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SECTION 1. SHORT TITLE.
This Act may be cited as the ``CT Colonography Screening for
Colorectal Cancer Act of 2012''.
SEC. 2. COVERAGE OF COMPUTED TOMOGRAPHY COLONOGRAPHY SCREENING AS A
COLORECTAL CANCER SCREENING TEST UNDER MEDICARE.
(a) In General.--Section 1861(pp)(1) of the Social Security Act (42
U.S.C. 1395x(pp)(1)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) Screening computed tomography
colonography.''.
(b) Frequency Limits and Payment.--Section 1834(d) of such Act (42
U.S.C. 1395m(d)) is amended by adding at the end the following new
paragraph:
``(4) Screening computed tomography colonography.--
``(A) Fee schedule.--With respect to a colorectal
cancer screening test consisting of screening computed
tomography colonography, subject to subparagraph (B),
payment under section 1848 shall be consistent with
payment under such section for similar or related
services.
``(B) Payment limit.--In the case of screening
computed tomography colonography, payment under this
part shall not exceed such amount as the Secretary
specifies, based upon rates recognized for diagnostic
computed tomography colonography.
``(C) Facility payment limit.--Notwithstanding any
other provision of this title, in the case of an
individual who receives screening computed tomography
colonography--
``(i) in computing the amount of any
applicable coinsurance, the computation of such
coinsurance shall be based upon the fee
schedule under which payment is made for the
services; and
``(ii) the amount of such coinsurance shall
not exceed 25 percent of the payment amount
under the fee schedule described in
subparagraph (A).
``(D) Frequency limit.--No payment may be made
under this part for a colorectal cancer screening test
consisting of a screening computed tomography
colonography--
``(i) if the individual is under 50 years
of age; or
``(ii)(I) in the case of individuals at
high risk for colorectal cancer, if the
procedure is performed within the 23 months
after a previous screening computed tomography
colonography or a previous screening
colonoscopy; or
``(II) in the case of an individual who is
not at high risk for colorectal cancer, if the
procedure is performed within the 119 months
after a previous screening colonoscopy or
within the 59 months after a previous screening
flexible sigmoidoscopy or a previous screening
computed tomography colonography.''.
(c) Conforming Frequency Limits for Other Colorectal Cancer
Screening Tests.--
(1) Screening flexible sigmoidoscopy.--Paragraph (2)(E)(ii)
of section 1834(d) of the Social Security Act (42 U.S.C.
1395m(d)) is amended by inserting ``or screening computed
tomography colonography'' after ``previous screening flexible
sigmoidoscopy''.
(2) Screening colonoscopy.--Paragraph (3)(E) of such
section is amended--
(A) by inserting ``or screening computed tomography
colonography'' after ``23 months after a previous
screening colonoscopy''; and
(B) by inserting ``or screening computed tomography
colonography'' after ``screening flexible
sigmoidoscopy''.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2013.
SEC. 3. EXEMPTION OF SCREENING COMPUTED TOMOGRAPHY COLONOGRAPHY FROM
SPECIAL RULE ON PAYMENT FOR IMAGING SERVICES.
(a) In General.--Section 1848(b)(4)(B) of the Social Security Act
(42 U.S.C. 1395w-4(b)(4)(B)) is amended by inserting ``and screening
computed tomography colonography'' after ``diagnostic and screening
mammography''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to items and services furnished on or after January 1, 2013.
SEC. 4. REPORTS ON THE STATUS OF COVERING COMPUTED TOMOGRAPHY
COLONOGRAPHY AS A COLORECTAL CANCER SCREENING TEST UNDER
MEDICARE.
(a) Preliminary Report.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall submit a preliminary report to Congress on the status of coverage
of computed tomography colonography as a colorectal cancer screening
test under the Medicare program under title XVIII of the Social
Security Act, including the extent to which such coverage as required
by the amendments made by sections 2 and 3 has been implemented.
(b) Annual Report.--Not later than September 30 of each fiscal year
during the 5-year period beginning with fiscal year 2014, the Secretary
shall submit to the Congress, a status report on the following:
(1) The impact of screening computed tomography
colonography on the change in colorectal cancer screening
compliance of Medicare beneficiaries.
(2) The various utilization rates with respect to Medicare
beneficiaries for each available colorectal cancer screening
option before and after the availability of and coverage of
screening computed tomography colonography under the Medicare
program pursuant to the enactment of this Act, including--
(A) by initial CRC screening performed with respect
to a Medicare beneficiary per year, including the age
of the beneficiary when the initial screening was
performed; and
(B) by follow-on screening performed, whereby the
analysis demonstrates to what extent screening computed
tomography colonography was used as a substitute for a
previous screening procedure.
(3) Access to screening computed tomography colonography by
Medicare beneficiaries, especially in rural areas or
underserved populations, before and after the date of
implementation of coverage of such screening benefit under the
Medicare program pursuant to the enactment of this Act.
(4) Recommendations for such legislation and administrative
action as the Secretary determines appropriate to implement
this Act. | CT Colonography Screening for Colorectal Cancer Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide Medicare coverage for screening computed tomography colonography (CTC) as a colorectal cancer (CRC) screening test, and (2) exclude screening CTC from the meaning of "imaging services" for which there is a special rule regarding outpatient services department (OPD) fee schedule payments.
Directs the Secretary of Health and Human Services (HHS) to submit a preliminary report to Congress on the status of coverage of CTC as a CRC screening test under Medicare, including the extent to which such coverage as required by this Act has been implemented. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to cover screening computed tomography colonography as a colorectal cancer screening test under the Medicare program."} | 1,493 | 160 | 0.596958 | 1.576772 | 0.60759 | 3.707692 | 8.869231 | 0.861538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``J. Dennis Hastert Scholar Athlete
Act of 2002''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
Part A of title IV of the Higher Education Act of 1965 is amended
by inserting after subpart 8 (20 U.S.C. 1070f) the following new
subpart:
``Subpart 9--J. Dennis Hastert Scholar Athlete Scholarship Program
``SEC. 420M. STATEMENT OF PURPOSE; DEFINITIONS.
``(a) Purpose.--It is the purpose of this subpart to establish a J.
Dennis Hastert Scholar Athlete Scholarship Program--
``(1) to recognize and encourage scholar athletes; and
``(2) to promote the importance of participation in
intercollegiate athletics for the development of character,
initiative, and leadership as part of the educational
experience.
``(b) Definitions.--For purposes of this part--
``(1) the term `institution of higher education',
notwithstanding section 102, has the meaning provided in
section 101; and
``(2) the term `State' has the meaning provided in section
103(16).
``SEC. 420N. SCHOLARSHIPS AUTHORIZED.
``(a) Program Authority.--The Secretary is authorized, in
accordance with the provisions of this subpart, to make grants to
States to enable the States to award scholarships to individuals who
have demonstrated outstanding academic and athletic achievement and who
show promise of continuing that achievement.
``(b) Period of Award.--Scholarships under this section shall be
awarded for a period of not less than 1 or more than 4 years during the
first 4 years of study at any institution of higher education eligible
to participate in any programs assisted under this title. The State
educational agency administering the program in a State shall have
discretion to determine the period of the award (within the limits
specified in the preceding sentence).
``(c) Use at any Institution Permitted.--A student awarded a
scholarship under this subpart may attend any institution of higher
education.
``(d) Hastert Scholar Athletes.--Individuals awarded scholarships
under this subpart shall be known as `Hastert Scholar Athletes'.
``SEC. 420O. ALLOCATION AMONG STATES.
``(a) Allocation Formula.--From the sums appropriated pursuant to
section 420V for any fiscal year, the Secretary shall allocate to each
State that has an agreement under section 420P an amount that bears the
same ratio to the amount appropriated pursuant to section 420V as the
population of such State bears to the population of all the States that
have such an agreement, except that not less than $20,000 shall be made
available to any State for any such fiscal year.
``(b) Use of Census Data.--For the purpose of this section, the
population of a State and all the States shall be determined by the
most recently available data, satisfactory to the Secretary, from the
Bureau of the Census.
``(c) Consolidation by Insular Areas Prohibited.--Notwithstanding
section 501 of Public Law 95-134 (48 U.S.C. 1469a), funds allocated
under this part to an Insular Area described in that section shall be
deemed to be direct payments to classes of individuals, and the Insular
Area may not consolidate such funds with other funds received by the
Insular Area from any department or agency of the United States
Government.
``SEC. 420P. AGREEMENTS.
``The Secretary shall enter into an agreement with each State
desiring to participate in the scholarship program authorized by this
subpart. Each such agreement shall include provisions designed to
assure that--
``(1) the State educational agency will administer the
scholarship program authorized by this subpart in the State;
``(2) the State educational agency will comply with the
eligibility and selection provisions of this subpart;
``(3) the State educational agency will develop guidelines
to ensure that the scholarship funds in the aggregate will be
divided evenly between men and women;
``(4) from such divided scholarship funds, the State
educational agency will pay to each individual in the State who
is awarded a scholarship under this subpart $10,000, subject to
section 420S(a); and
``(5) the State educational agency will conduct outreach
activities to publicize the availability of scholarships under
this subpart to all eligible students in the State, with
particular emphasis on activities designed to assure that
students from low-income and moderate-income families have
access to the information on the opportunity for full
participation in the scholarship program authorized by this
subpart.
``SEC. 420Q. ELIGIBILITY OF SCHOLARS.
``(a) High School Graduation or Equivalent and Admission to
Institution Required.--Each student awarded a scholarship under this
subpart shall be a graduate of a public or private secondary school or
have the equivalent of a certificate of graduation as recognized by the
State in which the student resides and must have been admitted for
enrollment at an institution of higher education.
``(b) Selection Based on Promise of Academic and Athletic
Achievement.--Each student awarded a scholarship under this subpart--
``(1) must demonstrate quality academic and athletic
achievement and show promise of continued academic and athletic
achievement;
``(2) must indicate an intent to participate in
intercollegiate athletics; and
``(3) must be a member in good standing of a school-
recognized team to be eligible for any subsequent year
scholarship assistance, unless lack of participation is injury
related.
``SEC. 420R. SELECTION OF SCHOLARS.
``(a) Establishment of Criteria.--The State educational agency is
authorized to establish the criteria for the selection of scholars
under this subpart. Such criteria shall include an emphasis on sports
that are part of the Olympic Games or are not significant revenue
generators at particular institutions.
``(b) Adoption of Procedures.--The State educational agency shall
adopt selection procedures designed to ensure an equitable geographic
distribution of awards within the State.
``(c) Consultation Requirement.--In carrying out its
responsibilities under subsections (a) and (b), the State educational
agency shall consult with school administrators, school boards,
teachers, counselors, and parents.
``(d) Timing of Selection.--The selection process shall be
completed, and the awards made, prior to the end of each secondary
school academic year.
``SEC. 420S. STIPENDS AND SCHOLARSHIP CONDITIONS.
``(a) Amount of Award.--Each student awarded a scholarship under
this subpart shall receive a stipend of $10,000 for the academic year
of study for which the scholarship is awarded, except that in no case
shall the total amount of financial aid awarded to such student exceed
such student's total cost-of-attendance.
``(b) Use of Award.--The State educational agency shall establish
procedures to assure that a scholar athlete awarded a scholarship under
this subpart pursues a course of study at an institution of higher
education and continues to engage in athletic competition.
``SEC. 420U. CONSTRUCTION OF NEEDS PROVISIONS.
``Except as provided in section 471, nothing in this subpart, or
any other Act, shall be construed to permit the receipt of a
scholarship under this subpart to be counted for any needs test in
connection with the awarding of any grant or the making of any loan
under this Act or any other provision of Federal law relating to
educational assistance.
``SEC. 420V. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for this subpart--
``(1) $50,000,000 for fiscal year 2003;
``(2) $100,000,000 for fiscal year 2004;
``(3) $150,000,000 for fiscal year 2005; and
``(4) $200,000,000 for fiscal year 2006.''. | J. Dennis Hastert Scholar Athlete Act of 2002 - Amends part A of title IV of the Higher Education Act of 1965 to authorize the Secretary of Education to make grants to States to award scholarships for one to four years of study at institutions of higher education to individuals who have demonstrated outstanding academic and athletic achievement and show promise of continuing that achievement.Authorizes the Secretary to enter into agreements with States to assure that the scholarship program is administered to comply with specified requirements.Specifies student eligibility requirements based on promise of academic and athletic achievement.Authorizes State educational agencies to establish selection criteria with an emphasis on sports that are a part of the Olympic Games or are not significant revenue generators at particular institutions. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to establish a scholarship program to recognize scholar athletes, and for other purposes."} | 1,777 | 153 | 0.596934 | 1.57257 | 0.687223 | 4.631579 | 11.827068 | 0.917293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Unmanned Aircraft
Systems Modernization Act''.
SEC. 2. OPERATION OF UNMANNED AIRCRAFT SYSTEMS FOR EDUCATIONAL AND
RESEARCH PURPOSES.
(a) In General.--Subtitle B of title III of the FAA Modernization
and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) is
amended by adding at the end the following:
``SEC. 337. OPERATION OF UNMANNED AIRCRAFT SYSTEMS FOR EDUCATIONAL AND
RESEARCH PURPOSES.
``(a) In General.--Notwithstanding any other provision of law
relating to the incorporation of unmanned aircraft systems into the
plans and policies of the Federal Aviation Administration, including
this subtitle and any regulations, policies, advisory circulars, or
other materials promulgated by the Federal Aviation Administration
before, on, or after the date of the enactment of this section, an
institution of higher education may, within the United States, operate
an unmanned aircraft system without the specific approval of the
Federal Aviation Administration, and without registering the unmanned
aircraft system with the Federal Aviation Administration, if the
operation of that unmanned aircraft system meets the requirements of
subsection (b).
``(b) Requirements.--The operation of an unmanned aircraft system
by an institution of higher education meets the requirements of this
subsection if--
``(1) the institution has established and adopted a policy
relating to unmanned aircraft systems to ensure safe operation
of such systems, which may be a policy of more general
applicability in effect before the date of the enactment of
this section, but that shall include--
``(A) designation of a point of contact at the
institution for review and approval of operations of
unmanned aircraft systems by the institution; and
``(B) the requirement that operations of unmanned
aircraft systems by the institution be conducted under
the supervision of an operator in command;
``(2) the point of contact for the institution designated
pursuant to paragraph (1)(A) has--
``(A) been notified of the proposed operation of
the unmanned aircraft system;
``(B) confirmed that the proposed operation is for
educational or research purposes;
``(C) confirmed that the proposed operation is in
accordance with all applicable policies of the
institution of higher education, including any
applicable policies regarding--
``(i) safety;
``(ii) training or supervision
requirements;
``(iii) privacy; or
``(iv) any requirements to provide notice
to or obtain the permission of the institution
before conducting the proposed operation;
``(D) confirmed that the unmanned aircraft system
will be operated under the supervision of an operator
in command, who--
``(i) is trained in the safe operation of
the unmanned aircraft system;
``(ii) will be present during the entire
operation of the unmanned aircraft system;
``(iii) is prepared and able to take
immediate control of the unmanned aircraft
system;
``(iv) has full authority over, and
responsibility for, the safety of the operation
of the unmanned aircraft system; and
``(v) is responsible for ensuring that the
individuals who will operate the unmanned
aircraft system under the supervision of the
operator in command have received proper
training in the safe operation of the unmanned
aircraft system;
``(3) the unmanned aircraft system--
``(A) is operated not higher than 400 feet above
ground level;
``(B) is operated in a manner that will not create
a hazard to persons or property;
``(C) is, if capable of sustained flight, marked
with the identification and contact information of the
owner;
``(D) does not survey, create a nuisance on, or
overfly private property without the permission of the
owner of the private property;
``(E) gives right of way to, and avoids flying in
the proximity of, full-scale aircraft;
``(F) is operated at a site that is of sufficient
distance from populated areas to protect the safety of
persons and property; and
``(4) the institution of higher education notifies and
obtains permission from air traffic control or, for small
facilities, the airport manager, when the unmanned aircraft
system will be operated within--
``(A) 5 statute miles of an airport around which
the airspace is designated as class B or class C
airspace under part 71 of title 14, Code of Federal
Regulations;
``(B) 2 statute miles of any other airport or
heliport; or
``(C) airspace designated as restricted or
prohibited under part 73 of such title.
