enter into a cooperative agreement to provide federal assistance for the planning, design, and construction of the Dry-Redwater Regional Water Authority System for specified counties in Montana and North Dakota.
Lists agreement requirements. Limits the federal share of planning, design, and construction of the System to 75% of the total cost. Delineates the components of System facilities for which federal funds may be expended and the System's service area. Limits the obligation of funds for construction. Provides that any cost relating to the System's operation, maintenance, or replacement shall not be a federal responsibility and shall be paid by the System.
Directs the Administrator of the Western Area Power Administration to make available to the System a quantity of power required, up to one and a half megawatt capacity, to meet the System's pumping and incidental operation requirements between May 1 and October 31 of each year from the water intake facilities and through all pumping stations, water treatment facilities, reservoirs, storage tanks, and pipelines up to the point of delivery of water by the water supply system to all storage reservoirs and tanks and each entity that distributes water at retail to individual users. Makes the System eligible to receive power only if it operates on a nonprofit basis and is constructed pursuant to the agreement. Sets forth provisions regarding the purchase of additional power and the Authority's responsibility for power charges, non-federal delivery costs, and non-federal transmission and distribution system delivery and service arrangements.
Directs the Authority to develop a water conservation plan containing a description of water conservation objectives and measures and a schedule for carrying out such measures. Requires the plan to be designed to ensure that users of water provided by the System use the best practical technology and management techniques to conserve water. | {"src": "billsum_train", "title": "To authorize the construction of the Dry-Redwater Regional Water Authority System in the State of Montana and a portion of McKenzie County, North Dakota, and for other purposes."} | 2,569 | 400 | 0.436102 | 1.408345 | 0.658384 | 4.542135 | 6.671348 | 0.924157 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair International Standards in
Trade for the Americas Act of 1995''.
SEC. 2. PRINCIPAL NEGOTIATING OBJECTIVES OF THE UNITED STATES.
The purposes, policies, and objectives that are applicable with
respect to any free-trade area trade agreement negotiated under the
authority of such title I in furtherance of the Free Trade Agreement
for the Americas, as proposed at the Summit of the Americas that was
held in December, 1994, in Miami, Florida with any country in the
Western Hemisphere outside North America (hereafter in this Act
referred to as the ``FTAA'') include the achievement of the overall and
principal trade negotiating objectives of the United States set forth
in section 1101 of the Omnibus Trade and Competitiveness Act of 1988,
and the following principal negotiating objectives:
(1) Worker rights and standards and protection.--With a
view to establishing open, expanding, mutually beneficial trade
among the countries of the Western Hemisphere, to spreading the
benefits of such trade as widely as possible, to protecting
citizens interests, and to enhancing respect for human rights
throughout the Western Hemisphere, the principal negotiating
objectives of the United States with respect to worker rights
and standards, and the protection thereof, in the conduct of
international trade, commerce, and finance are--
(A) to ensure freedom of association and to affirm
the vital role that free and independent unions play in
democratic governance;
(B) to ensure the rights of working people to
organize, to bargain collectively, and to strike, and
to ensure the right of workers' representatives to
legal protection in the free exercise of their duties
and fundamental human rights;
(C) to establish a minimum age for the employment
of children at 14 years if the employment will not
result in the neglect of their education and will not
harm their health and well-being;
(D) to ensure the right to health at the workplace
and to a healthy working environment, including freedom
from exposure to toxic substances;
(E) to guarantee the right of all workers to equal
protection, including freedom from discrimination in
wages or working conditions, regardless of their
nationality, race, religion, age, or sex; and
(F) to guarantee humane standards of wages and
hours of work that take into account different levels
of national economic development, but provide for
improvement concurrently with gains in productivity.
(2) Environmental quality and protection.--In recognition
of the shared responsibility of the countries of the Western
Hemisphere as stewards responsible for, and their common
interest in, preserving and sustaining the Western Hemisphere's
natural habitat and resources over time, the principal
negotiating objectives of the United States with respect to
environmental quality and protection are--
(A) the protection of environmental quality and of
the integrity of ecosystems, as well as the maintenance
of scarce biological and physical resources, in the
conduct of international trade, commerce, and finance;
(B) the establishment of a process for the full and
public disclosure of the kinds, quantities, and risks
associated with toxic chemical and hazardous substance
discharges into the air, water, and land;
(C) the prevention of the export of toxic and
hazardous substances and products, such as carcinogens
and unsafe drugs, that are banned in the country of
origin;
(D) the prevention of the export of products
(except to the extent of remediation or repatriation
contracts that already exist) manufactured, extracted,
harvested, or grown under environmental conditions or
workplace safety and health conditions that undermine
counterpart standards, particularly those applicable to
the counterpart industry in the importing country or
the counterpart standards, in general, in the importing
country; and
(E) to require that industries within their
national borders reduce the amount and toxicity of
hazardous substances that they use, minimize the amount
and toxicity of wastes they generate, and demonstrate
publicly their use of best available technology for
pollution abatement in their production processes.
(3) Unfair trade practices.--In acknowledging different,
evolving comparative advantages among trading nations, but with
a view to distinguishing between acceptable and unacceptable means of
competition among trading nations, the principal negotiating objectives
of the United States with respect to unfair trade practices shall
include the adoption, as a principle, and in enforcement action that
the systematic denial or practical nullification of the protections
accorded worker rights and standards and environmental quality (within
the context of paragraphs (1) and (2)) as a means for any country or
its industries to gain competitive advantage in international trade,
commerce, and finance is an actionable unfair trade practice.
(4) Comprehensive dispute resolution.--The principal
negotiating objectives of the United States are to achieve a
process for the settlement of disputes that arise between or
among the signatories with respect to unfair trade practices,
including not only those involving commonly identified unfair
trade barriers, but unfair practices, within the context of the
negotiating objectives listed in paragraphs (1), (2), and (3)
involving the systematic denial or practical nullification of
worker rights and standards and failure to apply or enforce
standards relating to environmental quality or protection,
resulting in distortions to international trade, commerce, and
finance. Such a process shall include--
(A) notification by each signatory nation to the
other signatories regarding changes in law or practice
that will materially affect the agreement;
(B) provision, on a sequential basis and subject to
reasonable time limits, for consultation between or
among signatories, for mediation, and, if necessary,
for binding arbitration;
(C) the establishment of a multilateral commission,
with authority to investigate, adjudicate, issue
binding judgments, and take enforcement action, in a
timely manner regarding the issues in dispute pursuant
to subparagraph (B)--
(i) that consists of equal numbers of
experts from the signatory nations (with United
States experts being subject to the advice and
consent of the United States Senate), and
(ii) the chairmanship of which will be
filled by individuals who--
(I) are citizens of the respective
signatories,
(II) serve on a rotational basis
among the signatories for 2-year terms,
except that no individual may serve in
such office for more than one term, and
(III) are appointed to such office
by the respective chief executive
officers of the signatories (and any
chairperson appointed from the United
States is subject to the advice and
consent of the United States);
(D) provision for the multilateral commission, in
its proceedings and deliberations, to consult with a
wide array of representative organizations, in addition
to government agencies, with expertise in labor,
environmental, agricultural, and scientific matters in
each of the signatory nations;
(E) provision for the multilateral commission to
enforce its judgments, as appropriate, by authorizing
an aggrieved signatory nation to--
(i) suspend, withdraw, or prevent the
application of the benefits of trade agreement
concessions to carry out any trade agreement
entered into pursuant to the FTAA with the
offending signatory nation,
(ii) impose proportionate duties on
specific products, companies, or industries, or
other offsetting import restrictions on the
goods of, and offsetting fees or restrictions
on the services of, the offending signatory
nation for such time as the multilateral
commission determines, or
(iii) enter into binding agreements with
the offending signatory nation that commit such
nation to--
(I) eliminate, or phase out, the
act, policy, or practice that
constitutes an unfair trade practice
and that is the subject of the action
to be taken under clause (i) or (ii),
(II) eliminate any burden or
restriction on Western Hemisphere
trade, as defined in the FTAA,
resulting from such unfair trade
practice,
(III) provide the aggrieved
signatory nation with compensatory
trade benefits that are satisfactory to
the multilateral commission and meet
the requirements of subparagraph (F),
or
(IV) enter into debt-for-science
exchanges, or similar arrangements, as
appropriate, that are satisfactory to
the multilateral commission and that
serve, as potential funding sources for
remedies recommended under paragraph
(5), to ameliorate the issues in
dispute pursuant to subparagraph (B);
(F) provision that any binding agreement described
in subparagraph (E)(iii)(III) provide compensatory
trade benefits (including, but not limited to,
appropriate fees on trans-border movements of products,
services, or capital) that benefit the economic sector
which includes the domestic industry in the aggrieved
signatory nation that would benefit from the
elimination of the act, policy, or practice that
constitutes an unfair trade practice and that is the
subject of the action to be taken under subparagraph
(E), or benefit the economic sector within the
aggrieved signatory nation as closely related as
possible to such sector, unless--
(i) the provision of such trade benefits is
not feasible, or
(ii) trade benefits that benefit any other
economic sector within the aggrieved signatory
nation would be clearly and substantially more
satisfactory than such trade benefits;
(G) provision for the multilateral commission, in
taking action against unfair trade practices, as
defined in the FTAA, to avoid diminishing higher
protections accorded worker rights and standards and
environmental quality and protection and to give
preference to the prompt elimination of the act,
policy, or practice at issue over--
(i) the imposition of duties or other
offsetting import restrictions or compensatory
trade benefits, or
(ii) the entering into of debt relief
arrangements described in subparagraph
(E)(iii)(IV);
(H) provision for the government of any signatory
nation or any informed person within a signatory nation
to file a petition requesting the multilateral
commission to take action under subparagraph (E)
against any unfair trade practice, including the
systematic denial or practical nullification of worker
rights and standards and failure to apply or enforce
standards relating to environmental quality or
protection (referred to in paragraphs (1) and (2)), and
setting forth the allegations in support of the request
in public hearings and written testimony; and
(I) provision for the proceedings, record, and
decisions (along with the supporting rationale) of the
multilateral commission to be made public information.
SEC. 3. INTERAGENCY COMMITTEE.
(a) Establishment.--In the event of the establishment of a
multilateral Commission described in paragraph (4) of section 2, the
Director of the Office of Science and Technology Policy shall
establish, through the Federal Coordinating Council for Science,
Engineering, and Technology, an interagency committee to provide
technical assistance, advice, and recommendations to United States
experts on the multilateral commission. The interagency committee shall
include one representative from each of the following agencies:
(1) The National Science Foundation.
(2) The Environmental Protection Agency.
(3) Department of Labor.
(4) The Department of the Interior.
(5) The Department of Agriculture.
(6) The Department of Energy.
(7) The National Institute of Standards and Technology.
(8) The Department of Justice.
(b) Specific Functions.--In addition to the general functions
referred to in subsection (a), the interagency committee established
under such subsection shall evaluate the scientific and technological
aspects of certain disputes brought before the multilateral commission
that pertain to environmental quality and protection and to workplace
safety and health, and shall determine if violations related to the
disputes reflect--
(1) inadequate or insufficient application of known
technologies and techniques for mitigation of the violations,
or
(2) need for additional research on, and the development
of, new technologies and techniques for mitigation of the
violations.
Consistent with paragraph (4)(G) of section 2, and after consultations
with State and local government officials and a wide array of
representative organizations with expertise in environmental, labor,
agricultural, and scientific matters, the interagency committee shall
recommend to the United States experts on the multilateral commission,
when appropriate, specific technological remedies to eliminate
violations or further research that is needed to develop scientific and
technological remedies.
SEC. 4. REQUIREMENTS FOR FUTURE TRADE AGREEMENTS PURSUANT TO THE FREE
TRADE AGREEMENT FOR THE AMERICAS AND ANY INTERIM
AGREEMENTS.
The authority of the President to enter into any trade agreement
under subsection (b) or (c) of section 1102 of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2902) after January 1, 1995, or
other authority provided by statute to enter into trade agreements
described in such subsections, may be exercised only if the trade
agreement contains provisions that require each party to the agreement
to--
(1) adopt and enforce laws to afford to workers in that
country (including any designated zone in that country) worker
rights and standards described in paragraph (1) of section 2;
(2) adopt and enforce laws to promote respect for
environmental quality and protection in that country (including
any designated zone in that country) described in paragraph (2)
of section 2;
(3) treat as actionable unfair trade practices the
systematic or practical nullification of the protection
accorded worker rights and standards and environmental quality
(within the context of paragraphs (1) and (2) of section 2) as
a means for any country or its industries to gain competitive
advantage in international trade, commerce, or finance; and
(4) comply with the procedures, binding rulings, and
enforcement actions of the dispute resolution mechanism
developed pursuant to paragraph (4) of section 2. | Fair International Standards in Trade for the Americas Act of 1995 (sic) - States that the purposes and objectives of any free-trade area trade agreement in furtherance of the proposed Free Trade Agreement for the Americas include the following principal negotiating objectives: (1) specified worker rights, standards and protection; (2) environmental quality and protection; (3) identification of the systematic denial or practical nullification of worker rights and environmental quality as unfair trade practices; and (4) a comprehensive dispute resolution process meeting specified requirements.
Instructs the Director of the Office of Science and Technology Policy to establish an interagency committee to provide technical consultation services if a multilateral commission is established for comprehensive dispute resolution.
States that the President's authority to enter into free-trade area trade agreements may be exercised only if such agreements reflect the provisions of this Act. | {"src": "billsum_train", "title": "Fair International Standards in Trade for the Americas Act of 1995"} | 2,870 | 176 | 0.431211 | 1.360018 | 0.875783 | 3.375758 | 17.078788 | 0.951515 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Contractor Tax Fairness
Act of 1995''.
SEC. 2. CLARIFICATION OF EMPLOYMENT STATUS OF CERTAIN INDIVIDUALS;
CODIFICATION OF SECTION 530 SAFE HARBOR RULES.
(a) General Rule.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions applicable to employment taxes) is
amended by adding at the end the following new section:
``SEC. 3510. DETERMINATION OF EMPLOYMENT STATUS.
``(a) Certain Individuals Not Treated As Employees.--
``(1) In general.--For purposes of this title, in the case
of an individual who meets the requirements of one of the
subparagraphs of paragraph (2) and who performs services
pursuant to a qualified agreement--
``(A) such individual shall not be treated as an
employee, and
``(B) the person for whom such services are
performed (hereafter in this subsection referred to as
the `service-recipient') shall not be treated as an
employer.
``(2) Requirements.--
``(A) Realization of profit or loss.--An individual
meets the requirements of this subparagraph if the
individual can realize a profit or loss as a result of
the individual's services (in addition to the profit or
loss ordinarily realized by employees) performed for
the service-recipient.
``(B) Separate principal place of business.--An
individual meets the requirements of this subparagraph
if the individual--
``(i) maintains his principal place of
business other than at a place of business of
the service-recipient, and
``(ii) has a significant investment in
facilities or tools which are used by such
individual to perform services of the type
performed for the service-recipient and which
are not typically maintained by employees.
``(C) Making services available to the general
public.--An individual meets the requirements of this
subparagraph if--
``(i) the services performed by the
individual for the service-recipient are made
available to the general public on a regular
and consistent basis, and
``(ii) the individual has performed such
services other than as an employee (determined
without regard to this subparagraph) for at
least 1 other service-recipient during such
year or the preceding calendar year.
``(D) Paid on commission basis, etc.--An individual
meets the requirements of this subparagraph if--
``(i) the individual is paid exclusively on
a commission basis, and
``(ii)(I) maintains his principal place of
business other than at a place of business of
the service-recipient, or
``(II) pays fair market rental value for
his principal place of business if such place
is at a place of business of the service-
recipient.
``(3) Qualified agreement.--For purposes of this
subsection, the term `qualified agreement' means a written
agreement--
``(A) which specifies the services to be provided,
the duration those services are to be provided, and the
remuneration to be paid for those services,
``(B) which specifies that--
``(i) the service provider reasonably
believes that such provider meets the
requirements under this section for being
treated not as an employee with respect to such
services and will not be treated by the
service-recipient as an employee with respect
to such services for Federal tax purposes, and
``(ii) the service provider is aware of the
Federal tax obligations resulting from such
treatment, and
``(C) which specifies that the service-recipient
will maintain a separate accounting of the income and
expenses related to such agreement.
``(4) Consequence of failing to meet test.--Failure to meet
the requirements of this subsection shall not be construed as
indicating that an individual is an employee of the service-
recipient for purposes of this title.
``(b) Termination of Certain Employment Tax Liability.--
``(1) In general.--If--
``(A) for purposes of employment taxes, the
taxpayer did not treat an individual as an employee for
any period, and
``(B) in the case of periods after December 31,
1978, all Federal tax returns (including information
returns) required to be filed by the taxpayer with
respect to such individual for such period are filed on
a basis consistent with the taxpayer's treatment of
such individual as not being an employee,
then for purposes of applying such taxes for such period with
respect to the taxpayer, the individual shall be deemed not to
be an employee unless the taxpayer had no reasonable basis for
not treating such individual as an employee.
``(2) Statutory standards providing one method of
satisfying the requirements of paragraph (1).--For purposes of
paragraph (1), a taxpayer shall in any case be treated as
having a reasonable basis for not treating an individual as an
employee for a period if the taxpayer's treatment of such
individual for such period was in reasonable reliance on any of
the following:
``(A) Judicial precedent, published rulings,
technical advice with respect to the taxpayer, or a
letter ruling to the taxpayer.
``(B) A past Internal Revenue Service audit of the
taxpayer in which there was no assessment attributable
to the treatment (for employment tax purposes) of the
individuals holding positions substantially similar to
the position held by this individual.
``(C) Long-standing recognized practice of a
significant segment of the industry in which such
individual was engaged.
``(3) Subsequent treatment by taxpayer of individual as an
employee.--If--
``(A) an individual is deemed not to be an employee
of the taxpayer under paragraph (1) for any prior
period, and
``(B) such individual is treated by the taxpayer as
an employee for employment tax purposes for any
subsequent period,
then, notwithstanding paragraph (1), for purposes of applying
such taxes for such prior period with respect to the taxpayer,
the individual shall be deemed not to be an employee.
``(4) Prospective termination of prior audit safe harbor.--
``(A) In general.--If, after an employment tax
audit (and after providing the taxpayer an opportunity
for an appeal within the Internal Revenue Service), the
taxpayer is notified in writing by the Internal Revenue
Service that an individual (or individuals holding
substantially similar positions) should be treated as
employees for purposes of the employment taxes,
paragraph (2)(B) shall not apply with respect to such
individuals for any calendar month beginning more than
180 days after the date such notice is sent. The
preceding sentence shall not apply if the audit
referred to paragraph (2)(B) included an examination
for employment tax purposes of individuals holding
positions substantially similar to the positions held
by the individual involved.
``(B) Employment tax audit.--For purposes of
subparagraph (A), the term `employment tax audit' means
any audit by the Internal Revenue Service which--
``(i) was conducted solely for employment
tax purposes, and
``(ii) included an examination for
employment tax purposes of individuals holding
positions substantially similar to the
positions held by the individual involved.
``(5) Clarification of significant segment of industry.--In
no event shall the `significant segment' requirement under
paragraph (2)(C) be interpreted to require a showing of the
practice of more than 25 percent of an industry. In applying
the preceding sentence, the Secretary shall allow taxpayers
maximum latitude in determining which industry is the
appropriate industry for purposes of applying such paragraph to
the taxpayer.
``(c) Definitions.--For purposes of this section--
``(1) Employment tax.--The term `employment tax' means any
tax imposed by this subtitle.
``(2) Employment status.--The term `employment status'
means the status of an individual, under the usual common law
rules applicable in determining the employer-employee
relationship, as an employee or as an independent contractor
(or other individual who is not an employee).''
(b) Rules To Apply for Income Tax Purposes.--Part I of subchapter B
of chapter 1 of such Code is amended by adding at the end the following
new section:
``SEC. 69. DETERMINATION OF EMPLOYMENT STATUS.
``For purposes of this subtitle, an individual shall not be treated
as an employee of a person for any period if, under the rules of
section 3510, such individual is treated as not being an employee of
such person for such period.''
(c) Conforming Amendment.--Section 530 of the Revenue Act of 1978
is hereby repealed.
(d) Clerical Amendments.--
(1) The table of sections for chapter 25 of such Code is
amended by adding at the end the following new item:
``Sec. 3510. Determination of employment
status.''
(2) The table of sections for part I of subchapter B of
chapter 1 of such Code is amended by adding at the end the
following new item:
``Sec. 69. Determination of employment
status.''
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect beginning on
the first day of the first calendar year beginning after the
date of the enactment of this Act.
(2) Repeal of section 530.--The amendment made by
subsection (c) shall apply to periods in calendar years
beginning after the date of the enactment of this Act.
(3) Consistency rules.--In determining whether the
requirements of subsection (b)(1)(B) of section 3510 of the
Internal Revenue Code of 1986 (as added by subsection (a)) are
met with respect to any individual described in section 530(d)
of the Revenue Act of 1978 (as in effect on the day before the
date of the enactment of this Act), there shall be disregarded
any period for which such individual (or any other individual
holding a substantially similar position) was treated as an
employee by reason of such section 530(d).
SEC. 3. COMPLIANCE PROVISIONS.
(a) Increase in Penalty on Service-Recipient for Failure To Furnish
Form 1099's to Independent Contractors.--
(1) In general.--Section 6722 of the Internal Revenue Code
of 1986 (relating to failure to file correct payee statements)
is amended by adding at the end the following new subsection:
``(d) Increase in Penalty With Respect to Statements for
Services.--In the case of any statement required by section 6041(d) or
section 6041A(e) to show payments for services, subsection (a) shall be
applied by substituting `$75' for `$50' and subsection (c) shall be
applied by substituting `$125' for `$100'.''
(2) Effective date.--The amendment made by paragraph (1)
shall apply to statements the due date for which (determined
without regard to extensions) is after December 31, 1996.
(b) Separate Listing of Payments Reported on Form 1099's.--The
Secretary of the Treasury or his delegate shall modify the forms for
returns of income tax so as to require the reporting for information
purposes on a separate line of each amount for which the taxpayer
received a statement under section 6041(d) or section 6041A(e) showing
payments for services.
(c) Information to Service-Recipients With Respect to Independent
Contractors.--The Secretary of the Treasury or his delegate shall take
such steps as the Secretary determines appropriate to inform service-
recipients of--
(1) their obligations with respect to independent
contractors,
(2) the modifications made by this Act in the rules for
determining whether or not an individual is an employee, and
(3) the increase made by this Act in the penalties for
failures to furnish correct statements required by sections
6041(d) and section 6041A(e) of the Internal Revenue Code of
1986.
SEC. 4. DEPARTMENT OF THE TREASURY REQUIRED TO PROPOSE LEGISLATION.
Not later than the date which is 180 days after the date of the
enactment of this Act, the Secretary of the Treasury or his delegate
shall submit a report to the Congress proposing legislation which
specifies objectively measurable criteria for determining whether an
individual (not otherwise treated as not being an employee under
section 3508 or 3510(a) of the Internal Revenue Code of 1986) is an
employee for purposes of such Code. It is the intent of the Congress
that such criteria allow taxpayers maximum latitude in determining
employment status.
SEC. 5. REPORT ON LATITUDE GIVEN TAXPAYERS IN DETERMINING EMPLOYMENT
STATUS.
Not later than the date which is 1 year after the date of the
enactment of this Act, the Secretary of the Treasury or his delegate
shall submit a report to the Congress detailing the efforts being made
by the Department of the Treasury in giving taxpayers maximum latitude
in determining employment status under section 3510 of the Internal
Revenue Code of 1986. | Independent Contractor Tax Fairness Act of 1995 - Amends the Internal Revenue Code to provide for determining the employment status of individuals as employees for purposes of employment taxes. Requires a written qualified agreement in order for an individual who performs services for another (the service-recipient) to not be treated as an employee and sets forth the following conditions, of which at least one must be met, for the individual to not be treated as an employee and the service-recipient to not be treated as an employer: (1) the individual can realize a profit or loss as a result of services performed for the service-recipient; (2) the individual maintains a separate principal place of business and has a significant investment in facilities or tools, which are not typically maintained by employees, used to perform services; (3) the services performed by the individual are available to the general public and the individual has performed such services other than as an employee for at least one other service-recipient during the year or the preceding calendar year; or (4) the individual is paid exclusively on a commission basis and maintains his or her principal place of business other than at the service recipient's place of business or pays fair market rental value for his or her principal place of business if such place is the service-recipient's place of business. Requires the qualified agreement to specify, among other things: (1) which services will be provided, the duration of such services, and the remuneration to be paid for such services; (2) that the service provider is aware of his or her Federal tax obligations; and (3) that the service-recipient will maintain a separate accounting of the income and expenses related to such agreement.
Codifies section 530 of the Revenue Act of 1978, with revisions.
Increases the penalty on service-recipients for failure to furnish information returns on services performed by independent contractors.
Requires the Secretary of the Treasury to propose legislation to the Congress which specifies objectively measurable criteria for determining whether an individual is an employee. Declares the intent of the Congress that such criteria allow taxpayers maximum latitude in determining employment status.
Requires the Secretary to report to the Congress on efforts being made to give taxpayers such latitude. | {"src": "billsum_train", "title": "Independent Contractor Tax Fairness Act of 1995"} | 2,922 | 483 | 0.688228 | 2.063779 | 0.799657 | 3.53653 | 6.09589 | 0.938356 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delaware River Protection Act of
2005''.
SEC. 2. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO
THE NAVIGABLE WATERS OF THE UNITED STATES.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is
amended by adding at the end the following:
``SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO
THE NAVIGABLE WATERS OF THE UNITED STATES.
``(a) Requirement.--As soon as a person has knowledge of any
release from a vessel or facility into the navigable waters of the
United States of any object that creates an obstruction prohibited
under section 10 of the Act of March 3, 1899, popularly known as the
Rivers and Harbors Appropriations Act of 1899 (chapter 425; 33 U.S.C.
403), such person shall notify the Secretary and the Secretary of the
Army of such release.
``(b) Restriction on Use of Notification.--Any notification
provided by an individual in accordance with subsection (a) shall not
be used against such individual in any criminal case, except a
prosecution for perjury or for giving a false statement.''.
SEC. 3. LIMITS ON LIABILITY.
(a) Adjustment of Liability Limits.--
(1) Tank vessels.--Section 1004(a)(1) of the Oil Pollution
Act of 1990 (33 U.S.C. 2704(a)(1)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (C);
(B) by striking subparagraph (A) and inserting the
following:
``(A) with respect to a single-hull vessel,
including a single-hull vessel fitted with double sides
only or a double bottom only--
``(i) $1,550 per gross ton for an incident
that occurs in 2005;
``(ii) $1,900 per gross ton for an incident
that occurs in 2006; or
``(iii) $2,250 per gross ton for an
incident that occurs in 2007 or in any year
thereafter; or
``(B) with respect to a double-hull vessel (other
than any vessel referred to in subparagraph (A))--
``(i) $1,350 per gross ton for an incident
that occurs in 2005;
``(ii) $1,500 per gross ton for an incident
that occurs in 2006; and
``(iii) $1,700 per gross ton for any
incident that occurs in 2007 or in any year
thereafter; or''; and
(C) in subparagraph (C), as redesignated by
subparagraph (A) of this paragraph--
(i) in clause (i) by striking
``$10,000,000'' and inserting ``$14,000,000'';
and
(ii) in clause (ii) by striking
``$2,000,000'' and inserting ``$2,500,000''.
(2) Limitation on application.--In the case of an incident
occurring before the date of the enactment of this Act, section
1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C.
2704(a)(1)) shall apply as in effect immediately before the
effective date of this subsection.
(b) Adjustment to Reflect Consumer Price Index.--Section 1004(d)(4)
of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is amended to
read as follows:
``(4) Adjustment to reflect consumer price index.--The
President shall, by regulations issued no later than 3 years
after the date of the enactment of the Delaware River
Protection Act of 2005 and no less than every 3 years
thereafter, adjust the limits on liability specified in
subsection (a) to reflect significant increases in the Consumer
Price Index.''.
SEC. 4. REQUIREMENT TO UPDATE PHILADELPHIA AREA CONTINGENCY PLAN.
The Philadelphia Area Committee established under section
311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(4)) shall, by not later than 12 months after the date of the
enactment of this Act and not less than annually thereafter, review and
revise the Philadelphia Area Contingency Plan to include available data
and biological information on environmentally sensitive areas of the
Delaware River and Delaware Bay that has been collected by Federal and
State surveys.
SEC. 5. SUBMERGED OIL REMOVAL.
(a) Amendments.--Title VII of the Oil Pollution Act of 1990 is
amended--
(1) in section 7001(c)(4)(B) (33 U.S.C. 2761(c)(4)(B)) by
striking ``RIVERA,'' and inserting ``RIVERA and the T/V ATHOS
I;''; and
(2) by adding at the end the following:
``SEC. 7002. SUBMERGED OIL PROGRAM.
``(a) Program.--
``(1) Establishment.--The Undersecretary of Commerce for
Oceans and Atmosphere, in conjunction with the Commandant of
the Coast Guard, shall establish a program to detect, monitor,
and evaluate the environmental effects of submerged oil. Such
program shall include the following elements:
``(A) The development of methods to remove,
disperse or otherwise diminish the persistence of
submerged oil.
``(B) The development of improved models and
capacities for predicting the environmental fate,
transport, and effects of submerged oil.
``(C) The development of techniques to detect and
monitor submerged oil.
``(2) Report.--The Secretary of Commerce shall, no later
than 3 years after the date of the enactment of the Delaware
River Protection Act of 2005, submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Environment and Public
Works of the Senate a report on the activities carried out
under this subsection and activities proposed to be carried out
under this subsection.
``(3) Funding.--There is authorized to be appropriated to
the Secretary of Commerce $1,000,000 for each of fiscal years
2006 through 2010 to carry out this subsection.
``(b) Demonstration Project.--
``(1) Removal of submerged oil.--The Commandant of the
Coast Guard, in conjunction with the Undersecretary of Commerce
for Oceans and Atmosphere, shall conduct a demonstration
project for the purpose of developing and demonstrating
technologies and management practices to remove submerged oil
from the Delaware River and other navigable waters.
``(2) Funding.--There is authorized to be appropriated to
the Commandant of the Coast Guard $2,000,000 for each of fiscal
years 2006 through 2010 to carry out this subsection.''.
(b) Clerical Amendment.--The table of sections in section 2 of such
Act is amended by inserting after the item relating to section 7001 the
following:
``Sec. 7002. Submerged oil program.''.
SEC. 6. DELAWARE RIVER AND BAY OIL SPILL ADVISORY COMMITTEE.
(a) Establishment.--There is established the Delaware River and Bay
Oil Spill Advisory Committee (in this section referred to as the
``Committee'').
(b) Functions.--
(1) In general.--The Committee shall, by not later than 1
year after the date the Commandant of the Coast Guard (in this
section referred to as the ``Commandant'') completes
appointment of the members of the Committee, make
recommendations to the Commandant, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate on methods to improve the
prevention of and response to future oil spills in the Delaware
River and Delaware Bay.
(2) Meetings.--The Committee--
(A) shall hold its first meeting not later than 60
days after the completion of the appointment of the
members of the Committee; and
(B) shall meet thereafter at the call of the
Chairman.
(c) Membership.--The Committee shall consist of 15 members who have
particular expertise, knowledge, and experience regarding the
transportation, equipment, and techniques that are used to ship cargo
and to navigate vessels in the Delaware River and Delaware Bay, as
follows:
(1) Three members who are employed by port authorities that
oversee operations on the Delaware River or have been selected
to represent these entities, of whom--
(A) one member must be an employee or
representative of the Port of Wilmington;
(B) one member must be an employee or
representative of the South Jersey Port Corporation;
and
(C) one member must be an employee or
representative of the Philadelphia Regional Port
Authority.
(2) Two members who represent organizations that operate
tugs or barges that utilize the port facilities on the Delaware
River and Delaware Bay.
(3) Two members who represent shipping companies that
transport cargo by vessel from ports on the Delaware River and
Delaware Bay.
(4) Two members who represent operators of oil refineries
on the Delaware River and Delaware Bay.
(5) Two members who represent environmental and
conservation interests.
(6) Two members who represent State-licensed pilots who
work on the Delaware River and Delaware Bay.
(7) One member who represents labor organizations that load
and unload cargo at ports on the Delaware River and Delaware
Bay.
(8) One member who represents the general public.
(d) Appointment of Members.--The Commandant shall appoint the
members of the Committee, after soliciting nominations by notice
published in the Federal Register.
(e) Chairman and Vice Chairman.--The Committee shall elect, by
majority vote at its first meeting, one of the members of the Committee
as the Chairman and one of the members as the Vice Chairman. The Vice
Chairman shall act as Chairman in the absence of or incapacity of the
Chairman, or in the event of vacancy in the Office of the Chairman.
(f) Pay and Expenses.--
(1) Prohibition on pay.--Members of the Committee who are
not officers or employees of the United States shall serve
without pay. Members of the Committee who are officers or
employees of the United States shall receive no additional pay
on account of their service on the Committee.
(2) Expenses.--While away from their homes or regular
places of business, members of the Committee may be allowed
travel expenses, including per diem, in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code.
(g) Termination.--The Committee shall terminate one year after the
completion of the appointment of the members of the Committee.
SEC. 7. MARITIME FIRE AND SAFETY ACTIVITIES.
The Maritime Transportation Security Act of 2002 (Public Law 107-
295) is amended--
(1) in section 407--
(A) in the heading by striking ``lower columbia
river''; and
(B) by striking ``$987,400'' and inserting
``$1,500,000''; and
(2) in the table of contents in section 1(b) by striking
the item relating to section 407 and inserting the following:
``Sec. 407. Maritime fire and safety activities.''.
Passed the House of Representatives June 27, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Delaware River Protection Act of 2005 - (Sec. 2) Amends the Ports and Waterways Safety Act to require any person who knows of a release from a vessel or facility of any object that creates an obstruction in the navigable waters of the United States to notify the Secretary of the department in which the Coast Guard is operating and the Secretary of the Army.
(Sec. 3) Amends the Oil Pollution Act of 1990 to gradually increase liability limits associated with oil spills for single-hull and double-hull tank vessels and other type tank vessels.
(Sec. 4) Requires the Philadelphia Area Committee to review and revise annually the Philadelphia Area Contingency Plan (a plan to remove a worst case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near an area) to include available data and biological information on environmentally sensitive areas of the Delaware River and Delaware Bay that has been collected by federal and state surveys.
(Sec. 5) Establishes the submerged oil program to detect, monitor, and evaluate the environmental effects of submerged oil. Directs the Commandant of the Coast Guard to conduct a demonstration project to develop and demonstrate technologies and management practices to remove submerged oil from the Delaware River and other navigable waters. Authorizes appropriations for FY2006-FY2010.
(Sec. 6) Establishes the Delaware River and Bay Oil Spill Advisory Committee to make recommendations to the Commandant and Congress on methods to improve the prevention of and response to future oil spills in the Delaware River and Delaware Bay. | {"src": "billsum_train", "title": "To amend the Ports and Waterways Safety Act to require notification of the Coast Guard regarding obstructions to navigation, and for other purposes."} | 2,571 | 359 | 0.558695 | 1.739655 | 0.713896 | 4.183007 | 7.349673 | 0.895425 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``401Kids Family Savings Act of
2013''.
SEC. 2. CONVERSION OF COVERDELL EDUCATION SAVINGS ACCOUNTS TO 401KIDS
SAVINGS ACCOUNTS.
(a) In General.--Section 530 of the Internal Revenue Code of 1986
is amended by striking ``Coverdell education savings account'' each
place it appears in subsection (a), subsection (b)(1), subsection
(b)(4), subsection (d)(4)(A), subsection (d)(5), subsection (d)(6),
subsection (d)(9), and subsection (h), and inserting ``401Kids savings
account''.
(b) Conforming Amendments.--
(1) The heading of section 530 of the Internal Revenue Code
of 1986 is amended by striking ``coverdell education savings
accounts'' and inserting ``401kids savings accounts''.
(2) The heading of paragraph (1) of section 530(b) of such
Code is amended by striking ``Coverdell education savings
account'' and inserting ``401Kids savings account''.
(3) Section 26(b)(2)(E) of such Code is amended by striking
``Coverdell education savings accounts'' and inserting
``401Kids savings accounts''.
(4) Section 72(e)(9) of such Code is amended by striking
``Coverdell education savings account'' and inserting ``401Kids
savings account''.
(5) The heading of paragraph (9) of section 72(e) of such
Code is amended by striking ``Coverdell education savings
accounts'' and inserting ``401Kids savings accounts''.
(6) Section 135(c)(2)(C) of such Code is amended by
striking ``Coverdell education savings account'' and inserting
``401Kids savings account''.
(7) The heading of subparagraph (C) of section 135(c)(2) of
such Code is amended by striking ``Coverdell education savings
accounts'' and inserting ``401Kids savings accounts''.
(8) Section 408A(e)(2)(A)(ii) of such Code is amended by
striking ``Coverdell education savings account'' and inserting
``401Kids savings account''.
(9) The heading of clause (vi) of section 529(c)(3)(B) of
such Code is amended by striking ``Coverdell education savings
accounts'' and inserting ``401Kids savings accounts''.
(10) Section 529(c)(6) of such Code is amended by striking
``Coverdell education savings account'' and inserting ``401Kids
savings account''.
(11) Section 877A(e)(2) of such Code is amended by striking
``Coverdell education savings account'' and inserting ``401Kids
savings account''.
(12) Section 4973(a)(4) of such Code is amended by striking
``Coverdell education savings account'' and inserting ``401Kids
savings account''.
(13) Section 4973(e)(1) of such Code is amended by striking
``Coverdell education savings accounts'' and inserting
``401Kids savings accounts''.
(14) Section 4973(e)(2)(A) of such Code is amended by
striking ``Coverdell education savings account'' and inserting
``401Kids savings account''.
(15) The heading of subsection (e) of section 4973 of such
Code is amended by striking ``Coverdell Education Savings
Accounts'' and inserting ``401Kids Savings Accounts''.
(16) Section 4975(c)(5) of such Code is amended by striking
``Coverdell education savings account'' and inserting ``401Kids
savings account''.
(17) The heading of paragraph (5) of section 4975(c) of
such Code is amended by striking ``Coverdell education savings
accounts'' and inserting ``401Kids savings accounts''.
(18) Section 4975(e)(1)(F) of such Code is amended by
striking ``Coverdell education savings account'' and inserting
``401Kids savings account''.
(19) Section 6693(a)(2)(E) of such Code is amended by
striking ``Coverdell education savings accounts'' and inserting
``401Kids savings accounts''.
(20) The heading of part VIII of subchapter F of chapter 1
of such Code is amended by striking ``higher education
savings'' and inserting ``education and children's savings''.
(c) Clerical Amendments.--
(1) The item relating to part VIII in the table of parts
for subchapter F of chapter 1 of the Internal Revenue Code of
1986 is amended to read as follows:
``Part VIII. Education and Children's Savings Entities''.
(2) The table of sections for part VIII of subchapter F of
chapter 1 of such Code is amended by striking the item relating
to section 530 and inserting the following new item:
``Sec. 530. 401Kids savings accounts.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. QUALIFIED DISTRIBUTIONS FOR FIRST HOME PURCHASES.
(a) In General.--Paragraph (1) of section 530(b) of the Internal
Revenue Code of 1986 is amended by striking ``qualified education
expenses'' and inserting ``qualified expenses''.
(b) Qualified Expenses.--Subsection (b) of section 530 of the
Internal Revenue Code of 1986 is amended by redesignating paragraphs
(2), (3), and (4) as paragraphs (4), (5), and (6), respectively, and by
inserting after paragraph (1) the following new paragraphs:
``(2) Qualified expenses.--The term `qualified expenses'
means--
``(A) qualified first-time homebuyer expenses, and
``(B) qualified education expenses.
``(3) Qualified first-time homebuyer expenses.--
``(A) In general.--The term `qualified first-time
homebuyer expenses' means, in the case of a designated
beneficiary who is a first-time homebuyer, the
qualified acquisition costs with respect to a principal
residence of such beneficiary.
``(B) Definitions.--The terms `first-time
homebuyer', `qualified acquisition costs', and
`principal residence' have the same meaning as when
used in section 72(t)(8).''.
(c) Conforming Amendments.--
(1) Paragraph (4)(A)(ii) (as redesignated by subsection
(b)) of section 530(b) of the Internal Revenue Code of 1986 is
amended by striking ``as defined in paragraph (3)'' and
inserting ``as defined in paragraph (5)''.
(2) Subparagraphs (A), (B), and (D) of section 530(d)(1) of
such Code are each amended by striking ``qualified education
expenses'' each place it appears and inserting ``qualified
expenses''.
(3) The heading of paragraph (2) of section 530(d) of such
Code is amended by striking ``education expenses'' and
inserting ``expenses''.
(4) The heading of paragraph (4) of section 530(d) of such
Code is amended by striking ``educational expenses'' and
inserting ``expenses''.
(5) Subclause (I) of section 529(c)(3)(B)(vi) of such Code
is amended by striking ``to which clauses (i) and (ii) and
section 530(d)(2)(A) apply'' and inserting ``for qualified
higher education expenses to which clauses (i) and (ii) apply
and for qualified education expenses to which section
530(d)(2)(A) applies''.
(6) Clause (vi) of section 529(c)(3)(B) of such Code is
amended by striking ``and section 530(d)(2)(A).'' and inserting
``and the amount of the exclusion with respect to qualified
education expenses under section 530(d)(2)(A).''.
(d) Effective Date.--The amendments made by this section shall
apply to distributions made in taxable years beginning after the date
of the enactment of this Act.
SEC. 4. QUALIFIED ROLLOVER CONTRIBUTIONS FROM 401KIDS SAVINGS ACCOUNTS
TO ROTH IRAS.
(a) In General.--Paragraph (5) of section 530(d) of the Internal
Revenue Code of 1986 is amended by inserting ``, or into a Roth IRA of
the beneficiary'' after ``as of such date''.
(b) Conforming Amendment; Technical Correction.--Paragraph (1) of
section 408A(e) of the Internal Revenue Code of 1986 is amended to read
as follows:
``(1) In general.--The term `qualified rollover
contribution' means a rollover contribution to a Roth IRA from
another such account, from an eligible retirement plan (as
defined in section 402(c)(8)(B)), or from a 401Kids savings
account (as defined in section 530(b)(1)), but only if--
``(A) such rollover contribution meets the
requirements of section 408(d)(3),
``(B) in the case of a rollover contribution from
an eligible retirement plan described in clause (iii),
(iv), (v), or (vi) of section 402(c)(8)(B), such
contribution meets the requirements of section 402(c),
403(b)(8), or 457(e)(16), whichever is applicable, and
``(C) in the case of a rollover contribution from a
401Kids savings account, such contribution meets the
requirements of section 530(d)(5).
For purposes of section 408(d)(3)(B), there shall be
disregarded any qualified rollover contribution from an
individual retirement plan (other than a Roth IRA) to a Roth
IRA.''.
(c) Effective Date.--The amendments made by this section shall
apply to rollover contributions made in taxable years beginning after
the date of the enactment of this Act. | 401Kids Family Savings Act of 2013 - Amends the Internal Revenue Code to: (1) rename Coverdell education savings accounts as 401Kids savings accounts, (2) allow the use of such accounts to pay the acquisition costs of a first-time homebuyer, and (3) allow tax-free rollovers of amounts in a 401Kids savings account to a Roth individual retirement account (Roth IRA). | {"src": "billsum_train", "title": "401Kids Family Savings Act of 2013"} | 2,442 | 102 | 0.598947 | 1.34294 | 0.219033 | 2.386667 | 25.76 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemember Housing Protection Act
of 2012''.
SEC. 2. ENHANCEMENTS TO PROTECTIONS ACCORDED UNDER THE SERVICEMEMBERS
CIVIL RELIEF ACT.
(a) Protection of Surviving Spouse With Respect to Mortgage
Foreclosure.--
(1) In general.--Section 303 of the Servicemembers Civil
Relief Act (50 U.S.C. App. 533) is amended by adding at the end
the following new subsection:
``(e) Protection of Surviving Spouse.--With respect to a
servicemember who dies while in military service from a service-
connected cause and who has a surviving spouse who is the
servicemember's successor in interest to property covered under
subsection (a), this section shall apply to the surviving spouse with
respect to that property during the 9-month period beginning on the
date of such death in the same manner as if the servicemember had not
died.''.
(2) Effective date.--Subsection (e) of section 303 of the
Servicemembers Civil Relief Act, as added by paragraph (1),
shall apply to the surviving spouse of a servicemember whose
death occurs on or after the date of the enactment of this Act.
(b) Termination of Residential Leases.--
(1) In general.--Section 305 of such Act (50 U.S.C. App.
535) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(C) in the case of a lease described in
subsection (b)(1) and subparagraph (C) of such
subsection, the date the lessee is assigned to or
otherwise relocates to quarters or a housing facility
as described in such subparagraph.''; and
(B) in subsection (b)(1)--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(C) the lease is executed by or on behalf of a
person who thereafter and during the term of the lease
is assigned to or otherwise relocates to quarters of
the United States or a housing facility under the
jurisdiction of a uniformed service (as defined in
section 101 of title 37, United States Code), including
housing provided under the Military Housing
Privatization Initiative.''.
(2) Manner of termination.--Subsection (c)(1) of such
section is amended--
(A) in subparagraph (A)--
(i) by inserting ``in the case of a lease
described subsection (b)(1) and subparagraph
(A) or (B) of such subsection,'' before ``by
delivery''; and
(ii) by striking ``and'' at the end;
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) in the case of a lease described in
subsection (b)(1) and subparagraph (C) of such
subsection, by delivery by the lessee of written notice
of such termination, and a letter from the
servicemember's commanding officer indicating that the
servicemember has been assigned to or is otherwise
relocating to quarters of the United States or a
housing facility under the jurisdiction of a uniformed
service (as defined in section 101 of title 37, United
States Code), to the lessor (or the lessor's grantee),
or to the lessor's agent (or the agent's grantee);
and''.
(c) Definition of Military Orders and Continental United States for
Purposes of Act.--
(1) Transfer of definition.--Such Act is further amended by
transferring paragraphs (1) and (2) of section 305(i) (50
U.S.C. App. 535(i)) to the end of section 101 (50 U.S.C. App.
511) and redesignating those paragraphs as paragraphs (10) and
(11).
(2) Conforming amendments.--Such Act is further amended--
(A) in section 305 (50 U.S.C. App. 535), as amended
by paragraph (1), by striking subsection (i); and
(B) in section 705 (50 U.S.C. App. 595) by striking
``or naval'' both places it appears. | Servicemember Housing Protection Act of 2012 - Amends the Servicemembers Civil Relief Act to protect against a mortgage foreclosure or residential lease termination the surviving spouse who is the successor in interest to a servicemember who dies while in military service from a service-connected cause. Extends such protection for the nine-month period following the death of the servicemember.
Allows the termination of an existing lease by the lessee, without penalties, when the lessee is assigned to or otherwise relocates to federal quarters or military housing. Requires, in such case, the lessee to notify the lessor, which shall include a letter from the servicemember's commanding officer indicating such relocation. | {"src": "billsum_train", "title": "A bill to amend the Servicemembers Civil Relief Act to enhance the protections accorded to servicemembers and their spouses with respect to mortgages, and for other purposes."} | 1,105 | 154 | 0.616066 | 1.711498 | 0.907717 | 2.495935 | 7.707317 | 0.853659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Building Code
Administration Grant Act of 2008''.
SEC. 2. GRANT PROGRAM AUTHORIZED.
(a) Grant Authorization.--The Secretary of Housing and Urban
Development shall provide grants to local building code enforcement
departments.
(b) Competitive Awards.--The Secretary shall award grants under
subsection (a) on a competitive basis pursuant to the criteria set
forth in section 6, but also taking into consideration the following:
(1) The financial need of each building code enforcement
department.
(2) The benefit to the local jurisdiction of having an
adequately funded building code enforcement department.
(3) The demonstrated ability of each building code
enforcement department to work cooperatively with other local
code enforcement offices, health departments, and local
prosecutorial agencies.
(c) Maximum Amount.--The maximum amount of any grant awarded under
this section shall not exceed $1,000,000.
SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS.
In order to be eligible for a grant under section 2, a local
building code enforcement department shall submit to the Secretary the
following:
(1) A demonstration of the jurisdiction's needs in
executing building code enforcement administration.
(2) A plan for the use of any funds received under this Act
that addresses the needs discussed in paragraph (1) and that is
consistent with the authorized uses established in section 4.
(3) A plan for local governmental actions to be taken to
establish and sustain local building code enforcement
administration functions, without continuing Federal support,
at a level at least equivalent to that proposed in the grant
application.
(4) A plan to create and maintain a program of public
outreach that includes a regularly updated and readily
accessible means of public communication, interaction, and
reporting regarding the services and work of the local building
code enforcement department to be supported by the grant.
(5) A plan for ensuring the timely and effective
administrative enforcement of building safety and fire
prevention violations.
SEC. 4. USE OF FUNDS; MATCHING FUNDS.
(a) Authorized Uses.--Grants awarded under section 2 may be used by
the grant recipient to supplement existing State or local funding for
building code enforcement administration. Such funds may be used to
increase staffing, provide staff training, increase staff competence
and professional qualifications, support individual certification or
departmental accreditation, or for capital expenditures specifically
dedicated to the administration of the local building code enforcement
department.
(b) Additional Requirement.--Each local building code enforcement
department receiving a grant under section 2 shall empanel a code
administration and enforcement team consisting of at least 1 full-time
building code enforcement officer, a city planner, and a health planner
or similar officer.
(c) Matching Funds Required.--
(1) In general.--To be eligible to receive a grant under
this Act, a local building code enforcement department serving
an area with a population of--
(A) over 50,000 shall provide matching, non-Federal
funds in an amount equal to not less than 50 percent of
the total amount of any grant to be awarded under this
Act;
(B) between 20,001 and 50,000 shall provide
matching, non-Federal funds in an amount equal to not
less than 25 percent of the total amount of any grant
to be awarded under this Act; or
(C) under 20,000 shall provide matching, non-
Federal funds in an amount equal to not less than 12.5
percent of the total amount of any grant to be awarded
under this Act.
(2) Economic distress.--
(A) In general.--The Secretary may waive the
matching fund requirements under paragraph (1), and
institute, by regulation, new matching fund
requirements based upon the level of economic distress
of the local jurisdiction in which the local building
code enforcement department seeking such grant is
located.
(B) Content of regulations.--Any regulations
instituted under subparagraph (A) shall include--
(i) a method that allows for a comparison
of the degree of economic distress among the
local jurisdiction's of grant applicants, as
measured by the differences in the extent of
growth lag, the extent of poverty, and the
adjusted age of housing in such jurisdiction;
and
(ii) any other factor determined to be
relevant by the Secretary in assessing the
comparative degree of economic distress among
such local jurisdictions.
(d) In-Kind Contributions.--In determining the non-Federal share
required to be provided under subsection (c), the Secretary shall
consider in-kind contributions, not to exceed 50 percent of the amount
that the department contributes in non-Federal funds.
(e) Waiver of Matching Requirement.--The Secretary shall waive the
matching fund requirements under subsection (c) for any recipient
jurisdiction that has legislatively dedicated all building code
permitting fees to the conduct of local building code enforcement.
SEC. 5. RATING AND RANKING OF APPLICATIONS.
Eligible applications will be rated and ranked according to the
criteria described in section 6. All complete applications will be
compared to one another and points assigned on a continuum within each
criteria with the maximum points awarded to the application that best
meets the criteria.
SEC. 6. CRITERIA.
(a) Need and Community Benefit From Code Enforcement Grant Funds.--
The degree to which the application demonstrates the intent and means
to ensure cooperative and effective working relationships between local
building code enforcement officials and other local agencies, as well
as a community-oriented approach to building code enforcement.
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
A detailed description of the capital expenditures to be acquired with 0-10
grant funds and a demonstration that the items' costs are reasonable.
The jurisdiction's need for the capital expenditure and how the grant 0-10
funds will fulfill this need.
The joint benefits provided by the proposed expenditure for the 0-5
following groups or activities. Provide a brief explanation of the
benefit. (1 point will be awarded for each response, 5 points maximum).
1. Code enforcement program.
2. Community or jurisdiction.
3. Interdisciplinary code enforcement team.
4. Housing preservation, rehabilitation programs, or neighborhood
improvement programs.
5. Special needs groups (disabled, elderly or low or very-low income,
etc.).
Does the proposed capital expenditure provide a cost savings benefit to 0-5
the jurisdiction? Provide a brief explanation of the cost savings.
----------------------------------------------------------------------------------------------------------------
(b) Current Code Enforcement and Housing Conservation Plan.--Has
the local legislative body in which the applicant resides adopted a
``plan'' which addresses residential structure conservation and
building code enforcement? From the following list, select 1
description that best reflects such jurisdiction's ``plan'' for
building code enforcement activities. Points will be awarded as
follows:
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
The plan provides for proactive code enforcement (not just responding to 10
complaints), an interdisciplinary approach, and includes funding
options for repairs and rehabilitation.
The plan only provides for proactive code enforcement (not just 8
responding to complaints) and calls for an interdisciplinary approach
and does not address funding options for repairs and rehabilitation.
The plan provides for some type of proactive code enforcement (other 6
than just responding to complaints) but doesn't address coordinated
interdisciplinary activities with other local public agencies or
funding options.
The plan provides for only reactive code enforcement. 4
The plan only refers to a need to preserve and/or improve existing 2
housing stock, without any code enforcement program.
No existing plan. 0
----------------------------------------------------------------------------------------------------------------
(c) Community-Oriented or Interdisciplinary Code Enforcement.--The
degree to which the application demonstrates the intent and means to
ensure cooperative and effective working relationships between building
code enforcement officials and other local agencies, as well as a
community-oriented approach to code enforcement.
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
Identify current or proposed interdisciplinary code enforcement programs 0-10
or activities and the team members (example: code enforcement, police,
local prosecutors, health department, building and planning, fire,
etc.). Provide a description of the team's code enforcement and
coordination procedures, activities and services provided. If the
current programs or resources are limited in scope, explain how receipt
of the grant will be used to improve the program.
Identify current or proposed community-oriented code enforcement 0-10
programs, activities or services. (Examples: community clean-ups,
Neighborhood Watch programs, community meetings, door-to-door code
enforcement knock and talks, etc.). If the current programs or
resources are limited in scope, explain how receipt of the grant will
be used to improve the program.
----------------------------------------------------------------------------------------------------------------
(d) Proactive Code Enforcement Activities.--The effectiveness of
the proposed or existing proactive activities and programs operated by
any existing building code enforcement program. Describe such
activities or programs, include any of the following:
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
Encourages repairs and preservation, rather than demolition or 0-5
abandonment, of substandard residences.
Abatement of (a) lead hazards and lead-based paints, (b) toxic molds and 0-5
dampness, and (c) displacement or relocation of residents.
Community clean-up campaigns. This may include recycling dates, free or 0-5
reduced disposal rates at dumpsite, public clean-up days that encourage
removal of unwanted or excess debris by making available extra trash
pick-ups, dumpsites or trash/recycling containers on specific dates to
dispose of household debris, inoperable vehicles, tires, toxic
materials, etc.
Resource or referral programs for Federal, State, local, and private 0-5
funds and other resources available in your jurisdiction that can
assist with housing rehabilitation and repairs to rectify code
violations.
Public education programs on housing issues. These could include 0-5
community housing meetings dealing with homeownership, tenant/landlord
issues, housing code enforcement, school age children's programs with
coloring books or handouts, housing safety pamphlets, etc.
Programs that encourage community involvement with groups; such as 0-5.
schools, church non-profits, community service groups, utility
companies, local stores, housing agency banks, etc.
----------------------------------------------------------------------------------------------------------------
(e) Capacity To Financially and Technically Support Proposed
Capital Expenditures.--The degree to which the application demonstrates
the jurisdiction's financial and technical capacity to properly use and
successfully support the proposed capital expenditure during the term
of the grant.
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
The anticipated ongoing program funding for the duration of the grant 0-5
program is adequate to financially support the use of the grant-
financed equipment. Include details of funding and technical support
sources for the capital expenditure (examples: insurance, paper,
maintenance, training, supplies, personnel, monthly billing costs,
etc.).
The jurisdiction has the technical capabilities to use and support 0-5
equipment (examples: adequately trained staff or resources to provide
training to operate technical equipment, local service provider for
cell phones or 2-way radios, trained personnel to operate equipment,
etc.).
----------------------------------------------------------------------------------------------------------------
SEC. 7. EVALUATION AND REPORT.
(a) In General.--Grant recipients shall--
(1) be obligated to fully account and report for the use of
all grants funds; and
(2) provide a report to the Secretary on the effectiveness
of the program undertaken by the grantee and any other criteria
requested by the Secretary for the purpose of indicating the
effectiveness of, and ideas for, refinement of the grant
program.
(b) Report.--The report required under subsection (a)(2) shall
include a discussion of--
(1) the specific capabilities and functions in local
building code enforcement administration that were addressed
using funds received under this Act;
(2) the lessons learned in carrying out the plans supported
by the grant; and
(3) the manner in which the programs supported by the grant
are to be maintained by the grantee.
(c) Content of Reports.--The Secretary shall--
(1) require each recipient of a grant under ths Act to file
interim and final reports under subsection (b) to ensure that
grant funds are being used as intended and to measure the
effectiveness and benefits of the grant program; and
(2) develop and maintain a means whereby the public can
access such reports, at no cost, via the Internet.
SEC. 8. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Building code enforcement department.--The term
``building code enforcement department'' means the building
code inspection or enforcement agency of a local jurisdiction.
(2) Jurisdiction.--The term ``jurisdiction'' means a city,
county, parish, city and county authority, or city and parish
authority having local authority to enforce building codes and
regulations and collect fees for building permits.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$20,000,000 for each of fiscal years 2009 through 2013 to the Secretary
of Housing and Urban Development to carry out the provisions of this
Act.
(b) Reservation.--From the amount made available under subsection
(a), the Secretary may reserve not more than 5 percent for
administrative costs.
(c) Availability.--Any funds appropriated pursuant to subsection
(a) shall remain available until expended.
Passed the House of Representatives July 9, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Community Building Code Administration Grant Act of 2008 - Requires the Secretary of Housing and Urban Development to award $1 million grants, on a competitive basis and with federal matching funds, to qualified local building code enforcement departments to increase staffing, provide staff training, increase staff competence and professional qualifications, support individual certification or departmental accreditation, or for capital expenditures specifically dedicated to department administration.
Allows the Secretary to waive specified non-federal matching fund requirements and to institute new ones, by regulation, based upon the level of economic distress of the local jurisdiction in which the local building code enforcement department seeking such grant is located.
Sets forth criteria for rating and ranking of grant proposals.
Authorizes appropriations for FY2009-FY2013. | {"src": "billsum_train", "title": "To promote and enhance the operation of local building code enforcement administration across the country by establishing a competitive Federal matching grant program."} | 3,425 | 156 | 0.635752 | 1.76899 | 0.907535 | 4.464286 | 20.085714 | 0.935714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Healthcare Relief
Act''.
SEC. 2. EXCEPTION FROM GROUP HEALTH PLAN REQUIREMENTS TO ALLOW SMALL
BUSINESSES TO USE PRE-TAX DOLLARS TO ASSIST EMPLOYEES IN
THE PURCHASE OF HEALTH INSURANCE IN THE INDIVIDUAL
MARKET.
(a) Amendments to the Internal Revenue Code of 1986 and the Patient
Protection and Affordable Care Act.--
(1) In general.--Section 9831 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(d) Certain Individual Health Insurance Policies Obtained Through
Small Employers.--
``(1) In general.--The requirements of this chapter shall
not apply to any qualified small employer health reimbursement
arrangement.
``(2) Qualified small employer health reimbursement
arrangement.--For purposes of this subsection--
``(A) In general.--The term `qualified small
employer health reimbursement arrangement' means an
arrangement which--
``(i) is described in subparagraph (B), and
``(ii) is offered on the same terms to all
eligible employees of the eligible employer.
``(B) Arrangement described.--An arrangement is
described in this subparagraph if--
``(i) such arrangement is funded solely by
an eligible employer and no salary reduction
contributions may be made under such
arrangement, and
``(ii) such arrangement provides, after the
employee provides proof of coverage to the
employer, for the payment of, or reimbursement
of, an eligible employee for--
``(I) expenses for medical care (as
defined by subparagraphs (A), (B), and
(C) section 213(d)) incurred by the
eligible employee or the eligible
employee's family members (as
determined under the terms of the
arrangement), and
``(II) including for--
``(aa) insurance (within
the meaning of section
213(d)(1)(D)) purchased on the
individual health insurance
market, and
``(bb) premiums under part
B of title XVIII of the Social
Security Act and any medicare
supplemental policy under
section 1882 of such Act.
``(C) Payments for other insurance not permitted
under arrangement.--An arrangement shall not be treated
as described in subparagraph (B) if the arrangement
permits the employee to pay premiums for health
insurance coverage for the employee under the
employee's spouse or other family member health
insurance coverage.
``(D) Certain variation permitted.--For purposes of
subparagraph (A)(ii), an arrangement shall not fail to
be treated as offered on the same terms to all eligible
employees merely because the employer contributions
under such arrangement vary based on the number of
individuals covered under such policy. The preceding
sentence shall not apply unless such variation is
consistently applied to all eligible employees and is
consistent with the price variation of coverage under
health insurance obtained in the relevant individual
health insurance market.
``(3) Other definitions.--For purposes of this subsection--
``(A) Eligible employee.--The term `eligible
employee' means any employee of the employer except
that the terms of the arrangement may exclude from
consideration employees described in any clause of
section 105(h)(3)(B) (applied by substituting `90 days'
for `3 years' in clause (i) thereof).
``(B) Eligible employer.--The term `eligible
employer' means an employer that--
``(i) is not an applicable large employer
as defined in section 4980H(c)(2), and
``(ii) does not offer a group health plan
(other than a qualified small employer health
reimbursement arrangement) to any of its
employees.
``(C) Individual health insurance policy.--The term
`individual health insurance policy' means individual
health insurance coverage (as defined in section
2791(b) of the Public Health Service Act) which is
offered by a health insurance issuer (as so defined in
such section).''.
(2) Exclusion from gross income.--Section 106 of such Code
is amended by adding at the end the following:
``(g) Qualified Small Employer Health Reimbursement Arrangement.--
``(1) In general.--In the case of an individual who is an
eligible employee (as defined in paragraph (3)(A) of section
9831(d)) with respect to an eligible employer (as defined in
paragraph (3)(B) of such section), the applicable percentage of
the aggregate contributions made for the taxable year by the
eligible employer under a qualified small employer health
reimbursement arrangement (as defined in paragraph (2) of such
section) with respect to the employee shall be treated as
employer-provided coverage for medical expenses under an
accident or health plan.
``(2) Applicable percentage.--For purposes of paragraph (1)
the applicable percentage shall be--
``(A) 25 percent if the employee is covered for
less than 3 months in the taxable year by the qualified
small employer health reimbursement arrangement and the
employee draws amounts from the arrangement in any
month during which the employee is not so covered,
``(B) 50 percent if the employee is covered for
more than 3 months but less than 6 months in the
taxable year by the qualified small employer health
reimbursement arrangement and the employee draws
amounts from the arrangement in any month during which
the employee is not so covered,
``(C) 75 percent if the employee is covered for
more than 6 months but less than 9 months in the
taxable year by the qualified small employer health
reimbursement arrangement and the employee draws
amounts from the arrangement in any month during which
the employee is not so covered, and
``(D) 100 percent if the employee is covered for
more than 9 months in the taxable year by the qualified
small employer health reimbursement arrangement.
``(3) Rule for special enrollment.--In the case of an
employee who first becomes covered under the qualified small
employer health reimbursement arrangement by reason of
enrollment during a special enrollment period for qualifying
events (under section 603 of Employee Retirement Income and
Security Act), in lieu of paragraph (2) the applicable
percentage shall be the ratio (expressed as a percentage)
that--
``(A) the number of the months in the taxable year
for which such employee is covered by such arrangement,
bears to
``(B) the total number of months in the taxable
year for which such employee is eligible to be covered
by such arrangement.''.
(3) Exception from continuation coverage requirements.--
Section 4980B(d) of such Code is amended by striking ``or'' at
the end of paragraph (2), by striking the period at the end of
paragraph (3) and inserting ``, or'', and by adding at the end
the following new paragraph:
``(4) any qualified small employer health reimbursement
arrangement (as defined in section 9831(d)(2)).''.
(4) Exception from excise tax on high cost employer-
sponsored health coverage.--Section 4980I(d)(2) of such Code is
amended by redesignating subparagraph (D) as subparagraph (E)
and by inserting after subparagraph (C) the following:
``(D) In the case of applicable employer-sponsored
coverage consisting of coverage under any qualified
small employer health reimbursement arrangement (as
defined in section 9831(d)(2)), the cost of the
coverage shall be the amount reported under section
6051(a)(15).''.
(5) Prevention of double benefit under health insurance
premium credit.--Section 36B(c)(2) of such Code is amended by
adding at the end the following new subparagraph:
``(E) Special rule for certain individual health
insurance policies obtained through small employers.--
``(i) In general.--The term `coverage
month' shall not include any month with respect
to an employee if for such month the employee
is offered affordable coverage under an
individual health insurance policy (as defined
under section 9831(d)(3)(C)) under a qualified
small employer health reimbursement arrangement
(as defined in section 9831(d)(2)).
``(ii) Affordable.--For purposes of clause
(i), coverage shall be treated as affordable
for a month if--
``(I) \1/12\ of the employer's
contribution to the employee for a year
under such arrangement is not less than
the amount that would be paid by the
employee for the premium for such month
for the applicable second lowest cost
self-only silver plan for self-only
coverage with respect to the employee's
individual market, and
``(II) the employee's cost for
coverage under the individual health
insurance policy under the qualified
small employer health reimbursement
arrangement for a year does not exceed
the 9.5 percent of the employee's
household income.''.
(6) Employee notice.--Section 101 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021) is
amended by adding at the end the following:
``(o) Notice Relating to Health Reimbursement Arrangements.--An
employer maintaining a qualified small employer health reimbursement
arrangement (as defined in section 9831(d)(2) of the Internal Revenue
Code of 1986) shall, upon an election by an employee to participate in
such qualified small employer health reimbursement arrangement, provide
notice to the employee that if the employee is not covered under such
arrangement for at least 9 of 12 months in the plan year, any funds
under such arrangement may be includible in gross income.''.
(7) Reporting.--
(A) W-2 reporting.--Section 6051(a) of such Code is
amended by striking ``and'' at the end of paragraph
(13), by striking the period at the end of paragraph
(14) and inserting ``, and'', and by inserting after
paragraph (14) the following new paragraph:
``(15) the total amount of employer contributions made for
the year under a qualified small employer health reimbursement
arrangement (as defined in section 9831(d)(2)) with respect to
the employee.''.
(B) Information required to be provided by exchange
subsidy applicants.--
(i) In general.--Section 1411(b)(3) of the
Patient Protection and Affordable Care Act is
amended by redesignating subparagraph (B) as
subparagraph (C) and by inserting after
subparagraph (A) the following new
subparagraph:
``(B) Certain individual health insurance policies
obtained through small employers.--The months (if any)
which the enrollee has or expects to have coverage
under an individual health insurance policy (as defined
in section 9831(d)(3)(C) of the Internal Revenue Code
of 1986) provided under a qualified small employer
health reimbursement arrangement (as defined in section
9831(d)(2) of such Code).''.
(ii) Special rule relating to verification
of information required to be provided by
exchange applicants.--Verification under
section 1411 of the Patient Protection and
Affordable Care Act of information provided
under section 1411(b)(3)(B) of such Act shall
apply with respect to months beginning after
October 2016.
(8) Effective date.--The amendments made by this subsection
shall apply to months beginning after the date of the enactment
of this Act.
(b) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) In general.--Section 732 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1191a) is amended by
redesignating subsection (d) as subsection (e) and by inserting
after subsection (c) the following new subsection:
``(d) Exception for Certain Individual Health Insurance Policies
Obtained Through Small Employers.--The requirements of this part shall
not apply to any qualified small employer health reimbursement
arrangement (as defined in section 9831(d)(2) of the Internal Revenue
Code of 1986).''.
(2) Exception from continuation coverage requirements.--
Section 601 of such Act (29 U.S.C. 1161) is amended by adding
at the end the following new subsection:
``(c) Exception for Certain Individual Health Insurance Policies
Obtained Through Small Employers.--Subsection (a) shall not apply to
any qualified small employer health reimbursement arrangement (as
defined in section 9831(d)(2) of the Internal Revenue Code of 1986).''.
(3) Exception from certain other group health plan
requirements.--Section 609 of such Act (29 U.S.C. 1169) is
amended by redesignating subsection (e) as subsection (f) and
by inserting after subsection (d) the following new subsection:
``(e) Exception for Certain Individual Health Insurance Policies
Obtained Through Small Employers.--The requirements of this section
shall not apply to any qualified small employer health reimbursement
arrangement (as defined in section 9831(d)(2) of the Internal Revenue
Code of 1986).''.
(4) Effective date.--The amendments made by this subsection
shall apply to months beginning after the date of the enactment
of this Act.
(c) Amendments to Public Health Service Act.--
(1) In general.--Part C of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-91 et seq.) is amended by adding
at the end the following new section:
``SEC. 2796. EXCEPTION FOR CERTAIN SMALL EMPLOYER PLANS TO PROVIDE
INDIVIDUAL HEALTH INSURANCE POLICIES.
``(a) In General.--The requirements of this title shall not apply
to any qualified small employer health reimbursement arrangement (as
defined in section 9831(d)(2) of the Internal Revenue Code of 1986).
``(b) Exception Not Applicable to Individual Health Insurance
Offered Under the Plan or Arrangement.--Subsection (a) shall not apply
with respect to any individual health insurance policy (as defined in
section 9831(d)(3)(C) of such Code) offered under any such
arrangement.''.
(2) Exception from continuation coverage requirements.--
Title XXII of the Public Health Service Act (42 U.S.C. 300bb-1
et seq.) is amended by adding at the end the following new
section:
``SEC. 2209. EXCEPTION FOR CERTAIN SMALL EMPLOYER PLANS TO PROVIDE
INDIVIDUAL HEALTH INSURANCE POLICIES.
``The requirements of this title shall not apply to any qualified
small employer health reimbursement arrangement (as defined in section
9831(d)(2) of the Internal Revenue Code of 1986).''.
(3) Effective date.--The amendments made by this subsection
shall apply to months beginning after the date of the enactment
of this Act. | Small Business Healthcare Relief Act This bill amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to allow an employer with fewer than 50 employees that does not offer group health insurance coverage to establish a health reimbursement arrangement. Under the arrangement, funds contributed by an employer are excluded from the employer's taxable income and are used to pay or reimburse employees for medical care expenses, including premiums for individual health insurance coverage or Medicare supplemental insurance. Such a reimbursement arrangement: (1) must not pay premiums for an employee covered by a family member's coverage, (2) must be offered to all eligible employees on the same terms and may only vary based on the number of individuals covered, and (3) is not required to provide continuation coverage. Employer contributions to a reimbursement arrangement are not included in an employee's gross income if the employee was covered by the reimbursement arrangement for more than nine months of the year. Employees covered for less than nine months have a percentage of employer contributions included in their gross income, with exceptions. An employee offered affordable individual health insurance coverage under a reimbursement arrangement is not eligible for a premium assistance tax credit. Employers must report contributions to a reimbursement arrangement on their employees' W-2. This bill amends the Public Health Service Act to exempt reimbursement arrangements from requirements for health insurance coverage. Insurance offered under a reimbursement arrangement remains subject to the requirements. | {"src": "billsum_train", "title": "Small Business Healthcare Relief Act"} | 3,319 | 296 | 0.631066 | 1.893732 | 0.773692 | 2 | 10.663004 | 0.879121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telecommunications Competition
Enforcement Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds:
(1) The Telecommunications Act of 1996 put in place the
proper framework to achieve competition in local
telecommunications markets.
(2) The Telecommunications Act of 1996 required that all
incumbent local exchange carriers open their markets to
competition by interconnecting with and providing network
access to new entrants, a process to be overseen by Federal and
State regulators.
(3) To increase the incentives of the Bell operating
companies to open their local networks to competition, the
Telecommunications Act of 1996 allows the Bell operating
companies to provide interLATA long distance service in their
service region only after opening their local networks to
competition.
(4) While significant progress has been made in opening
local telecommunications markets, 3 years after passage of the
Act, not a single Bell operating company has opened its network
to competition as required by the Telecommunications Act of
1996.
(5) It is apparent that the incumbent local exchange
carriers do not have adequate incentives to cooperate in this
process and that regulators have not exercised their
enforcement authority to require compliance.
(6) By improving mandatory penalties on Bell operating
companies and incumbent telephone companies that have not
opened their network to competition, there will be greater
assurance that local telecommunications markets will be opened
more expeditiously and, as a result, American consumers will
obtain the full benefits of competition.
SEC. 3. PURPOSE.
The purpose of this Act is to impose penalties on telephone
companies that have not complied with the Telecommunications Act of
1996 in order to ensure that local telecommunications markets are
opened more rapidly to full, robust, and sustainable competition.
SEC. 4. ENFORCEMENT AUTHORITY.
Title 2 of the Communications Act of 1934 (47 U.S.C. 201 et seq.)
is amended by adding at the end the following new section:
``SEC. 262. ENFORCEMENT AUTHORITY.
``(a) In General.--
``(1) If the Commission finds that a Bell operating company
has not fully implemented the competitive checklist in section
271(c)(2)(B) for all telecommunications (including voice,
video, and data) for at least one-half of the States in its
region by February 8, 2001, as determined by the Commission
under Commission policies adopted as of June 1, 1999, the
Commission shall assess on such company a forfeiture penalty of
$100,000 for each day of the continuing violation until the
Commission determines that the Bell operating company has fully
implemented section 271(c)(2)(B).
``(2) If the Commission finds that a Bell operating company
has not fully implemented the competitive checklist in section
271(c)(2)(B) for all telecommunications (including voice,
video, and data) in all States in its region by February 8,
2003, as determined by the Commission under Commission policies
adopted as of June 1, 1999, the Commission shall order the Bell
operating company to divest itself of its telecommunications
network facilities within 180 days in States in which it has
not fully implemented the requirements of section 271(c)(2)(B).
The Bell operating company owning or controlling those
telecommunications network facilities shall provide neither
telecommunications nor information services to subscribers who
are telecommunications carriers in States in which it is in
violation of section 271(c)(2)(B) until the Commission finds
that effective facilities-based local competition exists in the
relevant market.
``(b) Ensure Markets Are Open to Competition.--
``(1) For an incumbent local exchange carrier (as defined
in section 251(h)), other than a Bell operating company, with
more than 5 percent of the access lines in the nation the
Commission shall ensure, upon receipt of a petition from any
interested party, that the company's markets are open to
competition by completing an investigation within 120 days to
determine whether such incumbent local exchange carrier has
fully complied with section 251(c) for all telecommunications
(including voice, video, and data).
``(2) In determining compliance with section 251(c), the
Commission shall consult with the relevant State regulators and
shall use as a benchmark the practices and performance of other
incumbent local exchange carriers in the State and region.
``(3)(A) If the Commission finds that such incumbent local
exchange carrier is not in full compliance with section 251(c)
for all telecommunications (including voice, video, and data),
the Commission shall explicitly state the reasons for such
carrier not being in full compliance and allow the carrier 60
days to come into full compliance.
``(B) If such carrier does not come into full compliance at
the end of the 60-day period, the Commission shall--
``(i) assess on the carrier a forfeiture penalty of
$50,000 per day of the continuing violation; and
``(ii) order the carrier to cease and desist in
marketing and selling long distance services to new
customers.
Such forfeiture penalty and cease and desist order shall
continue until the Commission finds that the carrier is in
compliance with section 251(c).
``(c) Post Approval Protections.--
``(1) In general.--If at any time after the approval of an
application consistent with the requirements of section 271,
the Commission determines that a Bell operating company has
ceased to meet one or more of the requirements of section
271(c)(2)(B) for all telecommunications (including voice,
video, and data), the Commission shall, after notice and
opportunity for a hearing assess on the company a forfeiture
penalty of $100,000 for each violation and for each day of the
continuing violation.
``(2) Penalty.--If at any time after the approval of an
application consistent with the requirements of section 271,
the Commission determines that a Bell operating company has
willfully, knowingly, and repeatedly ceased to meet one or more
of the requirements of section 271(c)(2)(B) for all
telecommunications (including voice, video, and data), the
Commission shall, after notice and opportunity for a hearing
order the company to divest itself of its telecommunications
network facilities within 180 days in States in which it has
ceased to meet the requirements of section 271(c)(2)(B).
``(d) Authority.--Notwithstanding any other provision of this Act,
the Commission shall have full authority to order, implement, and
enforce the provisions of this section. In implementing this section,
the Commission shall ensure that it does not alter the policies and
standards in effect as of June 1, 1999, for ensuring compliance with
section 271 of the Act.
``(e) Additional Provisions.--The provisions of this section are in
addition to the penalties and forfeitures provided by title 5 of this
Act.''. | Telecommunications Competition Enforcement Act of 1999 - Amends the Communications Act of 1934 to mandate that if the Federal Communications Commission (FCC) finds that a Bell operating company (BOC) has not fully implemented the requirements under the Telecommunications Act of 1996 for full and open competition with regard to network access for all telecommunications (voice, video, and data) for at least one-half of the States in its region by February 8, 2001, the FCC shall assess a forfeiture penalty of $100,000 per day for each day of continuing violation of such requirements. Provides that if such requirements are not met by a BOC by February 8, 2003, the FCC shall order the BOC to divest itself of its telecommunications network facilities within 180 days.
Requires the FCC to ensure, for an incumbent local exchange carrier, other than a BOC, with more than five percent of the national access lines, that such company's markets are open to competition by completing an investigation within 120 days to determine whether such carrier has fully complied with such competition requirements for all telecommunications. Allows a noncomplying carrier 60 days to achieve such compliance, with penalties for violations after such period.
Allows the FCC to assess forfeiture penalties on a BOC if, at any time after its approval, the FCC determines that such BOC has ceased to meet the open competition requirements. | {"src": "billsum_train", "title": "Telecommunications Competition Enforcement Act of 1999"} | 1,485 | 309 | 0.605413 | 1.860407 | 0.775002 | 3.293436 | 5.34749 | 0.907336 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Reporting Employment
Clarification Act of 1998''.
SEC. 2. USE OF CONSUMER REPORTS FOR EMPLOYMENT PURPOSES.
(a) Disclosure to Consumer.--Section 604(b)(2) of the Fair Credit
Reporting Act (15 U.S.C. 1681b(b)(2)) is amended to read as follows:
``(2) Disclosure to consumer.--
``(A) In general.--Except as provided in subparagraph (B),
a person may not procure a consumer report, or cause a consumer
report to be procured, for employment purposes with respect to
any consumer, unless--
``(i) a clear and conspicuous disclosure has been made
in writing to the consumer at any time before the report is
procured or caused to be procured, in a document that
consists solely of the disclosure, that a consumer report
may be obtained for employment purposes; and
``(ii) the consumer has authorized in writing (which
authorization may be made on the document referred to in
clause (i)) the procurement of the report by that person.
``(B) Application by mail, telephone, computer, or other
similar means.--If a consumer described in subparagraph (C)
applies for employment by mail, telephone, computer, or other
similar means, at any time before a consumer report is procured
or caused to be procured in connection with that application--
``(i) the person who procures the consumer report on
the consumer for employment purposes shall provide to the
consumer, by oral, written, or electronic means, notice
that a consumer report may be obtained for employment
purposes, and a summary of the consumer's rights under
section 615(a)(3); and
``(ii) the consumer shall have consented, orally, in
writing, or electronically to the procurement of the report
by that person.
``(C) Scope.--Subparagraph (B) shall apply to a person
procuring a consumer report on a consumer in connection with
the consumer's application for employment only if--
``(i) the consumer is applying for a position over
which the Secretary of Transportation has the power to
establish qualifications and maximum hours of service
pursuant to the provisions of section 31502 of title 49, or
a position subject to safety regulation by a State
transportation agency; and
``(ii) as of the time at which the person procures the
report or causes the report to be procured the only
interaction between the consumer and the person in
connection with that employment application has been by
mail, telephone, computer, or other similar means.''.
(b) Conditions on Use for Adverse Actions.--Section 604(b)(3) of
the Fair Credit Reporting Act (15 U.S.C. 1681b(b)(3)) is amended to
read as follows:
``(3) Conditions on use for adverse actions.--
``(A) In general.--Except as provided in subparagraph (B),
in using a consumer report for employment purposes, before
taking any adverse action based in whole or in part on the
report, the person intending to take such adverse action shall
provide to the consumer to whom the report relates--
``(i) a copy of the report; and
``(ii) a description in writing of the rights of the
consumer under this title, as prescribed by the Federal
Trade Commission under section 609(c)(3).
``(B) Application by mail, telephone, computer, or other
similar means.--
``(i) If a consumer described in subparagraph (C)
applies for employment by mail, telephone, computer, or
other similar means, and if a person who has procured a
consumer report on the consumer for employment purposes
takes adverse action on the employment application based in
whole or in part on the report, then the person must
provide to the consumer to whom the report relates, in lieu
of the notices required under subparagraph (A) of this
section and under section 615(a), within 3 business days of
taking such action, an oral, written or electronic
notification--
``(I) that adverse action has been taken based in
whole or in part on a consumer report received from a
consumer reporting agency;
``(II) of the name, address and telephone number of
the consumer reporting agency that furnished the
consumer report (including a toll-free telephone number
established by the agency if the agency compiles and
maintains files on consumers on a nationwide basis);
``(III) that the consumer reporting agency did not
make the decision to take the adverse action and is
unable to provide to the consumer the specific reasons
why the adverse action was taken; and
``(IV) that the consumer may, upon providing proper
identification, request a free copy of a report and may
dispute with the consumer reporting agency the accuracy
or completeness of any information in a report.
``(ii) If, under clause (B)(i)(IV), the consumer
requests a copy of a consumer report from the person who
procured the report, then, within 3 business days of
receiving the consumer's request, together with proper
identification, the person must send or provide to the
consumer a copy of a report and a copy of the consumer's
rights as prescribed by the Federal Trade Commission under
section 609(c)(3).
``(C) Scope.--Subparagraph (B) shall apply to a person
procuring a consumer report on a consumer in connection with
the consumer's application for employment only if--
``(i) the consumer is applying for a position over
which the Secretary of Transportation has the power to
establish qualifications and maximum hours of service
pursuant to the provisions of section 31502 of title 49, or
a position subject to safety regulation by a State
transportation agency; and
``(ii) as of the time at which the person procures the
report or causes the report to be procured the only
interaction between the consumer and the person in
connection with that employment application has been by
mail, telephone, computer, or other similar means.''.
SEC. 3. PROVISION OF SUMMARY OF RIGHTS.
Section 604(b)(1)(B) of the Fair Credit Reporting Act (15 U.S.C.
1681b(b)(1)(B)) is amended by inserting ``, or has previously
provided,'' before ``a summary''.
SEC. 4. NATIONAL SECURITY INVESTIGATION CONFORMING AMENDMENTS.
(a) Government as End User.--Section 609(a)(3) of the Fair Credit
Reporting Act (15 U.S.C. 1681g(a)(3)) is amended by adding at the end
the following:
``(C) Subparagraph (A) does not apply if--
``(i) the end user is an agency or department of the
United States Government that procures the report from the
person for purposes of determining the eligibility of the
consumer to whom the report relates to receive access or
continued access to classified information (as defined in
section 604(b)(4)(E)(i)); and
``(ii) the head of the agency or department makes a
written finding as prescribed under section
604(b)(4)(A).''.
(b) National Security Investigations.--Section 613 of the Fair
Credit Reporting Act (15 U.S.C. 1681k) is amended--
(1) by inserting ``(a) In General.--'' before ``A consumer'';
and
(2) by adding at the end the following:
``(b) Exemption for National Security Investigations.--Subsection
(a) does not apply in the case of an agency or department of the United
States Government that seeks to obtain and use a consumer report for
employment purposes, if the head of the agency or department makes a
written finding as prescribed under section 604(b)(4)(A).''.
SEC. 5. CIVIL SUITS AND JUDGMENTS.
Section 605(a) of the Fair Credit Reporting Act (15 U.S.C.
1681c(a)) is amended--
(1) in paragraph (2), by striking ``Suits and Judgments which''
and inserting ``Civil suits, civil judgments, and records of arrest
that'';
(2) by striking paragraph (5);
(3) in paragraph (6), by inserting ``, other than records of
convictions of crimes'' after ``of information''; and
(4) by redesignating paragraph (6) as paragraph (5).
SEC. 6. TECHNICAL AMENDMENTS.
The Fair Credit Reporting Act (15 U.S.C. 1601 et seq.) is amended--
(1) in section 603(d)(2)(A)(iii), by striking ``any
communication'' and inserting ``communication'';
(2) in section 603(o)(1), by striking ``(d)(2)(E)'' and
inserting ``(d)(2)(D)'';
(3) in section 603(o)(4), by striking ``or'' at the end and
inserting ``and'';
(4) in section 604(g), by striking ``or a direct marketing
transaction'';
(5) in section 611(a)(7), by striking ``(6)(B)(iv)'' and
inserting ``(6)(B)(iii)''; and
(6) in section 621(b), by striking ``or (e)''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall be deemed to have the same
effective date as the amendments made by section 2403 of the Consumer
Credit Reporting Reform Act of 1996 (Public Law 104-208; 110 Stat.
3009-1257).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Consumer Reporting Employment Clarification Act of 1998 - Amends the Fair Credit Reporting Act to allow notice and consent requirements (regarding procurement of a consumer report for employment purposes) to be handled by oral, written, or electronic means when: (1) the consumer involved applies for certan motor carrier employment positions regulated by the Secretary of Transportation or a State transportation agency; and (2) the only interaction at that point between the applicant and the report procurer has been by such means. Allows such means to be used in those circumstances when an adverse action is taken based on the report.
(Sec. 3) Allows a consumer reporting agency to furnish such a report only if the agency meets certain requirements, including providing with the report, or having previously provided, a summary (currently, providing with the report a summary) of the consumer's rights.
(Sec. 4) Provides national security exemptions for a consumer reporting agency from requirements to disclose to a consumer: (1) the identity of each person that procured a report on that consumer; and (2) that public record information was reported that is likely to have an adverse effect on a consumer's ability to obtain employment.
(Sec. 5) Prohibits a consumer reporting agency from reporting on civil suits, civil judgments, and arrest records (currently, reporting on suits and judgments) that are more that seven years before the report or until the governing statute of limitations has expired, whichever is longer. Removes provisions prohibiting the reporting of certain criminal matters more than seven years before the report. Exempts records of criminal convictions from the general prohibition of reporting matters over seven years old. | {"src": "billsum_train", "title": "Consumer Reporting Employment Clarification Act of 1998"} | 2,266 | 362 | 0.624344 | 2.091738 | 0.723552 | 1.913313 | 6.040248 | 0.780186 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Paul Revere
Freedom to Warn Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Discrimination against whistleblowers prohibited.
Sec. 3. Enforcement action.
Sec. 4. Remedies.
Sec. 5. State secrets privilege.
Sec. 6. Criminal penalties.
Sec. 7. Rights retained by covered individual.
Sec. 8. Notification.
Sec. 9. Definitions.
Sec. 10. Effective date; applicability.
SEC. 2. DISCRIMINATION AGAINST WHISTLEBLOWERS PROHIBITED.
It shall be unlawful for any person to discharge, demote, suspend,
reprimand, investigate, or take or fail to take any other personnel
action that in any manner discriminates against any covered individual,
or in any other manner discriminate against any covered individual
(including by a denial, suspension, or revocation of a security
clearance or by any other security access determination, or by denial
of award of a Federal contract or subcontract), or to threaten or
recommend the discharge, demotion, suspension, reprimand,
investigation, other personnel action (or rejection of such action)
that in any manner discriminates against any covered individual, or
other manner of discrimination if such action, discrimination, or
recommendation is due, in whole or in part, to any lawful act done,
perceived to have been done, or intended to be done by the covered
individual--
(1) to provide information, cause information to be
provided, or otherwise assist in an investigation or proceeding
regarding any conduct which the covered individual reasonably
believes constitutes evidence of a violation of any law, rule,
or regulation, a threat to national or homeland security, a
substantial and specific threat to public health or safety, or
fraud, abuse of authority, waste, or mismanagement of public
funds, if the information or assistance is provided to or the
investigation is conducted by--
(A) a Federal, State, or local regulatory or law
enforcement agency (including an office of Inspector
General under the Inspector General Act of 1978);
(B) any Member of Congress, any committee of
Congress, or the Government Accountability Office;
(C) any person with supervisory or managerial
authority over the covered individual (or any other
person who has the authority to investigate, discover,
or terminate misconduct); or
(D) a potential witness to or other person affected
by or aware of the conduct described in this section;
(2) to file, cause to be filed, testify, participate in, or
otherwise assist in a proceeding or action filed or about to be
filed relating to an alleged violation of any law, rule, or
regulation; or
(3) to refuse to violate or assist in the violation of any
law, rule, or regulation.
SEC. 3. ENFORCEMENT ACTION.
(a) In General.--A covered individual who alleges discharge or
other discrimination by any person in violation of section 2 may seek
relief under section 4 by--
(1) filing a complaint with the Secretary of Labor; or
(2) if the Secretary has not issued a final decision within
180 days after the filing of the complaint and there is no
showing that such delay is due to the bad faith of the
claimant, bringing an action at law or equity for de novo
review by a jury in the appropriate district court of the
United States, which shall have jurisdiction over such an
action without regard to the amount in controversy.
(b) Procedure.--
(1) In general.--An action under subsection (a)(1) shall be
governed under the rules and procedures set forth in section
42121(b) of title 49, United States Code.
(2) Exception.--Notification made under section 42121(b)(1)
of title 49, United States Code, shall be made--
(A) to the person named in the complaint; and
(B) to the person's employer or, in the case of a
Federal contractor or subcontractor, to the
instrumentality of the Government with which such
contractor or subcontractor has entered into, or
submitted an offer to enter into, a contract.
(3) Burdens of proof.--An action brought under subsection
(a)(2) shall be governed by the legal burdens of proof set
forth in section 42121(b) of title 49, United States Code.
(4) Statute of limitations.--An action under subsection (a)
shall be commenced not later than 6 years after the date on
which the alleged violation occurred.
SEC. 4. REMEDIES.
(a) In General.--A covered individual prevailing in any action
under section 3(a) shall be entitled to all relief appropriate to make
the covered individual whole.
(b) Damages.--Relief for any action under subsection (a) may
include--
(1) reinstatement with the same seniority status and
employment grade or pay level (or the equivalent) that the
covered individual would have had, but for the discrimination;
(2) compensatory damages, including the amount of any back
pay, with interest;
(3) compensation for any special damages sustained as a
result of the discrimination, including litigation costs,
expert witness fees, and reasonable attorneys fees; and
(4) punitive damages in an amount not to exceed the greater
of 3 times the amount of any monetary damages awarded under
this Act (apart from this paragraph) or $5,000,000.
SEC. 5. STATE SECRETS PRIVILEGE.
If, in any action brought under section 3(a)(2), the Government
asserts as a defense the privilege commonly referred to as the ``state
secrets privilege'' and the assertion of such privilege prevents the
plaintiff from establishing a prima facie case in support of the
plaintiff's claim, the court shall enter judgment for the plaintiff and
shall determine the relief to be granted.
SEC. 6. CRIMINAL PENALTIES.
(a) In General.--Any person violating section 2 may be fined under
title 18 of the United States Code, imprisoned not more than 10 years,
or both.
(b) Reporting Requirements.--The Department of Justice shall (based
on such periodic reports and other information from the Department of
Labor as the Department of Justice may require) submit to Congress an
annual report on the enforcement of subsection (a). Each such report
shall--
(1) identify each case in which formal charges under
subsection (a) were brought;
(2) describe the status or disposition of each such case;
and
(3) in any actions under section 3(a)(2) in which the
covered individual was the prevailing party or the
substantially prevailing party, indicate whether or not any
formal charges under subsection (a) have been brought and, if
not, the reasons therefor.
SEC. 7. RIGHTS RETAINED BY COVERED INDIVIDUAL.
Nothing in this Act shall be deemed to diminish the rights,
privileges, or remedies of any covered individual under any Federal or
State law, or under any collective bargaining agreement. The rights and
remedies in this Act may not be waived by any agreement, policy, form,
or condition of employment.
SEC. 8. NOTIFICATION.
The provisions of this Act shall be prominently posted in any place
of employment to which this Act applies.
SEC. 9. DEFINITIONS.
For purposes of this Act--
(1) the term ``covered individual'' means an employee or a
member of the uniformed services (as defined by section 2101(3)
of title 5, United States Code)--
(A) serving in or under--
(i) an Executive agency (as defined by
section 105 of such title 5), a military
department (as defined by section 103 of such
title 5), or any other instrumentality of the
Government (which, for purposes of this Act,
includes the Department of Homeland Security,
the Transportation Security Administration, and
any other instrumentality of the Government,
notwithstanding any special personnel
authorities which might be available to such
instrumentality under law);
(ii) a Federal contractor or subcontractor;
or
(iii) the Federal National Mortgage
Association, the Federal Home Loan Mortgage
Corporation, and any other federally chartered
entity; or
(B) employed by an employer within the meaning of
section 701(b) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(b));
(2) the term ``employee'' means--
(A) with respect to an employer referred to in
paragraph (1)(A)(i), an employee as defined by section
2105 of title 5, United States Code; and
(B) with respect to an employer referred to in
paragraph (1)(A)(ii) or (1)(B), any officer, partner,
employee, or agent;
such term, as defined by subparagraph (A), includes an
individual holding a position in an instrumentality of the
Government identified in the parenthetical matter under
paragraph (1)(A);
(3) the term ``evidence'' means information that meets the
standard for admissibility under the Federal Rules of Evidence,
or is used as part of the record in support of a finding in an
investigative report or decision by a government office with
jurisdiction;
(4) the term ``Federal contractor'' means a person who has
entered into, or responded to a request for proposals or
solicitation for bids to enter into, a contract with an
instrumentality of the Government;
(5) the term ``lawful'' means not specifically prohibited
by law, except that, in the case of any information the
disclosure of which is specifically prohibited by Federal
statute or specifically required by Executive order to be kept
secret in the interest of national defense or the conduct of
foreign affairs, any disclosure of such information to any
Member of Congress, committee of Congress, or other recipient
authorized to receive such information, shall be deemed lawful;
(6) the term ``law, rule, or regulation'' refers to a law
of the United States and any rule or regulation prescribed
under any such law;
(7) the term ``person'' means a corporation, partnership,
State entity, business association of any kind, trust, joint-
stock company, or individual;
(8) the term ``reasonably believes'', with respect to
information provided by a covered individual, means only that a
disinterested observer with knowledge of the essential facts
known to and readily ascertained by the covered individual
could conclude that the information constitutes evidence of
conduct described under section 2(1); and
(9) the term ``subcontractor'', with respect to a Federal
contractor, means any person, other than the Federal
contractor, who offers to furnish or furnishes any supplies,
materials, equipment, or services of any kind under a contract
with an instrumentality of the Government or a subcontract (at
any tier) entered into under such a contract.
SEC. 10. EFFECTIVE DATE; APPLICABILITY.
(a) Effective Date.--This Act shall take effect 90 days after the
date of the enactment of this Act.
(b) Applicability.--This Act shall apply to--
(1) any administrative or judicial proceeding pending on
the effective date of this Act; and
(2) any administrative or judicial proceeding brought on or
after the effective date of this Act. | Paul Revere Freedom to Warn Act - Makes it unlawful to take any adverse personnel action against any covered individual if such individual has acted lawfully to: (1) provide information or assistance in an investigation or proceeding regarding any conduct which the covered individual reasonably believes constitutes evidence of a violation of any law, rule, or regulation, a threat to national homeland security, a substantial and specific threat to public health or safety, or fraud, abuse of authority, waste, or mismanagement of public funds, if the information or assistance is provided to, or the investigation is conducted by, specified individuals, including law enforcement authorities, Members of Congress, or supervisors of such individual; (2) file, testify, participate in, or assist in a proceeding or action relating to an alleged violation of any law, rule, or regulation; or (3) refuse to violate or assist in the violation of any law, rule or regulation. Specifies the enforcement actions under which a covered individual who alleges discharge or other discrimination by any person in violation of such requirement may seek relief.
Entitles a covered individual prevailing in any such action to all relief appropriate to make such individual whole.
Sets forth criminal penalties for violations of this Act. Requires the Department of Justice to submit annual reports on the enforcement of such violations.
Requires this Act's provisions to be prominently posted in places of employment to which it applies. | {"src": "billsum_train", "title": "To improve whistleblower protections."} | 2,472 | 303 | 0.657056 | 2.200224 | 0.90962 | 5.240876 | 8.551095 | 0.934307 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Economic Impact
Notification Act''.
SEC. 2. REQUIREMENT FOR DISTRICT ECONOMIC IMPACT STATEMENT FOR FEDERAL
AGENCIES TRANSFERRING EMPLOYEES OUT OF DISTRICT OF
COLUMBIA.
(a) Requirement Described.--
(1) In general.--Except as provided in subsection (b), if a
Federal agency proposes to carry out any program or activity
that would result in the transfer of employees whose official
station or agency is located in the District of Columbia to
another station or agency that is not located in the District
of Columbia for permanent duty, the agency shall--
(A) prepare a District of Columbia economic impact
statement;
(B) submit the statement to the Committee on the
District of Columbia of the House of Representatives
and the Committee on Governmental Affairs of the Senate
not less than 12 months before such program or activity
is scheduled to begin;
(C) submit the statement to the National Capital
Planning Commission, Congress, the Administrator of
General Services, the Mayor of the District of
Columbia, and the Council of the District of Columbia;
and
(D) publish the statement in the Federal Register.
(2) Treatment of contracts to construct or lease
facilities.--For purposes of paragraph (1), the entering into
of a contract to construct a new facility or to lease an
existing facility as the official station or agency of
employees of a Federal agency shall be considered a program or
activity carried out by the agency.
(b) Exception for Transfers of Small Number of Employees.--
Subsection (a) shall not apply in the case of a program or activity of
an agency if the number of employees transferred as a result of the
program or activity to a station or agency that is not located in the
District of Columbia would be less than 50.
(c) Federal Agency Defined.--The term ``Federal agency'' means an
executive department (as defined in section 101 of title 5, United
States Code).
SEC. 3. CONGRESSIONAL APPROVAL OF PROJECTS.
(a) Congressional Approval of Projects.--Except as provided in
subsection (b), a Federal agency required to submit a District of
Columbia economic impact statement under section 2 may not carry out
the program or activity that is the subject of the statement unless
Congress enacts legislation specifically approving the program or
activity.
(b) Exception for National Emergencies.--Subsection (a) shall not
apply with respect to any program or activity if the Federal agency
submits a certification to the Committees described in subsection (c)
that an emergency exists which requires that the program or activity be
carried out in the national security interest of the United States. The
certification shall include a description of the emergency
circumstances which necessitate the carrying out of the program or
activity and a discussion of the national security interests involved.
(c) Committees to Which Legislation Referred.--Legislation
described in subsection (a) shall be referred to the Committee on the
District of Columbia of the House of Representatives or the Committee
on Governmental Affairs of the Senate by the Speaker of the House of
Representatives or the President of the Senate (as the case may be).
SEC. 4. PREPARATION OF STATEMENTS.
(a) In General.--A District of Columbia economic impact statement
prepared by an agency under section 2 shall describe the adverse
effects of the program or activity that is the subject of the statement
on the economy of and employment in the District of Columbia, and shall
include the following:
(1) A socioeconomic analysis of the effects of the program
or activity on the District of Columbia.
(2) A projection of the effect of the program or activity
on unemployment in the District of Columbia, including
unemployment among employees of other Federal and non-Federal
entities who may be affected by the program or activity.
(3) An analysis of the impact of the program or activity on
the number of people residing in the District of Columbia and
the resulting impact on the District's tax base, the housing
market in the District, businesses in the District, and the
demand for services provided by the District government.
(b) Consultation With Local Officials.--In preparing a District of
Columbia economic impact statement under section 2, a Federal agency
shall consult with the Mayor of the District of Columbia, the Council
of the District of Columbia, and the National Capital Planning
Commission. The Mayor of the District of Columbia and the Chairman of
the Council of the District of Columbia shall provide the Federal
agency with comments on the statement, and the Federal agency shall
include such comments in the circulation of the statement.
SEC. 5. REQUIRING HEADQUARTERS FUNCTIONS OF FEDERAL GOVERNMENT AGENCIES
TO BE LOCATED IN DISTRICT OF COLUMBIA.
(a) In General.--The headquarters functions of each executive
department shall be carried out in the District of Columbia.
(b) Definitions.--In this section--
(1) the term ``executive department'' has the meaning given
such term in section 101 of title 5, United States Code; and
(2) the term ``headquarters functions'' means any function
or activity of the Federal Government relating to the
administration of national laws, the formulation of policy
directives and regulations, the needs of the President for
consultation with officers of executive departments, or any
other activities necessary for the efficient functioning of the
Federal Government, and includes related administrative and
support services.
(c) Effective Date.--Subsection (a) shall apply to functions
carried out on or after the date of the enactment of this Act, except
that nothing in such subsection shall be construed to require an
executive department carrying out such functions at a location other
than the District of Columbia before such date to carry out such
functions in the District of Columbia after such date.
SEC. 6. EFFECTIVE DATE.
Except as provided in section 5(c), the requirements of this Act
shall apply to functions, programs, or activities of Federal agencies
that are carried out during any fiscal year beginning after September
30, 1994. | District of Columbia Economic Impact Notification Act - Requires a Federal agency that proposes to carry out any program or activity that would result in the transfer of 50 or more employees whose official station or agency is located in the District of Columbia to another station or agency outside of the District for permanent duty to: (1) prepare a District of Columbia economic impact statement; (2) submit the statement to specified congressional committees within 12 months before such program or activity is scheduled to begin; (3) submit the statement to the National Capital Planning Commission, the Congress, the Administrator of General Services, the Mayor of the District, and the District of Columbia Council; and (4) publish the statement in the Federal Register.
Provides that the entering into of a contract to construct a new facility or to lease an existing one as the official station or agency of employees of a Federal agency shall be considered a program or activity carried out by the agency.
Requires congressional approval before such program or activity can be carried out unless an emergency exists and the program or activity would be in the national security interest of the United States.
Sets forth provisions relating to the preparation of a District of Columbia impact statement.
Requires the headquarters functions of each executive department to be carried out in the District.
Defines "Federal agency" as an executive department and "headquarters functions" as a Federal function or activity relating to the administration of national laws, the formulation of policy directives and regulations, the needs of the President for consultation with executive department officers, or any other necessary activities for the efficient functioning of the Government, including related administrative and support services. | {"src": "billsum_train", "title": "District of Columbia Economic Impact Notification Act"} | 1,348 | 345 | 0.743213 | 2.192932 | 0.731993 | 5.21118 | 3.841615 | 0.950311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Managing Our Medicare and Medicaid
Services and Protecting Our Parents Act'' .
SEC. 2. LOAN REPAYMENT PROGRAM FOR NURSE PRACTITIONERS AND PHYSICIANS
ASSISTANTS SERVING IN UNDERSERVED NURSING HOMES.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.)
is amended--
(1) by redesignating the second section 487F as section
487G; and
(2) by inserting after section 487G (as so redesignated)
the following:
``SEC. 487H. LOAN REPAYMENT PROGRAM FOR NURSE PRACTITIONERS AND
PHYSICIAN ASSISTANTS SERVING IN UNDERSERVED NURSING
HOMES.
``(a) Establishment.--To the extent and in the amounts provided in
advance in appropriations Acts, the Secretary, acting through the
Administrator of the Health Resources and Services Administration,
shall establish a program to enter into contracts with individuals
under which the individual involved agrees to serve for a period of not
less than 3 years as a nurse practitioner or a physician assistant at
an underserved nursing home, in consideration of the Federal Government
agreeing to make payments, for not more than 5 years of such service,
on the principal and interest of the educational loans of the
individual.
``(b) Amount of Payments.--The amount of a payment by the Secretary
under this section for a year of service by an individual as a nurse
practitioner or physician assistant at an underserved nursing home
shall not exceed the lesser of the remaining outstanding obligation on
the individual's educational loans or--
``(1) $2,000 at the completion of the first year of such
service;
``(2) $2,500 at the completion of the second year of such
service;
``(3) $3,500 at the completion of the third year of such
service;
``(4) $4,500 at the completion of the fourth year of such
service; and
``(5) $5,000 at the completion of the fifth year of such
service.
``(c) Application of Provisions.--Except as inconsistent with this
section, the provisions of sections 338B, 338C, and 338E shall apply to
the program established under this section to the same extent and in
the same manner as such provisions apply to the National Health Service
Corps Loan Repayment Program established in subpart III of part D of
title III.
``(d) Definitions.--For purposes of this section:
``(1) The term `medicaid recipient' means, with respect to
a resident of a nursing home, a resident of the home who is
provided medical assistance under title XIX of the Social
Security Act for nursing home services.
``(2) The term `medicare recipient' means, with respect to
a resident of a skilled nursing home, a resident who is being
provided benefits under part A of title XVIII of the Social
Security Act with respect to extended care services in the
home.
``(3) The term `nursing home' means any institution or
facility defined as such for licensing purposes under State
law, or, if State law does not employ the term nursing home,
the equivalent term or terms as determined by the Secretary,
but does not include a religious nonmedical health care
institution (as defined in section 1861(ss)(1) of the Social
Security Act).
``(4) The term `underserved nursing home' means a nursing
home in which at least 85 percent of the number of residents of
the home are medicaid recipients, not more than 8 percent of
such residents are medicare recipients, and not more than 10
percent of such residents are neither medicaid nor medicare
recipients.
``(e) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each fiscal
year.
``(2) Availability.--Amounts appropriated for carrying out
this section shall remain available until the expiration of the
second fiscal year beginning after the fiscal year for which
the amounts were made available.''.
SEC. 3. TRAINING PROGRAM FOR NURSING HOME ADMINISTRATORS.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Medicare & Medicaid Services,
shall provide grants to States to implement nursing home administrator
mentor programs described in subsection (b).
(b) Mentor Program Described.--A mentor program described in this
subsection is a program to improve the training of nursing home
administrators and to strengthen their commitment to serve as leaders
in their States. Such a program shall provide for the following:
(1) Identification of individuals who are nursing home
administrators and have exceptional potential to serve as
mentors to other nursing home administrators.
(2) Training of such individuals to serve as mentors for
other nursing home administrators who are employed in
underserved nursing homes (as defined in section 487H(e)(3) of
the Public Health Service Act).
(c) Applications.--A State seeking a grant under this section shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 to carry out this section.
(e) Definitions.--For purposes of this section:
(1) Nursing home.--The term ``nursing home'' means any
institution or facility defined as such for licensing purposes
under State law, or, if State law does not employ the term
nursing home, the equivalent term or terms as determined by the
Secretary, but does not include a religious nonmedical health
care institution (as defined in section 1861(ss)(1) of the
Social Security Act (42 U.S.C. 1395x(ss)(1)).
(2) Nursing home administrator.--The term ``nursing home
administrator''means any individual who is charged with the
general administration of a nursing home whether or not such
individual has an ownership interest in such home and whether
or not the individual's functions and duties are shared with
one or more other individuals.
(3) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act.
SEC. 4. HIGH FAMILY INVOLVEMENT IN NURSING HOMES.
The Director of the Centers for Medicare & Medicaid Services shall
provide, in implementing the Nursing Home Quality Initiative, the
degree of family involvement (as defined by the Director) among the
quality indicators for the evaluation of the quality of nursing homes,
SEC. 5. REINSTITUTION OF BOREN AMENDMENT MEDICAID PAYMENT METHODOLOGY.
(a) In General.--Section 1902(a)(13) of the Social Security Act (42
U.S.C. 1396a(a)(13)) is amended to read as follows:
``(13) provide for payment of services through the use of
rates determined pursuant to the criteria under this paragraph
as in effect on August 1, 1997;''.
(b) Establishment of Safe Harbor Rates.--Section 1902 of such Act
(42 U.S.C. 1396a) is amended by adding at the end the following: ``The
Secretary may, by regulation, promulgate standards or methodologies for
determining rates that comply with paragraph (13), and a State that
pays rates that meet such standards or methodologies is deemed to be in
compliance with paragraph (13).''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is one year after
the date of the enactment of this Act.
SEC. 6. INCREASE OF MEDICAID FMAP.
Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is
amended by adding at the end the following: ``Notwithstanding the first
sentence of this subsection, only for purposes of this title (and not
with respect to the determination of the enhanced FMAP) and with
respect to calendar quarters beginning after October 1, 2004, in the
case of a State in which the Federal medical assistance percentage
otherwise determined under the first sentence is less than 60 percent,
such percentage shall be increased by 2 percentage points, and in the
case of a State in which such percentage is otherwise so determined to
be 60 percent or greater, such percentage shall be increased by 1
percentage point.''. | Managing Our Medicare and Medicaid Services and Protecting Our Parents Act - Amends the Public Health Services Act to direct the Secretary of Health and Human Services to establish a loan repayment program for nurse practitioners and physician assistants serving in underserved nursing homes.
Directs the Secretary to establish a mentoring program for training nursing home administrators.
Requires the Director of the Centers for Medicare & Medicaid Services to provide, in implementing the Nursing Home Quality Initiative, the degree of family involvement among the quality indicators for the evaluation of the quality of nursing homes.
Amends title XIX (Medicaid) of the Social Security Act to reinstitute certain payment levels for health institutions (Boren Amendment Medicaid payment methodology) and to increase the Federal medical assistance percentage (FMAP). | {"src": "billsum_train", "title": "To amend title IV of the Public Health Service Act to establish a loan repayment program for nurse practitioners and physician assistants serving in underserved nursing homes, to establish a mentoring program for training nursing home administrators, to encourage high family involvement in nursing homes, and to amend title XIX of the Social Security Act to restore payment levels for health care institutions and to increase the Federal medical assistance percentage."} | 1,900 | 168 | 0.470953 | 1.21802 | 0.773335 | 4.992908 | 11.893617 | 0.921986 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lytton Rancheria Homelands Act of
2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Lytton Rancheria of California is a federally
recognized Indian tribe that lost its homeland after it was
unjustly and unlawfully terminated in 1958. The Tribe was
restored to Federal recognition in 1991, but the conditions of
its restoration have prevented it from regaining a homeland on
its original lands.
(2) Congress needs to take action to reverse historic
injustices that befell the Tribe and have prevented it from
regaining a viable homeland for its people.
(3) Prior to European contact there were as many as 350,000
Indians living in what is now the State of California. By the
turn of the 19th century, that number had been reduced to
approximately 15,000 individuals, many of them homeless and
living in scattered bands and communities.
(4) The Lytton Rancheria's original homeland was purchased
by the United States in 1926 pursuant to congressional
authority designed to remedy the unique tragedy that befell the
Indians of California and provide them with reservations called
Rancherias to be held in trust by the United States.
(5) After the Lytton Rancheria lands were purchased by the
United States, the Tribe settled on the land and sustained
itself for several decades by farming and ranching.
(6) By the mid-1950s, Federal Indian policy had shifted
back towards a policy of terminating Indian tribes. In 1958,
Congress enacted the Rancheria Act of 1958 (72 Stat. 619),
which slated 41 Rancherias in California, including the Lytton
Rancheria, for termination after certain conditions were met.
(7) On August 1, 1961, the Lytton Rancheria was terminated
by the Federal Government. This termination was illegal because
the conditions for termination under the Rancheria Act had
never been met. After termination was implemented, the Tribe
lost its lands and was left without any means of supporting
itself.
(8) In 1987, the Tribe joined three other tribes in a
lawsuit against the United States challenging the illegal
termination of their Rancherias. A Stipulated Judgment in the
case, Scotts Valley Band of Pomo Indians of the Sugar Bowl
Rancheria v. United States, No. C-86-3660 (N.D.Cal. March 22,
1991), restored the Lytton Rancheria to its status as a
federally recognized Indian tribe.
(9) The Stipulated Judgment agreed that the Lytton
Rancheria would have the ``individual and collective status and
rights'' which it had prior to its termination and expressly
contemplated the acquisition of trust lands for the Lytton
Rancheria.
(10) The Stipulated Judgment contains provisions, included
at the request of the local county governments and neighboring
landowners, that prohibit the Lytton Rancheria from exercising
its full Federal rights on its original homeland in the
Alexander Valley.
(11) In 2000, approximately 9.5 acres of land in San Pablo,
California, was placed in trust status for the Lytton Rancheria
for economic development purposes.
(12) The Tribe has since acquired, from willing sellers at
fair market value, property in Sonoma County near the Tribe's
historic Rancheria. This property, which the Tribe holds in fee
status, is suitable for a new homeland for the Tribe.
(13) On a portion of the land to be taken into trust, which
portion totals approximately 124.12 acres, the Tribe plans to
build housing for its members and governmental and community
facilities.
(14) A portion of the land to be taken into trust is being
used for viniculture, and the Tribe intends to develop more of
the lands to be taken into trust for viniculture. The Tribe's
investment in the ongoing viniculture operation has
reinvigorated the vineyards, which are producing high-quality
wines. The Tribe is operating its vineyards on a sustainable
basis and is working toward certification of sustainability.
(15) No gaming shall be conducted on the lands to be taken
into trust by this Act.
(16) No gaming shall be conducted on any lands taken into
trust on behalf of the Tribe in Sonoma County after the date of
the enactment of this Act north of a line that runs in a
cardinal east and west direction from the point where Highway
Route 12 crosses Highway 101 as they are physically on the
ground and used for transportation on January 1, 2016, and
extending to the furthest extent of Sonoma County.
(17) Any agreement, now or in the future, regarding gaming
restrictions between Sonoma County and the Tribe will be
effective without further review by the Bureau of Indian
Affairs.
(18) By directing that these lands be taken into trust, the
United States will ensure that the Lytton Rancheria will
finally have a permanently protected homeland on which they can
once again live communally and plan for future generations.
This action is necessary to fully restore the Tribe to the
status it had before it was wrongfully terminated in 1961.
(19) The Tribe and County of Sonoma have entered into a
Memorandum of Agreement in which the County agrees to the lands
in the County being taken into trust for the benefit of the
Tribe in consideration for commitments made by the Tribe.
SEC. 3. DEFINITIONS.
For the purpose of this Act, the following definitions apply:
(1) County.--The term ``County'' means Sonoma County,
California.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Lytton Rancheria
of California.
SEC. 4. LANDS TO BE TAKEN INTO TRUST.
(a) In General.--The land owned by the Tribe and generally depicted
on the map titled ``Lytton Fee Owned Property to be Taken into Trust''
and dated May 1, 2015, is hereby taken into trust for the benefit of
the Tribe, subject to valid existing rights, contracts, and management
agreements related to easements and rights-of-way.
(b) Lands To Be Made Part of the Reservation.--Lands taken into
trust under subsection (a) shall be part of the Tribe's reservation and
shall be administered in accordance with the laws and regulations
generally applicable to property held in trust by the United States for
an Indian tribe.
SEC. 5. GAMING.
(a) Lands Taken Into Trust Under This Act.--Lands taken into trust
for the benefit of the Tribe under section 4 shall not be eligible for
gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
(b) Other Lands Taken Into Trust.--
(1) Time-limited prohibition.--Lands taken into trust for
the benefit of the Tribe in Sonoma County after the date of the
enactment of this Act shall not be eligible for gaming under
the Indian Gaming Regulatory Act (25 U.S.C. 2710 et seq.) until
after March 15, 2037.
(2) Permanent prohibition.--Notwithstanding paragraph (1),
lands located north of a line that runs in a cardinal east and
west direction and is defined by California State Highway Route
12 as it crosses through Sonoma County at Highway 101 as they
are physically on the ground and used for transportation on
January 1, 2016, and extending to the furthest extent of Sonoma
County shall not be eligible for gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2710 et seq.).
SEC. 6. APPLICABILITY OF CERTAIN LAW.
Notwithstanding any other provision of law, the Memorandum of
Agreement entered into by the Tribe and the County concerning taking
land in the County into trust for the benefit of the Tribe, which was
approved by the County Board of Supervisors on March 10, 2015, and any
addenda and supplement thereto, is not subject to review or approval of
the Secretary in order to be effective, including review or approval
under section 2103 of the Revised Statutes (25 U.S.C. 81). | Lytton Rancheria Homelands Act of 2015 (Sec. 4) This bill takes into trust for the benefit of the Lytton Rancheria of California certain land owned by the tribe in Sonoma County, California. Land taken into trust is made a part of the tribe's reservation. Gaming is prohibited on this land and in a specified area of Sonoma County. (Sec. 5) Gaming is prohibited until March 16, 2037, on land taken into trust for the benefit of the tribe after enactment of this bill. (Sec. 6) The memorandum of agreement entered into by the tribe and the county that was approved by the county on March 10, 2015, is not subject to review and approval by the Department of the Interior. | {"src": "billsum_train", "title": "Lytton Rancheria Homelands Act of 2015"} | 1,821 | 168 | 0.499739 | 1.537863 | 0.592569 | 3.685714 | 11.5 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act shall be known as the ``Cotton Shirt Industry Tariff
Relief and Technical Corrections Act''.
SEC. 2. TEMPORARY DUTY REDUCTIONS FOR CERTAIN COTTON SHIRTING FABRIC.
(a) Certain Cotton Shirting Fabrics.--
(1) In general.--Subchapter II of chapter 99 is amended by
inserting in numerical sequence the following new headings:
`` 9902.52.08 Woven fabrics of Free No change No change On or before 12/
cotton, all the 31/2006
foregoing
certified by the
importer as
suitable for use
in making men's
and boys' shirts
and as imported by
or for the benefit
of a manufacturer
of men's and boys'
shirts, subject to
the quantity
limitations
contained in
general note 18 of
this subchapter
(provided for in
section
204(b)(3)(B)(i)(II
I) of the Andean
Trade Preference
Act (19 U.S.C.
3203))............
9902.52.09 Woven fabrics of Free No change No change On or before 12/
cotton, all the 31/2005 ''
foregoing .
certified by the
importer as
containing 100
percent pima
cotton grown in
the United States,
as suitable for
use in making
men's and boys'
shirts, and as
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts (provided
for in section
204(b)(3)(B)(i)(II
I) of the Andean
Trade Preference
Act (19 U.S.C.
3203))............
(2) Definitions and limitation on quantity of imports.--The
U.S. Notes to chapter 99 are amended by adding at the end the
following:
``18. For purposes of subheadings 9902.52.08 and 9902.52.09, the term
`making' means cutting and sewing in the United States, and the term
`manufacturer' means a person or entity that cuts and sews in the
United States.
``19. The aggregate quantity of cotton fabrics entered under subheading
9902.52.08 from January 1 to December 31 of each year, inclusive, by or
on behalf of each manufacturer of men's and boys' shirts shall be
limited to 85 percent of the total square meter equivalents of all
imported cotton woven fabric used by such manufacturer in cutting and
sewing men's and boys' cotton shirts in the United States and purchased
by such manufacturer during calendar year 2000.''.
(b) Determination of Tariff-Rate Quotas.--
(1) Authority to issue licenses and license use.--To
implement the limitation on the quantity of imports of cotton
woven fabrics under subheading 9902.52.08 of the Harmonized
Tariff Schedule of the United States, as required by U.S. Note
19 to subchapter II of chapter 99 of such Schedule, for the
entry, or withdrawal from warehouse for consumption, the
Secretary of Commerce shall issue licenses to eligible
manufacturers with respect to items entered under subheading
9902.52.08 specifying the annual quantity restrictions under
each such license. A licensee may assign the authority (in
whole or in part) to import fabric under subheading 9902.52.08
of such Schedule.
(2) Licenses under u.s. note 19.--For purposes of U.S. Note
19 to subchapter II of chapter 99 of the Harmonized Tariff
Schedule of the United States, the Secretary of Commerce shall
issue a license within 60 days of an application containing a
notarized affidavit from an officer of the manufacturer that
the manufacturer is eligible to receive a license and stating
the quantity of imported cotton woven fabric purchased during
calendar year 2000 for use in the cutting and sewing of men's
and boys' shirts in the United States.
(3) Affidavits.--For purposes of an affidavit described in
this subsection, the date of purchase shall be--
(A) the invoice date if the manufacturer is not the
importer of record; and
(B) the date of entry if the manufacturer is the
importer of record.
SEC. 3. PIMA COTTON TRUST FUND.
(a) Establishment of Trust Fund.--
(1) In general.--There is hereby established within the
Treasury of the United States a trust fund to be known as the
``Pima Cotton Trust Fund'' (hereinafter in this section
referred to the ``Trust Fund''), consisting of such amounts as
may be transferred to the Trust Fund under paragraph (2).
(2) Transfer of amounts.--
(A) In general.--Beginning October 1, 2005, the
Secretary of the Treasury shall transfer to the Trust
Fund out of the general fund of the Treasury of the
United States amounts determined by the Secretary of
the Treasury to be equivalent to the amounts received
in the general fund that are attributable to the duty
received since January 1, 1994, on articles under
subheadings 5208.21.60, 5208.22.80, 5208.29.80,
5208.31.80, 5208.32.50, 5208.39.80, 5208.41.80,
5208.42.50, 5208.49.80, 5208.51.80, 5208.52.50,
5208.59.80, 5210.21.80, and 5210.31.80 of the
Harmonized Tariff Schedule of the United States,
subject to the limitation in subparagraph (B).
(B) Limitation.--The Secretary shall not transfer
more than $16,000,000 to the Trust fund in any fiscal
year, and shall not transfer any amount beginning on or
after October 1, 2007.
(b) Distribution of Funds.--
(1) In general.--From amounts in the Trust Fund, the
Commissioner of Customs and Border Protection shall make the
following payments annually beginning in fiscal year 2005:
(A) 25 percent of the amounts in the Trust Fund
shall be paid annually to a nationally recognized
association established for the promotion of pima
cotton grown in the United States for use in textile
and apparel goods.
(B) 25 percent of the amounts in the Trust Fund
shall be paid annually to yarn spinners of pima cotton
grown in the United States, and shall be allocated to
each such spinner in an amount that bears the same
ratio as--
(i) the spinner's production of ring spun
cotton yarns, measuring less than 83.33 decitex
(exceeding 120 metric number) from pima cotton
grown in the United States in single and plied
form during calendar year 2002 (as evidenced by
an affidavit provided by the spinner), bears to
(ii) the production of yarns described in
clause (i) during calendar year 2002 for all
spinners who qualify under this subparagraph.
(C) 50 percent of the amounts in the Trust Fund
shall be paid annually to manufacturers who cut and sew
cotton shirts in the United States who certify that
they used imported cotton fabric during the period
January 1, 1998, through July 1, 2003, and shall be
allocated to each such manufacturer in an amount that
bears the same ratio as--
(i) the dollar value (excluding duty,
shipping, and related costs) of imported woven
cotton shirting fabric of 80s or higher count
and 2-ply in warp purchased by the manufacturer
during calendar year 2002 (as evidenced by an
affidavit from the manufacturer that meets the
requirements of paragraph (2)) used in the
manufacturing of men's and boys' cotton shirts,
bears to
(ii) the dollar value (excluding duty,
shipping, and related costs) of the fabric
described in clause (i) purchased during
calendar year 2002 by all manufacturers who
qualify under this subparagraph.
(2) Affidavit of shirting manufacturers.--The affidavit
required by paragraph (1)(C) is a notarized affidavit of an
officer of the manufacturer of men's and boys' shirts that
affirms--
(A) that the manufacturer used imported cotton
fabric during the period January 1, 1998, through July
1, 2003, to cut and sew men's and boys' woven cotton
shirts in the United States;
(B) the dollar value of imported woven cotton
shirting fabric of 80s or higher count and 2-ply in
warp purchased during calendar year 2002;
(C) that the manufacturer maintains invoices along
with other supporting documentation (such as price
lists and other technical descriptions of the fabric
qualities) showing the dollar value of such fabric
purchased, the date of purchase, and evidencing the
fabric as woven cotton fabric of 80s or higher count
and 2-ply in warp; and
(D) that the fabric was suitable for use in the
manufacturing of men's and boys' cotton shirts.
(3) Date of purchase.--For purposes of the affidavit
required by paragraph (2), the date of purchase shall be the
invoice date, and the dollar value shall be determined
excluding duty, shipping, and related costs.
(4) Affidavit of yarn spinners.--The affidavit required by
paragraph (1)(B), is a notarized affidavit of an officer of a
company that produces ring spun yarns that affirms--
(A) that the producer used pima cotton grown in the
United States during the period January 1, 2002,
through December 31, 2002, to produce ring spun cotton
yarns, measuring less than 83.33 decitex (exceeding 120
metric number) in single and plied form during 2002;
(B) the quantity, measured in pounds of ring spun
cotton yarns, measuring less than 83.33 decitex
(exceeding 120 metric number), in single and plied form
during calendar year 2002; and
(C) that the producer maintains supporting
documentation showing the quantity of such yarns
produced, and evidencing the yarns as ring spun cotton
yarns, measuring less than 83.33 decitex (exceeding 120
metric number), in single and plied form during
calendar year 2002.
(5) No appeal.--Any amount paid by the Commissioner of
Customs and Border Protection under this section shall be final
and not subject to appeal or protest. | Cotton Shirt Industry Tariff Relief and Technical Corrections Act - Amends the Harmonized Tariff Schedule of the United States to reduce, through December 31, 2005 or 2006 (as appropriate), the duty on certain cotton shirting fabrics.
Limits the quantity of imported cotton woven fabric entered by or on behalf of each manufacturer of men's and boy's shirts. Provides for the issuance of import licenses subject to such limitation.
Establishes the Pima Cotton Trust Fund within the Treasury, consisting of transfers from the general fund in amounts attributable to the duty received since January 1, 1994, on woven fabrics of cotten under specified headings of the Harmonized Tariff Schedule of the United States.
Provides for annual distribution of amounts from such Fund to a nationally recognized association of shirting manufacturers for the promotion of U.S.-grown pima cotton, and to yarn spinners of such cotton . | {"src": "billsum_train", "title": "A bill to provide relief for the cotton shirt industry."} | 2,283 | 201 | 0.546479 | 1.722998 | 0.769444 | 3.228395 | 12.074074 | 0.907407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Stopping Adults
Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2007''.
SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.
(a) Offense.--Chapter 95 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1960A. Financial facilitation of access to child pornography
``Whoever knowingly conducts, or attempts or conspires to conduct,
a financial transaction (as defined in section 1956(c)) in or affecting
interstate or foreign commerce, knowing that such transaction will
facilitate access to, or the possession of, child pornography (as
defined in section 2256) shall be fined under this title or imprisoned
not more than 20 years, or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 95 of title 18, United States Code, is amended by adding at the
end the following new item:
``1960A. Financial facilitation of access to child pornography.''.
SEC. 3. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND EXPLOITATION OF
CHILDREN.
(a) Offense.--Chapter 95 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1960B. Internet facilitation of child pornography and
exploitation of children
``(a) Offense.--Whoever, being an Internet content hosting provider
or email service provider, knowingly engages in any conduct the
provider knows or has reason to believe facilitates access to, or the
possession of, child pornography (as defined in section 2256) shall be
fined under this title or imprisoned not more than 10 years, or both.
``(b) Definitions.--As used in this section--
``(1) the term `Internet content hosting provider' means a
service that--
``(A) stores, through electromagnetic or other
means, electronic data, including the content of web
pages, electronic mail, documents, images, audio and
video files, online discussion boards, and weblogs; and
``(B) makes such data available via the Internet
``(2) the term `email service provider' means a person
that--
``(A) provides a service, using the Internet, for
the transmission, receipt, storage, and retrieval, by
registered users, of electronic mail messages; and
``(B) receives the content of, and recipient list
for, electronic mail messages that it transmits,
receives, or stores for the person or entity procuring
such services.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 95 of title 18, United States Code, is amended by adding at the
end the following new item:
``1960B. Internet facilitation of child pornography and exploitation of
children''.
SEC. 4. CHILD PORNOGRAPHY REPORTING.
(a) Child Pornography Reporting.--Section 227(b)(4) of the Victims
of Child Abuse Act of 1990 (42 U.S.C. 13032(b)(4)) is amended to read
as follows:
``(4) Failure to report.--
``(A) Knowing failure.--A provider of electronic
communication services or remote computing services
described in paragraph (1) who knowingly fails to make
a report under that paragraph shall be fined--
``(i) in the case of an initial failure to
make a report, not more than $150,000; and
``(ii) in the case of any second or
subsequent failure to make a report, not more
than $300,000.
``(B) Negligent failure.--A provider of electronic
communication services or remote computing services
described in paragraph (1) who negligently fails to
make a report under that paragraph shall be subject to
a civil penalty of--
``(i) in the case of an initial failure to
make a report, not more than $50,000; and
``(ii) in the case of any second or
subsequent failure to make a report, not more
than $100,000.
``(C) Authority.--For the purposes of this
paragraph, the Federal Communications Commission--
``(i) may levy civil penalties under
subparagraph (B); and
``(ii) shall promulgate regulations, in
consultation with the Attorney General, to--
``(I) effectuate the purposes of
subparagraph (B); and
``(II) provide for appropriate
administrative review of any civil
penalties levied under that
subparagraph.''.
SEC. 5. MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by inserting ``1466A (relating to obscene visual
representation of the abuse of children),'' before ``section
1708'';
(2) ``1960A (relating to financial facilitation of access
to child pornography), 1960B (relating to Internet facilitation
of child pornography and exploitation of children),'' before
``section 2113''; and
(3) by inserting ``2252A (relating to child pornography),
2260A (relating to increased penalties for registered sex
offenders),'' before ``section 2280''.
SEC. 6. RECORD RETENTION REQUIREMENTS FOR INTERNET SERVICE PROVIDERS.
(a) Regulations.--Not later than 90 days after the date of the
enactment of this section, the Attorney General shall issue regulations
governing the retention of records by Internet Service Providers. Such
regulations shall, at a minimum, require retention of records, such as
the name and address of the subscriber or registered user to whom an
Internet Protocol address, user identification or telephone number was
assigned, in order to permit compliance with court orders that may
require production of such information.
(b) Failure To Comply.--Whoever knowingly fails to retain any
record required under this section shall be fined under title 18,
United States Code, and imprisoned for not more than one year, or both.
SEC. 7. INCREASED PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN.
Section 2251(e) of title 18, United States Code, is amended--
(1) by striking ``15 years nor more than 30 years'' and
inserting ``20 years or for life''; and
(2) by striking ``not less than 25 years nor more than 50
years,'' and all that follows through ``not less than 35 years
nor more than life.'' and inserting ``life.''.
SEC. 8. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL
INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN.
Section 2252(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``5 years and not more than 20
years'' and inserting ``15 years or for life''; and
(B) by striking ``not less than 15 years nor more
than 40 years.'' and inserting ``life.''; and
(2) in paragraph (2)--
(A) by striking ``or imprisoned not more than 10
years, or both'' and inserting ``and imprisoned for not
less than 3 years nor more than 20 years''; and
(B) by striking ``10 years nor more than 20
years.'' and inserting ``20 years or for life.''.
SEC. 9. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL
CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.
Section 2252A(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``5 years and not more than 20
years'' and inserting ``15 years or for life''; and
(B) by striking ``not less than 15 years nor more
than 40 years'' and inserting ``life''; and
(2) in paragraph (2)--
(A) by striking ``or imprisoned not more than 10
years, or both'' and inserting ``and imprisoned for not
less than 3 years nor more than 20 years''; and
(B) by striking ``10 years nor more than 20 years''
and inserting ``20 years or for life''.
SEC. 10. REQUIREMENT TO PLACE WARNING MARKS ON COMMERCIAL WEBSITES
CONTAINING SEXUALLY EXPLICIT MATERIAL.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Federal Trade
Commission;
(2) the term ``website'' means any collection of material
placed in a computer server-based file archive so that it is
publicly accessible, over the Internet, using hypertext
transfer protocol or any successor protocol except that the
term does not include any collection of material where access
to sexually explicit material is restricted to a specific set
of individuals through the provision of a password or through
another access restriction mechanism;
(3) the term ``sexually explicit material'' means any
material that depicts sexually explicit conduct (as that term
is defined in subsection (2)(A) of section 2256 of title 18,
United States Code), unless the depiction constitutes a small
and insignificant part of the whole, the remainder of which is
not primarily devoted to sexual matters;
(4) the term ``Internet'' means the combination of computer
facilities and electromagnetic transmission media, and related
equipment and software, comprising the interconnected worldwide
network of computer networks that employ the Transmission
Control Protocol/Internet Protocol or any successor protocol to
transmit information; and
(5) the term ``Internet access service''--
(A) means a service that enables users to access
content, information, electronic mail, or other
services offered over the Internet, and may also
include access to proprietary content, information, and
other services as part of a package of services offered
to consumers; and
(B) does not include telecommunications services.
(b) Labeling Requirement.--Except as provided in subsection (d), no
person who operates a website that is primarily operated for commercial
purposes, in or affecting interstate or foreign commerce, may
knowingly, and with knowledge of the character of the material, place
on that website sexually explicit material, and fail--
(1) to include on each page of the website that contains
sexually explicit material, the marks and notices prescribed by
the Commission under subsection (c); or
(2) to ensure that the matter on the website that is
initially viewable, absent any further actions by the viewer,
does not include any sexually explicit material.
(c) Prescription of Marks and Notices.--Not later than 90 days
after the date of enactment of this Act, the Commission shall, in
consultation with the Attorney General, establish by regulation clearly
identifiable marks or notices to be included in the code, if
technologically feasible, or if not feasible on the pages, of websites
that contain sexually explicit material in order to inform the viewer
of that fact and to facilitate the filtering of such pages.
(d) Inapplicability to Carriers and Other Service Providers.--This
section shall not apply to a person, to the extent that such person
is--
(1) a telecommunications carrier engaged in the provision
of a telecommunications service;
(2) a person engaged in the business of providing an
Internet access service; or
(3) similarly engaged in the transmission, storage,
retrieval, hosting, formatting, or translation (or any
combination thereof) of a communication made by another person,
without selection or alteration of the content of the
communication, and such person's deletion of a particular
communication or material made by another person in a manner
consistent with any applicable law or regulation shall not
constitute selection or alteration of the content of the
communication.
(e) Penalties.--Whoever violates subsection (b)--
(1) shall be fined under title 18, United States Code,
imprisoned not more than 5 years, or both; and
(2) shall be fined under title 18, United States Code, and
imprisoned for not less than 5 years nor more than 15 years, if
such person has a prior conviction under--
(A) this section;
(B) section 1591 or chapter 71, chapter 109A,
chapter 110, or chapter 117 of title 18, United States
Code;
(C) section 920 of title 10, United States Code,
(article 120 of the Uniform Code of Military Justice);
or
(D) the laws of any State relating to--
(i) aggravated sexual abuse, sexual abuse,
or abusive sexual contact involving a minor or
ward;
(ii) the production, possession, receipt,
mailing, sale, distribution, shipment, or
transportation of child pornography; or
(iii) sex trafficking of children.
SEC. 11. ADDITIONAL RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by inserting ``section 641 (relating to embezzlement or
theft of public money, property, or records,'' after ``473
(relating to counterfeiting),''; and
(2) by inserting ``section 666 (relating to theft or
bribery concerning programs receiving Federal funds),'' after
``section 664 (relating to embezzlement from pension and
welfare funds),''.
SEC. 12. ADDITIONAL RESOURCES FOR THE INNOCENT IMAGES NATIONAL
INITIATIVE.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the Federal Bureau of Investigation to
carry out the Innocent Images National Initiative, $30,000,000 for each
of the fiscal years 2008 through 2012.
(b) Availability.--Any amounts appropriated pursuant to subsection
(a) shall remain available until expended. | Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2007 - Amends the federal criminal code to prohibit: (1) financial transactions in interstate or foreign commerce that facilitate access to, or the possession of, child pornography; and (2) Internet content hosting providers or email service providers from facilitating access to, or the possession of, child pornography.
Amends the Victims of Child Abuse Act of 1990 to: (1) increase monetary penalties for willful failure of electronic communication service providers to report child pornography; and (2) impose new penalties for negligent failure to report.
Requires the Attorney General to issue regulations governing the retention of certain records by Internet Service Providers.
Increases criminal penalties for the sexual exploitation of children and for activities involving the sexual exploitation of children and child pornography.
Requires commercial website operators to place warning marks prescribed by the Federal Trade Commission on web pages that contain sexually explicit materials.
Authorizes appropriations for FY2008-FY2012 for the Innocent Images National Initiative. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes."} | 3,184 | 237 | 0.51915 | 1.452236 | 0.819621 | 4.106599 | 14.19797 | 0.898477 |
SECTION 1. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY CREDIT.
(a) Extension.--Subsection (g) of section 30C of the Internal
Revenue Code of 1986 is amended by striking ``placed in service--'' and
all that follows and inserting ``placed in service after December 31,
2014''.
(b) Increased Credit.--
(1) Credit percentage.--Subsection (a) of section 30C of
the Internal Revenue Code of 1986 is amended by striking ``30
percent'' and inserting ``50 percent''.
(2) Dollar limitations.--
(A) Increase and per device limitation.--Paragraph
(1) of section 30C(b) of such Code is amended to read
as follows:
``(1) the greater of--
``(A) $100,000 for each type of clean-burning fuel
(among all clean-burning fuels listed in subsection
(c)(2)) utilized in property placed in service at the
location by the taxpayer during the taxable year, or
``(B) $10,000 multiplied by the number of devices
placed in service at the location by the taxpayer
during the taxable year,
in the case of a property of a character subject to an
allowance for depreciation, and''.
(B) Nondepreciable property.--Paragraph (2) of
section 30C(b) of such Code is amended by striking
``$1,000'' and inserting ``$2,000''.
(3) Device.--Subsection (e) of section 30C of such Code is
amended by adding at the end the following new paragraph:
``(7) Device.--For the purposes of subsection (b)(1), the
term `device' means an individual item of property, whether a
stand-alone item or part of property that includes multiple
devices, which functions to refuel or recharge one alternative
fuel vehicle at a time.''.
(4) Conforming amendment.--Paragraph (6) of section 30C(e)
of such Code is amended--
(A) by inserting ``and which is placed in service
before the date of the enactment of paragraph (8)''
after ``hydrogen'' in subparagraph (A), and
(B) by striking ``$30,000'' in subparagraph (B) and
inserting ``$100,000''.
(c) Treatment of Personal Credit.--
(1) In general.--Paragraph (2) of section 30C(d) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(2) Personal credit.--
``(A) In general.--For purposes of this title, the
credit allowed under subsection (a) for any taxable
year (determined after application of paragraph (1))
shall be treated as a credit allowable under subpart A
for such taxable year.
``(B) Limitation based on amount of tax.--In the
case of a taxable year to which section 26(a)(2) does
not apply, the credit allowed under subsection (a) for
any taxable year (determined after application of
paragraph (1)) shall not exceed the excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section and
sections 25D and 30D) and section 27 for the
taxable year.''.
(2) Conforming amendment.--Clause (ii) of section
30D(c)(2)(B) of such Code is amended by striking ``section
25D'' and inserting ``sections 25D and 30C''.
(d) Treatment of Property Used by Tax-Exempt Entity.--Paragraph (2)
of section 30C(e) of the Internal Revenue Code of 1986 is amended--
(1) by striking the last sentence, and
(2) by inserting ``(including use by an Indian tribal
government)'' after ``paragraph (3) or (4) of section 50(b)''.
(e) Joint Ownership of Alternative Fuel Vehicle Refueling
Property.--Subsection (e) of section 30C of the Internal Revenue Code
of 1986, as amended by subsection (b), is amended by adding at the end
the following new paragraph:
``(8) Joint ownership of alternative fuel vehicle refueling
property.--
``(A) In general.--Any qualified alternative fuel
vehicle refueling property shall not fail to be treated
as such property solely because such property is placed
in service with respect to 2 or more dwelling units.
``(B) Limits applied separately.--In the case of
any qualified alternative fuel vehicle refueling
property which is placed in service with respect to 2
or more dwelling units, this section (other than this
subparagraph) shall be applied separately with respect
to the portion of such property attributable to each
such dwelling unit.''.
(f) Definition of Alternative Fuel Vehicle Refueling Property.--
(1) In general.--Paragraph (3) of section 179A(d) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(3) such property is--
``(A) for the generation, storage, compression,
blending, or dispensing of a clean-burning fuel into
the fuel tank of a motor vehicle propelled by such
fuel, but only if the generation, storage, compression,
or dispensing of such fuel is at the point where such
fuel is delivered into the fuel tank of the motor
vehicle, or
``(B) for the recharging of motor vehicles
propelled by electricity (including property relating
to providing electricity for such recharging or
otherwise necessary for such recharging property).''.
(2) Building components.--Subsection (d) of section 179A of
such Code is amended by striking ``and its structural
components''.
(g) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Amends the Internal Revenue Code, with respect to alternative fuel vehicle refueling property, to: (1) increase and extend the tax credit for such property through 2014; (2) expand such credit to include the installation of refueling devices (e.g., chargers or compressors); (3) permit property eligible for such credit to be placed in service with respect to two or more dwelling units; and (4) expand the definition of "qualified clean-fuel vehicle refueling property" for purposes of the tax deduction for clean-fuel vehicles and certain refueling property. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend and modify the alternative fuel vehicle refueling property credit."} | 1,363 | 121 | 0.568952 | 1.360426 | 0.468612 | 1.972477 | 11 | 0.816514 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Y2K State and Local GAP (Government
Assistance Programs) Act of 1999''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Welfare programs.--The welfare programs are as follows:
(A) TANF.--The State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et
seq.).
(B) Medicaid.--The program of medical assistance
under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.).
(C) Food stamps.--The food stamp program, as
defined in section 3(h) of the Food Stamp Act of 1977
(7 U.S.C. 2012(h)).
(D) WIC.--The program of assistance under the
special supplemental nutrition program for women,
infants and children (WIC) under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786).
(E) Child support enforcement.--The child support
and paternity establishment program established under
part D of title IV of the Social Security Act (42
U.S.C. 651 et seq.).
(F) Child welfare.--A child welfare program or a
program designed to promote safe and stable families
established under subpart 1 or 2 of part B of title IV
of the Social Security Act (42 U.S.C. 620 et seq.).
(G) Child care.--The Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)
(including funding provided under section 418 of the
Social Security Act (42 U.S.C. 618)).
(2) Y2K.--The term ``Y2K compliant'' means, with respect to
information technology, that the information technology
accurately processes (including calculating, comparing, and
sequencing) date and time data from, into, and between the 20th
and 21st centuries and the years 1999 and 2000, and leap year
calculations, to the extent that other information technology
properly exchanges date and time data with it.
SEC. 3. GRANTS TO STATES TO MAKE STATE AND LOCAL GOVERNMENT PROGRAMS
Y2K COMPLIANT.
(a) Authority To Award Grants.--
(1) In general.--Subject to paragraph (2), the Secretary of
Commerce shall award grants in accordance with this section to
States for purposes of making grants to assist the States and
local governments in making programs administered by the States
and local governments Y2K compliant. The Secretary of Commerce
shall give priority to grant requests that relate to making
Federal welfare programs Y2K compliant.
(2) Limitations.--
(A) Number of grants.--No more than 75 grants may
be awarded under this section.
(B) Per state limitation.--Not more than 2 grants
authorized under this section may be awarded per State.
(C) Application deadline.--45 days after enactment.
(b) Application.--
(1) In general.--A State, through the State Governor's
Office, may submit an application for a grant authorized under
this section at such time within the constraints of paragraph
Sec. 3(a)(2)(C) and in such manner as the Secretary of Commerce
may determine.
(2) Information required.--An application for a grant
authorized under this section shall contain the following:
(A) A description of a proposed plan for the
development and implementation of a Y2K compliance
program for the State's programs or for a local
government program, including a proposed budget for the
plan and a request for a specific funding amount.
(B) A description or identification of a proposed
funding source for completion of the plan (if
applicable) and maintenance of the system after the
conclusion of the period for which the grant is to be
awarded.
(c) Conditions for Approval of Applications.--
(1) Matching requirement.--
(A) In general.--A State awarded a grant under this
section shall expend $1 for every $2 awarded under the
grant to carry out the development and implementation
of a Y2K compliance program for the State's programs
under the proposed plan.
(B) Waiver for hardship.--The Secretary of Commerce
may waive or modify the matching requirement described
in subparagraph (A) in the case of any State that the
Secretary of Commerce determines would suffer undue
hardship as a result of being subject to the
requirement.
(C) Non-federal expenditures.--
(i) Cash or in kind.--State expenditures
required under subparagraph (A) may be in cash
or in kind, fairly evaluated, including
equipment, or services.
(ii) No credit for pre-award
expenditures.--Only State expenditures made
after a grant has been awarded under this
section may be counted for purposes of
determining whether the State has satisfied the
matching expenditure requirement under
subparagraph (A).
(2) Considerations.--In evaluating an application for a
grant under this section the Secretary of Commerce shall
consider the extent to which the proposed system is feasible
and likely to achieve the purposes described in subsection
(a)(1).
(d) Length of Awards.--No grant may be awarded under this section
for a period of more than 2 years.
(e) Availability of Funds.--Funds provided to a State under a grant
awarded under this section shall remain available until expended
without fiscal year limitation.
(f) Reports.--
(1) Annual report from grantees.--Each State that is
awarded a grant under this section shall submit an annual
report to the Secretary of Commerce that contains a description
of the ongoing results of the independent evaluation of the
plan for, and implementation of, the compliance program funded
under the grant.
(2) Final report.--Not later than 90 days after the
termination of all grants awarded under this section, the
Secretary of Commerce shall submit to Congress a final report
evaluating the programs funded under such grants.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $40,000,000 for fiscal years
1999 to 2001 funded from the Y2K Emergency Supplemental Funds
appropriated in the FY99 Omnibus Act, PL 105-277. | Y2K State and Local GAP (Government Assistance Programs) Act of 1999 - Directs the Secretary of Commerce to: (1) award grants to States to assist the States and local governments in making their programs Y2K compliant; and (2) give priority to grant requests that relate to making Federal welfare programs Y2K compliant.
Requires a State's application for such a grant to contain: (1) a description of a proposed plan for the development and implementation of a Y2K compliance program; and (2) a description or identification of a proposed funding source for the completion of the plan and maintenance of the system.
Requires a State awarded a grant to expend one dollar for every two dollars awarded under the grant for the development and implementation of the compliance program. Permits the Secretary to waive or modify such matching requirement for any State that the Secretary determines would suffer undue hardship.
Prohibits the award of a grant for a period of more than two years.
Requires: (1) each State awarded a grant to submit an annual report that contains a description of the ongoing results of the evaluation of the plan for the compliance program funded under the grant; and (2) the Secretary to submit to the Congress a final report evaluating the programs funded under such grants.
Authorizes appropriations. | {"src": "billsum_train", "title": "Y2K State and Local GAP (Government Assistance Programs) Act of 1999"} | 1,413 | 292 | 0.474557 | 1.417384 | 0.793908 | 3.855469 | 4.753906 | 0.925781 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Physician Payment Reform
Act of 2005''.
SEC. 2. MINIMUM UPDATE FOR PHYSICIANS' SERVICES FOR 2006 AND 2007.
(a) In General.--Section 1848(d) of the Social Security Act (42
U.S.C. 1395w-4(d)) is amended by adding at the end the following new
paragraph:
``(6) Update for 2006 and 2007.--The update to the single
conversion factor established in paragraph (1)(C) for 2006
shall not be less than 1.5 percent and for 2007 shall not be
less than 1.5 percent.''.
(b) Conforming Amendment.--Section 1848(d)(4)(B) of the Social
Security Act (42 U.S.C. 1395w-4(d)(4)(B)) is amended, in the matter
preceding clause (i), by striking ``and paragraph (5)'' and inserting
``paragraphs (5) and (6)''.
(c) Not Treated as Change in Law and Regulation in Sustainable
Growth Rate Determination.--The amendments made by this section shall
not be treated as a change in law for purposes of applying section
1848(f)(2)(D) of the Social Security Act (42 U.S.C. 1395w-4(f)(2)(D)).
(d) Premium Transition Rule.--Notwithstanding any other provision
of law--
(1) 2006.--
(A) Premium.--Nothing in this section shall be
construed as modifying the premium previously computed
under section 1839 of the Social Security Act (42
U.S.C. 1395r) for months in 2006.
(B) Government contribution.--In computing the
amount of the Government contribution under section
1844(a) of the Social Security Act (42 U.S.C. 1395w(a))
for months in 2006, the Secretary of Health and Human
Services shall compute and apply a new actuarially
adequate rate per enrollee age 65 and over under
section 1839(a)(1) of such Act (42 U.S.C. 1395r(a)(1))
taking into account the provisions of this section.
(2) 2007.--
(A) Premium.--The monthly premium under section
1839 of the Social Security Act for months in 2007
shall be computed as if this section had not been
enacted.
(B) Government contribution.--The Government
contribution under section 1844(a) of the Social
Security Act for months in 2007 shall be computed
taking into account the provisions of this section,
including subparagraph (A).
SEC. 3. MEDPAC REPORT ON MEDICARE SPENDING ON PHYSICIAN SERVICES.
(a) In General.--Not later than March 15, 2007, the Medicare
Payment Assessment Commission shall submit to Congress a report (in
this section referred to as the ``report'') on approaches to
controlling aggregate spending for physician services in order to
maximize efficiency and maintain beneficiary access to high-quality
care under part B of the Medicare program.
(b) Report Details.--
(1) The report shall include recommendations on--
(A) the appropriate categorization or level of
analysis (such as group practice, hospital medical
staff, type of service or specialty, geographic area,
outliers, or any other approach or combination of
approaches);
(B) standards to assess volume growth; and
(C) how volume control policies should be
implemented, including the extent to which the policies
should be codified in law.
(2) The report shall address the appropriate level of
discretion for the Secretary of Health and Human Services to
make necessary adjustments to alter physician payments or
otherwise intervene to affect provider behavior.
(3) The report shall also include findings and
recommendations on the work of the Centers for Medicare &
Medicaid Services and the Relative Value Update Committee
(RUC), including--
(A) whether the current pricing system accurately
reflects resource costs;
(B) whether adjustments should be made to practice
expense to better estimate marginal cost;
(C) identification and review of overvalued
services;
(D) the effectiveness of the five-year review
process;
(E) comparison of relative values among categories
of services;
(F) the ability for such Centers to develop and
utilize external resources (including as medical
directors from carriers or health plans) to determine
appropriate pricing;
(G) strategies that should be available to such
Centers to make adjustments to payments when necessary;
(H) any additional recommendations for reforming
the current pricing system, such as whether bases other
than resource costs should be considered in determining
the relative value of services in the physician fee
schedule; and
(I) the extent to which alternative payment methods
should be used for certain types of providers or
patients (such as payment by episode and payment by
capitation or partial capitation).
(4) The report shall evaluate the effect that Medicare and
private plan payment policies have on the development and
maintenance of the physician workforce.
SEC. 4. REPEAL OF MEDICARE COST CONTAINMENT PROVISIONS.
Subtitle A of title X of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 is repealed and the
provisions of law amended by such subtitle are restored as if such
subtitle had not been enacted. | Medicare Physician Payment Reform Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide that the update to the single conversion factor in the formula for payment of physicians' services for 2006 and 2007 shall not be less than 1.5%.
Directs the Medicare Payment Assessment Commission (MEDPAC) to report to Congress on approaches to controlling aggregage spending for physician services in order to maximize efficiency and maintain beneficiary access to high-quality care under Medicare part B (Supplementary Medical Insurance).
Repeals Medicare cost containment provisions under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. | {"src": "billsum_train", "title": "To amend part B of title XVIII of the Social Security Act to assure equitable payment for physicians services under the Medicare Program."} | 1,146 | 135 | 0.471237 | 1.266055 | 0.251068 | 4.094017 | 8.700855 | 0.91453 |
SECTION 1. SHORT TITLE AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``National Economic
Council Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) domestic and international economic policy are
essential elements of our national security. America's
leadership in the world can be attributed in large measure to
the success of our Nation's economic vitality. That success,
and our Nation's security, is being challenged by the growth in
the international economic competition;
(2) one of the fundamental lessons of the cold war period
is that a strong military nation cannot achieve national
security without economic vitality;
(3) the ability of the United States to compete
internationally is central to the Nation's economic prosperity
and security. Exports now account for more than 10 per centum
of our country's gross domestic product and are a growing
percentage of our Nation's output. Increased exports are
fundamental to facilitating job creation and economic growth;
(4) as we enter the post-cold war period with an increased
focus on policies to compete in world markets, America's
ability to produce exports and be competitive is in need of
constant and high level attention by our Nation's policy
makers;
(5) the President's National Security Council has played a
vital and constant role in the successful development and
coordination of America's national security policy since the
creation of the Council in 1947;
(6) to be successful, policies to meet the challenges of
international competitiveness must be given the same
coordinated high level attention as our successful national
security policy. In order to remain a strong economic force in
the increasingly competitive global economy, America needs a
coordinated economic strategy which will allow our country to
be on a competitive basis with other nations, taking into
account the free market system which has been the hallmark of
our economic system;
(7) the President must have available a permanent council
of experts and advisors which have direct access to the
President and can coordinate the complex components of the
President's economic policy to facilitate exports, job
creation, and national prosperity; and
(8) an organization equivalent to the National Security
Council should be established within the Executive Office of
the President to develop and coordinate economic policy as
trade and global competition emerge as essential elements of
our national security. The National Economic Council should
bring focus and coordination to domestic and international
economic policies at the highest level of government and should
be recognized as the President's organization for developing
and coordinating these policies.
SEC. 3. ESTABLISHMENT OF THE NATIONAL ECONOMIC COUNCIL.
(a) There is established a council to be known as the National
Economic Council (hereinafter in this Act referred to as the
``Council'').
(b) The President of the United States shall preside over meetings
of the Council: Provided, That in his absence he may designate a member
of the Council to preside.
(c) The Council shall be composed of--
(1) the President;
(2) the Vice President;
(3) the United States Trade Representative;
(4) the Secretary of Treasury;
(5) the Secretary of Commerce;
(6) the Secretary of Labor;
(7) the Secretary of Agriculture;
(8) the Administrator of the Environmental Protection
Agency;
(9) the Director of the Office of Management and Budget;
(10) the Director of the Office of Science and Technology
Policy;
(11) the Chairman of the Council of Economic Advisors; and
(12) any other individual as the President may direct.
(d) The Council shall have a staff to be headed by the National
Economic Advisor who shall be appointed by the President. The National
Economic Advisor is authorized, subject to the civil-service laws and
chapter 51 and subchapter III of chapter 53 of title 5, to appoint and
fix the compensation of such personnel as may be necessary to perform
such duties as may be prescribed by the Council in connection with the
performance of its functions.
SEC. 4. FUNCTIONS OF THE NATIONAL ECONOMIC COUNCIL.
(a) The function of the Council shall be to advise the President
with respect to the integration of domestic and international policies
relating to the economy and international competitiveness so as to
enable the Federal Government to operate more effectively in matters
involving our Nation's ability to compete in the global economy.
(b) In addition to performing such other functions as the President
may direct, the Council shall--
(1) formulate and coordinate an economic strategy which
will provide the economic environment necessary for our country
to be on a competitive basis with other nations;
(2) consider matters of common interest of the departments
and agencies of the Government concerned with the economy and
international competitiveness, and to coordinate
recommendations concerning these policies to the President in
connection therewith;
(3) assess the ability of the United States to compete
internationally, and the risk of a failure to meet this
challenge, for the purpose of making recommendations to the
President in connection therewith; and
(4) define a set of guidelines for Government interaction
with the market, taking into account the free market system
which has been the hallmark of our national economy.
(c) The functions of the Council under this Act shall be
performed--
(1) subject to the direction of the President; and
(2) for the purpose of effectively coordinating the
policies and functions of the Federal departments and agencies
relating to the economy and international competitiveness.
(d) The Council shall, from time to time, make such recommendations
and such other reports to the President as it deems appropriate or as
the President may require. | National Economic Council Act - Establishes the National Economic Council within the Executive Office of the President to advise the President about integration of domestic and international policies relating to the economy and international competitiveness in order to enable the Federal Government to operate more effectively in matters involving U.S. ability to compete in the global economy. Lists specific Council functions, which include: (1) formulating and coordinating an economic strategy which will provide the economic environment necessary for the United States to be on a competitive basis with other nations; and (2) defining a set of guidelines for Government interaction with the market. | {"src": "billsum_train", "title": "National Economic Council Act"} | 1,155 | 124 | 0.504924 | 1.585812 | 0.670022 | 5.115044 | 10.504425 | 0.920354 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghan Allies Protection Amendments
Act of 2018''.
SEC. 2. SPECIAL IMMIGRANT VISAS FOR AFGHAN ALLIES.
(a) In General.--Section 602(b)(2)(A)(ii) of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is amended, in the matter
preceding subclause (I), by inserting ``for the first time'' after
``submitting a petition''.
(b) Numerical Limitations.--Section 602(b)(3) of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) Fiscal year 2019.--
``(i) In general.--In addition to any
unused balance under subparagraph (F), for
fiscal year 2019, not more than 4,000 principal
aliens may be granted special immigrant status
under this subsection.
``(ii) Period of employment.--For purposes
of this subparagraph, the period of employment
referred to in paragraph (2)(A)(ii) shall end
not later than December 31, 2021.
``(iii) Application.--For purposes of this
subparagraph, not later than December 31, 2021,
a principal alien seeking special immigrant
status under this subsection shall submit an
application to the Chief of Mission.''.
(2) by striking subparagraph (C) and inserting the
following:
``(C) Carry forward.--If the numerical limitation
described in subparagraph (A)(i) is not reached for
fiscal year 2019, the numerical limitation for each
subsequent fiscal year shall be established at a number
equal to the difference between--
``(i) the numerical limitation described in
subparagraph (A)(i); and
``(ii) the number of principal aliens
granted special immigrant status under this
subsection during each fiscal year beginning in
fiscal year 2019.'';
(3) in subparagraph (D), by striking ``notwithstanding the
provisions of paragraph (C),''; and
(4) in subparagraph (F)--
(A) in clause (i), by striking ``2020'' and
inserting ``2020;'';
(B) in clause (ii), by striking ``2020'' and
inserting ``2020;'';
(C) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and
indenting appropriately;
(D) in the matter preceding subclause (I) (as so
redesignated), in the second sentence, by striking
``For purposes'' and inserting the following:
``(ii) Requirements.--For purposes'';
(E) in the matter preceding clause (ii) (as so
designated)--
(i) by striking ``exhausted,,'' and
inserting ``exhausted,''; and
(ii) by striking ``In addition'' and
inserting the following:
``(i) In general.--In addition''; and
(F) by adding at the end the following:
``(iii) Unused visas.--Any unused balance
under this subparagraph shall be added to the
number under subparagraph (A)(i) for use in
fiscal year 2019.''.
(c) Conversion of Petitions.--Section 2 of Public Law 110-242 (8
U.S.C. 1101 note) is amended by striking subsection (b) and inserting
the following:
``(b) Duration.--The authority under subsection (a) shall expire on
the date on which the numerical limitation specified under section 1244
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 8 U.S.C. 1157 note) is reached.''.
(d) Report Reform.--Section 602 of the Afghan Allies Protection Act
of 2009 (8 U.S.C. 1101 note) is amended--
(1) in subsection (b)--
(A) by striking paragraph (10);
(B) by redesignating paragraphs (11) through (16)
as paragraphs (10) through (15), respectively;
(C) in paragraph (11)(A) (as so redesignated), by
striking ``the National Defense Authorization Act for
Fiscal Year 2014'' and inserting ``this Act'';
(D) in paragraph (12) (as so redesignated), by
striking ``paragraph (12)(B)'' and inserting
``paragraph (11)(B)''; and
(E) in paragraph (13) (as so redesignated), in the
matter preceding subparagraph (A), by striking ``a
report to the'' and all that follows through ``House of
Representatives'' and inserting ``a report to the
appropriate committees of Congress'';
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as subsection (c). | Afghan Allies Protection Amendments Act of 2018 This bill amends the Afghan Allies Protection Act of 2009 to authorize, in addition to any unused visas in prior fiscal years, up to 4,000 visas in FY2019 for the Afghan special immigrant visa program. That program provides special immigrant visa status for Afghans (and certain family members) who are threatened because of their work as translators, interpreters, or support staff for the U.S. government or its Armed Forces in Afghanistan. The bill also requires that the period of employment for Afghans eligible for the special visa end by December 31, 2021, and that Afghans seeking special immigrant status must apply to the Chief of Mission in Afghanistan by that same date. | {"src": "billsum_train", "title": "Afghan Allies Protection Amendments Act of 2018"} | 1,162 | 156 | 0.576486 | 1.546969 | 0.721555 | 1.534351 | 7.580153 | 0.648855 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing America's Future Uniformed
Services Act (SAFE-USA) of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The steady decline in the defense budget during the
past 15 years has eroded the readiness of the Armed Forces to
execute those missions called for under the National Military
Strategy to the point where the Joint Chiefs of Staff have
repeatedly characterized the ability of the Armed Forces to
execute the National Military Strategy as representing
``moderate to high risk''.
(2) This erosion in readiness of the Armed Forces,
particularly in recent years, has resulted from inadequate
rates of equipment modernization, delayed equipment
maintenance, degraded quality and quantity of combat training,
and a declining quality of life for members of the Armed Forces
and their families.
(3) The declining quality of life for members of the Armed
Forces and their families has resulted from a range of factors,
including inadequacies in pay and benefits, military
retirement, health care, military housing, and family support
programs, as shown by the following:
(A) Low military pay, estimated on average to be
13.5 percent behind civilian levels, is forcing
servicemembers and their families to struggle to make
ends meet.
(B) Inequities in the current military retirement
system are a contributing factor to the current
military personnel retention problem.
(C) Growing dissatisfaction with military health
care is another important factor contributing to
military retention problems.
(D) Military families and unaccompanied military
personnel continue to live in inadequate facilities, as
indicated by the fact that military barracks and
dormitories are on average over 45 years old and almost
two-thirds of military family housing has been deemed
by the Department of Defense as unsuitable.
(E) With a current force in which 65 percent of
military personnel are married, family support programs
are increasingly inadequate to meet their needs in the
face of historically high rates of peacetime operations
and the resulting increase in family separations.
(4) The drawdown of the Armed Forces during the post-Cold
War period, combined with the dramatic increase in the pace of
military operations during the same period, has resulted in
significant strains on military personnel and their families.
(5) The Armed Forces face severe recruiting and retention
difficulties and shortages of personnel with high-demand
skills.
(6) Surveys conducted by the Armed Forces and testimony
before Congress indicate that the leading factors in declining
retention rates are inadequate pay, family separations
resulting from increased contingency operations, and the lack
of adequate resources to carry out assigned missions.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States must provide the Armed Forces with
sufficient resources to maintain the necessary capability to
execute the National Military Strategy with minimal risk; and
(2) despite past congressional efforts to improve military
pay and benefits and housing, health care, and family support
programs, a comprehensive effort is required to revitalize and
sustain the all-volunteer force and address the decline in the
quality of life for members of Armed Forces and their families
by--
(A) significantly improving the quality and
availability of affordable housing for military
families and enhancing the condition of housing for
unaccompanied military personnel;
(B) reforming the military retirement system to
permit the Armed Forces to retain sufficient high-
quality personnel to meet requirements; and
(C) enhancing pay and benefits to permit the Armed
Forces to recruit and retain high-quality personnel.
SEC. 4. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC PAY.
(a) Increase in Basic Pay.--Effective on January 1, 2000, the rates
of monthly basic pay for members of the uniformed services shall be
increased by 4.8 percent.
(b) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2000 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made. | Securing America's Future Uniformed Services Act (SAFE-USA) of 1999 - Expresses the sense of the Congress that: (1) the United States must provide its armed forces with sufficient resources to maintain the capability to execute the national military strategy with minimal risk; and (2) a comprehensive effort is required to revitalize and sustain the all-volunteer force and to address the decline in the quality of life for military personnel and their families, especially with regard to military housing, pay, and retirement benefits.
Increases by 4.8 percent, as of January 1, 2000, the rates of monthly basic pay for military personnel. Waives, during FY 2000, the required adjustment of such pay in conformance with the General Schedule of the Federal Government. | {"src": "billsum_train", "title": "Securing America's Future Uniformed Services Act (SAFE-USA) of 1999"} | 891 | 158 | 0.532637 | 1.68441 | 0.669975 | 4.465753 | 5.794521 | 0.90411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Midwest Clean Air Gasoline Reserve
Act''.
SEC. 2. AUTHORITY TO ESTABLISH RESERVE.
The Secretary of Energy may establish, maintain, and operate in the
Midwest a Midwest Clean Air Gasoline Reserve. A Reserve established
under this Act is not a component of the Strategic Petroleum Reserve. A
Reserve established under this Act shall contain no more than 1,000,000
barrels of reformulated gasoline.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Midwest'' means the States or parts of
States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota,
Missouri, Nebraska, North Dakota, Ohio, South Dakota, and
Wisconsin which are required by the Environmental Protection
Agency under section 211(k) of the Clear Air Act to use
reformulated gasoline; and
(2) the term ``reformulated gasoline'' includes any of the
compositions of gasoline which are required by the
Environmental Protection Agency, under section 211(k) of the
Clean Air Act, to be used.
SEC. 4. SECRETARY'S AUTHORITY.
To the extent necessary or appropriate to carry out this Act, the
Secretary of Energy may--
(1) purchase, contract for, lease, or otherwise acquire, in
whole or in part, storage and related facilities, and storage
services;
(2) use, lease, maintain, sell, or otherwise dispose of
storage and related facilities required under this Act;
(3) acquire by purchase, exchange (including exchange of
petroleum products from the Strategic Petroleum Reserve or
received as royalty from Federal lands), lease, or otherwise--
(A) reformulated gasoline; or
(B) petroleum products for refinement into
reformulated gasoline,
for storage in the Midwest Clean Air Gasoline Reserve;
(4) enter into contracts or other arrangements for the
storage of reformulated gasoline or other petroleum products in
facilities not owned by the United States; and
(5) sell, exchange, or otherwise dispose of reformulated
gasoline or other petroleum products from the Reserve
established under this Act pursuant to section 5.
SEC. 5. CONDITIONS FOR RELEASE; PLAN.
(a) Conditions for Release.--Except as provided in subsection (b),
the Secretary of Energy may release reformulated gasoline only in the
event of--
(1) a severe energy supply disruption;
(2) a severe price increase; or
(3) another emergency affecting the Midwest,
which the President determines to merit a release from the Reserve.
(b) Exception.--The Secretary of Energy may, on terms the Secretary
considers reasonable, sell, exchange, or otherwise dispose of
reformulated gasoline from the Reserve established under this Act in
order to maintain the quality or quantity of the reformulated gasoline
stocks in the Reserve or to maintain the operational capability of the
Reserve.
(c) Plan.--Within 45 days after the date of the enactment of this
Act, the Secretary of Energy shall transmit to the Congress a report
indicating whether the Secretary intends to establish a Reserve under
this Act or not. If the Secretary intends to establish a Reserve, the
report shall include--
(1) a plan for the acquisition of storage and related
facilities or storage services for the Reserve;
(2) a plan for the acquisition of reformulated gasoline or
other petroleum products for storage in the Reserve;
(3) a description of the anticipated methods of disposition
of reformulated gasoline or other petroleum products from the
Reserve; and
(4) a description of the estimated costs of establishment,
maintenance, and operation of the Reserve.
If the Secretary decides not to establish a Reserve, the report shall
include an explanation of the reasons for such decision.
(d) Storage.--The storage under this Act of reformulated gasoline
or other petroleum products in a storage facility that meets all
applicable Federal and State environmental requirements shall not be
considered a ``major Federal action significantly affecting the quality
of the human environment'' as that term is used in section 102(2)(C) of
the National Environmental Policy Act of 1969.
SEC. 6. MIDWEST CLEAN AIR GASOLINE RESERVE ACCOUNT.
(a) Establishment.--Upon a decision of the Secretary of Energy to
establish a Reserve under this Act, the Secretary of the Treasury shall
establish in the Treasury of the United States an account known as the
Midwest Clean Air Gasoline Reserve Account (referred to in this section
as the ``Account'').
(b) Deposits.--The Secretary of the Treasury shall deposit in the
Account any amounts appropriated to the Account and any receipts from
the sale, exchange, or other disposition of reformulated gasoline from
the Reserve.
(c) Use of Funds.--The Secretary of Energy may obligate amounts in
the Account to carry out activities under this Act without the need for
further appropriation, and amounts available to the Secretary of Energy
for obligation under this section shall remain available without fiscal
year limitation. | Authorizes the Secretary to release reformulated gasoline only in the event of a presidentially determined: (1) severe energy supply disruption; (2) severe price increase; or (3) other emergency affecting the Midwest.
Directs the Secretary of the Treasury to establish the Midwest Clean Air Gasoline Reserve Account in the Treasury to accept receipts from the disposition of reformulated gasoline from the Reserve. | {"src": "billsum_train", "title": "Midwest Clean Air Gasoline Reserve Act"} | 1,074 | 80 | 0.622178 | 1.526603 | 0.394417 | 3.520548 | 13.835616 | 0.917808 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expungement Act of 2017''.
SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT
OFFENDERS.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by inserting after subchapter C the following new subchapter:
``subchapter d--expungement
``Sec.
``3631. Expungement of certain criminal records in limited
circumstances.
``3632. Requirements for expungement.
``3633. Procedure for expungement.
``3634. Effect of expungement.
``3635. Reversal of expunged records.
``3636. Unsealing of records.
``Sec. 3631. Expungement of certain criminal records in limited
circumstances
``(a) In General.--Any individual convicted of a nonviolent offense
who fulfills the requirements of section 3632 may file a petition under
this subchapter to expunge the record of such conviction.
``(b) Definition of Nonviolent Offense.--In this subchapter, the
term `nonviolent offense' means a misdemeanor or felony offense against
the United States that does not have as an element of the offense the
use of a weapon or violence and which did not actually involve violence
in its commission.
``Sec. 3632. Requirements for expungement
``No individual shall be eligible for expungement under this
subchapter unless, before filing a petition under this subchapter, such
individual--
``(1) has never been convicted of a violent offense
(including an offense under State law that would be a violent
offense if it were Federal) and has been convicted of not more
than one nonviolent offense other than the one for which
expungement is sought;
``(2) has fulfilled all requirements of the sentence of the
court in which conviction was obtained, including completion of
any term of imprisonment or period of probation, meeting all
conditions of a supervised release;
``(3) has remained free from dependency on or abuse of
alcohol or a controlled substance a minimum of 1 year and has
been rehabilitated, to the satisfaction of the court referred
to in section 3633(b), if so required by the terms of a
supervised release; and
``(4) has obtained a high school diploma or completed a
high school equivalency program.
``Sec. 3633. Procedure for expungement
``(a) Petition.--An individual may file a petition for expungement
in the court in which the conviction was obtained. A copy of the
petition shall be served by the court upon the United States Attorney
for the district in which the conviction sought to be expunged was
obtained. Not later than 60 days after receipt of such petition, the
United States Attorney may submit written recommendations to the court
and notify the petitioner of that recommendation.
``(b) Court-Ordered Expungement.--The court, after consideration of
evidence submitted by the petitioner in support of the petition and any
evidence submitted by the Government in support of objections it may
have to granting the petition, shall rule on the petition. In making
that ruling, the court, after determining whether the petitioner meets
the eligibility requirements of this subchapter, shall weigh the
interests of the petitioner against the best interests of justice and
public safety. If denied, the person may file a new petition one year
after the date of the court's ruling.
``Sec. 3634. Effect of expungement
``(a) In General.--An order granting expungement under this
subchapter shall restore the individual concerned, in the contemplation
of the law, to the status such individual occupied before the arrest or
institution of criminal proceedings for the crime that was the subject
of the expungement.
``(b) No Disqualification; Statements.--After an order granting
expungement of any individual's criminal records under this subchapter,
such individual shall not be required to divulge information pertaining
to the expunged conviction and the fact that such individual has been
convicted of the criminal offense concerned shall not--
``(1) operate as a disqualification of such individual to
pursue or engage in any lawful activity, occupation, or
profession; and
``(2) be held under any provision of law guilty of perjury,
false answering, or making a false statement by reason of his
failure to recite or acknowledge such arrest or institution of
criminal proceedings, or results thereof, in response to an
inquiry made of him for any purpose.
``(c) Records Expunged or Sealed.--Upon order of expungement, all
official law enforcement and court records, including all references to
such person's arrest for the offense, the institution of criminal
proceedings against him, and the results thereof, except publicly
available court opinions or briefs on appeal, shall be expunged (in the
case of nontangible records) or gathered together and sealed (in the
case of tangible records).