``(c) Form of Notifications and Permission.--The notifications and
permission required under subsection (b)(4) may, if agreed to by the
institution of higher education and air traffic control or the airport
or heliport manager, as appropriate, be in the form of a written
communication, to occur not less frequently than annually, regarding
the locations and conditions for any intended operation of unmanned
aircraft systems under this section.
``(d) Reporting of Incidents Involving Personal Injury or Property
Damage.--If an unmanned aircraft system operated by an institution of
higher education pursuant to this section is involved in any incident
resulting in personal injury or property damage (other than to the
unmanned aircraft system, to property of the institution, or to
individuals directly involved in the operation of the unmanned aircraft
system), the point of contact designated pursuant to subsection
(b)(1)(A) shall report the incident to the Federal Aviation
Administration not later than 10 days after the incident.
``(e) Definitions.--In this section:
``(1) Educational or research purposes.--The term
`educational or research purposes', with respect to the
operation of an unmanned aircraft system by an institution of
higher education, includes--
``(A) instruction of students at the institution;
``(B) activities of student organizations
recognized by or registered with the institution; and
``(C) activities undertaken by the institution as
part of research projects, including research projects
sponsored by the Federal Government.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).''.
(b) Clerical Amendment.--The table of contents for the FAA
Modernization and Reform Act of 2012 is amended by inserting after the
item relating to section 336 the following:
``Sec. 337. Operation of unmanned aircraft systems for educational and
research purposes.''. | Higher Education Unmanned Aircraft Systems Modernization Act This bill amends the FAA Modernization and Reform Act of 2012 to authorize an institution of higher education to operate an unmanned aircraft system within the United States without the specific approval of, and without registering the system with, the Federal Aviation Administration (FAA) if: the institution has adopted a policy to ensure safe operation of such systems, which shall include the designation of a point of contact at the institution for review and approval of such operation and the requirement that such operation be conducted under the supervision of an operator in command; the point of contact has confirmed that the proposed operation is for educational or research purposes, is in accordance with applicable policies of the institution regarding safety, training or supervision requirements, privacy, and prior notice and permission, and will occur under the supervision of an operator in command; the system is operated not higher than 400 feet above ground level and in a manner that will not create a hazard to persons or property, is marked with the identification and contact information of the owner, does not survey, create a nuisance on, or overfly private property without the permission of the property owner, gives right of way to, and avoids flying in the proximity of, full-scale aircraft, and is operated at a site that is of sufficient distance from populated areas to protect the safety of persons and property; and the institution notifies and obtains permission, at least annually, from air traffic control or the airport manager (for small facilities) when the system will be operated within five statute miles of an airport around which the airspace is designated as class B or class C airspace, within two statute miles of any other airport or heliport, or within airspace designated as restricted or prohibited. If an unmanned aircraft system operated by an institution of higher education is involved in any incident resulting in personal injury or property damage (other than to the system, to property of the institution, or to individuals directly involved in the system's operation), the point of contact shall report the incident to the FAA within 10 days. | {"src": "billsum_train", "title": "Higher Education Unmanned Aircraft Systems Modernization Act"} | 1,486 | 434 | 0.709031 | 2.257268 | 0.804915 | 5.309406 | 3.443069 | 0.967822 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Health Care Accessibility Act
of 2010''.
SEC. 2. LIABILITY PROTECTIONS FOR HEALTH PROFESSIONAL VOLUNTEERS AT
COMMUNITY HEALTH CENTERS.
Section 224 of the Public Health Service Act (42 U.S.C. 233) is
amended by adding at the end the following:
``(q)(1) For purposes of this section, a health professional
volunteer at an entity described in subsection (g)(4) shall, in
providing a health professional service eligible for funding under
section 330 to an individual, be deemed to be an employee of the Public
Health Service for a calendar year that begins during a fiscal year for
which a transfer was made under paragraph (4)(C). The preceding
sentence is subject to the provisions of this subsection.
``(2) In providing a health service to an individual, a health care
practitioner shall for purposes of this subsection be considered to be
a health professional volunteer at an entity described in subsection
(g)(4) if the following conditions are met:
``(A) The service is provided to the individual at the
facilities of an entity described in subsection (g)(4), or
through offsite programs or events carried out by the entity.
``(B) The entity is sponsoring the health care practitioner
pursuant to paragraph (3)(B).
``(C) The health care practitioner does not receive any
compensation for the service from the individual or from any
third-party payer (including reimbursement under any insurance
policy or health plan, or under any Federal or State health
benefits program), except that the health care practitioner may
receive repayment from the entity described in subsection
(g)(4) for reasonable expenses incurred by the health care
practitioner in the provision of the service to the individual.
``(D) Before the service is provided, the health care
practitioner or the entity described in subsection (g)(4) posts
a clear and conspicuous notice at the site where the service is
provided of the extent to which the legal liability of the
health care practitioner is limited pursuant to this
subsection.
``(E) At the time the service is provided, the health care
practitioner is licensed or certified in accordance with
applicable law regarding the provision of the service.
``(3) Subsection (g) (other than paragraphs (3) and (5)) and
subsections (h), (i), and (l) apply to a health care practitioner for
purposes of this subsection to the same extent and in the same manner
as such subsections apply to an officer, governing board member,
employee, or contractor of an entity described in subsection (g)(4),
subject to paragraph (4) and subject to the following:
``(A) The first sentence of paragraph (1) applies in lieu
of the first sentence of subsection (g)(1)(A).
``(B) With respect to an entity described in subsection
(g)(4), a health care practitioner is not a health professional
volunteer at such entity unless the entity sponsors the health
care practitioner. For purposes of this subsection, the entity
shall be considered to be sponsoring the health care
practitioner if--
``(i) with respect to the health care practitioner,
the entity submits to the Secretary an application
meeting the requirements of subsection (g)(1)(D); and
``(ii) the Secretary, pursuant to subsection
(g)(1)(E), determines that the health care practitioner
is deemed to be an employee of the Public Health
Service.
``(C) In the case of a health care practitioner who is
determined by the Secretary pursuant to subsection (g)(1)(E) to
be a health professional volunteer at such entity, this
subsection applies to the health care practitioner (with
respect to services performed on behalf of the entity
sponsoring the health care practitioner pursuant to
subparagraph (B)) for any cause of action arising from an act
or omission of the health care practitioner occurring on or
after the date on which the Secretary makes such determination.
``(D) Subsection (g)(1)(F) applies to a health care
practitioner for purposes of this subsection only to the extent
that, in providing health services to an individual, each of
the conditions specified in paragraph (2) is met.
``(4)(A) Amounts in the fund established under subsection (k)(2)
shall be available for transfer under subparagraph (C) for purposes of
carrying out this subsection.
``(B) Not later May 1 of each fiscal year, the Attorney General, in
consultation with the Secretary, shall submit to the Congress a report
providing an estimate of the amount of claims (together with related
fees and expenses of witnesses) that, by reason of the acts or
omissions of health professional volunteers, will be paid pursuant to
this section during the calendar year that begins in the following
fiscal year. Subsection (k)(1)(B) applies to the estimate under the
preceding sentence regarding health professional volunteers to the same
extent and in the same manner as such subsection applies to the
estimate under such subsection regarding officers, governing board
members, employees, and contractors of entities described in subsection
(g)(4).
``(C) Not later than December 31 of each fiscal year, the Secretary
shall transfer from the fund under subsection (k)(2) to the appropriate
accounts in the Treasury an amount equal to the estimate made under
subparagraph (B) for the calendar year beginning in such fiscal year,
subject to the extent of amounts in the fund.
``(5)(A) This subsection takes effect on October 1, 2011, except as
provided in subparagraph (B).
``(B) Effective on the date of the enactment of this subsection--
``(i) the Secretary may issue regulations for carrying out
this subsection, and the Secretary may accept and consider
applications submitted pursuant to paragraph (3)(B); and
``(ii) reports under paragraph (4)(B) may be submitted to
the Congress.''.
Passed the House of Representatives September 23, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Family Health Care Accessibility Act of 2010 - Amends the Public Health Service Act to deem a health professional volunteer providing primary health care to an individual at a community health center to be an employee of the Public Health Service for purposes of any civil action that may arise from providing services to patients. Sets forth conditions for such liability protection, including: (1) the service is provided to the individual at a community health center or through offsite programs or events carried out by such center; (2) the provider is sponsored by the community health center; (3) the health care practitioner does not receive any compensation for providing the service, except repayment for reasonable expenses; (4) before the service is provided, the health care practitioner or the center posts a clear and conspicuous notice at the site where the service is provided of the extent to which the legal liability of the health care practitioner is limited pursuant to this Act; (5) at the time the service is provided, the health care practitioner is licensed or certified in accordance with applicable law regarding the provision of the service; and (6) the Secretary of Health and Human Services (HHS) transfers funds to an account to cover costs for such coverage.
Considers an entity as sponsoring the health care practitioner if: (1) the entity submits an application to the Secretary; and (2) the Secretary determines that the health care practitioner is deemed to be an employee of the Public Health Service.
Requires the Attorney General to submit to Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the actions or omissions of health professional volunteers, will be paid pursuant to this Act during the calendar year that begins in the following fiscal year. Requires the Secretary to transfer such estimated amount from the claims fund to the appropriate accounts in the Treasury, subject to the extent of amounts in the fund.
Makes this Act effective on October 1, 2011, except permits upon its enactment: (1) the Secretary to issue regulations for carrying out this Act and to accept and consider applications under this Act; and (2) the Attorney General to submit reports to Congress under this Act. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under section 330 of such Act."} | 1,303 | 448 | 0.665919 | 2.065788 | 0.813529 | 5.081019 | 2.930556 | 0.923611 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intermodal Transportation Act of
2003''.
SEC. 2. INTERMODAL TRANSPORTATION FACILITIES PROGRAM.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5315 the following:
``Sec. 5316. Intermodal transportation facilities program
``(a) Establishment.--The Secretary shall establish and carry out
an intermodal transportation facilities program in accordance with this
section.
``(b) Grants.--In carrying out the program, the Secretary shall
make grants on a competitive basis to public or private entities to
finance projects for the construction, reconstruction, maintenance,
repair, and renovation of facilities, whether publicly or privately
owned, designed and operated to promote the intermodal transportation
of passengers.
``(c) Eligible Grant Recipients.--The Secretary shall make grants
for a project under this section directly to the public or private
entity that will develop or operate the facility receiving assistance
under the project.
``(d) Applications.--To be eligible to receive a grant for a
project under this section, an entity shall submit to the Secretary an
application at such time, in such form, and containing such information
as the Secretary may require. At a minimum, the application shall
contain a plan for the project and such additional information as the
Secretary may require to ensure full accountability for the obligation
and expenditure of amounts for the project.
``(e) Eligible Projects.--Facilities for which assistance may be
provided under the program include the following:
``(1) Facilities to connect urban or rural local transit,
van, and commuter services with intercity bus and rail
services.
``(2) Facilities to connect intercity bus, intercity rail,
local transit, van, and commuter services with commercial air
services.
``(3) Facilities to provide park and ride services at
suburban locations connecting with local mass transportation,
commuter services, and intercity bus and rail facilities.
``(4) Such other intermodal facilities as the Secretary
determines appropriate.
``(f) Priority.--In making grants under this section, the Secretary
shall give priority to projects that integrate all available modes of
intercity and local mass transportation in a community.
``(g) Federal Share.--The Federal share of the cost of a project
financed using amounts from a grant under this section shall not exceed
90 percent.
``(h) Applicability of Planning and Other Requirements.--The
Secretary may make a grant for a project under this section only after
finding that the project is part of the approved program of projects
required under sections 5303 through 5306. Section 5333(b) applies to a
project receiving assistance under this section.
``(i) Contract Authority.--A grant approved by the Secretary that
is financed with amounts made available to carry out this section is a
contractual obligation of the United States Government to pay the
Government's share of the cost of the project.
``(j) Authorization of Appropriations.--There shall be available
from the Highway Trust Fund to carry out this section $100,000,000 for
each of fiscal years 2004 through 2009. Such sums shall remain
available until expended.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 5315 the following:
``5316. Intermodal facilities program.''.
SEC. 3. RURAL CONNECTIONS TO AIRPORTS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5316, as inserted by section 2(a) of
this Act, the following:
``Sec. 5317. Rural connections to airports
``(a) In General.--The Secretary of Transportation shall carry out
a program to promote essential intercity bus and commercial van service
by private operators between non-urbanized and small urban areas and
primary airports, as defined in section 47102, including intermediate
points.
``(b) State Programs.--A State shall use amounts apportioned under
this section for eligible transportation projects that are included in
a State program of projects. The program shall be submitted annually to
the Secretary. The Secretary may approve the program only if the
Secretary finds that the program is consistent with the purposes of
this section and provides a fair distribution of amounts in the State.
``(c) Apportionment of Amounts.--The Secretary shall apportion
amounts made available to carry out this section among the States in
the same manner as amounts are apportioned under section 5311(c).
``(d) Eligible Projects.--Eligible projects under this section
include--
``(1) planning and marketing for eligible intercity bus and
commercial van service;
``(2) capital grants for bus terminals, park and ride
facilities, and joint-use facilities, including intermodal
terminals located at or near an airport or at any other
location, if there is a planned airport connection from the
facility;
``(3) operating grants through purchase-of-service
agreements, user-side subsidies, and demonstration projects;
``(4) developing and enhancing security procedures for bus
and commercial van passengers connecting to commercial air
services; and
``(5) enhancing connections between intercity bus or
commercial van service and commercial air services at the
airport.
``(e) Eligible Service Providers.--
``(1) In general.--Subject to paragraph (2), a State may
contract with a duly licensed private operator of intercity bus
or commercial van service to provide essential intercity bus or
commercial van service under the program.
``(2) Limitation.--Funds made available to carry out this
section may not be used to provide service that duplicates, in
whole or in part, service being provided by an existing private
operator without operating subsidy.
``(f) Federal Share.--The Federal share of the cost of a project
financed using amounts made available under this section shall not
exceed 90 percent.
``(g) Availability of Amounts.--Amounts apportioned to a State
under this section shall remain available until expended.
``(h) Relationship to Other Laws.--Section 5311(j) applies to this
section.
``(i) Authorization of Appropriations.--There shall be available
from the Highway Trust Fund to carry out this section--
``(1) $30,000,000 for each of fiscal years 2004, 2005, and
2006; and
``(2) $35,000,000 for each of fiscal years 2007, 2008, and
2009.
Such sums shall remain available until expended.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 5316, as inserted by
section 2(b) of this Act, the following:
``5317. Rural connections to airports.''.
SEC. 4. FUNDING FOR RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE
PROGRAM.
Section 3038(g) of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note; 112 Stat. 393) is amended--
(1) in paragraph (1)--
(A) by striking ``the following amounts'' and
inserting ``$15,000,000 for each of fiscal years 2004
through 2009''; and
(B) by striking `buses:'' and all that follows
before the last sentence and inserting ``buses.''; and
(2) in paragraph (2) by striking ``$6,800,000 shall be
available for fiscal years 2000 through 2003'' and inserting
``$5,000,000 shall be available for each of fiscal years 2004
through 2009''.
SEC. 5. NATIONAL TRANSPORTATION INFORMATION SYSTEM.