``(d) Record of Disposition To Be Retained.--A nonpublic record of
a disposition or conviction that is the subject of an expungement order
shall be retained only by the Department of Justice solely for the
purpose of use by the courts in any subsequent adjudication.
``Sec. 3635. Disclosure of expunged records
``(a) Law Enforcement Purposes.--The Department of Justice may
maintain a nonpublic manual or computerized index of expunged records
containing only the name of, and alphanumeric identifiers that relate
to, the persons who are the subject of such expunged records, the word
`expunged', and the name of the person, agency, office, or department
that has custody of the expunged records, and shall not name the
offense committed. The index shall be made available only to Federal
and State law enforcement personnel who have custody of such expunged
records and only for the purposes set forth in subsection (b) of this
section.
``(b) Authorized Disclosure.--Such records shall be made available
to the person accused or to such person's designated agent and shall be
made available to--
``(1) any prosecutor, law enforcement agency, or court
which has responsibility for criminally investigating,
prosecuting, or adjudicating such individual;
``(2) any State or local office or agency with
responsibility for the issuance of licenses to possess guns
where the accused has made application for such license; or
``(3) any prospective city, State, or Federal employer or
agency, involved in investigating and/or prosecuting under
criminal or civil statutes including employers of police or
peace officers and in relation to an application for employment
as an employee of a city, State, or Federal employer or agency
involved in investigating or prosecuting under criminal or
civil statutes including as a police officer or peace officer,
and every person who is an applicant for the position of police
officer, peace officer, or any other prospective city, State,
or Federal employer or agency, involved in investigating or
prosecuting under criminal or civil statutes shall be furnished
with a copy of all records obtained under this paragraph and
afforded an opportunity to make an explanation thereto.
``(c) Punishment for Improper Disclosure.--Any person who knowingly
disseminates information relating to an expunged conviction other than
the offender shall be fined under this title or imprisoned not more
than one year, or both.
``Sec. 3636. Reversal of expunged records
``The records expunged under this subchapter shall be restored by
operation of law as public records and may be used in all court
proceedings if the individual whose conviction was expunged is
subsequently convicted of any Federal or State offense.''.
(b) Clerical Amendment.--The table of subchapters at the beginning
of chapter 229 of title 18, United States Code, is amended by adding at
the end the following item:
``D. Expungement........................................ 3631''.
(c) Effective Date.--The amendments made by this Act shall apply to
individuals convicted of an offense before, on, or after the date of
enactment of this Act. | Expungement Act of 2017 This bill amends the federal criminal code to establish a process to expunge an individual's records related to a nonviolent criminal offense. A nonviolent criminal offense is a federal misdemeanor or felony offense that: (1) does not include, as an element, the use of a weapon or violence; and (2) does not involve violence in its commission. To be eligible for expungement, an individual must: have no violent offense convictions and not more than one other nonviolent offense conviction; avoid drug or alcohol dependency or abuse; obtain a high school diploma; and fulfill the requirements of a court-ordered sentence, such as complete a prison term and meet the conditions of supervised release. | {"src": "billsum_train", "title": "Expungement Act of 2017"} | 1,891 | 164 | 0.588596 | 1.639234 | 0.774305 | 2.036765 | 11.926471 | 0.889706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Safety and Health Act
of 1993''.
SEC. 2. COVERAGE OF THE HOUSE OF REPRESENTATIVES.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 668) is
amended by redesignating sections 20 through 34 as sections 21 through
35, respectively, and by adding after section 19 the following:
``coverage of the house of representatives
``Sec. 20. (a) Each employing authority and instrumentality of
Congress shall comply with section 5, with the occupational safety and
health standards issued under section 6, and with the requirements and
regulations issued under section 8.
``(b) The Secretary shall conduct random inspections of places of
employment under the jurisdiction or control of employing authorities
and the instrumentalities of Congress. Such inspections shall be
conducted at least once during each Congress. The Secretary shall also
respond to any request that meets the conditions of section 8(f). Such
inspections shall identify each condition which the Secretary believes
is a violation of a requirement under section 5, of an occupational
safety and health standard issued under section 6, or of a regulation
issued under section 8. Upon completion of such inspection, the
Secretary shall report all such conditions to the Director of Non-
Legislative and Financial Services of the House of Representatives.
``(c) The Director of Non-Legislative and Financial Services of the
House of Representatives, shall, as soon after the receipt of a report
under subsection (b) as is practicable, appoint a special counsel to
seek abatement of any conditions identified in such report as not in
compliance with the requirements of section 5, 6, or 8 and to assess
appropriate penalties against the employing authority or
instrumentality of Congress for noncompliance with such requirements.
Section 17 shall apply in any enforcement procedures brought under this
subsection.
``(d) Any employing authority or instrumentality of Congress which
is assessed a penalty under subsection (c) may appeal the assessment to
the Office of Fair Employment Practices which shall afford an
opportunity for a hearing and shall thereafter issue a decision based
on findings of fact which affirms, modifies, or vacates the actions of
the special counsel appointed under subsection (c). Any person
adversely affected or aggrieved by the decision of the Office of Fair
Employment Practices may obtain review of such decision by the United
States Court of Appeals for the circuit in which such violation is
alleged to have occurred or by the Court of Appeals for the District of
Columbia Circuit under the standards and conditions for review of
orders by the Commission in section 11.
``(e)(1) No person shall discharge or in any manner discriminate
against any employee because such employee has filed any complaint or
instituted or caused to be instituted under or related to this section
or has testified or is about to testify in any such proceeding or
because of the exercise by such employee on behalf of such employee or
others of any right afforded by this section.
``(2) Any employee who believes that such employee has been
discharged or otherwise discriminated against by any such person in
violation of paragraph (1) may, within 30 days after such violation
occurs, file a complaint with the Director of Non-Legislative and
Financial Services. Upon receipt of such complaint the Director shall
cause such investigation to be made as the Director deems appropriate.
If upon such investigation, the Director determines that paragraph (1)
has been violated, the Director shall bring an action in any
appropriate United States district court against such person. In any
such action the United States district courts shall have jurisdiction
for cause shown to restrain violations of paragraph (1) and order all
appropriate relief, including rehiring or reinstatement of the employee
to the employee's former position with back pay.
``(3) Within 90 days of the receipt of a complaint filed under
paragraph (2), the Director, shall notify the complainant of the
Director's determination under paragraph (2).
``(f) For purposes of this section--
``(1) the term `employing authority' has the meaning given
such term in the Fair Employment Practices Resolution (House
Resolution 558 of the One Hundredth Congress, as adopted
October 4, 1988, and incorporated into rule LI of the Rules of
the House of Representatives of the One Hundred and Second
Congress); and
``(2) the term `instrumentalities of the Congress' includes
the Architect of the Capitol, the Library of Congress, the
Congressional Budget Office, the General Accounting Office, the
Government Printing Office, the Office of Technology
Assessment, and the United States Botanic Garden.''. | Congressional Safety and Health Act of 1993 - Amends the Occupational Safety and Health Act of 1970 to apply such Act's provisions to the House of Representatives and the instrumentalities of the Congress. | {"src": "billsum_train", "title": "Congressional Safety and Health Act of 1993"} | 992 | 44 | 0.525408 | 1.312127 | 0.343459 | 3.8 | 27.542857 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soledad Canyon Mine Leases
Adjustment Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Transit Mixed Concrete Corporation holds two valid
Federal leases for the extraction of sand and gravel from the
Federal mineral estate in lands located in Soledad Canyon
adjacent to the City of Santa Clarita, California, numbered CA-
20139 and CA-22901. Such lands contain approximately 56 million
tons of sand and gravel.
(2) Mining 56 million tons of sand and gravel under the
terms of the leases would produce harm to the environment and
cause major transportation problems for the City of Santa
Clarita, surrounding areas, and other users of the
transportation systems in the vicinity.
(3) It is in the best interest of the citizens of
California and the Federal Government to cancel those leases
and make available new leases for those resources that reflect
the level of mining that has historically occurred in the
Soledad Canyon area of California.
(4) TMC should be offered resources extraction
opportunities of similar economic value in other areas of
California that would not impact the environment and
transportation systems to the degree that they would have been
impacted in the Soledad Canyon.
(5) TMC should receive credit for reasonable and customary
costs associated with their efforts to develop leases CA-20139
and CA-22901.
(6) A site-specific solution that is fair to TMC, protects
the environment, and has minimal impact on local transportation
system is in the best interest of the Nation.
(7) Considerable sums of money have been expended by all
parties trying to insure their interests are protected with
respect to leases CA-20139 and CA-22901, with no conclusion
foreseen at this time.
(b) Purposes.--The purposes of this Act are the following:
(1) To provide to the Bureau of Land Management a mechanism
that is not available under existing law to cancel leases CA-
20139 and CA-22901 and provide new leasing opportunities in the
Soledad Canyon that reflect the historical production levels.
(2) To provide a means for TMC to recover and transfer to
other Federal resources the amounts expended trying to develop
leases CA-20139 and CA-22901.
(3) To provide the Bureau of Land Management tools to
evaluate expenses incurred by TMC and provide relief.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) TMC.--The term ``TMC'' means the Transit Mixed Concrete
Corporation.
(3) The term ``historical production levels'' means
production of 300,000 tons of aggregate produced for sale per
calendar year.
SEC. 4. TMC LEASE CANCELLATIONS AND EXCHANGE OF VALUES EXPENDED.
(a) Leases Cancellations.--The Secretary shall cancel Bureau of
Land Management leases CA-20139 and CA-22901 effective on the date of
the enactment of this Act.
(b) Exchange for Economic Values.--
(1) In general.--In exchange for the economic value
invested in trying to bring leases CA-20139 and CA-22901 into
commercial production the Secretary shall provide to TMC other
financial and mineral production opportunities in accordance
with subsection (d).
(2) Values assigned to leases.--For purposes of paragraph
(1), the economic value invested is an amount equal to the sum
of the following:
(A) All amounts paid to the United States with
respect to the leases as bonus bids or other
prepayments.
(B) Interest on amounts referred to in subparagraph
(A), from the date of payment of such amounts to the
United States, at a rate determined by the Secretary.
(C) Amounts expended by TMC in securing the leases
and trying to bring them into production, including--
(i) reasonable costs associated with the
engineering and environmental studies
associated with the leases; and
(ii) reasonable legal costs associated with
efforts to exercise the rights granted in the
leases.
(c) Submission of Expenses Incurred.--
(1) In general.--To assist in the determination of the
amounts expended referred to in subsection (b)(2)(C), TMC shall
submit to the Secretary within 90 days after the date of the
enactment of this Act an itemized list of such amounts, with
enough detail and supporting documentation so the Secretary can
determine that the expenses are associated with the leases and
are reasonable.
(2) Arbitration.--The Secretary's determination of the
amounts expended referred to in subsection (b)(2)(C) shall be
issued within 90 days of receipt of the itemized list required
under paragraph (1). If the Secretary disapproves such list,
the Secretary shall, upon request of TMC, determine the
economic value invested for purposes of subsection (b)(2)
through arbitration in accordance with subchapter IV of chapter
5 of title 5, United States Code.
(d) Return of Value Opportunities for TMC.--Financial and mineral
production opportunities provided under subsection (b)(1) may be in the
form of one or a combination of any of the following that is mutually
agreed to by the Secretary and TMC:
(1) Interests in the mineral estate in Federal lands in the
State of California that are available for leasing under the
Mineral Leasing Act (30 U.S.C. 181 et seq.).
(2) Interests in the surface estate in Federal lands in the
State of California that are under the administrative
jurisdiction of the Secretary and that are available for
disposal.
(e) Referral to Court of Claims.--
(1) Referral.--If the Secretary and TMC do not reach
agreement under subsection (b) regarding the financial and
mineral production opportunities to be provided by the
Secretary under subsection (b)(1) within 24 months after date
of the enactment of this Act, the Secretary shall refer the
issue to the United States Court of Federal Claims for
resolution.
(2) Resolution by court.--In any referral under this
subsection, the court shall--
(A) determine the economic value invested for
purposes of subsection (b)(2); and
(B) determine and order the Secretary to provide
financial and mineral production opportunities for
purposes of subsection (b)(1) and subsection (d).
SEC. 5. LIMITATIONS ON FUTURE LEASING FOR SAND AND GRAVEL IN SOLEDAD
CANYON AREA OF CALIFORNIA.
(a) Limitation on Rate of Mining.--The Secretary may not issue any
lease for mining sand and gravel in the Soledad Canyon area of
California as described on the map titled ___ and dated ___ on file
with the Secretary of Interior that in aggregate exceeds the historical
production level.
(b) Consultation and Considerations.--Before issuing any lease
authorizing the mining of sand or gravel in the Soledad Canyon area of
California, the Secretary shall--
(1) consult with the City of Santa Clarita, California, Los
Angeles County, California, and surface owners in that area;
and
(2) take into consideration the environmental and
transportation concerns of such mining in that area. | Soledad Canyon Mine Leases Adjustment Act - Instructs the Secretary of the Interior to cancel Bureau of Land Management leases CA-20139 and CA-22901 on lands subject to a federal mineral estate, which are located in Soledad Canyon adjacent to Santa Clarita, California.
Directs the Secretary to provide to the Transit Mixed Concrete Corporation (TMC) other financial and mineral production opportunities in exchange for the economic value invested in trying to bring leases CA-20139 and CA-22901 into commercial production.
Requires TMC to submit to the Secretary an itemized list with supporting documentation so the Secretary can determine that expenses associated with the leases are reasonable.
Prohibits the Secretary from issuing leases for mining sand and gravel in the Soledad Canyon area of California that in the aggregate authorize mining exceeding historical production levels.
Requires the Secretary, before issuing any lease authorizing the mining of sand or gravel in such area, to: (1) consult with the city of Santa Clarita, California, Los Angeles County, California, and the surface owners in the area; and (2) take into consideration the environmental and transportation concerns of such mining on the area. | {"src": "billsum_train", "title": "To provide to the Bureau of Land Management a mechanism to cancel certain mining leases for lands in the leases CA-20139 and CA-22901 and provide new leasing opportunities in the Soledad Canyon adjacent to the City of Santa Clarita, California, that reflect the historical mining levels, and for other purposes."} | 1,569 | 253 | 0.699627 | 2.265624 | 0.873089 | 4.791469 | 6.734597 | 0.952607 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robert M. La Follette, Sr.
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Robert M. La Follette, Sr., better known as ``Fighting
Bob'' La Follette, was born 150 years ago, on June 14, 1855, in
Primrose, Wisconsin.
(2) Fighting Bob was elected to 3 terms in the United
States House of Representatives, 3 terms as Governor of
Wisconsin, and 4 terms as a United States Senator.
(3) Fighting Bob founded the Progressive wing of the
Republican Party.
(4) Fighting Bob was a lifelong supporter of civil rights
and women's suffrage, earning respect and support from such
distinguished Americans as Frederick Douglass and Harriet
Tubman Upton.
(5) Fighting Bob helped to make the ``Wisconsin Idea'' a
reality at the Federal and State level, instituting election
reforms, environmental conservation, railroad rate regulation,
increased education funding, and business regulation.
(6) Fighting Bob was a principal advocate for the
Seventeenth Amendment to the Constitution of the United States,
which calls for the election of United States Senators by
popular vote.
(7) Fighting Bob delivered an historic speech, ``Free
Speech in Wartime'', opposing the public persecution of those
who sought to hold their Government accountable.
(8) Fighting Bob played a key role in exposing the
corruption during the Teapot Dome Scandal.
(9) Fighting Bob and his wife, Belle Case La Follette,
founded La Follette's Weekly, now renamed The Progressive, a
monthly magazine for the Progressive community.
(10) Fighting Bob ran for the presidency on the Progressive
ticket in 1924, winning more than 17 percent of the popular
vote.
(11) The Library of Congress recognized Fighting Bob in
1985 by naming the Congressional Research Service reading room
in the Madison Building in honor of both Robert M. La Follette,
Sr., and his son, Robert M. La Follette, Jr., for their shared
commitment to the development of a legislative research service
to support the United States Congress.
(12) Fighting Bob was honored in 1929 with 1 of 2 statues
representing the State of Wisconsin in National Statuary Hall
in the United States Capitol.
(13) Fighting Bob was chosen as 1 of ``Five Outstanding
Senators'' by the Special Committee on the Senate Reception
Room in 1957.
(14) A portrait of Fighting Bob was unveiled in the Senate
Reception Room in March 1959.
(15) Fighting Bob was revered by his supporters for his
unwavering support of his ideals, and for his tenacious pursuit
of a more just and accountable Government.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall mint and issue not more than
500,000 $1 coins in commemoration of Robert M. La Follette, Sr., each
of 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. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be developed in consultation with artists from the
State of Wisconsin, and shall be emblematic of the life and
accomplishments of Robert M. La Follette, Sr.
(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 in which the coin is
minted; 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
artists from the State of Wisconsin and the Commission of Fine
Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) 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 may issue coins minted
under this Act only during the calendar year beginning on January 1,
2006.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins minted 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 (b) 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) Surcharges.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
(c) Bulk Sales.--The Secretary shall make bulk sales of the coins
minted under this Act at a reasonable discount.
(d) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. DISTRIBUTION OF SURCHARGES.
Subject to section 5134(f) of title 31, United States Code, all
surcharges received by the Secretary from the sale of coins minted
under this Act shall be deposited into the United States Mint Public
Enterprise Fund.
SEC. 8. 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. | Robert M. La Follette, Sr. Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins in commemoration of Robert M. La Follette, Sr., and emblematic of his life and accomplishments.
Restricts coin issuance to calendar year 2006. Imposes a surcharge of $10 per coin, to be deposited into the United States Mint Public Enterprise Fund. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of Robert M. La Follette, Sr., in recognition of his important contributions to the Progressive movement, the State of Wisconsin, and the United States."} | 1,567 | 93 | 0.378234 | 1.154672 | 0.431558 | 5.684932 | 19.534247 | 0.945205 |
.
Chapter 13 of title 31, United States Code, is amended by inserting
after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill or continuing resolution
for a fiscal year does not become law before the beginning of such
fiscal year, there is appropriated, out of any moneys in the Treasury
not otherwise appropriated, and out of applicable corporate or other
revenues, receipts, and funds, such sums as may be necessary to
continue any project or activity for which funds were provided in the
preceding fiscal year--
``(A) in the corresponding regular appropriation Act or
continuing resolution for such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill or
continuing resolution for such preceding fiscal year did not
become law, then pursuant to this section.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of--
``(A) the rate of operations provided for in the regular
appropriation Act or continuing resolution providing for such
project or activity for the preceding fiscal year, or
``(B) in the absence of such an Act or continuing
resolution, the rate of operations provided for such project or
activity pursuant to this section for such preceding fiscal
year.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of such fiscal year and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill or continuing resolution for such fiscal
year becomes law (whether or not such law provides for such
project or activity), and
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made, funds made available, or authority
granted for such project or activity for the preceding fiscal year.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or continuing resolution providing for such project or activity
for such period becomes law.
``(e) No appropriation is made by reason of subparagraph (B) of
subsection (a)(1) for a fiscal year for any project or activity for
which there is no authorization of appropriations for such fiscal year.
``(f) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period, or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(g) For purposes of this section:
``(1) The term `regular appropriation bill' means any
regular appropriation bill (within the meaning given to such
term in section 307 of the Congressional Budget Act of 1974 (2
U.S.C. 638)) making appropriations, otherwise making funds
available, or granting authority, for any of the following
categories of projects and activities:
``(A) Agriculture, rural development, and related
agencies programs.
``(B) The Departments of Commerce, Justice, and
State, the Judiciary, and related agencies.
``(C) The Department of Defense.
``(D) The government of the District of Columbia
and other activities chargeable in whole or in part
against the revenues of the District.
``(E) The Departments of Labor, Health and Human
Services, and Education, and related agencies.
``(F) The Department of Housing and Urban
Development, and sundry independent agencies, boards,
commissions, corporations, and offices.
``(G) Energy and water development.
``(H) Foreign assistance and related programs.
``(I) The Department of the Interior and related
agencies.
``(J) Military construction.
``(K) The Department of Transportation and related
agencies.
``(L) The Treasury Department, the U.S. Postal
Service, the Executive Office of the President, and
certain independent agencies.
``(M) The legislative branch.
``(2) The term `continuing resolution' means any joint
resolution making continuing appropriations for all or part of
any fiscal year.''.
SEC. 2. CONFORMING AMENDMENT.
The analysis of chapter 13 of title 31, United States Code, is
amended by inserting after the item relating to section 1310 the
following new item:
``1311. Continuing appropriations.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to fiscal years
beginning after September 30, 1995. | Provides for an automatic continuing appropriation for the U.S. Government whenever a regular appropriation bill or continuing resolution for a fiscal year does not become law prior to the beginning of such fiscal year. Appropriates such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year in the amount provided: (1) in the corresponding regular appropriation Act or continuing resolution for such preceding fiscal year; or (2) if such corresponding appropriation bill or continuing resolution did not become law, then as provided by this Act.
Sets forth the terms and conditions relating to such continuing appropriations. Prohibits funding for any project or activity: (1) for which there is no authorization of appropriations for such fiscal year; or (2) during a fiscal year if any other provision of law makes an appropriation, makes funds available, grants continuation authority, or specifically prohibits funding or authority for such project or activity. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to provide an automatic continuing appropriation for the United States Government."} | 1,205 | 209 | 0.702285 | 1.724443 | 0.879686 | 4.929348 | 6.391304 | 0.918478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Green School Bus Act of
2001''.
SEC. 2. ESTABLISHMENT OF PILOT PROGRAM.
(a) Establishment.--The Secretary of Energy (in this Act referred
to as the ``Secretary'') shall establish a pilot program for awarding
grants on a competitive basis to eligible entities for facilitating the
use of alternative fuel school buses through school bus replacement and
fleet expansion programs under this section.
(b) Requirements.--Not later than 3 months after the date of the
enactment of this Act, the Secretary shall establish and publish in the
Federal Register grant requirements on eligibility for assistance, and
on management, transfer, and ultimate disposition of buses, including
certification requirements to ensure compliance with this Act.
(c) Solicitation.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall solicit proposals for grants
under this section.
(d) Eligible Recipients.--A grant shall be awarded under this
section only--
(1) to a local governmental entity responsible for
providing school bus service for one or more public school
systems; or
(2) jointly to an entity described in paragraph (1) and a
contracting entity that provides school bus service to the
public school system or systems.
(e) Types of Grants.--
(1) In general.--Grants under this section may be for the
purposes described in paragraph (2), paragraph (3), or both.
(2) Replacement bus grants.--A grant under this section may
be used for the acquisition of replacement buses pursuant to
subsection (f).
(3) Fleet expansion bus grants.--A grant under this section
may be used for the acquisition of not more than 10 buses to
expand a fleet of school buses in an area with a high
proportion of low-income families.
(f) Replacement Bus Grants.--
(1) Replacement.--For each bus acquired under a replacement
bus grant, one older model year bus shall be retired from
active service and crushed as provided in paragraph (2).
(2) Bus acquisition.--Buses acquired under a replacement
bus grant shall be acquired in the following order:
(A) First, new buses will replace buses
manufactured before model year 1977, and the older
buses replaced shall be crushed.
(B) If all buses manufactured before model year
1977 owned or operated by the grant recipient have been
replaced, additional new buses will replace diesel-
powered buses manufactured before model year 1991,
which shall either--
(i) be crushed; or
(ii) be exchanged by the grant recipient
for buses manufactured before model year 1977
from another bus fleet, with that bus then
being crushed.
Exchanges made under subparagraph (B)(ii) shall be made without
profit or other economic benefit to the grant recipient.
(3) Priority of grant applications.--The Secretary shall
give priority to awarding grants to applicants emphasizing the
replacement of buses manufactured before model year 1977.
(g) Conditions of Grant.--A grant provided under this section shall
include the following conditions:
(1) All buses acquired with funds provided under the grant
shall be operated as part of the school bus fleet for which the
grant was made for a minimum of 5 years.
(2) Funds provided under the grant may only be used--
(A) to pay the cost, except as provided in
paragraph (3), of new alternative fuel school buses,
including State taxes and contract fees; and
(B) to provide--
(i) up to 10 percent of the price of the
alternative fuel buses acquired, for necessary
alternative fuel infrastructure if the
infrastructure will only be available to the
grant recipient; and
(ii) up to 15 percent of the price of the
alternative fuel buses acquired, for necessary
alternative fuel infrastructure if the
infrastructure will be available to the grant
recipient and to other bus fleets.
(3) The grant recipient shall be required to provide--
(A) in the case of a replacement bus acquired as
described in subsection (f)(2)(A) to replace a bus
manufactured before model year 1977, 10 percent of the
total cost of the bus, but not more than $10,000;
(B) in the case of a replacement bus acquired as
described in subsection (f)(2)(B)(ii) to replace a
diesel-powered bus manufactured before model year 1991
for exchange for a bus manufactured before model year
1977, 10 percent of the total cost of the bus, but not
more than $10,000; and
(C) in the case of a replacement bus acquired as
described in subsection (f)(2)(B)(i) to replace a
diesel-powered bus manufactured before model year 1991,
25 percent of the total cost of the bus, but not more
than $25,000.
(h) Buses.--Funding under a grant made under this section may be
used to acquire only new school buses--
(1) with a gross vehicle weight of greater than 14,000
pounds;
(2) that are powered by a heavy duty engine;
(3) that emit not more than--
(A) for buses manufactured in model years 2001 and
2002, 2.5 grams per brake horsepower-hour of nonmethane
hydrocarbons and oxides of nitrogen and .01 grams per
brake horsepower-hour of particulate matter; and
(B) for buses manufactured in model years 2003
through 2006, 1.8 grams per brake horsepower-hour of
nonmethane hydrocarbons and oxides of nitrogen and .01
grams per brake horsepower-hour of particulate matter;
and
(4) that are powered substantially by electricity
(including electricity supplied by a fuel cell), or by
liquefied natural gas, compressed natural gas, liquefied
petroleum gas, hydrogen, propane, or methanol or ethanol at no
less than 85 percent by volume.
(i) Deployment and Distribution.--The Secretary shall seek to the
maximum extent practicable to achieve nationwide deployment of
alternative fuel school buses through the program under this section,
and shall ensure a broad geographic distribution of grant awards, with
a goal of no State receiving more than 10 percent of the grant funding
made available under this section for a fiscal year.
SEC. 3. FUEL CELL BUS DEVELOPMENT AND DEMONSTRATION PROGRAM.
(a) Establishment of Program.--The Secretary shall establish a
program for entering into cooperative agreements with private sector
fuel cell bus developers for the development of fuel cell-powered
school buses, and subsequently with not less than 2 units of local
government using natural gas-powered school buses and such private
sector fuel cell bus developers to demonstrate the use of fuel cell-
powered school buses.
(b) Cost Sharing.--The non-Federal contribution for activities
funded under this section shall be not less than--
(1) 20 percent for fuel infrastructure development
activities; and
(2) 50 percent for demonstration activities and for
development activities not described in paragraph (1).
(c) Funding.--No more than $25,000,000 of the amounts authorized
under section 4 may be used for carrying out this section for the
period encompassing fiscal years 2002 through 2006.
(d) Reports to Congress.--Not later than 3 years after the date of
the enactment of this Act, and not later than October 1, 2006, the
Secretary shall transmit to the Congress a report that--
(1) evaluates the process of converting natural gas
infrastructure to accommodate fuel cell-powered school buses;
and
(2) assesses the results of the development and
demonstration program under this section.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for
carrying out this Act--
(1) $40,000,000 for fiscal year 2002;
(2) $50,000,000 for fiscal year 2003;
(3) $60,000,000 for fiscal year 2004;
(4) $70,000,000 for fiscal year 2005; and
(5) $80,000,000 for fiscal year 2006. | Clean Green School Bus Act of 2001 - Directs the Secretary of Energy to establish: (1) a pilot grants award program for the acquisition of alternative fuel school buses nationwide through school bus replacement and fleet expansion grants; and (2) a fuel cell bus development and demonstration program with private sector fuel cell bus developers for fuel cell-powered school buses. | {"src": "billsum_train", "title": "To establish a pilot program within the Department of Energy to facilitate the use of alternative fuel school buses through grants for energy demonstration and commercial application of energy technology, and for other purposes."} | 1,679 | 70 | 0.621935 | 1.448915 | 0.909643 | 3.492754 | 23.289855 | 0.971014 |
SECTION 1. AUTHORITY TO IMPOSE SECONDARY MARKET FEES.
(a) Section 5(g) of the Small Business Act (15 U.S.C. 634) is
amended by striking paragraph (4) and by inserting in lieu thereof the
following:
``(4) The Administration may collect the following fees for loan
guarantees sold into the secondary market pursuant to the provisions of
subsection (f): an amount equal to (A) not more than .4 percent per
year on the outstanding balance of such loan guaranteed by the
Administration, and (B) not more than 50 percent of that portion of the
sale price which is in excess of 110 percent of the outstanding
principal amount of such loan guaranteed by the Administration. Any
such fees imposed by the Administration shall be collected by the agent
which carries out on behalf of the Administration the central
registration functions required by subsection (h) of this section and
shall be paid to the Administration and used solely to reduce the
subsidy on loans guaranteed under section 7(a) of this Act: Provided,
That such fees shall not be charged to the borrower whose loan is
guaranteed: and, Provided further, That nothing herein shall preclude
any agent of the Administration from collecting a fee approved by the
Administration for the functions described in subsection (h)(2).''.
(b) Any new fees imposed by the Administration pursuant to the
authority conferred by subsection (a) shall be applicable only to loans
initially sold in the secondary market pursuant to the provisions of
section 5(f) of the Small Business Act after August 31, 1993.
SEC. 2. AUTHORITY TO REDUCE LOAN GUARANTEE PERCENTAGES.
(a) Section 7(a)(2) of the Small Business Act (15 U.S.C. 636) is
amended--
(1) by striking from the end of clause (B)(i) the word
``and'' and by redesignating clause (B)(ii) as (B)(iv) and by
inserting the following after clause (B)(i):
``(ii) not less than 75 percent of the
financing outstanding at the time of
disbursement, if such financing is more than
$155,000 and the period of maturity of such
financing is more than 10 years, except that
the participation by the Administration may be
reduced below 75 percent upon request of the
participating lender;
``(iii) not less than 85 percent of the
financing outstanding at the time of
disbursement, if such financing is more than
$155,000 and the period of maturity of such
financing is 10 years or less, except that the
participation by the Administration may be
reduced below 85 percent upon request of the
participating lender; and'';
(2) by striking the words ``85 percent under subparagraph
(B)'' and by inserting in lieu thereof the following: ``the
above specified percentums'';
(3) by striking from paragraph (B) the words ``not less
than 80 percent, except upon'' and by inserting in lieu thereof
the following: ``not less than 70 percent, unless a lesser
percent is required by clause (B)(ii) or upon the''; and
(4) by inserting after the third sentence the following:
``The maximum interest rate for a loan guaranteed under the
Preferred Lenders Program shall not exceed the maximum interest
rate, as determined by the Administration, which is made
applicable to other loan guarantees under section 7(a).''.
(b) The amendments made by subsection (a) shall be effective
September 1, 1993, but shall not be applicable to loan guarantee
applications received by the Administration prior to August 21, 1993.
SEC. 3. STUDY AND REPORT.
The Administration shall study, monitor and evaluate the impact of
the amendments made by sections 1 and 2 of this Act on the ability of
small business concerns and small business concerns owned and
controlled by minorities and women, to obtain financing and the impact
of such sections on the effectiveness, viability and growth of the
secondary market authorized by section 5(f) of the Small Business Act.
Not later than 16 months after the date of enactment, and annually
thereafter, the Administration shall submit to the Committees on Small
Business of the Senate and the House of Representatives a report
containing the Administration's findings and recommendations on such
impact, specifically including changes in the interest rates on
financings provided to small business concerns and small business
concerns owned and controlled by minorities and women, through the use
of the secondary market. The Administration shall segregate such
findings and recommendations in the study according to the ethnic and
gender components in these categories. Solely for the purposes of the
study authorized herein, the term ``small business concerns owned and
controlled by minorities'', includes businesses owned and controlled by
individuals belonging to one of the designated groups listed in section
8(d)(3)(C) of the Small Business Act.
SEC. 4. REPEALER.
Sections 1 and 2 of this Act are hereby repealed on September 30,
1996.
Passed the House of Representatives August 2, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Amends the Small Business Act to temporarily authorize the Small Business Administration (SBA) to collect a fee for loan guarantees sold into the secondary market. Requires all fees so collected to be used solely to reduce the subsidy on such guaranteed loans. Applies such fees to loans sold into secondary markets after August 31, 1993. Authorizes the SBA to temporarily reduce the guarantee percentage of loans exceeding $155,000 and having a maturity period of more than ten years.
Directs the SBA to study, monitor, and evaluate the impact of amendments made by this Act on the ability of small businesses, and small businesses owned and controlled by minorities and women, to obtain financing and on the effectiveness, viability, and growth of the secondary loan market authorized under the Small Business Act. Requires a report.
Repeals provisions of this Act concerning reduced loan guarantees on September 30, 1996. | {"src": "billsum_train", "title": "To amend the 7(a) Loan Program, and for other purposes."} | 1,110 | 190 | 0.511147 | 1.560026 | 0.932931 | 2.776471 | 6.1 | 0.858824 |
SECTION 1. ESTABLISHMENT OF WORKFORCE SKILLS AND DEVELOPMENT LOAN
PROGRAM.
(a) In General.--Part B of title III of the Job Training
Partnership Act (29 U.S.C. 1662 et seq.) is amended by adding at the
end the following new section:
``SEC. 327. WORKFORCE SKILLS AND DEVELOPMENT LOAN PROGRAM.
``(a) Findings and Purposes.--
``(1) Findings.--The Congress finds that--
``(A) the changing nature of the workforce in the
United States is forcing more and more workers to
obtain skills upgrading to keep pace;
``(B) employees who receive formal skills upgrading
enjoy earning advantages of 25 percent or more over
those with no such upgrading;
``(C) the return on investment from formal training
through increased productivity is equivalent to 3 times
the cost of such training;
``(D) approximately 40 percent of business
executives say they cannot modernize their equipment
due to worker skill deficiencies;
``(E) companies cite the lack of funds as a major
reason for failure to establish and carry out workforce
skills upgrading programs;
``(F) although the training of the workforce in the
United States is a national concern of utmost
importance, limited resources at the Federal level make
it infeasible to effectively and efficiently address
this concern alone; and
``(G) States, employers, and representatives of
employees need to share the responsibility in providing
skills upgrading for employees.
``(2) Purposes.--The purposes of this section are--
``(A) to encourage industry-based investment in
human resource development that promotes the
competitiveness of the Nation's industries through
productivity and product quality enhancement;
``(B) to ensure secure jobs for those who
successfully complete skills upgrading; and
``(C) to supplement, and not supplant, funds
available through existing skills upgrading programs
conducted by employers, employee representatives, and
the government; and
``(D) to establish programs which will not replace,
parallel, supplant, compete with, or duplicate in any
way existing skills upgrading programs.
``(b) Authorization.--
``(1) In general.--From amounts reserved under section
302(a)(2) for any fiscal year, the Secretary may use not less
than 5 percent, but not more than 10 percent, of such amounts
to provide grants to States to provide loans to eligible
entities described in paragraph (2) to assist such entities in
providing skills upgrading for non-managerial employees.
``(2) Eligible entities.--An eligible entity described in
this paragraph is--
``(A) an employer;
``(B) a representative of employees;
``(C) a business association;
``(D) a trade organization; or
``(E) a consortium consisting of--
``(i) more than 1 of the entities described
in subparagraphs (A) through (D); or
``(ii) an institution of higher education
(as such term is defined in section 481 of the
Higher Education Act of 1965 (20 U.S.C. 1088)
which continues to meet the eligibility and
certification requirements under section 498 of
such Act) and 1 or more of the entities
described in subparagraphs (A) through (D).
``(c) Application.--The Secretary may provide a grant to a State
under subsection (b) only if such State submits to the Secretary an
application which contains such information as the Secretary may
reasonably require.
``(d) Priority.--In providing grants under subsection (b), the
Secretary shall give priority to States that have demonstrated the
ability to expeditiously establish and carry out loan guarantee
programs described in subsection (f).
``(e) Limitations.--
``(1) Maximum annual grant amount.--The amount of a grant
provided to a State under subsection (b) for any fiscal year
shall not exceed $2,000,000.
``(2) Maximum total grant amount.--The total amount of
grants provided to a State under subsection (b) shall not
exceed $5,000,000.
``(f) Use of Amounts.--A State shall use amounts received from a
grant under subsection (b) to establish a loan guarantee program to
assist eligible entities described in subsection (b)(2) to provide
skills upgrading for non-managerial employees. In carrying out such
program, the State shall meet the following requirements:
``(1) Establishment of reserve fund for loan guarantees.--
The State shall establish a reserve fund from amounts received
from such grant for the purpose of making commitments to
guarantee the payment of principal and interest on loans made
by financial institutions to such eligible entities to provide
skills upgrading for non-managerial employees.
``(2) Criteria for loan guarantees.--The State, in
conjunction with appropriate financial institutions, shall
establish and publish criteria for providing loan guarantees to
eligible entities under the program, including criteria that
provides for the following:
``(A) A loan guarantee may be issued under the
program only if, at the time such guarantee is issued
the eligible entity agrees to pay as an insurance
premium an amount equal to 1 percent of the principal
received by such entity under the loan to the State's
reserve fund.
``(B)(i) Subject to clause (ii), the eligible
entity will use amounts received from the loan to
provide skills upgrading for mid- and lower- level
employees, which may include (but is not limited to)--
``(I) training in total quality management,
statistical process control, production
techniques, office automation, materials
resource planning; and
``(II) training to improve basic skills,
including reading, writing, and arithmatic.
``(ii) In providing such skills upgrading, the
eligible entity shall give priority to non-managerial
employees who--
``(I) directly produce or deliver goods or
services; or
``(II) are in danger of being terminated or
laid off as a result of modernization in the
workplace, corporate downsizing, foreign or
domestic competition, or Federal policies
adversely affecting 1 or more industries.
``(C) Amounts from a loan shall not be used to pay
the wages or other benefits of any employee receiving
assistance under the program.
``(3) Payment by state to financial institutions in cases
of default.--
``(A) In general.--In accordance with criteria
developed by the Secretary, the State shall make
payments from the State's reserve fund to financial
institutions that have provided loans to eligible
entities that have defaulted on such loans for the
purpose of reimbursing such institutions for the amount
of principal and interest remaining unpaid to the
institutions by reason of such default.
``(B) No full faith and credit of the united
states.--Loans provided by financial institutions to
eligible entities under loan guarantee programs under
this section shall not be obligations of, or guaranteed
in any respect by, the United States.
``(4) Limitations on loan guarantees.--The authority of a
State to extend loan guarantees under this section shall not at
any time exceed an amount equal to 1,000 percent of the
aggregate principal amount in the State's reserve fund.
``(5) Interest from amounts in reserve fund.--Any interest
earned from amounts in the State's reserve fund shall be
credited to such fund.
``(g) Additional Amounts.--In addition to amounts received from a
grant under subsection (b), the Governor of a State may use not more
than 5 percent of the amount reserved under section 302(c) for a fiscal
year to establish and carry out the loan guarantee program under
subsection (f).
``(h) Federal and State Share.--
``(1) Federal share.--The Federal share under this section
may not exceed 50 percent of the total cost of the program
established under subsection (f) for any fiscal year.
``(2) State share.--
``(A) In general.--Except as provided in
subparagraph (B), the State share shall be provided
from non-Federal sources and may be in cash or in-kind,
fairly evaluated.
``(B) Exception.--The State share may include
amounts reserved in accordance with subsection (g).''.
(b) Conforming Amendments.--
(1) Reservation of amounts.--Paragraph (1) of section
302(c) of the Job Training Partnership Act (29 U.S.C.
1652(c)(1)) is amended--
(A) in subparagraph (D), by striking ``program
system; and'' and inserting ``program system;'';
(B) by striking the period at the end of
subparagraph (E) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) establishing and carrying out the loan guarantee
program under section 327(f).''.
(2) Table of contents.--The table of contents of such Act
is amended by inserting after the item relating to section 326
the following new item:
``Sec. 327. Workforce skills and development loan program.''.
SEC. 2. INFORMATION RELATING TO SKILLS UPGRADING ACTIVITIES FOR
CAPACITY BUILDING AND INFORMATION AND DISSEMINATION
NETWORK.
Section 453(b)(2) of the Job Training Partnership Act (29 U.S.C.
1733(b)(2)) is amended--
(1) in subparagraph (C)(ii)(V), by striking the period at
the end of such subparagraph and inserting ``; and''; and
(2) by adding at the end the following new subparagraph:
``(D)(i) collect and disseminate information--
``(I) on successful programs to upgrade the
skills of workers carried out pursuant to
section 327;
``(II) on research and evaluation conducted
concerning such programs; and
``(III) that will assist employers,
representatives of employees, business
associations, trade organizations, and
consortia consisting of more than 1 of the
preceding entities in designing and
implementing the most effective skills
upgrading methods available today; and
``(ii) facilitate communication and the exchange of
information and ideas among States and the entities
described in clause (i)(III) carrying out such skills
upgrading pursuant to section 327.''.
SEC. 3. AMENDMENT TO HIGHER EDUCATION ACT OF 1965.
Section 439(d)(1) of the Higher Education Act of 1965 is amended by
adding at the end the following new sentence: ``For purposes of this
section, loans made pursuant to section 327 of the Job Training
Partnership Act may be considered to be student loans which are not
insured or guaranteed as provided for in this subsection.''. | Amends the Job Training Partnership Act to establish a workforce skills and development loan program.
Directs the Secretary of Labor to use certain amounts to make grants to States to establish reserve funds to guarantee loans to employers, employee representatives, and other eligible entities to provide skills upgrading for non-managerial employees. Gives grant priority to States with demonstrated ability to expeditiously establish and carry out such loan programs.
Requires the capacity building and information and dissemination network to include information relating to such skills upgrading activities. | {"src": "billsum_train", "title": "To amend the Job Training Partnership Act to establish a workforce skills and development loan program to provide grants to States to guarantee loans made to employers, representatives of employees, and other entities to provide skills upgrading for non-managerial employees, and for other purposes."} | 2,384 | 109 | 0.548809 | 1.5203 | 0.781042 | 3.752577 | 22.701031 | 0.927835 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless Privacy Enhancement Act of
1998''.
SEC. 2. COMMERCE IN ELECTRONIC EAVESDROPPING DEVICES.
(a) Prohibition on Modification.--Section 302(b) of the
Communications Act of 1934 (47 U.S.C. 302a(b)) is amended by inserting
before the period at the end thereof the following: ``, or modify any
such device, equipment, or system in any manner that causes such
device, equipment, or system to fail to comply with such regulations''.
(b) Prohibition on Commerce in Scanning Receivers.--Section 302(d)
of such Act (47 U.S.C. 302a(d)) is amended to read as follows:
``(d) Equipment Authorization Regulations.--
``(1) Privacy protections required.--The Commission shall
prescribe regulations, and review and revise such regulations
as necessary in response to subsequent changes in technology or
behavior, denying equipment authorization (under part 15 of
title 47, Code of Federal Regulations, or any other part of
that title) for any scanning receiver that is capable of--
``(A) receiving transmissions in the frequencies
that are allocated to the domestic cellular radio
telecommunications service or the personal
communications service;
``(B) readily being altered to receive
transmissions in such frequencies;
``(C) being equipped with decoders that--
``(i) convert digital domestic cellular
radio telecommunications service, personal
communications service, or protected
specialized mobile radio service transmissions
to analog voice audio; or
``(ii) convert protected paging service
transmissions to alphanumeric text; or
``(D) being equipped with devices that otherwise
decode encrypted radio transmissions for the purposes
of unauthorized interception.
``(2) Privacy protections for shared frequencies.--The
Commission shall, with respect to scanning receivers capable of
receiving transmissions in frequencies that are used by
commercial mobile services and that are shared by public safety
users, examine methods, and may prescribe such regulations as
may be necessary, to enhance the privacy of users of such
frequencies.
``(3) Tampering prevention.--In prescribing regulations
pursuant to paragraph (1), the Commission shall consider
defining `capable of readily being altered' to require scanning
receivers to be manufactured in a manner that effectively
precludes alteration of equipment features and functions as
necessary to prevent commerce in devices that may be used
unlawfully to intercept or divulge radio communication.
``(4) Warning labels.--In prescribing regulations under
paragraph (1), the Commission shall consider requiring labels
on scanning receivers warning of the prohibitions in Federal
law on intentionally intercepting or divulging radio
communications.
``(5) Definitions.--As used in this subsection, the term
`protected' means secured by an electronic method that is not
published or disclosed except to authorized users, as further
defined by Commission regulation.''.
(c) Implementing Regulations.--Within 90 days after the date of
enactment of this Act, the Federal Communications Commission shall
prescribe amendments to its regulations for the purposes of
implementing the amendments made by this section.
SEC. 3. UNAUTHORIZED INTERCEPTION OR PUBLICATION OF COMMUNICATIONS.
Section 705 of the Communications Act of 1934 (47 U.S.C. 605) is
amended--
(1) in the heading of such section, by inserting
``interception or'' after ``unauthorized'';
(2) in the first sentence of subsection (a), by striking
``Except as authorized by chapter 119, title 18, United States
Code, no person'' and inserting ``No person'';
(3) in the second sentence of subsection (a)--
(A) by inserting ``intentionally'' before
``intercept''; and
(B) by striking ``and divulge'' and inserting ``or
divulge'';
(4) by striking the last sentence of subsection (a) and
inserting the following: ``Nothing in this subsection prohibits
an interception or disclosure of a communication as authorized
by chapter 119 of title 18, United States Code.'';
(5) in subsection (e)(1)--
(A) by striking ``fined not more than $2,000 or'';
and
(B) by inserting ``or fined under title 18, United
States Code,'' after ``6 months,''; and
(6) in subsection (e)(3), by striking ``any violation'' and
inserting ``any receipt, interception, divulgence, publication,
or utilization of any communication in violation'';
(7) in subsection (e)(4), by striking ``any other activity
prohibited by subsection (a)'' and inserting ``any receipt,
interception, divulgence, publication, or utilization of any
communication in violation of subsection (a)''; and
(8) by adding at the end of subsection (e) the following
new paragraph:
``(7) Notwithstanding any other investigative or enforcement
activities of any other Federal agency, the Commission shall
investigate alleged violations of this section and may proceed to
initiate action under section 503 of this Act to impose forfeiture
penalties with respect to such violation upon conclusion of the
Commission's investigation.''.
Passed the House of Representatives March 5, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Wireless Privacy Enhancement Act of 1998 - Amends the Communications Act of 1934 to prohibit modifying any electronic communication device, equipment, or system in a manner which causes it to fail to comply with regulations governing electronic eavesdropping devices. Directs the Federal Communications Commission (FCC) to prescribe regulations (and review and revise them when necessary in response to changes in technology and behavior) denying equipment authorization for any scanning receiver capable of: (1) receiving transmissions in frequencies allocated to the domestic cellular or personal communications service; (2) being readily altered to receive such transmissions; (3) being equipped with decoders that convert domestic cellular or personal communications service or protected specialized mobile radio service transmissions to analog voice audio, or which convert protected paging service transmissions to alphanumeric text; or (4) being equipped with devices that otherwise encode encrypted radio transmissions for purposes of unauthorized interception. Directs the FCC, with respect to scanning receivers capable of receiving transmissions in frequencies used by commercial mobile services and that are shared by public safety users, to examine methods and prescribe regulations to enhance the privacy of users of such frequencies. Requires tampering prevention measures and warning labels to be considered by the FCC in prescribing such regulations. Applies penalties for the unauthorized publication or use of electronic communications to the unauthorized receipt, intentional interception, or divulgence of any such communication. Directs the FCC to investigate alleged violations and proceed to initiate action to impose forfeiture penalties. | {"src": "billsum_train", "title": "Wireless Privacy Enhancement Act of 1998"} | 1,218 | 324 | 0.742379 | 2.133153 | 0.868574 | 3.242754 | 3.923913 | 0.894928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Equity and Education Act of
2001''.
SEC. 2. EXCEPTION TO 50 PERCENT CORRESPONDENCE COURSE LIMITATIONS.
(a) Definition of Institution of Higher Education for Title IV
Purposes.--Section 102(a) of the Higher Education Act of 1965 (20
U.S.C. 1002(a)) is amended by adding at the end the following new
paragraph:
``(7) Exception to limitation based on course of study.--
Courses offered via telecommunications (as defined in section
484(l)(4)) shall not be considered to be correspondence courses
for purposes of subparagraph (A) or (B) of paragraph (3) for
any institution that--
``(A) is participating in either or both of the
loan programs under part B or D of title IV on the date
of enactment of the Internet Equity and Education Act
of 2001;
``(B) has a cohort default rate (as determined
under section 435(m)) for each of the 3 most recent
fiscal years for which data are available that is less
than 10 percent; and
``(C)(i) has notified the Secretary, in a form and
manner prescribed by the Secretary (including such
information as the Secretary may require to meet the
requirements of clause (ii)), of the election by such
institution to qualify as an institution of higher
education by means of the provisions of this paragraph;
and
``(ii) the Secretary has not, within 90 days after
such notice, and the receipt of any information
required under clause (i), notified the institution
that the election by such institution would pose a
significant risk to Federal funds and the integrity of
programs under title IV.''.
(b) Definition of Eligible Student.--Section 484(l)(1) of the
Higher Education Act of 1965 (20 U.S.C. 1091(l)(1)) is amended by
adding at the end the following new subparagraph:
``(C) Exception to 50 percent limitation.--
Notwithstanding the 50 percent limitation in
subparagraph (A), a student enrolled in a course of
instruction described in such subparagraph shall not be
considered to be enrolled in correspondence courses if
the student is enrolled in an institution that--
``(i) is participating in either or both of
the loan programs under part B or D of title IV
on the date of enactment of the Internet Equity
and Education Act of 2001;
``(ii) has a cohort default rate (as
determined under section 435(m)) for each of
the 3 most recent fiscal years for which data
are available that is less than 10 percent; and
``(iii)(I) has notified the Secretary, in
form and manner prescribed by the Secretary
(including such information as the Secretary
may require to meet the requirements of
subclause (II)), of the election by such
institution to qualify its students as eligible
students by means of the provisions of this
subparagraph; and
``(II) the Secretary has not, within 90
days after such notice, and the receipt of any
information required under subclause (I),
notified the institution that the election by
such institution would pose a significant risk
to Federal funds and the integrity of programs
under title IV.''.
SEC. 3. DEFINITION OF ACADEMIC YEAR.
Section 481(a) of the Higher Education Act of 1965 (20 U.S.C.
1088(a)) is amended by adding at the end the following new paragraph:
``(3) For the purposes of any eligible program, a week of
instruction is defined as a week in which at least one day of regularly
scheduled instruction or examinations occurs, or at least one day of
study for final examinations occurs after the last scheduled day of
classes. For an educational program using credit hours, but not using a
semester, trimester, or quarter system, an institution of higher
education shall notify the Secretary, in the form and manner prescribed
by the Secretary, if the institution plans to offer an eligible program
of instruction of less than 12 hours of regularly scheduled
instruction, examinations, or preparation for examinations for a week
of instructional time.''.
SEC. 4. INCENTIVE COMPENSATION.
(a) Amendment.--Part G of title IV of the Higher Education Act of
1965 is amended by inserting after section 484B (20 U.S.C. 1091b) the
following new section:
``SEC. 484C. INCENTIVE COMPENSATION PROHIBITED.
``(a) Prohibition.--No institution of higher education
participating in a program under this title shall make any payment of a
commission, bonus, or other incentive payment, based directly on
success in securing enrollments or financial aid, to any person or
entity directly engaged in student recruiting or admission activities,
or making decisions regarding the award of student financial
assistance, except that this section shall not apply to the recruitment
of foreign students residing in foreign countries who are not eligible
to receive Federal student assistance.
``(b) Exceptions.--Subsection (a) does not apply to payment of a
commission, bonus, or other incentive payment--
``(1) pursuant to any contract with any third-party service
provider that has no control over eligibility for admission or
enrollment or the awarding of financial aid at the institution
of higher education, provided that no employee of the third-
party service provider is paid a commission, bonus, or other
incentive payment based directly on success in securing
enrollments or financial aid; or
``(2) to persons or entities for success in securing
agreements, contracts, or commitments from employers to provide
financial support for enrollment by their employees in an
institution of higher education or for activities that may lead
to such agreements, contracts, or commitments.
``(c) Exception for Fixed Compensation.--For purposes of subsection
(a), a person shall not be treated as receiving incentive compensation
when such person receives a fixed compensation that is paid regularly
for services and that is adjusted no more frequently than every six
months.''.
(b) Conforming Amendment.--Paragraph (20) of section 487(a) of the
Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)) is repealed.
(c) Technical Amendment.--Section 487(c)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1094(c)(1)) is amended by striking ``paragraph
(2)(B)'' each place it appears in subparagraphs (F) and (H) and
inserting ``paragraph (3)(B)''.
SEC. 5. EVALUATION AND REPORT.
(a) Information from Institutions.--
(1) Institutions covered by requirement.--The requirements
of paragraph (2) apply to any institution of higher education
that--
(A) has notified the Secretary of Education of an
election to qualify for the exception to limitation
based on course of study in section 102(a)(7) of the
Higher Education Act of 1965 (20 U.S.C. 1002(a)(7)) or
the exception to the 50 percent limitation in section
484(l)(1)(C) of such Act (20 U.S.C. 1091(l)(1)(C));
(B) has notified the Secretary under section
481(a)(3) of such Act (20 U.S.C. 1088(a)(3)); or
(C) contracts with outside parties for--
(i) the delivery of distance education
programs;
(ii) the delivery of programs offered in
nontraditional formats; or
(iii) the purpose of securing the
enrollment of students.
(2) Requirements.--Any institution of higher education to
which this paragraph applies shall comply, on a timely basis,
with the Secretary of Education's reasonable requests for
information on changes in--
(A) the amount or method of instruction offered;
(B) the types of programs or courses offered;
(C) enrollment by type of program or course;
(D) the amount and types of grant, loan, or work
assistance provided under title IV of the Higher
Education Act of 1965 that is received by students
enrolled in programs conducted in nontraditional
formats; and
(E) outcomes for students enrolled in such courses
or programs.
(b) Report by Secretary Required.--The Secretary of Education shall
conduct by grant or contract a study of, and by March 31, 2003, submit
to the Congress, a report on--
(1) the effect that the amendments made by this Act have
had on--
(A) the ability of institutions of higher education
to provide distance learning opportunities to students;
and
(B) program integrity;
(2) with respect to distance education or correspondence
education courses at institutions of higher education to which
the information requirements of subsection (a)(2) apply,
changes from year-to-year in--
(A) the amount or method of instruction offered and
the types of programs or courses offered;
(B) the number and type of students enrolled in
distance education or correspondence education courses;
(C) the amount of student aid provided to such
students, in total and as a percentage of the
institution's revenue; and
(D) outcomes for students enrolled in distance
education or correspondence education courses,
including graduation rates, job placement rates, and
loan delinquencies and defaults;
(3) any reported and verified claim of inducement to
participate in the student financial aid programs and any
violation of the Higher Education Act of 1965, including any
actions taken by the Department of Education against the
violator; and
(4) any further improvements that should be made to the
provisions amended by this Act (and related provisions), in
order to accommodate nontraditional educational opportunities
in the Federal student assistance programs while ensuring the
integrity of those programs.
SEC. 6. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.
Section 420J of the Higher Education Act of 1965 (20 U.S.C. 1070f-
6) is amended by adding at the end the following new sentence: ``If for
any fiscal year funds are not appropriated pursuant to this section,
funds available under part B of title VII, relating to the Fund for the
Improvement of Postsecondary Education, may be made available for
continuation grants for any grant recipient under this subpart.''.
SEC. 7. IMPLEMENTATION.
(a) No Delay in Effective Date.--Section 482(c) of the Higher
Education Act of 1965 (20 U.S.C. 1089(c)) shall not apply to the
amendments made by this Act.
(b) Implementing Regulations.--Section 492 of the Higher Education
Act of 1965 (20 U.S.C. 1098a) shall not apply to the amendments made by
sections 2 and 3 of this Act.
Passed the House of Representatives October 10, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Internet Equity and Education Act of 2001 - Amends the Higher Education Act of 1965 (HEA) to exempt courses offered through telecommunications from certain limitations on student financial assistance with respect to correspondence courses. (Such limitations include the 50-percent rule, requiring that an institution provide at least 50 percent of its instruction in person.) Allows such exemption if the institution of higher education (IHE) offering such course through telecommunications: (1) is participating in the guaranteed or the direct student loan program; and (2) has a cohort default rate of less than ten percent for each of the three most recent fiscal years for which data are available; and (3) has notified the Secretary of Education of its election to qualify for such exemption, and then has not been notified by the Secretary that such election would pose a significant risk to Federal funds under HEA title IV (Student Assistance).(Sec. 3) Defines a week of instruction, with respect to an academic year for HEA student aid programs, as one in which at least one day of regularly scheduled instruction or examinations occurs, or at least one day of study for final examinations occurs after the last scheduled day of classes. (Such revised definition eliminates a 12-hour rule requiring students to spend at least 12 hours a week in class if enrolled in courses that are not on a semester, trimester, or quarter system.) Requires an IHE to notify the Secretary if it plans to offer an eligible program of instruction of less than 12 hours of regularly scheduled instruction, examinations, or preparation for examinations for a week of instructional time (for educational programs using credit hours, but not using a semester, trimester, or quarter system).(Sec. 4) Revises a prohibition, for IHEs that participate in HEA student assistance programs, against making incentive payments based on success in securing enrollments or financial aid to any person or entity engaged in student recruiting or admission activities, or making decisions regarding the award of student financial assistance. Prohibits such payments only if they are: (1) based directly on such success; and (2) made to a person or entity directly engaged in such activities. Exempts from such prohibition: (1) recruitment of foreign students not eligible to receive Federal student assistance (as does current law); (2) incentive payments under any contract with a third-party service provider with no control over eligibility for admission or enrollment or awarding of financial aid at the IHE, if no employee of that provider is given an incentive payment based directly on success in securing enrollments or financial aid; (3) incentive payments to persons or entities for success in securing (or activities leading to) agreements, contracts, or commitments from employers to provide financial support for enrollment of their employees in an IHE; and (4) persons receiving fixed compensation paid regularly for services and adjusted no more frequently than every six months.(Sec. 5) Requires certain information to be provided to the Secretary by IHEs that have: (1) notified the Secretary of their election to qualify for an exception to a limitation on course of study or to the 50 percent limitation on instruction that is not in person; (2) notified the Secretary of plans to offer an eligible program of instruction of less than 12 hours; or (3) contracts with outside parties for delivery of distance education programs or programs offered in nontraditional formats or for securing enrollment of students.Directs the Secretary to evaluate and report on: (1) the effect of this Act on IHE ability to provide distance learning opportunities and on program integrity; (2) specified types of changes with respect to distance education or correspondence courses at IHEs subject to information requirements under this Act; (3) claims of inducements to participate in student financial aid programs, HEA violations, and Federal actions against violators; and (4) any further revisions to accommodate nontraditional educational opportunities in Federal student assistance programs while ensuring program integrity.(Sec. 6) Authorizes funds to be made available for the Learning Anytime Anywhere Partnerships program from the Fund for Improvement of Postsecondary Education if for any fiscal year funds are not appropriated for such program. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to expand the opportunities for higher education via telecommunications."} | 2,397 | 897 | 0.612996 | 1.951436 | 0.802353 | 3.71519 | 2.736709 | 0.910127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Poland Parliamentary
Youth Exchange Program Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States established diplomatic relations with the
newly-formed Polish Republic in April 1919.
(2) The United States and Poland have enjoyed close bilateral
relations since 1989.
(3) Poland became a member of the North Atlantic Treaty
Organization (NATO) in March 1999.
(4) Poland became a member of the European Union (EU) in May
2004.
(5) Poland has been a strong supporter, both diplomatically and
militarily, of efforts led by the United States to combat global
terrorism and has contributed troops to the United States-led
coalitions in both Afghanistan and Iraq.
(6) Poland cooperates closely with the United States on such
issues as democratization, nuclear proliferation, human rights,
regional cooperation in Eastern Europe, and reform of the United
Nations.
(7) The United States and Poland seek to ensure enduring ties
between both governments and societies.
(8) It is important to invest in the youth of the United States
and Poland in order to help ensure long-lasting ties between both
societies.
(9) It is in the interest of the United States to preserve a
United States presence in Europe and to continue to contribute to
the development of transatlantic relationships.
(10) Poland for many years received international and United
States financial assistance and is now determined to invest its own
resources toward attaining its shared desire with the United States
to develop international cooperation.
SEC. 3. UNITED STATES-POLAND PARLIAMENTARY YOUTH EXCHANGE PROGRAM.
(a) Authority.--The Secretary of State, in cooperation with the
Government of Poland, may establish and carry out a parliamentary
exchange program for youth of the United States and Poland.
(b) Designation.--The youth exchange program carried out under this
subsection shall be known as the ``United States-Poland Parliamentary
Youth Exchange Program''.
(c) Purpose.--The purpose of the youth exchange program is to
demonstrate to the youth of the United States and Poland the benefits
of friendly cooperation between the United States and Poland based on
common political and cultural values.
(d) Eligible Participants.--An individual is eligible for
participation in the youth exchange program if the individual--
(1) is a citizen or national of the United States or of Poland;
(2) is under the age of 19 years;
(3) is a student who is enrolled and in good standing at a
secondary school in the United States or Poland;
(4) has been accepted for up to one academic year of study in a
program of study abroad approved for credit at such school; and
(5) meets any other qualifications that the Secretary of State
may establish for purposes of the program.
(e) Program Elements.--Under the youth exchange program, eligible
participants selected for participation in the program shall--
(1) live in and attend a public secondary school in the host
country for a period of one academic year;
(2) while attending public school in the host country,
undertake academic studies in the host country, with particular
emphasis on the history, constitution, and political development of
the host country;
(3) be eligible, either during or after the completion of such
academic studies, for an internship in an appropriate position in
the host country; and
(4) engage in such other activities as the President considers
appropriate to achieve the purpose of the program.
SEC. 4. ANNUAL REPORT TO CONGRESS.
The Secretary of State shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives an annual report on the United States-Poland
Parliamentary Youth Exchange Program established under this Act. Each
annual report shall include--
(1) information on the implementation of the Program during the
preceding year;
(2) the number of participants in the Program during such year;
(3) the names and locations of the secondary schools in the
United States and Poland attended by such participants;
(4) a description of the areas of study of such participants
during their participation in the Program;
(5) a description of any internships taken by such participants
during their participation in the Program; and
(6) a description of any other activities such participants
carried out during their participation in the Program.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
Department of State for fiscal year 2008 such sums as may be necessary
to carry out the youth exchange program authorized by this Act.
(b) Availability.--Amounts authorized to be appropriated by
subsection (a) shall remain available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | United States-Poland Parliamentary Youth Exchange Program Act of 2007 - Authorizes the Secretary of State, in cooperation with the government of Poland, to establish a United States-Poland Parliamentary Youth Exchange Program for American and Polish secondary students under 19 years old who have been accepted for up to one academic year of study abroad in a credit-approved program. States that eligible participants shall: (1) live in and attend a public secondary school in the host country for one academic year; (2) undertake academic studies in the host country, with particular emphasis on the history, constitution, and political development of the host country; and (3) be eligible for an internship in the host country.
Directs the Secretary to report annually to the appropriate congressional committees respecting the Program.
Authorizes FY2008 appropriations. | {"src": "billsum_train", "title": "A bill to establish a United States-Poland parliamentary youth exchange program, and for other purposes."} | 1,028 | 167 | 0.59118 | 1.838109 | 0.779865 | 5.596154 | 6.519231 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Notification and
Credit Restoration Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the privacy and financial security of individuals is
increasingly at risk due to the ever more widespread collection
of personal information by both the private and public sector;
(2) credit card transactions, real estate records, consumer
surveys, credit reports, and Internet websites are all sources
of personal information and form the source material for
identity thieves;
(3) identity theft is one of the fastest growing crimes
committed in the United States, and identity theft has become
one of the major law enforcement challenges of the new economy,
as vast quantities of sensitive personal information are now
vulnerable to criminal interception and misuse;
(4) criminals who steal personal information use the
information to open fraudulent credit card accounts, write bad
checks, buy products, and commit other financial crimes with
assumed financial identities;
(5) in 2002, more than 160,000 people notified the Federal
Trade Commission that they had been victims of identity theft,
more than 3 times the number reported in 2000;
(6) identity theft is costly to consumers and to the United
States marketplace;
(7) victims of identity theft are often required to contact
numerous Federal, State, and local law enforcement agencies,
consumer credit reporting agencies, and creditors over many
years, as each event of fraud arises;
(8) the Government, financial institutions, financial
service providers, and credit reporting agencies that handle
sensitive personal information of consumers have a shared
responsibility to protect the information from identity
thieves, to assist identity theft victims, and to mitigate the
harm that results from fraud perpetrated in the name of the
victim; and
(9) the private sector can better protect consumers by
improving customer notification, implementing effective fraud
alerts, affording greater consumer access to credit reports,
and establishing other financial identity theft prevention
measures.
SEC. 3. TIMELY NOTIFICATION OF UNAUTHORIZED ACCESS TO PERSONAL
INFORMATION.
Subtitle B of title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6821
et seq.) is amended--
(1) by redesignating sections 526 and 527 as sections 528
and 529, respectively; and
(2) by inserting after section 525 the following:
``SEC. 526. NOTIFICATION TO CUSTOMERS OF UNAUTHORIZED ACCESS TO
PERSONAL INFORMATION.
``(a) Definitions.--In this section--
``(1) the term `breach'--
``(A) means unauthorized acquisition of
computerized data or paper records which compromises
the security, confidentiality, or integrity of personal
information maintained by or on behalf of a financial
institution; and
``(B) does not include a good faith acquisition of
personal information by an employee or agent of a
financial institution for a business purpose of the
institution, if the personal information is not subject
to further unauthorized disclosure; and
``(2) with respect to a customer of a financial
institution, the term `personal information' means the first
name or first initial and last name of the customer, in
combination with any one or more of the following data
elements, when either the name or the data element is not
encrypted:
``(A) A social security number.
``(B) A driver's license number or other officially
recognized form of identification.
``(C) A credit card number, debit card number, or
any required security code, access code, or password
that would permit access to financial account
information relating to that customer.
``(b) Notification Relating to Breach of Personal Information.--
``(1) Financial institution requirement.--In any case in
which there has been a breach of personal information at a
financial institution, or such a breach is reasonably believed
to have occurred, the financial institution shall promptly
notify--
``(A) each customer affected by the violation or
suspected violation;
``(B) each consumer reporting agency described in
section 603(p) of the Fair Credit Reporting Act (15
U.S.C. 1681a); and
``(C) appropriate law enforcement agencies, in any
case in which the financial institution has reason to
believe that the breach or suspected breach affects a
large number of customers, including as described in
subsection (e)(1)(C), subject to regulations of the
Federal Trade Commission.
``(2) Other entities.--For purposes of paragraph (1), any
person that maintains personal information for or on behalf of
a financial institution shall promptly notify the financial
institution of any case in which such customer information has been, or
is reasonably believed to have been, breached.
``(c) Timing.--Notification required by this section shall be
made--
``(1) promptly and without unreasonable delay, upon
discovery of the breach or suspected breach; and
``(2) consistent with--
``(A) the legitimate needs of law enforcement, as
provided in subsection (d); and
``(B) any measures necessary to determine the scope
of the breach or restore the reasonable integrity of
the information security system of the financial
institution.
``(d) Delays for Law Enforcement Purposes.--Notification required
by this section may be delayed if a law enforcement agency determines
that the notification would impede a criminal investigation, and in any
such case, notification shall be made promptly after the law
enforcement agency determines that it would not compromise the
investigation.
``(e) Form of Notice.--Notification required by this section may be
provided--
``(1) to a customer--
``(A) in writing;
``(B) in electronic form, if the notice provided is
consistent with the provisions regarding electronic
records and signatures set forth in section 101 of the
Electronic Signatures in Global and National Commerce
Act (15 U.S.C. 7001);
``(C) if the Federal Trade Commission determines
that the number of all customers affected by, or the
cost of providing notifications relating to, a single
breach or suspected breach would make other forms of
notification prohibitive, or in any case in which the
financial institution certifies in writing to the
Federal Trade Commission that it does not have
sufficient customer contact information to comply with
other forms of notification, in the form of--
``(i) an e-mail notice, if the financial
institution has access to an e-mail address for
the affected customer that it has reason to
believe is accurate;
``(ii) a conspicuous posting on the
Internet website of the financial institution,
if the financial institution maintains such a
website; or
``(iii) notification through the media that
a breach of personal information has occurred
or is suspected that compromises the security,
confidentiality, or integrity of customer
information of the financial institution; or
``(D) in such other form as the Federal Trade
Commission may by rule prescribe; and
``(2) to consumer reporting agencies and law enforcement
agencies (where appropriate), in such form as the Federal Trade
Commission may prescribe, by rule.
``(f) Content of Notification.--Each notification to a customer
under subsection (b) shall include--
``(1) a statement that--
``(A) credit reporting agencies have been notified
of the relevant breach or suspected breach; and
``(B) the credit report and file of the customer
will contain a fraud alert to make creditors aware of
the breach or suspected breach, and to inform creditors
that the express authorization of the customer is
required for any new issuance or extension of credit
(in accordance with section 605(g) of the Fair Credit
Reporting Act); and
``(2) such other information as the Federal Trade
Commission determines is appropriate.
``(g) Compliance.--Notwithstanding subsection (e), a financial
institution shall be deemed to be in compliance with this section if--
``(1) the financial institution has established a
comprehensive information security program that is consistent
with the standards prescribed by the appropriate regulatory
body under section 501(b);
``(2) the financial institution notifies affected customers
and consumer reporting agencies in accordance with its own
internal information security policies in the event of a breach
or suspected breach of personal information; and
``(3) such internal security policies incorporate
notification procedures that are consistent with the
requirements of this section and the rules of the Federal Trade
Commission under this section.
``(h) Civil Penalties.--
``(1) Damages.--Any customer injured by a violation of this
section may institute a civil action to recover damages arising
from that violation.
``(2) Injunctions.--Actions of a financial institution in
violation or potential violation of this section may be
enjoined.
``(3) Cumulative effect.--The rights and remedies available
under this section are in addition to any other rights and
remedies available under applicable law.
``(i) Rules of Construction.--
``(1) In general.--Compliance with this section by a
financial institution shall not be construed to be a violation
of any provision of subtitle (A), or any other provision of
Federal or State law prohibiting the disclosure of financial
information to third parties.
``(2) Limitation.--Except as specifically provided in this
section, nothing in this section requires or authorizes a
financial institution to disclose information that it is
otherwise prohibited from disclosing under subtitle A or any
other provision of Federal or State law.
``(3) No new recordkeeping obligation.--Nothing in this
section creates an obligation on the part of a financial
institution to obtain, retain, or maintain information or
records that are not otherwise required to be obtained,
retained, or maintained in the ordinary course of its business
or under other applicable law.''.
SEC. 4. INCLUSION OF FRAUD ALERTS IN CONSUMER CREDIT REPORTS.
Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is
amended by adding at the end the following:
``(g) Fraud Alerts.--
``(1) Defined term.--In this subsection, the term `fraud
alert' means a clear and conspicuous statement in the file of a
consumer that notifies all prospective users of the consumer
credit report (or any portion thereof) relating to the
consumer, that--
``(A) the identity of the consumer may have been
used, without the consent of the consumer, to
fraudulently obtain goods or services in the name of
the consumer; and
``(B) the consumer does not authorize the issuance
or extension of credit in the name of the consumer,
unless the issuer of such credit, upon receiving
appropriate evidence of the true identity of the
consumer--
``(i) obtains express preauthorization from
the consumer at a telephone number designated
by the consumer; or
``(ii) utilizes another reasonable means of
communication to obtain the express
preauthorization of the consumer.
``(2) Inclusion of fraud alert in consumer file.--
``(A) Upon notification by financial institution.--
A consumer reporting agency shall include a fraud alert
meeting the requirements of this subsection in the file
of a consumer promptly upon receipt of a notice from a
financial institution under section 526(b)(1)(B) of the
Gramm-Leach-Bliley Act relating to the consumer.
``(B) Upon request of consumer.--A consumer
reporting agency shall include a fraud alert meeting
the requirements of this subsection in the file of a
consumer promptly upon receipt of--
``(i) a request by the consumer; and
``(ii) appropriate evidence of--
``(I) the true identity of the
person making the request; and
``(II) the claim of identity theft
forming the basis for the request.
``(3) Consumer reporting agency responsibilities.--A
consumer reporting agency shall ensure that each person
procuring consumer credit information with respect to a
consumer is made aware of the existence of a fraud alert in the
file of that consumer, regardless of whether a full credit
report, credit score, or summary report is requested.
``(4) Removal of fraud alerts.--The Federal Trade
Commission shall issue appropriate regulations to establish--
``(A) the duration of fraud alerts required by this
subsection, which standard shall be applied
consistently to all consumer reporting agencies, to the
extent possible; and
``(B) procedures for the removal of fraud alerts
included in the files of consumers under this
subsection.
``(5) Violations.--
``(A) Consumer reporting agency.--A consumer
reporting agency that fails to notify any user of a
consumer credit report of the existence of a fraud
alert in that report shall be in violation of this
section.
``(B) User of a consumer report.--A user of a
consumer report that fails to comply with
preauthorization procedures contained in a fraud alert
in the file of a consumer and issues or extends credit
in the name of the consumer to a person other than the
consumer shall be in violation of this subsection.
``(C) No adverse action based solely on fraud
alert.--It shall be a violation of this title for the
user of a consumer report to take adverse action with
respect to a consumer based solely on the inclusion of
a fraud alert in the file of that consumer, as required
by this subsection.''.
SEC. 5. ACCESS TO CREDIT REPORTS AND SCORES.
(a) No Fee in Certain Cases.--Section 612(c) of the Fair Credit
Reporting Act (15 U.S.C. 1681j(c)) is amended to read as follows:
``(c) No-Cost Access to Credit Reports and Scores.--
``(1) In general.--Upon request of a consumer, and without
charge to the consumer, a consumer reporting agency shall make
all of the disclosures listed under section 609 to the
consumer--
``(A) once during each calendar year; and
``(B) once every 3 months during the 1-year period
beginning on the date on which a fraud alert is
included in the file of a consumer under section
605(g).
``(2) Fee authorized.--A credit reporting agency may charge
a reasonable fee for the costs of disclosures under paragraph
(1)(B) to the financial institution providing the notification
that is the basis for the subject fraud alert, as required by
section 526(b)(1)(B) of the Gramm-Leach-Bliley Act.''.
(b) Inclusion of Credit Scores.--Section 609(a)(1) of the Fair
Credit Reporting Act (15 U.S.C. 1681g(a)(1)) is amended by striking
``except that'' and all that follows through ``predictors'' and
inserting ``, including any credit score''.
SEC. 6. REGULATIONS.
Not later than 180 days after the date of enactment of this Act,
the Federal Trade Commission, after consultation with Federal banking
agencies, the Securities and Exchange Commission, and other appropriate
financial services regulatory agencies, shall issue final regulations
to carry out the amendments made by this Act. | Identity Theft Notification and Credit Restoration Act of 2003 - Amends the Gramm-Leach-Bliley Act to require a financial institution to promptly notify the following entities whenever a breach of personal information has occurred at such institution: (1) each customer affected by such breach; (2) certain consumer reporting agencies; and (3) appropriate law enforcement agencies.
Requires any person that maintains personal information for or on behalf of a financial institution to promptly notify the institution of any case in which such customer information has been breached. Prescribes notification procedures.
Authorizes a customer injured by a violation of this Act to institute a civil action to recover damages.
Amends the Fair Credit Reporting Act to require a consumer reporting agency to include a fraud alert in a consumer file: (1) upon notification by financial institution; and (2) upon consumer request.
Requires a consumer reporting agency to ensure that each person procuring credit information with respect to a consumer is made aware of the existence of a fraud alert in the consumer's file, regardless of whether a full credit report, credit score, or summary report is requested.
Mandates no-cost consumer access to credit reports and scores once during each calendar year and once every three months during the one-year period beginning on the date on which a fraud alert is included in the consumer file.
Directs the Federal Trade Commission (FTC) to promulgate implementing regulations. | {"src": "billsum_train", "title": "A bill to require financial institutions and financial services providers to notify customers of the unauthorized use of personal information, to amend the Fair Credit Reporting Act to require fraud alerts to be included in consumer credit files in such cases, and to provide customers with enhanced access to credit reports in such cases."} | 3,320 | 309 | 0.545327 | 1.687305 | 0.756415 | 4.970909 | 11.378182 | 0.956364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Manufacturing Strategy Act
of 2010''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should promote policies
related to the Nation's manufacturing sector that are intended
to promote growth, sustainability, and competitiveness; create
well-paying, decent jobs; enable innovation and investment; and
support national security; and
(2) the President and Congress should act promptly to
pursue policies consistent with a National Manufacturing
Strategy.
SEC. 3. NATIONAL MANUFACTURING STRATEGY.
(a) Strategy Required.--Not later than the first day of July of the
second year of each Presidential term, the President shall submit to
Congress, and publish on a public website, a National Manufacturing
Strategy.
(b) Deadline for First National Manufacturing Strategy.--
Notwithstanding subsection (a), the President shall issue the first
National Manufacturing Strategy not later than the date that is one
year after the date of the enactment of this Act.
SEC. 4. PRESIDENT'S MANUFACTURING STRATEGY BOARD.
(a) In General.--The President shall establish, within the
Department of Commerce, the President's Manufacturing Strategy Board.
(b) Public Sector Members.--The President's Manufacturing Strategy
Board shall include the following individuals:
(1) The Secretary or head (or the designee of the Secretary
or head) of each of the following organizations:
(A) The Department of the Treasury.
(B) The Department of Defense.
(C) The Department of Commerce.
(D) The Department of Labor.
(E) The Department of Energy.
(F) The Office of the United States Trade
Representative.
(G) The Office of Management and Budget.
(H) The Office of Science and Technology Policy.
(I) The Small Business Administration.
(J) Other Federal agencies the President determines
appropriate.
(2) The Governors of two States, from different political
parties, appointed by the President in consultation with the
National Governors Association.
(c) Private Sector Members.--
(1) In general.--The President's Manufacturing Strategy
Board shall further include 9 individuals from the private
sector, appointed by the President after consultation with
industry and labor organizations, including individuals with
experience in the areas of--
(A) managing manufacturing companies;
(B) managing supply chain providers;
(C) managing labor organizations;
(D) workforce development;
(E) conducting manufacturing-related research and
development; and
(F) the defense industrial base.
(2) Balance in representation.--In making appointments of
private sector members to the President's Manufacturing
Strategy Board under paragraph (1), the President shall seek to
ensure that the individuals appointed represent a balance among
and within regions, sizes of firms, and industries of the
manufacturing sector.
(3) Terms.--
(A) In general.--Each member appointed under this
subsection shall be appointed for a term of 6 years,
except as provided in subparagraphs (B) and (C).
(B) Terms of initial appointees.--As designated by
the President at the time of appointment, of the
members first appointed--
(i) 3 shall be appointed for a term of 2
years;
(ii) 3 shall be appointed for a term of 4
years; and
(iii) 3 shall be appointed for a term of 6
years.
(C) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a new member has been appointed.
(d) Chair and Vice Chair.--
(1) Chair.--The Secretary of Commerce (or the designee of
the Secretary) shall serve as the Chair of the President's
Manufacturing Strategy Board.
(2) Vice chair.--The President shall appoint the Vice Chair
of the President's Manufacturing Strategy Board from among the
private sector members appointed by the President under
subsection (c).
(e) Subgroups.--The President's Manufacturing Strategy Board may
convene subgroups to address particular industries, policy topics, or
other matters. Such subgroups may include members representing any of
the following:
(1) Such other Federal agencies as the Chair determines
appropriate.
(2) State, local, tribal, and Territorial governments.
(3) The private sector, including labor, industry,
academia, trade associations, and other appropriate groups.
(f) Meetings.--
(1) Timing of meetings.--The President's Manufacturing
Strategy Board shall meet at the call of the Chair.
(2) Frequency of meetings.--The President's Manufacturing
Strategy Board shall meet not less than 2 times each year, and
not less than 4 times in a year preceding the issuance of a
National Manufacturing Strategy required under section 3(a).
(3) Public meetings required.--The President's
Manufacturing Strategy Board shall convene public meetings to
solicit views on the Nation's manufacturing sector and
recommendations for the National Manufacturing Strategy.
(4) Locations of public meetings.--The locations of public
meetings convened under paragraph (3) shall ensure the
inclusion of multiple regions and industries of the
manufacturing sector.
(g) Application of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.), other than section 14 of such
Act, shall apply to the President's Manufacturing Strategy Board,
including any subgroups established pursuant subsection (e).
SEC. 5. DUTIES OF THE PRESIDENT'S MANUFACTURING STRATEGY BOARD.
(a) In General.--The President's Manufacturing Strategy Board
shall--
(1) advise the President and Congress on issues affecting
the Nation's manufacturing sector;
(2) conduct a comprehensive analysis in accordance with
subsection (b);
(3) develop a National Manufacturing Strategy in accordance
with subsection (c);
(4) submit to the President and Congress an annual report
under subsection (d); and
(5) carry out other activities determined appropriate by
the President.
(b) Comprehensive Analysis.--In developing each National
Manufacturing Strategy under subsection (c), the President's
Manufacturing Strategy Board shall conduct a comprehensive analysis of
the Nation's manufacturing sector that addresses--
(1) the value and role, both historic and current, of
manufacturing in the Nation's economy, security, and global
leadership;
(2) the current domestic and international environment for
the Nation's manufacturing sector, and any relevant subset
thereof;
(3) Federal, State, local, and Territorial policies,
programs, and conditions that affect manufacturing;
(4) a comparison of the manufacturing policies and
strategies of the United States relative to other nations'
policies and strategies;
(5) the identification of emerging or evolving markets,
technologies, and products for which the Nation's manufacturers
could compete;
(6) the short- and long-term forecasts for the Nation's
manufacturing sector, and forecasts of expected national and
international trends and factors likely to affect such sector
in the future; and
(7) any other matters affecting the competitiveness,
growth, stability, and sustainability of the Nation's
manufacturing sector, including--
(A) levels of domestic production;
(B) productivity;
(C) the trade balance;
(D) financing and investment;
(E) research and development;
(F) job creation and employment disparities;
(G) workforce skills and development; and
(H) adequacy of the industrial base for maintaining
national security.
(c) National Manufacturing Strategy.--
(1) Development.--The President's Manufacturing Strategy
Board shall develop a National Manufacturing Strategy, based
on--
(A) the results of the comprehensive analysis
conducted under subsection (b);
(B) the studies carried out by the National Academy
of Sciences pursuant to section 7; and
(C) any other information, studies, or perspectives
that the President's Manufacturing Strategy Board
determines to be appropriate.
(2) Goals and recommendations.--
(A) Goals.--The President's Manufacturing Strategy
Board shall include in each National Manufacturing
Strategy short- and long-term goals for the Nation's
manufacturing sector, taking into account the matters
addressed in the comprehensive analysis conducted under
subsection (b).
(B) Recommendations.--The President's Manufacturing
Strategy Board shall include in each National
Manufacturing Strategy recommendations for achieving
the goals provided under subparagraph (A). Such
recommendations may propose--
(i) actions to be taken by the President,
Congress, State, local, and Territorial
governments, the private sector, universities,
industry associations, and other stakeholders;
and
(ii) ways to improve Government policies,
coordination among entities developing such
policies, and Government interaction with the
manufacturing sector.
(3) Report.--
(A) Draft.--Not later than 90 days before the date
on which the President is required to submit to
Congress a report containing a National Manufacturing
Strategy under section 3, the President's Manufacturing
Strategy Board shall publish in the Federal Register
and on a public website a draft report containing a
National Manufacturing Strategy.
(B) Public comment; review and revision.--A draft
report published under subparagraph (A) shall remain
available for public comment for a period of 30 days
from the date of publication. The President's
Manufacturing Strategy Board shall review any comments
received regarding such draft report and may revise the
draft report based upon those comments.
(C) Publication.--Not later than 30 days before the
date on which the President is required to submit to
Congress a report containing a National Manufacturing
Strategy under section 3, the President's Manufacturing
Strategy Board shall submit to the President for review
and revision a final report containing a National
Manufacturing Strategy, and shall publish such final
report on a public website.
(D) Estimates.--The final report submitted under
subparagraph (C) shall include--
(i) when feasible, an estimate of the
short- and long-term Federal Government outlays
and revenue changes necessary to implement the
National Manufacturing Strategy and an estimate
of savings that may be derived from
implementation of the National Manufacturing
Strategy;
(ii) a detailed explanation of the methods
and analysis used to determine the estimates
included under clause (i); and
(iii) detailed recommendations regarding
how to pay for the cost of implementation
estimated under clause (i), when feasible.
(d) Annual Report.--Not later than the date that is one year after
the date on which the first National Manufacturing Strategy is
published under section 3, and annually thereafter, the President's
Manufacturing Strategy Board shall submit to the President and Congress
a report that includes--
(1) views on the current state of manufacturing in the
United States;
(2) an assessment of the implementation of previously
issued National Manufacturing Strategies;
(3) recommendations for furthering the implementation of
previously issued National Manufacturing Strategies; and
(4) any suggested revisions to the estimate required under
section 5(c)(3)(D)(i) to implement the recommendations included
under paragraph (3).
(e) Consultation.--In order to gain perspectives and avoid
duplication of efforts, the President's Manufacturing Strategy Board
shall consult on manufacturing issues with the Defense Science Board,
the President's Council of Advisors on Science and Technology, the
Manufacturing Council established by the Department of Commerce, and
the Labor Advisory Committee for Trade Negotiations and Trade Policy,
and may consult with other relevant governmental entities or the
private sector.
SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF NATIONAL
MANUFACTURING STRATEGY.
Not later than the first day of April in calendar years 2013, 2017,
and 2021, the Comptroller General shall submit to Congress a report
regarding the National Manufacturing Strategy published under section
3. The report shall include--
(1) an assessment of whether the recommendations from such
National Manufacturing Strategy, and any preceding National
Manufacturing Strategies, were implemented;
(2) an analysis of the impact of such recommendations, to
the extent data are available;
(3) a review of the process involved in developing such
National Manufacturing Strategy and any preceding National
Manufacturing Strategies; and
(4) recommendations for improvements in developing the next
National Manufacturing Strategy.
SEC. 7. STUDIES.
(a) Quadrennial Study.--
(1) In general.--In developing each National Manufacturing
Strategy, the President, acting through the Secretary of
Commerce, shall enter into an agreement with the National
Academy of Sciences to conduct a study in accordance with this
subsection.
(2) Elements.--The study shall examine the following:
(A) The current state of manufacturing in the
United States.
(B) Federal programs and activities related to
manufacturing systems.
(C) The ways in which Federal policies affect
manufacturing, and likely future trends in
manufacturing if such policies remain unchanged.
(D) Various possible approaches for evaluating the
implementation of the National Manufacturing Strategy.
(E) An assessment of the trends and short- and
long-term forecasts of manufacturing.
(F) A review of the trends and short- and long-term
forecasts of manufacturing relied upon in previous
National Manufacturing Strategies as compared with
actual events and trends.
(3) Report.--The agreement entered into under paragraph (1)
shall provide that not later than the first day of April of the
first year of each Presidential term, the National Academy of
Sciences shall submit to Congress and the President a report
containing the findings of the study.
(4) Deadline for first report.--Notwithstanding paragraph
(3), the first agreement entered into under this subsection
shall provide that the National Academy of Sciences shall
submit to Congress and the President a report containing the
findings of the study not later than 2 years after the date
such agreement is entered into.
(5) Deadline for subsequent agreements.--After the first
agreement entered into under this subsection, all subsequent
agreements under this subsection shall be entered into not
later than 18 months before the deadline for submission of the
corresponding report under paragraph (3).
(b) Discretionary Studies.--The President, acting through the
Secretary of Commerce, may enter into further agreements with the
National Academy of Sciences as necessary to develop studies to provide
information for future National Manufacturing Strategies.
SEC. 8. REQUIREMENT TO CONSIDER NATIONAL MANUFACTURING STRATEGY IN
BUDGET.
In preparing the budget for a fiscal year under section 1105(a) of
title 31, United States Code, the President shall include information
regarding the consistency of the budget with the goals and
recommendations included in National Manufacturing Strategy covering
that fiscal year.
Passed the House of Representatives July 28, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | National Manufacturing Strategy Act of 2010 - Expresses the sense of Congress that: (1) the U.S. government should promote policies related to the nation's manufacturing sector intended to promote growth, sustainability, and competitiveness, create well-paying jobs, enable innovation and investment, and support national security; and (2) the President and Congress should act promptly to pursue policies consistent with a National Manufacturing Strategy (Strategy).
Directs the President, every four years, to submit to Congress, and publish on a public website, a Strategy. Requires the first Strategy to be submitted within one year after enactment of this Act.
Directs the President to establish, within the Department of Commerce, the President's Manufacturing Strategy Board (consisting of both public and private sector members) to: (1) advise the President and Congress on issues affecting the nation's manufacturing sector; (2) conduct a comprehensive analysis of such sector; (3) develop a Strategy; and (4) report annually to the President and Congress on the current state of U.S. manufacturing.
Directs the Comptroller General, in each of 2013, 2017, and 2021, to submit to Congress an assessment and analysis of the Strategy.
Directs the President, in developing each Strategy, to enter into an agreement with the National Academy of Sciences (NAS) to conduct a study concerning U.S. manufacturing and related assessments and reviews. Requires the NAS to report each study's results to Congress and the President.
Requires the President, in preparing each annual budget, to include information regarding that budget's consistency with the goals and recommendations included in the latest Strategy. | {"src": "billsum_train", "title": "To require the President to prepare a quadrennial National Manufacturing Strategy, and for other purposes."} | 3,122 | 350 | 0.704039 | 2.157985 | 0.85448 | 4.180952 | 9.650794 | 0.936508 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Internet Research
Act of 1998''.
SEC. 2. DEFINITIONS.
(a) Terms Used in This Act.--For purposes of this Act--
(1) Internet.--The term ``Internet'' has the meaning given
such term by section 230(e)(1) of the Communications Act of
1934 (47 U.S.C. 230(e)(1)).
(2) Geographic penalty.--The term ``geographic penalty''
means the imposition of costs on users of the Internet in rural
or other locations attributable to the distance of the user
from network facilities, the low population density of the area
in which the user is located, or other factors, that are
disproportionately greater than the costs imposed on users in
locations closer to such facilities or on users in locations
with significantly greater population density.
(b) Definition of Network in High-Performance Computing Act of
1991.--Paragraph (4) of section 4 of the High-Performance Computing Act
of 1991 (15 U.S.C. 5503) is amended by striking ``network referred to
as the National Research and Education Network established under
section 102; and'' and inserting ``network, including advanced computer
networks of Federal agencies and departments; and''.
SEC. 3. FINDINGS.
(a) In General.--The Congress finds that--
(1) United States leadership in science and technology has
been vital to the Nation's prosperity, national and economic
security, and international competitiveness, and there is every
reason to believe that maintaining this tradition will lead to
long-term continuation of United States strategic advantages in
information technology;
(2) the United States' investment in science and technology
has yielded a scientific and engineering enterprise without
peer, and that Federal investment in research is critical to
the maintenance of United States leadership;
(3) previous Federal investment in computer networking
technology and related fields has resulted in the creation of
new industries and new jobs in the United States;
(4) the Internet is playing an increasingly important role
in keeping citizens informed of the actions of their
government; and
(5) continued inter-agency cooperation is necessary to
avoid wasteful duplication in Federal networking research and
development programs.
(b) Additional Findings for the 1991 Act.--Section 2 of the High-
Performance Computing Act of 1991 (15 U.S.C. 5501) is amended by--
(1) striking paragraph (4) and inserting the following:
``(4) A high-capacity, flexible, high-speed national
research and education computer network is needed to provide
researchers and educators with access to computational and
information resources, act as a test bed for further research
and development for high-capacity and high-speed computer
networks, and provide researchers the necessary vehicle for
continued network technology improvement through research.'';
and
(2) adding at the end thereof the following:
``(7) Additional research must be undertaken to lay the
foundation for the development of new applications that can
result in economic growth, improved health care, and improved
educational opportunities.
``(8) Research in new networking technologies holds the
promise of easing the economic burdens of information access
disproportionately borne by rural users of the Internet.
``(9) Information security is an important part of
computing, information, and communications systems and
applications, and research into security architectures is a
critical aspect of computing, information, and communications
research programs.''.
SEC. 4. PURPOSES.
(a) In General.--The purposes of this Act are--
(1) to serve as the first authorization in a series of
computing, information, and communication technology
initiatives outlines in the High-Performance Computing Act of
1991 (15 U.S.C. 5501 et seq.) that will include research
programs related to--
(A) high-end computing and computation;
(B) human-centered systems;
(C) high confidence systems; and
(D) education, training, and human resources; and
(2) to provide for the development and coordination of a
comprehensive and integrated United States research program
which will--
(A) focus on the research and development of a
coordinated set of technologies that seeks to create a
network infrastructure that can support greater speed,
robustness, and flexibility than is currently available
and promote connectivity and interoperability among
advanced computer networks of Federal agencies and
departments;
(B) focus on research in technology that may result
in high-speed data access for users that is both
economically viable and does not impose a geographic
penalty; and
(C) encourage researchers to pursue approaches to
networking technology that lead to maximally flexible
and extensible solutions wherever feasible.
(b) Modification of Purposes of the 1991 Act.--Section 3 of the
High-Performance Computing Act of 1991 (15 U.S.C. 5502) is amended by--
(1) striking the section caption and inserting the
following:
``SEC. 3. PURPOSES.'';
(2) striking ``purpose of this Act is'' and inserting
``purposes of this Act are'';
(3) striking ``universities; and'' in paragraph (1)(I) and
inserting ``universities;'';
(4) striking ``efforts.'' in paragraph (2) and inserting
``network research and development programs;''; and
(5) adding at the end thereof the following:
``(3) promoting the further development of an information
infrastructure of information stores, services, access
mechanisms, and research facilities available for use through
the Internet;
``(4) promoting the more rapid development and wider
distribution of networking management and development tools;
and
``(5) promoting the rapid adoption of open network
standards.''.
SEC. 5. DUTIES OF ADVISORY COMMITTEE.
Title I of the High-Performance Computing Act of 1991 (15 U.S.C
5511 et seq.) is amended by adding at the end thereof the following:
``SEC. 103. ADVISORY COMMITTEE.
``(a) In General.--In addition to its functions under Executive
Order 13035 (62 F.R. 7231), the Advisory Committee on High-Performance
Computing and Communications, Information Technology, and the Next
Generation Internet, established by Executive Order No. 13035 of
February 11, 1997 (62 F.R. 7231) shall--
``(1) assess the extent to which the Next Generation
Internet program--
``(A) carries out the purposes of this Act;
``(B) addresses concerns relating to, among other
matters--
``(i) geographic penalties (as defined in
section 2(2) of the Next Generation Internet
Research Act of 1998); and
``(ii) technology transfer to and from the
private sector; and
``(2) assess the extent to which--
``(A) the role of each Federal agency and
department involved in implementing the Next Generation
Internet program is clear, complementary to and non-
duplicative of the roles of other participating
agencies and departments; and
``(B) each such agency and department concurs with
the rule of each other participating agency or
department.
``(b) Reports.--The Advisory Committee shall assess implementation
of the Next Generation Internet initiative and report, not less
frequently than annually, to the President, the United States Senate
Committee on Commerce, Science, and Transportation, and the United
States House of Representatives Committee on Science on its findings
for the preceding fiscal year. The first such report shall be submitted
6 months after the date of enactment of the Next Generation Internet
Research Act of 1998 the last report shall be submitted by September
30, 2000.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Title I of the High-Performance Computing Act of 1991 (15 U.S.C
5511 et seq.), as amended by section 5 of this Act, is amended by
adding at the end thereof the following:
``SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for the purpose of
carrying out the Next Generation Internet program the following
amounts:
------------------------------------------------------------------------
``Agency FY 1999 FY 2000
------------------------------------------------------------------------
``Department of Defense.................... $40,000,000 $42,500,000
``Department of Energy..................... $20,000,000 $25,000,000
``National Science Foundation.............. $25,000,000 $25,000,000
``National Institutes of Health............ $5,000,000 $7,500,000
``National Aeronautics and Space
Administration............................ $10,000,000 $10,000,000
``National Institute of Standards and
Technology................................ $5,000,000 $7,500,000.
------------------------------------------------------------------------
The amount authorized for the Department of Defense for fiscal year
1999 under this section shall be the amount authorized pursuant to the
National Defense Authorization Act for Fiscal Year 1999.''.
SEC. 7. STUDY OF EFFECTS ON TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
OF ADDING GENERIC TOP-LEVEL DOMAINS.
(a) Study by National Research Council.--Not later than 60 days
after the date of enactment of this Act, the Secretary of Commerce
shall request the National Research Council of the National Academy of
Sciences to conduct a comprehensive study, taking into account the
diverse needs of domestic and international Internet users, of the
short-term and long-term effects on trademark and intellectual property
rights holders of adding new generic top-level domains and related
dispute resolution procedures.
(b) Matters To Be Assessed In Study.--The study shall assess and,
as appropriate, make recommendations for policy, practice, or
legislative changes relating to--
(1) the short-term and long-term effects on the protection
of trademark and intellectual property rights and consumer
interests of increasing or decreasing the number of generic
top-level domains;
(2) trademark and intellectual property rights clearance
processes for domain names, including--
(A) whether domain name databases should be readily
searchable through a common interface to facilitate the
clearing of trademarks and intellectual property rights
and proposed domain names across a range of generic
top-level domains;
(B) the identification of what information from
domain name databases should be accessible for the
clearing of trademarks and intellectual property
rights; and
(C) whether generic top-level domain registrants
should be required to provide certain information;
(3) domain name trademark and intellectual property rights
dispute resolution mechanisms, including how to--
(A) reduce trademark and intellectual property
rights conflicts associated with the addition of any
new generic top-level domains; and
(B) reduce trademark and intellectual property
rights conflicts through new technical approaches to
Internet addressing;
(4) choice of law or jurisdiction for resolution of
trademark and intellectual property rights disputes relating to
domain names, including which jurisdictions should be available
for trademark and intellectual property rights owners to file
suit to protect such trademarks and intellectual property
rights;
(5) trademark and intellectual property rights infringement
liability for registrars, registries, or technical management
bodies; and
(6) short-term and long-term technical and policy options
for Internet addressing schemes and the impact of such options
on current trademark and intellectual property rights issues.
(c) Cooperation With Study.--
(1) Interagency cooperation.--The Secretary of Commerce
shall--
(A) direct the Patent and Trademark Office, the
National Telecommunications and Information
Administration, and other Department of Commerce
entities to cooperate fully with the National Research
Council in its activities in carrying out the study
under this section; and
(B) request all other appropriate Federal
departments, Federal agencies, Government contractors,
and similar entities to provide similar cooperation to
the National Research Council.
(2) Private corporation cooperation.--The Secretary of
Commerce shall request that any private, not-for-profit
corporation established to manage the Internet root server
system and the top-level domain names provide similar
cooperation to the National Research Council.
(d) Report.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the National Research Council shall
complete the study under this section and submit a report on
the study to the Secretary of Commerce. The report shall set
forth the findings, conclusions, and recommendations of the
Council concerning the effects of adding new generic top-level
domains and related dispute resolution procedures on trademark
and intellectual property rights holders.
(2) Submission to congressional committees.--Not later than
30 days after the date on which the report is submitted to the
Secretary of Commerce, the Secretary shall submit the report to
the Committees on Commerce and the Committees on the Judiciary
of the Senate and House of Representatives.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $800,000 for the study conducted under this Act.
Passed the Senate June 26, 1998.
Attest:
GARY SISCO,
Secretary. | Next Generation Internet Research Act of 1998 - Declares the purposes of this Act to be to: (1) serve as the first authorization in a series of computing, information, and communication technology initiatives outlined in the High-Performance Computing Act of 1991 (HPCA); and (2) provide for the development and coordination of a comprehensive and integrated U.S. research program on computer network infrastructure, high-speed data access, and networking technology. Directs the Advisory Committee on High-Performance Computing and Communications, Information Technology, and the Next Generation Internet (created under the HPCA) to assess the extent to which: (1) the Next Generation Internet program (program) carries out the purposes of this Act and addresses concerns relating to geographic penalties (costs imposed on Internet users in rural or small population areas that are greater than those imposed on users in large population areas or areas closer to network facilities) and technology transfer to and from the private sector; and (2) the role of each Federal department and agency involved in implementing the program is clear, complementary, and non-duplicative, as well as the extent to which each such department and agency concurs with the role of each other participating department or agency.
Requires the Advisory Committee to assess program implementation and report at least annually to the President and specified congressional committees.
Authorizes appropriations for FY 1999 and 2000 for the program. Requires the amount authorized for the Department of Defense for FY 1999 to be the amount authorized pursuant to the National Defense Authorization Act for FY 1999.
Directs the Secretary of Commerce to request the National Research Council of the National Academy of Sciences to conduct a comprehensive study, taking into account the diverse needs of domestic and international Internet users, of the short-term and long-term effects on trademark and intellectual property rights holders of adding new generic top-level domains and related dispute resolution procedures. Sets forth reporting requirements for the Council and the Secretary. Authorizes appropriations. | {"src": "billsum_train", "title": "Next Generation Internet Research Act of 1998"} | 2,814 | 417 | 0.603855 | 1.991486 | 0.796323 | 4.897638 | 6.931759 | 0.934383 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safer Oil and Gas Production
Research and Development Act of 2010''.
SEC. 2. PROGRAM AUTHORITY.
Section 999A of the Energy Policy Act of 2005 (42 U.S.C. 16371) is
amended--
(1) in subsection (a)--
(A) by striking ``ultra-deepwater'' and inserting
``deepwater''; and
(B) by inserting ``well control and accident
prevention,'' after ``safe operations,'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Deepwater architecture, well control and accident
prevention, and deepwater technology, including drilling to
deep formations in waters greater than 500 feet.''; and
(B) by striking paragraph (4) and inserting the
following:
``(4) Safety and environmental technology research and
development for drilling activities aimed at well control and
accident prevention performed by the Department.''; and
(3) in subsection (d)--
(A) in the subsection heading, by striking
``National Energy Technology Laboratory'' and inserting
``Department''; and
(B) by striking ``, through the National Energy
Technology Laboratory,''.
SEC. 3. SAFE OIL AND GAS PRODUCTION ACCIDENT PREVENTION RESEARCH AND
DEVELOPMENT PROGRAM.
Section 999B of the Energy Policy Act of 2005 (42 U.S.C. 16372) is
amended--
(1) in the section heading, by striking ``ultra-deepwater
and unconventional onshore natural gas and other petroleum''
and inserting ``safe oil and gas production and accident
prevention'';
(2) in subsection (a), by striking ``to maximize'' and all
that follows through the period at the end and inserting ``to
ensure the safe and environmentally responsible production of
natural gas and other petroleum resources of the United
States.'';
(3) in subsection (c)(1)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the
following:
``(D) select projects on a competitive, peer-
reviewed basis.''; and
(4) in subsection (d)--
(A) in paragraph (6), by striking ``ultra-
deepwater'' and inserting ``deepwater'';
(B) by striking paragraph (7) and inserting the
following:
``(7) Focus areas for awards.--
``(A) Deepwater resources.--Awards from allocations
under section 999H(d)(1) shall focus on the research,
development, and demonstration of areas that include--
``(i) individual exploration and production
technologies aimed at improving operational
safety and reducing environmental impacts of
exploration and production activities,
including drilling, well integrity systems,
well control, and blowout prevention;
``(ii) nontoxic materials for use in
exploration and production activities; and
``(iii) integrated systems approach based
management for exploration and production in
deepwater.
``(B) Unconventional resources.--Awards from
allocations under section 999H(d)(2) shall focus on
research, development, and demonstration of areas that
include--
``(i) advanced coalbed methane, deep
drilling, natural gas production from tight
sands, natural gas production from gas shales,
stranded gas, innovative exploration and
production techniques, and enhanced recovery
techniques;
``(ii) nontoxic materials for use in
exploration and production activities;
``(iii) safety and environmental mitigation
in exploration and production activities; and
``(iv) accident prevention and
environmental mitigation of unconventional
natural gas and other petroleum resources
exploration and production.
``(C) Small producers.--Awards from allocations
under section 999H(d)(3) shall be made to consortia
consisting of small producers or organized primarily
for the benefit of small producers, and shall focus on
areas that include--
``(i) safety and accident prevention,
environmental mitigation, well control and
systems integrity, and complex geology
involving rapid changes in the type and quality
of the oil and gas reservoirs across the
reservoir;
``(ii) low reservoir pressure,
unconventional natural gas reservoirs in
coalbeds, deep reservoirs, tight sands, or
shales; and
``(iii) unconventional oil reservoirs in
tar sands and oil shales.
``(D) Safety and accident prevention technology
research and development.--Awards from allocations
under section 999H(d)(4) shall be expended on areas
that include--
``(i) the development of improved cementing
and casing technologies;
``(ii) the best management practices for
cementing, casing, and other well control
activities and technologies; and
``(iii) the development of integrity and
stewardship guidelines for--
``(I) well-plugging and
abandonment;
``(II) development of wellbore
sealant technologies; and
``(III) improvement and
standardization of blowout prevention
devices.''; and
(C) by adding at the end the following:
``(8) Study; report.--
``(A) Study.--As soon as practicable after the date
of enactment of this paragraph, the Secretary shall
enter into an arrangement with the National Academy of
Sciences under which the Academy shall conduct a study
to determine--
``(i) whether the benefits provided through
each award under this subsection during
calendar year 2011 have been maximized; and
``(ii) the new areas of research that could
be carried out to meet the overall objectives
of the program.
``(B) Report.--Not later than January 1, 2012, the
Secretary shall submit to the appropriate committees of
Congress a report that contains a description of the
results of the study conducted under subparagraph (A).
``(C) Optional updates.--The Secretary may update
the report described in subparagraph (B) for the 5-year
period beginning on the date described in that
subparagraph and each 5-year period thereafter.'';
(5) in subsection (e)--
(A) in paragraph (2)--
(i) in the second sentence of subparagraph
(A), by inserting ``to the Secretary for
review'' after ``submit''; and
(ii) in the first sentence of subparagraph
(B), by striking ``Ultra-Deepwater'' and all
that follows through ``and such Advisory
Committees'' and inserting ``Program Advisory
Committee established under section 999D(a),
and the Advisory Committee''; and
(B) by adding at the end the following:
``(6) Research findings and recommendations for
implementation.--The Secretary, in consultation with the
Secretary of the Interior and the Administrator of the
Environmental Protection Agency, shall publish in the Federal
Register an annual report on the research findings of the
program carried out under this section and any recommendations
for implementation that the Secretary, in consultation with the
Secretary of the Interior and the Administrator of the
Environmental Protection Agency, determines to be necessary.'';
(6) in subsection (i)--
(A) in the subsection heading, by striking ``United
States Geological Survey'' and inserting ``Department
of the Interior''; and
(B) by striking ``, through the United States
Geological Survey,''; and
(7) in the first sentence of subsection (j), by striking
``National Energy Technology Laboratory, on behalf of the''.
SEC. 4. ADDITIONAL REQUIREMENTS FOR AWARDS.
Section 999C(b) of the Energy Policy Act of 2005 (42 U.S.C.
16373(b)) is amended by striking ``an ultra-deepwater technology or an
ultra-deepwater architecture'' and inserting ``a deepwater
technology''.
SEC. 5. PROGRAM ADVISORY COMMITTEE.
Section 999D of the Energy Policy Act of 2005 (42 U.S.C. 16374) is
amended to read as follows:
``SEC. 999D. PROGRAM ADVISORY COMMITTEE.
``(a) Establishment.--Not later than 270 days after the date of
enactment of the Safer Oil and Gas Production Research and Development
Act of 2010, the Secretary shall establish an advisory committee to be
known as the `Program Advisory Committee' (referred to in this section
as the `Advisory Committee').
``(b) Membership.--
``(1) In general.--The Advisory Committee shall be composed
of members appointed by the Secretary, including--
``(A) individuals with extensive research
experience or operational knowledge of hydrocarbon
exploration and production;
``(B) individuals broadly representative of the
affected interests in hydrocarbon production, including
interests in environmental protection and safety
operations;
``(C) representatives of Federal agencies,
including the Environmental Protection Agency and the
Department of the Interior;
``(D) State regulatory agency representatives; and
``(E) other individuals, as determined by the
Secretary.
``(2) Limitations.--
``(A) In general.--The Advisory Committee shall not
include individuals who are board members, officers, or
employees of the program consortium.
``(B) Categorical representation.--In appointing
members of the Advisory Committee, the Secretary shall
ensure that no class of individuals described in any of
subparagraphs (A), (B), (D), or (E) of paragraph (1)
comprises more than \1/3\ of the membership of the
Advisory Committee.
``(c) Subcommittees.--The Advisory Committee may establish
subcommittees for separate research programs carried out under this
subtitle.
``(d) Duties.--The Advisory Committee shall--
``(1) advise the Secretary on the development and
implementation of programs under this subtitle; and
``(2) carry out section 999B(e)(2)(B).
``(e) Compensation.--A member of the Advisory Committee shall serve
without compensation but shall be entitled to receive travel expenses
in accordance with subchapter I of chapter 57 of title 5, United States
Code.
``(f) Prohibition.--The Advisory Committee shall not make
recommendations on funding awards to particular consortia or other
entities, or for specific projects.''.
SEC. 6. DEFINITIONS.
Section 999G of the Energy Policy Act of 2005 (42 U.S.C. 16377) is
amended--
(1) in paragraph (1), by striking ``200 but less than 1,500
meters'' and inserting ``500 feet'';
(2) by striking paragraphs (8), (9), and (10);
(3) by redesignating paragraphs (2) through (7) and (11) as
paragraphs (4) through (9) and (10), respectively;
(4) by inserting after paragraph (1) the following:
``(2) Deepwater architecture.--The term `deepwater
architecture' means the integration of technologies for the
exploration for, or production of, natural gas or other
petroleum resources located at deepwater depths.
``(3) Deepwater technology.--The term `deepwater
technology' means a discrete technology that is specially
suited to address 1 or more challenges associated with the
exploration for, or production of, natural gas or other
petroleum resources located at deepwater depths.''; and
(5) in paragraph (10) (as redesignated by paragraph (3)),
by striking ``in an economically inaccessible geological
formation, including resources of small producers''.
SEC. 7. FUNDING.
Section 999H of the Energy Policy Act of 2005 (42 U.S.C. 16378) is
amended--
(1) in the first sentence of subsection (a) by striking
``Ultra-Deepwater and Unconventional Natural Gas and Other
Petroleum Research Fund'' and inserting ``Safe Oil and Gas
Production and Accident Prevention Research Fund'';
(2) in subsection (d)--
(A) in paragraph (1), by striking ``35 percent''
and inserting ``21.5 percent'';
(B) in paragraph (2), by striking ``32.5 percent''
and inserting ``21 percent''; and
(C) in paragraph (4)--
(i) by striking ``25 percent'' and
inserting ``50 percent'';
(ii) by striking ``complementary research''
and inserting ``safety technology research and
development''; and
(iii) by striking ``contract management,''
and all that follows through the period at the
end and inserting ``and contract management.'';
and
(3) in subsection (f), by striking ``Ultra-Deepwater and
Unconventional Natural Gas and Other Petroleum Research Fund''
and inserting ``Safe and Responsible Energy Production Research
Fund''.
SEC. 8. CONFORMING AMENDMENT.
Subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C.
16371 et seq.) is amended by striking the subtitle heading and
inserting ``Safe Oil and Gas Production and Accident Prevention
Program''. | Safer Oil and Gas Production Research and Development Act of 2010 - Amends the Energy Policy Act of 2005 to: (1) direct the Secretary of Energy to implement a deepwater (in lieu of ultra-deepwater) technologies research and development program, which includes addressing technology challenges for well control and accident prevention; and (2) implement research supportive of such activities through the Department of Energy (DOE).
Revises the petroleum resources research and development program to: (1) replace ultra-deepwater activities with deepwater architecture, well control and accident prevention and deepwater technology, including drilling to deep formations in waters greater than 500 feet (currently, greater than 15,000 feet); and (2) replace complementary research performed by the National Energy Technology Laboratory with safety and environmental technology research and development for drilling activities aimed at well control and accident prevention performed by DOE.
Directs the Secretary to ensure the safe and environmentally responsible production of natural gas and other petroleum resources of the United States.
Revises requirements for focus areas for awards for research, development, and demonstration to include: (1) individual deepwater resources exploration and production technologies aimed at improving operational safety and reducing environmental impacts of exploration and production activities; (2) nontoxic materials for use in exploration and production activities; (3) accident prevention and environmental mitigation of unconventional natural gas and other petroleum resources exploration and production; and (4) safety and accident prevention technology research and development, with special attention to small producers.
Directs the Secretary to arrange with the National Academy of Sciences to study: (1) whether the benefits provided through each award during calendar year 2011 have been maximized; and (2) new areas of research that could be implemented to meet program objectives.
Replaces the Ultra-Deepwater Advisory Committee and the Unconventional Resources Technology Advisory Committee with a Program Advisory Committee.
Revises the formula for allocation of amounts obligated from the Safe Oil and Gas Production and Accident Prevention Research Fund, with an increased allocation for safety technology research and development. | {"src": "billsum_train", "title": "A bill to amend the Energy Policy Act of 2005 to promote the research and development of technologies and best practices for the safe development and extraction of natural gas and other petroleum resources, and for other purposes."} | 2,961 | 406 | 0.680483 | 2.117237 | 0.929238 | 3.625641 | 6.912821 | 0.923077 |
SECTION 1. IMPORTATION OF COVERED PRODUCTS FOR PERSONAL USE.
Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381 et seq.) is amended--
(1) in section 801(d)(1), by inserting ``and section 804''
after ``paragraph (2)''; and
(2) by adding at the end the following:
``SEC. 804. IMPORTATION OF COVERED PRODUCTS FOR PERSONAL USE.
``(a) General Authority With Respect to Personal Baggage.--
``(1) Regulations.--
``(A) In general.--Notwithstanding sections 301(d),
301(t), and 801(a), the Secretary shall promulgate
regulations permitting individuals to import into the
United States from Canada, in personal baggage, a
covered product that meets--
``(i) the conditions described in
subparagraph (B); and
``(ii) such additional criteria as the
Secretary may specify in order to ensure the
safety of patients in the United States.
``(B) Conditions.--A covered product may be
imported under such regulations if--
``(i) the intended use of the product is
appropriately identified;
``(ii) the product is not considered to
represent a significant health risk (as
determined by the Secretary without any
consideration given to the cost or availability
of such a product in the United States); and
``(iii) the individual seeking to import
the product--
``(I) affirms in writing that the
product is for the personal use of the
individual;
``(II) seeks to import an amount of
the product appropriate for personal
use, such as a 3-month supply; and
``(III) provides the name and
address of a health professional
licensed to prescribe drugs in the
United States that is responsible for
treatment with the product or provides
evidence that the product is for the
continuation of a treatment begun in a
foreign country.
``(IV) provides a detailed
description of the covered product
being imported, including the name,
amount, and market value of the
product;
``(V) provides the time when and
the place where the covered product is
purchased;
``(VI) provides the port of entry
to which the covered product is
destined;
``(VII) provides the name, address,
and telephone number of the individual
who is importing the covered product;
and
``(VIII) provides any other
information that the Secretary
determines to be necessary, including
such information as the Secretary
determines to be appropriate to
identify the facility in which the
product was manufactured.
``(2) Promulgation.--In promulgating regulations under
paragraph (1), the Secretary shall consult with the United
States Trade Representative and the Commissioner of Customs.
``(b) General Authority With Respect to Mail Order.--
``(1) Regulations.--Notwithstanding sections 301(d),
301(t), and 801(a), the Secretary shall promulgate regulations
permitting individuals to import into the United States from
Canada, by mail order, a covered product that meets such
criteria as the Secretary specifies to ensure the safety of
patients in the United States. The Secretary shall refer to the
criteria described in subsection (a)(1), and, to the extent
practicable, use such criteria as a guide in promulgating such
regulations.
``(2) Promulgation.--In promulgating regulations under
paragraph (1), the Secretary shall consult with the United
States Trade Representative and the Commissioner of Customs.
``(3) Records.--Any information documenting the importation
of a covered product under the regulations described in
paragraph (1) shall be gathered and maintained by the Secretary
for such period as the Secretary determines to be appropriate.
``(c) Study and Report.--
``(1) Study.--The Secretary shall conduct a study on the
imports permitted under this section, taking into consideration
the information received under subsections (a)(4) and (b)(3).
In conducting the study, the Secretary shall evaluate the
safety and purity of the products imported, and other patent
and trade issues that may have an effect on the safety or
availability of such products.
``(2) Report.--Not later than 5 years after the date of
enactment of this section, the Secretary shall prepare and
submit to Congress a report containing the study described in
paragraph (1).
``(d) Construction.--Nothing in this section shall be construed to
limit the statutory, regulatory, or enforcement authority of the
Secretary relating to importation of covered products, other than the
importation described in subsections (a) and (b).
``(e) Limitation.--Information collected pursuant to this section
shall be subject to the provisions of section 522a of title 5, United
States Code (commonly known as the `Privacy Act of 1974').
``(f) Definitions.--In this section:
``(1) Covered product.--The term `covered product' means a
prescription drug under section 503(b)(1).
``(2) Market value.--The term `market value' means the
price actually paid for the covered product in Canada or, in
the case of a gift, the price at which the covered product is
being sold in Canada.''. | Allows importation of such product if: (1) the intended use is appropriately identified; (2) the product is not considered to represent a significant health risk; and (3) the individual seeking to import the product affirms that it is for personal use, seeks only to import enough for personal use, describes the product and identifies its importer, and provides the name and address of a licensed health professional responsible for treatment with the product or provides evidence that the product continues a treatment begun in a foreign country.
Requires the Secretary to study and report to Congress on such permitted imports. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and cosmetic Act to permit importation in personal baggage and through mail order of certain covered products for personal use from Canada, and for other purposes."} | 1,178 | 125 | 0.622848 | 1.684003 | 0.636832 | 2.8 | 9.521739 | 0.904348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Historic Lighthouse
Preservation Act of 1997''.
SEC. 2. PRESERVATION OF HISTORIC LIGHT STATIONS.
Title III of the National Historic Preservation Act (16 U.S.C.
470w-470w-6) is amended by adding at the end the following new section:
``SEC. 308. HISTORIC LIGHTHOUSE PRESERVATION.
``(a) In General.--In order to provide a national historic light
station program, the Secretary shall--
``(1) collect and disseminate information concerning
historic light stations, including historic lighthouses and
associated structures;
``(2) foster educational programs relating to the history,
practice, and contribution to society of historic light
stations;
``(3) sponsor or conduct research and study into the
history of light stations;
``(4) maintain a listing of historic light stations; and
``(5) assess the effectiveness of the program established
by this section regarding the conveyance of historic light
stations.
``(b) Conveyance of Historic Light Stations.--
``(1) Within 1 year after the date of enactment of the
National Historic Lighthouse Preservation Act of 1997, the
Secretary and the Administrator of General Services (in this
section referred to as the Administrator) shall establish a
process for identifying, and selecting, an eligible entity to
which a historic light station could be conveyed for education,
park, recreation, cultural, and historic preservation purposes.
``(2) The Secretary shall review all applicants for the
conveyance of a historic light station, when the historic light
station has been identified as excess to the needs of the
agency with administrative jurisdiction over the historic light
station, and forward to the Administrator a single approved
application for the conveyance of the historic light station.
When selecting an eligible entity, the Secretary may consult
with the State Historic Preservation Officer of the State in
which the historic light station is located. A priority of
consideration shall be afforded public entities that submit
applications in which the public entity enters into a
partnership with a nonprofit organization whose primary mission
is historic light station preservation.
``(3) The Administrator shall convey, by quit claim deed,
without consideration, all right, title, and interest of the
United States in and to the historic light station, together
with any related real property, subject to the conditions set
forth in subsection (c) upon the Secretary's selection of an
eligible entity. The conveyance of a historic light station
under this section shall not be subject to the provisions of
Public Law 100-77 (42 U.S.C. 11301 et seq.).
``(c) Terms of Conveyance.--
``(1) The conveyance of a historic light station shall be
made subject to any conditions as the Administrator considers
necessary to ensure that--
``(A) the lights, antennas, sound signal,
electronic navigation equipment, and associated light
station equipment located on the property conveyed,
which are active aids to navigation, shall continue to
be operated and maintained by the United States for as
long as needed for this purpose;
``(B) the eligible entity to which the historic
light station is conveyed under this section shall not
interfere or allow interference in any manner with aids
to navigation without the express written permission of
the head of the agency responsible for maintaining the
aids to navigation;
``(C) there is reserved to the United States the
right to relocate, replace, or add any aid to
navigation or make any changes to the property conveyed
under this section as may be necessary for navigation
purposes;
``(D) the eligible entity to which the historic
light station is conveyed under this section shall
maintain the property in accordance with this Act, the Secretary's
Historic Preservation Standards, and other applicable laws; and
``(E) the United States shall have the right, at
any time, to enter property conveyed under this section
without notice for purposes of maintaining and
inspecting aids to navigation and ensuring compliance
with paragraph (C), to the extent that it is not
possible to provide advance notice.
``(2) The Secretary, the Administrator, and any eligible
entity to which a historic light station is conveyed under this
section, shall not be required to maintain any active aids to
navigation associated with a historic light station.
``(3) In addition to any term or condition established
pursuant to this subsection, the conveyance of a historic light
station shall include a condition that the property in its
existing condition, at the option of the Administrator, revert
to the United States if--
``(A) the property or any part of the property
ceases to be available for education, park, recreation,
cultural, and historic preservation purposes for the
general public at reasonable times and under reasonable
conditions which shall be set forth in the eligible
entity's application;
``(B) the property or any part of the property
ceases to be maintained in a manner that ensures its
present or future use as an aid to navigation or
compliance with this Act, the Secretary's Historic
Preservation Standards, and other applicable laws; or
``(C) at least 30 days before the reversion, the
Administrator provides written notice to the owner that
the property is needed for national security purposes.
``(d) Description of Property.--The legal description of any
historic light station, and any real property and improvements
associated therewith, conveyed under this section shall be determined
by the Administrator. The Administrator may retain all right, title,
and interest of the United States in and to any historical artifact,
including any lens or lantern, that is associated with the historical
light station whether located at the light station or elsewhere.
``(e) Responsibilities of Conveyees.--Each eligible entity to which
a historic light station is conveyed under this section shall use and
maintain the light station in accordance with this section, and have
such terms and conditions recorded with the deed of title to the light
station and any real property conveyed therewith.
``(f) Definitions.-- For purposes of this section:
``(1) Historic light station.--The term `historic light
station' includes the light tower, lighthouse, keepers
dwelling, garages, storage sheds, support structures, piers,
walkways, and underlying land; provided that the light tower or
lighthouse shall be--
``(A) at least 50 years old;
``(B) evaluated for inclusion in the National
Register of Historic Places; and
``(C) included on the Secretary's listing of
historic light stations.
``(2) Eligible entity.--The term `eligible entity' means
any department or agency of the Federal Government, any
department or agency of the State in which the historic light
station is located, the local government of the community in
which the historic light station is located, nonprofit
corporation, educational agency, or community development
organization that--
``(A) has agreed to comply with the conditions set
forth in subsection (c) and to have those conditions
recorded in the conveyance documents to the light
station and any real property and improvements that may
be conveyed therewith;
``(B) is financially able to maintain the light
station (and any real property and improvements
conveyed therewith) in accordance with the conditions
set forth in subsection (c); and
``(C) can indemnify the Federal Government to cover
any loss in connection with the light station and any
real property and improvements that may be conveyed
therewith, or any expenses incurred due to
reversion.''.
SEC. 3. SALE OF SURPLUS LIGHT STATIONS.
Title III of the National Historic Preservation Act (16 U.S.C.
470w-470w-6) is further amended by adding at the end the following new
section:
``SEC. 309. HISTORIC LIGHT STATION SALES.
``In the event no applicants are approved for the conveyance of a
historic light station pursuant to section 308, the historic light
station shall be offered for sale. Terms of such sales shall be
developed by the Administrator of General Services. Conveyance
documents shall include all necessary covenants to protect the
historical integrity of the site. Net sale proceeds shall be
transferred to the National Maritime Heritage Grant Program,
established by the National Maritime Heritage Act of 1994 (Public Law
103-451) within the Department of the Interior.''.
SEC. 4. TRANSFER OF HISTORIC LIGHT STATIONS TO FEDERAL AGENCIES.
Title III of the National Historic Preservation Act (16 U.S.C. 470-
470x) is further amended by adding at the end the following new
section:
``SEC. 310. TRANSFER OF HISTORIC LIGHT STATIONS TO FEDERAL AGENCIES.
``After the date of enactment of the National Historic Lighthouse
Preservation Act of 1997, any department or agency of the Federal
Government to which a historic light station is conveyed shall maintain
the historic light station in accordance with this Act, the Secretary's
Historic Preservation Standards, and other applicable laws.''. | National Historic Lighthouse Preservation Act of 1997 - Amends the National Historic Preservation Act to direct the Secretary of the Interior, in order to provide a national historic light station program, to: (1) collect and disseminate information concerning such stations; (2) foster educational programs relating to the history, practice, and contribution to society of such stations; (3) sponsor or conduct research and study into the history of such stations; (4) maintain a listing of such stations; and (5) assess the effectiveness of the program regarding the conveyance of such stations.
Directs the Secretary and the Administrator of General Services to establish a process for identifying and selecting an eligible entity to which a station could be conveyed for education, park, recreation, cultural, and historic preservation purposes.
Requires: (1) the Secretary to review all applicants for the conveyance of a station identified as excess to an agency's needs and forward to the Administrator a single approved application for such station; and (2) the Administrator to convey such station, subject to specified conditions that include a requirement that active aids to navigation continue to be operated and maintained by the United States if considered necessary by the Administrator.
Requires: (1) a station to be offered for sale in accordance with terms developed by the Administrator if no applicants are approved for conveyance; and (2) net sale proceeds to be transferred to the National Maritime Heritage Grant Program.
Requires any Federal department or agency to which a station is conveyed to maintain the station in accordance with the National Historic Preservation Act of 1966 and the Secretary's Historic Preservation Standards. | {"src": "billsum_train", "title": "National Historic Lighthouse Preservation Act of 1997"} | 1,987 | 339 | 0.735692 | 2.151389 | 0.786017 | 4.694006 | 5.917981 | 0.952681 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Care for Seniors Act of
2015''.
SEC. 2. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM.
Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w-
23(a)(1)(C)) is amended by adding at the end the following new clauses:
``(iv) Evaluation and subsequent revision
of the risk adjustment system to account for
chronic conditions and other factors for the
purpose of making the risk adjustment system
more accurate, transparent, and regularly
updated.--
``(I) Revision based on number of
chronic conditions.--The Secretary
shall revise for 2017 and periodically
thereafter, the risk adjustment system
under this subparagraph so that a risk
score under such system, with respect
to an individual, takes into account
the number of chronic conditions with
which the individual has been
diagnosed.
``(II) Evaluation of different risk
adjustment models.--The Secretary shall
evaluate the impact of including two
years of data to compare the models
used to determine risk scores for 2013
and 2014 under such system.
``(III) Evaluation and analysis on
chronic kidney disease (ckd) codes.--
The Secretary shall evaluate the impact
of removing the diagnosis codes related
to chronic kidney disease in the 2014
risk adjustment model and conduct an
analysis of best practices of MA plans
to slow disease progression related to
chronic kidney disease.
``(IV) Evaluation and
recommendations on use of encounter
data.--The Secretary shall evaluate the
impact of including 10 percent of
encounter data in computing payment for
2016 and the readiness of the Centers
for Medicare & Medicaid Services to
incorporate encounter data in risk
scores. In conducting such evaluation,
the Secretary shall use data collected
as encounter data on or after January
1, 2012, shall conduct statistical
analyses on such data for accuracy and
completeness and issue recommendations
for improving such accuracy and
completeness, and shall not increase
the percentage of such encounter data
used unless the Secretary releases the
results of the analyses publicly,
indicates how such data will be
weighted in computing the risk scores,
and ensures that the data reflects the
degree and cost of care coordination
under MA plans.
``(V) Conduct of evaluations.--
Evaluations and analyses under
subclauses (II) through (IV) shall
include an actuarial opinion from the
Chief Actuary of the Centers for
Medicare & Medicaid Services about the
reasonableness of the methods,
assumptions, and conclusions of such
evaluations and analyses. The Secretary
shall consult with the Medicare Payment
Advisory Commission and accept and
consider comments of stakeholders, such
as managed care organizations and
beneficiary groups, on such evaluation
and analyses. The Secretary shall
complete such evaluations and analyses
in a manner that permits the results to
be applied for plan years beginning
with the second plan year that begins
after the date of the enactment of this
clause.
``(VI) Implementation of revisions
based on evaluations.--If the Secretary
determines, based on such an evaluation
or analysis, that revisions to the risk
adjustment system to address the
matters described in any of subclauses
(II) through (IV) would make the risk
adjustment system under this
subparagraph better reflect and
appropriately weight for the population
that is served by the plan, the
Secretary shall, beginning with 2017,
and periodically thereafter, make such
revisions.
``(VII) Periodic reporting to
congress.--With respect to plan years
beginning with 2017 and every third
year thereafter, the Secretary shall
submit to Congress a report on the most
recent revisions (if any) made under
this clause, including the evaluations
conducted under subclauses (II) through
(IV).
``(v) No changes to adjustment factors that
prevent activities consistent with national
health policy goals.--In making any changes to
the adjustment factors, including adjustment
for health status under paragraph (3), the
Secretary shall ensure that the changes do not
prevent Medicare Advantage organizations from
performing or undertaking activities that are
consistent with national health policy goals,
including activities to promote early detection
and better care coordination, the use of health
risk assessments, care plans, and programs to
slow the progression of chronic diseases.
``(vi) Opportunity for review and public
comment regarding changes to adjustment
factors.--For changes to adjustment factors
effective for 2017 and subsequent years, in
addition to providing notice of such changes in
the announcement under subsection (b)(2), the
Secretary shall provide an opportunity for
review of proposed changes of not less than 60
days and a public comment period of not less
than 30 days before implementing such
changes.''.
SEC. 3. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE RISK
ADJUSTMENT.
It is the sense of Congress that--
(1) the Secretary of Health and Human Services should
periodically monitor and improve the Medicare Advantage risk
adjustment model to ensure that it accurately accounts for
beneficiary risk, including for those individuals with complex
chronic comorbid conditions;
(2) the Secretary should closely examine the current
Medicare Advantage risk adjustment methodology to ensure that
plans enrolling beneficiaries with the greatest health care
needs receive adequate reimbursement to deliver high-quality
care and other services to help beneficiaries avoid costly
complications and further progression of chronic conditions and
to the extent data indicate this to be the case, the Secretary
should make necessary adjustment to the risk adjustment
methodology; and
(3) the Secretary should reconsider the implementation of
changes in the Medicare Advantage risk adjustment methodology
finalized for 2016 and to use to the extent appropriate the
methodology finalized in 2015 for one additional year. | Securing Care for Seniors Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare & Medicaid Services (CMS) to periodically revise the Medicare Advantage (MA) risk adjustment system, such that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. In addition, CMS must evaluate the impacts to the system of: (1) using two years of data, (2) removing diagnostic codes related to chronic kidney disease, and (3) modifying the use of encounter data (information on services furnished to MA enrollees). If CMS subsequently determines that any of these revisions would better reflect the population served, CMS shall make such revisions. Before doing so, however, CMS must: (1) ensure that the changes do not prevent an MA organization from performing activities that are consistent with national health policy goals, and (2) provide an opportunity for review and public comment. | {"src": "billsum_train", "title": "Securing Care for Seniors Act of 2015"} | 1,185 | 238 | 0.666564 | 2.088537 | 0.750119 | 2.405405 | 6.32973 | 0.848649 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom of Choice Act of 1993''.
SEC. 2. CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The 1973 Supreme Court decision in Roe v. Wade
established constitutionally based limits on the power of
States to restrict the right of a woman to choose to terminate
a pregnancy. Under the strict scrutiny standard enunciated in
Roe v. Wade, States were required to demonstrate that laws
restricting the right of a woman to choose to terminate a
pregnancy were the least restrictive means available to achieve
a compelling State interest. Since 1989, the Supreme Court has
no longer applied the strict scrutiny standard in reviewing
challenges to the constitutionality of State laws restricting
such rights.
(2) As a result of the Supreme Court's recent modification
of the strict scrutiny standard enunciated in Roe v. Wade,
certain States have restricted the right of women to choose to
terminate a pregnancy or to utilize some forms of
contraception, and these restrictions operate cumulatively to--
(A)(i) increase the number of illegal or medically
less safe abortions, often resulting in physical
impairment, loss of reproductive capacity or death to
the women involved;
(ii) burden interstate commerce by forcing women to
travel from States in which legal barriers render
contraception or abortion unavailable or unsafe to
other States or foreign nations;
(iii) interfere with freedom of travel between and
among the various States;
(iv) burden the medical and economic resources of
States that continue to provide women with access to
safe and legal abortion; and
(v) interfere with the ability of medical
professionals to provide health services;
(B) obstruct access to and use of contraceptive and
other medical techniques that are part of interstate
and international commerce;
(C) discriminate between women who are able to
afford interstate and international travel and women
who are not, a disproportionate number of whom belong
to racial or ethnic minorities; and
(D) infringe upon women's ability to exercise full
enjoyment of rights secured to them by Federal and
State law, both statutory and constitutional.
(3) Although Congress may not by legislation create
constitutional rights, it may, where authorized by its
enumerated powers and not prohibited by a constitutional
provision, enact legislation to create and secure statutory
rights in areas of legitimate national concern.
(4) Congress has the affirmative power both under section 8
of article I of the Constitution of the United States and under
section 5 of the Fourteenth Amendment of the Constitution to
enact legislation to prohibit State interference with
interstate commerce, liberty or equal protection of the laws.
(b) Purpose.--It is the purpose of this Act to establish, as a
statutory matter, limitations upon the power of States to restrict the
freedom of a woman to terminate a pregnancy in order to achieve the
same limitations as provided, as a constitutional matter, under the
strict scrutiny standard of review enunciated in Roe v. Wade and
applied in subsequent cases from 1973 to 1988.
SEC. 3. FREEDOM TO CHOOSE.
(a) In General.--A State--
(1) may not restrict the freedom of a woman to choose
whether or not to terminate a pregnancy before fetal viability;
(2) may restrict the freedom of a woman to choose whether
or not to terminate a pregnancy after fetal viability unless
such a termination is necessary to preserve the life or health
of the woman; and
(3) may impose requirements on the performance of abortion
procedures if such requirements are medically necessary to
protect the health of women undergoing such procedures.
(b) Rules of Construction.--Nothing in this Act shall be construed
to--
(1) prevent a State from protecting unwilling individuals
or private health care institutions from having to participate
in the performance of abortions to which they are
conscientiously opposed;
(2) prevent a State from declining to pay for the
performance of abortions; or
(3) prevent a State from requiring a minor to involve a
parent, guardian, or other responsible adult before terminating
a pregnancy.
SEC. 4. DEFINITION OF STATE.
As used in this Act, the term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, and each other territory or
possession of the United States. | Freedom of Choice Act of 1993 - Provides that a State may not restrict the right of a woman to choose to terminate a pregnancy before fetal viability. Allows a State to: (1) restrict the freedom of a woman to chose to terminate a pregnancy after viability unless the termination is necessary to protect the life or health of the woman; and (2) impose requirements on abortions if the requirements are necessary to protect the life or health of the woman. Declares that nothing in this Act shall be construed to prevent a State from: (1) protecting individuals or private health care institutions from having to participate in abortions to which they are conscientiously opposed; (2) declining to pay for abortions; or (3) requiring minors to involve responsible adults before terminating a pregnancy. | {"src": "billsum_train", "title": "Freedom of Choice Act of 1993"} | 964 | 174 | 0.543241 | 1.492338 | 0.678468 | 3.864516 | 5.748387 | 0.922581 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The HAMP Termination Act of 2011''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) According to the Department of the Treasury--
(A) the Home Affordable Modification Program (HAMP)
is designed to ``help as many as 3 to 4 million
financially struggling homeowners avoid foreclosure by
modifying loans to a level that is affordable for
borrowers now and sustainable over the long term''; and
(B) as of February 2011, only 607,600 active
permanent mortgage modifications were made under HAMP.
(2) Many homeowners whose HAMP modifications were canceled
suffered because they made futile payments and some of those
homeowners were even forced into foreclosure.
(3) The Special Inspector General for TARP reported that
HAMP ``benefits only a small portion of distressed homeowners,
offers others little more than false hope, and in certain cases
causes more harm than good''.
(4) Approximately $30 billion was obligated by the
Department of the Treasury to HAMP, however, approximately only
$840 million has been disbursed.
(5) Terminating HAMP would save American taxpayers
approximately $1.4 billion, according to the Congressional
Budget Office.
SEC. 3. TERMINATION OF AUTHORITY.
Section 120 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5230) is amended by adding at the end the following new
subsection:
``(c) Termination of Authority To Provide New Assistance Under the
Home Affordable Modification Program.--
``(1) In general.--Except as provided under paragraph (2),
after the date of the enactment of this subsection the
Secretary may not provide any assistance under the Home
Affordable Modification Program under the Making Home
Affordable initiative of the Secretary, authorized under this
Act, on behalf of any homeowner.
``(2) Protection of existing obligations on behalf of
homeowners already extended an offer to participate in the
program.--Paragraph (1) shall not apply with respect to
assistance provided on behalf of a homeowner who, before the
date of the enactment of this subsection, was extended an offer
to participate in the Home Affordable Modification Program on a
trial or permanent basis.
``(3) Deficit reduction.--
``(A) Use of unobligated funds.--Notwithstanding
any other provision of this title, the amounts
described in subparagraph (B) shall not be available
after the date of the enactment of this subsection for
obligation or expenditure under the Home Affordable
Modification Program of the Secretary, but should be
covered into the General Fund of the Treasury and
should be used only for reducing the budget deficit of
the Federal Government.
``(B) Identification of unobligated funds.--The
amounts described in this subparagraph are any amounts
made available under title I of the Emergency Economic
Stabilization Act of 2008 that--
``(i) have been allocated for use, but not
yet obligated as of the date of the enactment
of this subsection, under the Home Affordable
Modification Program of the Secretary; and
``(ii) are not necessary for providing
assistance under such Program on behalf of
homeowners who, pursuant to paragraph (2), may
be provided assistance after the date of the
enactment of this subsection.
``(4) Study of use of program by members of the armed
forces, veterans, and gold star recipients.--
``(A) Study.--The Secretary shall conduct a study
to determine the extent of usage of the Home Affordable
Modification Program by, and the impact of such Program
on, covered homeowners.
``(B) Report.--Not later than the expiration of the
90-day period beginning on the date of the enactment of
this subsection, the Secretary shall submit to the
Congress a report setting forth the results of the
study under subparagraph (A) and identifying best
practices, derived from studying the Home Affordable
Modification Program, that could be applied to existing
mortgage assistance programs available to covered
homeowners.
``(C) Covered homeowner.--For purposes of this
subsection, the term `covered homeowner' means a
homeowner who is--
``(i) a member of the Armed Forces of the
United States on active duty or the spouse or
parent of such a member;
``(ii) a veteran, as such term is defined
in section 101 of title 38, United States Code;
or
``(iii) eligible to receive a Gold Star
lapel pin under section 1126 of title 10,
United States Code, as a widow, parent, or next
of kin of a member of the Armed Forces person
who died in a manner described in subsection
(a) of such section.
``(5) Publication of member availability for assistance.--
Not later than 5 days after the date of the enactment of this
subsection, the Secretary of the Treasury shall publish to its
Website on the World Wide Web in a prominent location, large
point font, and boldface type the following statement: `The
Home Affordable Modification Program (HAMP) has been
terminated. If you are having trouble paying your mortgage and
need help contacting your lender or servicer for purposes of
negotiating or acquiring a loan modification, please contact
your Member of Congress to assist you in contacting your lender
or servicer for the purpose of negotiating or acquiring a loan
modification.'.
``(6) Notification to hamp applicants required.--
``(A) In general.--Not later than 30 days after the
date of the enactment of this subsection, the Secretary
of the Treasury shall inform each individual who
applied for the Home Affordable Modification Program
and will not be considered for a modification under
such Program due to termination of such Program under
this subsection--
``(i) that such Program has been
terminated;
``(ii) that loan modifications under such
Program are no longer available;
``(iii) of the name and contact information
of such individual's Member of Congress; and
``(iv) that the individual should contact
his or her Member of Congress to assist the
individual in contacting the individual's
lender or servicer for the purpose of
negotiating or acquiring a loan
modification.''.
SEC. 4. SENSE OF CONGRESS.
The Congress encourages banks to work with homeowners to provide
loan modifications to those that are eligible. The Congress also
encourages banks to work and assist homeowners and prospective
homeowners with foreclosure prevention programs and information on loan
modifications.
Passed the House of Representatives March 29, 2011.
Attest:
KAREN L. HAAS,
Clerk. | HAMP Termination Act of 2011 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to terminate the authority of the Secretary of the Treasury to provide new mortgage modification assistance under the Home Affordable Modification Program (HAMP), except with respect to existing obligations on behalf of homeowners already extended an offer to participate in the program.
Declares unavailable after the enactment of this Act for obligation or expenditure under HAMP any amounts made available for HAMP under EESA title I that: (1) have been allocated for use but not yet obligated, and (2) are not necessary for providing HAMP assistance on behalf of those homeowners already extended an offer to participate in HAMP. Urges that such amounts be covered into the General Fund of the Treasury for use only in reducing the budget deficit of the federal government.
Directs the Secretary to study: (1) the extent to which HAMP is used by homeowners who are active duty members of the Armed Forces (or their spouses or parents), veterans, or Gold Star-eligible widows, parents, or next of kin of Armed Forces members who died in military operations; and (2) the impact of the program on them.
Requires the Secretary to publish on the departmental website a statement as to: (1) termination of HAMP; and (2) the availability of a Member of Congress to assist any borrower having trouble paying a mortgage and needing help contacting the borrower's lender or servicer to negotiate or acquire a loan modification. Requires the Secretary to give notice of this information to each individual who applied for HAMP and will not be considered for a mortgage modification because of the program's termination.
Declares that Congress encourages banks to work with homeowners to: (1) provide loan modifications to those that are eligible, and (2) assist them as well as prospective homeowners with foreclosure prevention programs and information on loan modifications. | {"src": "billsum_train", "title": "To amend the Emergency Economic Stabilization Act of 2008 to terminate the authority of the Secretary of the Treasury to provide new assistance under the Home Affordable Modification Program, while preserving assistance to homeowners who were already extended an offer to participate in the Program, either on a trial or permanent basis."} | 1,442 | 403 | 0.676695 | 2.279078 | 0.779793 | 3.255495 | 3.739011 | 0.914835 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Nurse Act of 2010''.
SEC. 2. ESTABLISHING THE OFFICE OF THE NATIONAL NURSE.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end the following:
``SEC. 1711. OFFICE OF THE NATIONAL NURSE.
``(a) Establishment of Office.--
``(1) In general.--There is established within the Public
Health Service an office to be known as the Office of the
National Nurse, which shall be headed by a registered nurse,
appointed by the Secretary, serving in a full-time position to
be known as the National Nurse.
``(2) Procedure.--Except for the initial appointment of the
National Nurse under paragraph (3), the Secretary shall appoint
the National Nurse in accordance with Commissioned Corps
Instruction CC23.4.6 (relating to Chief Professional Officer
Nominations), as in effect on February 13, 2008.
``(3) Initial appointment.--Not later than 30 days after
the date of enactment of this section, the Secretary shall
appoint the individual serving as the Chief Nurse Officer of
the Public Health Service as of the date of the enactment of
this section as the first National Nurse.
``(b) Rank and Grade.--The National Nurse shall have the same rank
and grade as the Deputy Surgeon General of the Public Health Service.
``(c) Duties.--The National Nurse shall carry out the following:
``(1) Provide leadership and coordination of Public Health
Service nursing professional affairs for the Office of the
Surgeon General and other agencies of the Public Health
Service, including providing representation for the Government
of the United States at the Global Forum for Government Chief
Nursing and Midwifery Officers and serving as a member of the
Federal Nursing Service Council.
``(2) Represent the Surgeon General and the agencies of
Public Health Service in communications with groups and
societies concerned with nursing issues at the local, State,
national, and international levels.
``(3) Provide guidance and advice to the Surgeon General
and the Nurse Professional Advisory Committee on matters such
as standards, recruitment, retention, readiness, and career
development of nurses employed by and contracted with agencies
of the Public Health Service.
``(4) Conduct media campaigns and make personal appearances
for purposes of paragraphs (5) through (7).
``(5) Provide guidance and leadership for activities to
promote the public health, including encouraging nurses and
other health professionals to be volunteers and developing
projects that educate the public about and engage the public in
prevention practices to achieve better health.
``(6) Provide guidance and leadership to encourage nurses
to become nurse educators.
``(7) Provide guidance and leadership for activities that
will increase public safety and emergency preparedness.
``(d) Annual Health Priorities.--
``(1) In general.--Each fiscal year, the National Nurse
shall identify, in consultation with the Surgeon General, heads
of the agencies of the Public Health Service, States, and
organizations that represent health professionals, annual
health priorities.
``(2) Carrying out annual health priorities.--The National
Nurse, in addressing the annual health priorities, shall
encourage volunteerism of nurses and other individuals, and
strengthen the relationship between Government agencies and
health-related national organizations.
``(3) Community-based projects.--
``(A) In general.--In carrying out this subsection,
the National Nurse shall encourage community-based,
nonprofit organizations to seek grants for the purpose
of education and interventions to address the annual
health priorities.
``(B) Implementation.--In encouraging community-
based, nonprofit organizations under subparagraph (A),
the National Nurse shall--
``(i) provide guidance and coordination on
recommended activities to such organizations;
``(ii) encourage practicing nurses and
other health professionals, including retired
health professionals and students enrolled in
health professional programs, to participate in
health promotion activities and replicate
successful health promotion activities;
``(iii) monitor activities being conducted
through the collection and evaluation of data
to determine if the annual health priorities
are being addressed; and
``(iv) acknowledge successful programs and
encourage their replication.
``(C) Media campaigns.--The National Nurse shall
ensure that media campaigns conducted under subsection
(c)(4) include media campaigns regarding the annual
health priorities.
``(D) Evaluations.--The National Nurse shall,
directly or through awards of grants or contracts,
evaluate the activities encouraged by the National
Nurse and conducted by community-based, nonprofit
organizations under subparagraph (A) to determine the
extent to which such activities have succeeded in
carrying out the purpose described in such
subparagraph.
``(E) Dissemination of information.--The National
Nurse shall disseminate information to governmental
agencies, schools, and community-based, nonprofit
organizations interested in health promotion and
improving public health through community action.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2010 through 2014.''. | National Nurse Act of 2010 - Amends the Public Health Service Act to establish within the Public Health Service an Office of the National Nurse, headed by a registered nurse appointed by the Secretary of Health and Human Services (HHS). Directs the Secretary to: (1) initially appoint the individual serving as the Chief Nurse Officer of the Public Health Service as of this Act's enactment as the first National Nurse; and (2) thereafter appoint the National Nurse in accordance with Commissioned Corps Instruction CC23.4.6 (relating to Chief Professional Officer Nominations), as in effect on February 13, 2008. Grants the National Nurse the same rank and grade as the Deputy Surgeon General.
Lists duties of the National Nurse, including to provide leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Service, to conduct media campaigns, and to provide guidance and leadership for activities that will increase public safety and emergency preparedness.
Requires the National Nurse to: (1) identify annual health priorities; (2) encourage volunteerism and strengthen the relationship between government agencies and health-related national organizations; and (3) encourage community-based, nonprofit organizations to seek grants for the purpose of education and interventions to address the annual priorities (including evaluating the activities encouraged by the National Nurse and conducted by such organizations, and disseminating information to governmental agencies, schools, and organizations interested in health promotion and improving public health through community action). | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish the Office of the National Nurse."} | 1,119 | 311 | 0.724257 | 1.924173 | 0.805817 | 5.126316 | 3.782456 | 0.950877 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arbitration Fairness Act of 2018''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Federal Arbitration Act (now enacted as chapter 1
of title 9 of the United States Code) was intended to apply to
disputes between commercial entities of generally similar
sophistication and bargaining power.
(2) A series of decisions by the Supreme Court of the
United States have interpreted the Act so that it now extends
to consumer disputes and employment disputes, contrary to the
intent of Congress.
(3) Most consumers and employees have little or no
meaningful choice whether to submit their claims to
arbitration. Often, consumers and employees are not even aware
that they have given up their rights.
(4) Mandatory arbitration undermines the development of
public law because there is inadequate transparency and
inadequate judicial review of arbitrators' decisions.
(5) Arbitration can be an acceptable alternative when
consent to the arbitration is truly voluntary, and occurs after
the dispute arises.
SEC. 3. ARBITRATION OF EMPLOYMENT, CONSUMER, ANTITRUST, AND CIVIL
RIGHTS DISPUTES.
(a) In General.--Title 9 of the United States Code is amended by
adding at the end the following:
``CHAPTER 4--ARBITRATION OF EMPLOYMENT, CONSUMER, ANTITRUST, AND CIVIL
RIGHTS DISPUTES
``Sec.
``401. Definitions.
``402. Validity and enforceability.
``Sec. 401. Definitions
``In this chapter--
``(1) the term `antitrust dispute' means a dispute--
``(A) involving a claim for damages allegedly
caused by a violation of the antitrust laws (as defined
in subsection (a) of the first section of the Clayton
Act (15 U.S.C. 12)) or State antitrust laws; and
``(B) in which the plaintiffs seek certification as
a class under rule 23 of the Federal Rules of Civil
Procedure or a comparable rule or provision of State
law;
``(2) the term `civil rights dispute' means a dispute--
``(A) arising under--
``(i) the Constitution of the United States
or the constitution of a State; or
``(ii) a Federal or State statute that
prohibits discrimination on the basis of race,
sex, disability, religion, national origin, or
any invidious basis in education, employment,
credit, housing, public accommodations and
facilities, voting, or program funded or
conducted by the Federal Government or State
government, including any statute enforced by
the Civil Rights Division of the Department of
Justice and any statute enumerated in section
62(e) of the Internal Revenue Code of 1986
(relating to unlawful discrimination); and
``(B) in which at least 1 party alleging a
violation of the Constitution of the United States, a
State constitution, or a statute prohibiting
discrimination is an individual;
``(3) the term `consumer dispute' means a dispute between
an individual who seeks or acquires real or personal property,
services, securities or other investments, money, or credit for
personal, family, or household purposes and the seller or
provider of such property, services, securities or other
investments, money, or credit;
``(4) the term `employment dispute' means a dispute between
an employer and employee arising out of the relationship of
employer and employee as defined in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203); and
``(5) the term `predispute arbitration agreement' means any
agreement to arbitrate a dispute that had not yet arisen at the
time of the making of the agreement.
``Sec. 402. Validity and enforceability
``(a) In General.--Notwithstanding any other provision of this
title, no predispute arbitration agreement shall be valid or
enforceable if it requires arbitration of an employment dispute,
consumer dispute, antitrust dispute, or civil rights dispute.
``(b) Applicability.--
``(1) In general.--An issue as to whether this chapter
applies to an arbitration agreement shall be determined under
Federal law. The applicability of this chapter to an agreement
to arbitrate and the validity and enforceability of an
agreement to which this chapter applies shall be determined by
a court, rather than an arbitrator, irrespective of whether the
party resisting arbitration challenges the arbitration
agreement specifically or in conjunction with other terms of
the contract containing such agreement.
``(2) Collective bargaining agreements.--Nothing in this
chapter shall apply to any arbitration provision in a contract
between an employer and a labor organization or between labor
organizations, except that no such arbitration provision shall
have the effect of waiving the right of an employee to seek
judicial enforcement of a right arising under a provision of
the Constitution of the United States, a State constitution, or
a Federal or State statute, or public policy arising
therefrom.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9 of the United States Code is
amended--
(A) in section 1, by striking ``of seamen,'' and
all that follows through ``interstate commerce'';
(B) in section 2, by inserting ``or as otherwise
provided in chapter 4'' before the period at the end;
(C) in section 208--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.'';
and
(D) in section 307--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.''.
(2) Table of sections.--
(A) Chapter 2.--The table of sections for chapter 2
of title 9, United States Code, is amended by striking
the item relating to section 208 and inserting the
following:
``208. Application.''.
(B) Chapter 3.--The table of sections for chapter 3
of title 9, United States Code, is amended by striking
the item relating to section 307 and inserting the
following:
``307. Application.''.
(3) Table of chapters.--The table of chapters for title 9,
United States Code, is amended by adding at the end the
following:
``4. Arbitration of employment, consumer, antitrust, and 401''.
civil rights disputes.
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date of enactment of this Act and shall apply with respect to any
dispute or claim that arises on or after such date. | Arbitration Fairness Act of 2018 This bill prohibits a predispute arbitration agreement from being valid or enforceable if it requires arbitration of an employment dispute, consumer dispute, antitrust dispute, or civil rights dispute. | {"src": "billsum_train", "title": "Arbitration Fairness Act of 2018"} | 1,566 | 47 | 0.49258 | 1.281953 | 0.953421 | 7.081081 | 39.513514 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Coverage During an
Incident of National Significance Act of 2006''.
SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE TO CERTAIN
INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL
SIGNIFICANCE.
(a) In General.--Subpart G of part III of title 5, United States
Code, is amended by redesignating chapters 89A and 89B as chapters 89B
and 89C, respectively, and by inserting after chapter 89 the following:
``CHAPTER 89A--EMERGENCY HEALTH INSURANCE FOR CERTAIN INDIVIDUALS
AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE
``Sec. 8921. Definitions.
``Sec. 8922. Health insurance for eligible individuals.
``Sec. 8923. Contract requirement.
``Sec. 8924. Eligibility and identification of individuals.
``Sec. 8925. Alternative conditions to Federal employee health benefits
plans.
``SEC. 8921. DEFINITIONS.
``In this chapter--
``(1) the terms defined under section 8901 shall have the
meanings given such terms under that section;
``(2) the term `eligible individual' means any individual
who, at the time of an incident of national significance,
resides or is employed in the area identified under section
8954 with respect to such incident;
``(3) the term `incident of national significance' means a
domestic catastrophic incident which is designated as an
incident of national significance by the President pursuant to
the national response plan referred to in section 502(6) of the
Homeland Security Act of 2002; and
``(4) the term `Office' means the Office of Personnel
Management.
``SEC. 8922. HEALTH INSURANCE FOR ELIGIBLE INDIVIDUALS.
``(a) The Office of Personnel Management shall administer a health
insurance program for eligible individuals in accordance with this
chapter.
``(b) Except as provided under this chapter, the Office shall
prescribe regulations to apply the provisions of chapter 89 to the
greatest extent practicable to eligible individuals covered under this
chapter.
``SEC. 8923. CONTRACT REQUIREMENT.
``(a) In each calendar year, the Office shall enter into a contract
with 3 or more carriers to make available 5 or more health benefits
plans (subject to the provisions of this chapter) to eligible
individuals under this chapter.
``(b) In carrying out this section, the Office may require 5 or
more carriers to enter into a contract described in subsection (a), as
a condition of entering into a contract under section 8902.
``SEC. 8924. ELIGIBILITY AND IDENTIFICATION OF INDIVIDUALS.
``(a) Except as provided in subsection (b), any eligible individual
may enroll in a health benefits plan under this chapter.
``(b) An individual may not enroll in a health benefits plan under
this chapter, if the individual--
``(1) is 65 years of age or older;
``(2) is enrolled or eligible to enroll for coverage under
a public health insurance program, including coverage under
title XVIII of the Social Security Act, coverage under a State
plan under title XIX of such Act, coverage under a State plan
under title XX of such Act, or coverage under any other program
determined by the Office;
``(3) is enrolled or eligible to enroll in a plan under
chapter 89; or
``(4) is a member of the uniformed services as defined
under section 101(a)(5) of title 10.
``(c) With respect to each incident of national significance, the
Secretary of Homeland Security shall, consistent with the President's
designation of such incident, identify the area affected by such
incident and shall, in consulation with the Office, carry out a program
to identify eligible individuals with respect to such incident.
``(d) The period of an individual's enrollment in a health benefits
plan under this chapter shall not exceed 24 months with respect to any
incident of national significance. Such period may be extended by the
Office if the Secretary of Homeland Security determines that the area
identified under subsection (c) remains affected by the incident.
``SEC. 8925. ALTERNATIVE CONDITIONS TO FEDERAL EMPLOYEE HEALTH BENEFITS
PLANS.
``(a) Rates charged and premiums paid for a health benefits plan
under this chapter may differ between or among geographic regions.
``(b) No Government contribution shall be made for any individual
under this chapter.
``(c) In the administration of this chapter, the Office shall
ensure that individuals covered under this chapter shall be in a risk
pool that is separate from the risk pool maintained for individuals
covered under chapter 89.''.
(b) Technical and Conforming Amendments.--
(1) Contract requirement under chapter 89.--Section 8902 of
title 5, United States Code, is amended by adding after
subsection (o) the following:
``(p) Each contract under this chapter may include, at the
discretion of the Office, a provision that the carrier shall enter into
a contract to provide 1 or more health benefits plans as described
under chapter 89A.''.
(2) Table of chapters.--The table of chapters for part III
of title 5, United States Code, is amended--
(A) by redesignating the items relating to chapters
89A and 89B as items relating to chapters 89B and 89C,
respectively; and
(B) by inserting after the item relating to chapter
89 the following:
``Chapter 89A--Emergency Health Insurance for Certain Individuals
Affected by an Incident of National Significance
``Sec. 8921. Definitions.
``Sec. 8922. Health insurance for eligible individuals.
``Sec. 8923. Contract requirement.
``Sec. 8924. Eligibility and identification of individuals.
``Sec. 8925. Alternative conditions to Federal employee health benefits
plans.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall apply to
contracts that take effect with respect to the calendar year following
such date of enactment.
SEC. 3. CREDIT FOR EMERGENCY HEALTH INSURANCE COSTS OF CERTAIN
INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL
SIGNIFICANCE.
(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 36 as section 37 and inserting
after section 35 the following new section:
``SEC. 36. EMERGENCY HEALTH INSURANCE COSTS OF CERTAIN INDIVIDUALS
AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by subtitle A for the
taxable year an amount equal to the applicable percentage of the amount
paid during such taxable year by the taxpayer for coverage of the
taxpayer and family members under the health insurance plan established
under chapter 89A of title 5, United States Code.
``(b) Applicable Percentage.--
``(1) In general.--For purposes of subsection (a), the
applicable percentage shall be determined in accordance with
the following table:
``In the case of any taxpayer whose The applicable percentage is:
family income is the following
percentage of the poverty line:
Not more than 100 percent............ 100 percent
More than 100 percent, but not more 65 percent
than 300 percent.
More than 300 percent, but not more 40 percent
than 500 percent.
More than 500 percent, but not more 30 percent
than 600 percent.
More than 600 percent................ 0 percent.
``(2) Family income.--For purposes of this subsection, the
term `family income' means the aggregate adjusted gross income
of the taxpayer and the taxpayer's spouse and dependents.
``(3) Poverty line.--For purposes of this subsection, the
term `poverty line' means the poverty line as defined in
section 673(2) of the Community Services Block Grant Act, for a
family of the size involved.
``(c) Special Rules.--
``(1) Coordination with advance payments of credit.--With
respect to any taxable year, the amount which would (but for
this paragraph) be allowed as a credit to the taxpayer under
subsection (a) shall be reduced (but not below zero) by the
aggregate amount paid on behalf of such taxpayer under section
7529 for such taxable year.
``(2) Coordination with other deductions.--Amounts taken
into account under subsection (a) shall not be taken into
account in determining any deduction allowed under section
162(l) or 213.
``(3) Treatment of payments.--For purposes of this section,
payments made by the Secretary on behalf of any individual
under section 7529 (relating to advance payment of credit for
emergency health insurance costs of certain individuals
affected by an incident of national significance) shall be
treated as having been made by the taxpayer.
``(4) Regulations.--The Secretary may prescribe such
regulations and other guidance as may be necessary or
appropriate to carry out this section and section 7529.''.
(b) Advance Payment of Credit.--Chapter 77 of the Internal Revenue
Code of 1986 (relating to miscellaneous provisions) is amended by
adding at the end the following new section:
``SEC. 7529. ADVANCE PAYMENT OF CREDIT FOR EMERGENCY HEALTH INSURANCE
COSTS OF CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF
NATIONAL SIGNIFICANCE.
``Not later than August 1, 2007, the Secretary shall establish a
program for making payments on behalf of individuals described in
section 36(a) to the health insurance plan established under chapter
89A of title 5, United States Code.''.
(c) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 36'' after ``section
35''.
(2) The table of sections for subpart C of part IV of
chapter 1 of the Internal Revenue Code of 1986 is amended by
redesignating the item relating to section 36 as an item
relating to section 37 and by inserting after the item relating
to section 35 the following new item:
``Sec. 36. Emergency health insurance costs of certain individuals
affected by an incident of national
significance.''.
(3) The table of sections for chapter 77 of such Code is
amended by adding at the end the following new item:
``Sec. 7529. Advance payment of credit for emergency health insurance
costs of certain individuals affected by an
incident of national significance.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM
TO CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF
NATIONAL SIGNIFICANCE.
Not later than 3 months after the date of enactment of this Act and
after consultation with appropriate experts, the Secretary of Homeland
Security, and other Federal officers, the Director of the Office of
Personnel Management shall submit a comprehensive plan to Congress
that--
(1) provides for the orderly implementation of the
amendments made by this Act; and
(2) includes a schedule of actions to be taken to provide
for that implementation. | Emergency Coverage During an Incident of National Significance Act of 2006 - Directs the Office of Personnel Management (OPM) to administer a health insurance program for certain individuals affected by an incident of national significance.
Requires OPM to contract with three or more carriers to make available five or more federal health benefits plans (subject to the provisions of this Act) to eligible individuals.
Allows an income-related tax credit for amounts paid by eligible individuals for coverage under the health insurance plan established by this Act. Directs the Secretary of the Treasury to establish a program for making payments on behalf of certain individuals to such plan.
Requires the Secretary of Homeland Security, other federal officers, and the Director of OPM to submit a plan that: (1) provides for the orderly implementation of the amendments made by this Act; and (2) includes a schedule of actions to be taken to provide for that implementation. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to certain individuals affected by an incident of national significance, and for other purposes."} | 2,706 | 196 | 0.573256 | 1.638927 | 0.792266 | 4.630682 | 13.284091 | 0.914773 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``General Accounting Office Reform Act
of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) an objective General Accounting Office, primarily
limited to auditing and accounting functions that are carried
out in a professionally responsible manner, provides an
essential service to the Congress and the United States;
(2) the General Accounting Office maintains substantial
staff with expertise in a wide variety of fields to provide
comprehensive technical evaluations to the Congress;
(3) the General Accounting Office is required to coordinate
its audits with offices of inspector generals to provide
Congress with factual analysis of waste, fraud and abuse;
(4) the General Accounting Office may have exceeded its
accounting and auditing mission and increasingly makes
policymaking reports on subjects not directly related to
accounting and auditing;
(5) there have been serious allegations questioning the
General Accounting Office's nonpartisanship, objectivity,
integrity and qualifications in carrying out its functions and
responsibilities under the law;
(6) a review of the General Accounting Office's services
conducted by a newly established Independent Peer Review
Committee, including an examination of its organizational
structure, management policies and operations, should be
initiated to ensure that financial and accounting functions
remain the focus of the agency; and
(7) immediate reforms should be enacted to address
deficiencies pending the completion of this outside review and
report.
TITLE I--INDEPENDENT GENERAL ACCOUNTING OFFICE PEER REVIEW COMMITTEE
SEC. 101. INDEPENDENT GENERAL ACCOUNTING OFFICE PEER REVIEW COMMITTEE.
(a) Establishment.--There is established the Independent General
Accounting Office Peer Review Committee (hereafter in this section
referred to as the ``Committee''). The Committee shall consist of 11
members as follows--
(1) the Comptroller General of the United States; and
(2) 10 members who--
(A) are not officers or regular employees of the
General Accounting Office;
(B) have expertise in government program analysis,
public policy analysis, financial and auditing review;
and
(C) are appointed by the Majority and Minority
Leaders of the House of Representatives and of the
Senate in consultation with the chairman and ranking
members of the Senate Committee on Governmental
Affairs, the House of Representatives Committee on
Government Operations, and the chairman and ranking
minority member of the Subcommittee on Legislative
Branch of the Committee on Appropriations of the
Senate, and the chairman and ranking minority member of
the Subcommittee on Legislative of the Committee on
Appropriations of the House of Representatives.
One of the members appointed pursuant to paragraph (2) shall be
appointed chair of the Committee.
(b) Functions.--The Committee shall conduct a review of the
organization, administration, management, and operations of the General
Accounting Office, including the way the General Accounting Office
conducts its reports, studies, and reviews. To conduct the review, the
Committee shall engage the services of accountants or accounting firms
and persons or entities with expertise in the fields of auditing, and
public program and policy analysis pursuant to the appropriation under
the heading ``Contract Study of GAO''. In planning the review the
Committee shall take into account generally accepted standards for an
external quality review of an auditing organization. In conducting the
review the Committee shall--
(1) select a sample of General Accounting Office reports,
studies, and reviews conducted over the past 24-month period
preceding the date of the enactment of this section, which
shall encompass a variety of topics, sectors, and subjects that
adequately reflect the endeavors of the General Accounting
Office;
(2) submit the sample reports, studies, and reviews to
independent analysis by organizations, selected by the
Committee, with recognized expertise in the relevant field of
the selected reports, studies, and reviews to assess the
accuracy, fairness, and professionalism of the reports,
studies, and reviews; and
(3) ensure that the Committee or the organization
responsible for conducting the analysis includes in each report
of the independent analysis--
(A) a thorough examination to determine the
objectivity, integrity, validity, and timeliness of
each General Accounting Office product;
(B) the requesting and clearance procedures to
maintain objectivity in analysis;
(C) the number of and reasons for the use of
outside consultants and contract services required to
complete the final General Accounting Office report;
(D) the contents and findings of any other support
agencies' reports for duplication of scopes of work,
and related efforts designed to solicit different
findings and recommendations;
(E) the costs associated with preparing the final
reports by the General Accounting Office, and the costs
incurred by other support agencies in preparing similar
or identical scopes of work; and
(F) a review of the final submission process to
determine how the information was released to the
appropriate congressional Members or committees, to the
public, and to any relevant Federal departments or
agencies.
(c) Consultation.--In conducting the review and analysis under
subsection (b), the Committee shall ensure that Federal departments and
agencies, Members of Congress, appropriate congressional staff, and any
other relevant organizations or individuals are consulted concerning
their input, participation in, and responses to General Accounting
Office studies, reports, and reviews with the intention of determining
the objectivity and integrity of the final analysis.
(d) Reports.--No later than 12 months after the date of the
enactment of this Act, the Committee shall consolidate all analyses and
submit a report of the review conducted under this section to the
Comptroller General of the United States, the chairman and ranking
minority member of the Subcommittee on Legislative Branch of the
Committee on Appropriations of the Senate, and the chairman and ranking
minority member of the Subcommittee on Legislative of the Committee on
Appropriations of the House of Representatives, and to the chairman and
ranking minority member of the Senate Committee on Governmental
Affairs, and the chairman and ranking minority member of the House of
Representatives Committee on Government Operations. Such report shall
include an overall summary with recommendations for ways in which the
General Accounting Office can accomplish its mandates in the most
efficient and professional manner, at the most reasonable cost, with
minimal duplication of other support agencies and Office of Inspector
General undertakings, and with maximum objectivity and integrity.
(e) Administrative Provision.--The provisions of the Federal
Advisory Committee Act shall not apply to the Committee, except the
Committee shall consult the guidelines established under section 7(d)
of such Act.
(f) Termination.--The Committee shall terminate 30 days after the
date of submitting the report under subsection (d).
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this section.
TITLE II--GENERAL ACCOUNTING OFFICE REFORM
SEC. 201. LIMITATION ON FUNDS FOR CONSULTING SERVICES.
(a) In General.--Notwithstanding any other provision of law, the
General Accounting Office during fiscal year 1993 may not obligate and
expend funds for consulting services involving management and
professional services, special studies and analyses, technical
assistance, and management review program funded organizations, in
excess of an amount equal to 75 percent of the amount obligated and
expended by the General Accounting Office during fiscal year 1992 for
such purposes.
(b) Definition.--For purposes of this section, the term
``consulting services'' shall be defined consistent with the provision
of the Office of Management and Budget Circular A-120 dated January 4,
1988.
SEC. 202. EXAMINATION OF INTERNAL CONTROLS.
The Comptroller General shall submit annually a report to Congress
containing--
(1) a description and statement of the Comptroller
General's responsibility for establishing and maintaining an
adequate internal control structure; and
(2) an assessment, as of the most recent fiscal year, of
whether such internal control structure reasonably assures
compliance with the laws and regulations governing, and the
objectives of, the General Accounting Office.
SEC. 203. PROHIBITION OF INVESTIGATIONS ON THE INITIATIVE OF THE
COMPTROLLER GENERAL.
(a) Investigations and Evaluations.--Chapter 7 of title 31, United
States Code, is amended--
(1) in section 712 by striking out paragraphs (1) and (3)
and redesignating paragraphs (2), (4), and (5) as paragraphs
(1), (2), and (3), respectively; and
(2) in section 717(b) by striking out paragraph (1) and
redesignating paragraphs (2) and (3) as paragraphs (1) and (2),
respectively.
(b) Prohibition on Use of Funds.--The General Accounting Office may
not expend any funds to conduct any study, investigation, or audit, or
produce or disseminate any material which has not been requested by the
Congress or a Federal agency or is not required by statute.
SEC. 204. ASSIGNMENTS AND DETAILS TO THE CONGRESS.
Section 734 of title 31, United States Code, is amended to read as
follows:
``Sec. 734. Assignment and details to Congress
``(a) The Comptroller General may assign or detail an officer or
employee of the General Accounting Office to full-time continuous duty
with a committee of Congress for not more than one year.
``(b) A committee or office of the Congress (including a Member's
office) shall reimburse the Comptroller General for the pay of each
officer or employee or the Office for the time the officer or employee
is assigned or detailed to the committee or office of the Congress.''.
SEC. 205. REIMBURSEMENT FOR ASSIGNMENTS AND DETAILS.
A Federal agency shall reimburse the Comptroller General for the
pay of each officer or employee of the General Accounting Office for
the time the officer or employee is assigned or detailed to the agency.
SEC. 206. CONGRESSIONAL COMMENT AND CERTAIN AGENCY REVIEW OF DRAFT
REPORTS.
Section 718 of title 31, United States Code, is amended by adding
at the end thereof the following new subsection:
``(d) Any draft report on a study or audit requested by any
committee or office of the Congress (including a Member's office) shall
be submitted to the committees of the Congress with jurisdiction of the
subject matter of the report, and if appropriate, to the Congressional
Budget Office, the Office of Technology Assessment, and the
Congressional Research Service. Within 30 days of receiving the report,
the majority and minority members of such committees, and the offices
to which such draft report is submitted may review and submit comments
to the General Accounting Office. Such comments shall be included in
the final report.''.
SEC. 207. PROHIBITION OF GENERAL ACCOUNTING OFFICE PERSONNEL IN A
COMBAT ZONE.
No officer or employee of the General Accounting Office may perform
any function or duty of such Office in any military zone of combat
operations as designated by the Secretary of Defense.
SEC. 208. STUDIES AND AUDITS NOT REVIEWED BY SUBJECT AGENCY.
Section 720 of title 31, United States Code, is amended by adding
at the end thereof the following new subsection:
``(c) If the General Accounting Office submits a report to the
Congress or the President, and the agency which is the subject of the
study or audit of the report did not review or comment on such report,
the lack of such review or comment shall be noted on the front of such
report.''. | TABLE OF CONTENTS:
Title I: Independent General Accounting Office Peer Review
Committee
Title II: General Accounting Office Reform
General Accounting Office Reform Act of 1993 -
Title I: Independent General Accounting Office Peer Review Committee
- Establishes the Independent General Accounting Office Peer Review Committee to conduct a review of the organization, administration, management, and operations of the General Accounting Office (GAO), which includes selecting samples of GAO studies and subjecting them to independent, outside review of accuracy, fairness, and professionalism. Authorizes appropriations.