Chapter 53 of title 49, United States Code, is amended by adding at
the end the following:
``Sec. 5339. National transportation information system
``(a) Establishment.--The Secretary shall establish and carry out,
on a priority basis and in coordination with States and private
entities, a national public transportation information system in
accordance with this section.
``(b) Information To Be Included in System.--
``(1) In general.--The system shall include, to the maximum
extent practicable, for all public and private providers of
scheduled passenger transportation service over fixed routes,
information on--
``(A) service, fares, and schedules; and
``(B) availability of service accessible to persons
with disabilities.
``(2) Providers of scheduled passenger transportation
service defined.--In paragraph (1), the term `providers of
scheduled passenger transportation service' includes providers
of intercity bus and intercity rail service, commuter service,
local and rural transit service, and demand responsive
intercity bus service.
``(c) Public Access to System.--Information included in the system
shall be made available to the public, on a real-time basis, by
telephone and on the Internet. Such system shall be fully accessible to
persons with disabilities.
``(d) Deadline.--The system shall be fully operational not later
than 5 years after the date of enactment of this section.
``(e) Private Contractors.--The Secretary may carry out this
section by contracting with private entities to plan, construct,
operate, and maintain the system.
``(f) Federal Share.--The Federal share of the cost of a project
financed using amounts made available to carry out this section shall
not exceed 90 percent.
``(g) Authorization of Appropriations.--There shall be available
from the Highway Trust Fund to carry out this section--
``(1) $20,000,000 for each of fiscal years 2004 and 2005;
and
``(2) $10,000,000 for each of fiscal years 2006 through
2009.
Such sums shall remain available until expended.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``5339. National transportation information system.''.
SEC. 6. CAPITAL PROJECTS.
(a) Definition of Capital Project.--Section 5302(a)(1)(G)(ii) of
title 49, United States Code, is amended to read as follows:
``(ii) excluding construction of a
commercial revenue producing facility to the
extent that the facility is not intended to be
used to provide mass transportation or
intercity bus or rail transportation.''.
(b) Capital Investment Grants and Loans.--Section 5309(a)(1)(C) of
such title is amended to read as follows:
``(C) the capital costs of coordinating mass transportation
with other transportation, including costs associated with the
mass transportation, intercity bus, or intercity rail
components of facility projects intended to enhance such
coordination;''. | Intermodal Transportation Act of 2003 - Amends Federal transportation law to establish an intermodal transportation facilities program in which the Secretary of Transportation shall make grants on a competitive basis to public or private entities to finance projects for the construction, reconstruction, maintenance, repair, and renovation of facilities designed and operated to promote the intermodal transportation of passengers. Sets forth grant and project eligibility requirements. Sets the Federal share of project costs at no more than 90 percent.
Directs the Secretary to carry out a program to promote essential intercity bus and commercial van service by private operators between non-urbanized and small urban areas and primary airports, including intermediate points.
Amends the Transportation Equity Act for the 21st Century to set forth funding levels for grants to operators of over-the-road buses to increase accessibility for persons with disabilities under the rural transportation accessibility incentive program.
Establishes a national public transportation information system to provide for all public and private providers of scheduled passenger transportation service over fixed routes information on service, fares, schedules, and availability of service accessible to persons with disabilities.
Makes costs associated with the mass transportation, intercity bus, or intercity rail components of facility projects intended to enhance coordinating mass transportation with other transportation eligible for discretionary mass transportation grants and loans. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to authorize programs and activities to promote intermodal transportation of passengers, and for other purposes."} | 2,404 | 267 | 0.647572 | 1.62697 | 0.864091 | 5.082645 | 8.904959 | 0.917355 |
SECTION 1. PROGRAMS REGARDING EMPLOYEE OWNERSHIP AND PARTICIPATION.
(a) Establishment of Program.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Labor (referred to
in this Act as the ``Secretary'') shall establish a program to
facilitate the establishment of State programs to foster increased
employee ownership and greater employee participation in business
decisionmaking throughout the United States.
(b) Purpose of Program.--The Secretary shall establish the program
under subsection (a) to encourage State programs which focus on the
following:
(1) Activities involving education and outreach to inform
individuals about the possibilities and benefits of employee
ownership, gainsharing, and participation in business
decisionmaking, including financial education.
(2) Activities involving technical assistance to assist
employee efforts to become business owners.
(3) Training activities for employees and employers with
respect to methods of employee participation in business
decisionmaking.
(4) Activities involving training other organizations to
apply for funding under this section.
(c) Program Details.--In focusing on activities referred to in
subsection (b), the Secretary may include in the program provisions
that would--
(1) in the case of activities under subsection (b)(1)--
(A) target key groups such as retiring business
owners, unions, managers, trade associations, and
community organizations;
(B) encourage cooperation in organizing workshops
and conferences; and
(C) provide for the preparation and distribution of
materials concerning employee ownership and
participation;
(2) in the case of activities under subsection (b)(2)--
(A) provide for the performance of prefeasibility
assessments;
(B) provide assistance in the funding of objective
third party feasibility studies; and
(C) provide a data bank to help employees find
legal, financial, and technical advice in connection
with company ownership;
(3) in the case of activities under subsection (b)(3)--
(A) provide for courses on employee participation;
and
(B) provide for the development and fostering of
networks of employee-owned companies to spread the use
of successful participation techniques; and
(4) in the case of activities under subsection (b)(4)--
(A) provide for visits to existing programs
qualified under this Act by staff from new programs
receiving funding under this Act; and
(B) provide materials to be used by organizations
qualified under this Act.
(d) Regulations.--Regulations issued by the Secretary pursuant to
this Act shall include provisions assuring that any program within the
several States established for the purposes of this Act be--
(1) proactive in encouraging actions and activities that
will promote and encourage employee ownership of companies and
participation in decisionmaking in such companies; and
(2) comprehensive in emphasizing both employee ownership of
companies and employee participation in company decisionmaking
so as to boost productivity and broaden capital ownership.
(e) Grants.--Any program established pursuant to subsection (a)
shall provide for grants to the program within the several States in
accordance with section 4.
SEC. 2. OFFICE OF EMPLOYEE OWNERSHIP AND PARTICIPATION.
(a) Establishment.--The Secretary shall establish, within the
Department of Labor, the Office of Employee Ownership and Participation
(hereafter referred to as the ``Office'') to promote employee
ownership, gainsharing, and employee participation in company
decisionmaking.
(b) Functions.--The functions of the Office are to--
(1) support programs within the several States approved by
the Secretary as being in compliance with the program
established pursuant to section 1; and
(2) facilitate the formation of new programs within the
several States for the purpose of accomplishing the goals of
this Act.
(c) Duties.--In carrying out its functions under subsection (b),
the Office shall--
(1) in the case of activities under subsection (b)(1),
support those programs within the several States that are
designed to achieve the goals and purposes set forth in this
Act and to provide such support by--
(A) making matching Federal grants under section 4;
and
(B) acting as a clearinghouse on techniques
employed by the programs within the several States and
disseminating information to such programs, or funding
such information gathering and dissemination programs
by groups outside the Office; and
(2) in the case of activities under subsection (b)(2),
facilitate the formation of new programs by encouraging the
establishment of such programs in each of the 50 States,
including the holding or funding of an annual conference to
bring together representatives from States with existing
programs and representatives from States without such existing
programs.
SEC. 3. ORGANIZATION OF THE OFFICE.
(a) Director.--There shall be at the head of the Office a Director
of Employee Ownership and Participation (hereafter referred to as the
``Director'') who shall be appointed by the Secretary.
(b) Employees.--In carrying out the functions of the Office, the
Director may select, appoint, employ, and fix the compensation of such
employees as shall be necessary to carry out the functions of the
Office.
SEC. 4. GRANTS.
(a) In General.--For the purpose of making grants authorized under
the program established pursuant to section 1, the Office is authorized
to make grants for use in connection with programs within the several
States for any of the following activities:
(1) Education and outreach.
(2) Participation training.
(3) Technical studies, including prefeasibility and
feasibility studies.
(4) Activities facilitating cooperation among employee
ownership firms.
(5) Training for newly formed organizations to be provided
by existing organizations qualified under this Act, except that
such funding shall not exceed 10 percent of the total grants
under this Act.
(b) Matching.--
(1) In general.--Except as provided in paragraph (2),
grants under this section shall be made by the Office on a
matching basis, $1 of Federal money for every 50 cents of non-
Federal money.
(2) Grants for certain training.--Grants for activities
described in subsection (a)(5) shall not require non-Federal
matching contributions.
(c) Applications.--The Office shall prescribe the form and
information necessary for applications for grants under this section.
(d) Amounts and Conditions.--The Office shall determine the amounts
and the conditions for grants made under this section.
(e) Grants on Behalf of Other Entities.--
(1) State applications.--Each of the several States may
sponsor and submit applications on behalf of units of State or
local governments, State-supported institutions of higher
education, and nonprofit organization programs meeting the
requirements of this Act, but in no case shall the aggregate
amounts of these grants made to any unit of State or local
government, State-supported institutions of higher education,
or nonprofit organization programs exceed the amount set forth
in subsection (g).
(2) Applications by entities.--In any case in which a State
fails to establish a program pursuant to this Act during any
fiscal year, the Secretary shall allow in the subsequent fiscal
year entities described in paragraph (1) to make applications
for grants on their own initiative. States may submit
applications to the program in subsequent years but may not
screen applications by such entities before submission to the
program.
(f) Annual Report.--Each grant recipient shall submit an annual
report to the Office setting forth how all moneys from grants pursuant
to this Act were expended during the 12-month period preceding the date
of the submission of the report.
(g) Limitations.--Grants to each of the recipients shall be limited
for each fiscal year as follows:
(1) Fiscal year 1995, not to exceed, in the aggregate
$200,000.
(2) Fiscal year 1996, not to exceed, in the aggregate
$220,000.
(3) Fiscal year 1997, not to exceed, in the aggregate
$242,000.
(4) Fiscal year 1998, not to exceed, in the aggregate
$266,200.
(5) Fiscal year 1999, not to exceed, in the aggregate
$292,000.
SEC. 5. AUTHORIZATIONS.
(a) In General.--For the purpose of making grants pursuant to
section 4, there are authorized to be appropriated the following:
(1) For fiscal year 1995, $2,500,000.
(2) For fiscal year 1996, $4,250,000.
(3) For fiscal year 1997, $6,000,000.
(4) For fiscal year 1998, $7,750,000.
(5) For fiscal year 1999, $9,500,000.
(b) Administrative Expenses.--For the purpose of funding the
Office, there is authorized to be appropriated for each of the fiscal
years 1995 through 1999 an amount not in excess of the lesser of--
(1) $250,000, or
(2) 7.5 percent of the maximum amount available under
subsection (a).
SEC. 6. OFFICE REPORTING.
Not later than the expiration of the 36-month period following the
date of enactment of this Act, the Director shall report to the
Congress on the progress of employee ownership and participation in
businesses in the United States. The report shall include a critical
cost and benefit analysis of program activities. | Directs the Secretary of Labor to establish a program to facilitate the establishment of State programs to foster increased employee ownership and greater employee participation in business decisionmaking.
Requires the Secretary to establish the Office of Employee Ownership and Participation to support existing State programs and facilitate new State programs, including: (1) making of matching Federal grants; (2) acting as a clearinghouse for information; and (3) facilitating information exchange and promoting State programs.
Authorizes appropriations.
Requires the Director of the Office of Employee Ownership and Participation to report to the Congress. | {"src": "billsum_train", "title": "A bill to provide State programs to encourage employee ownership and participation in business decisionmaking throughout the United States."} | 1,913 | 121 | 0.593776 | 1.50035 | 0.520538 | 3.495413 | 17.201835 | 0.926606 |
SECTION 1. CLARIFICATION AND IMPROVEMENT OF AUTHORITIES RELATING TO
POST-9/11 EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED
FORCES AND VETERANS.
(a) Modification of Base Amounts of Educational Assistance.--
Section 3313(c)(1) of title 38, United States Code, is amended--
(1) in subparagraph (A), by striking ``may not exceed'' and
all that follows and inserting ``may not exceed the amount as
follows:
``(i) In the case of an individual enrolled
in an institution of higher learning located in
the United States, the maximum amount of
established charges regularly charged in-State
students for full-time pursuit of approved
programs of education for undergraduates by the
public institution of higher learning offering
approved programs of education in the State in
which the individual is enrolled that has the
highest rate of regularly charged established
charges for such programs of education among
all public institutions of higher learning in
such State offering such programs of education.
``(ii) In the case of an individual
enrolled in an institution of higher learning
located in the United States who is pursuing a
program of education at a branch of such
institution that is located outside the United
States, the maximum amount of established
charges regularly charged in-State students for
full-time pursuit of approved programs of
education for undergraduates by the public
institution of higher learning offering
approved programs of education in the State in
which is located the institution in which the
individual is enrolled that has the highest
rate of regularly charged established charges
for such programs of education among all public
institutions of higher learning in such State
offering such programs of education.
``(iii) In the case of an individual
enrolled in an institution of higher learning
not located in the United States, the average
amount of established charges charged in-State
students for full-time pursuit of approved
programs of education for undergraduates by
public institutions of higher learning
throughout the United States during the
preceding academic year.''; and
(2) in subparagraph (B)(i), by striking ``monthly housing
stipend amount'' and all that follows and inserting ``monthly
housing stipend in an amount as follows:
``(I) In the case of an individual
enrolled in an institution of higher
learning located in the United States,
an amount equal to the monthly amount
of the basic allowance for housing
payable under section 403 of title 37
for a member with dependents in pay
grade E-5 residing in the military
housing area that encompasses all or
the majority portion of the ZIP code
area in which is located the
institution of higher learning at which
the individual is enrolled.
``(II) In the case of an individual
enrolled in an institution of higher
learning located outside the United
States, an amount equal to the average
monthly amount of the basic allowance
for housing payable under section 403
of title 37 for a member with
dependents in pay grade E-5 residing in
the continental United States.''.
(b) Public-Private Contributions for Additional Educational
Assistance.--
(1) In general.--Subsection (a) of section 3317 of such
title is amended by striking the first sentence and inserting
the following new sentences: ``The Secretary shall carry out a
program under which a college or university (other than a
proprietary for-profit college or university) may, through
voluntary contributions, cover a portion of the established
charges for an approved program of education of an individual
entitled to educational assistance under this chapter that
would not otherwise be covered by section 3313(c)(1)(A).
Subject to subsection (d), such contributions shall be matched
by equivalent contributions toward such costs by the
Secretary.''.
(2) Requirements for participating institutions.--
Subsection (c) of such section is amended to read as follows:
``(c) Requirements for Participating Institutions.--A college or
university participating in the program under this section shall--
``(1) offer the same percentage of additional assistance to
all individuals receiving educational assistance under this
section who are pursuing a program of education at the college
or university;
``(2) submit to the Secretary a report on the manner
(whether by direct grant, scholarship, or otherwise) by which
the college or university shall cover portions of the
established charges of individuals under the program; and
``(3) submit to the Secretary a report on the amount of the
contribution to be made by the college or university for each
individual covered by the program.''.
(3) Matching contributions.--Paragraph (1) of subsection
(d) of such section is amended to read as follows:
``(1) In general.--The amount of any matching contribution
by the Secretary under the program under this section with
respect to the pursuit of a program of education by an
individual entitled to educational assistance under this
chapter may not exceed an amount equal to 50 percent of any
costs for tuition and mandatory fees for the individual's
pursuit of the program of education that are not otherwise
covered under section 3311(c)(1)(A).''.
(4) Regulations.--Subsection (e) of such section is amended
to read as follows:
``(e) Regulations.--The Secretary shall prescribe regulations to
carry out the program required by this section.''.