Title II: General Accounting Office Reform
- Limits GAO use of funds for consulting services for FY 1993 to 75 percent of the amount spent for such services in FY 1992.
Requires annual Comptroller General reports to the Congress on GAO's internal control structure.
Prohibits GAO studies, investigations, or audits which have not been requested by the Congress or a Federal agency or are not required by statute.
Requires reimbursement for GAO assignments and details to congressional committees and offices and to Federal agencies.
Provides for congressional committee and Congressional Research Service and other congressional agency review and comment with respect to GAO draft reports.
Prohibits GAO personnel from performing official duties in a combat zone.
Requires GAO reports to the Congress and the President on studies or audits of Federal agencies to note the subject agency's lack of review or comment on such report. | {"src": "billsum_train", "title": "General Accounting Office Reform Act of 1993"} | 2,528 | 310 | 0.591837 | 1.727795 | 0.79011 | 2.878676 | 8.599265 | 0.908088 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) A war has been ongoing in the eastern region of the
Democratic Republic of the Congo (in this section referred to
as the ``DRC''), with reports that as many as 2,500,000 people
have died as a result of the conflict.
(2) The war is a result of the August 1998 invasion of the
DRC by Rwanda, Uganda, and Burundi.
(3) After the invasion, additional loss of life and misery
were caused to the people of the DRC when, on occasion, the
forces of Uganda and Rwanda fought against each other.
(4) A staff member of the United Nations was murdered while
visiting the region for the purpose of studying the damage done
to the DRC by Uganda and Rwanda.
(5) Human rights abuses stemming from this conflict include
child and forced labor, mass displacement causing large refugee
populations, rape, conscription, arbitrary detention, torture,
and bans on political expression and freedom of speech.
(6) A recent United Nations report, entitled ``Report of
the Panel of Experts on the Illegal Exploitation of Natural
Resources and Other Forms of Wealth of the Democratic Republic
of Congo'', found that ``Illegal exploitation of the mineral
and forest resources of the Democratic Republic of the Congo is
taking place at an alarming rate.''.
(7) The United Nations report states that resources being
looted from the DRC include diamonds, gold, timber, cobalt,
coltan (colombo tantalite), coffee, ivory, other minerals, and
exotic animals.
(8) The United Nations report, in addition to numerous
press and eyewitness reports, cites the use, by Rwandans and
Rwandan-supported rebels, of slave and prison labor in the
mining and extraction of coltan, diamonds, and other minerals.
(9) According to the World Conservation Union, ``coltan
mining is taking place in [two] World Heritage sites'' in the
DRC, Kahuzi-Biega National Park and Okapi Wildlife Reserve, in
contravention of DRC protective restrictions. The World
Conservation Union further states that ``over 10,000 miners
have moved into the Parks and are largely relying on meat from
wild animals (bushmeat) for food'', including the endangered
eastern lowland gorilla.
(10) According to the United States Geological Survey 1999
Minerals Yearbook, 3 of the top 6 nations from which the United
States imports unrefined tantalum--a component of coltan--are
the DRC, Rwanda, and Uganda, providing for nearly $4,000,000 in
revenue to those nations in 1999, and totaling imports of 164
metric tons.
(11) As miners have pushed into the forests of the DRC in
pursuit of coltan, gold, and other minerals, increased logging
has resulted on account of greater access to forest resources
and rare woods and has reduced the opportunity for oversight of
illegal activities.
(12) The United Nations Report of the Panel of Experts
found that one result of the illegal exploitation of the DRC
was a ``massive availability of financial resources for the
Rwandan Patriotic Army, and the individual enrichment of top
Ugandan military commanders and civilians'', thereby not only
allowing the infiltrating nations to continue their armed
incursions, but also providing substantial motivation to pursue
such conflict.
(13) The United Nations Panel concluded that ``tough
measures must be taken to bring an end to the cycle of
exploitation of the natural resources and the continuation of
the conflict in the Democratic Republic of Congo'', including
sanctions against the countries involved in the illegal
activities, preventive measures to avoid a recurrence of the
situation, and an improvement of international mechanisms and
regulations governing some natural resources.
(14) Some United States corporations that process and use
tantalum for manufacture, including Kemet of Greenville, South
Carolina, and Cabot Corporation of Boston, Massachusetts, have
asked tantalum suppliers to certify that the mineral does not
originate in the Congo region; if they do not, the corporations
have said that they will not buy any tantalum from the region.
SEC. 2. PROHIBITION ON IMPORTATION OF COLOMBO TANTALITE AND TANTALUM.
(a) Colombo Tantalite From Certain Countries.--Colombo tantalite
(``coltan'') that is the product of Rwanda, Uganda, Burundi, or the
Democratic Republic of the Congo may not be imported into the United
States.
(b) Tantalum, Tantalum Ore, and Tantalum Powder.--Tantalum,
tantalum ore, and tantalum powder may not be imported into the United
States unless the importer can demonstrate to the Customs Service that
the tantalum, tantalum ore, or tantalum powder (as the case may be) is
not produced from colombo tantalite that is a product of a country
listed in subsection (a).
SEC. 3. PROHIBITION ON PURCHASE OVERSEAS OF COLOMBO TANTALITE AND
TANTALUM.
(a) Prohibition.--No United States person may purchase outside the
United States colombo tantalite, tantalum, tantalum ore, or tantalum
powder that is a product of a country listed in section 2(a).
(b) Civil Penalty.--The Secretary of the Treasury may impose a
civil penalty of not more than $100,000 on any United States person who
knowingly violates subsection (a).
(c) Definition.--In this section, the term ``United States person''
means--
(1) a United States citizen or alien admitted for permanent
residence into the United States;
(2) a partnership, corporation, or other legal entity
organized under the laws of the United States; and
(3) a partnership, corporation, or other legal entity that
is organized under the laws of a foreign country and is
controlled by entities described in paragraph (2) or United
States citizens, or both.
SEC. 4. PREVENTION OF TRANSSHIPMENT.
The Commissioner of Customs, in consultation with the heads of
appropriate departments and agencies, shall, to the extent possible,
determine the origins of all colombo tantalite, tantalum, tantalum ore,
and tantalum powder in order to prevent the transshipment of colombo
tantalite, tantalum, tantalum ore, and tantalum powder that is a
product of a country listed in section 2(a) through another country for
the purpose of evading the prohibition contained in section 2(a).
SEC. 5. TERMINATION OF PROHIBITIONS.
The prohibitions contained in sections 2 and 3(a) shall cease to be
effective with respect to a country listed in section 2(a) on the date
on which the President certifies to the Congress that the country has
withdrawn from the conflict in the Democratic Republic of the Congo and
that country is abiding by the Ceasefire Agreement of July 10, 1999
(known as the ``Lusaka Accord''). | Prohibits the importation into the United States of colombo tantalite (coltan) or tantalum, tantalum ore, or tantalum powder from the countries of Rwanda, Uganda, Burundi, or the Democratic Republic of the Congo. Prohibits a U.S. person from purchasing such products from such countries outside of the United States. Sets forth a civil penalty for violations of this Act.Directs the Commissioner of Customs to determine, to the extent possible, the origins of such products in order to prevent their transshipment through another country for the purpose of evading the requirements of this Act. | {"src": "billsum_train", "title": "To prohibit the importation into the United States of colombo tantalite from certain countries involved in the conflict in the Democratic Republic of the Congo, and for other purposes."} | 1,566 | 143 | 0.310799 | 0.9536 | 0.46489 | 3.481132 | 12.915094 | 0.877358 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Integrity in
Offshore Energy Resources Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--EMPLOYEES OF SERVICE
Sec. 101. Employee ethical standards.
TITLE II--PROGRAMS OF SERVICE
Sec. 201. Suspension of royalty-in-kind program.
Sec. 202. Audits.
Sec. 203. Annual reports.
Sec. 204. Prohibition on use of royalty-in-kind revenues for
administrative costs.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of the Interior.
(2) Mineral.--The term ``mineral'' has the meaning given
the term ``minerals'' in section 2 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331).
(3) Mineral mining.--
(A) In general.--The term ``mineral mining''
means--
(i) any activity carried out on Federal
land on or off a claim (with or without a
discovery) for mineral leasing, preleasing, any
related activity, prospecting, exploration,
development, mining, extraction, milling,
beneficiation, processing, or storage of mined
or processed materials with respect to any
mineral that is under the jurisdiction of the
Service and uses reasonably incident to the
activity; and
(ii) any reclamation activity for any
mineral and uses reasonably incident to the
activity.
(B) Inclusions.--The term ``mineral activity''
includes the construction and use of roads,
transmission lines, pipelines, utility corridors, and
other means of access across Federal land for an
ancillary facility.
(4) Royalty-in-kind program.--The term ``royalty-in-kind
program'' means the program established under--
(A) section 342 of the Energy Policy Act of 2005
(42 U.S.C. 15902);
(B) section 36 of the Mineral Leasing Act (30
U.S.C. 192);
(C) section 27 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1353); or
(D) any other similar provision of law.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Service.--The term ``Service'' means the Minerals
Management Service.
TITLE I--EMPLOYEES OF SERVICE
SEC. 101. EMPLOYEE ETHICAL STANDARDS.
(a) Gifts.--
(1) Prohibition.--
(A) In general.--An employee of the Service may not
knowingly accept a gift from an entity that is engaged
in the business of mineral mining.
(B) Exceptions.--Except for the value exception,
the regulations providing exceptions to the gift rules
for Federal employees for gifts from outside sources (5
C.F.R. Part 2635) shall apply to subparagraph (A).
(2) Violation.--Whoever violates paragraph (1) shall be
guilty of a felony and fined under title 18, United States
Code, or imprisoned for not more than 2 years, or both.
(b) Financial Disclosure.--The filing requirements of section
101(f) of the Ethics in Government Act of 1978 shall apply to an
employee of the Service in a position classified at an annual income
equivalent to GS-13 or higher.
(c) Divestiture Requirement.--An employee of the Service may not
own stock or any other interest in an entity that is engaged in the
business of mineral mining during the period of employment of that
employee by the Service.
(d) Outside Employment.--An employee of the Service may not be
employed by any entity that is engaged in the business of mineral
mining during the period of employment of that employee by the Service.
(e) Revolving Door.--
(1) Any work for the industry.--An employee of the Service
shall not work for an entity engaged in the business of mineral
mining during the 1 year period after the termination of his or
her employment with the Service.
(2) Violation.--Whoever violates paragraph (1) shall be
guilty of a felony and punished as provided in section 216 of
title 18, United States Code.
TITLE II--PROGRAMS OF SERVICE
SEC. 201. SUSPENSION OF ROYALTY-IN-KIND PROGRAM.
(a) In General.--Notwithstanding any other provision of law, the
authority of the Secretary to carry out each royalty-in-kind program is
suspended during the period--
(1) beginning on the date of enactment of this Act; and
(2) ending on the date the Secretary certifies to Congress
that the Secretary, acting through the Service, has--
(A) conducted a comprehensive review to determine
if the Service is accurately collecting royalties and
reported the results of the review to Congress;
(B) conducted a thorough review to ensure that
metering equipment properly measures what royalties are
owed to the Federal Government and reported the results
of the review to Congress;
(C) implemented a robust training program for
employees of the Service that culminates in a
certification signed by an employee that the employee
understands the ethics laws (including regulations);
and
(D) created an ombudsman position that--
(i) monitors the progress of the Service in
carrying out the actions described in this
paragraph; and
(ii) is appointed by, and reports
exclusively to, the Inspector General of the
Department.
(b) Application.--Subsection (a) applies to a contract entered into
on or after the date of enactment of this Act.
SEC. 202. AUDITS.
(a) Number of Audits.--
(1) In general.--The Secretary shall ensure that by fiscal
year 2009 the Service shall perform each fiscal year not less
that 550 audits of oil and gas leases entered into by the
Secretary for which payment is made under a royalty-in-kind
program.
(2) Compliance reviews.--For purposes of paragraph (1), a
compliance review shall not be considered an audit.
(b) Standards.--Not later than 120 days after the date of enactment
of this Act, the Secretary shall promulgate regulations that--
(1) require that all employees that conduct audits or
compliance reviews of oil and gas leases entered into by the
Secretary shall meet professional auditor qualifications that
are consistent with the latest revision of the Government
Auditing Standards issued by the Comptroller General of the
United States; and
(2) ensure that all audits conducted by the Department are
performed in accordance with the Standards.
SEC. 203. ANNUAL REPORTS.
Not later than 1 year after the date of enactment of this Act and
each year thereafter, the Inspector General of the Department shall
submit to Congress a report that evaluates--
(1) the performance of the Secretary in carrying out each
royalty-in-kind program; and
(2) whether the royalty-in-kind program costs or saves
taxpayer dollars as compared to receiving revenues in cash.
SEC. 204. PROHIBITION ON USE OF ROYALTY-IN-KIND REVENUES FOR
ADMINISTRATIVE COSTS.
Section 342(b)(5) of the Energy Policy Act of 2005 (42 U.S.C.
15902(b)(5)) is amended--
(1) by striking ``Limitation.--'' and all that follows
through ``subparagraph (B), the'' in subparagraph (A) and
inserting ``Limitation.--The''; and
(2) by striking subparagraph (B). | Integrity in Offshore Energy Resources Act of 2008 - Prohibits any employee of the Minerals Management Service of the Department of the Interior from: (1) knowingly accepting a gift from an entity engaged in the business of mineral mining or from being employed by such an entity while employed in the Service; and (2) accepting employment from an entity engaged in the business of mineral mining during the one-year period after termination of employment with the Service. Makes violations of such prohibitions a felony. Requires financial disclosure by employees of the Service in positions equivalent to GS-13 or higher.
Suspends the authority of the Secretary of the Interior to carry out royalty-in-kind programs (payment of royalties from oil and gas leases in the form of production rather than cash) until the Secretary certifies that a comprehensive review of such programs has been conducted, implements an ethics training program for employees of the Minerals Management Service, and creates an ombudsman position to monitor the progress of the Service in carrying out reforms. Requires the Secretary to perform at least 550 audits in each fiscal year of oil and gas leases for which payment is made under a royalty-in-kind program.
Amends the Energy Policy Act of 2005 to repeal the authority of the Secretary to pay salaries and other administrative costs related to a royalty-in kind program from royalty-in-kind sales revenues. | {"src": "billsum_train", "title": "A bill to improve the administration of the Minerals Management Service, and for other purposes."} | 1,756 | 301 | 0.501341 | 1.526787 | 0.706188 | 3.197719 | 5.794677 | 0.878327 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Grandparents Raising
Grandchildren Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 80 percent of Americans over the age of 65
are grandparents and more than 2,500,000 grandparents in the
United States are the primary caretaker of their grandchildren.
Experts report that such numbers are increasing as the opioid
epidemic expands.
(2) Grandparents' lives are enhanced by caring for their
grandchildren; the overwhelming majority of grandparents report
experiencing significant benefits in serving as their
grandchildren's primary caregivers.
(3) Providing full-time care to their grandchildren may
increase grandparents' likelihood of experiencing physical
illness and mental health problems and decrease their ability
to save for retirement.
(4) Grandparents raising grandchildren may face difficulty
enrolling their grandchildren in school, medical care, and
Federal assistance services.
(5) The Older Americans Act of 1965 (42 U.S.C. 3001 et
seq.) includes services that support grandfamilies, including
the National Family Caregiver Support Program.
(6) Grandparents would benefit from better coordination and
information about resources available to support them in their
caregiving responsibilities.
SEC. 3. FEDERAL TASK FORCE TO SUPPORT GRANDPARENTS RAISING
GRANDCHILDREN.
(a) Establishment.--There is established a Federal Task Force To
Support Grandparents Raising Grandchildren (referred to in this section
as the ``Task Force'').
(b) Membership.--
(1) In general.--The Task Force shall be composed of the
following members, or their designee:
(A) The Secretary of Health and Human Services.
(B) The Attorney General.
(C) The Administrator of the Administration for
Community Living.
(D) The Director of the Centers for Disease Control
and Prevention.
(E) The Assistant Secretary for Mental Health and
Substance Use.
(F) The Assistant Secretary for the Administration
for Children and Families.
(G) The head of each Federal department, agency, or
other governmental entity identified by the Secretary
of Health and Human Services as having
responsibilities, or administering programs, relating
to current issues affecting grandparents or other
relatives raising children in their care.
(2) Lead agency.--The Department of Health and Human
Services shall be the lead agency for the Task Force.
(3) Requirement.--Each member of the Task Force shall be an
officer or employee of the Federal Government.
(c) Duties.--
(1) In general.--
(A) Information.--The Task Force shall identify,
promote, coordinate, and disseminate information
publicly about Federal information, resources, and best
practices available, on the date of the determination,
to help grandparents or other relatives raising
children in their care meet the health, educational,
nutritional, and other needs of the children in their
care as well as maintain their own physical and mental
health and emotional well-being, including those
raising children in their care as a result of the
opioid epidemic.
(B) Native americans.--In carrying out the duties
described in subparagraph (A), the Task Force shall
ensure that the needs of members of Native American
tribes are addressed.
(2) Report.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Task Force shall
submit a report to the Special Committee on Aging and
the Committee on Health, Education, Labor, and Pensions
of the Senate that includes--
(i) best practices, resources, and other
useful information for grandparents and other
relatives raising children in their care; and
(ii) an identification of the gaps in needs
of grandparents and other relatives raising
children in their care.
(B) Follow-up report.--Not later than the date that
is 2 years after the date the report under subparagraph
(A) is submitted, the Task Force shall submit a follow-
up report to the Special Committee on Aging and the
Committee on Health, Education, Labor, and Pensions of
the Senate that includes the information described in
subparagraph (A).
(3) Process for public input.--The Task Force shall
establish a process for public input to inform the development
of, and updates to, the best practices, resources, and other
useful information and the gaps in needs described in paragraph
(2), including a process for the public to submit
recommendations to the Task Force and an opportunity for public
comment.
(d) Sunset.--The Task Force shall terminate on the date that is 5
years after the date of enactment of this Act. | Supporting Grandparents Raising Grandchildren Act This bill establishes a Federal Task Force to Support Grandparents Raising Grandchildren. The task force shall identify, promote, coordinate, and publicly disseminate information and resources to help grandparents or other relatives meet the needs of the children in their care and maintain their own health and emotional well-being. The task force terminates after five years. | {"src": "billsum_train", "title": "Supporting Grandparents Raising Grandchildren Act"} | 989 | 99 | 0.547866 | 1.424706 | 0.825962 | 3.41791 | 14.014925 | 0.910448 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency and Disaster Assistance
Fraud Penalty Enhancement Act of 2007''.
SEC. 2. FRAUD IN CONNECTION WITH MAJOR DISASTER OR EMERGENCY BENEFITS.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1040. Fraud in connection with major disaster or emergency
benefits
``(a) Whoever, in a circumstance described in subsection (b) of
this section, knowingly--
``(1) falsifies, conceals, or covers up by any trick, scheme,
or device any material fact; or
``(2) makes any materially false, fictitious, or fraudulent
statement or representation, or makes or uses any false writing or
document knowing the same to contain any materially false,
fictitious, or fraudulent statement or representation,
in any matter involving any benefit authorized, transported,
transmitted, transferred, disbursed, or paid in connection with a major
disaster declaration under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an
emergency declaration under section 501 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191), or in
connection with any procurement of property or services related to any
emergency or major disaster declaration as a prime contractor with the
United States or as a subcontractor or supplier on a contract in which
there is a prime contract with the United States, shall be fined under
this title, imprisoned not more than 30 years, or both.
``(b) A circumstance described in this subsection is any instance
where--
``(1) the authorization, transportation, transmission,
transfer, disbursement, or payment of the benefit is in or affects
interstate or foreign commerce;
``(2) the benefit is transported in the mail at any point in
the authorization, transportation, transmission, transfer,
disbursement, or payment of that benefit; or
``(3) the benefit is a record, voucher, payment, money, or
thing of value of the United States, or of any department or agency
thereof.
``(c) In this section, the term `benefit' means any record,
voucher, payment, money or thing of value, good, service, right, or
privilege provided by the United States, a State or local government,
or other entity.''.
(b) Clerical Amendment.--The table of sections for chapter 47 of
title 18, United States Code, is amended by adding at the end the
following new item:
``1040. Fraud in connection with major disaster or emergency
benefits.''.
SEC. 3. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN WIRE, RADIO, AND
TELEVISION FRAUD DURING AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR
DISASTER OR EMERGENCY.
Section 1343 of title 18, United States Code, is amended by
inserting: ``occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed, or paid
in connection with, a presidentially declared major disaster or
emergency (as those terms are defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)), or'' after ``If the violation''.
SEC. 4. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN MAIL FRAUD DURING
AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR DISASTER OR EMERGENCY.
Section 1341 of title 18, United States Code, is amended by
inserting: ``occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed, or paid
in connection with, a presidentially declared major disaster or
emergency (as those terms are defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)), or'' after ``If the violation''.
SEC. 5. DIRECTIVE TO SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission forthwith shall--
(1) promulgate sentencing guidelines or amend existing
sentencing guidelines to provide for increased penalties for
persons convicted of fraud or theft offenses in connection with a
major disaster declaration under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170) or an emergency declaration under section 501 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5191); and
(2) submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives an
explanation of actions taken by the Commission pursuant to
paragraph (1) and any additional policy recommendations the
Commission may have for combating offenses described in that
paragraph.
(b) Requirements.--In carrying out this section, the Sentencing
Commission shall--
(1) ensure that the sentencing guidelines and policy statements
reflect the serious nature of the offenses described in subsection
(a) and the need for aggressive and appropriate law enforcement
action to prevent such offenses;
(2) assure reasonable consistency with other relevant
directives and with other guidelines;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for which
the sentencing guidelines currently provide sentencing
enhancements;
(4) make any necessary conforming changes to the sentencing
guidelines; and
(5) assure that the guidelines adequately meet the purposes of
sentencing as set forth in section 3553(a)(2) of title 18, United
States Code.
(c) Emergency Authority and Deadline for Commission Action.--The
Commission shall promulgate the guidelines or amendments provided for
under this section as soon as practicable, and in any event not later
than the 30 days after the date of enactment of this Act, in accordance
with the procedures set forth in section 21(a) of the Sentencing Reform
Act of 1987, as though the authority under that Act had not expired.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007 - Amends the federal criminal code to impose a fine and/or prison term of up to 30 years for: (1) knowingly falsifying, concealing, or covering up by any trick, scheme, or device any material fact; or (2) making any materially false, fictitious, or fraudulent statement or representation, or making or using any false writing or document in any matter involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster or emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or in connection with the procurement of property or services by a contractor, subcontractor, or supplier during a major disaster or emergency declaration.
Imposes a maximum fine of $1 million and/or prison term of 30 years for engaging in wire, radio, television, or mail fraud during a presidentially declared major disaster or emergency.
Directs the U.S. Sentencing Commission to: (1) promulgate sentencing guidelines or amend existing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with a major disaster or emergency declaration; and (2) submit to the House and Senate Judiciary Committees an explanation of its guidelines and additional recommendations for combating such fraud or theft offenses. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, with respect to fraud in connection with major disaster or emergency funds."} | 1,444 | 293 | 0.682878 | 2.369919 | 0.991055 | 4.759036 | 5.036145 | 0.903614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing DHS Acquisition Cost Growth
Act''.
SEC. 2. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION PROGRAMS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the
end the following new section:
``SEC. 836. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS FOR MAJOR
ACQUISITION PROGRAM BREACH.
``(a) Requirements Within Department in Event of Breach.--
``(1) Notifications.--
``(A) Notification of breach.--If a breach occurs
in a major acquisition program, the program manager for
such program shall notify the Component Acquisition
Executive for such program, the head of the component
concerned, the Executive Director of the Program
Accountability and Risk Management division, the Under
Secretary for Management, and the Deputy Secretary not
later than 30 calendar days after such breach is
identified.
``(B) Notification to secretary.--If a breach
occurs in a major acquisition program and such breach
results in a cost overrun greater than 15 percent, a
schedule delay greater than 180 days, or a failure to
meet any of the performance thresholds from the cost,
schedule, or performance parameters specified in the
most recently approved acquisition program baseline for
such program, the Component Acquisition Executive for
such program shall notify the Secretary and the
Inspector General of the Department not later than five
business days after the Component Acquisition Executive
for such program, the head of the component concerned,
the Executive Director of the Program Accountability
and Risk Management Division, the Under Secretary for
Management, and the Deputy Secretary are notified of
the breach pursuant to subparagraph (A).
``(2) Remediation plan and root cause analysis.--
``(A) In general.--If a breach occurs in a major
acquisition program, the program manager for such
program shall submit to the head of the component
concerned, the Executive Director of the Program
Accountability and Risk Management division, and the
Under Secretary for Management in writing a remediation
plan and root cause analysis relating to such breach
and program. Such plan and analysis shall be submitted
at a date established at the discretion of the Under
Secretary for Management.
``(B) Remediation plan.--The remediation plan
required under this subparagraph (A) shall--
``(i) explain the circumstances of the
breach at issue;
``(ii) provide prior cost estimating
information;
``(iii) include a root cause analysis that
determines the underlying cause or causes of
shortcomings in cost, schedule, or performance
of the major acquisition program with respect
to which such breach has occurred, including
the role, if any, of--
``(I) unrealistic performance
expectations;
``(II) unrealistic baseline
estimates for cost or schedule or
changes in program requirements;
``(III) immature technologies or
excessive manufacturing or integration
risk;
``(IV) unanticipated design,
engineering, manufacturing, or
technology integration issues arising
during program performance;
``(V) changes to the scope of such
program;
``(VI) inadequate program funding
or changes in planned out-year funding
from one 5-year funding plan to the
next 5-year funding plan as outlined in
the Future Years Homeland Security
Program required under section 874;
``(VII) legislative, legal, or
regulatory changes; or
``(VIII) inadequate program
management personnel, including lack of
sufficient number of staff, training,
credentials, certifications, or use of
best practices;
``(iv) propose corrective action to address
cost growth, schedule delays, or performance
issues;
``(v) explain the rationale for why a
proposed corrective action is recommended; and
``(vi) in coordination with the Component
Acquisition Executive for such program, discuss
all options considered, including the estimated
impact on cost, schedule, or performance of
such program if no changes are made to current
requirements, the estimated cost of such
program if requirements are modified, and the
extent to which funding from other programs
will need to be reduced to cover the cost
growth of such program.
``(3) Review of corrective actions.--
``(A) In general.--The Under Secretary for
Management shall review the remediation plan required
under paragraph (2). The Under Secretary may approve
such plan or provide an alternative proposed corrective
action within 30 days of the submission of such plan
under such paragraph.
``(B) Submission to congress.--Not later than 30
days after the review required under subparagraph (A)
is completed, the Under Secretary for Management shall
submit to the congressional homeland security
committees the following:
``(i) A copy of the remediation plan and
the root cause analysis required under
paragraph (2).
``(ii) A statement describing the
corrective action or actions that have occurred
pursuant to paragraph (2)(b)(iv) for the major
acquisition program at issue, with a
justification for such action or actions.
``(b) Requirements Relating to Congressional Notification if Breach
Occurs.--
``(1) Notification to congress.--If a notification to the
Secretary is made under subsection (a)(1)(B) relating to a
breach in a major acquisition program, the Under Secretary for
Management shall notify the congressional homeland security
committees of such breach in the next quarterly Comprehensive
Acquisition Status Report, as required by title I of division D
of the Consolidated Appropriations Act, 2016, (Public Law 114-
113) following receipt by the Under Secretary of notification
under such subsection.
``(2) Significant variances in costs or schedule.--If a
likely cost overrun is greater than 20 percent or a likely
delay is greater than 12 months from the costs and schedule
specified in the acquisition program baseline for a major
acquisition program, the Under Secretary for Management shall
include in the notification required in paragraph (1) a written
certification, with supporting explanation, that--
``(A) such program is essential to the
accomplishment of the Department's mission;
``(B) there are no alternatives to the capability
or asset provided by such program that will provide
equal or greater capability in both a more cost-
effective and timely manner;
``(C) the new acquisition schedule and estimates
for total acquisition cost are reasonable; and
``(D) the management structure for such program is
adequate to manage and control cost, schedule, and
performance.
``(c) Definitions.--In this section:
``(1) Acquisition.--The term `acquisition' has the meaning
given such term in section 131 of title 41, United States Code.
``(2) Acquisition program.--The term `acquisition program'
means the process by which the Department acquires, with any
appropriated amounts, by contract for purchase or lease,
property or services (including construction) that support the
missions and goals of the Department.
``(3) Acquisition program baseline.--The term `acquisition
program baseline', with respect to an acquisition program,
means a summary of the cost, schedule, and performance
parameters, expressed in standard, measurable, quantitative
terms, which must be met in order to accomplish the goals of
such program.
``(4) Best practices.--The term `best practices', with
respect to acquisition, means a knowledge-based approach to
capability development that includes--
``(A) identifying and validating needs;
``(B) assessing alternatives to select the most
appropriate solution;
``(C) clearly establishing well-defined
requirements;
``(D) developing realistic cost assessments and
schedules;
``(E) securing stable funding that matches
resources to requirements;
``(F) demonstrating technology, design, and
manufacturing maturity;
``(G) using milestones and exit criteria or
specific accomplishments that demonstrate progress;
``(H) adopting and executing standardized processes
with known success across programs;
``(I) establishing an adequate workforce that is
qualified and sufficient to perform necessary
functions; and
``(J) integrating the capabilities described in
subparagraphs (A) through (I) into the Department's
mission and business operations.
``(5) Breach.--The term `breach', with respect to a major
acquisition program, means a failure to meet any cost,
schedule, or performance threshold specified in the most
recently approved acquisition program baseline.
``(6) Congressional homeland security committees.--The term
`congressional homeland security committees' means--
``(A) the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
``(B) the Committee on Appropriations of the House
of Representatives and of the Senate.
``(7) Component acquisition executive.--The term `Component
Acquisition Executive' means the senior acquisition official
within a component who is designated in writing by the Under
Secretary for Management, in consultation with the component
head, with authority and responsibility for leading a process
and staff to provide acquisition and program management
oversight, policy, and guidance to ensure that statutory,
regulatory, and higher level policy requirements are fulfilled,
including compliance with Federal law, the Federal Acquisition
Regulation, and Department acquisition management directives
established by the Under Secretary for Management.
``(8) Major acquisition program.--The term `major
acquisition program' means a Department acquisition program
that is estimated by the Secretary to require an eventual total
expenditure of at least $300,000,000 (based on fiscal year 2017
constant dollars) over its life cycle cost.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 835 the following new item:
``Sec. 836. Congressional notification and other requirements for major
acquisition program breach.''.
Passed the House of Representatives March 20, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Reducing DHS Acquisition Cost Growth Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the program manager of a major acquisition program (a Department of Homeland Security [DHS] acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300 million over its life cycle cost) to notify the program's Component Acquisition Executive (CAE) (the senior acquisition official within a DHS component who is designated to lead a process and staff to provide acquisition and program management oversight, policy, and guidance to ensure that statutory, regulatory, and higher level policy requirements are fulfilled), the head of the component concerned, the Executive Director of the Program Accountability and Risk Management division, the Under Secretary for Management, and the Deputy Secretary of DHS within 30 days after any breach in such program is identified. If such a breach results in a cost overrun greater than 15%, a schedule delay greater than 180 days, or a failure to meet any of the performance thresholds from the cost, schedule, or performance parameters specified in the most recently approved acquisition program baseline for such program, the CAE must notify the DHS Secretary and Inspector General within five business days after such other officials are notified of the breach. If such a breach occurs, the program manager shall submit to the component head, the Executive Director, and the Under Secretary in writing a remediation plan and root cause analysis relating to such breach and program. The remediation plan shall: explain the circumstances of the breach; provide prior cost estimating information; include a root cause analysis that determines the underlying causes of shortcomings in cost, schedule, or performance of the program; propose corrective action to address such shortcomings; explain the rationale for a proposed corrective action; and in coordination with the CAE, discuss all options considered, including the estimated impact on cost, schedule, or performance of such program if no changes are made to current requirements, the estimated cost of such program if requirements are modified, and the extent to which funding from other programs will need to be reduced to cover the cost growth of such program. The Under Secretary for Management shall review the remediation plan and may approve it or provide an alternative proposed corrective action within 30 days of its submission. The Under Secretary shall notify the congressional homeland security committees of such a breach. If a likely cost overrun is greater than 20% or a likely delay is greater than 12 months from the costs and schedule specified in the acquisition program baseline, the Under Secretary for Management shall include in such notification a written certification that: such program is essential to the accomplishment of DHS's mission; there are no alternatives to the capability or asset provided by such program that will provide equal or greater capability in both a more cost-effective and timely manner; the new acquisition schedule and estimates for total acquisition cost are reasonable; and the management structure for such program is adequate to manage and control cost, schedule, and performance. | {"src": "billsum_train", "title": "Reducing DHS Acquisition Cost Growth Act"} | 2,207 | 627 | 0.759062 | 2.517925 | 0.672903 | 5.516184 | 3.586031 | 0.957411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FAA Research, Engineering, and
Development Reform Act of 1996''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (1)(J);
(2) by striking the period at the end of paragraph (2)(J)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) for fiscal year 1997--
``(A) $10,000,000 for system development and
infrastructure projects and activities;
``(B) $39,911,000 for capacity and air traffic
management technology projects and activities;
``(C) $20,371,000 for communications, navigation,
and surveillance projects and activities;
``(D) $6,411,000 for weather projects and
activities;
``(E) $6,000,000 for airport technology projects
and activities;
``(F) $37,978,000 for aircraft safety technology
projects and activities;
``(G) $36,045,000 for system security technology
projects and activities;
``(H) $23,682,000 for human factors and aviation
medicine projects and activities;
``(I) $3,800,000 for environment and energy
projects and activities;
``(J) $1,500,000 for innovative/cooperative
research projects and activities; and
``(K) such sums as may be necessary for other
research, engineering, and development activities
described in the President's fiscal year 1997 budget
request to the Congress under the category
`Engineering, development, test, and evaluation' of
Facilities and Equipment.''.
SEC. 3. RESEARCH PRIORITIES AND BUDGETING.
(a) Section 48102(b) of title 49, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking ``Availability for Research.--(1)'' and
inserting in lieu thereof ``Research Priorities.--(1) The
Administrator shall consider the advice and recommendations of
the research advisory committee established by section 44508 of
this title in establishing priorities among major categories of
research and development activities carried out by the Federal
Aviation Administration.
``(2)''.
(b) Section 48102(c) of title 49, United States Code, is amended to
read as follows:
``(c) Designation of Activities.--(1) The amounts appropriated
under subsection (a) are for the support of all research and
development activities carried out by the Federal Aviation
Administration that fall within the categories of basic research,
applied research, and development, including the design and development
of prototypes, in accordance with the classifications of the Office of
Management and Budget Circular A-11 (Budget Formulation/Submission
Process).
``(2) The President's annual budget request for the Federal
Aviation Administration shall include all research and development
activities within a single budget category. All of the activities
carried out by the Administration within the categories of basic
research, applied research, and development, as classified by the
Office of Management and Budget Circular A-11, shall be placed in this
single budget category.''.
(c) Section 44508(a)(1) of title 49, United States Code, is
amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting in lieu thereof ``; and''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) annually review the allocation made by the
Administrator of the amounts authorized by section 48102(a) of
this title among the major categories of research and
development activities carried out by the Administration and
provide advice and recommendations to the Administrator on
whether such allocation is appropriate to meet the needs and
objectives identified under subparagraph (A).''.
(d) Section 44501(c) of title 49, United States Code, is amended--
(1) in paragraph (2)(A) by striking ``15-year'' and
inserting in lieu thereof ``5-year'';
(2) by amending subparagraph (B) to read as follows:
``(B) The plan shall--
``(i) provide estimates by year of the schedule, cost, and
work force levels for each active and planned major research
and development project under sections 40119, 44504, 44505,
44507, 44509, 44511-44513, and 44912 of this title, including
activities carried out under cooperative agreements with other
Federal departments and agencies;
``(ii) specify the goals and the priorities for allocation
of resources among the major categories of research and
development activities, including the rationale for the
priorities identified;
``(iii) identify the allocation of resources among long-
term research, near-term research, and development activities;
and
``(iv) highlight the research and development activities
that address specific recommendations of the research advisory
committee established under section 44508 of this title, and
document the recommendations of the committee that are not
accepted, specifying the reasons for nonacceptance.''; and
(3) in paragraph (3) by inserting ``, including a
description of the dissemination to the private sector of
research results and a description of any new technologies
developed'' after ``during the prior fiscal year''.
SEC. 4. PROGRAM GUIDANCE.
(a) Findings.--The Congress finds that--
(1) considerable effort and expenditure has been devoted
since 1981 to the modernization of the National Airspace
System, with limited results;
(2) long-standing management, organizational, and cultural
impediments at the Federal Aviation Administration have led to
cost overruns, schedule delays, program terminations, and other
wasteful inefficiencies;
(3) a lack of coordination between the technology
developers and operational sections of the Federal Aviation
Administration has led to research, engineering, and
development programs that are unbalanced because they either
are too technology driven or have operational requirements that
are unrealistic or unwarranted;
(4) the research, engineering, and development functions of
the Federal Aviation Administration have been carried out
without the benefit of critical management education and
competencies;
(5) the failure to employ contemporary management
techniques and industry best practices has led to inadequate
contractor oversight and poor risk management; and
(6) significant improvements in modernizing the National
Airspace System will require fundamental changes in the Federal
Aviation Administration's acquisition management system and in
the orientation of the officials who implement the system.
(b) Definitions.--For purposes of this section--
(1) the term ``affordable'' means having life-cycle costs
that are in consonance with the long-range funding and
operational design plans for the National Airspace System;
(2) the term ``evolutionary acquisition'' means an
acquisition strategy in which a core capability is fielded with
a modular structure that allows for changes as requirements are
refined;
(3) the term ``life-cycle costs'' means the total costs to
the Federal Government of a system over its useful life,
including the costs of research, development, acquisition,
support, and disposal;
(4) the term ``nondevelopmental'' means not requiring
significant further development to be made usefully
operational; and
(5) the term ``pre-planned product improvement'' means an
acquisition strategy that defers technically difficult or
unknown system requirements to mitigate risks or to field a
system that incorporates design considerations that facilitate
future changes.
(c) Operational Principles.--The Federal Aviation Administration
shall develop, implement, and maintain a disciplined acquisition
management system that facilitates the transforming of broadly stated
requirements into affordable, operationally effective and suitable
products and services to meet the needs of users of the National
Airspace System. Such acquisition management system shall be based on
and incorporate the following principles:
(1) The employment and integration of--
(A) a process to establish and validate
requirements;
(B) full life-cycle acquisition management; and
(C) planning, programming, and budgeting.
(2) Full involvement of both acquisition and operational
Federal Aviation Administration personnel in the processes
described in paragraph (1) (A), (B), and (C).
(3) Early and continuous involvement of National Airspace
System operators and users, advisory committees, and industry
vendors and experts in establishing and stabilizing sound,
realistic operational requirements.
(4) Assignment of acquisition officials based on
demonstrated leadership, professionalism, and proven
acquisition management competencies, consistent with their
positional responsibility and authority.
(5) Full life-cycle, event-driven acquisition strategies
which explicitly link major interim program decisions and
contractual commitments to demonstrated accomplishments in
research, engineering, and development.
(6) The balancing of system design requirements and
constraints based on cost-benefit sensitivity analysis.
(7) Consideration of maximum practicable use of
nonmaterial, nondevelopmental, or commercial solutions before
embarking on protracted research, engineering, and development
activities by the Federal Aviation Administration.
(8) Consideration of evolutionary acquisition and pre-
planned product improvement strategies to mitigate risks and
expeditiously field products and services.
(9) Use of contemporary management techniques and industry
best practices to--
(A) compare the current status of a program to
where it should be;
(B) reassess the goals of a program and the plans
for achieving those goals;
(C) assess program risks and strategies for
mitigating those risks; and
(D) assess whether the program is affordable.
(d) Document of April 1, 1996.--The Congress recognizes that the
acquisition management system set forth in the document dated April 1,
1996, issued by the Federal Aviation Administration, is substantially
compatible with the principles stated in subsection (c) of this
section. The Federal Aviation Administration may implement that
proposed system as a suitable compliance with the requirements of this
section, and may modify elements of that system to the extent that
those modifications conform with the principles stated in subsection
(c) of this section. | FAA Research, Engineering, and Development Reform Act of 1996 - Amends Federal transportation law to: (1) authorize appropriations for FY 1997 for specified aviation programs; and (2) instruct the Administrator of the Federal Aviation Administration (FAA) to consider the advice of a certain research advisory committee in establishing research and development priorities.
Earmarks the research and development appropriations authorized for the support of all FAA research and development activities falling within the categories of basic and applied research and development, including the design and development of prototypes in accordance with specified classifications.
Mandates that: (1) the President's annual FAA budget request include all research and development activities within a single budget category; and (2) all FAA activities within the categories of basic and applied research and development be placed within such category.
Directs the research advisory committee in the FAA to review annually the Administrator's appropriation allocation among major research and development activities, and give advice and recommendations on whether such allocation is appropriate to meet certain needs and objectives.
Amends the guidelines for the national aviation research plan with respect to the goals, priorities, and resources of research and development activities.
Directs the FAA to develop, implement, and maintain a disciplined acquisition management system, based on specified operational principles. Authorizes the FAA to implement its own proposed acquisition management system which the Congress recognizes as substantially compatible with such principles. | {"src": "billsum_train", "title": "FAA Research, Engineering, and Development Reform Act of 1996"} | 2,142 | 295 | 0.597315 | 1.704996 | 0.885963 | 2.800738 | 7.811808 | 0.904059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joint Antitrust Consultative
Commission Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Antitrust laws are an important legal tool for opening
markets to international competition and defusing trade
tension.
(2) All nations should make it a priority to enact and
vigorously enforce strong competition laws to benefit
consumers, encourage international competition and foster
growth in jobs, productivity, and investment.
(3) Japanese antimonopoly law is similar to United States
antitrust law, partly as a result of its formulation during
America's post-World War II occupation of Japan. However, there
are observable differences in the respective antitrust
enforcement environments of Japan and the United States.
(4) In Japan--
(A) the lenient interpretation and enforcement of
the antimonopoly law is insufficient to prevent
business practices which result in significant barriers
to foreign entry into the Japanese market;
(B) private antitrust lawsuits are very difficult
to file and virtually impossible to win in Japan
because of strict requirements stipulating proof of
damages;
(C) due to political and bureaucratic pressures,
criminal prosecution of antitrust violations rarely
occurs in Japan;
(D) many cartels are exempted and legal under the
antimonopoly law in Japan. The large number of exempted
and legal cartels contributes to an environment in
which illegal cartels become less subject to criticism
and scrutiny; and
(E) the Japan Fair Trade Commission's capacity to
enforce antimonopoly law is limited by the small size
of its staff and the status of the Commission in the
hierarchy of Japanese bureaucracies.
(5) In the United States--
(A) corporations may be apprehensive about
participating in certain business activities such as
joint ventures or exclusive distributorship
arrangements due to uncertainties concerning the
enforcement of antitrust law; and
(B) the cost of antitrust litigation, including the
risk of treble damages, may have a negative impact on
United States corporate competitiveness.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to encourage a review of the antitrust policies of
Japan and the United States in the context of a changing global
economy and to foster ways of improving competition in both
countries;
(2) to encourage the Japan Fair Trade Commission and the
United States Department of Justice and United States Federal
Trade Commission toward more comparable levels of enforcement
activity;
(3) to ensure that the Japan Fair Trade Commission
increasingly enforces the antimonopoly law based upon antitrust
principles of protecting competition;
(4) to encourage Japan to end unfair business practices
that result in market foreclosure to foreign competition;
(5) to increase awareness of criminal antitrust enforcement
as a means of addressing anticompetitive business behavior in
Japan;
(6) to encourage the government of Japan to increase the
investigative power of the Japan Fair Trade Commission; and
(7) to encourage the government of Japan to reduce the
number of cartels exempted from the antimonopoly law.
SEC. 4. DEFINITIONS.
In this Act--
``antimonopoly law'' means codes enforced by the Japan Fair
Trade Commission to promote fair and free competition by
prohibiting private monopolization, unreasonable restraint of
trade, and unfair business practices.
``antitrust policy'' means the general principles by which
government is guided in maintaining competition in commercial
activities.
``antitrust law'' means the body of statutes, court
decisions, and other law designed to ensure the existence of
competition in commercial activities. Antitrust law in the
United States protects trade and commerce from unlawful
restraints such as price fixing, exclusive dealings, and
monopolies.
``Commission'' means the United States-Japan Joint
Antitrust Consultative Commission established by section 5.
SEC. 5. JOINT ANTITRUST CONSULTATIVE COMMISSION.
(a) Establishment.--There is established the ``United States-Japan
Joint Antitrust Consultative Commission''.
(b) American Delegation.--
(1) Membership.--The American delegation to the Commission
shall be composed of the following members:
(A) Members of Congress:
(i) The chairman of the Committee on
Finance of the Senate, or the chairman's
designee.
(ii) The ranking minority member of the
Committee on Finance of the Senate, or the
ranking minority member's designee.
(iii) The chairman of the Committee on Ways
and Means of the House of Representatives, or
the chairman's designee.
(iv) The ranking minority member of the
Committee on Ways and Means of the House of
Representatives, or the ranking minority
member's designee.
(v) The chairman of the Committee on the
Judiciary of the Senate, or the chairman's
designee.
(vi) The ranking minority member of the
Committee on the Judiciary of the Senate, or
the ranking minority member's designee.
(vii) The chairman of the Committee on the
Judiciary of the House of Representatives, or
the chairman's designee.
(viii) The ranking minority member of
Committee on the Judiciary of the House of
Representatives, or the ranking minority
member's designee.
(ix) The chairman of the Committee on
Commerce, Science, and Transportation of the
Senate, or the chairman's designee.
(x) The ranking minority member of the
Committee on Commerce, Science and
Transportation of the Senate, or the ranking
minority member's designee.
(xi) The chairman of the Committee on
Energy and Commerce of the House of
Representatives, or the chairman's designee.
(xii) The ranking minority member of the
Committee on Energy and Commerce of the House
of Representatives, or the ranking minority
member's designee.
(B) Executive officers:
(i) The Attorney General, or the Attorney
General's designee.
(ii) The chairman of the Federal Trade
Commission, or the chairman's designee.
(iii) The Secretary of State, or the
Secretary's designee.
(iv) The Secretary of the Treasury, or the
Secretary's designee.
(v) The Secretary of Commerce, or the
Secretary's designee.
(vi) The United States Trade
Representative, or the Trade Representative's
designee.
(2) Lead representative.--(A) The Attorney General, or the
Attorney General's designee, shall be the American delegation's
lead representative.
(B) The lead representative shall--
(i) contact the Japanese lead representative to--
(I) set an agenda for the Commission's
meetings; and
(II) set mutually convenient annual meeting
dates;
(ii) supervise the establishment, procedures, and
structure of the Commission with the Japanese lead
representative, except such procedures shall allow
representatives of industries discussed at such
meetings an opportunity to present their views;
(iii) assemble and maintain the reports, records,
and other papers of the Commission for use by the
American delegation and the public; and
(iv) institute the comprehensive review required by
section 8.
(c) Japanese Delegation.--
(1) Contingency on commencement of activities.--The
commencement of activities under this Act by the American
delegation to the Commission is contingent on the creation by
the appropriate Japanese officials of a Japanese delegation
with representation from an appropriate range of institutions
and interests that participate in antitrust activities in
Japan, as determined by the lead representative of the American
delegation.
(2) Membership.--It is the sense of Congress that the
Japanese delegation should have the same number of members as
the American delegation and be composed of representatives of
public, private, and other organizations involved in antitrust
activities in Japan. It is the sense of the Congress that such
a delegation should at a minimum include the following members:
(A) Members of the Diet:
(i) The chairman of the Budget Committee of
the House of Representatives, or the chairman's
designee.
(ii) The ranking member of the main
opposition party of the Budget Committee of the
House of Representatives, or the ranking
member's designee.
(iii) The Budget Committee chairman of the
House of Councillors, or the chairman's
designee.
(iv) The ranking member of the main
opposition party of the Budget Committee of the
House of Councillors, or the ranking member's
designee.
(v) The chairman of the Commerce Committee
of the House of Representatives, or the
chairman's designee.
(vi) The ranking member of the main
opposition party of the Commerce Committee of
the House of Representatives, or the ranking
member's designee.
(vii) The chairman of the Commerce
Committee of the House of Councillors, or the
chairman's designee.
(viii) The ranking member of the main
opposition party of the Commerce Committee of
the House of Councillors, or the ranking
member's designee.
(ix) The chairman of the Judiciary
Committee of the House of Representatives, or
the chairman's designee.
(x) The ranking member of the main
opposition party of the Judiciary Committee of
the House of Representatives, or the ranking
member's designee.
(xi) The chairman of the Judiciary
Committee of the House of Councillors, or the
chairman's designee.
(xii) The ranking member of the main
opposition party of the Judiciary Committee of
the House of Councillors, or the ranking
member's designee.
(B) Executive officers:
(i) The chairman of the Japan Fair Trade
Commission, or the chairman's designee, and 1
additional commissioner of the chairman's
choice, or that commissioner's designee.
(ii) The Minister of Finance, or the
Minister's designee.
(iii) The Minister of International Trade
and Industry, or the Minister's designee.
(iv) The Minister of Foreign Affairs, or
the Minister's designee.
(v) The Minister of Justice, or the
Minister's designee.
(3) Lead representative.--It is the sense of Congress that
the Prime Minister, or the Prime Minister's designee, should
appoint 1 of the members of the Japanese delegation as a lead
representative to contact the United States lead representative
to--
(A) set an agenda for the Commission's meetings;
(B) set mutually convenient annual meeting dates;
and
(C) perform such other duties as may be assigned to
the lead representative.
(d) Meetings.--The Commission shall convene annually, with the
first meeting to take place in Washington, D.C., in 1994 and the site
of the meeting to alternate thereafter between the United States and
Japan.
(e) Federal Advisory Committee Act.--The Commission shall not be
considered to be an advisory committee under the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 6. COMMISSION FUNCTIONS.
The Commission shall--
(1) discuss and make recommendations on long-term
structural differences in antitrust policy and short-term
antitrust disputes; and
(2) serve as an open forum to promote more coherent
enforcement of antitrust law in Japan and the United States.
SEC. 7. REPORT.
The recommendations and findings of the Commission, reflecting the
major views expressed during the deliberations of the Commission, shall
be completed and made public through issuance of a report in English by
the agency from which the lead representative of the American
delegation is selected, not more than 90 days after the Commission
holds its annual meeting. It is the sense of Congress that the Japanese
delegation should issue a Japanese language version of the report at
the same time as the English language report is issued.
SEC. 8. COMPREHENSIVE REVIEW.
The lead representative of the American delegation shall institute
a comprehensive review of the activities and responsibilities of the
Commission not later than 180 days after the second annual meeting of
the Commission to determine--
(1) whether the Commission is carrying out its purpose;
(2) whether consistent with the purposes of this Act,
responsibilities assigned to the Commission should be revised;
and
(3) whether the existence of the Commission should be
continued.
SEC. 9. COMPENSATION.
Members of the American delegation to the Commission shall not be
paid compensation for services performed on the Commission.
SEC. 10. PAYMENT OF EXPENSES.
The expenses of departments and agencies of the executive branch
and of members and committees of the Senate and of the House of
Representatives in carrying out this Act, including travel expenses and
expenses relating to preparation of the report under section 7, shall
be paid out of general funds that are available and not specifically
appropriated for other purposes. | Joint Antitrust Consultative Commission Act - Establishes the United States-Japan Joint Antitrust Consultative Commission to: (1) discuss and make recommendations on long-term structural differences in antitrust policy and short-term antitrust disputes; and (2) serve as an open forum to promote more coherent enforcement of antitrust law in Japan and the United States.
Requires the lead representative of the American delegation to institute a comprehensive review of the activities and responsibilities of the Commission within 180 days after its second annual meeting.
Sets forth provisions regarding compensation and payment of expenses. | {"src": "billsum_train", "title": "Joint Antitrust Consultative Commission Act"} | 2,753 | 122 | 0.523059 | 1.498749 | 0.626064 | 6.851852 | 24.083333 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Fish and Wildlife
Restoration Act of 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes Fishery Resources Restoration Study, for
which a report was submitted to Congress in 1995, was a
comprehensive study of the status, and the assessment, management,
and restoration needs, of the fishery resources of the Great Lakes
Basin, and was conducted through the joint effort of the United
States Fish and Wildlife Service, State fish and wildlife resource
management agencies, Indian tribes, and the Great Lakes Fishery
Commission; and
(2) the study--
(A) found that, although State, Provincial, Native American
Tribal, and Federal agencies have made significant progress
toward the goal of restoring a healthy fish community to the
Great Lakes Basin, additional actions and better coordination
are needed to protect and effectively manage the fisheries and
related resources in the Great Lakes Basin; and
(B) recommended actions that are not currently funded but
are considered essential to meet goals and objectives in
managing the resources of the Great Lakes Basin.
SEC. 3. REFERENCE; REPEAL.
(a) Reference.--Each reference in this Act (other than in
subsection (b)) to the Great Lakes Fish and Wildlife Restoration Act of
1990 is a reference to the Act enacted by title I of Public Law 101-537
(104 Stat. 2370).
(b) Repeal of Duplicative Enactment.--The Great Lakes Fish and
Wildlife Restoration Act of 1990, enacted as title II of Public Law
101-646 (104 Stat. 4773), is repealed.
SEC. 4. PURPOSES.
Section 1003 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941a) is amended--
(1) in the matter preceding paragraph (1), by striking ``this
Act'' and inserting ``this title'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) and (3) as paragraphs (1)
and (2), respectively;
(4) by striking paragraph (1) (as so redesignated) and
inserting the following:
``(1) to develop and implement proposals for the restoration of
fish and wildlife resources in the Great Lakes Basin; and''; and
(5) in paragraph (2) (as redesignated by paragraph (3)), by
striking ``habitat of'' and inserting ``habitat in''.
SEC. 5. DEFINITIONS.
Section 1004 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941b) is amended--
(1) in the matter preceding paragraph (1), by striking ``this
Act'' and inserting ``this title'';
(2) by redesignating paragraphs (2), (3), (4), (5), (6), (7),
(8), (9), and (10) as paragraphs (3), (4), (5), (6), (7), (14),
(9), (12), and (13), respectively;
(3) by moving paragraph (14) (as redesignated by paragraph (2))
to the end of the section;
(4) in paragraph (9) (as redesignated by paragraph (2)), by
striking ``plant or animal'' and inserting ``plant, animal, or
other organism'';
(5) by inserting after paragraph (1) the following:
``(2) the term `Committee' means the Great Lakes Fish and
Wildlife Restoration Proposal Review Committee established by
section 1005(c);'';
(6) by inserting after paragraph (7) (as redesignated by
paragraph (2)) the following:
``(8) the term `non-Federal source' includes a State
government, local government, Indian tribe, other non-Federal
governmental entity, private entity, and individual;'';
(7) by inserting after paragraph (9) (as redesignated by
paragraph (2)) the following:
``(10) the term `Report' means the United States Fish and
Wildlife Service report entitled `Great Lakes Fishery Resources
Restoration Study', submitted to the President of the Senate and
the Speaker of the House of Representatives on September 13, 1995;
``(11) the term `restoration' means rehabilitation and
maintenance of the structure, function, diversity, and dynamics of
a biological system, including reestablishment of self-sustaining
populations of fish and wildlife;'';
(8) in paragraph (12) (as redesignated by paragraph (2)), by
striking ``and'' at the end; and
(9) in paragraph (13) (as redesignated by paragraph (2)), by
striking the period at the end and inserting ``; and''.
SEC. 6. IDENTIFICATION; REVIEW; AND IMPLEMENTATION OF PROPOSALS.
Section 1005 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941c) is amended to read as follows:
``SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS.
``(a) In General.--The Director, in consultation with the
Committee, shall encourage the development and, subject to the
availability of appropriations, the implementation of proposals based
on the results of the Report.
``(b) Identification of Proposals.--
``(1) Request by the director.--The Director shall annually
request that State Directors and Indian tribes, in cooperation or
partnership with other interested entities and based on the results
of the Report, submit proposals for the restoration of fish and
wildlife resources.
``(2) Requirements for proposals.--A proposal under paragraph
(1) shall be submitted in the manner and form prescribed by the
Director and shall be consistent with the goals of the Great Lakes
Water Quality Agreement, as revised in 1987, the 1954 Great Lakes
Fisheries Convention, the 1980 Joint Strategic Plan for the
Management of Great Lakes fishery resources, the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701
et seq.), and the North American Waterfowl Management Plan and
joint ventures established under the plan.
``(3) Sea lamprey authority.--The Great Lakes Fishery
Commission shall retain authority and responsibility for
formulation and implementation of a comprehensive program for
eradicating or minimizing sea lamprey populations in the Great
Lakes Basin.
``(c) Review of Proposals.--
``(1) Establishment of committee.--There is established the
Great Lakes Fish and Wildlife Restoration Proposal Review
Committee, which shall operate under the guidance of the Council of
Lake Committees of the Great Lakes Fishery Commission.
``(2) Membership and appointment.--
``(A) In general.--The Committee shall consist of
representatives of all State Directors and Indian tribes with
Great Lakes fish and wildlife management authority in the Great
Lakes Basin.
``(B) Appointments.--State Directors and Tribal Chairs
shall appoint their representatives, who shall serve at the
pleasure of the appointing authority.
``(C) Observer.--The Great Lakes Coordinator of the United
States Fish and Wildlife Service shall participate as an
observer of the Committee.
``(D) Recusal.--A member of the Committee shall recuse
himself or herself from consideration of proposals that the
member, or the entity that the member represents, has
submitted.
``(3) Functions.--The Committee shall at least annually--
``(A) review proposals developed in accordance with
subsection (b) to assess their effectiveness and
appropriateness in fulfilling the purposes of this title; and
``(B) recommend to the Director any of those proposals that
should be funded and implemented under this section.
``(d) Implementation of Proposals.--After considering
recommendations of the Committee and the goals specified in section
1006, the Director shall select proposals to be implemented and,
subject to the availability of appropriations and subsection (e), fund
implementation of the proposals. In selecting and funding proposals,
the Director shall take into account the effectiveness and
appropriateness of the proposals in fulfilling the purposes of other
laws applicable to restoration of the fishery resources and habitat of
the Great Lakes Basin.
``(e) Cost-Sharing.--
``(1) In general.--Not less than 25 percent of the cost of
implementing a proposal selected under subsection (d) (not
including the cost of establishing sea lamprey barriers) shall be
paid in cash or in-kind contributions by non-Federal sources.
``(2) Exclusion of federal funds from non-federal share.--The
Director may not consider the expenditure, directly or indirectly,
of Federal funds received by a State or local government to be a
contribution by a non-Federal source for purposes of this
subsection.''.
SEC. 7. REPORTS TO CONGRESS.
Section 1008 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941f) is amended to read as follows:
``SEC. 1008. REPORTS TO CONGRESS.
``On December 31, 2002, the Director shall submit to the Committee
on Resources of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that describes--
``(1) actions taken to solicit and review proposals under
section 1005;
``(2) the results of proposals implemented under section 1005;
and
``(3) progress toward the accomplishment of the goals specified
in section 1006.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 1009 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941g) is amended to read as follows:
``SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Director--
``(1) for the activities of the Great Lakes Coordination Office
in East Lansing, Michigan, of the Upper Great Lakes Fishery
Resources Office, and of the Lower Great Lakes Fishery Resources
Office under section 1007, $3,500,000 for each of fiscal years 1999
through 2004; and
``(2) for implementation of fish and wildlife restoration
proposals selected by the Director under section 1005(d),
$4,500,000 for each of fiscal years 1999 through 2004, of which no
funds shall be available for costs incurred in administering the
proposals.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Great Lakes Fish and Wildlife Restoration Act of 1998 - Amends the Great Lakes Fish and Wildlife Restoration Act of 1990 to: (1) include among the Act's purposes to develop and implement proposals for the restoration of fish and wildlife resources in the Great Lakes Basin; and (2) add a reference to "other organisms" to the definition of "nonindigenous species."
Requires the Director of the United States Fish and Wildlife Service to: (1) encourage the development and implementation of proposals based on the Great Lakes Fishery Resources Restoration Study; and (2) annually request that State Directors and Indian Tribes submit fish and wildlife resources restoration proposals.
Requires the Great Lakes Fishery Commission to retain authority and responsibility for formulation and implementation of a comprehensive program for eradicating or minimizing sea lamprey populations in the Basin.
Establishes the Great Lakes Fish and Wildlife Restoration Proposal Review Committee and requires that it operate under the guidance of the Council of Lake Committees of the Great Lakes Fishery Commission. Requires the Director to select proposals to be implemented and, within available appropriations, fund their implementation. Sets forth cost-sharing requirements.
Authorizes appropriations. | {"src": "billsum_train", "title": "Great Lakes Fish and Wildlife Restoration Act of 1998"} | 2,320 | 261 | 0.60395 | 1.692309 | 0.823064 | 4.757848 | 9.762332 | 0.883408 |
SECTION 1. EDUCATION AND OUTREACH.
(a) State Program.--
(1) In general.--The Administrator of the Environmental
Protection Agency (referred to in this Act as the
``Administrator'') shall provide funds to each State for the
purpose of enabling such States to conduct education and
outreach activities relating to the health-related effects on
children of exposure to environmental tobacco smoke.
(2) Amount.--From amounts made available under subsection
(d)(1) for each fiscal year, the Administrator shall provide to
a State an amount that bears the same ratio to such available
amounts as the population of the State bears to the total
population of all States.
(3) Use of funds.--A State shall use amounts received under
this subsection to carry out activities consistent with the
purpose of paragraph (1).
(4) Minimum amount.--In providing funds to each State under
this subsection, the Administrator shall ensure that no State
receives less than \1/2\ of 1 percent of the amount available
under subsection (e)(1) for a fiscal year for grants under this
subsection.
(5) Maximum amount.--In providing funds to each State under
this subsection, the Administrator shall ensure that no State
receives more than 2\1/2\ percent of the amount available under
subsection (e)(1) for a fiscal year for grants under this
subsection.
(b) National Education and Outreach Campaign.--The Administrator
shall use amounts made available under subsection (d)(2) in each fiscal
year to establish a national education and outreach campaign relating
to the effect on individuals of exposure to tobacco smoke and ways to
minimize such exposure. In establishing such campaign, the
Administrator shall--
(1) focus on children's exposure to environmental tobacco
smoke in the home; and
(2) coordinate activities with the Secretary of Health and
Human Services and other Federal agencies as determined
appropriate by the Administrator.
(c) Peer Review.--The Administrator shall use amounts made
available under subsection (d)(3) in each fiscal year to carry out
research, and provide for peer review studies of research, related to
the exposure of individuals to environmental tobacco smoke.
(d) Funding.--The Administrator shall use amounts available for
each fiscal year from any Trust Fund established as part of a national
settlement on tobacco litigation to carry out this section. With
respect to such amounts for any fiscal year, the Administrator shall
utilize--
(1) $185,000,000 for each fiscal year to carry out
subsection (a);
(2) $10,000,000 for each fiscal year to carry out
subsection (b); and
(3) $5,000,000 for each of the fiscal years 1999 through
2008 to carry out subsection (c).
(e) Sunset.--This section shall not apply after the expiration of
the 25-year period beginning on the date of enactment of this Act.
SEC. 2. PREEMPTION.
The provisions of this Act shall not preempt any provision of State
or local law that provides greater restrictions than those required in
this Act.
SEC. 3. COVERAGE OF FEDERAL BUILDINGS.
(a) In General.--The provisions of Executive Order 13058 (62 FR
43451; August 13, 1997) shall apply to all facilities owned, rented, or
leased by the executive, judicial, or legislative branches of the
Federal Government (including independent agencies) and in any outdoor
areas under executive, judicial or legislative branch control.
(b) Enforcement.--The enforcement of the provisions described in
subsection (a) shall be carried out by--
(1) in the case of facilities or areas to which subsection
(a) applies that are under executive branch control, the head
of the Federal agency involved;
(2) in the case of facilities or areas to which subsection
(a) applies that are under judicial branch control, the
Director of the Administrative Office of the United States
Courts; and
(3) in the case of facilities or areas to which subsection
(a) applies that are under legislative branch control, the
Congressional Office of Compliance.
SEC. 4. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.
(a) In General.--Section 41706 of title 49, United States Code, is
amended to read as follows:
``Sec. 41706. Prohibitions against smoking on scheduled flights
``(a) Smoking Prohibition in Intrastate and Interstate Air
Transportation.--An individual may not smoke in an aircraft on a
scheduled airline flight segment in interstate air transportation or
intrastate air transportation.
``(b) Smoking Prohibition in Foreign Air Transportation.--The
Secretary of Transportation shall require all air carriers and foreign
air carriers to prohibit, on and after the 120th day following the date
of the enactment of this section, smoking in any aircraft on a
scheduled airline flight segment within the United States or between a
place in the United States and a place outside the United States.
``(c) Limitation on Applicability.--With respect to an aircraft
operated by a foreign air carrier, the smoking prohibitions contained
in subsections (a) and (b) shall apply only to the passenger cabin and
lavatory of the aircraft.
``(d) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the 60th day following the date of the enactment of this
Act. | Requires the Administrator of the Environmental Protection Agency to provide funds to States for purposes of conducting education and outreach activities relating to the health effects on children of exposure to environmental tobacco smoke.
Directs the Administrator to use certain funds made available under this Act to: (1) establish a national education and outreach campaign relating to the effects on individuals of exposure to tobacco smoke and ways to minimize such exposure; and (2) carry out research, and provide for peer review studies, related to exposure to environmental tobacco smoke.
Requires the Administrator to use amounts available from any trust fund established as part of a national settlement on tobacco litigation to carry out such activities.
Sunsets such activities 25 years after this Act's enactment date.
Applies a specified executive order for the protection of Federal employees and the public from exposure to tobacco smoke in executive branch workplaces to all facilities owned, rented, or leased by all branches of the Federal Government, including independent agencies, and in all outdoor areas under executive, judicial, or legislative branch control.
Amends Federal transportation law to prohibit smoking in an aircraft (currently, in the passenger cabin or lavatory) on all scheduled airline flight segments in interstate or intrastate air transportation.
Directs the Secretary of Transportation to require all domestic and foreign air carriers to prohibit smoking on any scheduled airline flight within the United States or between a place in the United States and a place outside of it.
Applies such smoking prohibitions, with respect to foreign air carriers, only to passenger cabins and lavatories. | {"src": "billsum_train", "title": "A bill to reduce exposure to environmental tobacco smoke."} | 1,151 | 325 | 0.599347 | 1.840848 | 0.820749 | 3.637584 | 3.620805 | 0.932886 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Filipino Veterans
Entitlement Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is hereby established the Commission on Filipino War Veterans
Entitlement (hereinafter in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--It shall be the duty of the Commission to--
(1) review the facts and circumstances surrounding the
enactment of those provisions of the First Supplemental Surplus
Appropriation Rescission Act, 1946 (Public Law 301 of the 79th
Congress, now codified as section 107 of title 38, United
States Code), that required the denial of most veterans'
benefits and privileges to Filipino veterans of World War II;
(2) review existing Department of Veterans Affairs benefits
and medical privileges that are available to those veterans;
(3) determine what type and kind of fair, equitable, and
justifiable veterans' benefits are due to those veterans; and
(4) recommend appropriate changes in law.
(b) Hearings.--The Commission shall hold public hearings in the
cities of Manila, Cebu, and Davao in the Philippines; Los Angeles and
San Francisco, California; Chicago, Illinois; Houston, Texas; New York,
New York; Washington, DC; Honolulu, Hawaii, and in any other location
that the Commission determines to be appropriate.
(c) Report.--The Commission shall submit to Congress a written
report of its findings and recommendations not later than October 1,
1994.
SEC. 4. MEMBERSHIP.
(a) Composition.--The Commission shall be composed of seven
members, who shall be appointed as follows:
(1) Three members shall be appointed by the President.
(2) Two members shall be appointed by the Speaker of the
House of Representatives.
(3) Two members shall be appointed by the President pro
tempore of the Senate.
(b) Terms, Vacancies.--The term of office for members shall be for
the life of the Commission. A vacancy in the Commission shall not
affect its powers and shall be filled in the same manner in which the
original appointment was made.
(c) First Meeting.--The first meeting of the Commission shall be
called by the President within 60 days after the date of the enactment
of this Act.
(d) Quorum.--Four members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(e) Chairman, Vice Chairman.--The Commission shall elect a chairman
and vice chairman from among its members. The term of office of each
shall be for the life of the Commission.
(f) Compensation.--Each member of the Commission who is not
otherwise employed by the United States Government shall receive
compensation at a rate equal to the daily rate prescribed for GS-18
under the General Schedule contained in section 5332 of title 5, United
States Code, for each day, including travel time, the member is engaged
in the actual performance of the member's duties as a member of the
Commission. A member of the Commission who is an officer or employee of
the United States Government shall serve without additional
compensation. All members of the Commission shall be reimbursed for
travel, subsistence, and other actual and necessary expenses incurred
by them in the performance of their duties.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings; Subpoenas.--The Commission or, on the authorization
of the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out the provisions of this Act, hold such hearings
and sit and act at such times and places, and request the attendance
and testimony of such witnesses and the production of such books,
records, correspondence, memorandum, papers, and documents as the
Commission or such subcommittee or member may deem advisable. 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) Information From Executive Agencies.--The Commission may
require directly from the head of any department, agency, independent
instrumentality, or other authority of the executive branch of the
Government, available information which the Commission considers useful
in the discharge of its duties. All departments, agencies, and
independent instrumentalities, or other authorities of the executive
branch of the Government shall cooperate with the Commission and
furnish all information requested by the Commission to the extent
permitted by law.
SEC. 6. ADMINISTRATIVE PROVISIONS.
The Commission is authorized to--
(1) appoint and fix the compensation of such personnel as
may be necessary, 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 equivalent to the rate payable under GS-18 of the General
Schedule under section 5332 of such title;
(2) obtain the services of experts and consultants in
accordance with the provisions of section 3109 of such title;
(3) enter into agreements with the Administrator of General
Services for procurement of necessary financial and
administrative services, for which payment 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;
(4) 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 appropriation
Acts; and
(5) enter into contracts with Federal or State agencies,
private firms, institutions, and agencies for the conduct of
research or surveys, the preparation of reports and other
activities necessary to the discharge of the duties of the
Commission, to the extent or in such amounts as are provided in
appropriation Acts.
SEC. 7. TERMINATION.
The Commission shall terminate on February 1, 1995.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated $2,000,000 to carry
out the provisions of this Act. | Commission on Filipino Veterans Entitlement Act - Establishes the Commission on Filipino War Veterans Entitlement to: (1) review the facts and circumstances surrounding the enactment of provisions of the First Supplemental Surplus Appropriation Rescission Act, 1946, which denied most veterans' benefits and privileges to Filipino veterans of World War II; (2) review existing Department of Veterans Affairs benefits and medical privileges available to those veterans; (3) determine what type of veterans' benefits are due to such veterans; and (4) recommend appropriate changes in law. Terminates the Commission on February 1, 1995. Authorizes appropriations. | {"src": "billsum_train", "title": "Commission on Filipino Veterans Entitlement Act"} | 1,355 | 131 | 0.684438 | 1.957187 | 0.619832 | 5.896552 | 10.913793 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Your Retirement Accessible
Act'' or the ``MyRA Act''.
SEC. 2. MYRA ACCOUNTS.
(a) In General.--Section 408A of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(g) MyRA Accounts.--
``(1) Special rule for contributions from tax refunds.--A
taxpayer may elect to contribute any portion of an overpayment
of income tax for a taxable year to a MyRA account. The amount
elected under the preceding sentence--
``(A) shall not exceed the amount allowed as a
credit under section 25B for the taxable year, and
``(B) shall not be treated as qualified retirement
contributions for purposes of section 219.
``(2) Direct deposit.--The Secretary shall provide for
direct deposit of refunds from overpayments of income tax by a
taxpayer to the MyRA account of a participant.
``(3) MyRA account defined.--For purposes of this
subsection, the term `MyRA account' means a Roth IRA which
meets the requirements of section 3106(d) of title 31, United
States Code.''.
(b) MyRA Program.--Section 3106 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(d)(1) The Secretary shall, in accordance with this subsection,
establish and carry out a program of individual savings accounts to be
known as `MyRA accounts' under which the Secretary shall, upon receipt
of contributions in cash by or on behalf of a participant, issue
retirement savings bonds to the MyRA account of the participant.
``(2) In carrying out the program under paragraph (1), the
Secretary shall--
``(A) administer a MyRA account for each participant and
credit bonds issued to the participant to the MyRA account of
the participant,
``(B) serve as custodian of assets in the program,
``(C) issue retirement savings bonds described in paragraph
(4), and
``(D) issue to each participant an annual statement
relating to the participant's MyRA account.
``(3) For purposes of this subsection, the term `MyRA account'
means a Roth IRA (as defined in section 408A of the Internal Revenue
Code of 1986) established by the Secretary on behalf of a participant.
``(4) A retirement savings bond issued under this subsection
shall--
``(A) earn interest at the same annual percentage rate as
securities issued to the Government Securities Investment Fund
in the Thrift Savings Plan for Federal employees, as determined
under section 8438(e)(2) of title 5, United States Code,
``(B) shall be compounded daily at \1/360\ of the annual
percentage rate,
``(C) shall have a maturity date that is indeterminate and
may differ for each bond issued, but that does not exceed the
earlier of 30 years from the date the bond is first issued on
behalf of the participant or when the total value of all such
bonds held on behalf of the participant in the MyRA account
reaches $15,000,
``(D) shall cease to bear interest on the date of maturity,
and
``(E) shall be redeemed by the Secretary upon maturity.
``(5) Upon reaching maturity the Secretary shall transfer the
entire amount in the MyRA account in a manner that meets the rollover
requirements of section 408(d)(3) to a Roth IRA (other than a MyRA
account) of the participant administered by a trustee who meets the
satisfaction requirements of the Secretary under section 408(a)(2). For
purposes of this paragraph, the Secretary shall make transfers to
eligible trustees on a rotating basis unless the participant elects
otherwise.
``(6) The Secretary shall accept contributions from employers on
behalf of employees by direct deposit.
``(7) The Secretary shall accept contributions from participants by
direct deposit.
``(8) Participant information under the program under this
subsection shall be exempt from disclosure to the public.
``(9) The Secretary shall issue a quarterly report to Congress--
``(A) listing the number of accounts created in that
quarter, the total number of accounts in existence, the overall
value of assets in the accounts, and the number of taxpayers
per zip code (of the taxpayer) who have created accounts; and
``(B) the names of employers who paid fines for failure of
the employer to notify their employees of these accounts.
``(10) The Secretary shall issue such regulations or other guidance
as may be necessary or appropriate to carry out this subsection.''.
(c) Employer Requirements.--
(1) Chapter 43 of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
``SEC. 4980J. FAILURE OF EMPLOYER RELATING TO MYRA ACCOUNTS.
``(a) Imposition of Tax.--There is hereby imposed a tax on the
failure of any employer to meet the requirements of subsection (e) with
respect to any employee.
``(b) Amount of Tax.--
``(1) In general.--The amount of tax imposed by subsection
(a) on any failure with respect to any employee shall be $100
for each day in the noncompliance period with respect to such
failure.
``(2) Noncompliance period.--For purposes of this section,
the term `noncompliance period' means, with respect to any
failure, the period beginning on the date the failure first
occurs and ending on the date the notice to which the failure
relates is provided or the failure is otherwise corrected.
``(c) Limitations on Amount of Tax.--
``(1) Tax not to apply where failure not discovered and
reasonable diligence exercised.--No tax shall be imposed by
subsection (a) on any failure during any period for which it is
established to the satisfaction of the Secretary that any
employer subject to liability for the tax under subsection (d)
did not know that the failure existed and exercised reasonable
diligence to meet the requirements of subsection (e).
``(2) Tax not to apply to failures corrected within 30
days.--No tax shall be imposed by subsection (a) on any failure
if--
``(A) any employer subject to liability for the tax
under subsection (d) exercised reasonable diligence to
meet the requirements of subsection (e), and
``(B) such employer provides the notice described
in subsection (e) during the 30-day period beginning on
the first date such employer knew, or exercising
reasonable diligence would have known, that such
failure existed.
``(3) Overall limitation for unintentional failures.--
``(A) In general.--If the employer subject to
liability for tax under subsection (d) exercised
reasonable diligence to meet the requirements of
subsection (e), the tax imposed by subsection (a) for
failures during the taxable year of the employer shall
not exceed $500,000.
``(B) Taxable years in the case of certain
controlled groups.--For purposes of this paragraph, if
all persons who are treated as a single employer for
purposes of this section do not have the same taxable
year, the taxable years taken into account shall be
determined under principles similar to the principles
of section 1561.
``(4) Waiver by secretary.--In the case of a failure which
is due to reasonable cause and not to willful neglect, the
Secretary may waive part or all of the tax imposed by
subsection (a) to the extent that the payment of such tax would
be excessive or otherwise inequitable relative to the failure
involved.
``(d) Liability for Tax.--The employer shall be liable for the tax
imposed by subsection (a).
``(e) Employer Requirements Relating to MyRA Accounts.--
``(1) In general.--An employer who pays wages to any
employee through direct deposit shall make contributions
through direct deposit to the MyRA account of the amount of
wages designated by an employee who elects to participate in
the MyRA program under section 3106(d) of title 31, United
States Code.
``(2) Exception.--Paragraph (1) shall not apply to any
employer with respect to an employee if the employer offers an
employer-sponsored qualified retirement plan to the employee.
``(3) Notice requirement.--Each employer shall, in each
paystub, provide a uniform notice to employees on how the
employees can create a MyRA account.''.
(2) The table of sections for chapter 43 of such Code is
amended by adding at the end the following new item:
``Sec. 4980J. Failure of employer relating to MyRA accounts.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Making Your Retirement Accessible Act or the MyRA Act This bill amends the Internal Revenue Code to establish an employee retirement option known as a MyRA account. A MyRA account functions as a Roth Individual Retirement Account. An employee who elects to establish a MyRA account may contribute any portion of a tax refund or make automatic payroll contributions to the account. The funding of MyRA accounts is limited to retirement savings bonds issued by the Department of the Treasury with a specified interest rate and maturity date. The bill imposes a tax on any employer who fails to comply with the requirement for making direct deposits to a MyRA account of wages designated by an employee. | {"src": "billsum_train", "title": "Making Your Retirement Accessible Act"} | 1,943 | 141 | 0.612245 | 1.592583 | 0.649254 | 2.064516 | 14.717742 | 0.83871 |
SECTION 1. READING RESEARCH DISSEMINATION AND IMPLEMENTATION PLAN.
(a) Short Title.--This section may be cited as the ``Reading
Research Dissemination and Implementation Act''.
(b) Findings.--Congress makes the following findings:
(1) The National Reading Panel was convened to assess the
status of research-based knowledge in the area of reading
development and instruction and to evaluate the effectiveness
of various approaches to teaching children to learn to read.
(2) On April 13, 2000, the National Reading Panel issued
its report, ``Teaching Children to Read: An Evidence-Based
Assessment of the Scientific Research Literature on Reading and
its Implications for Reading Instruction''.
(3) The National Reading Panel was to assess the extent to
which instructional approaches found to be effective are ready
for application in the classroom, and to develop a strategy for
rapidly disseminating the information on those approaches to
schools to facilitate effective reading instruction in the
schools.
(4) The National Reading Panel has completed its assessment
of the objective research-based knowledge in the area of
reading development and reading instruction and has identified
several instructional strategies that have been clearly
documented by research to be effective for teaching the range
of reading skills to children of varying reading abilities.
(5) The National Institute of Child Health and Human
Development has developed an initial dissemination strategy to
provide all Members of Congress, all colleges of education, all
State departments of education, and all public libraries in the
Nation with copies of the National Reading Panel's report.
(6) A dissemination of findings, although helpful, does not
typically lead to systematic and genuine implementation of the
critical research findings that inform teacher preparation
practices, classroom instructional practices, and educational
policies.
(7) To ensure that research findings on effective reading
instructional approaches are fully implemented for the
improvement of the education of our Nation's children, a
strategic plan for the dissemination and implementation of the
findings is necessary.
(c) Establishment of Strategic Planning Team.--The Assistant
Secretary of Education for Educational Research and Improvement and the
Director of the National Institute of Child Health and Human
Development of the Department of Health and Human Services shall
jointly convene a strategic planning team to develop the plan required
under subsection (d). The team shall be composed of the following:
(1) The Chairman of the National Reading Panel.
(2) Persons jointly appointed by the convening officials
from among persons who are representative of each of the
following:
(A) The National Institute of Child Health and
Human Development.
(B) The Department of Education.
(C) Teacher professional organizations.
(D) Parents.
(E) Presidents of institutions of higher education.
(F) The teacher education colleges or departments
within institutions of higher education.
(G) Private businesses.
(H) Public libraries.
(I) State boards of education.
(J) State directors of special education.
(K) The Governors of States.
(L) Publishers of reading textbooks.
(d) Plan.--The Strategic Planning Team shall develop and, not later
than December 31, 2000, submit to the Secretary of Education a plan--
(1) to determine--
(A) the extent to which current teacher preparation
for both preservice and inservice training incorporates
the findings of the National Reading Panel; and
(B) how any barriers to the incorporation of those
findings can be changed in order to integrate the
findings into programs to educate and certify teachers;
(2) to identify the deficiencies in instructional
materials, including textbooks and supplementary materials, and
to determine how materials might be designed to correct the
deficiencies in ways that reflect the findings of the National
Reading Panel;
(3) to determine whether there are any barriers in Federal
and State policies that would preclude appropriate adoption of
the National Reading Panel findings; and
(4) to identify specific strategies for collaboration among
businesses, public schools, teacher education programs,
university and college administrators, and teacher-parent
collaborations to guide and ensure that evidence-based
instructional practices are implemented in teacher preparation,
classroom instruction, and Federal and State policies.
(e) Implementation of Plan.--Upon receiving the plan under
subsection (d), the Secretary of Education shall immediately take the
actions necessary to implement the plan. | Directs the SPT to submit to the Secretary of Education a plan that determines and identifies: (1) the extent to which current teacher preparation for both preservice and inservice training incorporates NRP findings, and how barriers to such incorporation can be changed to integrate such findings into programs to educate and certify teachers; (2) deficiencies in instructional materials, and how materials might be designed to correct deficiencies in ways that reflect NRP findings; (3) whether there are barriers in Federal and State policies that would preclude appropriate adoption of NRP findings; and (4) specific strategies for collaboration among businesses, public schools, teacher education programs, university and college administrators, and teacher-parent collaborations to guide and ensure that evidence-based instructional practices are implemented in teacher preparation, classroom instruction, and Federal and State policies.
Directs the Secretary of Education to implement such plan. | {"src": "billsum_train", "title": "Reading Research Dissemination and Implementation Act"} | 871 | 177 | 0.446186 | 1.31024 | 0.667145 | 5.568862 | 5.377246 | 0.934132 |
SECTION 1. PURPOSE.
The purpose of this Act is to establish the preferred alternative
for flood control in the Passaic River basin, New Jersey, to be
implemented in place of construction of the Passaic River Tunnel, while
maintaining the integrity of previously authorized Passaic River basin
restoration measures.
SEC. 2. DEFINITIONS.
In this Act:
(1) Hazard mitigation.--The term ``hazard mitigation''
means--
(A) floodproofing; and
(B) acquisition of wetland throughout the Passaic
River basin for flood management purposes or retention
and detention.
(2) Oversight committee.--The term ``Oversight Committee''
means the committee established by section 3(j).
(3) Preferred alternative.--The term ``preferred
alternative'' means a qualified acquisition and hazard
mitigation plan for the project.
(4) Project.--The term ``project'' means the project for
flood control, Passaic River Main Stem, New Jersey and New
York, authorized by section 101(a)(18) of the Water Resources
Development Act of 1990 (104 Stat. 4607).
(5) Qualified acquisition.--The term ``qualified
acquisition'' means a purchase by the Secretary, in cooperation
with State, county, and local governments, of property that has
sustained excessive damage caused by at least 2 floods,
including the major flood in the Passaic River basin during
1984 and any subsequent flood.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
SEC. 3. COMPONENTS OF PASSAIC RIVER BASIN FLOOD MANAGEMENT PROGRAM.
(a) Structures in the Floodway.--
(1) In general.--The Secretary shall acquire, demolish, and
remove structures in the floodway of the Central Passaic River
basin where excessive damage has occurred in at least 2 floods,
including the flood of 1984 and any subsequent flood.
(2) Cost sharing.--The cost of carrying out paragraph (1)
shall be paid in cooperation with State, county, and local
governments at a ratio of 75 percent Federal to 25 percent non-
Federal.
(3) Stabilization.--The floodway land in the Central
Passaic River basin shall be stabilized as part of the
ecological restoration program under section 101(a)(18)(C) of
the Water Resources Development Act of 1990 (104 Stat. 4609),
and, where appropriate, wetlands shall be created.
(4) Management.--After the land is vacated, the land shall
be held in perpetuity by the most appropriate Federal or State
agency, as determined in consultation with the Oversight
Committee, and shall be managed as open space.
(5) Blue acres program.--This subsection shall be carried
out in conformance with the Blue Acres Program of the State of
New Jersey.
(6) Credit.--Crediting of land acquisition for the non-
Federal share of the cost of the project shall remain in effect
in accordance with section 101(a)(18)(C)(vii) of the Water
Resources Development Act of 1990 (104 Stat. 4609).
(b) Additional Structures in the 10-Year Floodplain.--
(1) In general.--The Secretary shall acquire, demolish, and
remove additional structures, or floodproof structures, to the
10-year floodplain in the floodway of the Central Passaic River
basin in areas where excessive damage has occurred in at least
2 floods, including the flood of 1984 and any subsequent flood.
(2) Cost share.--
(A) Acquisition, demolition, and removal.--Funding
for an acquisition, demolition, and removal under
paragraph (1) shall be shared 75 percent Federal and 25
percent State.
(B) Floodproofing.--Funding of floodproofing under
paragraph (1) shall be shared 75 percent Federal, 15
percent property owner, and 10 percent State.
(3) Criteria.--Criteria for acquisition and floodproofing
shall be developed by the Oversight Committee.
(c) Structures in the Passaic River Basin.--
(1) To the 50-year floodplain.--
(A) In general.--The Secretary shall floodproof
structures in the floodplain of the Central Passaic
River basin to the 50-year floodplain in areas of high
risk.