(c) Interim Implementation Authority.--Section 5003 of the Post-9/
11 Veterans Educational Assistance Act of 2008 (title V of Public Law
110-252) is amended by striking subsection (d) and inserting the
following new subsections:
``(d) Anticipation of Implementation.--The Secretary of Veterans
Affairs shall take appropriate actions to ensure that this section and
the amendments made by this section are implementable on the effective
date provided in subsection (e)(1), including the prescription of such
interim and final regulations for purposes of this section and the
amendments made by this section as the Secretary considers appropriate.
``(e) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
this section and the amendments made by this section shall take
effect on August 1, 2009.
``(2) Implementation.--Subsection (d) shall take effect on
the date of the enactment of this Act.''.
(d) Effective Date.--The amendments made by this section shall take
effect on June 30, 2008, as if included in the Post-9/11 Veterans
Educational Assistance Act of 2008, to which such amendments relate. | Revises the Department of Veterans Affairs (VA) program of educational assistance for veterans who have served in the Armed Forces since September 11, 2001, to provide the maximum rates to be paid to individuals pursuing programs of education outside the United States at branches of educational institutions: (1) based in the United States; and (2) not based in the United States.
Allows only public and private nonprofit institutions of higher education to participate in a VA program of public-private contributions for additional educational assistance for such veterans. Requires participating colleges and universities to: (1) report to the Secretary of Veterans Affairs on the manner in which the college or university would provide such additional assistance, and the amount provided to each participant; and (2) provide the same amount of additional assistance to all veterans receiving assistance at such college or university.
Requires the VA to ensure that the Post-9/11 educational assistance program can be implemented by August 1, 2009. Provides authority for interim regulations. | {"src": "billsum_train", "title": "An original bill to amend chapter 33 of title 38, United States Code, to clarify and improve authorities relating to the availability of post-9/11 veterans educational assistance, and for other purposes."} | 1,393 | 197 | 0.491555 | 1.431664 | 0.697071 | 1.947644 | 6.95288 | 0.827225 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Court Security
Improvement Act of 2005''.
SEC. 2. JUDICIAL BRANCH SECURITY REQUIREMENTS.
(a) Ensuring Consultation and Coordination With the Judiciary.--
Section 566 of title 28, United States Code, is amended by adding at
the end the following:
``(i) The Director of the United States Marshals Service shall
consult and coordinate with the Judicial Conference of the United
States on a continuing basis regarding the security requirements for
the judicial branch of the United States Government.''.
(b) Conforming Amendment.--Section 331 of title 28, United States
Code, is amended by adding at the end the following:
``The Judicial Conference shall consult and coordinate with the
Director of United States Marshals Service on a continuing basis
regarding the security requirements for the judicial branch of the
United States Government.''.
SEC. 3. PROTECTION OF FAMILY MEMBERS.
Section 105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended--
(1) in subparagraph (A), by inserting ``or a family member
of that individual'' after ``that individual''; and
(2) in subparagraph (B)(i), by inserting ``or a family
member of that individual'' after ``the report''.
SEC. 4. EXTENSION OF SUNSET PROVISION.
Section 105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C.
App) is amended by striking ``2005'' each place that term appears and
inserting ``2009''.
SEC. 5. PROTECTIONS AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS
AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT
OFFICERS.
(a) Offense.--Chapter 73 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1521. Retaliating against a Federal judge or Federal law
enforcement officer by false claim or slander of title
``(a) Whoever files or attempts to file, in any public record or in
any private record which is generally available to the public, any
false lien or encumbrance against the real or personal property of a
Federal judge or a Federal law enforcement official, on account of the
performance of official duties by that Federal judge or Federal law
enforcement official, knowing or having reason to know that such lien
or encumbrance is false or contains any materially false, fictitious,
or fraudulent statement or representation, shall be fined under this
title or imprisoned for not more than 10 years, or both.
``(b) As used in this section--
``(1) the term `Federal judge' means a justice or judge of
the United States as defined in section 451 of title 28, United
States Code, a judge of the United States Court of Federal
Claims, a United States bankruptcy judge, a United States
magistrate judge, and a judge of the United States Court of
Appeals for the Armed Forces, United States Court of Appeals
for Veterans Claims, United States Tax Court, District Court of
Guam, District Court of the Northern Mariana Islands, or
District Court of the Virgin Islands; and
``(2) the term `Federal law enforcement officer' has the
meaning given that term in section 115 of this title and
includes an attorney who is an officer or employee of the
United States in the executive branch of the Government.''.
(b) Clerical Amendment.--The chapter analysis for chapter 73 of
title 18, United States Code, is amended by adding at the end the
following new item:
``Sec. 1521. Retaliating against a Federal judge or Federal law
enforcement officer by false claim or
slander of title.''.
SEC. 6. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN OFFICIAL DUTIES.
(a) Offense.--Chapter 7 of title 18, United States Code, is amended
by adding at the end the following:
``Sec. 117. Protection of individuals performing certain official
duties
``(a) Whoever knowingly makes restricted personal information about
a covered official, or a member of the immediate family of that covered
official, publicly available, with the intent that such restricted
personal information be used to kill, kidnap, or inflict bodily harm
upon, or to threaten to kill, kidnap, or inflict bodily harm upon, that
covered official, or a member of the immediate family of that covered
official, shall be fined under this title and imprisoned not more than
5 years, or both.
``(b) As used in this section--
``(1) the term `restricted personal information' means,
with respect to an individual, the Social Security number, the
home address, home phone number, mobile phone number, personal
email, or home fax number of, and identifiable to, that
individual;
``(2) the term `covered official' means--
``(A) an individual designated in section 1114;
``(B) a Federal judge or Federal law enforcement
officer as those terms are defined in section 1521; or
``(C) a grand or petit juror, witness, or other
officer in or of, any court of the United States, or an
officer who may be serving at any examination or other
proceeding before any United States magistrate judge or
other committing magistrate; and
``(3) the term `immediate family' has the same meaning
given that term in section 115(c)(2).''.
(b) Clerical Amendment.--The chapter analysis for chapter 7 of
title 18, United States Code, is amended by adding at the end the
following new item:
``Sec. 117. Protection of individuals performing certain
official duties.''.
SEC. 7. PROHIBITION OF POSSESSION OF DANGEROUS WEAPONS IN FEDERAL COURT
FACILITIES.
Section 930(e)(1) of title 18, United States Code, is amended by
inserting ``or other dangerous weapon'' after ``firearm''.
SEC. 8. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A WITNESS.
Section 1513 of title 18, United States Code, is amended by adding
at the end the following:
``(g) A prosecution under this section may be brought in the
district in which the official proceeding (whether or not pending,
about to be instituted or completed) was intended to be affected, or in
which the conduct constituting the alleged offense occurred.''.
SEC. 9. WITNESS PROTECTION GRANT PROGRAM.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
is amended by inserting after part BB (42 U.S.C. 3797j et seq.) the
following new part:
``PART II--WITNESS PROTECTION GRANTS
``SEC. 2995. PROGRAM AUTHORIZED.
``(a) In General.--From amounts made available to carry out this
part, the Attorney General may make grants to States, units of local
government, and Indian tribes to create and expand witness protection
programs in order to prevent threats, intimidation, and retaliation
against victims of, and witnesses to, crimes.
``(b) Uses of Funds.--Grants awarded under this part shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the creation and expansion of witness
protection programs in the jurisdiction of the grantee.
``(c) Preferential Consideration.--In awarding grants under this
part, the Attorney General may give preferential consideration, if
feasible, to an application from a jurisdiction that--
``(1) has the greatest need for witness and victim
protection programs;
``(2) has a serious violent crime problem in the
jurisdiction; and
``(3) has had, or is likely to have, instances of threats,
intimidation, and retaliation against victims of, and witnesses
to, crimes.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2006 through 2010.''.
SEC. 10. GRANTS TO STATES TO PROTECT WITNESSES AND VICTIMS OF CRIMES.
(a) In General.--Section 31702 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(5) to create and expand witness and victim protection
programs to prevent threats, intimidation, and retaliation
against victims of, and witnesses to, violent crimes.''.
(b) Authorization of Appropriations.--Section 31707 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is
amended to read as follows:
``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $20,000,000 for each of
the fiscal years 2006 through 2010 to carry out this subtitle.''.
SEC. 11. ELIGIBILITY OF STATE COURTS FOR CERTAIN FEDERAL GRANTS.
(a) Purpose of Grants.--Section 510(b) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3760) is amended by inserting
``State courts,'' after ``institutions,''.
(b) Correctional Options Grants.--Section 515 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3762a) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) grants to State courts to improve security for State
and local court systems.''; and
(2) in subsection (b), by inserting after the period the
following:
``Priority shall be given to State court applicants under subsection
(a)(4) that have the greatest demonstrated need to provide security in
order to administer justice.''.
(c) Allocations.--Section 516(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3762b) is amended by--
(1) striking ``80'' and inserting ``70'';
(2) striking ``and 10'' and inserting ``10''; and
(3) inserting before the period the following: ``, and 10
percent for section 515(a)(4)''.
SEC. 12. UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.
Section 7253(e) of title 38, United States Code, is amended by
striking ``district courts'' and inserting ``Courts of Appeals''.
SEC. 13. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL JUDGES LIFE INSURANCE.
(a) Bankruptcy Judges.--Section 153 of title 28, United States
Code, is amended by adding at the end the following:
``(e) For purposes of construing and applying chapter 87 of title
5, United States Code, including any adjustment of insurance rates by
regulation or otherwise, a bankruptcy judge of the United States in
regular active service or who is retired under section 377 of this
title shall be deemed to be a judge of the United States described
under section 8701(a)(5) of title 5.''.
(b) United States Magistrate Judges.--Section 634(c) of title 28,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) For purposes of construing and applying chapter 87 of
title 5, United States Code, including any adjustment of
insurance rates by regulation or otherwise, a magistrate judge
of the United States in regular active service or who is
retired under section 377 of this title shall be deemed to be a
judge of the United States described under section 8701(a)(5)
of title 5.''.
(c) Territorial Judges.--
(1) Guam.--Section 24 of the Organic Act of Guam (48 U.S.C.
1424b) is amended by adding at the end the following:
``(c) For purposes of construing and applying chapter 87 of title
5, United States Code, including any adjustment of insurance rates by
regulation or otherwise, a judge appointed under this section who is in
regular active service or who is retired under section 373 of title 28,
United States Code, shall be deemed to be a judge of the United States
described under section 8701(a)(5) of title 5.''.
(2) Commonwealth of the northern mariana islands.--Section
1(b) of the Act of November 8, 1977 (48 U.S.C. 1821) is amended
by adding at the end the following:
``(5) For purposes of construing and applying chapter 87 of
title 5, United States Code, including any adjustment of
insurance rates by regulation or otherwise, a judge appointed
under this section who is in regular active service or who is
retired under section 373 of title 28, United States Code,
shall be deemed to be a judge of the United States described
under section 8701(a)(5) of title 5.''.
(3) Virgin islands.--Section 24(a) of the Revised Organic
Act of the Virgin Islands (48 U.S.C. 1614(a)) is amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following:
``(2) For purposes of construing and applying chapter 87 of
title 5, United States Code, including any adjustment of
insurance rates by regulation or otherwise, a judge appointed
under this section who is in regular active service or who is
retired under section 373 of title 28, United States Code,
shall be deemed to be a judge of the United States described
under section 8701(a)(5) of title 5.''.
SEC. 14. HEALTH INSURANCE FOR SURVIVING FAMILY AND SPOUSES OF JUDGES.
Section 8901(3) of title 5, United States Code, is amended--
(1) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (D), by adding ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(E) a member of a family who is a survivor of--
``(i) a Justice or judge of the United
States, as defined under section 451 of title
28, United States Code;
``(ii) a judge of the District Court of
Guam, the District Court of the Northern
Mariana Islands, or the District Court of the
Virgin Islands;
``(iii) a judge of the United States Court
of Federal Claims; or
``(iv) a United States bankruptcy judge or
a full-time United States magistrate judge.''. | Court Security Improvement Act of 2005 - Amends the federal judicial code to require the Director of the U.S. Marshals Service and the Judicial Conference of the United States to consult and coordinate with each other on a continuing basis on security requirements for the judicial branch.
Extends protections against disclosure of judges' personal information through 2009 and includes family members of judges in such disclosure protections.
Amends the federal criminal code to prohibit: (1) the recording of fictitious liens against the property of federal judges and law enforcement officers; (2) the public disclosure of restricted personal information about judges, law enforcement officials, jurors, witnesses, or their immediate family members, with the intent to harm such individuals; and (3) the possession of dangerous weapons in federal court facilities.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize the Attorney General to make grants to states, local governments, and Indian tribes to create and expand victim and witness protection programs; and (2) allow grants to states to improve security for for state and local court systems.
Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize grants to states to create and expand victim and witness protection programs.
Revises compensation standards for judges of the U.S. Court of Appeals for Veterans Claims.
Extends life insurance coverage to active and retired bankruptcy, magistrate, and territorial judges and health insurance coverage for surviving family members of federal judges. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to protect judges, prosecutors, witnesses, victims, and their family members, and for other purposes."} | 3,596 | 312 | 0.544134 | 1.562935 | 0.722667 | 3.238434 | 10.967972 | 0.903915 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Foreign Sanctions Act of
1995''.
SEC. 2. IMPOSITION OF SANCTIONS ON PERSONS ENGAGING IN TRADE WITH IRAN.
(a) Determination by the President.--
(1) In general.--The President shall impose the sanctions
described in subsection (b) if the President determines in
writing that, on or after the date of enactment of this Act, a
foreign person has, with requisite knowledge, engaged in trade
with Iran in any goods or technology (as defined in section 16
of the Export Administration Act of 1979).
(2) Persons against which the sanctions are to be
imposed.--The sanctions shall be imposed pursuant to paragraph
(1) on--
(A) the foreign person with respect to which the
President makes the determination described in that
paragraph;
(B) any successor entity to that foreign person;
(C) any foreign person that is a parent or
subsidiary of that person if that parent or subsidiary
with requisite knowledge engaged in the activities
which were the basis of that determination; and
(D) any foreign person that is an affiliate of that
person if that affiliate with requisite knowledge
engaged in the activities which were the basis of that
determination and if that affiliate is controlled in
fact by that person.
(b) Sanctions.--
(1) Description of sanctions.--The sanctions to be imposed
pursuant to subsection (a)(1) are, except as provided in
paragraph (2) of this subsection, as follows:
(A) Procurement sanction.--The United States
Government shall not procure, or enter into any
contract for the procurement of, any goods or services
from any person described in subsection (a)(2).
(B) Export sanction.--The United States Government
shall not issue any license for any export by or to any
person described in subsection (a)(2).
(C) Import sanction.--The importation into the
United States of any good or service from, or produced
(in whole or in part) by, any person described in
subsection (a)(2) is prohibited.
(2) Exceptions.--The President shall not be required to
apply or maintain the sanctions under this section--
(A) in the case of procurement of defense articles
or defense services--
(i) under existing contracts or
subcontracts, including the exercise of options
for production quantities to satisfy
requirements essential to the national security
of the United States;
(ii) if the President determines in writing
that the person or other entity to which the
sanction would otherwise be applied is a sole
source supplier of the defense articles or
services, that the defense articles or services
are essential, and that alternative sources are
not readily or reasonably available; or
(iii) if the President determines in
writing that such articles or services are
essential to the national security under
defense coproduction agreements;
(B) to products or services provided under
contracts entered into before the date on which the
President publishes his intention to impose the
sanction;
(C) to--
(i) spare parts which are essential to
United States products or production;
(ii) component parts, but not finished
products, essential to United States products
or production; or
(iii) routine servicing and maintenance of
products, to the extent that alternative
sources are not readily or reasonably
available;
(D) to information and technology essential to
United States products or production; or
(E) to medical or other humanitarian items.