(B) Cost share.--Funding of floodproofing under
subparagraph (A) shall be shared 55 percent Federal, 20
percent State, and 25 percent property owner.
(2) Remainder.--In the remainder of the floodplain to the
100-year protective flood elevation, the Secretary, in
cooperation with the State of New Jersey, shall provide
information on techniques to deal with flood management.
(d) Wetlands.--
(1) In general.--The Secretary shall acquire--
(A) wetlands in the floodways throughout the Great
Piece Meadows of the Central Passaic River basin to
supplement the wetlands acquisition (approximately
5,369 acres) authorized under section 101(a)(18)(C)(vi)
of the Water Resources Development Act of 1990 (104
Stat. 4609); and
(B) upland transition areas with significant
wildlife or other natural values.
(2) Management.--The Secretary shall transfer the wetlands
and transition areas to the United States Fish and Wildlife
Service, or an appropriate State agency, which shall manage the
wetlands and transition areas in accordance with proper
wetlands management principles so as to ensure the ecological
integrity of the wetlands and transition areas as wildlife
habitat and important components of the hydrological cycle of
the Passaic River basin.
(e) Strategic Land.--
(1) In general.--The Secretary shall acquire strategic land
in the State of New Jersey and the State of New York to prevent
flooding.
(2) Emphasis.--In carrying out paragraph (1), the Secretary
shall emphasize land acquisition in the Highlands Province.
(3) Cooperation.--The Secretary shall carry out this
subsection in cooperation with the Palisades Interstate Park
Commission, the State of New Jersey, the State of New York, and
other Federal agencies (including the Forest Service, the
United States Fish and Wildlife Service, and the National Park
Service).
(f) Molly Ann's Brook.--The Secretary shall acquire land to prevent
flooding from increasing in--
(1) the High Mountain area in Wayne, New Jersey; and
(2) the urban area of the Molly Ann's Brook project in
North Haledon, New Jersey.
(g) Passaic River Restoration Project.--
(1) In general.--The Secretary shall complete the Passaic
River Restoration Project from Little Falls to Newark Bay, New
Jersey.
(2) Riparian land and parkland development.--In cooperation
with the Passaic River Restoration Steering Committee, the
Secretary shall undertake acquisition of riparian land and
parkland development and redevelopment in the Passaic River
basin.
(3) Urban space.--The Secretary shall acquire parcels of
urban space, such as Hilltop in Essex County, New Jersey.
(h) Streambank Restoration.--The Secretary shall complete the
streambank restoration element of the project for flood control,
Passaic River Main Stem, New Jersey and New York, authorized by section
101(a)(18)(B) of the Water Resources Development Act of 1990 (104 Stat.
4608), known as the ``Joseph G. Minish Passaic River Waterfront Park
and Historic Area, New Jersey''.
(i) Remedial Actions.--The Administrator of the Environmental
Protection Agency shall assist the Passaic Valley Sewerage
Commissioners in the implementation of remedial actions for the
combined sewer overflows in the lower Passaic River Basin from the
Great Falls to Newark Bay.
(j) Oversight Committee.--
(1) Establishment.--There is established a committee to be
known as the ``Oversight Committee'' for the implementation of
the preferred alternative.
(2) Membership.--The Oversight Committee shall be composed
of 14 members, appointed as follows:
(A) Corps of engineers.--The Secretary of the Army
shall appoint 1 member to represent the Corps of
Engineers.
(B) Appointments by the governor of new jersey.--
The Governor of New Jersey shall appoint 12 members, as
follows:
(i) 2 representatives of the New Jersey
legislature who are members of different
political parties.
(ii) 1 representative of the State of New
Jersey.
(iii) 2 representatives of county
government.
(iv) 2 representatives of local government.
(v) 1 representative of the Palisades
Interstate Park Commission.
(vi) 1 representative of the North Jersey
District Water Supply Commission.
(vii) 1 representative of each of--
(I) the Association of New Jersey
Environmental Commissions;
(II) the Passaic River Coalition;
and
(III) the Sierra Club.
(C) Appointment by the governor of new york.--The
Governor of New York shall appoint a representative of
the State of New York.
(3) Duties.--
(A) In general.--The Oversight Committee shall--
(i) supervise, review, and make
recommendations on all elements of the
preferred alternative; and
(ii) provide guidance on appropriations for
the efficient implementation of the project.
(B) Primary considerations.--The Oversight
Committee shall primarily consider flood management
projects that are nonstructural and that maintain and
restore the ecological integrity of the river systems.
(4) Meetings.--The Oversight Committee shall hold meetings
regularly.
(5) Termination.--The Oversight Committee shall terminate
on the date on which the preferred alternative project is
completed.
(6) Reporting.--The Oversight Committee shall annually
submit to the Governor of the State of New Jersey, the Governor
of the State of New York, and Congress a report describing the
achievements of the project and any impediments to completion
of the project.
(7) Assistance.--The Secretary, in cooperation with the
State of New Jersey, shall--
(A) cooperate with the Oversight Committee;
(B) provide administrative and technical assistance
to the Oversight Committee; and
(C) respond to all requests and recommendations
made by the Oversight Committee in a cooperative manner
so as to expedite and complete the preferred
alternative.
(k) Preferred Alternative.--Congress--
(1) finds that the preferred alternative is the most
appropriate solution to flooding in the Passaic River basin;
and
(2) directs that the preferred alternative shall be
implemented immediately.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Floodway.--
(1) In general.--There is authorized to be appropriated
$45,000,000 to begin the Federal portion of the buyout of
floodway structures authorized by section 301(b)(10) of the
Water Resources Development Act of 1996 (110 Stat. 3710).
(2) Cost share.--The $15,000,000 made available by the
State of New Jersey for the Blue Acres portion of the Green
Acres Bond Act of 1995, approved by the voters of the State of
New Jersey, shall constitute the 25 percent non-Federal cost
share.
(b) Acquisition of Freshwater Wetlands; Floodproofing.--There are
authorized to be appropriated--
(1) $3,000,000 for the acquisition of freshwater wetlands
in the floodplains within the Passaic River basin; and
(2) $10,000,000 for the floodproofing of structures in the
floodplains within the Passaic River basin.
(c) Acquisition of Land in the Highland Province.--
(1) Total authorization.--There are authorized to be
appropriated--
(A) $400,000,000 for the acquisition of land in the
Highlands Province to reduce flooding in the Passaic
River basin in New Jersey; and
(B) $75,000,000 for the acquisition of land in the
Highlands Province to reduce flooding in the Passaic
River basin in New York.
(2) Annual authorization.--Of the amounts authorized by
paragraph (1)--
(A) there is authorized to be appropriated
$40,000,000 for each fiscal year for acquisition of
land in the State of New Jersey; and
(B) there is authorized to be appropriated
$25,000,000 for each fiscal year for acquisition of
land in the State of New York.
(d) Parkland.--There is authorized to be appropriated $300,000,000
for the acquisition of land and the development and redevelopment of
parkland along the Passaic River from Little Falls to Newark Bay,
Kearny, of which $30,000,000 shall be made available for each fiscal
year for the State of New Jersey.
(e) Joseph G. Minish Passaic River Waterfront Park and Historic
Area.--
(1) In general.--There is authorized to be appropriated
$75,000,000 for the completion of the Joseph G. Minish Passaic
River Waterfront Park and Historic Area, New Jersey.
(2) Cost share.--The Federal share of the cost of the
project described in paragraph (1) shall be 100 percent.
(f) Preferred Alternative.--
(1) In general.--There are authorized to be appropriated--
(A) $1,100,000 for each fiscal year for the
implementation of the preferred alternative and
administration of the Oversight Committee; and
(B) $5,000,000 for the acquisition of land at High
Mountain.
(2) Project budget.--
(A) In general.--For the combined sewer project in
the lower Passaic River basin, a project budget shall
be established of $85,000,000, of which $65,000,000
shall be the Federal share.
(B) Authorization of appropriations.--There are
authorized to be appropriated, for the purpose of
making a grant to the Passaic Valley Sewerage
Commission--
(i) for fiscal year 1999, $22,000,000;
(ii) for fiscal year 2000, $22,000,000; and
(iii) for fiscal year 2001, $21,000,000. | Directs the Secretary of the Army to acquire, demolish, and remove structures in the floodway of the Central Passaic River basin (the basin) where excessive damage has occurred in at least two floods.
Requires that: (1) the floodway land in the basin be stabilized as part of the ecological restoration program under the Water Resources Development Act of 1990 (WRDA) and, where appropriate, wetlands be created; (2) after the land is vacated, it be held in perpetuity by the most appropriate Federal or State agency, as determined by the Oversight Committee (created by this Act), and be managed as open space; (3) this section be carried out in conformance with New Jersey's Blue Acres Program; and (4) crediting of land acquisition for the non-Federal cost share remain in effect in accordance with WRDA.
Directs the Secretary to: (1) acquire, demolish, and remove additional structures, or floodproof structures, to the ten-year floodplain in the floodway of the basin in areas where excessive damage has occurred in at least two floods; (2) floodproof structures in the floodplain of the basin to the 50-year floodplain in areas of high risk, at a 55 percent Federal, 20 percent State, and 25 percent property owner cost share; (3) provide information on techniques to deal with flood management in the remainder of the floodplain to the 100-year protective flood elevation; (4) acquire wetlands in the floodways throughout the Great Piece Meadows of the basin, to supplement the wetlands acquisition authorized under WRDA, and upland transition areas with significant wildlife or other natural values; (5) transfer the wetlands and transition areas to the United States Fish and Wildlife Service, or an appropriate State agency, which shall manage the wetlands and transition areas in accordance with proper wetlands management principles; (6) acquire strategic land in New Jersey and New York to prevent flooding and to prevent flooding from increasing in the High Mountain area in Wayne, New Jersey, and the urban area of the Molly Ann's Brook project in North Haledon, New Jersey; (7) complete the Passaic River Restoration Project from Little Falls to Newark Bay, New Jersey; and (8) complete the streambank restoration element of the project for flood control, Passaic River Main Stem, New Jersey and New York (the Project), authorized by WRDA, known as the Joseph G. Minish Passaic River Waterfront Park and Historic Area, New Jersey (Minish Park).
Requires the Administrator of the Environmental Protection Agency to assist the Passaic Valley Sewerage Commissioners in the implementation of remedial actions for the combined sewer overflows in the lower Passaic River Basin from Great Falls to Newark Bay.
Establishes the Oversight Committee.
Finds that the most appropriate solution to flooding in the Passaic River basin is the "preferred alternative" (a qualified acquisition and hazard mitigation plan for the Project). Directs that such alternative be implemented immediately.
(Sec. 4) Authorizes appropriations to begin the Federal portion of a buyout of floodway structures authorized by WRDA. Directs that $15 million made available by New Jersey for the Blue Acres portion of the Green Acres Bond Act of 1995, approved by New Jersey voters, constitute the 25 percent non-Federal cost share.
Authorizes appropriations for: (1) acquisition of freshwater wetlands, and for floodproofing of structures, in the floodplains within the Passaic River basin; (2) acquisition of land in the Highlands Province to reduce flooding in the Passaic River basin in New Jersey and New York; (3) acquisition of land and the development and redevelopment of parkland along the Passaic River from Little Falls to Newark Bay, Kearny; (4) completion of the Minish Park, at a 100 percent Federal cost share; (5) implementation, each fiscal year, of the preferred alternative and administration of the Oversight Committee; and (6) acquisition of land at High Mountain.
Directs that, for the combined sewer project in the lower Passaic River basin, a project budget be established of $85 million, with a $65 million Federal share. Authorizes appropriations for the purpose of making a grant to the Passaic Valley Sewerage Commission for FY 1999 through 2001. | {"src": "billsum_train", "title": "A bill to enact the Passaic River Basin Flood Management Program."} | 3,011 | 938 | 0.695873 | 2.348621 | 0.757133 | 5.308913 | 3.228327 | 0.959707 |
on the Budget.--Section 301(a)
of the Congressional Budget Act of 1974 is amended by redesignating
paragraphs (6) and (7) as paragraphs (7) and (8), respectively, and by
inserting after paragraph (5) the following new paragraph:
``(6) the receipts, outlays, and surplus or deficit in the
Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund, combined, established
by title II of the Social Security Act;''.
(c) Super Majority Requirement.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``312(g),''
after ``310(d)(2),''.
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``312(g),'' after ``310(d)(2),''.
SEC. 4. PROTECTION OF MEDICARE SURPLUSES.
(a) Points of Order To Protect Medicare Surpluses.--Section 312 of
the Congressional Budget Act of 1974 (as amended by section 3) is
further amended by adding at the end the following new subsection:
``(h) Points of Order To Protect Medicare Surpluses.--
``(1) Concurrent resolutions on the budget.--It shall not
be in order in the House of Representatives or the Senate to
consider any concurrent resolution on the budget, or conference
report thereon or amendment thereto, that would set forth an
on-budget surplus for any fiscal year that is less than the
projected surplus of the Federal Hospital Insurance Trust Fund
for that fiscal year (as assumed in that resolution).
``(2) Subsequent legislation.--Except as provided by
paragraph (3), it shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, amendment, motion, or conference report if--
``(A) the enactment of that bill or resolution as
reported;
``(B) the adoption and enactment of that amendment;
or
``(C) the enactment of that bill or resolution in
the form recommended in that conference report,
would cause the on-budget surplus for any fiscal year to be
less than the projected surplus of the Federal Hospital
Insurance Trust Fund (as assumed in the most recently agreed to
concurrent resolution on the budget) for that fiscal year or
increase the amount by which the on-budget surplus for any
fiscal year would be less than such trust fund surplus for that
fiscal year.
``(3) Exception.--Paragraph (2) shall not apply to medicare
reform legislation as defined by section 7(2) of the Social
Security and Medicare Lock-box Act of 2000.
``(4) Definition.--For purposes of this section, the term
`on-budget surplus', when applied to a fiscal year, means the
surplus in the budget as set forth in the most recently agreed
to concurrent resolution on the budget pursuant to section
301(a)(3) for that fiscal year.''.
(b) Super Majority Requirement.--
(1) Point of order.--Section 904(c)(1) of the Congressional
Budget Act of 1974 (as amended by section 3) is further amended
by inserting ``312(h),'' after ``312(g),''.
(2) Waiver.--Section 904(d)(2) of the Congressional Budget
Act of 1974 (as amended by section 3) is further amended by
inserting ``312(h),'' after ``312(g),''.
SEC. 5. REMOVING SOCIAL SECURITY FROM BUDGET PRONOUNCEMENTS.
(a) In General.--Any official statement issued by the Office of
Management and Budget, the Congressional Budget Office, or any other
agency or instrumentality of the Federal Government of surplus or
deficit totals of the budget of the United States Government as
submitted by the President or of the surplus or deficit totals of the
congressional budget, and any description of, or reference to, such
totals in any official publication or material issued by either of such
Offices or any other such agency or instrumentality, shall exclude the
outlays and receipts of the old-age, survivors, and disability
insurance program under title II of the Social Security Act (including
the Federal Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund) and the related provisions of the
Internal Revenue Code of 1986.
(b) Separate Social Security Budget Documents.--The excluded
outlays and receipts of the old-age, survivors, and disability
insurance program under title II of the Social Security Act shall be
submitted in separate Social Security budget documents.
SEC. 6. PROTECTION OF SOCIAL SECURITY AND MEDICARE SURPLUSES.
(a) Social Security.--(1) Chapter 11 of subtitle II of title 31,
United States Code, is amended by adding before section 1101 the
following:
``Sec. 1100. Protection of social security surpluses
``The budget of the United States Government submitted by the
President under this chapter shall not recommend an on-budget deficit
for any fiscal year covered by that budget unless it includes proposed
legislative language for social security reform legislation as defined
by section 7(1) of the Social Security and Medicare Lock-box Act of
2000.''.
(2) The chapter analysis for chapter 11 of title 31, United States
Code, is amended by inserting before the item relating to section 1101
the following:
``1100. Protection of Social Security Surpluses.''.
(b) Medicare.--(1) Chapter 11 of subtitle II of title 31, United
States Code, is amended by adding after section 1100 the following:
``Sec. 1100A. Protection of medicare surpluses
``The budget of the United States Government submitted by the
President under this chapter shall not recommend an on-budget surplus
for any fiscal year that is less than the projected surplus of the
Federal Hospital Insurance Trust Fund for that fiscal year unless it
includes proposed legislative language for medicare reform legislation
as defined by section 7(2) of the Social Security and Medicare Lock-box
Act of 2000 or social security reform legislation as defined by section
7(1) of that Act.''.
(2) Chapter Analysis.--The chapter analysis for chapter 11 of title
31, United States Code, is amended by inserting after the item relating
to section 1100 the following:
``1100A. Protection of Medicare Surpluses.''.
SEC. 7. DEFINITIONS.
As used in this Act:
(1) Social security reform legislation.--The term ``social
security reform legislation'' means a bill or a joint
resolution to save social security and includes a provision
stating the following: ``For purposes of the Social Security
and Medicare Lock-box Act of 2000, this Act constitutes social
security reform legislation to save social security.''.
(2) Medicare reform legislation.--The term ``medicare
reform legislation'' means a bill or a joint resolution to save
Medicare and includes a provision stating the following: ``For
purposes of the Social Security and Medicare Lock-box Act of
2000, this Act constitutes medicare reform legislation to save
medicare.''.
SEC. 8. EFFECTIVE DATE.
(a) In General.--This Act shall take effect upon the date of its
enactment and the amendments made by this Act shall apply to fiscal
year 2001 and subsequent fiscal years.
(b) Expiration.--(1) Sections 301(a)(6) and 312(g) of the
Congressional Budget Act of 1974 shall expire upon the enactment of
social security reform legislation.
(2) Section 312(h) of the Congressional Budget Act of 1974 shall
expire upon the enactment of medicare reform legislation.
Passed the House of Representatives June 20, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
By Martha C. Morrison,
Deputy Clerk. | Makes it out of order in the House or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if the enactment of the reported bill or resolution, the adoption and enactment of an amendment, or the enactment of a bill or resolution in the form recommended in the conference report would: (1) cause or increase an on-budget deficit for any fiscal year; or (2) cause the on-budget surplus for any fiscal year to be less than the projected surplus of the Federal Hospital Insurance Trust Fund for such year or increase the amount by which the on-budget surplus for any fiscal year would be less than such trust fund surplus for that year. Makes the point of order under (1) above inapplicable to social security reform legislation and that under (2) above inapplicable to Medicare reform legislation. Includes the receipts, outlays, and surplus or deficit in the Federal Old-Age and Survivors and Disability Insurance Trust Funds within the content of the concurrent budget resolution.Authorizes a waiver or suspension in the Senate of points of order under this Act only with a three-fifths majority. Requires the same majority to sustain an appeal on a ruling on such points of order.(Sec. 5) Requires any official Federal Government statement of the Federal or congressional budget surplus or deficit totals to exclude the outlays and receipts of the Old-Age, Survivors, and Disability Insurance Program under the Social Security Act. Requires such outlays and receipts to be submitted in separate social security budget documents.(Sec. 6) Prohibits the Federal Government budget submitted by the President from recommending: (1) an on-budget deficit for any covered fiscal year unless it includes proposed legislative language for social security reform legislation; or (2) an on-budget surplus for any fiscal year that is less than the projected surplus of the Federal Hospital Insurance Trust Fund for that fiscal year unless it includes proposed legislative language for Medicare reform legislation.(Sec. 7) Defines "social security reform legislation" and "Medicare reform legislation" as a bill or joint resolution to save social security or Medicare, respectively, that specifies that it is reform legislation for purposes of this Act.(Sec. 8) Applies the amendments made by this Act to FY 2001 and subsequent fiscal years.Terminates the point of order relating to: (1) the on-budget deficit and budget resolution content amendments made by this Act upon enactment of social security reform legislation; and (2) the on-budget surplus and the Federal Hospital Insurance Trust Fund upon enactment of Medicare reform legislation. | {"src": "billsum_train", "title": "Social Security and Medicare Lock-box Act of 2000"} | 1,761 | 577 | 0.65807 | 1.826604 | 0.837064 | 4.645621 | 3.187373 | 0.91446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Oil and Gas Tax Subsidies Act of
2015''.
SEC. 2. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES.
(a) In General.--Section 167(h) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``24-month period'' in paragraph (1) and
inserting ``7-year period'', and
(2) by striking paragraph (5).
(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. 3. PRODUCING OIL AND GAS FROM MARGINAL WELLS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by striking section 45I
(and by striking the item relating to such section in the table of
sections for such subpart).
(b) Conforming Amendment.--Section 38(b) of such Code is amended by
striking paragraph (19).
(c) Effective Date.--The amendment made by subsection (a) shall
apply to credits determined for taxable years beginning after December
31, 2015.
SEC. 4. ENHANCED OIL RECOVERY CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by striking section 43
(and by striking the item relating to such section in the table of
sections for such subpart).
(b) Conforming Amendment.--Section 38(b) of such Code is amended by
striking paragraph (6).
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2015.
SEC. 5. INTANGIBLE DRILLING AND DEVELOPMENT COSTS IN THE CASE OF OIL
AND GAS WELLS.
(a) In General.--Subsection (c) of section 263 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
sentence: ``This subsection shall not apply to amounts paid or incurred
by a taxpayer with respect to an oil or gas well after December 31,
2015.''.
(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. 6. REPEAL OF PERCENTAGE DEPLETION FOR OIL AND GAS WELLS.
(a) In General.--Part I of subchapter I of chapter 1 of the
Internal Revenue Code of 1986 is amended by striking section 613A (and
the table of sections of such part is amended by striking the item
relating to such section).
(b) Conforming Amendments.--
(1) Subsection (d) of section 45H of such Code is amended--
(A) by striking ``For purposes this section'' and
inserting the following:
``(1) In general.--For purposes of this section'',
(B) by striking ``(within the meaning of section
613A(d)(3))'', and
(C) by adding at the end the following new
paragraph:
``(2) Related person.--For purposes of this subsection, a
person is a related person with respect to the taxpayer if a
significant ownership interest in either the taxpayer or such
person is held by the other, or if a third person has a
significant ownership interest in both the taxpayer and such
person. For purposes of the preceding sentence, the term
`significant ownership interest' means--
``(A) with respect to any corporation, 5 percent or
more in value of the outstanding stock of such
corporation,
``(B) with respect to a partnership, 5 percent or
more interest in the profits or capital of such
partnership, and
``(C) with respect to an estate or trust, 5 percent
or more of the beneficial interests in such estate or
trust.
For purposes of determining a significant ownership interest,
an interest owned by or for a corporation, partnership, trust,
or estate shall be considered as owned directly both by itself
and proportionately by its shareholders, partners, or
beneficiaries, as the case may be.''.
(2) Section 56(g)(4)(F) of such Code is amended to read as
follows:
``(F) Depletion.--The allowance for depletion with
respect to any property placed in service in a taxable
year beginning after December 31, 1989, shall be cost
depletion determined under section 611.''.
(3) Section 57(a)(1) of such Code is amended by striking
the last sentence.
(4) Section 291(b)(4) of such Code is amended by adding at
the end the following: ``Any reference in the preceding
sentence to section 613A shall be treated as a reference to
such section as in effect prior to the date of the enactment of
the End Oil and Gas Tax Subsidies Act of 2015.''.
(5) Section 613(d) of such Code is amended by striking
``Except as provided in section 613A, in the case of'' and
inserting ``In the case of''.
(6) Section 613(e) of such Code is amended--
(A) by striking ``or section 613A'' in paragraph
(2), and
(B) by striking ``any amount described in section
613A(d)(5)'' in paragraph (3) and inserting ``any lease
bonus, advance royalty, or other amount payable without
regard to production from property''.
(7) Section 705(a) of such Code is amended--
(A) by inserting ``and'' at the end of paragraph
(1)(C),
(B) by striking ``; and'' at the end of paragraph
(2)(B) and inserting a period, and
(C) by striking paragraph (3).
(8) Section 776 of such Code is amended by striking
subsection (a) and by redesignating subsection (b) as
subsection (a).
(9) Section 954(g)(2)(D) of such Code is amended by
inserting ``(as in effect before the date of the enactment of
the End Oil and Gas Tax Subsidies Act of 2015)'' after
``section 613A''.
(10) Section 993(c)(2)(C) of such Code is amended by
striking ``section 613 or 613A'' and inserting ``section 613
(determined without regard to subsection (d) thereof)''.
(11) Section 1202(e)(3)(D) of such Code is amended by
striking ``section 613 or 613A'' and inserting ``section 613
(determined without regard to subsection (d) thereof)''.
(12) Section 1367(a)(2) of such Code is amended by
inserting ``and'' at the end of subparagraph (C), by striking
``, and'' at the end of subparagraph (D) and inserting a
period, and by striking subparagraph (E).
(13) Section 1446(c) of such Code is amended by striking
paragraph (2) and by redesignating paragraph (3) as paragraph
(2).
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2015.
SEC. 7. REPEAL OF DEDUCTION FOR TERTIARY INJECTANTS.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by striking section 193 (and
the table of sections of such subpart is amended by striking the item
relating to such section).
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 8. REPEAL OF EXCEPTION TO PASSIVE LOSS LIMITATIONS FOR WORKING
INTERESTS IN OIL AND GAS PROPERTIES.
(a) In General.--Section 469(c)(3) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(C) Termination.--Subparagraph (A) shall not
apply with respect to any taxable year beginning after
the date of the enactment of this Act.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2015.
SEC. 9. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION
ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS
ACTIVITIES.
(a) In General.--Section 199(c)(4)(B) of the Internal Revenue Code
of 1986 is amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting ``, and'',
and by inserting after clause (iii) the following new clause:
``(iv) the production, refining,
processing, transportation, or distribution of
oil, gas, or any primary product thereof.''.
(b) Conforming Amendment.--Section 199(d) of such Code is amended
by striking paragraph (9) and by redesignating paragraph (10) as
paragraph (9).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 10. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR OIL AND
GAS 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) Oil and Gas Companies.--
``(1) In general.--Notwithstanding any other provision of
this section, a major integrated oil company may not use the
method provided in subsection (b) in inventorying of any goods.
``(2) Major integrated oil company.--For purposes of this
subsection, the term `major integrated oil company' means, with
respect to any taxable year, a producer of crude oil--
``(A) which has an average daily worldwide
production of crude oil of at least 500,000 barrels for
the taxable year,
``(B) which has gross receipts in excess of
$1,000,000,000 for the taxable year, and
``(C) the average daily refinery runs of the
taxpayer and related persons for the taxable year
exceed 75,000 barrels.
``(3) Special rules.--
``(A) Crude production and gross receipts.--For
purposes of subparagraphs (A) and (B) of paragraph
(2)--
``(i) Controlled groups and common
control.--All persons treated as a single
employer under subsections (a) and (b) of
section 52 shall be treated as 1 person.
``(ii) Short taxable years.--In case of a
short taxable year, the rule under section
448(c)(3)(B) shall apply.
``(B) Average daily refinery runs.--For purposes of
paragraph (2)(C)--
``(i) In general.--The average daily
refinery runs for any taxable year shall be
determined by dividing the aggregate refinery
runs for the taxable year by the number of days
in the taxable year.
``(ii) Related persons.--A person is a
related person with respect to the taxpayer if
a significant ownership interest in either the
taxpayer or such person is held by the other,
or if a third person has a significant
ownership interest in both the taxpayer and
such person.
``(iii) Significant ownership interest.--
For purposes of clause (ii), the term
`significant ownership interest' means--
``(I) with respect to any
corporation, 15 percent or more in
value of the outstanding stock of such
corporation,
``(II) with respect to a
partnership, 15 percent or more
interest in the profits or capital of
such partnership, and
``(III) with respect to an estate
or trust, 15 percent or more of the
beneficial interests in such estate or
trust.
For purposes of determining a significant
ownership interest, an interest owned by or for
a corporation, partnership, trust, or estate
shall be considered as owned directly both by
itself and proportionately by its shareholders,
partners, or beneficiaries, as the case may
be.''.
(b) Effective Date and Special Rule.--
(1) In general.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2015.
(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 the date of the enactment of this Act--
(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. 11. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO 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 Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer to a foreign country or possession of the United
States for any period with respect to combined foreign oil and
gas income (as defined in section 907(b)(1)) shall not be
considered a tax to the extent such amount exceeds the amount
(determined in accordance with regulations) which would have
been required to be paid if the taxpayer were not a dual
capacity taxpayer.
``(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.''.
(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, 2015.
(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. | End Oil and Gas Tax Subsidies Act of 2015 This bill amends the Internal Revenue Code to: increase to seven years the amortization period for geological and geophysical expenditures; repeal the tax credits for producing oil and gas from marginal wells and for enhanced oil recovery; repeal the tax deduction for the intangible drilling and development costs of oil and gas wells; repeal percentage depletion for oil and gas wells; repeal the tax deduction for tertiary injectant expenses; repeal the passive loss exception for working interests in oil and gas property; deny the tax deduction for income attributable to domestic production activities for oil and gas activities; prohibit the use of the last-in, first-out (LIFO) accounting method by major integrated oil companies; and limit the foreign tax credit for dual capacity taxpayers (i.e., taxpayers who are subject to a levy of a foreign country or U.S. possession and receive specific economic benefits from such country or possession). | {"src": "billsum_train", "title": "End Oil and Gas Tax Subsidies Act of 2015"} | 3,373 | 213 | 0.499362 | 1.406821 | 0.628162 | 3.081081 | 16.091892 | 0.875676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Bilateral Accountability
Act of 1999''.
SEC. 2. CIVIL AVIATION AGREEMENTS.
Section 40105 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Congressional Review.--
``(1) In general.--A civil aviation agreement that is
entered into under this section after the date of enactment of
this subsection shall enter into force with respect to the
United States only if--
``(A) the Secretary involved transmits to Congress
a document containing a copy of the final text of the
agreement, together with an explanation of the
agreement; and
``(B)(i) a disapproval resolution is not introduced
in either House of Congress on or before the last day
of a 20-day period of continuous session of Congress
following the date on which Congress receives the
agreement under subparagraph (A);
``(ii) if a disapproval resolution is introduced in
either House, the disapproval resolution is not enacted
on or before the last day of a 90-day period of
continuous session of Congress following the date on
which Congress receives the agreement under
subparagraph (A) and is not vetoed by the President; or
``(iii) if the President vetoes the disapproval
resolution, both Houses of Congress do not vote to
override the veto on or before the later of the last
day of the 90-day period referred to in clause (ii) or
the last day of a 30-day period of continuous session
of Congress following the date Congress receives the
veto message from the President.
``(2) Computing number of days.--For purposes of paragraphs
(1) and (6), the continuity of a session of Congress is broken
only by an adjournment of the Congress sine die, and the number
of days on which either House is not in session because of an
adjournment of more than 3 days to a day certain are excluded
in the computation of the period specified.
``(3) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
``(A) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such these provisions are deemed a part of the
rules of each House, respectively, but applicable only
with respect to the procedure to be followed in that
House in the case of disapproval resolutions described
in paragraph (4); and they supersede other rules only
to the extent that they are inconsistent therewith; and
``(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.
``(4) Disapproval resolution defined.--The term
`disapproval resolution' means only a joint resolution of the
two Houses of Congress, the matter after the resolving clause
of which is as follows: `That Congress disapproves the civil
aviation agreement between the United States and
________________ transmitted by ________________ to the
Congress on ________________.', the first blank space being
filled with the name of the country involved, the second blank
space being filled with the title of the Secretary involved,
and the third blank space being filled with the appropriate
date.
``(5) Referral.--A disapproval resolution introduced in the
House of Representatives shall be referred to the Committee on
Transportation and Infrastructure and a disapproval resolution
introduced in the Senate shall be referred to the Committee on
Commerce, Science, and Transportation.
``(6) Automatic discharge.--If the committee of either
House to which a disapproval resolution has been referred has
not reported the resolution on or before the 45th day after its
introduction, the committee shall be automatically discharged
from further consideration of the resolution.
``(7) Amendments prohibited.--No amendment to a disapproval
resolution shall be in order in either the House of
Representatives or the Senate; and no motion to suspend the
application of this subsection shall be in order in either
House, nor shall it be in order in either House for the
Presiding Officer to entertain a request to suspend the
application of this paragraph by unanimous consent.
``(8) Prior action by other house.--If prior to the passage
by one House of a disapproval resolution of that House, that
House receives the same disapproval resolution from the other
House, then--
``(A) the procedure in that House shall be the same
as if no disapproval resolution had been received from
the other House; but
``(B) any vote on final passage shall be on the
disapproval resolution of the other House.
``(9) Floor consideration in the house.--
``(A) Motion to proceed.--A motion in the House of
Representatives to proceed to the consideration of a
disapproval resolution that has been reported by the
Committee on Transportation and Infrastructure or
received by the other House shall be highly privileged
and not debatable. An amendment to the motion shall not
be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate.--Debate in the House of
Representatives on a disapproval resolution shall be
limited to not more than 5 hours, which shall be
divided equally between those favoring and those
opposing the resolution. A motion further to limit
debate shall not be debatable. It shall not be in order
to move to recommit a disapproval resolution or to move
to reconsider the vote by which a disapproval
resolution is agreed to or disagreed to.
``(C) Motions to postpone.--Motions to postpone,
made in the House of Representatives with respect to
the consideration of a disapproval resolution, and
motions to proceed to the consideration of other
business, shall be decided without debate.
``(D) Appeals.--All appeals from the decisions of
the Chair relating to the application of the Rules of
the House of Representatives to the procedure relating
to a disapproval resolution shall be decided without
debate.
``(E) Applicability of other rules.--Except to the
extent specifically provided in the preceding
provisions of this subsection, consideration of a
disapproval resolution shall be governed by the Rules
of the House of Representatives applicable to other
bills and resolutions in similar circumstances.
``(10) Floor consideration in the senate.--
``(A) Motion to proceed.--A motion in the Senate to
proceed to the consideration of a disapproval
resolution that has been reported by the Committee on
Commerce, Science, and Transportation or received by
the other House shall be privileged and not debatable.
An amendment to the motion shall not be in order, nor
shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
``(B) Debate.--Debate in the Senate on a
disapproval resolution, and all debatable motions and
appeals in connection therewith, shall be limited to
not more than 10 hours. The time shall be equally
divided between, and controlled by, the majority leader
and the minority leader or their designees.
``(C) Appeals.--Debate in the Senate on any
debatable motion or appeal in connection with a
disapproval resolution shall be limited to not more
than 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the
resolution, except that in the event the manager of the
resolution is in favor of any such motion or appeal,
the time in opposition thereto, shall be controlled by
the minority leader or his designee. Such leaders, or
either of them, may, from time under their control on
the passage of a disapproval resolution, allot
additional time to any Senator during the consideration
of any debatable motion or appeal.
``(D) Motion to limit debate; motion to recommit.--
A motion in the Senate to further limit debate is not
debatable. A motion to recommit a disapproval
resolution is not in order.''. | Aviation Bilateral Accountability Act of 1999 - Amends Federal aviation law to require congressional review, according to a specified procedure, of civil aviation agreements establishing air navigation (including air routes and services) between the United States and a foreign country. | {"src": "billsum_train", "title": "Aviation Bilateral Accountability Act of 1999"} | 1,851 | 54 | 0.462317 | 1.095668 | 0.447974 | 1.577778 | 38.177778 | 0.688889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Vehicle Corridors Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Traditional transportation refueling networks are well-
established, but market uncertainties regarding alternative
fuel infrastructure continue to hamper the full use of cleaner
alternative domestic energy resources in transportation.
(2) Despite considerable investor interest, higher capital
costs and an uncertain consumer base has limited expansion of
cleaner alternative refueling and recharging options.
(3) Reduced pollution and energy independence are important
factors at a National level, but they are not a sufficient
inducement to create large-scale changes.
(4) While American-made fuels provide many energy security
and environmental benefits, a significant portion of imported
petroleum continues to be consumed as fuel in on-road motor
vehicles.
(5) Motor vehicles fueled by domestically generated,
cleaner alternative transportation fuels, such as compressed
natural gas, liquefied natural gas, propane, electricity,
hydrogen, and advanced biofuels, can pay for themselves over
time, but sales of such vehicles, other than return-to-base
vehicles, have been hampered because of insufficient refueling
infrastructure.
(6) Simultaneous facilitation of infrastructure development
and a robust customer base is needed to avoid penalizing
current users or early adopters.
(7) Facilitating focused infrastructure development along
designated routes will foster an expansion of cleaner
alternative fuel vehicles and increase the likelihood for
commercial success.
(8) Eliminating the logistical barriers that are delaying
infrastructure development along Clean Vehicle Corridors will--
(A) provide cleaner alternative refueling stations
with a larger customer base;
(B) attract more buyers to the purchase of clean
vehicles; and
(C) provide new market outlets for clean fuel
providers.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to provide market certainty to drive private and
commercial capital investment in clean transportation options;
(2) to promote clean transportation technologies that
will--
(A) lead to increased diversity and dissemination
of cleaner alternative fuel options; and
(B) enable the United States to bridge the gap from
foreign energy imports to secure, domestically produced
energy; and
(3) to facilitate clean transportation incentives that
will--
(A) attract a critical mass of clean transportation
vehicles that will give cleaner alternative fueling
stations an assured customer base and market certitude;
(B) provide for ongoing increases in energy
demands;
(C) support the growth of jobs and businesses in
the United States;
(D) reduce pollution by motor vehicles;
(E) decrease our Nation's use of foreign oil; and
(F) encourage innovation in transportation energy
and technology.
SEC. 4. DEFINITIONS.
In this Act:
(1) Cleaner alternative fuels.--The term ``cleaner
alternative fuels'' includes--
(A) compressed natural gas;
(B) liquefied natural gas;
(C) liquefied petroleum gas (also known as
propane);
(D) plug-in electric;
(E) advanced biofuels (as defined in section
211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C.
7545(o)(1)(B)(i)));
(F) hydrogen; and
(G) other fuels designated by the Secretary.
(2) Clean cities.--The term ``Clean Cities'' means the
voluntary public-private partnership and technology deployment
program managed by the Department of Energy to meet goals in
the Alternative Motor Fuels Act of 1988 (Public Law 100-494),
the Clean Air Act Amendments of 1990 (Public Law 101-549), and
the Energy Policy Act of 1992 (Public Law 102-486).
(3) Highways.--The term ``highways'' is limited to roadways
that are part of--
(A) the National Highway System, as established by
the Federal Highway Administration;
(B) the Dwight D. Eisenhower National System of
Interstate and Defense Highways;
(C) the National Truck Network, as authorized by
the Surface Transportation Assistance Act of 1982
(Public Law 97-424) and established by the Federal
Highway Administration; and
(D) other roadways most critical to trucks as
determined by the Office of Freight Management and
Operations in the Federal Highway Administration and
authorized by the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Public Law 112-141).
(4) Supporting infrastructure.--The term ``supporting
infrastructure'' includes fueling or charging stations, rest
stops, travel plazas, and other service areas on public or
private property that are found to be most practically located
along a Clean Vehicle Corridor.
SEC. 5. CLEAN VEHICLE CORRIDORS PROGRAM.
(a) Corridor Designations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation
(referred to in this section as the ``Secretary'') shall
designate not fewer than 5 ``Clean Vehicle Corridors'' along
Federal highways, interstates, or other contiguous highways.
(2) Consultation.--Before making a designation under
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Energy regarding
the analysis of data collected by both agencies at
cleaner alternative fueling projects authorized by this
Act and other Acts to better understand usage patterns
and petroleum displacement to inform Corridor
designation;
(B) receive approval from the Secretary of Energy;
(C) consult with the Secretary of Commerce, the
Secretary of the Interior, and the Administrator of the
Environmental Protection Agency;
(D) consult with State, Tribal, and local
governments through whose jurisdictions the proposed
corridor runs or abuts;
(E) gather information from Federal, State, Tribal,
and local governments, nongovernmental organizations,
businesses, Clean Cities, and individuals to help
determine which highways should be included in the
corridors designated under paragraph (1);
(F) consider existing programs, whether Federal,
State, Tribal, local, or private, which can be
leveraged to achieve the purposes of this Act;
(G) give preference to corridors that connect Clean
Cities, as designated by the Department of Energy; and
(H) give consideration to air quality nonattainment
areas, as determined by the Administration of the
Environmental Protection Agency.
(b) Infrastructure Development for Cleaner Alternative Fuels.--
(1) In general.--The Secretary of Transportation shall
encourage the addition of cleaner alternative fuel options and
other supporting infrastructure along Clean Vehicle Corridors.
These refueling stations should provide at least 1 cleaner
alternative fuel and allow any motor vehicle that operates on
such fuels to refuel at distances comfortably within vehicle
refueling or charging range without the need for prior
arrangement. Existing and private facilities should be
encouraged to be included in the Clean Vehicle Corridors
network.
(2) Incentives.--To promote Clean Vehicle Corridors, the
Secretary may provide waivers to statutory restrictions for
cleaner alternative fuel projects and vehicles along Clean
Vehicle Corridors, including--
(A) modifying HOV/HOT lane restrictions under
section 166 of title 23, United States Code, to
accommodate vehicles using cleaner alternative fuels;
(B) modifying weight limits under section 127 of
title 23, United States Code, to accommodate the
additional weight to vehicles caused by cleaner
alternative fuel technology such as fuel cylinders for
natural gas or auxiliary power sources;
(C) deeming Clean Vehicle Corridor projects
designated under subsection (a) as eligible projects
for an increased Federal funding share under section
1116 of the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Public Law 112-141);
(D) allowing owners and operators of publicly owned
supporting infrastructure to designate parking spaces
that are conveniently located near major facilities for
use by vehicles that use cleaner alternative fuels;
(E) allowing the inclusion of cleaner alternative
fueling infrastructure projects in State energy
conservation plans, in accordance with section
362(d)(5) of the Energy Policy and Conservation Act (42
U.S.C. 6322(d)(5)); and
(F) giving areas surrounding Clean Cities a
priority preference for Department of Energy funding
opportunities.
(c) Information and Resources on Clean Vehicle Corridors.--
(1) Website.--
(A) In general.--The Secretary of Transportation
shall maintain a publicly accessible website containing
information and resources for Clean Vehicle Corridors.
(B) Best practices.--The Secretary, in consultation
with Federal agencies, Tribes, States, and Clean
Cities, shall--
(i) identify best practices and case
studies of communities and complementary
programs that have successfully promoted
cleaner alternative fuel use; and
(ii) post the information described in
clause (i) on the website referred to in
subparagraph (A).
(C) Available mechanisms.--The Secretary shall--
(i) identify existing technical and
financial mechanisms available to promote the
development of cleaner alternative fuel
infrastructure; and
(ii) post the information described in
clause (i) on the website referred to in
subparagraph (A).
(D) Hyperlink.--The Secretary shall ensure that the
website referred to in subparagraph (A) is linked to
the Alternative Fuels Data Center maintained by the
Department of Energy.
(2) Data gathering.--The Secretary shall collaborate with
the Secretary of Energy and all relevant Clean Vehicle Corridor
stakeholders to collect data on cleaner alternative fueling
station usage patterns, including energy consumption,
performance, petroleum displacement, and other factors deemed
important by the Secretaries to inform Corridor designation and
performance.
(3) Interstate compacts.--
(A) Establishment.--Two or more contiguous States
may enter into an interstate compact to establish Clean
Vehicle Corridor partnerships to facilitate planning
for and siting of necessary facilities within those
States.
(B) Technical assistance.--
(i) In general.--The Secretary, in
consultation with the Secretary of Energy, the
Secretary of Commerce, the Secretary of the
Interior, and the Administrator of the
Environmental Protection Agency, may provide
technical assistance to interstate compact
partnerships established pursuant to
subparagraph (A).
(ii) Federal authority.--Nothing contained
in clause (i) or in any compact may be
construed--
(I) to limit the applicability of
any Federal law;
(II) to diminish or otherwise
impair the jurisdiction of any Federal
agency; or
(III) to alter, amend, or otherwise
affect any Federal law governing the
judicial review of any action taken
pursuant to any compact.
(C) Congressional review.--Each compact established
pursuant to subparagraph (A) shall acknowledge that
Congress may withdraw its consent under this paragraph
every 3 years after the compact has taken effect. | Clean Vehicle Corridors Act Requires the Department of Transportation (DOT) to: designate at least five Clean Vehicle Corridors along federal highways, interstates, or other contiguous highways after consulting with specified agencies; and encourage the addition of cleaner alternative fuel options and other supporting infrastructure along the corridors and the inclusion of existing and private facilities in the corridor. Defines "cleaner alternative fuels" to include: compressed natural gas, liquefied natural gas, liquefied petroleum gas (also known as propane), plug-in electric, advanced biofuels, and hydrogen. Authorizes DOT to provide waivers of statutory restrictions for cleaner alternative fuel projects and vehicles along Clean Vehicle Corridors. Requires DOT to: maintain a publicly accessible website containing information and resources for corridors; identify best practices and case studies of communities and complementary programs that have successfully promoted cleaner alternative fuel use in consultation with federal agencies, tribes, states, and Clean Cities; identify existing technical and financial mechanisms available to promote the development of cleaner alternative fuel infrastructure; and collaborate with the Department of Energy (DOE) and all relevant Clean Vehicle Corridor stakeholders to collect data on cleaner alternative fueling station usage patterns. Authorizes: two or more contiguous states to enter into an interstate compact to establish Clean Vehicle Corridor partnerships to facilitate planning for and siting of necessary facilities within those states; and DOT, in consultation with DOE, the Department of Commerce, the Department of the Interior, and the Environmental Protection Agency, to provide technical assistance to interstate compact partnerships. | {"src": "billsum_train", "title": "Clean Vehicle Corridors Act"} | 2,335 | 347 | 0.551418 | 1.758428 | 0.815256 | 4.039735 | 7.231788 | 0.874172 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Equity and Access for
Returning Troops and Servicemembers Act'' or the ``HEARTS Act''.
SEC. 2. MODIFICATION OF REQUIREMENT FOR CERTAIN FORMER MEMBERS OF THE
ARMED FORCES TO ENROLL IN MEDICARE PART B TO BE ELIGIBLE
FOR TRICARE FOR LIFE.
(a) TRICARE Eligibility.--
(1) In general.--Subsection (d) of section 1086 of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(6)(A) The requirement in paragraph (2)(A) to enroll in the
supplementary medical insurance program under part B of title XVIII of
the Social Security Act (42 U.S.C. 1395j et seq.) shall not apply to a
person described in subparagraph (B) during any month in which such
person is not entitled to a benefit described in subparagraph (A) of
section 226(b)(2) of the Social Security Act (42 U.S.C. 426(b)(2)) if
such person has received the counseling and information under
subparagraph (C).
``(B) A person described in this subparagraph is a person--
``(i) who is under 65 years of age;
``(ii) who is entitled to hospital insurance benefits under
part A of title XVIII of the Social Security Act pursuant to
subparagraph (A) or (C) of section 226(b)(2) of such Act (42
U.S.C. 426(b)(2));
``(iii) whose entitlement to a benefit described in
subparagraph (A) of such section has terminated due to
performance of substantial gainful activity; and
``(iv) who is retired under chapter 61 of this title.
``(C) The Secretary of Defense shall coordinate with the Secretary
of Health and Human Services to notify persons described in
subparagraph (B) of, and provide information and counseling regarding,
the effects of not enrolling in the supplementary medical insurance
program under part B of title XVIII of the Social Security Act (42
U.S.C. 1395j et seq.), as described in subparagraph (A).''.
(2) Conforming amendment.--Paragraph (2)(A) of such
subsection is amended by striking ``is enrolled'' and inserting
``except as provided by paragraph (6), is enrolled''.
(3) Identification of persons.--Section 1110a of such title
is amended by adding at the end the following new subsection:
``(c) Certain Individuals Not Required To Enroll in Medicare Part
B.--In carrying out subsection (a), the Secretary of Defense shall
coordinate with the Secretary of Health and Human Services and the
Commissioner of Social Security to--
``(1) identify persons described in subparagraph (B) of
section 1086(d)(6) of this title; and
``(2) provide information and counseling pursuant to
subparagraph (D) of such section.''.
(b) Non-Application of Medicare Part B Late Enrollment Penalty.--
Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is
amended, in the second sentence, by inserting ``or months for which the
individual can demonstrate that the individual is an individual
described in paragraph (6)(B) of section 1086(d) of title 10, United
States Code, who is enrolled in the TRICARE program pursuant to such
section'' after ``an individual described in section 1837(k)(3)''.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, the Secretary of
Health and Human Services, and the Commissioner of Social Security
shall jointly submit to the Committees on Armed Services of the House
of Representatives and the Senate, the Committee on Ways and Means of
the House of Representatives, and the Committee on Finance of the
Senate a report on the implementation of section 1086(d)(6) of title
10, United States Code, as added by subsection (a). Such report shall
include, with respect to the period covered by the report--
(1) the number of individuals enrolled in TRICARE for Life
who are not enrolled in the supplementary medical insurance
program under part B of title XVIII of the Social Security Act
(42 U.S.C. 1395j et seq.) by reason of such section 1086(d)(6);
and
(2) the number of individuals who--
(A) are retired from the Armed Forces under chapter
61 of title 10, United States Code;
(B) are entitled to hospital insurance benefits
under part A of title XVIII of the Social Security Act
pursuant to receiving benefits for 24 months as
described in subparagraph (A) or (C) of section
226(b)(2) of such Act (42 U.S.C. 426(b)(2)); and
(C) because of such entitlement, are no longer
enrolled in TRICARE Standard, TRICARE Prime, TRICARE
Extra, or TRICARE Select under chapter 55 of title 10,
United States Code.
(d) Application.--The amendments made by this section shall apply
with respect to a person who, on or after the date of the enactment of
this Act, is a person described in section 1086(d)(6)(B) of title 10,
United States Code, as added by subsection (a). | Health Equity and Access for Returning Troops and Servicemembers Act or the HEARTS Act This bill extends TRICARE eligibility to certain former members of the Armed Forces regardless of whether they enroll (as required under current law) in Medicare's supplementary medical insurance program. Specifically, the bill applies to former members who are: (1) younger than 65 years of age, (2) medically retired from the Armed Forces, and (3) entitled to Medicare hospital insurance benefits on the basis of their former entitlement to disability insurance benefits under the Social Security Act. Furthermore, these former members shall not be subject to late-enrollment penalties under Medicare's supplemental medical insurance program. The Department of Defense must coordinate with the Department of Health and Human Services to: (1) identify former members to which the bill applies, (2) counsel those former members on the effects of declining to enroll in Medicare's supplemental medical insurance program, and (3) report to Congress on specified issues related to the bill's implementation. | {"src": "billsum_train", "title": "Health Equity and Access for Returning Troops and Servicemembers Act"} | 1,256 | 228 | 0.538603 | 1.540841 | 0.694992 | 2.148936 | 5.606383 | 0.787234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Security Technology
Innovation Act of 2011''.
SEC. 2. SOURCE OF APPROPRIATIONS.
Appropriations for carrying out this Act and the amendments made by
this Act shall be derived from authorizations of appropriations under
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).
SEC. 3. ENSURING RESEARCH ACTIVITIES OF THE DEPARTMENT OF HOMELAND
SECURITY INCLUDE APPROPRIATE CONCEPTS OF OPERATION.
The Under Secretary for Science and Technology of the Department of
Homeland Security (in this Act referred to as the ``Under Secretary'')
shall ensure that any Federal Government interagency or intra-agency
agreement entered into by the Under Secretary to develop and transition
new technology explicitly characterizes the requirements, expected use,
and concept of operations for that technology, including--
(1) the manpower needed to effectively operate the
technology;
(2) the expected training requirements; and
(3) the expected operations and maintenance costs.
SEC. 4. REAUTHORIZATION OF HOMELAND SECURITY SCIENCE AND TECHNOLOGY
ADVISORY COMMITTEE.
Section 311(j) of the Homeland Security Act of 2002 (6 U.S.C.
191(j)) is amended by striking ``on December 31, 2008'' and inserting
``on December 31, 2014''.
SEC. 5. REPORT ON BASIC RESEARCH NEEDS FOR BORDER/MARITIME SECURITY.
(a) Assessment.--The Comptroller General shall assess the basic
science research needs in the border and maritime security domain. The
assessment shall include consideration of the need for research on--
(1) detection, tracking, and identification technologies
for cargo and people;
(2) personal protective equipment;
(3) document security and authentication technologies;
(4) nonradiological advanced screening technologies at
ports of entry; and
(5) technologies for real time tactical scene awareness.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Comptroller General shall transmit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the assessment under subsection (a).
SEC. 6. INCORPORATING UNMANNED AERIAL VEHICLES INTO BORDER/MARITIME
AIRSPACE.
(a) Research and Development.--Using amounts made available under
section 307 of the Homeland Security Act of 2002 (6 U.S.C. 187), the
Secretary of Homeland Security and the Director of the Joint Planning
and Development Office shall continue to research and develop
technologies to permit routine operation of unmanned aerial vehicles,
including autonomously piloted drones, within the national airspace for
border and maritime security missions without any degradation of
existing levels of safety for all national airspace system users.
(b) Pilot Projects.--The Secretary shall coordinate with the
Administrator of the Federal Aviation Administration acting through the
Director of the Joint Planning and Development Office to enter into
pilot projects in designated test ranges in sparsely populated, low-
density air traffic airspace to conduct research, experiments, and data
collection in order to accelerate the safe integration of unmanned
aircraft systems into the national airspace system as part of research
activities of the Joint Planning and Development Office.
SEC. 7. RESEARCH PROGRAM IN TUNNEL DETECTION.
(a) Research and Development.--Using amounts made available under
section 307 of the Homeland Security Act of 2002 (6 U.S.C. 187), the
Under Secretary shall continue to research and develop technologies to
permit detection of near surface voids, such as tunnels, with an
emphasis on technologies with real time capability.
(b) Coordination.--The Secretary of Homeland Security shall
coordinate with other appropriate Federal agencies, including the
Department of Defense and the United States Geological Survey, and
ensure the integration of activities under subsection (a) with relevant
efforts of such other agencies and the Department of Homeland
Security's Centers of Excellence Program.
SEC. 8. RESEARCH IN ANTICOUNTERFEIT TECHNOLOGIES.
(a) Research and Development.--Using amounts made available under
section 307 of the Homeland Security Act of 2002 (6 U.S.C. 187), the
Under Secretary, in coordination with the Director of the National
Institute of Standards and Technology, shall continue a joint research
and development program on anticounterfeit technologies and standards.
The program may include development of counterfeit-resistant
documentation, counterfeit-resistant devices, document validation
technologies, and document identification standards.
(b) Consultation.--In carrying out the program in subsection (a),
the Under Secretary or his designee shall consult with other Federal
agencies engaged in similar activities, including Immigration and
Customs Enforcement, the Department of State, the Department of
Defense, and the Department of Justice.
(c) Report to Congress.--Not later than 12 months after the date of
enactment of this Act, the Under Secretary and the Director of the
National Institute of Standards and Technology shall provide to the
Committee on Homeland Security and the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee on
Homeland Security and Government Affairs of the Senate, a report
detailing the actions taken by the Under Secretary and the Director
under this section.
SEC. 9. STUDY OF MOBILE BIOMETRIC TECHNOLOGIES AT THE BORDER.
(a) In General.--Using amounts made available under section 307 of
the Homeland Security Act of 2002 (6 U.S.C. 187), the Under Secretary,
in coordination with the Commissioner of United States Customs and
Border Protection, shall continue research on the use of mobile
biometric technology at the Nation's borders between the ports of
entry, including--
(1) conducting an analysis of existing mobile biometric
technologies and the extent to which they can be deployed in
Border Patrol agents' vehicles and used at the border, in terms
of operability, reliability, cost, and overall benefit to
border operations;
(2) undertaking an examination of the potential end-user
requirements of mobile biometric technology by the Border
Patrol and other relevant end-users;
(3) developing recommendations for addressing capability
gaps in mobile biometric technologies; and
(4) examining the feasibility of implementing a pilot
program for use of mobile biometric technologies at the border.
(b) Consultation.--In conducting the research program under
subsection (a), the Under Secretary shall consult the National
Institute of Standards and Technology, other appropriate Federal
agencies, and appropriate Federal, State, and local law enforcement
officials.
(c) Coordination.--The Secretary shall ensure that the research
program is coordinated with other biometric identification programs
within the Department of Homeland Security.
(d) Report.--Not later than 12 months after the date of enactment
of this Act, the Under Secretary shall transmit to Congress a report on
the findings of the research program conducted under this section. | Border Security Technology Innovation Act of 2011 - Directs the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) to ensure that any federal government interagency or intra-agency agreement entered into by the Under Secretary to develop and transition new technology explicitly characterizes the requirements, expected use, and concept of operations for that technology.
Changes the termination date for DHS's Homeland Security Science and Technology Advisory Committee to December 31, 2014.
Directs the Comptroller General to assess the basic science research needs in the border and maritime security domain.
Requires: (1) the Secretary of DHS and the Director of the Joint Planning and Development Office to continue to research and develop technologies to permit routine operation of unmanned aerial vehicles, including autonomously piloted drones, within the national airspace for border and maritime security missions without any degradation of existing levels of safety for all national airspace system users; (2) the Secretary to coordinate with the Director to enter into pilot projects in designated test ranges in sparsely populated, low-density air traffic airspace to conduct research, experiments, and data collection in order to accelerate the safe integration of unmanned aircraft systems into the national airspace system as part of that Office's research activities; (3) the Under Secretary to continue to research and develop technologies to permit detection of near surface voids, such as tunnels, with an emphasis on technologies with real time capability; and (4) the Secretary to coordinate with other federal agencies and ensure the integration of such activities with relevant efforts of such other agencies and DHS's Centers of Excellence Program.
Directs the Under Secretary, in coordination with: (1) the Director of the National Institute of Standards and Technology, to continue a joint research and development program on anti-counterfeit technologies and standards; and (2) the Commissioner of United States Customs and Border Protection (CBP), to continue research on the use of mobile biometric technology at the nation's borders between the ports of entry. | {"src": "billsum_train", "title": "To provide for the next generation of border and maritime security technologies."} | 1,527 | 418 | 0.662216 | 2.051097 | 0.89386 | 6.557592 | 3.552356 | 0.960733 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ninth Circuit Court of Appeals
Reorganization Act of 1997''.
SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS.
Section 41 of title 28, United States Code, is amended--
(1) in the matter before the table, by striking
``thirteen'' and inserting ``fourteen'';
(2) in the table, by striking the item relating to the
ninth circuit and inserting the following new item:
``Ninth........................
Arizona, California, Hawaii,
Nevada, Guam, Northern
Mariana Islands.'';
and
(3) between the last 2 items of the table, by inserting the
following new item:
``Twelfth......................
Alaska, Idaho, Montana, Oregon,
Washington.''.
SEC. 3. NUMBER OF CIRCUIT JUDGES.
The table in section 44(a) of title 28, United States Code, is
amended--
(1) by striking the item relating to the ninth circuit and
inserting the following new item:
``Ninth..................................................... 19'';
and
(2) by inserting between the last 2 items at the end
thereof the following new item:
``Twelfth................................................... 7''.
SEC. 4. PLACES OF CIRCUIT COURT.
The table in section 48 of title 28, United States Code, is
amended--
(1) by striking the item relating to the ninth circuit and
inserting the following new item:
``Ninth........................
San Francisco, Los Angeles.'';
and
(2) by inserting between the last 2 items at the end
thereof the following new item:
``Twelfth......................
Portland, Seattle.''.
SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES.
Each circuit judge in regular active service of the former ninth
circuit whose official station on the day before the effective date of
this Act--
(1) is in Arizona, California, Hawaii, Nevada, Guam, or the
Northern Mariana Islands is assigned as a circuit judge of the
new ninth circuit; and
(2) is in Alaska, Idaho, Montana, Oregon, or Washington is
assigned as a circuit judge of the twelfth circuit.
SEC. 6. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.
Each judge who is a senior judge of the former ninth circuit on the
day before the effective date of this Act may elect to be assigned to
the new ninth circuit or to the twelfth circuit and shall notify the
Director of the Administrative Office of the United States Courts of
such election.
SEC. 7. SENIORITY OF JUDGES.
The seniority of each judge--
(1) who is assigned under section 5 of this Act; or
(2) who elects to be assigned under section 6 of this Act;
shall run from the date of commission of such judge as a judge of the
former ninth circuit.
SEC. 8. APPLICATION TO CASES.
The provisions of the following paragraphs of this section apply to
any case in which, on the day before the effective date of this Act, an
appeal or other proceeding has been filed with the former ninth
circuit:
(1) If the matter has been submitted for decision, further
proceedings in respect of the matter shall be had in the same
manner and with the same effect as if this Act had not been
enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which it
would have gone had this Act been in full force and effect at
the time such appeal was taken or other proceeding commenced,
and further proceedings in respect of the case shall be had in
the same manner and with the same effect as if the appeal or
other proceeding had been filed in such court.
(3) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this Act,
or submitted before the effective date of this Act and decided
on or after the effective date as provided in paragraph (1) of
this section, shall be treated in the same manner and with the
same effect as though this Act had not been enacted. If a
petition for rehearing en banc is granted, the matter shall be
reheard by a court comprised as though this Act had not been
enacted.
SEC. 9. DEFINITIONS.
For purposes of this Act, the term--
(1) ``former ninth circuit'' means the ninth judicial
circuit of the United States as in existence on the day before
the effective date of this Act;
(2) ``new ninth circuit'' means the ninth judicial circuit
of the United States established by the amendment made by
section 2(2) of this Act; and
(3) ``twelfth circuit'' means the twelfth judicial circuit
of the United States established by the amendment made by
section 2(3) of this Act.
SEC. 10. ADMINISTRATION.
The court of appeals for the ninth circuit as constituted on the
day before the effective date of this Act may take such administrative
action as may be required to carry out this Act. Such court shall cease
to exist for administrative purposes on July 1, 1999.
SEC. 11. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
on October 1, 1997. | Ninth Circuit Court of Appeals Reorganization Act of 1997 - Divides the current U.S. Court of Appeals for the ninth circuit into the following two circuits: (1) the ninth circuit composed of Arizona, California, Hawaii, Nevada, Guam, and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the twelfth circuit, composed of Alaska, Idaho, Montana, Oregon, and Washington, consisting of seven judges, and holding regular sessions in Portland and Seattle.
Assigns circuit judges of the former ninth circuit to either of the two new circuits based upon their official station, with senior judges permitted election of assignment. | {"src": "billsum_train", "title": "Ninth Circuit Court of Appeals Reorganization Act of 1997"} | 1,184 | 151 | 0.534304 | 1.374657 | 0.631064 | 3.082707 | 8.481203 | 0.827068 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tuition Tax Deduction Act of 1995''.
SEC. 2. DEDUCTION FOR TUITION AND FEES FOR UNDERGRADUATE AND
POSTSECONDARY VOCATIONAL EDUCATION.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 220 as
section 221 and by inserting after section 219 the following new
section:
``SEC. 220. TUITION AND FEES FOR UNDERGRADUATE AND POSTSECONDARY
VOCATIONAL EDUCATION.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the qualified educational
expenses paid during the taxable year to one or more eligible
educational institutions for himself, his spouse, or any of his
dependents (as defined in section 152).
``(b) Limitation.--The aggregate payments during the taxable year
for the qualified educational expenses of an individual which may be
taken into account under subsection (a) shall not exceed $5,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified educational expenses.--The term `qualified
educational expenses' means amounts paid for tuition and fees
required for the enrollment or attendance of a student at an
eligible educational institution. In the event an amount paid
for tuition or fees includes an amount for meals, lodging, or
similar expenses which is not separately stated, the portion of
such amount which is attributable to meals, lodging, or similar
expenses shall be determined under regulations prescribed by
the Secretary.
``(2) Eligible educational institution.--
``(A) In general.--Except as provided in
subparagraph (B), the term `eligible educational
institution' has the meaning given to such term by
section 135(c)(3).
``(B) Institutions with excessive tuition increases
not eligible institutions.--An institution shall not be
treated as an eligible educational institution with
respect to any academic year unless such institution
certifies to the Secretary (before the most recent July
1 preceding such academic year) that the percentage
increase in tuition for such academic year will not
exceed the applicable percentage increase in the cost-
of-living.
``(C) Definitions.--For purposes of subparagraph
(B)--
``(i) Percentage increase in tuition.--The
percentage increase in tuition for an academic
year is the percentage (if any) by which the tuition and fees required
for the enrollment or attendance of a student at such institution for
such academic year exceed such tuition and fees for the preceding
academic year.
``(ii) Applicable percentage increase in
cost-of-living.--The applicable percentage
increase in the cost-of-living with respect to
any academic year is the percentage (if any) by
which the CPI for the last calendar year ending
before the beginning of such academic year
exceeds the CPI for the calendar year preceding
such calendar year.
``(iii) CPI for calendar year.--The CPI for
any calendar year is the average of the
Consumer Price Index (as defined in section
1(f)(5)) as of the close of such calendar year.
``(d) Special Rules.--
``(1) Adjustment for certain scholarships and veterans
benefits.--The amounts otherwise taken into account under
subsection (a) as qualified educational expenses of any
individual during any period shall be reduced (before the
application of subsection (b)) by any amounts received by such
individual during such period as--
``(A) a qualified scholarship (within the meaning
of section 117(b)) which under section 117 is not
includible in gross income, or
``(B) an educational assistance allowance under
chapters 32, 34, or 35 of title 38 of the United States
Code.
``(2) Eligible courses.--Amounts paid for qualified
educational expenses of any individual shall be taken into
account under subsection (a) only to the extent such expenses--
``(A) are attributable to courses of instruction
for which credit is allowed toward a recognized degree
by an institution of higher education or toward a
certificate of required course work at a vocational
school, and
``(B) are not attributable to any graduate program
of such individual.
``(3) Individual must be at least half-time student.--No
deduction shall be allowed under subsection (a) for amounts
paid during the taxable year for qualified educational expenses
with respect to any individual unless that individual, during
any 4 calendar months during the calendar year in which the
taxable year of the taxpayer begins, is carrying at least one-
half the normal full-time work load for the course of study the
student is pursuing, as determined by the eligible education
institution.
``(4) Taxpayer who is dependent of another taxpayer.--No
deduction shall be allowed to a taxpayer under subsection (a)
for amount paid for the education of such taxpayer if such
taxpayer is a dependent of another person for a taxable year
beginning in the calendar year in which the taxable year of the
taxpayer begins.
``(5) Spouse.--No deduction shall be allowed under
subsection (a) for amounts paid during the taxable year for
qualified educational expenses for the spouse of the taxpayer
unless--
``(A) the taxpayer is entitled to an exemption for
his spouse under section 151(b) for the taxable year,
or
``(B) the taxpayer files a joint return with his
spouse for the taxable year.
``(e) Coordination With Other Provisions.--This section shall not
apply to any amount which is allowable as a deduction under this
chapter without regard to this section.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the provisions of this
section.''
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (15) the following new paragraph:
``(16) Tuition and related expenses.--The deduction allowed
by section 220.''
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following new items:
``Sec. 220. Tuition and fees for
undergraduate and postsecondary
vocational education.
``Sec. 221. Cross reference.''
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid after December 31, 1995, with respect to
education furnished after such date. | Tuition Tax Deduction Act of 1995 - Amends the Internal Revenue Code to allow an individual a deduction in an amount equal to the qualified education expenses paid for tuition and fees for the taxpayer, spouse, or any dependents to one or more eligible undergraduate and postsecondary vocational schools. Limits the deduction to $5,000. Allows the deduction whether or not the taxpayer itemizes other deductions. | {"src": "billsum_train", "title": "Tuition Tax Deduction Act of 1995"} | 1,505 | 85 | 0.556681 | 1.270641 | 0.833964 | 3.014085 | 19.014085 | 0.929577 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Power for Agriculture
Incentive Program Act of 2008''.
SEC. 2. CREDIT TO FARMERS TO OFFSET HIGH ENERGY COSTS, ENCOURAGE USE OF
RENEWABLE ENERGY, AND REDUCED PRICES TO CONSUMERS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45Q. FARMER'S RENEWABLE ENERGY CREDIT.
``(a) Determination of Credits for 2008.--
``(1) In general.--In the case of the taxpayer's taxable
year which includes December 31, 2008, the farmer's renewable
energy credit determined under this section is an amount equal
to the excessive fuel cost paid or incurred by the taxpayer
during such taxable year for any creditable fuel used by the
taxpayer in the trade or business of farming.
``(2) Excessive fuel cost.--For purposes of this
subsection--
``(A) In general.--The term `excessive fuel cost'
means, with respect to any creditable fuel, the excess
(if any) of--
``(i) the amount paid or incurred by the
taxpayer for such fuel, over
``(ii) the adjusted base price for such
fuel.
``(B) Adjusted base price.--The term `adjusted base
price' means, with respect to any creditable fuel, the
average price for such fuel on September 6, 2004, for
the region in which the taxpayer purchased such fuel
(as determined by Secretary using data of the Energy
Information Agency of the Department of Energy).
``(b) Determination of Credits After 2008.--In the case of any
taxable year of the taxpayer beginning after December 31, 2008--
``(1) In general.--In the case of an eligible taxpayer, the
farmer's renewable energy credit determined under this section
is an amount equal to the product of--
``(A) the annual fuel reduction amount, multiplied
by
``(B) the average fuel price.
``(2) Credit eligibility conditioned on use of prior year
credit.--No credit shall be allowed to any taxpayer under this
subsection, unless the taxpayer demonstrates to the
satisfaction of the Secretary that such taxpayer has used the
credit allowed to the taxpayer under this section for the
preceding taxable year as follows:
``(A) 50 percent of the amount of such credit has
been used to reduce the prices to consumers of the
agricultural commodities produced by the taxpayer in
the trade or business of farming.
``(B) In the case of any creditable fuel other than
electricity, 50 percent of the amount of such credit
has been used to substitute renewable energy for the
fossil fuels used by the taxpayer in the trade or
business of farming.
``(C) In the case of electricity, 50 percent of the
amount of such credit has been used to either--
``(i) substitute electricity produced by
the taxpayer from renewable resources for the
electricity purchased from the grid and used by
the taxpayer in the trade or business of
farming, or
``(ii) decrease the amount of electricity
used by the taxpayer in the trade or business
of farming by increasing efficiency.
``(3) Definitions.--For purposes of this subsection--
``(A) Annual fuel reduction amount.--The term
`annual fuel reduction amount' means, with respect to
any creditable fuel for any taxable year, the excess
of--
``(i) the amount of such creditable fuel
used by the taxpayer in the trade or business
of farming during the preceding taxable year,
over
``(ii) the amount of such creditable fuel
used by the taxpayer in the trade or business
of farming during the taxable year for which
credit is being determined.
``(B) Average fuel price.--The term `average fuel
price' means, with respect to any creditable fuel for
any taxable year, the average price of such fuel during
the calendar year preceding the calendar year in which
the taxable year begins for the region in which the
taxpayer purchased such fuel (as determined by
Secretary using data of the Energy Information Agency
of the Department of Energy).
``(4) Eligible taxpayer.--The term `eligible taxpayer'
means, with respect to any taxable year, any taxpayer who--
``(A) was allowed a credit under this section for
the preceding taxable year, or
``(B) was not engaged in the trade or business of
farming for any preceding taxable year which ended on
or after December 31, 2008.
``(c) Creditable Fuel.--For purposes of this section, the term
`creditable fuel' means any fossil fuel and electricity. This section
shall be applied separately with respect to electricity and with
respect to each type of fossil fuel.
``(d) Termination.--No credit shall be allowed under this section
for any taxable year beginning after December 31, 2013.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (31), by striking the period at the end of paragraph (32)
and inserting ``, plus'', and by adding at the end the following new
paragraph:
``(33) the farmer's renewable energy credit determined
under section 45Q.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45Q. Farmer's renewable energy credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after December 31, 2008. | Renewable Power for Agriculture Incentive Program Act of 2008 - Amends the Internal Revenue Code to allow a business-related tax credit for excessive fuel costs for creditable fuel (i.e., fossil fuel or electricity) used by a taxpayer in the trade or business of farming. Defines "excessive fuel cost" as the excess amount paid for creditable fuel over the adjusted base price for such fuel (the average price for such fuel on September 6, 2004, for the region in which the taxpayer purchased such fuel). Terminates such credit after 2013. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a tax credit to farmers to offest high energy prices, to encourage the use of renewable energy, and to reduce prices to consumers."} | 1,313 | 118 | 0.653109 | 1.588576 | 0.622718 | 4.23301 | 11.728155 | 0.912621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Cheyenne Land Consolidation
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 1877, the United States forcibly relocated members
of the Northern Cheyenne Tribe from the Montana Territory to
Oklahoma;
(2) soon thereafter, in the face of great hardship and
suffering significant loss of life, the Tribe walked back to
the Montana Territory to reclaim the ancestral homeland of the
Tribe;
(3) in 1884, President Arthur established a 371,200-acre
reservation for the Tribe extending eastward from the eastern
boundary of the Crow Indian Reservation to approximately 12
miles east of Rosebud Creek in Montana;
(4) the Tongue River Indian Reservation, as the reservation
was known as at the time of establishment, included within the
boundaries of the Reservation--
(A) tracts occupied legally and illegally by non-
Indian settlers; and
(B) tracts (including the subsurface rights) owned
by the Northern Pacific Railway;
(5) in addition to the Northern Cheyenne individuals living
on the Tongue River Indian Reservation, Northern Cheyenne
families, with encouragement and assistance from the United
States military, settled on land to the east of the Reservation
and on both sides of the Tongue River;
(6) in 1898, at the direction of Congress, the Secretary of
the Interior dispatched Indian Inspector James McLaughlin to
southeastern Montana to report on opportunities for reducing
hostilities between the Northern Cheyenne and non-Indian
settlers;
(7) in 1900, in accordance with the recommendations of
McLaughlin--
(A) President McKinley expanded the Tongue River
Indian Reservation from the Crow Indian Reservation on
the west to the middle of the Tongue River on the east;
and
(B) Congress appropriated funds--
(i) to purchase settler land and claims and
the Northern Pacific Railway land within the
expanded Reservation; and
(ii) to relocate to the expanded
reservation 46 Northern Cheyenne families who
had settled on land to the east of the Tongue
River;
(8) however, when McLaughlin negotiated to purchase the
tracts held by the Northern Pacific Railway within the expanded
Northern Cheyenne Reservation, McLaughlin neglected to purchase
the subsurface rights of the Railway in 8 sections totaling
approximately 5,000 acres;
(9) the subsurface rights described in paragraph (8)--
(A) are currently owned by Great Northern
Properties; and
(B) constitute the only subsurface within the
Reservation not owned by the Tribe;
(10) the Tribe asserts that the Tribe retains claims
against the United States arising from the continuing failure
of the United States to acquire the subsurface rights described
in paragraph (8) as directed by Congress;
(11) in 2002, the Tribe brought suit against the Secretary,
asserting that the proposed conveyances of the extensive
Federal coal tracts to the State under the Department of the
Interior and Related Agencies Appropriations Act, 1998 (Public
Law 105-83; 111 Stat. 1543) would violate--
(A) the Federal trust responsibility to the Tribe;
and
(B) several Federal laws;
(12) although the Northern Cheyenne tribal community
chronically suffers harsh economic conditions and severe
deficits in public services and facilities, the community does
not share in any significant portion of the public revenues
generated by surrounding energy development;
(13) subsequently, the Tribe withdrew the 2002 suit against
the United States, with prejudice, based in large part on
commitments that legislation substantially in the form of this
Act (and further legislation providing funding to the Tribe to
address the impacts of coal development in areas adjoining the
Reservation) would be introduced and pursued with support from
the State, Great Northern Properties, and others; and
(14) if the conveyances of mineral rights authorized by
this Act are carried out, the Tribe will waive all legal claims
against the United States arising from the longstanding and
continuing loss to the Tribe of the Reservation mineral rights
owned by Great Northern Properties.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cheyenne tracts.--The term ``Cheyenne tracts'' means
the aggregate tract of land that--
(A) is located in the eastern portion of the State
within the boundaries of the Reservation;
(B) comprises approximately 5,000 acres;
(C) is generally depicted on the map entitled
``Cheyenne Coal Land Conveyance'' and dated April 7,
2010; and
(D) is comprised of land located in--
(i) T. 2 S., R. 44 E., sec. 17;
(ii) T. 2 S., R. 44 E., sec. 19, E\1/2\ and
E\1/2\W\1/2\, Lots 1-4;
(iii) T. 3 S., R. 44 E., sec. 5, S\1/2\ and
S\1/2\N\1/2\, Lots 1-4;
(iv) T. 3 S., R. 44 E., sec. 7, E \1/2\ and
E\1/2\W\1/2\, Lots 1-4;
(v) T. 3 S., R. 44 E., sec. 9, N\1/2\,
SW\1/4\, and W\1/2\SE\1/4\, Lots 2-4;
(vi) T. 3 S., R. 44 E., sec. 17;
(vii) T. 3 S., R. 44 E., sec. 19, E\1/2\
and E\1/2\W\1/2\, Lots 1-4; and
(viii) T. 3 S., R. 44 E., sec. 21, N\1/2\,
SW\1/4\, and SW\1/4\ SE\1/4\, Lots 1 and 2.
(2) Federal tracts.--The term ``Federal tracts'' means the
tracts of land that--
(A) are located in the State;
(B) are located outside of the boundaries of the
Reservation;
(C) consist of approximately 4,500 acres;
(D) are generally depicted on the map entitled
``Federal Coal Land Conveyance'' and dated November 30,
2011; and
(E) are comprised of land located in the following
2 areas:
(i) The area commonly known as ``Bridge
Creek'', which is comprised of land located
in--
(I) T. 3 S., R. 44 E., sec. 26,
S\1/2\;
(II) T. 3 S., R. 44 E., sec. 34;
(III) T. 3 S., R. 45 E., sec. 30,
E\1/2\SW\1/4\ and SE\1/4\, Lots 3-4;
and
(IV) T. 4 S., R. 44 E., sec. 2,
SE\1/4\NW\1/4\ , SW\1/4\NE\1/4\, Lots
2-4.
(ii) The area commonly known as the ``Bull
Mountains'', which is comprised of land located
in--
(I) T. 6 N., R. 27 E., sec. 4, S\1/
2\N\1/2\ and S\1/2\, Lots 1-4;
(II) T. 6 N., R. 27 E., sec. 8;
(III) T. 6 N., R. 27 E., sec. 10;
(IV) T. 6 N., R. 27 E., sec. 14;
and
(V) T. 6 N., R. 27 E., sec. 22,
S\1/2\NW\1/4.\
(3) Great northern properties.--The term ``Great Northern
Properties'' means--
(A) the Great Northern Properties Limited
Partnership, which is a Delaware limited partnership;
and
(B) any successor to the ownership interest of
Great Northern Properties in any coal or iron that
underlies the Cheyenne tracts.
(4) Reservation.--The term ``Reservation'' means the
Northern Cheyenne Reservation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Signal peak energy.--The term ``Signal Peak Energy''
means Signal Peak Energy, LLC, a Delaware limited liability
company.
(7) State.--The term ``State'' means the State of Montana.
(8) Tribe.--The term ``Tribe'' means the Northern Cheyenne
Tribe.
SEC. 4. MINERAL RIGHTS CONVEYANCES.
(a) In General.--Not later than 60 days after the date on which the
Secretary receives all notifications described in subsection (b), the
following shall be completed in a single transaction:
(1) Great Northern Properties shall convey to the Tribe all
mineral interests of Great Northern Properties underlying the
Cheyenne tracts.
(2) The Secretary shall terminate any existing Federal
lease to Signal Peak Energy for the coal underlying the Federal
tracts described in section 3(2)(E)(ii).
(3) The Secretary shall convey to Great Northern Properties
all right, title, and interest of the United States in and to
the coal underlying the Federal tracts.
(b) Notifications.--As a condition of the conveyances authorized
under subsection (a)--
(1) Great Northern Properties and the Tribe shall provide
joint written notification to the Secretary that Great Northern
Properties and the Tribe have agreed on a revenue sharing
formula for all coal produced from the Federal tracts; and
(2) Great Northern Properties and Signal Peak Energy shall
provide joint written notification to the Secretary that Great
Northern Properties and Signal Peak Energy have agreed on terms
and conditions for the lease of coal in the Federal tracts
described in section 3(2)(E)(ii).
(c) Bonus Payments.--All bonus payments required in a Federal lease
sale for coal underlying the Federal tracts described in section
3(2)(E)(ii) shall be retained by the United States and distributed in
accordance with the Mineral Leasing Act (30 U.S.C. 181 et seq.),
regardless of the termination of the lease under subsection (a)(2).
(d) Immunities.--The mineral interests underlying the Cheyenne
tracts conveyed to the Tribe under subsection (a) shall not be subject
to taxation by the State (including any political subdivision of the
State).
(e) Waiver of Legal Claims.--In return for the mineral conveyances
and termination of Federal leases under subsection (a)--
(1) the Tribe shall waive each claim relating to the
failure of the United States to acquire in trust for the Tribe
as part of the Reservation the private mineral interests
underlying the Cheyenne tracts;
(2) Great Northern Properties shall waive any claim against
the United States relating to the value or completion of the
conveyances under this section; and
(3) Signal Peak Energy shall waive any claim against the
United States relating to the terms or termination of the lease
of coal in the Federal tracts described in section 3(2)(E)(ii).
(f) Rescission of Mineral Conveyances.--If any portion of the
mineral conveyances under subsection (a) is invalidated by a Federal
district court, and the judgment of the Federal district court is not
vacated or reversed on appeal--
(1) not later than 1 year after the date on which there is
a final judgment, the Secretary or Great Northern Properties
may rescind completely each mineral conveyance under subsection
(a); and
(2) if the Secretary or Great Northern Properties carries
out the rescission under paragraph (1), the waiver of the Tribe
under subsection (e) shall be considered to be rescinded.
(g) Prohibition of Strip Mining in the Bull Mountains Federal
Tracts.--On completion of the mineral conveyances authorized by
subsection (a), the coal underlying the Bull Mountains Federal tracts
described in section 3(2)(E)(ii) shall not be strip mined.
SEC. 5. SYSTEMATIC SUBSIDENCE EVALUATION REPORT.
(a) In General.--After the completion of the mineral conveyances
authorized under section 4(a), but not later than December 31, 2013,
and every 2 years thereafter, Signal Peak Energy shall, as a condition
of the conveyances, prepare a report on the effects of subsidence in
the Federal tracts described in section 3(2)(E)(ii).
(b) Requirements.--The report prepared under subsection (a) shall,
with respect to the tracts described in subsection (a)--
(1) summarize subsidence monitoring data required by the
State pursuant to the regulatory program that implements an
approved cooperative agreement, as described in section 740.4
of title 30, Code of Federal Regulations (or successor
regulations);
(2) describe the occurrence and severity of cracking,
fissure development, rock toppling, erosion, slope failure,
sloughing, and landslide risks;
(3) describe the potential for subsidence-related surface
hazards for humans, livestock, and wildlife; and
(4) evaluate the accuracy of the predictive subsidence
model applied pursuant to the State regulatory program that
implements an approved cooperative agreement, as described in
section 740.4 of title 30, Code of Federal Regulations (or
successor regulations).
(c) Public Availability.--Signal Peak Energy shall submit to, and
make available for public inspection at, the Montana Department of
Environmental Quality the reports prepared under subsection (a).
SEC. 6. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.
No sums or other benefits provided to the Tribe under this Act
shall result in the reduction or denial of any Federal services,
benefits, or programs to the Tribe or to any member of the Tribe to
which the Tribe or member is entitled or eligible because of--
(1) the status of the Tribe as a federally recognized
Indian tribe; or
(2) the status of the member as a member of the Tribe.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Northern Cheyenne Land Consolidation Act - Directs the Secretary of the Interior, if Great Northern Properties conveys to the Northern Cheyenne Indian Tribe all its mineral interests underlying specified tracts of land in Montana within the Tribe's reservation (the Cheyenne tracts), to convey to Great Northern Properties all interest of the United States to the coal underlying specified federal tracts in Montana outside the Tribe's reservation.
Requires the Secretary to terminate any existing federal lease to Signal Peak Energy for the coal underlying the Bull Mountains portion of those federal tracts.
Conditions these conveyances on: (1) Great Northern Properties and the Tribe agreeing on a revenue sharing formula for all coal produced from the federal tracts, and (2) Great Northern Properties and Signal Peak Energy agreeing on a lease for the coal underlying the Bull Mountains portion of the federal tracts.
Requires the Northern Cheyenne Tribe to waive each legal claim relating to the failure of the United States to acquire in trust for the Tribe the private mineral interests underlying the Cheyenne tracts as part of the Tribe's reservation.
Prohibits the strip mining of the coal under the Bull Mountains portion of the federal tracts on the completion of this Act's mineral conveyances.
Require Signal Peak Energy, as a condition of the conveyances, to report on the effects of subsidence in the Bull Mountains portion of the federal tracts. | {"src": "billsum_train", "title": "A bill to settle claims of the Northern Cheyenne Tribe by authorizing the Secretary of the Interior to convey mineral rights in the State of Montana, and for other purposes."} | 3,108 | 313 | 0.555892 | 1.719788 | 0.672761 | 4.085603 | 10.501946 | 0.933852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrogen Tax Incentives Act of
2007''.
SEC. 2. HYDROGEN INSTALLATION, INFRASTRUCTURE, AND FUEL COSTS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:
``SEC. 30D. HYDROGEN INSTALLATION, INFRASTRUCTURE, AND FUEL COSTS.
``(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 the sum of--
``(1) the hydrogen installation and infrastructure costs
credit determined under subsection (b), and
``(2) the hydrogen fuel costs credit determined under
subsection (c).
``(b) Hydrogen Installation and Infrastructure Costs Credit.--
``(1) In general.--For purposes of subsection (a), the
hydrogen installation and infrastructure costs credit
determined under this subsection with respect to each eligible
hydrogen production and distribution facility of the taxpayer
is an amount equal to--
``(A) 30 percent of so much of the installation
costs which when added to such costs taken into account
with respect to such facility for all preceding taxable
years under this subparagraph does not exceed $200,000,
plus
``(B) 30 percent of so much of the infrastructure
costs for the taxable year as does not exceed $200,000
with respect to such facility, and which when added to
such costs taken into account with respect to such
facility for all preceding taxable years under this
subparagraph does not exceed $600,000.
Nothing in this section shall permit the same cost to be taken
into account more than once.
``(2) Eligible hydrogen production and distribution
facility.--For purposes of this subsection, the term `eligible
hydrogen production and distribution facility' means a hydrogen
production and distribution facility which is placed in service
after December 31, 2008.
``(c) Hydrogen Fuel Costs Credit.--
``(1) In general.--For purposes of subsection (a), the
hydrogen fuel costs credit determined under this subsection
with respect to each eligible hydrogen device of the taxpayer
is an amount equal to the qualified hydrogen expenditure
amounts with respect to such device.