(c) Supersedes Existing Law.--The provisions of this section
supersede the provisions of section 1604 of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (as contained in Public Law 102-484) as such
section applies to Iran.
SEC. 3. WAIVER AUTHORITY.
The provisions of section 2 shall not apply if the President
determines and certifies to the appropriate congressional committees
that Iran--
(1) has substantially improved its adherence to
internationally recognized standards of human rights;
(2) has ceased its efforts to acquire a nuclear explosive
device; and
(3) has ceased support for acts of international terrorism.
SEC. 4. REPORT REQUIRED.
Beginning 60 days after the date of enactment of this Act, and
every 90 days thereafter, the President shall transmit to the
appropriate congressional committees a report describing--
(1) the nuclear and other military capabilities of Iran;
and
(2) the support, if any, provided by Iran for acts of
international terrorism.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Act of international terrorism.--The term ``act of
international terrorism'' means an act--
(A) which is violent or dangerous to human life and
that is a violation of the criminal laws of the United
States or of any State or that would be a criminal
violation if committed within the jurisdiction of the
United States or any State; and
(B) which appears to be intended--
(i) to intimidate or coerce a civilian
population;
(ii) to influence the policy of a
government by intimidation or coercion; or
(iii) to affect the conduct of a government
by assassination or kidnapping.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Banking, Housing, and Urban Affairs and Foreign Relations of
the Senate and the Committees on Banking and Financial Services
and International Relations of the House of Representatives.
(3) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not a United States
national or an alien admitted for permanent residence
to the United States; or
(B) a corporation, partnership, or other
nongovernment entity which is not a United States
national.
(4) Iran.--The term ``Iran'' includes any agency or
instrumentality of Iran.
(5) Nuclear explosive device.--The term ``nuclear explosive
device'' means any device, whether assembled or disassembled,
that is designed to produce an instantaneous release of an
amount of nuclear energy from special nuclear material that is
greater than the amount of energy that would be released from
the detonation of one pound of trinitrotoluene (TNT).
(6) Requisite knowledge.--The term ``requisite knowledge''
means situations in which a person ``knows'', as ``knowing'' is
defined in section 104 of the Foreign Corrupt Practices Act of
1977 (15 U.S.C. 78dd-2).
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and any
other territory or possession of the United States.
(8) United states.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and any
other territory or possession of the United States.
(9) United states national.--The term ``United States
national'' means--
(A) a natural person who is a citizen of the United
States or who owes permanent allegiance to the United
States;
(B) a corporation or other legal entity which is
organized under the laws of the United States, any
State or territory thereof, or the District of
Columbia, if natural persons who are nationals of the
United States own, directly or indirectly, more than 50
percent of the outstanding capital stock or other
beneficial interest in such legal entity; and
(C) any foreign subsidiary of a corporation or
other legal entity described in subparagraph (B). | Iran Foreign Sanctions Act of 1995 - Directs the President to impose certain economic sanctions against foreign persons who, with requisite knowledge, engage in trade with Iran. Sets forth such sanctions, including prohibition, with specified exceptions, of U.S. Government procurement from such persons or issuance of export licenses to, or of importation of goods or services from, them.
Waives the requirements of this Act if the President certifies to the appropriate congressional committees that Iran has: (1) substantially improved its adherence to internationally recognized standards of human rights; (2) ceased its efforts to acquire a nuclear explosive device; and (3) ceased support for acts of international terrorism.
Requires the President to transmit a specified report to appropriate congressional committees. | {"src": "billsum_train", "title": "Iran Foreign Sanctions Act of 1995"} | 1,718 | 162 | 0.540165 | 1.484956 | 0.838604 | 3.167832 | 11.104895 | 0.874126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Connecticut River Partnership
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Connecticut River watershed in the States of
Connecticut and Massachusetts is a scenic region of cities and
historic villages located in an internationally and nationally
significant landscape of working farms, verdant forests,
mountains, and broad fertile floodplains of New England's
longest river, the Connecticut River.
(2) The Connecticut River and its tributaries provide
outstanding fish and wildlife habitat, recreation, and
hydropower generation for the New England region.
(3) The Connecticut River watershed has been recognized by
Congress as part of the Silvio O. Conte National Fish and
Wildlife Refuge, established by the Silvio O. Conte National
Fish and Wildlife Refuge Act (16 U.S.C. 668dd note; Public Law
102-212).
(4) The demonstrated interest in stewardship of the River
by the citizens living in the watershed led to the Presidential
designation of the River as one of 14 American Heritage Rivers
on July 30, 1998.
(5) Where management of the River involves partnership with
local communities and organizations, support for the
partnership should be provided by the Secretary.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
to provide to the States of Connecticut and Massachusetts technical and
financial assistance for management of the River and the River
watershed.
SEC. 3. DEFINITIONS.
For the purpose of this Act, the following definitions apply:
(1) River.--The term ``River'' means the Connecticut River.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means--
(A) the State of Connecticut; or
(B) the State of Massachusetts.
SEC. 4. ASSISTANCE FOR STATES.
(a) In General.--The Secretary may provide to the States technical
and financial assistance in managing the River and the River watershed
in cooperation and collaboration with conservation organizations and
regional planning agencies in the watershed, including assistance for
the following:
(1) Developing policies for water quality, flow management,
and recreational boating for the River.
(2) Developing protection plans for water quality in the
tributaries that flow into the River.
(3) Developing a coordinated, collaborative approach on the
part of the States for monitoring the quality of the River for
human use and ecological health.
(4) Restoring and protecting priority riverbanks to improve
water quality and aquatic and riparian habitat.
(5) Encouraging and assisting communities, farmers,
conservation organizations, and riverfront landowners in--
(A) establishing and protecting riparian buffers;
and
(B) preventing nonpoint source pollution.
(6) Encouraging and assisting communities in--
(A) protecting shoreland, wetland, and flood
plains; and
(B) managing and treating stormwater runoff.
(7) In cooperation with dam owners--
(A) evaluating the decommissioning of uneconomic
dams in the watershed; and
(B) restoring natural riverine habitat.
(8) Protecting and restoring the habitat of native trout,
anadromous fisheries, and other outstanding fish and wildlife
resources.
(9) Encouraging new and improved markets for local
agricultural products.
(10) Encouraging the protection of farmland and
economically sustainable agriculture.
(11) Developing and promoting locally planned, approved,
and managed networks of heritage trails and water trails.
(12) Coordinating and fostering opportunities for heritage
tourism and agritourism.
(13) Demonstrating economic development based on heritage
tourism.
(14) Supporting local stewardship.
(15) Strengthening nonregulatory protection of heritage
resources.
(16) Encouraging public access to the River from towns and
cities in the Valley.
(17) Establishing indicators of sustainability.
(18) Monitoring the impact of increased tourism and
recreational use on natural and historic resources.
(b) Administrative Costs.--Not more than 10 percent of the funds
made available to any State under this Act may be used for
administrative costs.
(c) Coordination With Other Entities.--The Secretary shall
encourage States receiving assistance under this Act to work in
coordination with units of local government and nonprofit organizations
when carrying out activities listed in subsection (a). | Lower Connecticut River Partnership Act - Authorizes the Secretary of the Interior to provide technical and financial assistance to the States of Connecticut and Massachusetts for management of the Connecticut River and the River's watershed. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to provide assistance in implementing cultural heritage, conservation, and recreational activities in the Connecticut River watershed of the States of Connecticut and Massachusetts, and for other purposes."} | 963 | 43 | 0.641183 | 1.482346 | 0.770243 | 3.405405 | 24.054054 | 0.972973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Classrooms Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to support local educational agencies by
awarding grants for--
(1) the implementation of specific measures, as selected by
local educational agencies from a local accountability menu,
that have been proven to increase the quality of education; and
(2) the conduct of other activities that local educational
agencies demonstrate will provide enhanced individual
instruction for the students served by the agencies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Local educational agency.--The term ``local educational
agency'' has the same meaning given that term under section
14101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. GRANT PROGRAMS.
(a) Local Accountability Menu Grants.--
(1) Program authorized.--The Secretary shall award grants
to local educational agencies to be used for the activities
described in paragraph (3).
(2) Application.--
(A) In general.--A local educational agency
desiring a grant under this subsection shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may reasonably require.
(B) Contents.--Each application submitted under
subparagraph (A) shall include--
(i) a description of the local educational
agency's plan of activities for which grant
funds under this subsection are sought;
(ii) a detailed budget of anticipated grant
fund expenditures;
(iii) a detailed description of the
methodology that the local educational agency
will use to evaluate the effectiveness of
grants received by such agency under this
subsection; and
(iv) such assurances as the Secretary
determines to be essential to ensure compliance
with the requirements of this Act.
(3) Authorized activities.--Grant funds awarded under this
subsection may be used for one or more of the following
measures, collectively established as the local accountability
menu:
(A) Reduction of student-teacher ratios through the
hiring of new classroom teachers.
(B) School construction assistance for the purpose
of relieving overcrowded classrooms and reducing the
use of portable classrooms.
(C) Hiring of additional experienced teachers who
specialize in teaching core subjects such as reading,
math, and science, and who will provide increased
individualized instruction to students served by the
local educational agency.
(D) Alternative programs for the education and
discipline of chronically violent and disruptive
students.
(E) Assistance to facilitate the local educational
agency's establishment of a year-round school schedule
that will allow the agency to increase pay for veteran
teachers and reduce the agency's need to hire
additional teachers or construct new facilities.
(4) Administrative cap.--A local educational agency that
receives a grant under this subsection shall not use more than
3 percent of the funds received for administrative expenses.
(b) Innovation Grants.--
(1) Program authorized.--The Secretary shall reserve 10
percent of the amount made available to carry out this Act in
each fiscal year to award grants, on a competitive basis, to
local educational agencies for the local educational agencies
to carry out the activities described in paragraph (3).
(2) Application.--
(A) In general.--A local educational agency
desiring a grant under this subsection shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may reasonably require.
(B) Contents.--Each application submitted under
subparagraph (A) shall include--
(i) a description of the local educational
agency's plan of activities for which grant
funds under this subsection are sought;
(ii) a detailed budget of anticipated grant
fund expenditures;
(iii) a detailed description of the
methodology that the local educational agency
will use to evaluate the effectiveness of
grants received by such agency under this
subsection; and
(iv) such assurances as the Secretary
determines to be essential to ensure compliance
with the requirements of this Act.
(3) Authorized activities.--Each local educational agency
receiving a grant under this subsection shall use the amounts
received under the grant for one or more activities that the
local educational agency sufficiently demonstrates, as
determined by the Secretary, will provide enhanced individual
instruction for students served by the agency, but that are not
part of the local accountability menu described in subsection
(a)(3).
(4) Limitation.--No funds awarded under this subsection
shall be used for tuition payments for students at private
schools or for public school choice programs.
(5) Administrative cap.--A local educational agency that
receives a grant under this subsection shall not use more than
3 percent of the funds received for administrative expenses.
SEC. 5. ALLOCATION.
(a) Administrative Cap.--The Secretary shall expend not more than
0.25 percent of the funds made available to carry out this Act on
administrative costs.
(b) Funding to Indian Tribes.--From the amount made available to
carry out this Act for any fiscal year, the Secretary shall reserve
0.75 percent to awards grants to Indian tribes to carry out the
purposes of this Act.
(c) Formula.--From the amount made available to carry out this Act
for any fiscal year, and remaining after the reservations under
subsections (a) and (b) and under section 4(b)(1), the Secretary shall
distribute such remaining amounts among the local education agencies as
follows:
(1) 80 percent of such amount shall be allocated among such
eligible, local educational agencies in proportion to the
number of children, aged 5 to 17, who reside in the school
district served by such local educational agency from families
with incomes below the poverty line (as defined by the Office
of Management and Budget and revised annually in accordance
with section 673(2) of the Community Services Block Grant Act
(42 U.S.C. 9902(2)) applicable to a family of the size involved
for the most recent fiscal year for which satisfactory data are
available as compared to the number of such children who reside
in the school districts served by all eligible, local
educational agencies for the fiscal year involved.
(2) 20 percent of such amount shall be allocated among such
eligible local educational agencies in proportion to the
relative enrollments of children, aged 5 to 17, in public and
private nonprofit elementary and secondary schools within the
boundaries of such agencies.
(d) Limitation on Carryover.--Not more than 20 percent of the funds
allocated to a local educational agency for any fiscal year under this
Act may remain available for obligation by such agency for 1 additional
fiscal year.
SEC. 6. SANCTIONS.
If the Secretary determines that the local educational agency has
used funds in violation of the provisions of this Act or the
regulations promulgated by the Secretary pursuant to section 8, the
Secretary may impose an appropriate sanction that may include
reimbursement or ineligibility for additional funds for a period of
years, depending upon the severity of the misuse of funds.
SEC. 7. REPORT AND DOCUMENTATION.
(a) Report to the Secretary.--At such time as the Secretary deems
appropriate, and not less than once each year thereafter, each
recipient of a grant under this Act shall submit to the Secretary a
report that includes, for the year to which the report relates--
(1) a description of how the funds made available under
this Act were expended in correlation with the plan and budget
submitted under sections 4(a)(2) and 4(b)(2), as applicable;
and
(2) an evaluation of the effectiveness of the grant
received under this Act, as required by sections 4(a)(2)(B) and
4(b)(2)(B), as applicable.
(b) Documents and Information.--Each recipient of a grant under
this Act shall provide the Secretary with all documents and information
that the Secretary reasonably determines to be necessary to conduct an
evaluation of the effectiveness of programs funded under this Act.
SEC. 8. REGULATORY AUTHORITY.
The Secretary shall issue such regulations and guidelines as may be
necessary to carry out this Act.
SEC. 9. NOTICE.
Not later than 30 days after the date of enactment of this Act, the
Secretary shall provide specific notification concerning the
availability of grants authorized by this Act to each local educational
agency.
SEC. 10. ANTIDISCRIMINATION.
Nothing in this Act shall be construed to modify or affect any
Federal or State law prohibiting discrimination on the basis of race,
religion, color, ethnicity, national origin, gender, age, or
disability, or to modify or affect any right to enforcement of this Act
that may exist under other Federal laws, except as expressly provided
by this Act.
SEC. 11. MAINTENANCE OF EFFORT.
Funds made available under this Act shall be used to supplement,
not supplant, any other Federal, State, or local funds that would
otherwise be available to carry out the activities assisted under this
Act.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$50,000,000,000 for the 10-fiscal year period beginning on October 1,
2002. | Quality Classrooms Act - Directs the Secretary of Education to award grants to local educational agencies (LEAs) for one or more of the following measures, collectively established as the local accountability menu: (1) reduction of student-teacher ratios through hiring new classroom teachers; (2) school construction assistance to relieve overcrowded classrooms and reduce the use of portable classrooms; (3) hiring of additional experienced teachers who specialize in core subjects to provide increased individualized instruction; (4) alternative programs to educate and discipline chronically violent and disruptive students; and (5) assistance to help the LEA to establish a year-round school schedule that will allow increased pay for veteran teachers and reduce the need to hire additional teachers or construct new facilities.Provides for reservation of funds for Indian tribes. Requires allocation of grant funds to eligible LEAs as follows: (1) 80 percent in proportion to the number of children from families with incomes below the poverty line in the school district served; and (2) 20 percent in proportion to relative enrollments in public and private schools within LEA boundaries. Authorizes the Secretary to impose sanctions on violators of this Act or regulations under it, including reimbursement or ineligibility for additional funds for a period of years, depending on the severity of the misuse of funds. | {"src": "billsum_train", "title": "A bill to assist local educational agencies by providing grants for proven measures for increasing the quality of education, and for other purposes."} | 1,965 | 269 | 0.54408 | 1.475067 | 0.883752 | 3.642276 | 7.630081 | 0.934959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smoke-Free Environment Act of
1997''.