``(2) Qualified hydrogen expenditure amount.--For purposes
of this subsection--
``(A) In general.--The term `qualified hydrogen
expenditure amount' means, with respect to each
eligible hydrogen energy conversion device of the
taxpayer with a production capacity of not more than 25
kilowatts of electricity per year, the lesser of--
``(i) 30 percent of the amount paid or
incurred by the taxpayer during the taxable
year for hydrogen which is consumed by such
device, and
``(ii) $2,000.
In the case of any device which is not owned by the
taxpayer at all times during the taxable year, the
$2,000 amount in subparagraph (B) shall be reduced by
an amount which bears the same ratio to $2,000 as the
portion of the year which such device is not owned by
the taxpayer bears to the entire year.
``(B) Higher limitation for devices with more
production capacity.--In the case of any eligible
hydrogen energy conversion device with a production
capacity of--
``(i) more than 25 but less than 100
kilowatts of electricity per year, subparagraph
(A) shall be applied by substituting `$4,000'
for `$2,000' each place it appears, and
``(ii) not less than 100 kilowatts of
electricity per year, subparagraph (A) shall be
applied by substituting `$6,000' for `$2,000'
each place it appears.
``(3) Eligible hydrogen energy conversion devices.--For
purposes of this subsection--
``(A) In general.--The term `eligible hydrogen
energy conversion device' means, with respect to any
taxpayer, any hydrogen energy conversion device which--
``(i) is placed in service after December
31, 2004, and
``(ii) is wholly owned by the taxpayer
during the taxable year.
If an owner of a device (determined without regard to
this subparagraph) provides to the primary user of such
device a written statement that such user shall be
treated as the owner of such device for purposes of
this section, then such user (and not such owner) shall
be so treated.
``(B) Hydrogen energy conversion device.--The term
`hydrogen energy conversion device' means--
``(i) any electrochemical device which
converts hydrogen into electricity, and
``(ii) any combustion engine which burns
hydrogen as a fuel.
``(d) Reduction in Basis.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this paragraph) result from such expenditure shall be reduced
by the amount of the credit so allowed.
``(e) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to amounts which (but
for subsection (g) would be allowed as a deduction under
section 162 shall be treated as a credit listed in section
38(b) for such taxable year (and not allowed under subsection
(a)).
``(2) Personal credit.--The credit allowed under subsection
(a) (after the application of paragraph (1)) for any taxable
year shall not exceed the excess (if any) of--
``(A) the regular tax liability (as defined in
section 26(b)) reduced by the sum of the credits
allowable under subpart A and sections 27, 30, 30B, and
30C, over
``(B) the tentative minimum tax for the taxable
year.
``(f) Denial of Double Benefit.--The amount of any deduction or
other credit allowable under this chapter for any cost taken into
account in determining the amount of the credit under subsection (a)
shall be reduced by the amount of such credit attributable to such
cost.
``(g) Recapture.--The Secretary shall, by regulations, provided for
recapturing the benefit of any credit allowable under subsection (a)
with respect to any property which ceases to be property eligible for
such credit.
``(h) Election Not To Take Credit.--No credit shall be allowed
under subsection (a) for any property if the taxpayer elects not to
have this section apply to such property.
``(i) Regulations.--The Secretary shall prescribe such regulations
as necessary to carry out the provisions of this section.
``(j) Termination.--This section shall not apply to any costs after
December 31, 2010.''.
(b) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986 is
amended by striking ``plus'' at the end of paragraph (30), by
striking the period at the end of paragraph (31) and inserting
``plus'', and by adding at the end the following new paragraph:
``(32) the portion of the hydrogen installation,
infrastructure, and fuel credit to which section 30D(e)(1)
applies.''.
(2) Section 55(c)(3) of such Code is amended by inserting
``30D(e)(2),'' after ``30C(d)(2),''.
(3) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (36), by striking the period at
the end of paragraph (37) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(38) to the extent provided in section 30D(d).''.
(4) Section 6501(m) of such Code is amended by inserting
``30D(h),'' after ``30C(e)(5),''.
(5) 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 30C the following new item:
``Sec. 30D. Hydrogen installation, infrastructure, and fuel costs.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 2007, in taxable
years ending after such date. | Hydrogen Tax Incentives Act of 2007 - Amends the Internal Revenue Code to allow a tax credit through December 31, 2010, for hydrogen installation and infrastructure costs and hydrogen fuel costs. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to establish the infrastructure foundation for the hydrogen economy, and for other purposes."} | 1,909 | 40 | 0.593423 | 1.389423 | 0.660349 | 2.823529 | 52.058824 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utilizing DNA Technology to Solve
Cold Cases Act of 2011''.
SEC. 2. ENHANCED SEARCHES.
(a) Familial Searches.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Attorney General shall adopt
policies and procedures in accordance with this section to
ensure that--
(A) the Federal Bureau of Investigation may conduct
familial searches for DNA samples collected from crime
scenes in Federal investigations;
(B) subject to paragraph (5), a CODIS State
administrator or State attorney general may request
that the Federal Bureau of Investigation conduct
familial searches for DNA samples collected from crime
scenes in State investigations; and
(C) the privacy interests of persons identified in
familial searches are carefully protected.
(2) Search requirements.--Familial searches conducted by
the Federal Bureau of Investigation under this section shall be
conducted only under the following circumstances:
(A) No identical match for the DNA sample collected
from a crime scene can be identified in the offender
index.
(B) The investigation for which DNA samples are
collected at a crime scene involves one or more of the
following offenses under Federal or State law:
(i) An offense of murder, voluntary
manslaughter, kidnapping, or any attempt to
commit murder, voluntary manslaughter, or
kidnapping.
(ii) A specified offense against a minor
(as such term is defined in section 111(7) of
the Sex Offender Registration and Notification
Act (42 U.S.C. 16911(7))), or an attempt to
commit such a specified offense.
(iii) An offense for which an offender
would be required, under the Sex Offender
Registration and Notification Act (42 U.S.C.
16901 et seq.), to register as a tier III sex
offender (as defined in section 111(4) of such
Act (42 U.S.C. 16911(4))), or an attempt to
commit such an offense.
(3) Requests by states.--A CODIS State administrator or
State attorney general making a request for a familial search
under this section shall--
(A) before making such request, have in place a
written policy that--
(i) establishes the criteria and procedures
for requesting a familial search and for
evaluating a familial match;
(ii) is consistent with any regulations
issued by the Attorney General pursuant to this
section; and
(iii) ensures that the privacy interests of
persons identified in familial searches are
carefully protected; and
(B) each time a familial search request is made,
make such policy available to the Attorney General.
(4) State assurances required.--A CODIS State administrator
or a State attorney general may request from the Federal Bureau
of Investigation familial searches for DNA samples collected
from crime scenes in State investigations only if the
requesting State has provided an assurance to the Attorney
General that--
(A) the requesting State will take such steps as
the Attorney General determines to be necessary and
appropriate to facilitate the investigation of familial
matches from other States; and
(B) the requesting State will investigate possible
familial matches in the State before requesting
assistance from other States.
(5) Reporting of matches.--Any familial match resulting
from a request for a familial search that complies with the
requirements of this section shall be reported to the CODIS
State administrator or State attorney general requesting
information related to such match.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, and annually thereafter, the Attorney General shall submit to
the chair and ranking member of the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of the
Senate a report on compliance with this section. Each such report shall
contain the following information:
(1) The number of familial searches requested by CODIS
State administrators or State attorney generals.
(2) The number of familial searches conducted under this
section.
(3) The number of familial matches found as a result of
such searches.
(4) The status of any case in which such a familial match
was found.
(c) Regulations.--Not later than one year after the date of
enactment of this Act, the Attorney General shall issue regulations to
carry out this section.
(d) Definitions.--In this section:
(1) The term ``CODIS State administrator'' means the
individual designated by a State to coordinate and communicate
with local CODIS administrators in the State and to be
responsible for entering data from the State in the National
DNA Index System, in accordance with the procedures established
by the National DNA Index System Procedures Board and published
by the Federal Bureau of Investigation in the NDIS Policies and
Procedures.
(2) The term ``familial search'' means a search of the
offender index in which a DNA sample from an unknown source
collected from a crime scene is compared to such offender index
to determine if a familial match exists between the DNA profile
contained in such index and the DNA sample collected from the
crime scene.
(3) The term ``familial match'' means a genetic association
determined by the Attorney General to present a high
probability of familial relation between a DNA profile in the
offender index and a DNA sample collected at a crime scene.
(4) The term ``offender index'' means the database
containing information on individuals convicted of sex offenses
and other violent crimes in the National DNA Index System
established under section 210304 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322, 108 Stat.
1796).
(5) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands. | Utilizing DNA Technology to Solve Cold Cases Act of 2011 - Requires the Attorney General to adopt policies and procedures to ensure that: (1) the Federal Bureau of Investigation (FBI) may conduct familial searches for DNA samples collected from crime scenes in federal investigations, (2) a CODIS (Combined DNA Index System) state administrator or a state attorney general may request that the FBI conduct such searches in state investigations, and (3) the privacy interests of persons identified in familial searches are protected. Defines "familial search" as a search of the offender index in the National DNA Index System in which a DNA sample from an unknown source collected from a crime scene is compared to such index to determine if a familial match exists between the DNA profile contained in such index and the DNA sample collected from the crime scene.
Allows FBI familial searches to be conducted only if: (1) no identical match for a DNA sample collected from a crime scene can be identified in the offender index; and (2) the investigation for which DNA samples are collected involves murder, voluntary manslaughter, kidnapping, a sex offense against a minor, or an offense for which an offender would be required to register as a tier III sex offender.
Sets forth requirements for state requests for such searches, including assurances that the requesting state will: (1) take steps to facilitate the investigation of familial matches from other states, and (2) investigate possible familial matches in that state before requesting assistance from other states. | {"src": "billsum_train", "title": "To direct the Attorney General to design and implement a procedure to permit enhanced searches of the National DNA Index System."} | 1,318 | 331 | 0.770671 | 2.608622 | 0.843964 | 4.560137 | 4.151203 | 0.958763 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Governors Island Preservation Act of
2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in August 1776, the fortifications at Governors Island,
New York, provided cover allowing George Washington's
Continental Army to escape a British onslaught during the
Battle of Long Island;
(2) the State of New York, for nominal consideration, ceded
control of Governors Island to the Federal Government in 1800
to provide for the defense of the United States;
(3) during the War of 1812, the combined firepower of
Castle Williams on Governors Island and the Southwest Battery
in Manhattan dissuaded the British from making a direct attack
on New York City, which was the largest city in and principal
seaport of the United States at the time;
(4) in 1901, 4,700,000 cubic yards of fill from the
excavation of the Lexington Avenue Subway in Manhattan were
deposited to increase the area of Governors Island from 90 to
172 acres;
(5) Governors Island played a significant role in the Civil
War, World War I, and World War II, and continued to serve the
United States Army through 1966;
(6) in 1958, the United States District Court for the
Southern District of New York formally ratified the long
possession of Governors Island by the United States through a
condemnation proceeding that required ``just compensation'' of
$1;
(7) in 1966, the Army relocated operations from Governors
Island, and the United States Coast Guard assumed control of
the Island, an action that established an integral component of
the Atlantic coast efforts of the Coast Guard for the following
30 years;
(8) the Admiral's House on Governors Island hosted the
final summit meeting between President Ronald W. Reagan and
Soviet Premier Mikhail S. Gorbachev in December 1988, where the
leaders presented each other with the Articles of Ratification
for the Intermediate Nuclear Forces Treaty;
(9) the Coast Guard ceased operations at Governors Island
in 1997, leaving 225 buildings unoccupied, unused, and exposed
to the harsh elements of New York Harbor;
(10) Castle Williams is named after Lieutenant Colonel
Jonathan Williams, who built the semi-circular ``cheesebox''
fort and later served as the first superintendent of West Point
Military Academy;
(11) the pentagonal Fort Jay, named after John Jay, is the
complement of Fort Wood on nearby Bedloe Island, which serves
as the base of the Statue of Liberty;
(12) Castle Williams and Fort Jay, located within the
Governors Island National Historic Landmark District, and more
than 200 years of contributions to the history of the United
States could be lost if Governors Island were to remain vacant
or be sold to a private entity;
(13) Castle Williams and Fort Jay, key elements of the
Governors Island National Historic Landmark District, are
worthy of continued Federal protection and should be designated
a unit of the National Park System; and
(14) the State of New York and the city of New York have
agreed to a plan to be administered by the Governors Island
Redevelopment Corporation, a subsidiary of the Empire State
Development Corporation, that--
(A) offers what may be the only opportunity to
ensure--
(i) public access to Governors Island;
(ii) the preservation and protection of
historic structures on Governors Island for
future generations; and
(iii) the ability of local elected
officials, local community boards, and
community organizations to participate in the
redevelopment of Governors Island; and
(B) would provide substantial educational and
recreational facilities to the public.
(b) Purposes.--The purposes of this Act are--
(1) to prevent the deterioration of the historic military
buildings on Governors Island in New York Harbor;
(2) to ensure that Castle Williams and Fort Jay are--
(A) retained in Federal ownership;
(B) available for the benefit and inspiration of
the people of the United States; and
(C) afforded protection by the National Park
Service as a unit of the National Park System;
(3) to provide the general public with--
(A) access to Governors Island;
(B) access to open park space to experience the
majestic views of New York Harbor; and
(C) opportunities that illustrate the significant
contributions of Governors Island to the history of the
United States; and
(4) to return to the people of the State of New York
property that the State of New York conveyed to the Federal
Government, for nominal consideration, to provide for the
defense of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) City.--The term ``City'' means the City of New York.
(3) Corporation.--The term ``Corporation'' means Governors
Island Redevelopment Corporation, a subsidiary of the Empire
State Development Corporation governed by a board to be
appointed by the State and the City (or any successor entity).
(4) Management plan.--The term ``management plan'' means
the management plan prepared under section 4(f).
(5) Monument.--The term ``Monument'' means the Governors
Island National Monument established under section 4(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of New York.
SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT.
(a) Establishment.--To preserve for the benefit and inspiration of
the people of the United States as a national monument certain historic
structures and associated land located on Governors Island in New York
Harbor, there is established a unit of the National Park System to be
known as the ``Governors Island National Monument''.
(b) Composition.--
(1) In general.--The Monument shall be comprised of Castle
Williams and Fort Jay, as depicted on the map entitled
``Governors Island National Monument Boundary Map'', numbered
GOIS ____, and dated ____, 2000.
(2) Inclusions.--The Monument shall include--
(A) the land on which Castle Williams and Fort Jay
are situated; and
(B) the land between Castle Williams and Fort Jay;
as depicted on the map described in paragraph (1).
(2) Availability of map.--The map described in paragraph
(1) shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
(c) Transfer.--Not later than 180 days after the date of enactment
of this Act, as part of the overall disposition of Governors Island,
the Administrator shall transfer administrative jurisdiction over the
Monument to the Secretary.
(d) Rights of Access.--
(1) Reservation.--As part of the overall disposition of
Governors Island, the Administrator, subject to agreement by
the Secretary and the Corporation, shall reserve the right of
access for the Secretary to the Monument for purposes of
operating and maintaining the Monument.
(2) Utilities.--The provision of and access to utilities to
the Monument shall be--
(A) determined as part of the disposition of
Governors Island in accordance with the public service
law of the State of New York; and
(B) subject to agreement between the Secretary and
the Corporation.
(e) Administration.--
(1) In general.--On completion of the transfer under
subsection (c), the Monument shall be administered by the
Secretary in accordance with--
(A) this Act; and
(B) laws generally applicable to units of the
National Park System, including--
(i) the Act entitled ``An Act to establish
a National Park Service, and for other
purposes'', approved August 25, 1916 (16 U.S.C.
1 et seq.); and
(ii) the Act entitled ``An Act to provide
for the preservation of historic American
sites, buildings, objects, and antiquities of
national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C.
461 et seq.).
(2) Cooperative agreements.--The Secretary, in consultation
with the Corporation, may consult, and enter into cooperative
agreements, with interested entities and individuals to provide
for the preservation, development, interpretation, and use of
the Monument.
(f) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, in consultation with the Corporation and
other appropriate public and private entities, the Secretary
shall prepare a management plan for the Monument.
(2) Applicable law.--The Secretary shall prepare the
management plan in accordance with--
(A) section 12(b) of the Act entitled ``An Act to
improve the administration of the national park system
by the Secretary of the Interior, and to clarify the
authorities applicable to the system, and for other
purposes'', approved August 18, 1970 (16 U.S.C. 1a-
7(b)); and
(B) other applicable law.
(3) Submission.--On completion of the management plan, the
Secretary shall submit the management plan to--
(A) the Committee on Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out annual operation
and maintenance of the Monument.
SEC. 5. CONVEYANCE OF GOVERNORS ISLAND.
(a) In General.--
(1) Conveyance.--Notwithstanding section 9101 of the
Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670)
or any other provision of law, and except as provided in
paragraphs (2) and (3), not later than 180 days after the date
of enactment of this Act, the Administrator shall convey to the
State of New York, for no consideration, all right, title, and
interest of the United States in and to Governors Island, to be
administered by the Corporation.
(2) Rights of access.--The conveyance under paragraph
(1)(A) shall be subject to the rights of access described in
section 4(d).
(3) Exclusion of monument.--The Monument shall not be
included in the conveyance under paragraph (1)(A).
(b) Use and Redevelopment of Governors Island.--On completion of
the conveyance under subsection (a)(1)(A), any use of the conveyed land
shall be in compliance with--
(1) the New York State Environmental Quality Review Act
(Sections 0101 through 0117 of the Environmental Conservation
Law of New York); and
(2) the document entitled ``Governors Island Preservation
and Design Manual''--
(A) developed by the Administrator in accordance
with--
(i) the National Historic Preservation Act
(16 U.S.C. 470 et seq.); and
(ii) applicable State and local historic
preservation law; and
(B) as approved by the Administrator, State, and
City. | Requires the Secretary of the Interior to: (1) prepare a management plan for the Monument; and (2) submit such plan to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
Authorizes appropriations to carry out annual operation and maintenance.
Directs the Administrator of General Services to convey Governors Island (with the exclusion of the Monument) to New York, subject to specified rights of access.
Requires any use of the conveyed land to be in compliance with: (1) the New York State Environmental Quality Review Act; (2) the Governors Island Preservation and Design Manual. | {"src": "billsum_train", "title": "Governors Island Preservation Act of 2000"} | 2,415 | 134 | 0.384739 | 1.207339 | 0.350133 | 4.087302 | 17.960317 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tropical Forest and Coral
Conservation Reauthorization Act of 2009''.
SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS EXPANDED SCOPE.
(a) In General.--Section 801 of the Tropical Forest Conservation
Act of 1998 (Public Law 87-195; 22 U.S.C. 2151 note) is amended by
striking ``Tropical Forest Conservation Act of 1998'' and inserting
``Tropical Forest and Coral Conservation Act of 2009''.
(b) References.--Any reference in any other provision of law,
regulation, document, paper, or other record of the United States to
the ``Tropical Forest Conservation Act of 1998'' shall be deemed to be
a reference to the ``Tropical Forest and Coral Conservation Act of
2009''.
SEC. 3. EXPANSION OF SCOPE OF ACT TO PROTECT FORESTS AND CORAL REEFS.
(a) In General.--Section 802 of the Tropical Forest and Coral
Conservation Act of 2009 (22 U.S.C. 2431), as renamed by section 2(a),
is amended--
(1) in subsections (a)(1), (a)(6), (a)(7), (b)(1), (b)(3),
and (b)(4), by striking ``tropical forests'' each place it
appears and inserting ``tropical forests and coral reefs and
associated coastal marine ecosystems'';
(2) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``resources,
which are the basis for developing pharmaceutical
products and revitalizing agricultural crops'' and
inserting ``resources''; and
(B) in subparagraph (C), by striking ``far-flung'';
and
(3) in subsection (b)(2)--
(A) by striking ``tropical forests'' the first
place it appears and inserting ``tropical forests and
coral reefs and associated coastal marine ecosystems'';
(B) by striking ``tropical forests'' the second
place it appears and inserting ``areas'';
(C) by striking ``tropical forests'' the third
place it appears and inserting ``tropical forests and
coral reefs and their associated coastal marine
ecosystems''; and
(D) by striking ``that have led to deforestation''
and inserting ``on such countries''.
(b) Amendments Related to Definitions.--Section 803 of such Act (22
U.S.C. 2431a) is amended--
(1) in paragraph (5)--
(A) in the heading, by striking ``tropical forest''
and inserting ``tropical forest or coral reef'';
(B) in the matter preceding subparagraph (A), by
striking ``tropical forest'' and inserting ``tropical
forest or coral reef''; and
(C) in subparagraph (B)--
(i) by striking ``tropical forest'' and
inserting ``tropical forest or coral reef'';
and
(ii) by striking ``tropical forests'' and
inserting ``tropical forests or coral reefs''
(2) by adding at the end the following new paragraphs:
``(10) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft
corals), Gorgonacea (horny corals), Stolonifera
(organpipe corals and others), and Coenothecalia (blue
coral), of the class Anthoza; and
``(B) all species of the order Hydrocorallina (fire
corals and hydrocorals) of the class Hydrozoa.
``(11) Coral reef.--The term `coral reef' means any reef or
shoal composed primarily of coral.
``(12) Associated coastal marine ecosystem.--The term
`associated coastal marine ecosystem' means any coastal marine
ecosystem surrounding, or directly related to, a coral reef and
important to maintaining the ecological integrity of that coral
reef, such as seagrasses, mangroves, sandy seabed communities,
and immediately adjacent coastal areas.''.
SEC. 4. CHANGE TO NAME OF FACILITY.
(a) In General.--Section 804 of the Tropical Forest and Coral
Conservation Act of 2009 (22 U.S.C. 2431b), as renamed by section 2(a),
is amended by striking ``Tropical Forest Facility'' and inserting
``Conservation Facility''.
(b) Conforming Amendments to Definitions.--Section 803(8) of such
Act (22 U.S.C. 2431a(8)) is amended--
(1) in the heading, by striking ``Tropical forest
facility'' and inserting ``Conservation facility''; and
(2) by striking ``Tropical Forest Facility'' both places it
appears and inserting ``Conservation Facility''.
(c) References.--Any reference in any other provision of law,
regulation, document, paper, or other record of the United States to
the ``Tropical Forest Facility'' shall be deemed to be a reference to
the ``Conservation Facility''.
SEC. 5. ELIGIBILITY FOR BENEFITS.
Section 805(a) of the Tropical Forest and Coral Conservation Act of
2009 (22 U.S.C. 2431c(a)), as renamed by section 2(a), is amended by
striking ``tropical forest'' and inserting ``tropical forest or coral
reef''.
SEC. 6. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR
GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT BUYBACKS.
Section 808(a)(5) of the Tropical Forest and Coral Conservation Act
of 2009 (22 U.S.C. 2431f(a)(5)), as renamed by section 2(a), is amended
by adding at the end the following new subparagraph:
``(C) United states government representation on
the administering body.--One or more individuals
appointed by the United States Government may serve in
an official capacity on the administering body that
oversees the implementation of grants arising from a
debt-for-nature swap or debt buyback regardless of
whether the United States is a party to any agreement
between the eligible purchaser and the government of
the beneficiary country.''.
SEC. 7. CONSERVATION AGREEMENTS.
(a) Renaming of Agreements.--Section 809 of the Tropical Forest and
Coral Conservation Act of 2009 (22 U.S.C. 2431g), as renamed by section
2(a), is amended--
(1) in the section heading, by striking ``tropical forest
agreement'' and inserting ``conservation agreement''; and
(2) in subsection (a)--
(A) by striking ``Authority'' and all that follows
through ``(1) In general.--The Secretary'' and
inserting ``Authority.--The Secretary''; and
(B) by striking ``Tropical Forest Agreement'' and
inserting ``Conservation Agreement''.
(b) Elimination of Requirement To Consult With the Enterprise for
the Americas Board.--Such subsection is further amended by striking
paragraph (2).
(c) Role of Beneficiary Countries.--Such section is further
amended--
(1) in subsection (e)(1)(C), by striking ``in exceptional
circumstances, the government of the beneficiary country'' and
inserting ``in limited circumstances, the government of the
beneficiary country when needed to improve governance and
enhance management of tropical forests or coral reefs or
associated coastal marine ecosystems, without replacing
existing levels of financial efforts by the government of the
beneficiary country and with priority given to projects that
complement grants made under subparagraphs (A) and (B)''; and
(2) by amending subsection (f) to read as follows:
``(f) Review of Larger Grants.--Any grant of more than $250,000
from a Fund must be approved by the Government of the United States and
the government of the beneficiary country.''.
(d) Technical and Conforming Amendments.--Such section is further
amended--
(1) in subsection (c)(2)(A)(i), by inserting ``to serve in
an official capacity'' after ``Government'';
(2) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``tropical forests'' and inserting ``tropical
forests and coral reefs and associated coastal marine
ecosystems related to such coral reefs'';
(B) in paragraph (5), by striking ``tropical
forest''; and
(C) in paragraph (6), by striking ``living in or
near a tropical forest in a manner consistent with
protecting such tropical forest'' and inserting
``dependent on a tropical forest or coral reef or an
associated coastal marine ecosystem related to such
coral reef and related resources in a manner consistent
with conserving such resources''.
(e) Conforming Amendments to Definitions.--Section 803(7) of such
Act (22 U.S.C. 2431a(7)) is amended--
(1) in the heading, by striking ``Tropical forest
agreement'' and inserting ``Conservation agreement''; and
(2) by striking ``Tropical Forest Agreement'' both places
it appears and inserting ``Conservation Agreement''.
SEC. 8. CONSERVATION FUND.
(a) In General.--Section 810 of the Tropical Forest and Coral
Conservation Act of 2009 (22 U.S.C. 2431h), as renamed by section 2(a),
is amended--
(1) in the section heading, by striking ``tropical forest
fund'' and inserting ``conservation fund''; and
(2) in subsection (a)--
(A) by striking ``Tropical Forest Agreement'' and
inserting ``Conservation Agreement''; and
(B) by striking ``Tropical Forest Fund'' and
inserting ``Conservation Fund''.
(b) Conforming Amendments to Definitions.--Such Act is further
amended--
(1) in section 803(9) (22 U.S.C. 2431a(9))--
(A) in the heading, by striking ``Tropical forest
fund'' and inserting ``Conservation fund''; and
(B) by striking ``Tropical Forest Fund'' both
places it appears and inserting ``Conservation Fund'';
(2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), by
striking ``Tropical Forest Fund'' and inserting ``Conservation
Fund''; and
(3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), by
striking ``Tropical Forest Fund'' and inserting ``Conservation
Fund''.
SEC. 9. REPEAL OF AUTHORITY OF THE ENTERPRISE FOR THE AMERICAS BOARD TO
CARRY OUT ACTIVITIES UNDER THE TROPICAL FOREST AND CORAL
CONSERVATION ACT OF 2009.
(a) In General.--Section 811 of the Tropical Forest and Coral
Conservation Act of 2009 (22 U.S.C. 2431i), as renamed by section 2(a),
is repealed.
(b) Conforming Amendments.--Section 803 of such Act (22 U.S.C.
2431a), as renamed by section 2(a), is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraphs (5), (6), (7), (8), and (9)
as paragraphs (4), (5), (6), (7), and (8), respectively.
SEC. 10. CHANGES TO DUE DATES OF ANNUAL REPORTS TO CONGRESS.
Section 813 of the Tropical Forest and Coral Conservation Act of
2009 (22 U.S.C. 2431k), as renamed by section 2(a), is amended--
(1) in subsection (a)--
(A) by striking ``(a) In General.--Not later than
December 31'' and inserting ``Not later than April
15'';
(B) by striking ``Facility'' both places it appears
and inserting ``Conservation Facility''; and
(C) by striking ``fiscal year'' both places it
appears and inserting ``calendar year''; and
(2) by striking subsection (b).
SEC. 11. CHANGES TO INTERNATIONAL MONETARY FUND CRITERION FOR COUNTRY
ELIGIBILITY.
Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C.
2430b(a)(5)) is amended--
(1) by striking ``or, as appropriate in exceptional
circumstances,'' and inserting ``or'';
(2) in subparagraph (A)--
(A) by striking ``or in exceptional circumstances,
a Fund monitored program or its equivalent,'' and
inserting ``or a Fund monitored program, or is
implementing sound macroeconomic policies,''; and
(B) by striking ``(after consultation with the
Enterprise for the Americas Board)''; and
(3) in subparagraph (B), by striking ``(after consultation
with the Enterprise for Americas Board)''.
SEC. 12. NEW AUTHORIZATION OF APPROPRIATIONS FOR THE REDUCTION OF DEBT
AND AUTHORIZATION FOR AUDIT, EVALUATION, MONITORING, AND
ADMINISTRATION EXPENSES.
Section 806 of the Tropical Forest and Coral Conservation Act of
2009 (22 U.S.C. 2431d), as renamed by section 2(a), is amended--
(1) in subsection (d), by adding at the end the following
new paragraphs:
``(7) $25,000,000 for fiscal year 2009.
``(8) $30,000,000 for fiscal year 2010.
``(9) $30,000,000 for fiscal year 2011.
``(10) $30,000,000 for fiscal year 2012.''; and
(2) by amending subsection (e) to read as follows:
``(e) Use of Funds To Conduct Program Audits, Evaluations,
Monitoring, and Administration.--Of the amounts made available to carry
out this part for a fiscal year, $300,000 is authorized to be made
available to carry out audits, evaluations, monitoring, and
administration of programs under this part, including personnel costs
associated with such audits, evaluations, monitoring and
administration.''. | Tropical Forest and Coral Conservation Reauthorization Act of 2009 - (Sec. 2) Renames the Tropical Forest Conservation Act of 1998 as The Tropical Forest and Coral Conservation Act of 2009.
(Sec. 3) Includes tropical forests and coral reefs and associated coastal marine ecosystems within the scope of such Act.
Defines "coral" as species of the phylum Cnidaria, including: (1) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthoza; and (2) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa.
Defines "associated coastal marine ecosystem" as any coastal marine ecosystem surrounding, or directly related to, a coral reef and important to maintaining the ecological integrity of that coral reef, such as seagrasses, mangroves, sandy seabed communities, and immediately adjacent coastal areas.
(Sec. 4) Renames the Tropical Forest Facility as the Conservation Facility.
(Sec. 6) Authorizes U.S. government representation on the administering body that oversees the implementation of grants from a debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.
(Sec. 7) Requires U.S. government and beneficiary country government review of Conservation Fund grants in excess of $250,000.
(Sec. 9) Repeals Enterprise of the Americas Board authority to carry out activities under the Act.
(Sec. 10) Changes the due date for the annual Facility report to Congress from December 31 to April 15.
(Sec. 11) Revises country eligibility criteria.
(Sec. 12) Authorizes FY2009-FY2012 appropriations for debt reduction.
Increases annual funds available for program audits and evaluation, and makes such funds available for program monitoring and administration. | {"src": "billsum_train", "title": "A bill to reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2012, to rename the Tropical Forest Conservation Act of 1998 as the \"Tropical Forest and Coral Conservation Act of 2009\", and for other purposes."} | 3,420 | 480 | 0.465742 | 1.499574 | 0.721315 | 4.888601 | 7.186528 | 0.930052 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Hemisphere Drug Policy
Commission Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Substance Abuse and Mental Health
Services Administration's (SAMHSA) National Survey on Drug Use
and Health, in 2008 in the United States, there were an
estimated 25,768,000 users of marijuana, 5,255,000 users of
cocaine, 850,000 users of methamphetamine, and 453,000 users of
heroin.
(2) Nearly 100 percent of the United States cocaine supply
originates in the Andean countries of Bolivia, Colombia, and
Peru and over 90 percent of the United States heroin supply
originates in Colombia and Mexico.
(3) In those countries, the cultivation, production and
trafficking of cocaine and heroin generate violence,
instability and corruption.
(4) In the transit countries of Central America, Mexico,
Venezuela, Ecuador, Haiti, and other Caribbean countries, drug
trafficking is central to the growing strength of organized
criminals to threaten local and national law enforcement,
political institutions, citizen security, rule of law, and
United States security and interests.
(5) Drug-related violence is on the rise in Mexico and
along the United States-Mexico border. 5,661 people died in
Mexico in 2008 alone as a result of drug-related violence. This
is more than double the 2007 total of 2,773.
(6) According to the Department of State's June 2009
Trafficking in Persons report, organized criminal networks in
Mexico also ``traffic Mexican women and girls into the United
States for commercial sexual exploitation''.
(7) Extremist groups and their supporters in the Western
Hemisphere, including the Revolutionary Armed Forces of
Colombia (FARC) and Hezbollah, often use drug trafficking to
finance terrorist activities.
(8) From 1980-2008, United States counternarcotics
assistance from the State and Defense Departments to Latin
America and the Caribbean totaled about $11,300,000,000.
SEC. 3. ESTABLISHMENT OF WESTERN HEMISPHERE DRUG POLICY COMMISSION.
There is established an independent commission to be known as the
``Western Hemisphere Drug Policy Commission'' (in this Act referred to
as the ``Commission'').
SEC. 4. PURPOSE.
The Commission shall review and evaluate United States policy
regarding illicit drug supply reduction and interdiction, with
particular emphasis on international drug policies and programs
directed toward the countries of the Western Hemisphere, along with
foreign and domestic demand reduction policies and programs. The
Commission shall identify policy and program options to improve
existing international and domestic counternarcotics policy.
SEC. 5. DUTIES OF THE COMMISSION.
(a) Review of Illicit Drug Supply Reduction and Demand Reduction
Policies.--The Commission shall conduct a comprehensive review of
United States policy regarding illicit drug supply reduction,
interdiction, and demand reduction policies and shall, at a minimum,
address the following topics:
(1) An assessment of United States international illicit
drug control policies in the Western Hemisphere.
(2) An assessment of drug interdiction efforts, crop
eradication programs, and the promotion of economic development
alternatives to illicit drugs.
(3) The impact of the Andean Counterdrug Initiative (ACI),
the Merida Initiative, the Caribbean Basin Security Initiative,
and other programs in curbing drug production, drug
trafficking, and drug-related violence in the Western
Hemisphere.
(4) An assessment of how to better deploy and employ
available technology to target major drug cartels.
(5) An assessment of efforts to curb the trafficking of
chemical precursors for illicit drugs.
(6) An assessment of how the United States drug
certification process serves United States interests with
respect to United States international illicit drug control
policies.
(7) An assessment of the nature and extent of the United
States population's demand for illicit drugs.
(8) An assessment of United States drug prevention and
treatment programs, including anti-drug coalitions, drug
courts, and programs aimed at preventing recidivism.
(9) An assessment of the extent to which the consumption of
illicit drugs in the United States is driven by individuals
addicted to or abusive of illicit drugs, and the most effective
experiences in the United States and throughout the world in
treating those individuals and reducing the damage to
themselves and to society.
(10) Recommendations on how best to improve United States
policies aimed at reducing the supply of and demand for illicit
drugs.
(11) Assessing the value of supporting relevant government
entities and nongovernmental institutions in other countries of
the Western Hemisphere in promoting the reduction of supply of
and demand for illicit drugs.
(12) An assessment of whether the proper indicators of
success are being used in United States illicit drug control
policy.
(b) Coordination With Governments, International Organizations, and
Nongovernmental Organizations (NGOs) in the Western Hemisphere.--In
conducting the review required under subsection (a), the Commission
shall consult with--
(1) government, academic, and nongovernmental leaders, as
well as leaders from international organizations, from
throughout the United States, Latin America, and the Caribbean;
and
(2) the Inter-American Drug Abuse Control Commission
(CICAD) to examine what changes would increase its
effectiveness.
(c) Report.--
(1) In general.--Not later than 12 months after the first
meeting of the Commission, the Commission shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate, the
Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate, the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the
Senate, the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate, the Secretary of State, the Secretary of Defense, the
Secretary of Health and Human Services, the Attorney General,
and the Director of the Office of National Drug Control Policy
(ONDCP) a report that contains a detailed statement of the
recommendations, findings, and conclusions of the Commission,
including summaries of the input and recommendations of the
leaders and organizations with which is consulted under
subsection (b).
(2) Public availability.--The report required under this
subsection shall be made available to the public.
SEC. 6. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
ten members, to be appointed as follows:
(1) The majority leader and minority leader of the Senate
shall each appoint two members.
(2) The Speaker and the minority leader of the House of
Representatives shall each appoint two members.
(3) The President shall appoint two members.
(b) Appointments.--The Commission may not include Members of
Congress or other currently elected Federal, State, or local government
officials.
(c) Period of Appointment.--Each member shall be appointed for the
life of the Commission. Any vacancies shall not affect the power and
duties of the Commission, but shall be filled in the same manner as the
original appointment.
(d) Date.--Members of the Commission shall be appointed not later
than 30 days after the date of the enactment of this Act.
(e) Initial Meeting and Selection of Chairperson.--Not later than
60 days after the date of the enactment of this Act, the Commission
shall hold an initial meeting to develop and implement a schedule for
completion of the review and report required under section 5. At the
initial meeting, the Commission shall select a Chairperson from among
its members.
(f) Quorum.--Six members of the Commission shall constitute a
quorum.
(g) Travel Expenses.--Members shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code, while away from their
homes or regular places of business in performance of services for the
Commission.
SEC. 7. POWERS.
(a) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(b) Hearings.--The Commission may hold such hearings and undertake
such other activities as the Commission determines necessary to carry
out its duties.
(c) Other Resources.--The Commission shall have reasonable access
to documents, statistical data, and other such information the
Commission determines necessary to carry out its duties from the
Library of Congress, the Office of National Drug Control Policy, the
Department of State, the Department of Health and Human Services, the
Department of Justice, the Drug Enforcement Administration, the
Department of Defense (including the United States Southern Command),
and other agencies of the executive and legislative branches of the
Federal Government. The Chairperson of the Commission shall make
requests for such access in writing when necessary. The General
Services Administration (GSA) shall make office space available for
day-to-day Commission activities and for scheduled Commission meetings.
Upon request, the Administrator of General Services shall provide, on a
reimbursable basis, such administrative support as the Commission
requests to fulfill its duties.
(d) Authority to Use the United States Mails.--The Commission may
use the United States mails in the same manner and under the same
conditions as other departments and agencies of the United States.
(e) Authority to Contract.--Subject to the Federal Property and
Administrative Services Act of 1949, the Commission is authorized to
enter into contracts with Federal and State agencies, private firms,
institutions, and individuals for the conduct of activities necessary
to the discharge of its duties and responsibilities. A contract, lease,
or other legal agreement entered into by the Commission may not extend
beyond the date of termination of the Commission.
SEC. 8. STAFF.
(a) Executive Director.--The Commission shall have a staff headed
by an Executive Director. The Executive Director and such staff as is
needed shall be paid at a rate not more than the rate of pay for level
IV of the Executive Schedule.
(b) Staff Appointment.--With the approval of the Commission, the
Executive Director may appoint such personnel as the Executive Director
determines to be appropriate. The Commission may appoint and fix the
compensation of such other personnel as may be necessary to enable the
Commission to carry out its duties, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no rate of pay fixed under
this subsection may exceed the equivalent of that payable to a person
occupying a position at level V of the Executive Schedule under section
5316 of such title.
(c) Experts and Consultants.--With the approval of the Commission,
the Executive Director may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
(d) Detail of Government Employees.--Upon the request of the
Commission, the head of any Federal agency may detail, without
reimbursement, any of the personnel of such agency to the Commission to
assist in carrying out the duties of the Commission. Any such detail
shall not interrupt or otherwise affect the civil service status or
privileges of the personnel.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated $2,000,000
to carry out this Act.
(b) Availability.--Amounts appropriated pursuant to subsection (a)
shall remain available, without fiscal year limitation, until expended.
SEC. 10. SUNSET.
The Western Hemisphere Drug Policy Commission shall terminate 60
days after the submission to Congress of its report under section 5(c).
Passed the House of Representatives December 8, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Western Hemisphere Drug Policy Commission Act of 2009 - Establishes the Western Hemisphere Drug Policy Commission, which shall: (1) review and evaluate U.S. policy regarding illicit drug supply reduction and interdiction, with particular emphasis on international drug policies and programs directed toward the countries of the Western Hemisphere; (2) review and evaluate foreign and domestic demand reduction policies and programs; and (3) identify policy and program options to improve existing international and domestic counternarcotics policy.
Sets forth Commission duties.
Authorizes appropriations.
Terminates the Commission 60 days after submission of the report required under this Act. | {"src": "billsum_train", "title": "To establish the Western Hemisphere Drug Policy Commission."} | 2,567 | 131 | 0.565248 | 1.658281 | 0.646621 | 4.681416 | 21.353982 | 0.946903 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Pacific Insular
Areas Fisheries Empowerment Act of 1995''.
(b) Reference.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
SEC. 2. FINDINGS, PURPOSES AND POLICY.
(a) Findings.--Section 2(a) (16 U.S.C. 1801(a)) is amended by
adding at the end the following:
``(9) The Pacific Insular Areas of the United States
contain a unique historical, cultural, legal, political, and
geographic circumstance, including the importance of fisheries
resources to their economic growth.''.
(b) Policy.--Section 2(c) (16 U.S.C. 1801) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) to assure that the fishery resources adjacent to
Pacific Insular Areas, including those within the exclusive
economic zone of such areas and any Continental Shelf fishery
resources of such areas, be explored, exploited, conserved, and
managed for the benefit of the people of each such areas.''.
SEC. 3. DEFINITIONS.
Section 3 (16 U.S.C. 1802) is amended by adding at the end the
following new paragraph:
``(34) The term `Pacific Insular Area' means American
Samoa, Guam, or the Commonwealth of the Northern Mariana
Islands.''.
SEC. 4. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS.
(a) Authority for Foreign Fishing Under a Pacific Insular Area
Agreement.--Section 201(a)(1) (16 U.S.C. 1821(a)(1)) is amended to read
as follows:
``(1) is authorized under subsection (b) or (c) or under a
permit issued under section 204(d);''.
(b) Authority To Enter Into a Pacific Insular Areas Agreement.--
Section 202(c)(2) (16 U.S.C. 1822(c)(2)) is amended by inserting before
the period at the end the following: ``or section 204(e)''.
(c) Pacific Insular Area Agreements.--Section 204 (26 U.S.C. 1824)
is amended by adding at the end the following:
``(d) Pacific Insular Areas.--(1) Upon the request of the Governor
of a Pacific Insular Area, the Secretary of State in concurrence with
the Secretary (the appropriate Council, and the Governor of such
Pacific Insular Area) may negotiate and agree to a Pacific Insular Area
Fishery Agreement (in this subsection referred to as a ``PIAFA'') to
authorize foreign fishing within the exclusive economic zone adjacent
to such Insular Area or for Continental Shelf fishery resources beyond
such zone.
``(2) It is the sense of the Congress that the Secretary of State
should not negotiate a PIAFA to authorize foreign fishing within the
exclusive economic zone adjacent to an Insular Area, or Continental
Shelf fishery resources beyond such zone, without the concurrence of
and consultation with the Governor of such Insular Area.
``(3)(A) Fees pursuant to a PIAFA shall be paid to the Treasury of
the Pacific Insular area concerned by the owner or operator of any
foreign fishing vessel for which a permit has been issued pursuant to
this section. The Governor, with the concurrence of the Secretary and
the Secretary of State, shall establish a schedule of reasonable fees
that shall apply nondiscriminatorily to each foreign nation. The
prescription of such fees is not subject to section 9701 of title 31,
United States Code.
``(B) Amounts received by the United States as fees under this
paragraph shall be deposited in the general fund of the treasury of the
Insular Area, and shall be used for fishery conservation and management
purposes.
``(4) Foreign fishing under a PIAFA shall not be subject to
subsections (d) through (g) of section 201 or subsection (i) of section
201.
``(5) A PIAFA shall become effective according to the procedures of
section 203.
``(6) The Secretary of State may not negotiate a PIAFA with a
country that is in violation of a governing international fishery
agreement in effect under this Act.
``(7) This subsection shall not be considered to supersede and
governing international fishery agreement in effect under this Act.''.
SEC. 5. DOMESTIC FEES.
Section 304 (16 U.S.C. 1854) is further amended by adding at the
end the following:
``(h) Pacific Insular Area Fees.--
``(1) The Secretary may enter into a cooperative agreement
with the Governor of a Pacific Insular Area, under which the
Pacific Insular Area may administer a permit system and collect
fees authorized under a fishery management plan for fisheries
in the exclusive economic zone off the Pacific Insular Area
pursuant to section 303(b)(1). A cooperative agreement under
this paragraph may provide that all or part of the fees
collected under the Pacific Insular Area permit system shall be
deposited into the treasury of the affected Pacific Insular
Area and used for fishery conservation and management purposes.
``(2) The Secretary, in concurrence with the Governor of
the Pacific Insular Area, may establish by regulation the level
of any fees which are authorized to be charged. The amount of
any fees collected under this subsection shall be reasonable,
fair, and equitable to all participants in the fisheries. The
prescription of such fees is not subject to section 9701(b) of
title 31, United States Code.''.
SEC. 6. ENFORCEMENT.
Section 311 (16 U.S.C. 1861) is amended by adding at the end the
following new subsection:
``(f) Enforcement in the Insular Areas.--The Secretary, in
consultation with the Governors of the Pacific Insular Areas shall, to
the greatest extent practicable, support cooperative enforcement
agreements between Federal and Pacific Insular Area authorities.''.
SEC. 7. CONFORMING AMENDMENT.
(a) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended by striking
``204(b) or (c)'' and inserting ``204(b), (c), or (e)''.
(b) Section 311(g)(1) (16 U.S.C. 1861(g)(1)) is amended by
inserting after the citation ``201(b) or (c)'' the words ``or section
204(d)''. | Pacific Insular Areas Fisheries Empowerment Act of 1995 - Amends the Magnuson Fishery Conservation and Management Act to declare that it is the policy of the Congress in the Act to assure that fishery resources adjacent to Pacific insular areas (PIAs) be explored, exploited, conserved, and managed for the benefit of the people of each such areas.
Defines "Pacific Insular Area" as American Samoa, Guam, or the Northern Mariana Islands.
Authorizes establishment of a Pacific Insular Area Fishery Agreement to authorize foreign fishing within the exclusive economic zone (EEZ) adjacent to such PIA or for continental shelf fishery resources beyond such zone.
Authorizes a cooperative agreement with the Governor of a PIA under which the PIA may administer a permit system and collect fees authorized under a fishery management plan for fisheries in the EEZ off the PIA.
Mandates support of cooperative enforcement agreements between Federal and PIA authorities. | {"src": "billsum_train", "title": "Pacific Insular Areas Fisheries Empowerment Act of 1995"} | 1,600 | 220 | 0.588931 | 1.66266 | 0.837827 | 4.372781 | 8.100592 | 0.893491 |
SECTION. 1. SHORT TITLE
This Act may be cited as the ``Support for Overseas Cooperative
Development Act''.
SEC. 2. FINDINGS
The Congress makes the following findings:
(1) It is in the mutual economic interest of the United
States and peoples in developing and transitional countries to
promote cooperatives and credit unions.
(2) Self-help institutions, including cooperatives and
credit unions, provide enhanced opportunities for people to
participate directly in democratic decision-making for their
economic and social benefit through ownership and control of
business enterprises and through the mobilization of local
capital and savings and such organizations should be fully
utilized in fostering free market principles and the adoption
of self-help approaches to development.
(3) The United States seeks to encourage broad-based
economic and social development by creating and supporting--
(A) agricultural cooperatives that provide a means
to lift low income farmers and rural people out of
poverty and to better integrate them into national
economies;
(B) credit union networks that serve people of
limited means through safe savings and by extending
credit to families and microenterprises;
(C) electric and telephone cooperatives that
provide rural customers with power and
telecommunications services essential to economic
development;
(D) housing and community-based cooperatives that
provide low income shelter and work opportunities for
the urban poor; and
(E) mutual and cooperative insurance companies that
provide risk protection for life and property to under-
served populations often through group policies.
SEC. 3. GENERAL PROVISIONS.
(a) Declarations of Policy.--The Congress supports the development
and expansion of economic assistance programs that fully utilize
cooperatives and credit unions, particularly those programs committed
to--
(1) international cooperative principles, democratic
governance and involvement of women and ethnic minorities for
economic and social development;
(2) self-help mobilization of member savings and equity,
retention of profits in the community, except those programs
that are dependent on donor financing;
(3) market-oriented and value-added activities with the
potential to reach large numbers of low income people and help
them enter into the mainstream economy;
(4) strengthening the participation of rural and urban poor
to contribute to their country's economic development; and
(5) utilization of technical assistance and training to
better serve the member-owners.
(b) Development Priorities.--Section 111 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151i) is amended by adding at the end the
following: ``In meeting the requirement of the preceding sentence,
specific priority shall be given to the following:
``(1) Agriculture.--Technical assistance to low income
farmers who form and develop member-owned cooperatives for farm
supplies, marketing and value-added processing.
``(2) Financial systems.--The promotion of national credit
union systems through credit union-to-credit union technical
assistance that strengthens the ability of low income people
and micro-entrepreneurs to save and to have access to credit
for their own economic advancement.
``(3) Infrastructure.--The establishment of rural electric
and telecommunication cooperatives for universal access for
rural people and villages that lack reliable electric and
telecommunications services.
``(4) Housing and community services.--The promotion of
community-based cooperatives which provide employment
opportunities and important services such as health clinics,
self-help shelter, environmental improvements, group-owned
businesses, and other activities.''.
SEC. 4. REPORT.
Not later than 6 months after the date of the enactment of this
Act, the Administrator of the United States Agency for International
Development, in consultation with the heads of other appropriate
agencies, shall prepare and submit to Congress a report on the
implementation of section 111 of the Foreign Assistance Act of 1961 (22
U.S.C. 2151i), as amended by section 3 of this Act.
Passed the House of Representatives September 19, 2000.
Attest:
Clerk. | Amends the Foreign Assistance Act of 1961 to provide that, in meeting the goal of strengthening the participation of the rural and urban poor in their country's development through the use of development funds for technical and capital assistance in the development and use of cooperatives in less developed countries, that priority be given to: (1) technical assistance to low income farmers who form and develop member-owned cooperatives for farm supplies, marketing, and value-added processing; (2) the promotion of national credit union technical assistance that strengthens the ability of low income people and micro-entrepreneurs to save and to have access to credit for their own economic advancement; (3) the establishment of rural electric and telecommunication cooperatives for universal access for rural people and villages that lack reliable electric and telecommunications services; and (4) the promotion of community- based cooperatives which provide employment opportunities and important services such as health clinics, self-help shelters, environmental improvements, group-owned businesses, and other activities. | {"src": "billsum_train", "title": "Support for Overseas Cooperative Development Act"} | 828 | 204 | 0.710205 | 2.14822 | 0.982639 | 5.04712 | 4.246073 | 0.95288 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Law Enforcement Assistance Act
of 2001''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the members of the
Board of the Center elected in accordance with the bylaws of
the Center.
(2) Center.--The term ``Center'' means the National Center
for Rural Law Enforcement, a nonprofit corporation located in
Little Rock, Arkansas.
(3) Executive director.--The term ``Executive Director''
means the Executive Director of the Center as appointed in
accordance with the bylaws of the Center.
(4) Institutions of higher education.--The term
``institutions of higher education'' has the meaning given the
term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).
(5) Metropolitan statistical area.--The term ``metropolitan
statistical area'' has the same meaning given the term by the
Bureau of the Census of the Department of Commerce.
(6) Rural area.--The term ``rural area'' means an area that
is located outside of a metropolitan statistical area.
(7) Rural law enforcement agency.--The term ``rural law
enforcement agency'' means a criminal justice or law
enforcement agency that serves a county, parish, city, town,
township, borough, or village that is located in a rural area.
SEC. 3. EDUCATION AND TRAINING PROGRAM GRANTS.
(a) Grant Authority.--The Attorney General shall annually make a
grant to the National Center for Rural Law Enforcement through the
Office of Justice Programs, Bureau of Justice Affairs, if the Executive
Director certifies in writing to the Attorney General that the Center--
(1) is incorporated in accordance with applicable State
law;
(2) is in compliance with the bylaws of the Center;
(3) will use amounts made available under this section in
accordance with subsection (b); and
(4) will not support any political party or candidate for
elected or appointed office.
(b) Uses of Funds.--
(1) Required uses of funds.--The Center shall use amounts
made available under this section to develop an education and
training program for criminal justice or law enforcement
agencies in rural areas and the employees of those agencies,
which shall include--
(A) the development and delivery of management,
forensic and computer education and training, technical
assistance, and practical research and evaluation for
employees of rural law enforcement agencies (including
tribal law enforcement agencies and railroad law
enforcement agencies), including supervisory and
executive managers of those agencies;
(B) conducting research into the causes and
prevention of criminal activity in rural areas,
including the causes, assessment, evaluation, analysis,
and prevention of criminal activity;
(C) the development and dissemination of
information designed to assist States and units of
local government in rural areas throughout the United
States;
(D) the establishment and maintenance of a resource
and information center for the collection, preparation,
and dissemination of information regarding criminal
justice and law enforcement in rural areas, including
programs for the prevention of crime and recidivism;
and
(E) the delivery of assistance, in a consulting
capacity, to criminal justice agencies in the
development, establishment, maintenance, and
coordination of programs, facilities and services,
education, training, and research relating to crime in rural areas.
(2) Permissive uses of funds.--The Center may use amounts
made available under a grant under this section to enhance the
education and training program developed under paragraph (1),
through--
(A) educational opportunities for rural law
enforcement agencies;
(B) the development, promotion, and voluntary
adoption of educational and training standards and
accreditation certification programs for rural law
enforcement agencies and the employees of those
agencies;
(C) grants to, and contracts with, State, and local
governments, law enforcement agencies, public and
private agencies, educational institutions, and other
organizations and individuals to carry out this
paragraph;
(D) the formulation and recommendation of law
enforcement policy, goals, and standards in rural areas
applicable to criminal justice agencies, organizations,
institutions, and personnel; and
(E) coordination with institutions of higher
education for the purpose of encouraging and delivering
programs of study with those institutions for employees
of rural law enforcement agencies.
(c) Powers.--In carrying out subsection (b), the Executive Director
may--
(1) request the head of any Federal department or agency to
detail, on a reimbursable basis, 1 or more employees of the
Federal department or agency to the Center to assist the Center
in carrying out subsection (b), and any such detail shall be
without interruption or loss of civil service status or
privilege;
(2) request the Administrator of the General Services
Administration to provide the Center, on a reimbursable basis,
the administrative support services necessary for the Center to
carry out subsection (b); and
(3) procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates of
compensation established by the Board, but not to exceed the
daily equivalent of the maximum rate of pay payable for a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(d) Reporting Requirements.--The Executive Director shall annually
submit to the Attorney General a report, which shall include--
(1) a description of the education and training program
developed under subsection (b);
(2) the number and demographic representation of
individuals who attended programs sponsored by the Center;
(3) a description of the extent to which resources of other
governmental agencies or private entities were used in carrying
out subsection (b); and
(4) a description of the extent to which contracts with
other public and private entities were used in carrying out
subsection (b).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $13,000,000 for fiscal year 2002; and
(2) such sums as may be necessary for each of fiscal years
2003 through 2007.
SEC. 4. REGIONAL CENTERS.
(a) Establishment.--
(1) In general.--The Center shall establish 8 regional
centers, 1 in each geographic region listed in subsection (b)
that will be under the supervision, direction, and control of
the Center.
(2) Requirement.--The 8 regional centers shall be
established 2 per year during 2002, 2003, 2004, and 2005.
(b) Regions.--For purposes of subsection (a), the regions shall be
as follows:
(1) Region 1.--Region 1 shall be comprised of the following
States--
(A) Connecticut;
(B) Maine;
(C) Massachusetts;
(D) New Hampshire;
(E) New York;
(F) Rhode Island; and
(G) Vermont.
(2) Region 2.--Region 2 shall be comprised of the following
States--
(A) Delaware;
(B) Maryland;
(C) New Jersey;
(D) Ohio;
(E) Pennsylvania;
(F) West Virginia; and
(G) Virginia.
(3) Region 3.--Region 3 shall be comprised of the following
States--
(A) Alabama;
(B) Florida;
(C) Georgia;
(D) Mississippi;
(E) North Carolina; and
(F) South Carolina.
(4) Region 4.--Region 4 shall be comprised of the following
States--
(A) Iowa;
(B) Minnesota;
(C) Nebraska;
(D) North Dakota;
(E) South Dakota; and
(F) Wisconsin.
(5) Region 5.--Region 5 shall be comprised of the following
States--
(A) Arkansas;
(B) Illinois;
(C) Indiana;
(D) Kentucky;
(E) Louisiana;
(F) Michigan;
(G) Missouri; and
(H) Tennessee.
(6) Region 6.--Region 6 shall be comprised of the following
States--
(A) Colorado;
(B) Kansas;
(C) New Mexico;
(D) Oklahoma; and
(E) Texas.
(7) Region 7.--Region 7 shall be comprised of the following
States--
(A) Arizona;
(B) California;
(C) Nevada; and
(D) Utah.
(8) Region 8.--Region 8 shall be comprised of the following
States--
(A) Alaska;
(B) Hawaii;
(C) Idaho;
(D) Montana;
(E) Oregon;
(F) Washington; and
(G) Wyoming.
(c) Funding.--
(1) In general.--All funds for the regional centers shall
be distributed by the Center which shall determine the budget
base of each regional center based upon the budget request
required to be submitted by each regional center under
paragraph (2).
(2) Budget request.--Each regional center shall submit a
budget request to the Center at such time and in such manner as
the Executive Director may reasonably require.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $8,000,000 for fiscal year 2002;
(2) $16,000,000 for fiscal year 2003;
(3) $24,000,000 for fiscal year 2004;
(4) $32,000,000 for fiscal year 2005; and
(5) such sums as may be necessary for each of fiscal years
2006 and 2007. | Rural Law Enforcement Assistance Act of 2001- Directs the Attorney General, through the Office of Justice Programs, Bureau of Justice Affairs, to make a grant annually to the National Center for Rural Law Enforcement (if the Center's Executive Director makes certain certifications) to be used to develop an education and training program for criminal justice or law enforcement agencies in rural areas. Includes among program purposes: (1) the development and delivery of management, forensic, and computer education and training for employees of such agencies; and (2) the delivery of assistance (in a consulting capacity) to criminal justice agencies in the development and coordination of programs, training, and research relating to crime in rural areas.Permits the Center to use grant funds to enhance the program, including: (1) by providing educational opportunities for rural law enforcement agencies; and (2) through coordination with institutions of higher education to encourage and deliver programs of study with those institutions for employees of such agencies.Directs the Center to establish eight regional centers comprised of specified States. Requires that all funds for such regional centers be distributed by, and each regional center submit a budget request to, the Center. | {"src": "billsum_train", "title": "To provide funds to the National Center for Rural Law Enforcement, and for other purposes."} | 1,986 | 236 | 0.676844 | 1.971133 | 0.985284 | 3.951327 | 8.783186 | 0.924779 |
SECTION 1. AUTHORITY FOR STATES TO REGULATE MUNICIPAL SOLID WASTE
GENERATED IN ANOTHER STATE.
(a) Amendment.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following:
``SEC. 4011. AUTHORITY FOR STATES TO REGULATE MUNICIPAL SOLID WASTE
GENERATED IN ANOTHER STATE.
``(a) Definitions.--In this section:
``(1) Affected local government.--The term `affected local
government' means the elected officials of a political
subdivision of a State in which a facility for the treatment,
incineration, or disposal of municipal solid waste is located
(as designated by the State under subsection (d)).
``(2) Affected local solid waste planning unit.--The term
`affected local solid waste planning unit' means a planning
unit, established under State law, that has--
``(A) jurisdiction over the geographic area in
which a facility for the treatment, incineration, or
disposal of municipal waste is located; and
``(B) authority relating to solid waste management
planning.
``(3) Municipal solid waste.--
``(A) In general.--The term `municipal solid waste'
means refuse, and any nonhazardous residue generated
from the combustion of the refuse, generated by--
``(i) the general public;
``(ii) a residential, commercial, or
industrial source (or any combination of the
sources); or
``(iii) a municipal solid waste incinerator
facility.
``(B) Inclusions.--The term `municipal solid waste'
includes refuse that consists of paper, wood, yard
waste, plastic, leather, rubber, or other combustible
or noncombustible material such as metal or glass (or
any combination of the materials).
``(C) Exclusions.--The term `municipal solid waste'
does not include--
``(i) hazardous waste identified under
section 3001;
``(ii) waste resulting from an action taken
under section 104 or 106 of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604, 9606);
``(iii) material collected for the purpose
of recycling or reclamation;
``(iv) waste generated in the provision of
service in interstate, intrastate, foreign, or
overseas air transportation;
``(v) industrial waste (including debris
from construction or demolition) that is not
identical to municipal solid waste in
composition and physical and chemical
characteristics or that is not collected and
disposed of with other municipal solid waste
collection services; or
``(vi) medical waste that is segregated
from municipal solid waste.
``(b) Authority To Regulate.--
``(1) In general.--Each State is authorized to enact and
enforce a State law that regulates the treatment, incineration,
and disposal of municipal solid waste generated in another
State.
``(2) Authorities.--A State law described in paragraph (1)
may include provisions for--
``(A) the imposition of a ban or limit on the
importation of municipal solid waste generated outside
the State; and
``(B) the collection of differential fees or other
charges for the treatment, incineration, or disposal of
municipal solid waste generated in another State.
``(c) Local Government Approval.--
``(1) In general.--Except as provided in paragraph (2) or
as provided under State law, the owner or operator of a
landfill, incinerator, or other waste disposal facility in a
State may not accept for treatment, incineration, or disposal
any municipal solid waste generated outside the State unless
the owner or operator has obtained a written authorization to
accept the waste from--
``(A) the affected local government; and
``(B) any affected local solid waste planning unit
established under State law.
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply
with respect to an owner or operator of a landfill,
incinerator, or other waste disposal facility that--
``(i) otherwise complies with all
applicable laws of the State in which the
facility is located relating to the treatment,
incineration, or disposal of municipal solid
waste; and
``(ii) before the date of enactment of this
section, accepted for treatment, incineration,
or disposal municipal solid waste generated
outside the State.
``(B) Existing authorizations.--An owner or
operator of a facility described in paragraph (1) that,
before the date of enactment of this section, obtained
a written authorization from--
``(i) the appropriate official of a
political subdivision of the State (as
determined by the State); and
``(ii) any affected local solid waste
planning unit established pursuant to the law
of the State;
to carry out the treatment, incineration, or disposal
of municipal solid waste generated outside the State
shall, during the period of authorization, be
considered to be in compliance with the requirements of
paragraph (1).
``(C) Facilities under construction.--If, before
the date of enactment of this section, an appropriate
political subdivision of a State (as determined by the
State) and any affected local solid waste planning unit
established under the law of the State issued a written
authorization for a facility that is under
construction, or is to be constructed, to accept for
treatment, incineration, or disposal municipal solid
waste generated outside the State, the owner or
operator of the facility, when construction is
completed, shall be considered to be in compliance with
paragraph (1) during the period of authorization.
``(3) Expansion of facilities.--An owner or operator that
expands a landfill, incinerator, or other waste disposal
facility shall be required to obtain the authorizations
required under paragraph (1) before accepting for treatment,
incineration, or disposal municipal solid waste that is
generated outside the State.
``(4) Procedure.--Before taking formal action with respect
to an authorization to receive municipal solid waste or
incinerator ash generated outside the State, the affected local
government and the affected local solid waste planning unit
shall--
``(A) require from the owner or operator of the
facility seeking the authorization and make readily
available to the Governor, adjoining Indian tribes, and
other interested persons for inspection and copying--
``(i) a brief description of the planned
facility, including a description of the
facility size, ultimate waste capacity, and
anticipated monthly and yearly waste quantity
to be handled;
``(ii) a map of the facility that
discloses--
``(I) the location of the facility
in relation to the local road system
and topographical and hydrological
features; and
``(II) any buffer zones and
facility units that are to be acquired
by the owner or operator of the
facility;
``(iii) a description of the then-current
environmental characteristics of the facility,
including information regarding--
``(I) ground water resources; and
``(II) alterations that may be
necessitated by or occur as a result of
operation of the facility;
``(iv) a description of--
``(I) appropriate environmental
controls to be used at the facility,
including run-on or runoff management,
air pollution control devices, source
separation procedures, methane
monitoring and control, landfill
covers, liners, leachate collection
systems, and monitoring and testing
programs; and
``(II) any waste residuals
generated by the facility, including
leachate or ash, and the planned
management of the residuals;
``(v) a description of the site access
controls to be employed and roadway
improvements to be made by the owner or
operator and an estimate of the timing and
extent of increased local truck traffic;
``(vi) a list of all required Federal,
State, and local permits required to operate
the landfill and receive waste generated
outside the State;
``(vii) estimates of the personnel
requirements of the facility, including
information regarding the probable skill and
education levels required for jobs at the
facility that distinguishes between employment
statistics for pre-operational levels and those
for post-operational levels;
``(viii)(I) information with respect to any
violations of law (including regulations) by
the owner or operator, or subsidiaries;
``(II) the disposition of enforcement
proceedings taken with respect to the
violations; and
``(III) corrective action and
rehabilitation measures taken as a result of
the proceedings;
``(ix) information required by State law to
be provided with respect to gifts,
contributions, and contracts by the owner or
operator to any elected or appointed public
official, agency, institution, business, or
charity located within the affected local area
to be served by the facility;
``(x) information required by State law to
be provided by the owner or operator with
respect to compliance by the owner or operator
with the State solid waste management plan in
effect under section 4007;
``(xi) information with respect to the
source and amount of capital required to
construct and operate the facility in
accordance with the information provided under
clauses (i) through (vii); and
``(xii) information with respect to the
source and amount of insurance, collateral, or
bond secured by the applicant to meet all
Federal and State requirements;
``(B) provide opportunity for public comment,
including at least 1 public hearing; and
``(C) not less than 30 days before taking formal
action--
``(i) publish notice of the action in a
newspaper of general circulation; and
``(ii) notify the Governor, adjoining local
governments, and adjoining Indian tribes.
``(d) Designation of Affected Local Government.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Governor of each State shall
designate the type of political subdivision of the State that
shall serve as the affected local government for the purpose of
authorizing a facility to accept for treatment, incineration,
or disposal of municipal solid waste generated outside of the
State.
``(2) Failure to designate.--If the Governor of a State
fails to make a designation by the date specified in paragraph
(1), the affected local government shall be the public body
with primary jurisdiction over the land or use of the land on
which the facility is located.''.
(b) Table of Contents.--The table of contents for subtitle D of the
Solid Waste Disposal Act is amended by adding after the item relating
to section 4010 the following:
``Sec. 4011. Authorization for States to regulate municipal solid waste
generated in another State.''. | Amends the Solid Waste Disposal Act to authorize States to enact and enforce laws that regulate the treatment, incineration, and disposal of municipal solid waste generated in another State.
Prohibits owners or operators of landfills, incinerators, or other waste disposal facilities from accepting municipal solid waste generated outside the State unless they have a written authorization from: (1) the affected local government; and (2) any affected local solid waste planning unit.
Exempts from such prohibition owners or operators that: (1) otherwise comply with all State laws relating to the treatment, incineration, or disposal of municipal solid waste; and (2) prior to this Act's enactment, accepted municipal solid waste generated outside the State for such purposes.
Continues the validity of authorizations to conduct such activities that were issued prior to this Act's enactment.
Requires owners or operators who expand landfills, incinerators, or other waste disposal facilities to obtain such authorizations prior to accepting waste generated outside the State.
Provides for disclosure to interested persons of information regarding the facility, environmental controls, required permits, personnel requirements, violations of regulations, and capital and insurance requirements prior to issuance of an authorization by the affected local government and local solid waste planning unit.
Requires each State Governor to designate the type of political subdivision that shall serve as the affected local government with respect to authorizing facilities to accept out-of-State municipal solid waste under this Act. | {"src": "billsum_train", "title": "A bill to amend the Solid Waste Disposal Act to allow States to regulate the disposal of municipal solid waste generated outside the State."} | 2,404 | 312 | 0.606018 | 1.57593 | 0.769258 | 2.967742 | 8.16129 | 0.860215 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Osteoporosis and Related Bone
Diseases Research Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) osteoporosis, or porous bone, is a condition
characterized by an excessive loss of bone tissue and an
increased susceptibility to fractures of the hip, spine, and
wrist;
(2) osteoporosis is a threat to an estimated 25,000,000
Americans, 80 percent of whom are women, many of whose cases go
undiagnosed because the condition develops without symptoms
until a strain, bump, or fall causes a fracture;
(3) between 3 and 4 million Americans have Paget's disease,
osteogenesis imperfecta, hyperparathyroidism, and other related
metabolic bone diseases;
(4) osteoporosis is responsible for 1,500,000 bone
fractures annually, including more than 250,000 hip fractures,
500,000 vertebral fractures, 200,000 fractures of the wrist,
and the remaining fractures at other limb sites;
(5) 1 of every 2 women and 1 of every 8 men over age 50
will develop fractures associated with osteoporosis;
(6) direct medical costs of osteoporosis are estimated to
be $10,000,000,000 annually for the United States, not
including the costs of family care and lost work for
caregivers;
(7) direct medical costs of osteoporosis are expected to
increase precipitously because the proportion of the population
comprised of older persons is expanding and each generation of
older persons tends to have a higher incidence of osteoporosis
than preceding generations;
(8) technology now exists, and new technology is
developing, that will permit early diagnosis and prevention of
osteoporosis as well as management of the condition once it has
developed;
(9) funding for research on osteoporosis and related bone
diseases is severely constrained at key research institutes,
including the National Institute of Arthritis and
Musculoskeletal and Skin Diseases, the National Institute on
Aging, the National Institute of Diabetes and Digestive and
Kidney Diseases, the National Institute of Dental Research, and
the National Institute of Child Health and Human Development;
(10) further research is needed to improve medical
knowledge concerning--
(A) cellular mechanisms related to the processes of
bone resorption and bone formation, and the effect of
different agents on bone remodeling;
(B) risk factors for osteoporosis, including newly
discovered risk factors, risk factors related to groups
not ordinarily studied (such as men and minorities),
risk factors related to genes that help to control
skeletal metabolism, and risk factors relating to the
relationship of aging processes to the development of
osteoporosis;
(C) bone mass measurement technology, including
more widespread and cost-effective techniques for
making more precise measurements and for interpreting
measurements;
(D) calcium (including bioavailability, intake
requirements, and the role of calcium in building
heavier and denser skeletons), and vitamin D and its
role as an essential vitamin in adults;
(E) prevention and treatment, including the
efficacy of current therapies, alternative drug
therapies for prevention and treatment, and the role of
exercise; and
(F) rehabilitation; and
(11) further educational efforts are needed to increase
public and professional knowledge of the causes of, methods for
avoiding, and treatment of osteoporosis.
SEC. 3. OSTEOPOROSIS RESEARCH.
Subpart 4 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285d et seq.) is amended by adding at the end the following
new section:
``SEC. 442A. RESEARCH ON OSTEOPOROSIS AND RELATED DISEASES.
``(a) Expansion of Research.--The Director of the Institute, the
Director of the National Institute on Aging, the Director of the
National Institute of Diabetes and Digestive and Kidney Diseases, the
Director of the National Institute of Dental Research, and the Director
of the National Institute of Child Health and Human Development shall
expand and intensify research on osteoporosis and related bone
diseases. The research shall be in addition to research that is
authorized under any other provision of law.
``(b) Mechanisms for Expansion of Research.--Each of the Directors
specified in subsection (a) shall, in carrying out such subsection,
provide for one or more of the following:
``(1) Investigator-initiated research.
``(2) Funding for investigators beginning their research
careers.
``(3) Mentorship research grants.
``(4) Specialized centers.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $30,000,000 for the National
Institute of Arthritis and Musculoskeletal and Skin Diseases,
$6,500,000 for the National Institute on Aging, $6,500,000 for the
National Institute of Diabetes and Digestive and Kidney Diseases,
$4,000,000 for the National Institute of Dental Research, and
$3,000,000 for the National Institute of Child Health and Human
Development for each of the fiscal years 1997 through 1999, and such
sums as may be necessary for subsequent fiscal years. These funds are
in addition to amounts authorized to be appropriated for biomedical
research relating to osteoporosis and related bone diseases under any
other provision of law.
``(d) Related Bone Diseases Defined.--As used in this section, the
term `related bone diseases' includes--
``(1) Paget's disease, a bone disease characterized by
enlargement and loss of density with bowing and deformity of
the bones;
``(2) osteogenesis imperfecta, a familial disease marked by
extreme brittleness of the long bones;
``(3) hyperparathyroidism, a condition characterized by the
presence of excess parathormone in the body resulting in
disturbance of calcium metabolism with loss of calcium from
bone and renal damage;
``(4) hypoparathyroidism, a condition characterized by the
absence of parathormone resulting in disturbances of calcium
metabolism;
``(5) renal bone disease, a disease characterized by
metabolic disturbances from dialysis, renal transplants, or
other renal disturbances;
``(6) primary or postmenopausal osteoporosis and secondary
osteoporosis, such as that induced by corticosteroids; and
``(7) other general diseases of bone and mineral metabolism
including abnormalities of vitamin D.''. | Osteoporosis and Related Bone Diseases Research Act of 1996 - Amends the Public Health Service Act to require specified institutes of the National Institutes of Health to expand and intensify research on osteoporosis and related bone diseases. Authorizes appropriations. | {"src": "billsum_train", "title": "Osteoporosis and Related Bone Diseases Research Act of 1996"} | 1,430 | 64 | 0.506157 | 1.205258 | 0.778125 | 4.02381 | 30.071429 | 0.880952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Cyberspace and
Cybersecurity Coordination Act of 2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On February 2, 2010, Admiral Dennis C. Blair, the
Director of National Intelligence, testified before the Select
Committee on Intelligence of the Senate regarding the Annual
Threat Assessment of the U.S. Intelligence Community, stating
``The national security of the United States, our economic
prosperity, and the daily functioning of our government are
dependent on a dynamic public and private information
infrastructure, which includes telecommunications, computer
networks and systems, and the information residing within. This
critical infrastructure is severely threatened. . . . We cannot
protect cyberspace without a coordinated and collaborative
effort that incorporates both the US private sector and our
international partners.''.
(2) In a January 2010 speech on Internet freedom, Secretary
of State Hillary Clinton stated: ``Those who disrupt the free
flow of information in our society, or any other, pose a threat
to our economy, our government, and our civil society.
Countries or individuals that engage in cyber attacks should
face consequences and international condemnation. In an
Internet-connected world, an attack on one nation's networks
can be an attack on all. And by reinforcing that message, we
can create norms of behavior among states and encourage respect
for the global networked commons.''.
(3) James Lewis, senior fellow at the Center for Strategic
and International Studies asserts, in Securing Cyberspace for
the 44th Presidency, ``The international aspects of
cybersecurity have been among the least developed elements of
U.S. cybersecurity policy. Given the multinational and global
aspects of network security, this must be remedied, as
energetic engagement could produce real benefits in promoting
U.S. objectives and reducing risk.''.
(4) The 2010 National Broadband Plan of the Federal
Communications Commission recommends that ``[t]he Executive
Branch should develop a coordinated foreign cybersecurity
assistance program to assist foreign countries in the
development of legal and technical expertise to address
cybersecurity.''.
(5) The May 2009 White House Cyberspace Policy Review
asserts ``[t]he Nation also needs a strategy for cybersecurity
designed to shape the international environment and bring like-
minded nations together on a host of issues, such as technical
standards and acceptable legal norms regarding territorial
jurisdiction, sovereign responsibility, and use of force.
International norms are critical to establishing a secure and
thriving digital infrastructure.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) even as the United States and the global system have
become increasingly more dependent on cyberspace for basic and
critical functions and services, a lack of sufficient norms and
principles to govern the international cyberspace environment
has resulted in significant cyber vulnerabilities and the
potential for massive state failure in the event of coordinated
cyber attacks;
(2) the multilateral system has not--
(A) addressed these vulnerabilities in a consistent
or systematic manner; or
(B) established a basic framework of best practices
and governance to address and respond to emerging cyber
threats;
(3) the international community should strongly consider
the utility of negotiating a multilateral framework on
cyberwarfare that would create shared norms for cyber conduct
and head off the potentiality for larger disruptions related to
cyberwarfare;
(4) United States diplomatic engagement towards
international cybersecurity issues--
(A) has been uncoordinated and fragmented; and
(B) has not taken advantage of securing cyberspace
within a multilateral framework;
(5) the Secretary of State, in consultation with other
relevant Federal agencies, should develop and establish a clear
and coordinated strategy for international cyberspace and
cybersecurity engagement, which should--
(A) review and assess existing strategies for
international cyberspace and cybersecurity policy and
engagement;
(B) define short- and long-term objectives for
United States cyberspace and cybersecurity policy;
(C) consider how to support a policy of United
States Government collaboration and coordination with
other countries and organizations in order to bolster
an international framework of cyber norms, governance,
and deterrence;
(D) consider the utility of negotiating a
multilateral framework that would provide
internationally acceptable principles to better
mitigate cyberwarfare, including noncombatants;
(E) share and disseminate relevant threat
information with key stakeholders;
(F) be developed in consultation with other United
States Government agencies with relevant technical
expertise or policy mandates pertaining to cyberspace
and cybersecurity issues; and
(G) draw upon the expertise of technology,
security, and policy experts, private sector actors,
international organizations, and other appropriate
entities.
SEC. 4. COORDINATOR FOR CYBERSPACE AND CYBERSECURITY ISSUES.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) in subsection (e), by striking ``in this paragraph
referred to'' and inserting ``referred to in this subsection'';
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following:
``(g) Cyberspace and Cybersecurity Issues.--
``(1) In general.--There is established within the office
of the Secretary of State a Coordinator for Cyberspace and
Cybersecurity Issues (referred to in this subsection as the
`Coordinator'), who shall be appointed by the President, by and
with the advice and consent of the Senate.
``(2) Duties.--
``(A) Principal duties.--The Coordinator shall--
``(i) be the principal official within the
senior management of the Department of State
responsible for cyberspace and cybersecurity
issues;
``(ii) be the principal advisor to the
Secretary of State on international cyberspace
and cybersecurity issues;
``(iii) report directly to the Secretary of
State; and
``(iv) perform such duties and exercise
such powers as the Secretary of State shall
prescribe.
``(B) Additional duties.--In addition to the duties
described in subparagraph (A), the Coordinator shall--
``(i) provide strategic direction and
coordination for United States Government
policy and programs aimed at addressing and
responding to cyberspace and cybersecurity
issues overseas, especially in relation to
issues that affect United States foreign policy
and related national security concerns;
``(ii) coordinate with relevant Federal
departments and agencies, including the
Department of Homeland Security, the Department
of Defense, the Department of the Treasury, the
Department of Justice, the Department of
Commerce, and the intelligence community to
develop interagency plans regarding
international cyberspace and cybersecurity
issues;
``(iii) provide a focal point for the
private sector to coordinate on international
cyberspace and cybersecurity issues; and
``(iv) build multilateral cooperation to
develop international norms, common policies,
and responses to secure the integrity of
cyberspace.
``(3) Rank and status of ambassador.--The Coordinator shall
have the rank and status of Ambassador at Large.
``(4) Country and regional cyberspace and cybersecurity
policy coordinators.--The Secretary of State, in consultation
with the heads of other relevant Federal agencies and in
coordination with the relevant Chief of Mission, should
designate an employee to have primary responsibility for
matters relating to cyberspace and cybersecurity policy in each
country or region that the Secretary considers significant with
respect to efforts of the United States Government to combat
cybersecurity globally.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act. | International Cyberspace and Cybersecurity Coordination Act of 2010 - Amends the State Department Basic Authorities Act of 1956 to establish within the office of the Secretary of State a Coordinator for Cyberspace and Cybersecurity Issues who shall: (1) be the principal official within senior Department management responsible for cyberspace and cybersecurity issues; (2) provide strategic direction and coordination for U.S. policy and programs addressing cyberspace and cybersecurity issues overseas; (3) coordinate with relevant federal departments and agencies and the intelligence community to develop interagency cyberspace and cybersecurity plans; and (4) build multilateral cooperation to develop international policies and responses to secure the integrity of cyberspace.
Urges the Secretary to designate an employee to have primary responsibility for matters relating to cyberspace and cybersecurity policy in each country or region that is significant to U.S. cybersecurity efforts. | {"src": "billsum_train", "title": "A bill to establish within the office of the Secretary of State a Coordinator for Cyberspace and Cybersecurity Issues."} | 1,657 | 172 | 0.532179 | 1.564073 | 0.68067 | 4.483444 | 10.516556 | 0.986755 |
SECTION 1. TEMPORARY INCREASE OF MEDICAID FMAP.
(a) Permitting Maintenance of Fiscal Year 2001 FMAP for Last 3
Calendar Quarters of Fiscal Year 2002.--Notwithstanding any other
provision of law, but subject to subsection (g), if the FMAP determined
without regard to this section for a State for fiscal year 2002 is less
than the FMAP as so determined for fiscal year 2001, the FMAP for the
State for fiscal year 2001 shall be substituted for the State's FMAP
for the second, third, and fourth calendar quarters of fiscal year
2002, before the application of this section.
(b) Permitting Maintenance of Fiscal Year 2002 FMAP for Fiscal Year
2003.--Notwithstanding any other provision of law, but subject to
subsection (g), if the FMAP determined without regard to this section
for a State for fiscal year 2003 is less than the FMAP as so determined
for fiscal year 2002, the FMAP for the State for fiscal year 2002 shall
be substituted for the State's FMAP for each calendar quarter of fiscal
year 2003, before the application of this section.
(c) Permitting Maintenance of Fiscal Year 2003 FMAP for Fiscal Year
2004.--Notwithstanding any other provision of law, but subject to
subsection (g), if the FMAP determined without regard to this section
for a State for fiscal year 2004 is less than the FMAP as so determined
for fiscal year 2003, the FMAP for the State for fiscal year 2003 shall
be substituted for the State's FMAP for each calendar quarter of fiscal
year 2004, before the application of this section.
(d) General 1.50 Percentage Points Increase Through Fiscal Year
2004.--Notwithstanding any other provision of law, but subject to
subsections (g) and (h), for each State for the second, third, and
fourth calendar quarters of fiscal year 2002 and each calendar quarter
of fiscal years 2003 and 2004, the FMAP (taking into account the
application of subsections (a), (b), and (c)) shall be increased by
1.50 percentage points.
(e) Further Increase for States With High Unemployment Rates
Through Fiscal Year 2004.--
(1) In general.--Notwithstanding any other provision of
law, but subject to subsections (g) and (h), the FMAP for a
high unemployment State for the second, third, and fourth
calendar quarters of fiscal year 2002, or any calendar quarter
of fiscal year 2003 or 2004, (and any subsequent such calendar
quarters after the first such calendar quarter for which the
State is a high unemployment State regardless of whether the
State continues to be a high unemployment State for the
subsequent such calendar quarters) shall be increased (after
the application of subsections (a), (b), (c), and (d)) by 1.50
percentage points.
(2) High unemployment state.--
(A) In general.--For purposes of this subsection, a
State is a high unemployment State for a calendar
quarter if, for any 3 consecutive months beginning on
or after June 2001 and ending with the second month
before the beginning of the calendar quarter, the State
has an average seasonally adjusted unemployment rate
that exceeds the average weighted unemployment rate
during such period. Such unemployment rates for such
months shall be determined based on publications of the
Bureau of Labor Statistics of the Department of Labor.
(B) Average weighted unemployment rate defined.--
For purposes of subparagraph (A), the ``average
weighted unemployment rate'' for a period is--
(i) the sum of the seasonally adjusted
number of unemployed civilians in each State
and the District of Columbia for the period;
divided by
(ii) the sum of the civilian labor force in
each State and the District of Columbia for the
period.
(f) Increase in Cap on Medicaid Payments to Territories.--
Notwithstanding any other provision of law, with respect to the second,
third, and fourth calendar quarters of fiscal year 2002, and each
calendar quarter of fiscal years 2003 and 2004, the amounts otherwise
determined for Puerto Rico, the Virgin Islands, Guam, the Northern
Mariana Islands, and American Samoa under section 1108 of the Social
Security Act (42 U.S.C. 1308) shall each be increased by an amount
equal to 6 percentage points of such amounts.
(g) Scope of Application.--The increases in the FMAP for a State
under this section shall apply only for purposes of title XIX of the
Social Security Act and shall not apply with respect to--
(1) disproportionate share hospital payments described in
section 1923 of such Act (42 U.S.C. 1396r-4); or
(2) payments under titles IV and XXI of such Act (42 U.S.C.
601 et seq. and 1397aa et seq.).
(h) State Eligibility.--A State is eligible for an increase in its
FMAP under subsection (d) or (e) or an increase in a cap amount under
subsection (f) only if the eligibility under its State plan under title
XIX of the Social Security Act (including any waiver under such title
or under section 1115 of such Act (42 U.S.C. 1315)) is no more
restrictive than the eligibility under such plan (or waiver) as in
effect on October 1, 2001.
(i) Definitions.--In this section:
(1) FMAP.--The term ``FMAP'' means the Federal medical
assistance percentage, as defined in section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)).
(2) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.). | Declares that, if the Federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act (SSA) for a State for FY 2002 is less than the FMAP for FY 2001, the FY 2001 FMAP shall be substituted for the State's FMAP for the last three calendar quarters of FY 2002. Declares similarly that: (1) if a State's FY 2003 FMAP is less than the FY 2002 FMAP, the FY 2002 FMAP shall be substituted for each calendar quarter of FY 2003; and (2) if a State's FY 2004 FMAP is less than the FY 2003 FMAP, the FY 2003 FMAP shall be substituted for each calendar quarter of FY 2004.Requires each eligible State for each calendar quarter for the last three calendar quarters of FY 2002 and each calendar quarter for FY 2003 through FY 2004 to be increased by 1.5 percentage points. Mandates specified FMAP increases for States with high unemployment rates, and a specified Medicaid payment cap increase for territories. Prohibits application of the FMAP increases for a State under this Act with respect to: (1) disproportionate share hospital payments under Medicaid; and (2) payments under SSA titles IV and XXI (State Children's Health Insurance) (SCHIP). | {"src": "billsum_train", "title": "A bill to temporarily increase the Federal medical assistance percentage for the medicaid program."} | 1,261 | 281 | 0.734698 | 2.190441 | 0.749094 | 2.525424 | 4.822034 | 0.855932 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Land
Assistance, Management and Enhancement Act'' or ``FLAME Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Flame Fund for catastrophic emergency wildland fire suppression
activities.