SEC. 2. SMOKE-FREE ENVIRONMENT POLICY.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXVIII--SMOKE-FREE ENVIRONMENTS
``SEC. 2801. SMOKE-FREE ENVIRONMENT POLICY.
``(a) Policy Required.--In order to protect children and adults
from cancer, respiratory disease, heart disease, and other adverse
health effects from breathing environmental tobacco smoke, the
responsible entity for each public facility shall adopt and implement
at such facility a smoke-free environment policy which meets the
requirements of subsection (b).
``(b) Elements of Policy.--Each smoke-free environment policy for a
public facility shall--
``(1) prohibit the smoking of cigarettes, cigars, and
pipes, and any other combustion of tobacco, within the facility
and on facility property within the immediate vicinity of the
entrance to the facility; and
``(2) post a clear and prominent notice of the smoking
prohibition in appropriate and visible locations at the public
facility.
The policy may provide an exception to the prohibition specified in
paragraph (1) for one or more specially designated smoking areas within
a public facility if such area or areas meet the requirements of
subsection (c).
``(c) Specially Designated Smoking Areas.--A specially designated
smoking area meets the requirements of this subsection if it satisfies
each of the following conditions:
``(1) The area is ventilated in accordance with
specifications promulgated by the Administrator that ensure
that air from the area is directly exhausted to the outside and
does not recirculate or drift to other areas within the public
facility.
``(2) Nonsmoking individuals do not have to enter the area
for any purpose.
``(3) Children under the age of 15 are prohibited from
entering the area.
``SEC. 2802. CITIZEN ACTIONS.
``(a) In General.--An action may be brought to enforce the
requirements of this title by any aggrieved person, any State or local
government agency, or the Administrator.
``(b) Venue.--Any action to enforce this title may be brought in
any United States district court for the district in which the
defendant resides or is doing business to enjoin any violation of this
title or to impose a civil penalty for any such violation in the amount
of not more than $5,000 per day of violation. The district courts shall
have jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce this title and to impose civil
penalties under this title.
``(c) Notice.--An aggrieved person shall give any alleged violator
notice of at least 60 days prior to commencing an action under this
section. No action may be commenced by an aggrieved person under this
section if such alleged violator complies with the requirements of this
title within such 60-day period and thereafter.
``(d) Costs.--The court, in issuing any final order in any action
brought pursuant to this section, may award costs of litigation
(including reasonable attorney and expert witness fees) to any
prevailing party, whenever the court determines such award is
appropriate.
``(e) Penalties.--The court in any action under this section to
apply civil penalties shall have discretion to order that such civil
penalties be used for projects that further the policies of this title.
The court shall obtain the view of the Administrator in exercising such
discretion and selecting any such projects.
``(f) Damages.--No damages of any kind, whether compensatory or
punitive, shall be awarded in actions brought pursuant to this title.
``(g) Isolated Incidents.--Violations of the prohibition specified
in section 2801(b)(1) by an individual within a public facility or on
facility property shall not be considered violations of this title on
the part of the responsible entity if such violations--
``(1) are isolated incidents that are not part of a pattern
of violations of such prohibition; and
``(2) are not authorized by the responsible entity.
``SEC. 2803. PREEMPTION.
``Nothing in this title shall preempt or otherwise affect any other
Federal, State or local law which provides protection from health
hazards from environmental tobacco smoke.
``SEC. 2804. REGULATIONS.
``The Administrator is authorized to promulgate such regulations as
the Administrator deems necessary to carry out this title.
``SEC. 2805. EFFECTIVE DATE.
``The requirements of this title shall take effect on the date that
is 1 year after the date of the enactment of the Smoke-Free Environment
Act of 1997.
``SEC. 2806. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Public facility.--The term `public facility' means
any building regularly entered by 10 or more individuals at
least one day per week, including any such building owned by or
leased to a Federal, State, or local government entity. Such
term shall not include any building or portion thereof
regularly used for residential purposes.
``(3) Responsible entity.--The term `responsible entity'
means, with respect to any public facility, the owner of such
facility, except that in the case of any such facility or
portion thereof which is leased, such term means the lessee.''.
SEC. 3. 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 the Smoke-Free Environment Act of 1997, 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. | Smoke-Free Environment Act of 1997 - Amends the Public Health Service Act to require the responsible entity for each public facility to prohibit smoking in the facility and on facility property in the immediate vicinity of the facility entrance. Allows designated smoking areas if: (1) the area is ventilated in accordance with certain specifications; (2) nonsmoking individuals do not have to enter the area for any purpose; and (3) children under 15 are prohibited from entering.
Allows an action to enforce this Act by any aggrieved person, any State or local government agency, or the Administrator of the Environmental Protection Agency. Allows injunctions and civil monetary penalties, but prohibits the award of damages of any kind.
Defines "public facility" as any building regularly entered by ten or more individuals at least one day per week, except for any building or portion thereof regularly used for residential purposes.
Amends Federal transportation law to prohibit smoking in an aircraft in scheduled interstate, intrastate, or foreign flights. | {"src": "billsum_train", "title": "Smoke-Free Environment Act of 1997"} | 1,591 | 215 | 0.585449 | 1.667039 | 0.861593 | 4.266667 | 7.271795 | 0.912821 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Palace of the Governors Annex Act''.
SEC. 2. CONSTRUCTION OF PALACE OF THE GOVERNORS ANNEX, SANTA FE, NEW
MEXICO.
(a) Findings.--Congress finds that--
(1) the United States has a rich legacy of Hispanic
influence in politics, government, economic development, and
cultural expression;
(2) the Palace of the Governors--
(A) has been the center of administrative and
cultural activity over a vast region of the Southwest
since its construction as New Mexico's second capitol
in Santa Fe by Governor Pedro de Peralta in 1610;
(B) is the oldest continuously occupied public
building in the continental United States, having been
occupied for 390 years; and
(C) has been designated as a National Historic
Landmark;
(3) since its creation, the Museum of New Mexico has worked
to protect and promote Southwestern, Hispanic, and Native
American arts and crafts;
(4) the Palace of the Governors houses the history division
of the Museum of New Mexico;
(5) the Museum has an extensive, priceless, and
irreplaceable collection of--
(A) Spanish Colonial paintings (including the
Segesser Hide Paintings, paintings on buffalo hide
dating back to 1706);
(B) pre-Columbian Art; and
(C) historic artifacts, including--
(i) helmets and armor worn by the Don Juan
de Onate expedition conquistadors who
established the first capital in the territory
that is now the United States, San Juan de los
Caballeros, in July 1598;
(ii) the Vara Stick used to measure land
grants and other real property boundaries in
Dona Ana County, New Mexico;
(iii) the Columbus, New Mexico Railway
Station clock that was shot, stopping the
pendulum, freezing for all history the moment
when Pancho Villa's raid began;
(iv) the field desk of Brigadier General
Stephen Watts Kearny, who was posted to New
Mexico during the Mexican War and whose Army of
the West traveled the Santa Fe trail to occupy
the territories of New Mexico and California;
and
(v) more than 800,000 other historic
photographs, guns, costumes, maps, books, and
handicrafts;
(6) the Palace of the Governors and its contents are
included in the Mary C. Skaggs Centennial Collection of
America's Treasures;
(7) the Palace of the Governors and the Segesser Hide
paintings have been declared national treasures by the National
Trust for Historic Preservation; and
(8) time is of the essence in the construction of an annex
to the Palace of the Governors for the exhibition and storing
of the collection described in paragraph (5), because--
(A) the existing facilities for exhibiting and
storing the collection are so inadequate and unsuitable
that existence of the collection is endangered and its
preservation is in jeopardy; and
(B) 2010 marks the 400th anniversary of the
continuous occupation and use of the Palace of the
Governors and is an appropriate date for ensuring the
continued viability of the collection.
(b) Definitions.--In this section:
(1) Annex.--The term ``Annex'' means the annex for the
Palace of the Governors of the Museum of New Mexico, to be
constructed behind the Palace of the Governors building at 110
Lincoln Avenue, Santa Fe, New Mexico.
(2) Office.--The term ``Office'' means the State Office of
Cultural Affairs.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of New
Mexico.
(c) Grant.--
(1) In general.--Subject to the availability of
appropriations, the Secretary shall make a grant to the Office
to pay 50 percent of the costs of the final design,
construction, management, inspection, furnishing, and equipping
of the Annex.
(2) Requirements.--Subject to the availability of
appropriations, to receive a grant under this paragraph (1),
the Office shall--
(A) submit to the Secretary a copy of the
architectural blueprints for the Annex; and
(B) enter into a memorandum of understanding with
the Secretary under subsection (d).
(d) Memorandum of Understanding.--At the request of the Office, the
Secretary shall enter into a memorandum of understanding with the
Office that--
(1) requires that the Office award the contract for
construction of the Annex after a competitive bidding process
and in accordance with the New Mexico Procurement Code; and
(2) specifies a date for completion of the Annex.
(e) Non-federal share.--The non-Federal share of the costs of the
final design, construction, management, inspection, furnishing, and
equipping of the Annex--
(1) may be in cash or in kind fairly evaluated, including
land, art and artifact collections, plant, equipment, or
services; and
(2) shall include any contribution received by the State
(including contributions from the New Mexico Foundation and
other endowment funds) for, and any expenditure made by the
State for, the Palace of the Governors or the Annex,
including--
(A) design;
(B) land acquisition (including the land at 110
Lincoln Avenue, Santa Fe, New Mexico);
(C) acquisitions for and renovation of the library;
(D) conservation of the Palace of the Governors;
(E) construction, management, inspection,
furnishing, and equipping of the Annex; and
(F) donations of art collections and artifacts to
the Museum of New Mexico on or after the date of
enactment of this Act.
(f) Use of Funds.--The funds received under a grant awarded under
subsection (c) shall be used only for the final design, construction,
management, inspection, furnishing and equipment of the Annex.
(g) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), subject to the
availability of appropriations, there is authorized to be
appropriated to the Secretary to carry out this section
$15,000,000, to remain available until expended.
(2) Condition.--Paragraph (1) authorizes sums to be
appropriated on the condition that--
(A) after the date of enactment of this Act and
before January 1, 2010, the State appropriate at least
$8,000,000 to pay the costs of the final design,
construction, management, inspection, furnishing, and
equipping of the Annex; and
(B) other non-Federal sources provide sufficient
funds to pay the remainder of the 50 percent non-
Federal share of those costs.
Passed the Senate April 13, 2000.
Attest:
GARY SISCO,
Secretary. | Authorizes appropriations. Conditions appropriations on: (1) the State appropriating at least $8 million to pay costs described by this Act before January 1, 2010; and (2) other non-Federal sources providing funds sufficient to pay the remaining 50 percent non-Federal share of such costs. | {"src": "billsum_train", "title": "Palace of the Governors Annex Act"} | 1,510 | 66 | 0.244268 | 0.635497 | -0.089085 | 2.561404 | 24.263158 | 0.877193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrogen Future Act of 1995''.
SEC. 2. FINDINGS.
Congress finds that--
(1) fossil fuels, the main energy source of the present,
have provided this country with tremendous supply but are
limited;
(2) additional research, development, and demonstration are
needed to encourage private sector investment in development of
new and better energy sources and enabling technologies;
(3) hydrogen holds tremendous promise as a fuel because it
can be extracted from water and can be burned much more cleanly
than conventional fuels;
(4) hydrogen production efficiency is a major technical
barrier to society's collectively benefiting from one of the
great energy carriers of the future;
(5) an aggressive, results-oriented, multiyear research
initiative on efficient hydrogen fuel production and use should
be maintained; and
(6) the current Federal effort to develop hydrogen as a
fuel is inadequate.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to direct the Secretary of Energy to conduct a
research, development, and demonstration program leading to the
production, storage, transport, and use of hydrogen for
industrial, residential, transportation, and utility
applications; and
(2) to provide advice from academia and the private sector
in the implementation of the Department of Energy's hydrogen
research, development, and demonstration program to ensure that
economic benefits of the program accrue to the United States.
SEC. 4. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 5. RESEARCH AND DEVELOPMENT.
(a) Authorized Activities.--
(1) In general.--Pursuant to this section, the Spark M.
Matsunaga Hydrogen Research, Development, and Demonstration Act
of 1990 (42 U.S.C. 12401 et seq.), and section 2026 of the
Energy Policy Act of 1992 (42 U.S.C. 13436), and in accordance
with the purposes of this Act, the Secretary shall conduct a
hydrogen energy research, development, and demonstration
program relating to production, storage, transportation, and
use of hydrogen, with the goal of enabling the private sector
to demonstrate the feasibility of using hydrogen for
industrial, residential, transportation, and utility
applications.
(2) Priorities.--In establishing priorities for Federal
funding under this section, the Secretary shall survey private
sector hydrogen activities and take steps to ensure that
activities under this section do not displace or compete with
the privately funded hydrogen activities of the United States
industry.
(b) Schedule.--
(1) Solicitation.--Not later than 180 days after the date
of the enactment of an Act providing appropriations for
programs authorized by this Act, the Secretary shall solicit
proposals from all interested parties for research and
development activities authorized under this section.
(2) Department facility.--The Secretary may consider, on a
competitive basis, a proposal from a contractor that manages
and operates a department facility under contract with the
Department, and the contractor may perform the work at that
facility or any other facility.
(3) Award.--Not later than 180 days after proposals are
submitted, if the Secretary identifies one or more proposals
that are worthy of Federal assistance, the Secretary shall
award financial assistance under this section competitively,
using peer review of proposals with appropriate protection of
proprietary information.
(c) Cost Sharing.--
(1) Research.--
(A) In general.--Except as provided in subparagraph
(B), in the case of a research proposal, the Secretary
shall require a commitment from non-Federal sources of
at least 25 percent of the cost of the research.
(B) Basic or fundamental nature.--The Secretary may
reduce or eliminate the non-Federal requirement under
subparagraph (A) if the Secretary determines that the
research is purely basic or fundamental.
(2) Development and demonstration.--In the case of a
development or demonstration proposal, the Secretary shall
require a commitment from non-Federal sources of at least 50
percent of the cost of development or demonstration.
(d) Consultation.--Before financial assistance is provided under
this section or the Spark M. Matsunaga Hydrogen Research, Development,
and Demonstration Act of 1990 (42 U.S.C. 12401 et seq.)--
(1) the Secretary shall determine, in consultation with the
United States Trade Representative
and the Secretary of Commerce, that the terms and conditions
under which financial assistance is provided are consistent with the
Agreement on Subsidies and Countervailing Measures referred to in
section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C.
3511(d)(12)); and
(2) an industry participant shall be required to certify
that--
(A) the participant has made reasonable efforts to
obtain non-Federal funding for the entire cost of the
project; and
(B) full non-Federal funding could not be
reasonably obtained.
(e) Duplication of Programs.--The Secretary shall not carry out any
activity under this section that unnecessarily duplicates an activity
carried out by another government agency or the private sector.
SEC. 6. TECHNOLOGY TRANSFER.
(a) Exchange.--The Secretary shall foster the exchange of generic,
nonproprietary information and technology developed pursuant to section
5 among industry, academia, and government agencies.
(b) Economic Benefits.--The Secretary shall ensure that economic
benefits of the exchange of information and technology will accrue to
the United States economy.
SEC. 7. REPORTS TO CONGRESS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Secretary shall
transmit to Congress a detailed report on the status and progress of
the Department's hydrogen research and development program.
(b) Contents.--A report under subsection (a) shall include--
(1) an analysis of the effectiveness of the program, to be
prepared and submitted by the Hydrogen Technical Advisory Panel
established under section 108 of the Spark M. Matsunaga
Hydrogen Research, Development, and Demonstration Act of 1990
(42 U.S.C. 12407); and
(2) recommendations of the Panel for any improvements in
the program that are if needed, including recommendations for
additional legislation.
(3) Repeal of unnecessary provision.--The Spark M.
Matsunaga Hydrogen Research, Development, and Demonstration Act
of 1990 (42 U.S.C. 1401 et seq.) is amended--
(A) by striking section 103;
(B) by redesignating sections 104, 105, 106, 107,
108, and 109 as sections 103, 104, 105, 106, 107, and
108, respectively;
(C) in section 103 (as redesignated)--
(i) in subsection (a) by striking ``,
consistent with the 5-year comprehensive
program management plan under section 103,'';
and
(ii) in subsection (e) by striking ``106''
and inserting ``105'';
(D) in section 104(b) (as redesignated) by striking
``104'' and inserting ``103'';
(E) in section 105(a) (as redesignated) by striking
``108'' and inserting ``107'';
(F) in section 106(c) (as redesignated) by striking
``108'' and inserting ``107''; and
(G) in section 107(d) (as redesignated)--
(i) by adding ``and'' at the end of
paragraph (1);
(ii) by striking ``; and'' at the end of
paragraph (2) and inserting a period; and
(iii) by striking paragraph (3).
SEC. 8. COORDINATION AND CONSULTATION.
(a) Coordination With Other Federal Agencies.--The Secretary
shall--
(1) coordinate all hydrogen research and development
activities in the Department with the activities of other
Federal agencies, including the Department of Defense, the
Department of Transportation, and the National Aeronautics and
Space Administration, that are engaged in similar research and
development; and
(2) pursue opportunities for cooperation with those Federal
entities.
(b) Consultation.--The Secretary shall consult with the Hydrogen
Technical Advisory Panel established under section 108 of the Spark M.
Matsunaga Hydrogen Research, development, and Demonstration Act of 1990
(42 U.S.C. 12407) as necessary in carrying out this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act--
(1) $25,000,000 for fiscal year 1996;
(2) $35,000,000 for fiscal year 1997; and
(3) $40,000,000 for fiscal year 1998.
(b) Limitation on Authority to Obligate Funds.--
(1) Limitation.--In each of fiscal years 1996, 1997, and
1998, the total amount that may be obligated for energy supply
research and development activities shall not exceed the total
amount obligated for such activities in fiscal year 1995.
(2) Rule of construction.--Paragraph (1) shall not be
construed as authorizing the appropriation of any Federal
funds. | Hydrogen Future Act of 1995 - Directs the Secretary of Energy to provide for a hydrogen energy research, development and demonstration program relating to production, storage, transportation, and use of hydrogen, with the goal of enabling the private sector to demonstrate the feasibility of using hydrogen for industrial, residential, transportation, and utility applications. Requires the Secretary to survey private sector hydrogen activities and take steps to ensure that Federal activities do not displace or compete with privately funded hydrogen activities of U.S. industry.
(Sec. 5) Sets forth a proposal solicitation schedule. Directs the Secretary to require a specified cost-sharing commitment from non-Federal sources.
Sets as a prerequisite to Federal financial assistance certification by: (1) the Secretary that such assistance is consistent with a specified Agreement on Subsidies and Countervailing Measures approved in the Uruguay Round Agreements Act; and (2) industry participants that they have made reasonable efforts to obtain non-Federal funding for the entire cost of the project, and that such non-Federal funding could not be reasonably obtained.
Prohibits the Secretary from implementing activities that unnecessarily duplicate activities implemented elsewhere by either the Federal or private sectors.
(Sec. 6) Directs the Secretary to: (1) foster technology transfer activities between the Federal, industrial, and academic sectors; (2) report annually to the Congress; (3) coordinate with other Federal agencies involved in similar hydrogen research activities; and (4) consult with the Hydrogen Technical Advisory Panel established under the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990.
(Sec. 9) Authorizes appropriations. | {"src": "billsum_train", "title": "Hydrogen Future Act of 1995"} | 2,083 | 365 | 0.607627 | 1.924074 | 0.856823 | 4.025397 | 5.873016 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Cybercrime Reporting
and Cooperation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Computer systems; computer data.--The terms ``computer
system'' and ``computer data'' have the meanings given those
terms in chapter I of the Convention on Cybercrime.
(2) Convention on cybercrime.--The term ``Convention on
Cybercrime'' means the Council of Europe Convention on
Cybercrime, done at Budapest November 23, 2001.
(3) Cybercrime.--The term ``cybercrime'' refers to criminal
offenses relating to computer systems or computer data
described in the Convention on Cybercrime.
(4) INTERPOL.--The term ``INTERPOL'' means the
International Criminal Police Organization.
(5) Relevant federal agencies.--The term ``relevant Federal
agencies'' means any Federal agency that has responsibility for
combating cybercrime globally, including the Department of
Justice, the Department of Homeland Security, the Department of
the Treasury, and the Department of State.
SEC. 3. ANNUAL REPORT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to Congress a report--
(1) assessing, with respect to each country that is a
member state of the United Nations--
(A) the extent of the development and utilization
of information and communications technologies in the
critical infrastructure, telecommunications systems,
and financial industry of the country;
(B) the extent and nature of activities relating to
cybercrime that are based in the country;
(C) the adequacy and effectiveness of the laws,
regulations, and judicial and law enforcement systems
in the country with respect to combating cybercrime;
and
(D) measures taken by the government of the country
to ensure the free flow of electronic commerce and to
protect consumers from cybercrime;
(2) identifying countries that are member states of the
United Nations that the President determines have a low level
of development or utilization of information and communications
technologies in their critical infrastructure,
telecommunications systems, and financial industries;
(3) assessing any multilateral efforts--
(A) to prevent and investigate cybercrime;
(B) to develop and share best practices to directly
or indirectly combat cybercrime; and
(C) to cooperate and take action with respect to
the prevention, investigation, and prosecution of
cybercrime; and
(4) describing the steps taken by the United States to
promote the multilateral efforts referred to in paragraph (3).
(b) Additional Information To Be Included in Subsequent Reports.--
In each report required to be submitted under subsection (a) after the
first report required by that subsection, the President shall include,
in addition to the information required by that subsection--
(1) an identification of countries for which action plans
have been developed under section 5; and
(2) an assessment of the extent of the compliance of each
such country with the action plan developed for that country.
(c) Consultations.--It is the sense of Congress that the President
should consult with the relevant Federal agencies, industry groups,
civil society organizations, and other interested parties in making the
assessments required by paragraphs (1) through (3) of subsection (a)
and subsection (b).
(d) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 4. UTILIZATION OF FOREIGN ASSISTANCE PROGRAMS.
(a) Priority With Respect to Foreign Assistance Programs To Combat
Cybercrime.--
(1) In general.--The President shall give priority to a
country described in paragraph (2) with respect to foreign
assistance and other programs designed to combat cybercrime in
the country by improving the effectiveness and capacity of the
legal and judicial systems and the capabilities of law
enforcement agencies with respect to cybercrime.
(2) Countries described.--A country described in this
paragraph is a country identified under section 3(a)(2) as
having a low level of development or utilization of information
and communications technologies in its critical infrastructure,
telecommunications systems, and financial industry.
(b) Sense of Congress With Respect to Bilateral and Multilateral
Assistance.--It is the sense of Congress that--
(1) the President should include programs designed to
combat cybercrime in any bilateral or multilateral assistance
that--
(A) is extended to a country identified under
section 3(a)(2) as having a low level of development or
utilization of information and communications
technologies in its critical infrastructure,
telecommunications systems, and financial industry; and
(B) addresses the critical infrastructure,
telecommunications systems, financial industry, legal
or judicial systems, or law enforcement capabilities of
that country; and
(2) such assistance should be provided in a manner that
allows the country to sustain the advancements in combating
cybercrime resulting from the assistance after the termination
of the assistance.
SEC. 5. ACTION PLANS FOR COMBATING CYBERCRIME FOR COUNTRIES OF CYBER
CONCERN.
(a) Development of Action Plans.--
(1) In general.--Not later than 1 year after the President
submits the first report required by section 3(a), the
President shall develop, for each country that the President
determines under subsection (b) is a country of cyber concern,
an action plan--
(A) to assist the government of that country to
improve the capacity of the country to combat
cybercrime; and
(B) that contains benchmarks described in
subsection (c).
(2) Reassessment of countries.--Not later than 2 years
after the President submits the first report required by
section 3(a), and annually thereafter, the President shall--
(A) reassess the countries for which the President
has developed action plans under paragraph (1);
(B) determine if any of those countries no longer
meet the criteria under subsection (b) for being
countries of cyber concern; and
(C) determine if additional countries meet the
criteria under subsection (b) for being countries of
cyber concern and develop action plans for those
countries.
(3) Consultations.--The President, acting through the
Secretary of State and, as appropriate, the employees of the
Department of State described in section 6, shall consult with
the government of each country for which the President develops
an action plan under paragraph (1) or (2) with respect to--
(A) the development of the action plan; and
(B) the efforts of the government of that country
to comply with the benchmarks set forth in the action
plan.
(b) Countries of Cyber Concern.--The President shall determine that
a country is a country of cyber concern if the President finds that--
(1) there is significant credible evidence that a pattern
of incidents of cybercrime against the United States
Government, private entities incorporated under the laws of the
United States, or other United States persons has been carried
out by persons within the country during the 2-year period
preceding the date of the President's determination; and
(2) the government of the country has demonstrated a
pattern of being uncooperative with efforts to combat
cybercrime by--
(A) failing to conduct its own reasonable criminal
investigations, prosecutions, or other proceedings with
respect to the incidents of cybercrime described in
paragraph (1);
(B) failing to cooperate with the United States,
any other party to the Convention on Cybercrime, or
INTERPOL, in criminal investigations, prosecutions, or
other proceedings with respect to such incidents,
consistent with chapter III of the Convention on
Cybercrime; or
(C) not adopting or implementing legislative or
other measures consistent with chapter II of the
Convention on Cybercrime with respect to criminal
offenses related to computer systems or computer data.
(c) Benchmarks Described.--The benchmarks described in this
subsection--
(1) are such legislative, institutional, enforcement, or
other actions as the President determines necessary to improve
the capacity of the country to combat cybercrime; and
(2) may include--
(A) the initiation of credible criminal
investigations, prosecutions, or other proceedings with
respect to the incidents of cybercrime that resulted in
the determination of the President under subsection (b)
that the country is a country of cyber concern;
(B) cooperation with, or support for the efforts
of, the United States, other parties to the Convention
on Cybercrime, or INTERPOL in criminal investigations,
prosecutions, or other proceedings with respect to such
persons, consistent with chapter III of the Convention
on Cybercrime; or
(C) the implementation of legislative or other
measures consistent with chapter II of the Convention
on Cybercrime with respect to criminal offenses related
to computer systems or computer data.
(d) Failure To Meet Action Plan Benchmarks.--
(1) In general.--If, 1 year after the date on which an
action plan is developed under subsection (a), the President,
in consultation with the relevant Federal agencies, determines
that the government of the country for which the action plan
was developed has not complied with the benchmarks in the
action plan, the President is urged to take one or more of the
actions described in paragraph (2) with respect to the country.
(2) Presidential action described.--
(A) In general.--Subject to subparagraph (B), the
actions described in this paragraph with respect to a
country are the following:
(i) Overseas private investment corporation
financing.--Suspend, restrict, or prohibit the
approval of new financing (including loans,
guarantees, other credits, insurance, and
reinsurance) by the Overseas Private Investment
Corporation with respect to a project located
in the country or in which an entity owned or
controlled by the government of the country
participates.
(ii) Export-import bank financing.--
Suspend, restrict, or prohibit the approval of
new financing (including loans, guarantees,
other credits, insurance, and reinsurance) by
the Export-Import Bank of the United States in
connection with the export of any good or
service to the country or to an entity owned or
controlled by the government of the country.
(iii) Multilateral development bank
financing.--Instruct the United States
Executive Director of each multilateral
development bank (as defined in section 1307(g)
of the International Financial Institutions Act
(22 U.S.C. 262m-7(g))) to oppose the approval
of any new financing (including loans,
guarantees, other credits, insurance, and
reinsurance) by the multilateral development
bank to the government of the country or with
respect to a project located in the country or
in which an entity owned or controlled by the
government of the country participates.
(iv) Trade and development agency.--
Suspend, restrict, or prohibit the provision of
assistance by the Trade and Development Agency
in connection with a project located in the
country or in which an entity owned or
controlled by the government of the country
participates.
(v) Preferential trade programs.--Suspend,
limit, or withdraw any preferential treatment
for which the country qualifies under the
Generalized System of Preferences under title V
of the Trade Act of 1974 (19 U.S.C. 2461 et
seq.), the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2701 et seq.), the Andean Trade
Preference Act (19 U.S.C. 3201 et seq.), or the
African Growth and Opportunity Act (19 U.S.C.
3701 et seq.).
(vi) Foreign assistance.--Suspend,
restrict, or withdraw the provision of foreign
assistance to the country or with respect to
projects carried out in the country, including
assistance provided under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(B) Exception.--The President may not suspend,
restrict, prohibit, or withdraw assistance described in
clause (iv) or (vi) of subparagraph (A) that is
provided for projects related to building capacity or
taking actions to combat cybercrime.
(3) Restoration of benefits.--The President shall revoke
any actions taken with respect to a country under paragraph (2)
on the date on which the President, in consultation with the
relevant Federal agencies, determines and certifies to Congress
that the government of the country has complied with the
benchmarks described in subsection (c).
(e) Waiver.--
(1) In general.--The President may waive the requirement
under subsection (a) to develop an action plan for a country or
the requirement under subsection (b) to make a determination
with respect to a country if the President--
(A) determines that such a waiver is in the
national interest of the United States; and
(B) submits to Congress a report describing the
reasons for the determination.
(2) Form of report.--A report submitted under paragraph
(1)(B) shall be submitted in unclassified form, but may contain
a classified annex.
SEC. 6. DESIGNATION OF OFFICIALS IN THE DEPARTMENT OF STATE TO BE
RESPONSIBLE FOR COMBATING CYBERCRIME.
The Secretary of State shall--
(1) designate a high-level employee of the Department of
State--
(A) to coordinate the full range of activities,
policies, and opportunities associated with combating
cybercrime and foreign policy; and
(B) whose primary responsibility will be to further
those activities, policies, and opportunities at an
international level; and
(2) in consultation with the heads of other relevant
Federal agencies and in coordination with the relevant chief of
mission, assign an employee to have primary responsibility with
respect to matters relating to cybercrime policy in each
country or region that the Secretary considers significant with
respect to efforts of the United States Government to combat
cybercrime globally.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | International Cybercrime Reporting and Cooperation Act - Directs the President to report annually to Congress regarding: (1) foreign countries use of information and communications technologies (ICT) in critical infrastructure, cybercrime based in each country, the adequacy of each countrys legal and law enforcement systems addressing cybercrime, and online protection of consumers and commerce; (2) multilateral efforts to prevent and investigate cybercrime, including U.S. actions to promote such multilateral efforts; and (3) countries for which action plans have been developed.
Directs the President to give priority for assistance to improve legal, judicial, and enforcement capabilities with respect to cybercrime to countries with low ICT levels of development or utilization in their critical infrastructure, telecommunications systems, and financial industries.
Directs the President to develop an action plan (with legislative, institutional, or enforcement benchmarks) and annual compliance assessment for each country determined to be a country of cyber concern: (1) from which there is a pattern of cybercrime incidents against the U.S. government, private U.S. entities, or other U.S. persons; and (2) whose government is uncooperative with efforts to combat cybercrime.