Sec. 3. Cohesive wildland fire management strategy.
Sec. 4. Review of certain wildfires to evaluate cost containment in
wildland fire suppression activities.
Sec. 5. Reducing risk of wildfires in fire-ready communities.
SEC. 2. FLAME FUND FOR CATASTROPHIC EMERGENCY WILDLAND FIRE SUPPRESSION
ACTIVITIES.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
following:
(A) Public lands, as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702).
(B) Units of the National Park System.
(C) Refuges of the National Wildlife Refuge System.
(D) Lands held in trust by the United States for
the benefit of Indian tribes or individual Indians.
(E) Lands in the National Forest System, as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(2) Flame fund.--The term ``Flame Fund'' means the Federal
Land Assistance, Management, and Enhancement Fund established
by this section.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
Federal land described in subparagraphs (A), (B), (C),
and (D) of paragraph (1); and
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(b) Establishment and Availability of Flame Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the Federal Land
Assistance, Management, and Enhancement Fund.
(2) Contents.--The Flame Fund shall consist of the
following amounts:
(A) Amounts appropriated to the Flame Fund pursuant
to the authorization of appropriations in subsection
(c).
(B) Amounts transferred to the Flame Fund pursuant
to subsection (d).
(3) Availability.--Subject to subsection (e), amounts in
the Flame Fund shall be available to the Secretaries to pay the
costs of catastrophic emergency wildland fire suppression
activities that are separate from amounts annually appropriated
to the Secretaries for the predicted annual workload for
wildland fire suppression activities, based on analyses of
historical workloads and anticipated increased workloads due to
changing environmental or demographic conditions.
(c) Authorization of Appropriations.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Flame Fund such amounts as may be
necessary to carry out this section. It is the intent of
Congress that the amount appropriated to the Flame Fund for
fiscal year 2010 and each fiscal year thereafter should be not
less than the average amount expended by the Secretaries for
emergency wildland fire suppression activities over the five
fiscal years preceding that fiscal year.
(2) Sense of congress on designation of flame fund
appropriations as emergency requirement.--It is the sense of
Congress that--
(A) the amounts appropriated to the Flame Fund
should be designated as amounts necessary to meet
emergency needs; and
(B) the new budget authority and outlays resulting
therefrom should not count for the purposes of titles
III and IV of the Congressional Budget Act of 1974.
(3) Notice of insufficient funds.--The Secretaries shall
notify the congressional committees specified in subsection
(h)(2) whenever only an estimated two months worth of funding
remains in the Flame Fund.
(d) Transfer of Excess Wildland Fire Suppression Amounts Into Flame
Fund.--At the end of each fiscal year, the Secretary concerned shall
transfer to the Flame Fund amounts appropriated to the Secretary
concerned for wildland fire suppression activities for the fiscal year,
but not obligated for wildland fire suppression activities before the
end of the fiscal year.
(e) Use of Flame Fund.--
(1) Declaration required.--Amounts in the Flame Fund shall
be made available to the Secretary concerned only after the
Secretaries issue a declaration that a wildland fire
suppression activity is eligible for funding from the Flame
Fund.
(2) Declaration criteria.--A declaration by the Secretaries
under paragraph (1) shall be based on the following criteria:
(A) In the case of an individual wildland fire
incident--
(i) the fire covers 300 or more acres;
(ii) the severity of the fire, which may be
based on incident complexity or the potential
for increased complexity; and
(iii) the threat posed by the fire,
including the potential for loss of lives,
property, or critical resources.
(B) Consistent with subsection (f), in the case of
a firefighting season, when the cumulative costs of
wildland fire suppression activities for the Secretary
concerned are projected to exceed amounts annually
appropriated for such activities.
(3) Transfer of amounts to secretary concerned.--After
issuance of a declaration under paragraph (1) and upon the
request of the Secretary concerned, the Secretary of the
Treasury shall transfer from the Flame Fund to the Secretary
concerned such amounts as the Secretaries determine are
necessary for wildland fire suppression activities associated
with the declared suppression emergency.
(4) State, private, and tribal land.--Use of the Flame Fund
for catastrophic emergency wildland fire suppression activities
on State and private land and, where applicable, tribal land
shall be consistent with existing agreements where the
Secretaries have agreed to assume responsibility for wildland
fire suppression activities on the land.
(f) Treatment of Anticipated and Predicted Activities.--The
Secretary concerned shall continue to fund anticipated and predicted
wildland fire suppression activities within the appropriate agency
budget for each fiscal year. Use of the additional funding made
available through the Flame Fund is intended to supplement the budgeted
and appropriated agency funding and is to be used only for purposes and
in instances consistent with this section.
(g) Prohibition on Other Transfers.--All amounts in the Flame Fund,
as well as all funds appropriated for the purpose of wildland fire
suppression on Federal land, must be obligated before the Secretary
concerned may transfer funds from non-fire accounts for wildland fire
suppression.
(h) Accounting and Reports.--
(1) Accounting and reporting system.--The Secretaries shall
establish an accounting and reporting system for the Flame Fund
compatible with existing National Fire Plan reporting
procedures.
(2) Annual report; public availability.--The Secretaries
shall submit to the Committee on Natural Resources, the
Committee on Agriculture, and the Committee on Appropriations
of the House of Representatives and the Committee on Energy and
Natural Resources, the Committee on Indian Affairs, and the
Committee on Appropriations of the Senate an annual report on
the use of the funds from the Flame Fund, together with any
recommendations that the Secretaries may have to improve the
administrative control and oversight of the Flame Fund. The
annual report shall be made available to the public.
(3) Estimates of wildfire suppression costs to improve
budgeting and funding.--
(A) Periodic estimates.--Consistent with the
schedule provided in subparagraph (B), the Secretaries
shall submit to the committees specified in paragraph
(2) an estimate of anticipated wildfire suppression
costs for the current fiscal year and the following
fiscal year. The methodology for developing the
estimates shall be subject to periodic peer review to
ensure compliance with subparagraph (C).
(B) Submission schedule.--The Secretaries shall
submit an estimate under subparagraph (A) during--
(i) the first week of February of each
year;
(ii) the first week of April of each year;
(iii) the first week of July of each year;
and
(iv) if the bill making appropriations for
operations of the Department of the Interior
and the Forest Service for the following fiscal
year has not been enacted by September 1, the
first week of September of each year.
(C) Basis.--An estimate of anticipated wildfire
suppression costs shall be developed using the best
available--
(i) climate, weather, and other relevant
data; and
(ii) models and other analytic tools.
SEC. 3. COHESIVE WILDLAND FIRE MANAGEMENT STRATEGY.
(a) Strategy Required.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture shall submit to Congress a report that
contains a cohesive wildland fire management strategy, consistent with
the recommendations contained in recent Comptroller General reports
regarding this issue.
(b) Elements of Strategy.--The strategy required by subsection (a)
shall address the findings of the Comptroller General in the reports
referred to in such subsection and include the following elements:
(1) A system to identify the most cost effective means for
allocating fire management budget resources.
(2) An illustration of plans by the Secretary of the
Interior and the Secretary of Agriculture to reinvest in non-
fire programs.
(3) A description of how the Secretaries will employ
appropriate management response.
(4) A system for assessing the level of risk to
communities.
(5) A system to ensure that the highest priority fuels
reduction projects are being funded first.
SEC. 4. REVIEW OF CERTAIN WILDFIRES TO EVALUATE COST CONTAINMENT IN
WILDLAND FIRE SUPPRESSION ACTIVITIES.
(a) Review Required.--The Secretary of the Interior and the
Secretary of Agriculture shall conduct a review, using independent
panels, of each wildfire incident for which the Secretary concerned
incurs expenses in excess of $10,000,000.
(b) Report.--The Secretary concerned shall submit to the Committee
on Natural Resources, the Committee on Agriculture, and the Committee
on Appropriations of the House of Representatives and the Committee on
Energy and Natural Resources, the Committee on Indian Affairs, and the
Committee on Appropriations of the Senate a report containing the
results of each review conducted under subsection (a).
SEC. 5. REDUCING RISK OF WILDFIRES IN FIRE-READY COMMUNITIES.
(a) Fire-Ready Community Defined.--In this section, the term
``fire-ready community'' means a community that--
(1) is located within a priority area identified pursuant
to subsection (b);
(2) has a cooperative fire agreement that articulates the
roles and responsibilities for Federal, State and local
government entities in local wildfire suppression and
protection;
(3) has local codes that require fire-resistant home design
and building materials;
(4) has a community wildfire protection plan (as defined in
section 101 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6502)); and
(5) is engaged in a successful collaborative process that
includes multiple interested persons representing diverse
interests and is transparent and nonexclusive, such as a
resource advisory committee established under section 205 of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (Public Law 106-393; 16 U.S.C. 500 note).
(b) Fire Risk Mapping.--As soon as is practicable after the date of
the enactment of this Act, the Secretary of Agriculture and the
Secretary of the Interior (in this section referred to as the
``Secretaries'') shall develop regional maps of communities most at
risk of wildfire and in need of hazardous fuel treatment and
maintenance. The maps shall identify priority areas for hazardous fuels
reduction projects, including--
(1) at-risk communities in fire-prone areas of the
wildland-urban interface (as defined in section 101 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502));
(2) watersheds and municipal drinking water sources;
(3) emergency evacuation corridors;
(4) electricity transmission corridors; and
(5) low-capacity or low-income communities.
(c) Local Wildland Firefighting Capability Grants.--
(1) Grants available.--The Secretaries may provide cost-
share grants to fire-ready communities to assist such
communities in carrying out activities authorized by paragraph
(2).
(2) Eligible activities.--Grant funds may be used for the
following:
(A) Education programs to raise awareness of
homeowners and citizens about wildland fire protection
practices, including FireWise or similar programs.
(B) Training programs for local firefighters on
wildland firefighting techniques and approaches.
(C) Equipment acquisition to facilitate wildland
fire preparedness.
(D) Implementation of a community wildfire
protection plan.
(d) Wildland Fire Cost-Share Agreements.--In developing any
wildland fire cost-share agreement with a State Forester or equivalent
official, the Secretaries shall, to the greatest extent possible,
encourage the State and local communities involved to become fire-ready
communities.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretaries to carry out this section such sums as
may be necessary. | Federal Land Assistance, Management and Enhancement Act or FLAME Act - Establishes in the Treasury the Federal Land Assistance, Management, and Enhancement Fund (Flame Fund). Requires amounts in the Flame Fund to be made available to the Secretary of the Interior and the Secretary of Agriculture (the Secretaries) to pay the costs of catastrophic emergency wildland fire suppression activities that are separate from amounts annually appropriated for the predicted annual workload for such activities.
Makes amounts in the Flame Fund available to the Secretaries only after such Secretaries issue a declaration that a wildland fire suppression activity is eligible for funding through the Fund.
Directs such Secretaries to establish an accounting and reporting system for the Flame Fund.
Requires such Secretaries to: (1) report annually to Congress on the use of the funds from the Flame Fund, together with recommendations to improve administrative control and oversight of the Fund; and (2) submit a report to Congress that contains a cohesive wildland fire management strategy, consistent with the recommendations of Comptroller General reports.
Requires the Secretaries to conduct a review of wildfires for which expenses exceeding $10 million were incurred.
Authorizes the Secretaries to make grants to fire-ready communities, as defined by this Act, to carry out activities to reduce risks from wildfires. | {"src": "billsum_train", "title": "A bill to authorize a supplemental funding source for catastrophic emergency wildland fire suppression activities on Department of the Interior and National Forest System lands, to require the Secretary of the Interior and the Secretary of Agriculture to develop a cohesive wildland fire management strategy, and for other purposes."} | 2,949 | 282 | 0.693961 | 1.950877 | 0.828225 | 4.557377 | 10.991803 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and SSI AIDS
Disability Act of 1993''.
SEC. 2. SPECIFIC ITEMS REQUIRED IN LISTING OF IMPAIRMENTS FOR
EVALUATION OF HUMAN IMMUNODEFICIENCY VIRUS (HIV)
INFECTION.
(a) In General.--The Secretary of Health and Human Services shall
include, in any listing of impairments for the evaluation of human
immunodeficiency virus infection used in making determinations of
disability under title II or XVI of the Social Security Act, in
addition to such other items as the Secretary may include in the
Secretary's discretion, items as specified in paragraphs (1), (2), and
(3) of this subsection.
(1) The Secretary shall include the following among
impairments for which meeting a functional test is not required
in order to support a determination of disability, subject only
to the requirements that a test for human immunodeficiency
virus infection has been administered and that the results of
such test are positive--
(A) pelvic inflammatory disease with three or more
episodes or one or more episodes that require
hospitalization or surgery;
(B) cervical cancer, FIGO stage IB; and
(C) syphilis or neurosyphilis refractory to
appropriate treatment.
(2) The Secretary shall include the following among
impairments for which meeting a functional test is not required
in order to support a determination of disability, but which
must be persistent or resistant to therapy:
(A) pneumonia;
(B) pulmonary tuberculosis;
(C) bacterial or fungal sepsis;
(D) meningitis;
(E) septic arthritis;
(F) endocarditis;
(G) peripheral neuropathy;
(H) Kaposi's sarcoma; and
(I) abscess of an internal body organ or cavity
(excluding otitis media or superficial skin or mucosal
abscesses).
(3) The Secretary shall include the following among
impairments which must last for at least two months and must
exist in combination with one other listed impairment, subject
to the requirement that a functional test be met with respect
to the combination of impairments--
(A) recurrent herpes simplex with lesions which
recur more often than every 8 weeks or which are
incompletely suppressed despite continuous maintenance
therapy;
(B) chronic anemia with persistent hemoglobin of
less than 10.0 or hematocrit of less than 30.0
(regardless of AZT intake) or the need for blood
transfusions more often than twice yearly;
(C) genital warts caused by human papilloma virus
which are unresponsive to therapy; and
(D) chronic genital ulcers which fail to respond to
treatment.
(b) Functional Test Requirements.--
(1) In general.--With respect to any item in a listing of
impairments described in subsection (a) (irrespective of
whether such item is listed in subsection (a) or is otherwise
listed in regulations of the Secretary), any requirement for a
functional test shall be treated as met if one of the following
requirements are met--
(A) a marked restriction of activities of daily
living (evidenced in any case in which the individual
is most of the time unable to perform independently
such daily activities as household chores, grooming and
hygiene, using a post office, taking public
transportation, and paying bills);
(B) marked difficulties in maintaining social
functioning (evidenced in any case in which the
individual is most of the time unable to sustain
interaction and communication);
(C) marked difficulties in completing tasks in a
timely manner due to deficiencies in concentration,
persistence, or pace (evidenced in any case in which
the individual is most of the time unable to sustain
concentration, persistence, or pace to permit timely
completion of tasks commonly found in work settings);
or
(D) repeated episodes of decompensation, averaging
3 times a year or once every 4 months, lasting 2 or
more weeks each, which cause the individual to
deteriorate.
(2) Marked restrictions or difficulties.--For purposes of
subparagraphs (A), (B), and (C) of paragraph (1)--
(A) a finding of a ``marked'' restriction or
difficulty may be based on a restriction or difficulty
with respect to either a single activity or function
referred to in such subparagraphs or any combination of
such activities or functions, if the degree of
restriction or difficulty is such that it seriously
interferes with the individual's ability to function
independently, appropriately, and effectively, and
(B) the term ``marked'' does not imply that the
impaired individual is confined to bed, hospitalized,
or in a nursing home.
SEC. 3. EFFECTIVE DATE.
The provisions of section 2 shall apply with respect to
determinations of disability made on or after December 18, 1991. | Social Security and SSI AIDS Disability Act of 1993 - Requires the Secretary of Health and Human Services to include specific items in any listing of impairments for the evaluation of human immunodeficiency virus (HIV) infection used in making determinations of disability under titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Provides that, with respect to any item in such a listing, any requirement for a functional test shall be treated as met if certain specified requirements are met. | {"src": "billsum_train", "title": "Social Security and SSI AIDS Disability Act of 1993"} | 1,102 | 128 | 0.539545 | 1.611212 | 0.704963 | 3.891089 | 9.712871 | 0.881188 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Permanent Prevention of Asian Carp
Act of 2010''.
SEC. 2. DEFINITIONS.
(a) In this Act:
(1) CAWS.--The term ``CAWS'' means the Chicago Area Water
System.
(2) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(3) Hydrological separation.--The term ``hydrological
separation'' means a physical separation on the CAWS that--
(A) would disconnect the Mississippi River from
Lake Michigan; and
(B) shall be designed to be adequate in scope to
prevent the transfer of aquatic species between each
water basin.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(5) Study.--The term ``study'' means the feasibility study
described in section 11(a).
TITLE I--FEASIBILITY STUDY
SEC. 11. FEASIBILITY STUDY.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary, pursuant to section 206 of the Food Control
Act of 1958 (Public Law 85-500; 72 Stat. 317), shall study the
watersheds of the following rivers (including the tributaries of the
rivers) that drain directly into Lake Michigan:
(1) The Illinois River, at and in the vicinity of Chicago,
Illinois.
(2) The Chicago River in the State of Illinois.
(3) The Calumet River in the States of Illinois and
Indiana.
(b) Purpose of Study.--The purpose of the study is to determine the
feasibility and best means of implementing the hydrological separation
of the Great Lakes and Mississippi River Basins to prevent the
introduction or establishment of populations of aquatic nuisance
species between the Great Lakes and Mississippi River Basins through
the CAWS and other aquatic pathways.
(c) Requirements of Study.--
(1) Options.--The study shall include options to address--
(A) flooding;
(B) Chicago wastewater and stormwater
infrastructure;
(C) waterway safety operations; and
(D) barge and recreational vessel traffic
alternatives, which shall include--
(i) examining other modes of transportation
for cargo and CAWS users; and
(ii) creating engineering designs to move
canal traffic from 1 body of water to another
body of water without transferring aquatic
species.
(2) Cost-benefit analysis.--The study shall contain a
detailed analysis of the environmental benefits and costs of
each option described in paragraph (1).
(3) Association with other study.--The study shall be
conducted in association with the study required under section
3061(d) of the Water Resources Development Act of 2007 (121
Stat. 1121).
(4) Consultation.--The Secretary shall consult with any
relevant expert or stakeholder knowledgeable on the issues of
hydrological separation and aquatic nuisance species.
(d) Deadline.--The Secretary shall complete the study by the date
that is 18 months after the date of enactment of this Act.
SEC. 12. REPORT.
(a) In General.--The Secretary shall prepare a report on the
waterways described in section 3(a) in accordance with--
(1) the purpose described in section 3(b); and
(2) each requirement described in section 3(c).
(b) Deadlines.--The Secretary shall submit to Congress and the
President--
(1) not later than 180 days after the date of enactment of
this Act, an initial report under this section;
(2) not later than 1 year after the date of enactment of
this Act, a second report under this section; and
(3) not later than 18 months after the date of enactment of
this Act, a final report under this section.
SEC. 13. FEDERAL COST REQUIREMENT.
The Secretary shall carry out this Act at full Federal cost.
SEC. 14. PRESIDENTIAL OVERSIGHT.
The President, or the Council on Environmental Quality as a
designee to the President, shall oversee the study to ensure the
thoroughness and timely completion of the study.
TITLE II--RESPONSE TO ADDITIONAL THREATS
SEC. 21. RESPONSE.
(a) Monitoring Connecting Waters.--To identify additional threats
that could allow Asian Carp to enter the Great Lakes Basin, the
Director, in cooperation with the Director of the United States Fish
and Wildlife Service, shall monitor and survey all waters that connect
to the Great Lakes Basin or could connect to the Great Lakes Basin due
to--
(1) flooding;
(2) underground hydrological connection; or
(3) human-made diversion.
(b) Response to Additional Threats.--As soon as practicable after
the date of identification of a threat under subsection (a), the
Director, in cooperation with the Director of the United States Fish
and Wildlife Service, shall--
(1) prioritize each threat; and
(2) help identify means to impede the passage of Asian Carp
to the Great Lakes Basin.
(c) Consultation With Other Actors.--In carrying out subsections
(a) and (b), the Director, in cooperation with the Director of the
United States Fish and Wildlife Service, shall consult with each
relevant--
(1) Federal agency;
(2) State; and
(3) stakeholder. | Permanent Prevention of Asian Carp Act of 2010 - Directs the Secretary of the Army, acting through the Chief of Engineers, to study the watersheds of the Illinois, Chicago, and Calumet Rivers, including their tributaries, that drain directly into Lake Michigan to determine the feasibility and best means of implementing the hydrologic separation of the Great Lakes and the Mississippi River Basins to prevent the introduction or establishment of populations of aquatic nuisance species between the Great Lakes and Mississippi River Basins through the Chicago Area Water System (CAWS) and other aquatic pathways.
Requires the study to: (1) include options to address flooding, Chicago wastewater and stormwater infrastructure, waterway safety operations, and barge and recreational vessel traffic alternatives; and (2) contain a detailed analysis of the environmental benefits and costs of each option.
Directs: (1) the Secretary to carry out this Act at full federal cost; and (2) the President, or the Council on Environmental Quality as a designee to the President, to oversee the study to ensure its thoroughness and timely completion.
Requires the Director of the United States Geological Survey (USGS), in cooperation with the Director of the United States Fish and Wildlife Service, to: (1) monitor and survey all waters that connect to the Great Lakes Basin or could connect to it due to flooding, underground hydrological connection, or human-made diversion to identify additional threats that could allow Asian Carp to enter the Basin; and (2) prioritize each threat and help identify means to impede the passage of Asian Carp to the Basin. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Army to study the feasibility of the hydrological separation of the Great Lakes and Mississippi River Basins."} | 1,180 | 334 | 0.718994 | 2.375756 | 0.909482 | 5.039735 | 3.572848 | 0.966887 |
TITLE I--DEFENSE
SEC. 101. REDUCTION OF NUCLEAR DELIVERY SYSTEMS.
The Secretary of Defense shall reduce the strategic nuclear force
of the Department of Defense by fiscal year 2004 to include a maximum
of 300 Minuteman III intercontinental ballistic missiles.
SEC. 102. TERMINATION OF PRODUCTION OF TRIDENT II (D-5) MISSILES AND
RETIREMENT OF TRIDENT I SUBMARINES.
(a) Termination of Trident II Missile Production.--No funds may be
appropriated to the Department of Defense for any fiscal year after
fiscal year 1998 for production of Trident II (D-5) missiles for the
Department of the Navy.
(b) Retirement of Trident I Submarines.--The Secretary of Defense
shall retire eight Trident I submarines during fiscal years 2001
through 2004.
SEC. 103. REDUCTION IN THEATER MISSILE DEFENSE PROGRAMS.
(a) Termination of Programs.--The Secretary of Defense shall reduce
theater missile defense programs by terminating development of--
(1) the Navy sea-based area theater missile defense system;
(2) the Army Medium Extended Air Defense System (MEADS);
(3) the Air Force airborne laser for destruction of
missiles system; and
(4) the Space and Missile Tracking System (Brilliant Eyes).
(b) Prohibition on Funding for Development of Arrow Missile for
Israel.--No funds may be appropriated to the Department of Defense for
any fiscal year after fiscal year 1998 to provide assistance to Israel
for development of the Arrow missile.
SEC. 104. TERMINATION OF THE MARINE CORPS V-22 OSPREY AIRCRAFT PROGRAM.
No funds may be appropriated to the Department of Defense for any
fiscal year after fiscal year 1998 for research, development, test, and
evaluation or for procurement for the Marine Corps V-22 Osprey aircraft
program.
SEC. 105. RETIREMENT OF EXCESS KC-135 TANKERS.
The Secretary of Defense shall retire 20 Air Force KC-135E aircraft
during each of fiscal years 1999 through 2003.
SEC. 106. ASSIGNMENT OF WARTIME FUNCTION TO MILITARY PERSONNEL IN
TRAINING OR TRANSIT.
The Secretary of Defense shall assign to a unit of the Armed Forces
each member of the Armed Forces--
(1) who is in transit during a scheduled move from one
military installation to another military installation; or
(2) who is undergoing military training other than basic
training.
SEC. 107. RECOVERY OF FULL COST OF MILITARY EXPORTS.
(a) Recoupment of Certain Nonrecurring Costs in Commercial Export
Sales of Major Defense Equipment.--
(1) In general.--Section 38 of the Arms Export Control Act
(22 U.S.C. 2778) is amended by adding at the end the following
new subsection:
``(i)(1) Any sale involving the export of major defense equipment
pursuant to a license or other approval granted under this section
shall include an appropriate charge for a proportionate amount of the
nonrecurring costs incurred by the United States in the research,
development, and production of such equipment. Such charge shall be
comparable to the charge imposed pursuant to section 21(e)(1)(B) of
this Act relating to government-to-government sales of major defense
equipment.
``(2) The charge provided for in paragraph (1) shall not apply with
respect to major defense equipment that is wholly paid for from funds
transferred under section 503(a)(3) of the Foreign Assistance Act of
1961 (22 U.S.C. 2311(a)(3)) or from funds made available on a grant or
other nonrepayable basis under section 23 of this Act.''.
(2) Effective date.--Section 38(i) of the Arms Export
Control Act, as added by paragraph (1), applies with respect to
major defense equipment sold pursuant to a contract entered
into on or after the date of the enactment of this Act.
(b) Recovery of Certain Administrative Expenses in Connection With
Foreign Military Sales.--Section 43(b) of the Arms Export Control Act
(22 U.S.C. 2792(b)) is amended--
(1) by adding ``and'' at the end of paragraph (1);
(2) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(3) by striking paragraph (3).
TITLE II--OTHER DISCRETIONARY ACCOUNTS
SEC. 201. TERMINATION OF SPACE STATION PROGRAM.
(a) Termination.--The Administrator of the National Aeronautics and
Space Administration shall terminate the participation of the United
States in the International Space Station program.
(b) Termination Costs.--There are authorized to be appropriated to
the Administrator of the National Aeronautics and Space Administration
$700,000,000 for fiscal year 1999 for costs associated with carrying
out subsection (a).
SEC. 202. ELIMINATION OF LOAN SUBSIDIES AVAILABLE UNDER THE RURAL
ELECTRIFICATION ACT OF 1936.
(a) In General.--Title I of the Rural Electrification Act of 1936
(7 U.S.C. 901-946) is amended by adding at the end the following:
``SEC. 19. INTEREST RATE ON LOANS AND ADVANCES UNDER THIS ACT.
``The rate of interest on any loan made under this Act on or after
the date of the enactment of this section, and the rate of interest on
any advance made under this Act on or after such date under loan
commitments made at any time, shall equal the coupon equivalent yield
on obligations of the Treasury of the United States of comparable
maturity, at the most recent auction of such obligations by the
Department of the Treasury.
``SEC. 20. LOAN ORIGINATION FEES.
``(a) In General.--The Secretary and the Governor of the telephone
bank shall charge and collect a loan origination fee, in an amount
determined by use of the schedule prescribed under subsection (b), from
each borrower to whom a loan is made under this Act on or after the
date of the enactment of this section.
``(b) Fee Schedule.--The Secretary shall prescribe a schedule of
loan origination fees to be collected under subsection (a), which shall
be calculated so as to result in the collection of amounts sufficent to
cover the cost of defaults on loans made under this Act on or after the
date of the enactment of this section.''.
(b) Conforming Amendments.--
(1) Section 305(a) of such Act (7 U.S.C. 935(a)) is amended
by striking ``and at the interest rates hereinafter provided''.
(2) Section 305(c)(1) of such Act (7 U.S.C. 935(c)(1)) is
amended by striking ``of 5 percent per year'' each place it
appears and inserting ``determined pursuant to section 19''.
(3) Section 305(c)(2)(A) of such Act (7 U.S.C.
935(c)(2)(A)) is amended--
(A) by striking ``the interest rate described in
subparagraph (B)'' and inserting ``an interest rate
determined pursuant to section 19''; and
(B) by striking ``(C)'' and inserting ``(B)'';
(4) Section 305(c)(2)(C)(i) of such Act (7 U.S.C.
935(c)(2)(C)(i)) is amended by striking ``subparagraph (B)''
and inserting ``section 19''.
(5) Section 305(c)(2) of such Act (7 U.S.C. 935(c)(2)) is
amended by striking subparagraph (B) and redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C),
respectively.
(6) Section 305(d)(1)(A) of such Act (7 U.S.C. 935(d)) is
amended by striking ``of 5 percent per year'' and inserting
``determined pursuant to section 19''.
(7) Section 305(d)(2) of such Act (7 U.S.C. 935(d)(2)) is
amended by striking ``equal to the then current cost of money
to the Government of the United States for loans of similar
maturity, but not more than 7 percent per year,'' and inserting
``determined pursuant to section 19''.
(8) Section 305(d)(3)(C) of such Act (7 U.S.C.
935(d)(3)(C)) is amended by striking ``408(b)(4)(C)'' and
inserting ``408(b)(3)(C)''.
(9) Section 306C(c)(1) of such Act (7 U.S.C. 936c(c)(1)) is
amended--
(A) by striking ``the interest rate described in
paragraph (2)'' and inserting ``an interest rate
determined pursuant to section 19''; and
(B) by striking ``(3)'' and inserting ``(2)''.
(10) Section 306C(c)(3)(A) of such Act (7 U.S.C.
936c(c)(3)(A)) is amended by striking ``paragraph (2)'' and
inserting ``section 19''.
(11) Section 306C(c)(4) of such Act (7 U.S.C. 936c(c)(4))
is amended by striking ``(3)'' and inserting ``(2)''.
(12) Section 306C(c) of such Act (7 U.S.C. 936c(c)) is
amended by striking paragraph (2) and redesignating paragraphs
(3) and (4) as paragraphs (2) and (3), respectively.
(13) Section 306C of such Act (7 U.S.C. 936c) is amended by
striking subsection (d).
(14) Section 310 of such Act (7 U.S.C. 940) is amended by
striking ``provided in section 305'' and inserting ``determined
pursuant to section 19''.
(15) Section 408(b)(2) of such Act (7 U.S.C. 948(b)(2)) is
amended by striking ``, however, to'' and inserting ``to
section 19 and''.
(16) Section 408(b) of such Act (7 U.S.C. 948(b)) is
amended by striking paragraph (3) and redesignating paragraphs
(4) through (8) as paragraphs (3) through (7), respectively.
(17) Section 408(e) of such Act (7 U.S.C. 948(e)) is
amended by striking the 1st and 2nd sentences.
SEC. 203. ELIMINATION OF BELOW-COST SALES OF TIMBER FROM NATIONAL
FOREST SYSTEM LANDS.
The National Forest Management Act of 1976 is amended by inserting
after section 14 (16 U.S.C. 472a) the following new section:
``SEC. 14A. ELIMINATION OF BELOW-COST TIMBER SALES FROM NATIONAL FOREST
SYSTEM LANDS.
``(a) Requirement That Sale Revenues Exceed Costs.--On and after
October 1, 2003, in appraising timber and setting a minimum bid for
trees, portions of trees, or forest products located on National Forest
System lands proposed for sale under section 14 or any other provision
of law, the Secretary of Agriculture shall ensure that the estimated
cash returns to the United States Treasury from each sale exceed the
estimated costs to be incurred by the Federal Government in the
preparation of the sale or as a result of the sale.
``(b) Costs To Be Considered.--For purposes of estimating under
this section the costs to be incurred by the Federal Government from
each timber sale, the Secretary shall assign to the sale the following
costs:
``(1) The actual appropriated expenses for sale preparation
and harvest administration incurred or to be incurred by the
Federal Government from the sale and the payments to counties
to be made as a result of the sale.
``(2) A portion of the annual timber resource planning
costs, silvicultural examination costs, other resource support
costs, road design and construction costs, road maintenance
costs, transportation planning costs, appropriated
reforestation costs, timber stand improvement costs, forest
genetics costs, general administrative costs (including
administrative costs of the national and regional offices of
the Forest Service), and facilities construction costs of the
Federal Government directly or indirectly related to the timber
harvest program conducted on National Forest System lands.
``(c) Method of Allocating Costs.--The Secretary shall allocate the
costs referred to in subsection (b)(2) to each unit of the National
Forest System, and each proposed timber sale in such unit, on the basis
of harvest volume.
``(d) Transitional Requirements.--To ensure the elimination of all
below-cost timber sales by the date specified in subsection (a), the
Secretary shall progressively reduce the number and size of below-cost
timber sales on National Forest System lands as follows:
``(1) In fiscal years 1999 and 2000, the quantity of timber
sold in below-cost timber sales on National Forest System lands
shall not exceed 75 percent of the quantity of timber sold in
below-cost timber sales in the preceding fiscal year.
``(2) In fiscal year 2001, the quantity of timber sold in
below-cost timber sales on National Forest System lands shall
not exceed 65 percent of the quantity of timber sold in below-
cost timber sales in fiscal year 1998.
``(3) In fiscal years 2002 and 2003, the quantity of timber
sold in below-cost timber sales on National Forest System lands
shall not exceed 50 percent of the quantity of timber sold in
below-cost timber sales in the fiscal year 2001.
``(e) Below-Cost Timber Sale.--For purposes of this section, the
term `below-cost timber sale' means a sale of timber in which the costs
to be incurred by the Federal Government exceed the cash returns to the
United States Treasury.''.
SEC. 204. ELIMINATION OF THE FOREIGN MARKET DEVELOPMENT COOPERATOR
PROGRAM.
Title VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5712 et
seq.) is repealed.
SEC. 205. ELIMINATION OF COCHRAN FELLOWSHIP PROGRAM.
Section 1543 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 3293) is repealed.
SEC. 206. ELIMINATION OF SUPPORT FOR PRODUCERS AND USERS OF COMMERCIAL
AIRLINERS.
The Administrator of the National Aeronautics and Space
Administration shall not obligate any funds for the Advanced Subsonic
Technology Program, High-Speed Research, or the National Aeronautics
Facility.
SEC. 207. ELIMINATION OF APPALACHIAN REGIONAL COMMISSION.
Effective September 30, 1998, the Appalachian Regional Development
Act of 1965 (Public Law 89-4) is repealed.
SEC. 208. ELIMINATION OF FEDERAL FUNDING FOR TVA.
Section 27 of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831z) is amended to read as follows:
``Sec. 27. No appropriations are authorized to carry out the
provisions of this Act after September 30, 1998.''.
TITLE III--ENTITLEMENTS
SEC. 301. SALE AND PURCHASE OF POWER BY FEDERAL POWER MARKETING
ADMINISTRATIONS.
(a) Market Based Rates.--Notwithstanding sections 4 and 5 of the
Bonneville Project Act of 1937 (16 U.S.C. 832), sections 9 and 10 of
the Federal Columbia River Transmission System Act (16 U.S.C. 838 and
following), the Act of August 31, 1964 (16 U.S.C. 837-837h), section 7
of the Pacific Northwest Electric Power Planning and Conservation Act
(16 U.S.C. 839-839h), section 5 of the Flood Control Act of 1944, the
Department of Energy Organization Act (Public Law 93-454), or any other
authority of law, for any contract or other arrangement entered into by
any Federal Power Marketing Administration after October 1, 1998 for
the sale of electric power, notwithstanding any other provision of
law--
(1) the rate for the sale of such power shall be the market
rate established by competitive bidding and no discount or
special rate shall be provided to any purchaser; and
(2) no public body or cooperative, Federal agency,
investor-owned utility, direct service industrial customer, or
other entity shall be entitled to any preference or priority
right to contract for or otherwise purchase such power.
Nothing in this subsection shall affect any contract entered into
before October 1, 1998. Notwithstanding the Federal Power Act or
section 7 of the Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839-839h), the Federal Energy Regulatory
Commission shall not be authorized or required to approve or confirm
any rate for the sale of electric power or transmission services
established under this subsection.
(b) Termination of Residential Exchange Program.--Section 5(c) of
the Pacific Northwest Power Planning and Conservation Act (16 U.S.C.
839-839h) shall not apply to any contract or other arrangement for the
purchase or sale of electric power entered into after October 1, 1998.
(c) Contract Renewal.--After the enactment of this Act, no Federal
Power Marketing Administration may enter into or renew any power
marketing contract for a term that exceeds 5 years.
SEC. 302. ELIMINATION OF MARKET ACCESS PROGRAM.
Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)
is repealed.
SEC. 303. INCREASE IN ASSESSMENTS UNDER TOBACCO PRICE SUPPORT PROGRAM.
(a) Increase in Assessment Rate.--Section 106(g)(1) of the
Agricultural Act of 1949 (7 U.S.C. 1445(g)(1)) is amended--
(1) in subparagraph (A), by striking ``.5 percent'' and
inserting ``1 percent''; and
(2) in subparagraph (B), by striking ``1 percent'' and
inserting ``2 percent''.
(b) Duration of Assessments.--Such section is further amended by
striking ``1998 crops'' and inserting ``2003 crops''.
SEC. 304. PAYMENT OF IN-SCHOOL INTEREST BY STUDENT LOAN BORROWERS.
Section 428(b)(7) of the Higher Education Act of 1965 (20 U.S.C.
1078(b)(7)) is amended--
(1) in subparagraph (A), by striking ``In the case'' and
inserting ``Except as provided in subparagraph (D), in the
case''; and
(2) by adding at the end the following new subparagraph:
``(D) In the case of a loan made under section 427 or 428
after October 1, 1998, the repayment period shall exclude any
period of authorized deferment or forbearance, and shall begin
as described in clause (i) or (ii) of subparagraph (A), but
interest shall begin to accrue or be paid by the borrower at
the beginning of the 6 month period described in such clause
(i).''.
SEC. 305. COPAYMENT FOR PRESCRIPTION MEDICATIONS FURNISHED TO VETERANS
BY THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Increase in Copyament.--Subsection (a)(1) of 1722A of title 38,
United States Code, is amended by striking ``$2'' and inserting ``$5''.
(b) Extension of Copayment Requirement.--Subsection (c) of such
section is amended by striking ``September 30, 2002'' and inserting
``September 30, 2003''. | TABLE OF CONTENTS:
Title I: Defense
Title II: Other Discretionary Accounts
Title III: Entitlements
Title I: Defense
- Directs the Secretary of Defense to reduce: (1) by FY 2004 the Department of Defense (DOD) strategic nuclear force to include a maximum of 300 Minuteman III intercontinental ballistic missiles; and (2) DOD theater missile defense programs by terminating the Navy sea-based area theater missile defense system, the Army Medium Extended Air Defense System, the Air Force airborne laser for destruction of missiles system, and the Space and Missile Tracking System.
(Sec. 102) Prohibits funds from being appropriated to DOD for fiscal years after 1998 for the production of Trident II (D-5) missiles for the Navy. Requires the Secretary to retire eight Trident I submarines during FY 2001 through 2004.
(Sec. 103) Prohibits funds from being appropriated to DOD for fiscal years after 1998 for: (1) assistance to Israel for development of the Arrow missile; and (2) research, development, test, and evaluation or for procurement for the Marine Corps V-22 Osprey aircraft program.
(Sec. 105) Requires the Secretary to retire 20 Air Force KC-135E aircraft during each of FY 1999 through 2003.
(Sec. 106) Directs the Secretary to assign to a unit of the armed forces members who are: (1) in transit during a scheduled move from one military installation to another; or (2) undergoing military training other than basic training.
(Sec. 107) Amends the Arms Export Control Act to provide that any sale of major defense equipment approved under such Act shall include an appropriate charge for costs incurred by the United States in the research, development, and production of such equipment. Provides an exception. Repeals a provision of such Act which allows for the recovery of certain administrative expenses when such expenses are neither salaries of U.S. armed forces nor unfunded estimated costs of civilian retirement and other benefits.
Title II: Other Discretionary Accounts
- Requires the Administrator of the National Aeronautics and Space Administration (NASA) to terminate U.S. participation in the International Space Station program. Authorizes appropriations for termination costs.
(Sec. 202) Amends the Rural Electrification Act of 1936 to require the interest rates on loans and advances under such Act to equal the coupon equivalent yield on Treasury obligations of comparable maturity at the most recent Treasury auction. Provides for loan origination fees from borrowers of loans made under such Act.
Eliminates references to existing interest rates under such Act.
(Sec. 203) Amends the National Forest Management Act of 1976 to eliminate below-cost timber sales from National Forest System lands.
(Sec. 204) Repeals provisions of the Agricultural Trade Act of 1978 regarding the foreign market development cooperator program.
(Sec. 205) Repeals provisions of the Food, Agriculture, Conservation, and Trade Act of 1990 regarding the Cochran Fellowship Program.
(Sec. 206) Prohibits the NASA Administrator from obligating funds for the Advanced Subsonic Technology Program, High-Speed Research, or the National Aeronautics Facility.
(Sec. 207) Repeals the Appalachian Regional Development Act of 1965 effective September 30, 1998.
(Sec. 208) Amends the Tennessee Valley Authority Act of 1933 to prohibit the authorization of appropriations to carry out such Act after September 30, 1998.
Title III: Entitlements
- Requires, for any arrangement for the sale of electric power entered into by a Federal Power Marketing Administration after October 1, 1998, that: (1) the rate for the sale of power be the market rate established by competitive bidding and no discount be provided to any purchaser; and (2) no entity be entitled to any preference or priority right to contract for or purchase such power.
Makes certain provisions of the Pacific Northwest Electric Power Planning and Conservation Act regarding a residential power exchange program inapplicable to arrangements for the purchase or sale of electric power entered into after October 1, 1998.
Prohibits Federal Power Marketing Administrations from entering into or renewing a power marketing contract for a term that exceeds five years.
(Sec. 302) Repeals provisions of the Agricultural Trade Act of 1978 regarding a market access program.
(Sec. 303) Amends the Agricultural Act of 1949 to extend and increase tobacco price support program marketing assessments on producers, purchasers, and importers.
(Sec. 304) Amends the Higher Education Act of 1965 to provide for the payment of in-school interest by certain student loan borrowers.
(Sec. 305) Amends Federal veterans' provisions to increase from $2 to $5 the prescription drug copayment required from certain veterans. Extends such requirement through FY 2003. | {"src": "billsum_train", "title": "To reduce Federal spending in several programs."} | 4,552 | 1,060 | 0.766193 | 2.525393 | 0.605319 | 4.039088 | 4.071661 | 0.896851 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Fire Administration,
AFG, and SAFER Program Reauthorization Act of 2017''.
SEC. 2. REAUTHORIZATION OF THE UNITED STATES FIRE ADMINISTRATION.
Section 17(g)(1)(M) of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2216 (g)(1)(M)) is amended--
(1) by striking ``fiscal year 2017'' and inserting ``for each
of fiscal years 2017 through 2023''; and
(2) by inserting ``for each such fiscal year'' after
``$2,753,672''.
SEC. 3. REAUTHORIZATION OF ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM
AND THE FIRE PREVENTION AND SAFETY GRANTS PROGRAM.
(a) Sunset.--Section 33(r) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(r)) is amended by striking ``the
date that is 5 years after the date of the enactment of the Fire Grants
Reauthorization Act of 2012'' and inserting ``September 30, 2024''.
(b) Authorization of Appropriations.--Section 33(q)(1)(B) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(q)(1)(B)) is amended, in the matter preceding clause (i), by
striking ``2017'' and inserting ``2023''.
(c) Authorization for Certain Training Under Assistance to
Firefighters Grants Program.--Section 33(c)(3) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(c)(3)) is amended by
adding at the end the following:
``(N) To provide specialized training to firefighters,
paramedics, emergency medical service workers, and other first
responders to recognize individuals who have mental illness and
how to properly intervene with individuals with mental illness,
including strategies for verbal de-escalation of crisis.''.
SEC. 4. REAUTHORIZATION OF STAFFING FOR ADEQUATE FIRE AND EMERGENCY
RESPONSE GRANT PROGRAM.
(a) Sunset.--Section 34(k) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a(k)) is amended by striking ``the
date that is 5 years after the date of the enactment of the Fire Grants
Reauthorization Act of 2012'' and inserting ``September 30, 2024''.
(b) Authorization of Appropriations.--Section 34(j)(1)(I) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229a(j)(1)(I)) is amended, in the matter preceding clause (i), by
striking ``2017'' and inserting ``2023''.
(c) Modification of Application Requirements.--Section 34(b)(3)(B)
of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229a(b)(3)(B)) is amended by striking ``of subsection (a)(1)(B)(ii)
and (F)'' and inserting ``of subsection (a)(1)(F)''.
(d) Modification of Limitation.--Section 34(c)(2) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(c)(2)) is
amended by striking ``prior to the date of enactment of this section''
and inserting ``prior to the date of the application for the grant''.
(e) Modification of Waiver Authority.--Section 34(d)(1)(B) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229a(d)(1)(B)) is amended by striking ``subsection (a)(1)(E) or
subsection (c)(2)'' and inserting ``subsection (a)(1)(E), (c)(2), or
(c)(4)''.
(f) Expansion of Staffing For Adequate Fire and Emergency Response
Grant Program; Repeal of Authority for Certain Use of Grant Amounts
Transferred to Assistance to Firefighters Grants Program.--Section
34(a)(1)(B) of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229a(a)(1)(B)) is amended--
(1) by inserting ``or to change the status of part-time or
paid-on-call (as defined in section 33(a)) firefighters to full-
time firefighters'' after ``firefighters''; and
(2) by striking ``and to provide'' and all that follows through
``of crises''.
SEC. 5. TRAINING ON ADMINISTRATION OF FIRE GRANT PROGRAMS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency, acting through the Administrator of the United
States Fire Administration, may develop and make widely available an
electronic, online training course for members of the fire and
emergency response community on matters relating to the administration
of grants under sections 33 and 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(b) Requirements.--The Administrator of the Federal Emergency
Management Agency shall ensure that any training developed and made
available under subsection (a) is--
(1) tailored to the financial and time constraints of members
of the fire and emergency response community; and
(2) accessible to all individuals in the career, combination,
paid-on-call, and volunteer fire and emergency response community.
SEC. 6. FRAMEWORK FOR OVERSIGHT AND MONITORING OF THE ASSISTANCE TO
FIREFIGHTERS GRANTS PROGRAM, THE FIRE PREVENTION AND SAFETY GRANTS
PROGRAM, AND THE STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
GRANT PROGRAM.
(a) Framework.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Emergency Management
Agency, acting through the Administrator of the United States Fire
Administration, shall develop and implement a grant monitoring and
oversight framework to mitigate and minimize risks of fraud, waste,
abuse, and mismanagement relating to the grants programs under sections
33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229 and 2229a).
(b) Elements.--The framework required under subsection (a) shall
include the following:
(1) Developing standardized guidance and training for all
participants in the grant programs described in subsection (a).
(2) Conducting regular risk assessments.
(3) Conducting desk reviews and site visits.
(4) Enforcement actions to recoup potential questionable costs
of grant recipients.
(5) Such other oversight and monitoring tools as the
Administrator of the Federal Emergency Management Agency considers
necessary to mitigate and minimize fraud, waste, abuse, and
mismanagement relating to the grant programs described in
subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the House passed version is repeated here.) United States Fire Administration, AFG, and SAFER Program Reauthorization Act of 2017 This bill amends the the Federal Fire Prevention and Control Act of 1974 to: (1) reauthorize through FY2024 the Assistance to Firefighters Grants (AFG) Program, the Fire Prevention and Safety Grants (FPSG) Program, and the Staffing for Adequate Fire and Emergency Response Grant (SAFER) Program, and reauthorizes provisions regarding firefighting technology evaluation and standards development; and (2) authorize the use of AFG Program grants, instead of SAFER Program grants, to provide specialized training to first responders on how to recognize and properly intervene with individuals with mental illness. The SAFER Program is revised to permit the use of grants to change the status of part-time or paid-on-call firefighters to full-time firefighters. The United States Fire Administration (USFA) may develop and make widely available an electronic, online training course for members of the fire and emergency response community on matters related to the administration of AFG, FPSG, and SAFER grants. The Federal Emergency Management Agency (FEMA) shall ensure that any such training is: (1) tailored to the financial and time constraints of members of the fire and emergency response community; and (2) accessible to all individuals in the career, combination, paid-on-call, and volunteer fire and emergency response community. The USFA shall develop and implement a grant monitoring and oversight framework to mitigate and minimize risks of fraud, waste, abuse, and mismanagement relating to such grants programs. | {"src": "billsum_train", "title": "United States Fire Administration, AFG, and SAFER Program Reauthorization Act of 2017"} | 1,658 | 341 | 0.608646 | 2.005319 | 0.811061 | 5.898693 | 4.140523 | 0.905229 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Consumer
Information Act of 2003''.
SEC. 2. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS.
(a) Amendments to the Public Health Service Act Relating to the
Group Market.--
(1) In general.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
amended by adding at the end the following:
``SEC. 2707. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS.
``Notwithstanding any other provision of law, a group health plan,
and a health insurance issuer providing health insurance coverage in
connection with a group health plan, shall not enter into a contract
with any pharmacy benefit manager (in this section referred to as a
`PBM') to manage the prescription drug coverage provided under such
plan or insurance coverage, or to control the costs of such
prescription drug coverage, unless the PBM satisfies the following
requirements:
``(1) The PBM is not owned by a pharmaceutical
manufacturing company.
``(2) The PBM agrees to pass along any cost savings
negotiated with a pharmacy to the group health plan or the
health insurance issuer.
``(3) The PBM agrees to make public on an annual basis the
percent of manufacturer's rebates received by the PBM that is
passed back to the group health plan or the health insurance
issuer on a drug-by-drug basis.
``(4) The PBM agrees to provide, at least annually, the
group health plan or the health insurance issuer with all
financial and utilization information requested by the plan or
issuer relating to the provision of benefits to eligible
enrollees through the PBM and all financial and utilization
information relating to services provided to the plan or
issuer. A PBM providing information under this paragraph may
designate that information as confidential. Information
designated as confidential by a PBM and provided to a plan or
issuer under this paragraph may not be disclosed to any person
without the consent of the PBM.
``(5) The PBM agrees to provide, at least annually, the
group health plan or the health insurance issuer with all
financial terms and arrangements for remuneration of any kind
that apply between the PBM and any prescription drug
manufacturer or labeler, including formulary management and
drug-switch programs, educational support, claims processing
and pharmacy network fees that are charged from retail
pharmacies and data sales fees.''.
(2) Effective date.--The amendment made by this subsection
shall apply to group health plans and health insurance issuers
in connection with group health plans for plan years beginning
on or after the date of enactment of this Act.
(b) Amendment to the Public Health Service Act Relating to the
Individual Market.--
(1) In general.--The first subpart 3 of part B of title
XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et
seq.) is amended--
(A) by redesignating such subpart as subpart 2; and
(B) by adding at the end the following:
``SEC. 2753. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS.
``The provisions of section 2707 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to a group health plan and a health
insurance issuer providing health insurance coverage under that
section.''.
(2) Effective date.--The amendment made by paragraph (1)(B)
shall apply with respect to health insurance coverage offered,
sold, issued, renewed, in effect, or operated in the individual
market on or after the date of enactment of this Act.
(c) Employee Retirement Income Security Act of 1974.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following:
``SEC. 714. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS.
``The provisions of section 2707 of the Public Health Service Act
shall apply to a group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health
plan, in the same manner as such provisions apply to a group health
plan and a health insurance issuer providing health insurance coverage
under that section.''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 is
amended by inserting after the item relating to section 713 the
following:
``Sec. 714. Pharmacy benefit managers transparency requirements.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to plan years beginning on or after
the date of enactment of this Act.
SEC. 3. DISCLOSURE OF RETAIL PRICES OF PHARMACEUTICALS.
The Secretary of Health and Human Services shall promulgate
regulations requiring a pharmacy to disclose the retail cost of a
prescription drug upon request by a consumer. | Prescription Drug Consumer Information Act of 2003 - Amends the Public Health Service Act with regard to certain contracts involving pharmacy benefit managers (PBM's). Sets forth certain requirements a PBM must meet for a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan (health insurance issuer), to enter into a contract with the PBM to manage the prescription drug coverage provided under such plan or coverage or to control the costs of such prescription drug coverage. Includes among such requirements that the PBM not be owned by a pharmaceutical manufacturing company and that the PBM shall agree to pass along any cost savings negotiated with a pharmacy to the group health plan or the health insurance issuer.Amends the Act to apply the provisions of this Act regarding contracts with a PBM to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to a group health plan and a health insurance issuer providing health insurance coverage.Amends the Employee Retirement Income Security Act of 1974 to apply the provisions of this Act regarding contracts with a PBM to a group health plan and a health insurance issuer in the same manner as such provisions apply to a group health plan and a health insurance issuer providing health insurance coverage.Directs the Secretary of Health and Human Services to promulgate regulations requiring a pharmacy to disclose the retail cost of a prescription drug upon request by a consumer. | {"src": "billsum_train", "title": "A bill to prohibit a health plan from contracting with a pharmacy benefit manager (PBM) unless the PBM satisfies certain requirements, and for other purposes."} | 1,189 | 319 | 0.739305 | 2.113118 | 0.757895 | 6.107011 | 3.763838 | 0.926199 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assure Access to Mammography Act of
2003''.
SEC. 2. ENHANCED REIMBURSEMENT UNDER THE MEDICARE PROGRAM FOR SCREENING
AND DIAGNOSTIC MAMMOGRAPHY SERVICES FURNISHED IN 2003.
(a) Payments to Facilities for Screening and Diagnostic
Mammography.--
(1) In general.--Notwithstanding any other provision of
law, with respect to payment for a screening or diagnostic
mammography furnished to a medicare beneficiary, the amount of
payment made to a hospital-based facility (defined in paragraph
(4)) in which such screening or diagnostic mammography is
performed during the applicable period described in paragraph
(3) is equal to 200 percent of the amount of payment that would
otherwise apply under the fee schedule established under
section 1848 of the Social Security Act (42 U.S.C. 1395w-4)
with respect to the technical component of such screening or
diagnostic mammography.
(2) Temporary payment rule.--With respect to payments to a
hospital-based facility for screening or diagnostic mammography
described in paragraph (1) during the applicable period,
payment shall be made to the facility for such mammography
pursuant to this subsection and shall not be made under section
1833(t) of such Act (42 U.S.C. 1395l(t)).
(3) Applicable period.--The applicable period referred to
in paragraph (1) is the period beginning on the date of the
enactment of this Act and ending on the date the Secretary
establishes and implements an appropriate facility payment rate
under the prospective payment system for covered outpatient
services under such section 1833(t) for a screening or
diagnostic mammography furnished to a medicare beneficiary, but
in no case less than the amount payment provided for in
paragraph (1).
(4) Hospital-based facility defined.--In this subsection,
the term ``hospital-based facility'' means a facility for which
payment is made for a diagnostic or screening mammography under
such section 1833(t) but for this subsection.
(b) Not Counting Certain Radiology Residents Against Graduate
Medical Education Limitations.--
(1) In general.--For cost reporting periods beginning on or
after October 1, 2003, and before October 1, 2008, in applying
the limitations regarding the total number of full-time
equivalent residents in the field of allopathic or osteopathic
medicine under subsections (d)(5)(B)(v) and (h)(4)(F) of
section 1886 of the Social Security Act (42 U.S.C. 1395ww) for
a hospital, the Secretary of Health and Human Services shall
not take into account 1 additional resident in the field of
radiology per post-graduate year during each such cost
reporting period to the extent the hospital increases the
number of radiology residents above the number of such
residents for the hospital's most recent cost reporting period
ending before October 1, 2003.
(2) Treatment for entire period of training program.--The
provisions of paragraph (1) shall apply for each year of the
full-time equivalent resident's approved medical residency
training program in the field of radiology not taken into
account by reason of paragraph (1).
(c) Construction.--Nothing in this section shall be construed as
affecting the provisions of section 104(d) of the Medicare, Medicaid,
and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted
into law by section 1(a)(6) of Public Law 106-554) (relating to payment
for new technologies).
SEC. 3. IOM STUDY AND REPORT ON MEDICARE REIMBURSEMENT FOR GENDER-
SPECIFIC SERVICES.
(a) Study.--The Secretary of Health and Human Services shall enter
into an arrangement with the Institute of Medicine of the National
Academy of Sciences to conduct a study of--
(1) the relative value units established by the Secretary
under the medicare physician fee schedule under section 1848 of
the Social Security Act (42 U.S.C. 1395w-4) for physicians'
services that are gender-specific; and
(2) adjustments to payment amounts under the prospective
payment systems for inpatient hospital services (under section
1886(d) of such Act (42 U.S.C. 1395ww(d))) and for covered
skilled nursing facility services (under section 1888(e) of
such Act (42 U.S.C. 1395yy(e))) that are gender specific.
(b) Report.--
(1) In general.--Such arrangement shall provide that the
Institute shall submit to the Secretary a report on the study
conducted under subsection (a) by not later than December 31,
2004.
(2) Recommendations.--The report shall include such
recommendations regarding the appropriateness of adjusting the
relative value units for physicians' services or the
prospective payment amounts for inpatient hospital services or
covered skilled nursing facility services that are gender-
specific, as the Institute determines appropriate.
(3) Transmission to congress.--The Secretary shall promptly
transmit a copy of such report to Congress.
SEC. 4. MEDPAC STUDY AND REPORT ON MEDICARE REIMBURSEMENT FOR SCREENING
SERVICES.
(a) Study.--The Medicare Payment Advisory Commission shall conduct
a study of the relative value units established by the Secretary of
Health and Human Services under the medicare physician fee schedule
under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for
screening services that are reimbursed under such fee schedule.
(b) Report.--Not later than March 1, 2004, the Commission shall
submit to Congress a report on the study conducted under subsection
(a), together with such recommendations regarding the appropriateness
of adjusting the relative value units for screening services that are
reimbursed under the physician fee schedule as the Commission
determines appropriate. | Assure Access to Mammography Act of 2003 - Provides that, with respect to payment for a screening or diagnostic mammography furnished to a Medicare beneficiary, the amount of payment made to a hospital-based facility in which such screening or diagnostic mammography is performed during the applicable period is equal to 200 percent of the amount of payment that would otherwise apply under the Medicare fee schedule established under title XVIII of the Social Security Act with respect to the technical component of such screening or diagnostic mammography. Provides for not counting certain radiological residents against graduate medical education limitations.Directs the Secretary of Health and Human Services to enter into an arrangement with the Institute of Medicine of the National Academy of Sciences to study and report to the Secretary on Medicare reimbursement for gender-specific services.Directs the Medicare Payment Advisory Commission to study and report to Congress on Medicare reimbursement for screening services. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for enhanced reimbursement under the medicare program for screening and diagnostic mammography services, and for other purposes."} | 1,283 | 187 | 0.689651 | 1.967622 | 0.857618 | 6.219512 | 6.70122 | 0.963415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing the Department of
Veterans Affairs Accountability to Veterans Act of 2017''.
SEC. 2. ACCOUNTABILITY OF LEADERS FOR MANAGING THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by inserting after section 709 the following new section:
``Sec. 710. Annual performance plan for political appointees
``(a) In General.--The Secretary shall conduct an annual
performance plan for each political appointee of the Department that is
similar to the annual performance plan conducted for an employee of the
Department who is appointed as a career appointee (as that term is
defined in section 3132(a)(4) of title 5) within the Senior Executive
Service at the Department.
``(b) Elements of Plan.--Each annual performance plan conducted
under subsection (a) with respect to a political appointee of the
Department shall include, to the extent applicable, an assessment of
whether the appointee is meeting the following goals:
``(1) Recruiting, selecting, and retaining well-qualified
individuals for employment at the Department.
``(2) Engaging and motivating employees.
``(3) Training and developing employees and preparing those
employees for future leadership roles within the Department.
``(4) Holding each employee of the Department that is a
manager accountable for addressing issues relating to
performance, in particular issues relating to the performance
of employees that report to the manager.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is further amended by inserting after the item
relating to section 709 the following new item:
``710. Annual performance plan for political appointees.''.
SEC. 3. ACCOUNTABILITY OF SUPERVISORS AT DEPARTMENT OF VETERANS AFFAIRS
FOR HIRING WELL-QUALIFIED PEOPLE.
(a) Assessment During Probationary Period.--
(1) Determination required.--With respect to any employee
of the Department of Veterans Affairs who is required to serve
a probationary period in a position in the Department, the
Secretary of Veterans Affairs shall require the supervisor of
such employee to determine, during the 30-day period ending on
the date on which the probationary period ends, whether the
employee--
(A) has demonstrated successful performance; and
(B) should continue past the probationary period.
(2) Limitation on employment after probationary period.--
(A) In general.--Except as provided in subparagraph
(B), no employee of the Department serving a
probationary period as described in paragraph (1) may
complete that probationary period unless and until the
supervisor of the employee, or another supervisor
capable of making the requisite determination, has made
an affirmative determination under such paragraph.
(B) Probationary period deemed completed.--
(i) No determination.--If no determination
under paragraph (1) is made with respect to an
employee before the end of the 60-day period
following the end of the 30-day period
specified in such paragraph, the employee shall
be deemed to have completed the probationary
period of the employee effective as of the end
of that 60-day period.
(ii) Retroactive effect of determination.--
If an affirmative determination under paragraph
(1) is made with respect to an employee after
the end of the 30-day period specified in such
paragraph, the employee shall be deemed to have
completed the probationary period of the
employee effective as of the end of that 30-day
period.
(3) Notification to congress regarding determinations.--Not
less frequently than monthly, the Secretary shall notify the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives
regarding--
(A) each instance during such month in which a
supervisor did not make a determination required under
paragraph (1) during the period required in such
paragraph; and
(B) each such instance included in a previous
notification under this paragraph for which the
supervisor still has not made such a determination.
(b) Supervisors.--With respect to any employee of the Department
who is serving a probationary period in a supervisory position at the
Department, successful performance under subsection (a) shall include
demonstrating management competencies in addition to the technical
skills required for such position.
(c) Performance Plan.--Each annual performance plan conducted for a
supervisor of an employee serving a probationary period shall hold the
supervisor accountable for--
(1) providing regular feedback to such employee during such
period before making a determination under subsection (a)
regarding the probationary status of such employee; and
(2) making a timely determination under subsection (a)
regarding the probationary status of such employee.
(d) Supervisor Defined.--In this section, the term ``supervisor''
has the meaning given such term in section 7103(a) of title 5, United
States Code.
SEC. 4. ACCOUNTABILITY OF MANAGERS FOR ADDRESSING PERFORMANCE OF
EMPLOYEES.
The Secretary of Veterans Affairs shall ensure that, as a part of
the annual performance plan of an employee of the Department of
Veterans Affairs who is a manager, the manager is evaluated on the
following:
(1) Taking action to address poor performance and
misconduct among the employees that report to the manager.
(2) Taking steps to improve or sustain high levels of
employee engagement.
SEC. 5. WRITTEN OPINION ON CERTAIN EMPLOYMENT RESTRICTIONS AFTER
TERMINATING EMPLOYMENT WITH THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Subchapter I of chapter 7 of title 38, United
States Code, is further amended by adding at the end the following new
section:
``Sec. 717. Written opinion on certain employment restrictions after
terminating employment with the Department
``(a) In General.--Before terminating employment with the
Department, any official of the Department who has participated
personally and substantially during the one-year period ending on the
date of the termination in an acquisition by the Department that
exceeds $10,000,000 shall obtain a written opinion from an appropriate
ethics counselor at the Department regarding any restrictions on
activities that the official may undertake on behalf of a covered
contractor during the two-year period beginning on the date on which
the official terminates such employment.
``(b) Covered Contractor Defined.--In this section, the term
`covered contractor' means a contractor carrying out a contract entered
into with the Department, including pursuant to a subcontract.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is further amended by inserting after the item
relating to section 715 the following new item:
``717. Written opinion on certain employment restrictions after leaving
the Department.''.
SEC. 6. REQUIREMENT FOR CONTRACTORS OF THE DEPARTMENT EMPLOYING CERTAIN
RECENTLY SEPARATED DEPARTMENT EMPLOYEES.
(a) In General.--Subchapter II of chapter 81 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 8129. Requirement for contractors employing certain recently
separated Department employees
``(a) In General.--A covered contractor may not knowingly provide
compensation to an individual described in subsection (b) during the
two-year period beginning on the date on which the individual
terminates employment with the Department unless the covered contractor
determines that the individual--
``(1) has obtained the written opinion required under
section 717(a) of this title; or
``(2) has requested such written opinion not later than 30
days before receiving compensation from the covered contractor.
``(b) Individual Described.--An individual described in this
subsection is any official of the Department who participated
personally and substantially during the one-year period ending on the
date of the termination individual's employment with the Department in
an acquisition by the Department that exceeds $10,000,000.
``(c) Covered Contractor Defined.--In this section, the term
`covered contractor' means a contractor carrying out a contract entered
into with the Department, including pursuant to a subcontract.''.
(b) Application.--The requirement under section 8129(a) of title
38, United States Code, as added by subsection (a), shall apply with
respect to any entity that enters into a contract with the Department
on or after the date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by inserting after the item
relating to section 8128 the following new item:
``8129. Requirement for contractors employing certain recently
separated Department employees.''.
Passed the Senate May 25, 2017.
Attest:
JULIE E. ADAMS,
Secretary. | Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2017 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to conduct an annual performance plan for each political appointee that is similar to the plan conducted for career appointee Senior Executive Service employees. Each plan conducted with respect to a VA political appointee shall assess whether such appointee is: (1) recruiting and retaining well-qualified individuals, (2) motivating employees, (3) training and developing employees and preparing them for future leadership roles, and (4) holding managers accountable for addressing performance issues. (Sec. 3) The supervisor of a probationary VA employee shall determine, during the 30-day period ending on the date on which the probationary period ends, whether the employee has demonstrated successful performance and should continue past the probationary period. No VA employee serving a probationary period may complete such period until the employee's supervisor or another appropriate supervisor has made an affirmative performance determination. If no such determination is made before the end of the 60-day period following such 30-day period, the probationary period shall be deemed to have been completed. The VA shall notify Congress at least monthly regarding negative determinations. A successful assessment of a supervisor's probationary period shall include demonstration of management competencies, in addition to the technical skills required for such position. A supervisor's performance plan shall include feedback on his or her actions during an employee's probationary period. (Sec. 4) The VA shall ensure that, as a part of a manager's annual performance plan, the manager is evaluated on actions taken to: (1) address poor employee performance and misconduct, and (2) improve or sustain high levels of employee engagement. (Sec. 5) Before terminating VA employment, an official who has participated personally and substantially during the past year in a VA acquisition that exceeds $10 million shall obtain a written opinion from a VA ethics counselor regarding any restrictions on activities that the official may undertake on behalf of a contractor carrying out a VA contract (covered contractor) during the two-year period after the official terminates VA employment. A covered contractor may not knowingly provide compensation to such a separated VA official during the two-year period after separation unless the contractor determines that the individual has obtained or requested such opinion. | {"src": "billsum_train", "title": "Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2017"} | 1,998 | 494 | 0.730918 | 2.47338 | 0.850737 | 3.617582 | 3.892308 | 0.931868 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cord Blood Stem Cell Act of 2003'' .
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. It can also be used for
scientific research involving its stem cells.
(3) Advantages of cord blood stem cell transplants relative
to bone marrow transplants include the reduction of risks to
the donor, availability of donor cell units in days rather than
months, and lower risk of transplant complications, including
graft versus host disease and latent virus infections (such as
Epstein-Barr virus or Cytomegalovirus).
(4) In conventional bone marrow transplantation, matched
siblings are the preferred donors, but only 30 percent of
patients have a matched sibling. When no sibling match is
found, a search is initiated for an unrelated donor.
(5) Finding a fully matched unrelated donor optimizes the
chances of successful bone marrow transplantation. In
conventional bone marrow transplantation, patients of ethnic
minorities generally have difficulty finding fully matched
donors, leaving partially matched transplants as their only
transplant option. Partially matched bone marrow
transplantation leads to a disproportionately high rate of
complications, including graft versus host disease and
mortality.
(6) Cord blood stem cell banks would provide increased
genetic diversity in the supply of donors and increase the
opportunity to identify fully matched and partially matched
transplant units for qualified candidates. Cord blood stem cell
transplants using partially matched units reduce the risk of
graft versus host disease with its attending morbidity and
mortality as compared to conventional bone marrow
transplantation.
(7) Identifying and delivering an unrelated bone marrow
donor from among the several millions in the National registry
typically requires many months, sometimes more than 1 year. An
inventory of 150,000 cord blood stem cell units, that takes
into account the ethnic diversity of the country, would help
provide appropriate matches for at least 90 percent of those
seeking matched cord blood stem cell transplants, within days
of a formal request.
(8) Matched donors are more likely within the same ethnic
group as the patient's. Some genetic conditions are also 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. For this reason, an African
American patient is much more likely to find a suitable
unrelated cord blood donor as compared to a matched bone marrow
donor. With an ethnically balanced national cord blood bank of
at least 150,000 units, some 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.
(9) Since its inception in 1987, the National Marrow Donor
Program has facilitated 17,000 bone marrow transplants. Cord
blood transplantation complements conventional bone marrow
transplantation by providing appropriately matched units to
patients, especially those of non-caucasoid ethnicity, who have
a much lower probability of finding an adequate match through
the National Marrow Donor Program. Cord blood is one of the
sources of stem cells used in transplantation, however, its
collection, preparation, storage and dissemination require
specific systems and expertise.
(10) Radiation exposure, from accidents or hostile actions
could cause bone marrow failure in a portion of those exposed,
requiring treatment including bone marrow reconstitution. In
these cases the rapid availability of cryopreserved cord blood
stem cell units may be important. Years later, those exposed
would incur an increased risk of leukemia orlymphoma, which
might also require stem cell transplantation.
(11) 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 2004, and $30,000,000 for fiscal year 2005 and such
sums as may be necessary for each of fiscal years 2006 through 2008 or
until the 150,000 unit inventory is successfully acquired.''. | Cord Blood Stem Cell Act of 2003 - 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, to 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. Lists the purposes of qualifying donor banks and requirements qualifying donor banks must meet.
Directs the Secretary, acting through the Administrator, to establish as part of the Network a National Cord Blood Stem Cell Registry. Sets forth the functions of the Registry, which shall include: (1) operating a system for identifying, acquiring, and distributing donated units or cord blood; and (2) maintaining a database with certain information, including the clinical outcomes of all transplantations related to the Network. | {"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."} | 3,066 | 176 | 0.51037 | 1.427992 | 0.784551 | 4.512346 | 17.530864 | 0.919753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Accountability Act of
1996''.
SEC. 2. CONGRESSIONAL ACCOUNTABILITY: REQUIREMENT FOR CONGRESS TO
APPROVE REGULATORY COSTS THAT MAY BE IMPOSED UNDER NEW
AND REAUTHORIZED FEDERAL REGULATORY LAWS.
(a) Definitions.--Section 421 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 658) is amended--
(1) in paragraph (7) (relating to the definition of the
term ``Federal private sector mandate'') by inserting ``a
controlled Federal private sector mandate described in
paragraph (14)(B) or a'' after ``means''; and
(2) by adding at the end the following new paragraphs:
``(14) Controlled federal private sector mandate.--The term
`controlled Federal private sector mandate' means--
``(A) a Federal private sector mandate that will
result in costs for the private sector of $100,000,000
or more; or
``(B) a provision in legislation, that authorizes
appropriations to implement or enforce a Federal
private sector mandate under an existing Federal law
that will result in the imposition on the private
sector, after the first date for which appropriations
are authorized under the provision, of $100,000,000 or
more in costs.
``(15) Controlled private regulatory legislation.--The term
`controlled private regulatory legislation' means a bill, joint
resolution, amendment, motion, or conference report that
contains a controlled Federal private sector mandate.
``(16) Regulatory cost authorization.--The term `regulatory
cost authorization' means a statement of a dollar amount of
costs incurred by the private sector that are authorized to
result from regulations that--
``(A) implement or enforce a controlled Federal
private sector mandate, in the case of a controlled
Federal private sector mandate described in paragraph
(14)(A); or
``(B) implement or enforce a Federal private sector
mandate with respect to which appropriations are
authorized by a controlled Federal private sector
mandate described in paragraph (14)(B).
``(17) Costs.--In paragraphs (14) and (16) of this section
and section 424(b)(4) only, the term `costs' means the
reasonably quantifiable costs, including social, environmental,
and economic, that are expected to result directly or
indirectly from implementation of, or compliance with, a rule or an
alternative to a rule.''.
(b) Requirement for Regulatory Cost Authorization.--Section 425(a)
of the Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 658d(a)) is amended--
(1) in paragraph (1) by striking ``and'' after the
semicolon at the end;
(2) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) any controlled private regulatory legislation, unless
the legislation specifies a regulatory cost authorization--
``(A) in the case of a controlled Federal private
sector mandate described in section 421(14)(A), for
each controlled Federal private sector mandate
contained in the legislation; and
``(B) in the case of a controlled Federal private
sector mandate described in section 421(14)(B), for
each Federal private sector mandate with respect to
which appropriations are authorized by the controlled
Federal private sector mandate.''.
(c) Requirement for CBO Scoring of Costs of Controlled Federal
Private Sector Mandates.--Section 424(b) of the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C. 658c(b)) is amended by
adding at the end the following new paragraph:
``(4) Controlled federal private sector mandates.--In
addition to the other information required by this subsection,
the Director shall prepare and include in the statement--
``(A) an identification of each controlled Federal
private sector mandate in the bill or joint resolution;
and
``(B) for each controlled Federal private sector
mandate identified under subparagraph (A)--
``(i) in the case of a controlled Federal
private sector mandate described in section
421(14)(A), an estimate of the costs that will
be incurred by the private sector under the
controlled Federal private sector mandate; or
``(ii) in the case of a controlled Federal
private sector mandate described in section
421(14)(B), an estimate of the costs that will
be incurred by the private sector, after the
first date for which appropriations are
authorized under the mandate, to comply with
each Federal private sector mandate with
respect to which appropriations are authorized
by the controlled Federal private sector
mandate.''.
SEC. 3. RESTRICTION ON PRIVATE REGULATORY COSTS EXCEEDING CONGRESSIONAL
AUTHORIZATION.
(a) Rules Exceeding Regulatory Cost Authorization Not Effective.--
Notwithstanding any other provision of law, and except as provided in
subsection (d)--
(1) the total amount of costs that are required to be
incurred by the private sector to comply with covered
regulations issued under a covered law may not exceed the
regulatory cost authorization for that covered law; and
(2) a proposed covered regulation shall not take effect
unless the Director has published in the Federal Register a
certification under this section that implementation of the
regulation will not violate paragraph (1).
(b) Scoring of Covered Regulations by OMB.--
(1) Submission requirement.--Before issuing a final covered
regulation, the head of an agency shall submit the proposed
covered regulation to the Director with a request that the
Director certify under this section that implementation of the
regulation will not violate subsection (a)(1).
(2) Issuance or denial of certification.--Not later than 90
days after receiving a request for certification under
paragraph (1) for a proposed covered regulation, the Director
shall--
(A) after publication of notice and an opportunity
for public comment, estimate the costs that would be
incurred by the private sector in complying with the
regulation;
(B) determine whether implementation of the
regulation would violate subsection (a)(1); and
(C) publish in the Federal Register the estimate
under subparagraph (A) and--
(i) a certification that implementation of
the regulation will not violate subsection
(a)(1); or
(ii) a finding that implementation of the
regulation would violate subsection (a)(1).
(c) Maintenance of Record of Aggregate Costs of Covered
Regulations.--The Director shall maintain and make publicly available
for each covered law an estimate of the costs required to be incurred
by the private sector to comply with each covered regulation in effect
under the covered law.
(d) Emergency Exception.--Subsection (a) shall not apply to a
regulation for which the President issues a written finding that the
regulation is necessary because of an emergency.
(e) Definitions.--In this section:
(1) Covered law.--The term ``covered law'' means a
provision of law that--
(A) is a controlled Federal private sector mandate
under section 421(14)(A) of the Congressional Budget
and Impoundment Control Act of 1974, as amended by
section 2 of this Act; or
(B) is a Federal private sector mandate that may be
implemented or enforced using amounts appropriated
under the authority of a provision which, when
considered by Congress as legislation, was a controlled
Federal private sector mandate under section 421(14)(B)
of that Act.
(2) Covered regulation.--The term ``covered regulation''
means a regulation issued under the authority of a covered law
after the date of the enactment of this Act.
(3) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(4) Regulatory cost authorization.--(A) Subject to
subparagraph (B), the term ``regulatory cost authorization''
has the meaning given that term is section 421 of the
Congressional Budget and Impoundment Control Act of 1974, as
amended by section 2 of this Act.
(B) In the case of a covered law for which there is not a
regulatory cost authorization as defined in that section, the
regulatory cost authorization for the covered law is deemed to
be zero.
(5) Miscellaneous terms.--Each of the terms ``costs'',
``Federal private sector mandate'', and ``private sector'' has
the meaning given that term in section 421 of the Congressional
Budget and Impoundment Control Act of 1974, as amended by
section 2 of this Act.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect on January 4, 1997. | Regulatory Accountability Act of 1996 - Amends the Congressional Budget and Impoundment Control Act of 1974 with regard to Federal mandates to make it out of order in the House of Representatives or the Senate to consider any new or reauthorized measure (controlled private regulatory legislation) imposing costs on the private sector of $100 million or more (controlled Federal private sector mandate) unless it specifies a regulatory cost authorization for each such mandate of the dollar amount of private sector costs authorized to result from implementing or enforcing regulations. Requires the Congressional Budget Office to estimate the costs of mandate compliance for each measure reported by an authorization committee.
Prohibits the total amount of private sector compliance costs from exceeding the regulatory cost authorization for a covered law. Prohibits a proposed covered regulation from taking effect unless the Director of the Office of Management and Budget (OMB) has certified in the Federal Register that its implementation will not violate the first prohibition. Exempts from such prohibitions any regulation which the President finds is necessary because of an emergency. Requires such estimates to be publicly available for each covered law. | {"src": "billsum_train", "title": "Regulatory Accountability Act of 1996"} | 1,976 | 244 | 0.586772 | 1.586124 | 0.869792 | 2.419512 | 8.487805 | 0.809756 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine for Regulatory Decrees and
Settlements Act of 2012''.
SEC. 2. CONSENT DECREE AND SETTLEMENT REFORM.
(a) Application.--The provisions of this section apply in the case
of--
(1) a consent decree or settlement agreement in an action
to compel agency action alleged to be unlawfully withheld or
unreasonably delayed that pertains to a regulatory action that
affects the rights of private parties other than the plaintiff
or the rights of State, local or Tribal government entities--
(A) brought under chapter 7 of title 5, United
States Code; or
(B) brought under any other statute authorizing
such an action; and
(2) any other consent decree or settlement agreement that
requires agency action that pertains to a regulatory action
that affects the rights of private parties other than the
plaintiff or the rights of State, local or Tribal government
entities.
(b) In General.--In the case of an action to be resolved by a
consent decree or a settlement agreement described in paragraph (1),
the following shall apply:
(1) The complaint in the action, the consent decree or
settlement agreement, the statutory basis for the consent
decree or settlement agreement and its terms, and any award of
attorneys' fees or costs shall be published, including
electronically, in a readily accessible manner.
(2) Until the conclusion of an opportunity for affected
parties to intervene in the action, a party may not file with
the court a motion for a consent decree or to dismiss the case
pursuant to a settlement agreement.
(3) In considering a motion to intervene by any party that
would be affected by the agency action in dispute, the court
shall presume, subject to rebuttal, that the interests of that
party would not be represented adequately by the current
parties to the action. In considering a motion to intervene
filed by a State, local or Tribal government entity, the court
shall take due account of whether the movant--
(A) administers jointly with the defendant agency
the statutory provisions that give rise to the
regulatory duty alleged in the complaint; or
(B) administers State, local or Tribal regulatory
authority that would be preempted by the defendant
agency's discharge of the regulatory duty alleged in
the complaint.
(4) If the court grants a motion to intervene in the
action, the court shall include the plaintiff, the defendant
agency, and the intervenors in settlement discussions.
Settlement efforts conducted shall be pursuant to a court's
mediation or alternative dispute resolution program, or by a
district judge, magistrate judge, or special master, as
determined by the assigned judge.
(5) The defendant agency shall publish in the Federal
Register and by electronic means any proposed consent decree or
settlement agreement for no fewer than 60 days of public
comment before filing it with the court, including a statement
of the statutory basis for the proposed consent decree or
settlement agreement and its terms, allowing comment on any
issue related to the matters alleged in the complaint or
addressed or affected by the consent decree or settlement
agreement.
(6) The defendant agency shall--
(A) respond to public comments received under
paragraph (5); and
(B) when moving that the court enter the consent
decree or for dismissal pursuant to the settlement
agreement--
(i) inform the court of the statutory basis
for the proposed consent decree or settlement
agreement and its terms;
(ii) submit to the court a summary of the
public comments and agency responses;
(iii) certify the administrative record of
the notice and comment proceeding to the court;
and
(iv) make that record fully accessible to
the court.
(7) The court shall include in the judicial record the
administrative record certified by the agency under paragraph
(6).
(8) If the consent decree or settlement agreement requires
an agency action by a date certain, the agency shall, when
moving for entry of the consent decree or dismissal based on
the settlement agreement--
(A) inform the court of any uncompleted mandatory
duties to take regulatory action that the decree or
agreement does not address;
(B) how the decree or agreement, if approved, would
affect the discharge of those duties; and
(C) why the decree's or agreement's effects on the
order in which the agency discharges its mandatory
duties is in the public interest.
(9) The court shall presume, subject to rebuttal, that it
is proper to allow amicus participation by any party who filed
public comments on the consent decree or settlement agreement
during the court's consideration of a motion to enter the
decree or dismiss the case on the basis of the agreement.
(10) The court shall ensure that the proposed consent
decree or settlement agreement allows sufficient time and
procedure for the agency to comply with chapter 5 of title 5,
United States Code, and other applicable statutes that govern
rule making and, unless contrary to the public interest, the
provisions of any executive orders that govern rule making.
(11) The defendant agency may, at its discretion, hold a
public hearing pursuant to notice in the Federal Register and
by electronic means, on whether to enter into the consent
decree or settlement agreement. If such a hearing is held,
then, in accordance with paragraph (6), a summary of the
proceedings and certification of the hearing record shall be
provided to the court, access to the hearing record shall be
given to the court, and the full hearing record shall be
included in the judicial record.
(12) The Attorney General, in cases litigated by the
Department of Justice, or the head of the defendant Federal
agency, in cases litigated independently by that agency, shall
certify to the court his or her approval of any proposed
consent decree or settlement agreement that contains any of the
following terms--
(A) in the case of a consent decree, terms that--
(i) convert into mandatory duties the
otherwise discretionary authorities of an
agency to propose, promulgate, revise or amend
regulations;
(ii) commit the agency to expend funds that
Congress has not appropriated and that have not
been budgeted for the action in question, or
commit an agency to seek a particular
appropriation or budget authorization;
(iii) divest the agency of discretion
committed to it by Congress or the
Constitution, whether such discretionary power
was granted to respond to changing
circumstances, to make policy or managerial
choices, or to protect the rights of third
parties; or
(iv) otherwise afford relief that the court
could not enter on its own authority upon a
final judgment in the litigation; or
(B) in the case of a settlement agreement, terms
that--
(i) interfere with the agency's authority
to revise, amend, or issue rules through the
procedures set forth in chapter 5 of title 5,
United States Code, or any other statute or
executive order prescribing rule making
procedures for rule makings that are the
subject of the settlement agreement;
(ii) commit the agency to expend funds that
Congress has not appropriated and that have not
been budgeted for the action in question; or
(iii) provide a remedy for the agency's
failure to comply with the terms of the
settlement agreement other than the revival of
the action resolved by the settlement
agreement, if the agreement commits the agency
to exercise its discretion in a particular way
and such discretionary power was committed to
the agency by Congress or the Constitution to
respond to changing circumstances, to make
policy or managerial choices, or to protect the
rights of third parties.
(c) Annual Reports.--Each agency shall submit an annual report to
Congress on the number, identity, and content of complaints, consent
decrees, and settlement agreements described in paragraph (1) for that
year, the statutory basis for each consent decree or settlement
agreement and its terms, and any awards of attorneys fees or costs in
actions resolved by such decrees or agreements.
SEC. 3. MOTIONS TO MODIFY CONSENT DECREES.
When a defendant agency moves the court to modify a previously
entered consent decree described under section 2 and the basis of the
motion is that the terms of the decree are no longer fully in the
public interest due to the agency's obligations to fulfill other duties
or due to changed facts and circumstances, the court shall review the
motion and the consent decree de novo.
SEC. 4. EFFECTIVE DATE.
The provisions of this Act apply to any covered consent decree or
settlement agreement proposed to a court after the date of enactment of
this Act. | Sunshine for Regulatory Decrees and Settlements Act of 2012 - (Sec. 2) States that the provisions of this Act shall apply to: (1) a consent decree or settlement agreement in an action to compel agency action alleged to be unlawfully withheld or unreasonably delayed that pertains to a regulatory action that affects the rights of private parties other than the plaintiff or the rights of state, local, or tribal governments brought under judicial review provisions of the U.S. Code or under any other statute authorizing such an action; and (2) any other consent decree or settlement agreement that requires agency action that pertains to a regulatory action that affects the rights of private parties other than the plaintiff or the rights of state, local, or tribal governments.
Sets forth requirements with respect to actions to be resolved by a consent decree or settlement agreement under this Act, including requiring: (1) publication in a readily accessible manner (including electronically) of the complaint, the consent decree or settlement agreement, the statutory basis for the decree or agreement and its terms, and any award of attorneys' fees or costs; (2) an opportunity for affected parties to intervene in an action prior to the entry of a consent decree or settlement agreement; (3) referral to a mediation or alternative dispute resolution program after a motion to intervene is granted; (4) an opportunity for public comment on a proposed consent decree or settlement agreement before it is filed with a court; and (5) approval by the Attorney General of any proposed consent decree or settlement agreement in cases litigated by the Department of Justice (DOJ).
Requires each agency to submit an annual report to Congress on the number, identity, and content of complaints, consent decrees, and settlement agreements for that year, including the statutory basis for each decree or agreement and its terms, and any awards of attorneys fees or costs in actions resolved by decrees or agreements.
(Sec. 3) Requires a court to grant de novo review to any motion filed by an agency to modify a previously-entered consent decree if the basis of such motion is that the terms of the decree are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances.
(Sec. 4) Makes the provisions of this Act applicable to any covered consent decree or settlement agreement proposed to a court after the enactment of this Act. | {"src": "billsum_train", "title": "To impose certain limitations on consent decrees and settlement agreements by agencies that require the agencies to take regulatory action in accordance with the terms thereof, and for other purposes."} | 1,816 | 520 | 0.780782 | 2.597523 | 0.782638 | 5.707006 | 3.821656 | 0.968153 |
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