Urges the President to take restrictive actions against a country that has not complied with the appropriate benchmarks with respect to: (1) the Overseas Private Investment Corporation (OPIC); (2) the Export-Import Bank of the United States; (3) multilateral development financing; (4) the Trade and Development Agency; (5) preferential trade programs; and (6) foreign assistance.
Authorizes the President to waive the requirements to develop an action plan or make a determination of cyber concern if in U.S. national interest.
Directs the Secretary of State to: (1) designate a high-level Department of State employee to coordinate anti-cybercrime activities; and (2) assign an employee to have primary responsibility for cybercrime policy in each country or region significant to U.S. anti-cybercrime efforts. | {"src": "billsum_train", "title": "A bill to require reporting on certain information and communications technologies of foreign countries, to develop action plans to improve the capacity of certain countries to combat cybercrime, and for other purposes."} | 3,058 | 436 | 0.645779 | 2.023967 | 0.914514 | 2.817204 | 7.596774 | 0.924731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assiniboine and Sioux Tribes of the
Fort Peck Reservation Judgment Fund Distribution Act of 2002''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) on December 18, 1987, the Assiniboine and Sioux Tribes
of the Fort Peck Reservation and 5 individual Fort Peck tribal
members filed a complaint before the United States Claims Court
(currently the Court of Federal Claims) in Assiniboine and
Sioux Tribes of the Fort Peck Reservation, et al. v. The United
States of America, Docket No. 773-87-L to recover interest
earned on trust funds while those funds were held in special
deposit and IMPL-agency accounts;
(2) in the case referred to in paragraph (1), the Court
held that the United States was liable for any income derived
from investment of the trust funds of the Tribe and individual
members of the Tribe for the period during which those funds
were held in special deposit and IMPL-agency accounts;
(3) the plaintiffs in the case referred to in paragraph (1)
entered into a settlement with the United States for claims
made under Docket No. 773-87-L on December 31, 1998, for
payment by the United States of--
(A) $1,339,415.33, representing interest earned on
funds while held in Special Deposit accounts at the
Fort Peck Agency during the period August 13, 1946,
through September 30, 1981;
(B) $2,749,354.41, representing--
(i) interest on the principal indebtedness
for the period from August 13, 1946, through
July 31, 1998; plus
(ii) $364.27 in per diem interest on the
principal indebtedness for each day during the
period commencing August 1, 1998, and ending on
the date on which the judgment is paid; and
(C) $350,000, representing the litigation costs and
attorney's fees that the Tribe incurred to prosecute
those claims;
(4) the terms of the settlement were approved by the Court
on January 8, 1999, and judgment was entered on January 12,
1999;
(5) on March 18, 1999, $4,522,551.84 was transferred to the
Department of the Interior;
(6) that judgment amount was deposited in an escrow account
established to provide--
(A) $350,000 for the payment of attorney's fees and
expenses; and
(B) $4,172,551.84 for pending Court-ordered
distribution to the Tribe and individual Indian trust
beneficiaries;
(7) on January 31, 2001, the Court approved a joint
stipulation that established procedures for--
(A) identification of the class of individual
Indians having an interest in the judgment;
(B) notice to and certification of that class; and
(C) the distribution of the judgment amount to the
Tribe and affected class of individual Indians;
(8)(A) on or about February 14, 2001, in accordance with
the Court-approved stipulation, $643,186.73 was transferred to
an account established by the Secretary for the benefit of the
Tribe; and
(B) that transferred amount represents--
(i) 54.2 percent of the Tribe's estimated
26-percent share of the amount referred to in
paragraph (6)(B); plus
(ii) 50 percent of the Tribe's estimated
26-percent share of interest and capital gains
earned on the judgment amount from the period
beginning March 18, 1999, and ending on
December 31, 2000;
(9) under the Court-approved stipulation--
(A) that transferred amount is to remain available
for use by the Tribe in accordance with a plan adopted
under the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.);
(B) the Tribe will most likely receive additional
payments from the distribution amount once the
identification of all individuals eligible to share in
the distribution amount is completed and the pro rata
shares are calculated; and
(C) those additional payments would include--
(i) the balance of the share of the Tribe
of the distribution amount and investment
income earned on the distribution amount;
(ii) the portion of the distribution amount
that represents income derived on funds in
special deposit accounts that are not
attributable to the Tribe or any individual
Indian; and
(iii) the portion of the distribution
amount that represents shares attributable to
individual Indians that--
(I) cannot be located for purposes
of accepting payment; and
(II) will not be bound by the
judgment in the case referred to in
paragraph (1); and
(10) pursuant to the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is
required to submit to Congress for approval an Indian judgment
fund use or distribution plan.
SEC. 3. DEFINITIONS.
In this Act:
(1) Court.--The term ``Court'' means the United States
Court of Federal Claims.
(2) Distribution amount.--The term ``distribution amount''
means the amount referred to in section 2(6)(B).
(3) Judgment amount.--The term ``judgment amount'' means
the amount referred to in section 2(a)(5).
(4) Principal indebtedness.--The term ``principal
indebtedness'' means the sum referred to in section 2(a)(3)(A).
(5) Tribe.--The term ``Tribe'' means the Assiniboine and
Sioux Tribes of the Fort Peck Reservation.
SEC. 4. DISTRIBUTION OF JUDGMENT FUNDS.
(a) In General.--Notwithstanding any provision of the Indian Tribal
Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) to the
contrary, the share of the Tribe of the distribution amount, and such
additional amounts as may be awarded to the Tribe by the Court with
respect to the case referred to in section 2(a)(1) (including any
interest accrued on those amounts)--
(1) shall be made available for tribal health, education,
housing and social services programs of the Tribe, including--
(A) educational and youth programs;
(B) programs for improvement of facilities and
housing;
(C) programs to provide equipment for public
utilities;
(D) programs to provide medical assistance or
dental, optical, or convalescent equipment; and
(E) programs to provide senior citizen and
community services; and
(2) shall not be available for per capita distribution to
any member of the Tribe.
(b) Budget Specification.--The specific programs for which funds
are made available under subsection (a)(1), and the amount of funds
allocated to each of those programs, shall be specified in an annual
budget developed by the Tribe and approved by the Secretary.
SEC. 5. APPLICABLE LAW.
Except as provided in section 4(a), all funds distributed under
this Act are subject to sections 7 and 8 of the Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1407, 1408). | Assiniboine and Sioux Tribes of the Fort Peck Reservation Judgment Fund Distribution Act of 2002.Requires that amounts distributed to the Assiniboine and Sioux Tribes of the Fort Peck Reservation under Indian Tribal Judgement Funds Use or Distribution Act (and including funds from the Fort Peck Reservation, et al. v. The United States of America, Docket No. 773-87) be made available for tribal health, education, housing and social services programs including programs: (1) education and youth; (2) improvement of facilities and housing; (3) equipment for public utilities; (4) medical assistance or dental, optical or convalescent equipment; and (5) senior citizen and community services.Prohibits the per capita distribution of such share to any member of the tribe. | {"src": "billsum_train", "title": "A bill to provide for the distribution of judgment funds to the Assiniboine and Sioux Tribes of the Fort Peck Reservation."} | 1,614 | 183 | 0.505227 | 1.608524 | 0.64472 | 4.868056 | 9.930556 | 0.979167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Refugee Women and Children
Protection Act''.
SEC. 2. UNITED STATES POLICY CONCERNING OVERSEAS ASSISTANCE TO REFUGEES
AND DISPLACED PERSONS.
(a) Standards for Refugee Women and Children.--The United States
Government, in providing for overseas assistance and protection of
refugees and displaced persons, shall seek to address the protection
and provision of basic needs of refugee women and children who
represent 80 percent of the world's refugee population. As called for
in the 1991 United Nations High Commissioner for Refugees (UNHCR)
``Guidelines on the Protection of Refugee Women,'' whether directly, or
through international organizations and nongovernmental voluntary
organizations, the Secretary of State shall ensure--
(1) specific attention on the part of the United Nations
and relief organizations to recruit and employ female
protection officers;
(2) implementation of gender awareness training for field
staff including, but not limited to, security personnel;
(3) the protection of refugee women and children from
violence and other abuses on the part of governments or
insurgent groups;
(4) full involvement of women refugees in the planning and
implementation of (A) the delivery of services and assistance,
and (B) the repatriation process;
(5) incorporation of maternal and child health needs into
refugee health services and education, specifically to include
education on and access to services in reproductive health and
birth spacing;
(6) the availability of counseling and other services,
grievance processes, and protective services to victims of
violence and abuse, including but not limited to rape and
domestic violence;
(7) the provision of educational programs, particularly
literacy and numeracy, vocational and income-generation
training, and other training efforts promoting self-sufficiency
for refugee women, with special emphasis on women heads of
household;
(8) education for all refugee children, ensuring equal
access for girls, and special services and family tracing for
unaccompanied refugee minors;
(9) the collection of data that clearly enumerate age and
gender so that appropriate health, education, and assistance
programs can be planned;
(10) the recruitment, hiring, and training of more women
program professionals in the international humanitarian field;
and
(11) gender-specific training for program staff of the
United Nations High Commissioner for Refugees (UNHCR) and
nongovernmental voluntary organizations on implementation of
the 1991 UNHCR ``Guidelines on the Protection of Refugee
Women''.
(b) Procedures.--The Secretary of State shall adopt specific
procedures to ensure that all recipients of United States Government
refugee and migration assistance funds implement the standards outlined
in subsection (a).
(c) Requirements for Refugee and Migration Assistance.--The
Secretary of State, in providing migration and refugee assistance,
should support the protection efforts set forth under this Act by
raising at the highest levels of government the issue of abuses against
refugee women and children by governments or insurgent groups that
engage in, permit, or condone--
(1) a pattern of gross violations of internationally
recognized human rights, such as torture or cruel, inhumane, or
degrading treatment or punishment, prolonged detention without
charges, or other flagrant denial to life, liberty, and the
security of person;
(2) the blockage of humanitarian relief assistance;
(3) gender-specific persecution such as systematic
individual or mass rape, forced pregnancy, forced abortion,
enforced prostitution, any form of indecent assault or act of
violence against refugee women, girls, and children; or
(4) continuing violations of the integrity of the person
against refugee women and children on the part of armed
insurgents, local security forces, or camp guards.
(d) Investigation of Reports.--Upon receipt of credible reports of
abuses under subsection (c), the Secretary of State should immediately
investigate such reports through emergency fact-finding missions or
other means of investigating such reports and help identify appropriate
remedial measures.
(e) Multilateral Organizations.--The United States Government shall
use its voice and vote in the United Nations and its participation in
other multilateral organizations, to promote policies which seek to
protect and address basic human rights and needs of refugee women and
children. The Secretary of State shall work to ensure that multilateral
organizations fully incorporate the needs of refugee women and children
into all elements of refugee assistance programs.
(f) Sense of Congress on Multilateral Implementation of the 1991
UNHCR ``Guidelines on the Protection of Refugee Women''.--It is the
sense of the Congress that the President should enter into bilateral
and multilateral negotiations to encourage other governments that
provide refugee assistance to adopt refugee assistance policies
designed to encourage full implementation of the UNHCR's 1991
``Guidelines on the Protection of Refugee Women''. | Refugee Women and Children Protection Act - Directs the U.S. Government, in providing for overseas assistance and protection of refugees and displaced persons, to address the protection and basic needs of refugee women and children. Requires the Secretary of State to take certain steps concerning such refugees as called for in the 1991 United Nations High Commissioner for Refugees (UNHCR) Guidelines on the Protection of Refugee Women.
Directs the Secretary to ensure that all recipients of U.S. Government refugee and migration assistance implement such steps.
Requires the Secretary, in providing such assistance, to raise at the highest levels of government the issue of abuses against refugee women and children by governments or insurgent groups that engage in or permit: (1) gross violations of internationally recognized human rights; (2) the blockage of humanitarian relief assistance; (3) gender-specific persecution; and (4) continuing violations of the integrity of the person against refugee women and children on the part of armed insurgents, local security forces, or camp guards. Declares that the Secretary should immediately investigate credible reports of abuses and identify remedial measures.
Requires the U.S. Government to use its vote in the United Nations and participation in other multilateral organizations to promote policies which protect human rights and needs of refugee women and children.
Expresses the sense of the Congress that the President should enter into negotiations to encourage other governments that provide refugee assistance to adopt refugee assistance policies to encourage full implementation of the UNHCR'
s 1991
Guidelines. | {"src": "billsum_train", "title": "Refugee Women and Children Protection Act"} | 1,046 | 325 | 0.61911 | 1.932485 | 0.903574 | 5.811189 | 3.405594 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Central Coast National
Marine Sanctuary Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the marine environment of the waters of the California
Central Coast has special national cultural, educational,
research, and economic significance, because of its--
(A) significant oceanographic characteristics,
including a major permanent upwelling, several
transitional upwellings, and current interaction
located in the Californian transition zone between the
Oregonian and Californian climatic provinces and its
interrelationship with the Nipomo Dune-Point Sal
National Natural Landmark,
(B) sensitive ecological and biological
characteristics, including the presence of more than 27
endangered or threatened species of marine mammals,
birds, and reptiles and a mixture of fish, mammal,
shellfish, bird, and plant species not found elsewhere
in the Pacific Basin,
(C) significant archeological values, including
hundreds of Chumash Indian sites, many dating back
9,500 years; and
(D) significant estuarine and wetland ecosystems,
including Morro Bay;
(2) the health and productivity of the waters of the
California Central Coast are threatened by a variety of
pollutants and expanding industrial uses of the waters;
(3) the existing State and Federal regulatory and
management authorities applicable to the waters of the
California Central Coast are inadequate to provide the kind of
comprehensive and coordinated conservation and management of
the sensitive marine environment of those waters that is
available under the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.); and
(4) the designation and treatment of the waters of the
California Central Coast as a national marine sanctuary is
necessary for the preservation and protection of this important
area of our Nation's marine environment.
SEC. 3. POLICY AND PURPOSE.
(a) Policy.--It is the policy of the United States to protect and
preserve living and other resources of the California Central Coast
marine environment.
(b) Purpose.--The purpose of this Act is to protect the resources
of the area described in section 4(b), to educate and interpret for the
public regarding the California Central Coast marine environment, and
to manage such human uses of the Sanctuary consistent with this Act.
Nothing in this Act is intended to restrict activities that do not
cause an adverse effect to the resources or property of the Sanctuary
or that do not pose harm to users of the Sanctuary.
SEC. 4. DESIGNATION OF CALIFORNIA CENTRAL COAST NATIONAL MARINE
SANCTUARY.
(a) Designation.--The area described in subsection (b) is
designated as the California Central Coast National Marine Sanctuary
(hereinafter in this Act referred to as the ``Sanctuary''), and shall
be a national marine sanctuary under title III of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et
seq.). The Sanctuary shall be managed and regulations enforced under
all applicable provisions of that title III as if the Sanctuary had
been designated under such title.
(b) Area Included.--Subject to subsections (c) and (d), the area
referred to in subsection (a) consists of all submerged lands and
waters, including living marine and other resources within and on those
lands and waters, off the coast of California seaward of the high tide
line--
(1) from the southern boundary of the Monterey Bay National
Marine Sanctuary to the southern boundary of Point Sal Beach
State Park in Santa Barbara County, California, and
(2) extending westward from Point Sal, California, to
encompass the offshore Santa Lucia Bank;
as such waters may be described more particularly by the Secretary
pursuant to subsection (d).
(c) Areas Within State of California.--The designation under
subsection (a) shall not take effect for any area located within the
waters of the State of California if, not later than 45 days after the
date of the enactment of this Act, the Governor of the State of
California objects in writing to the Secretary of Commerce.
(d) Boundary Modifications.--No later than the issuance of the
draft environmental impact statement for the Sanctuary under section
304(a)(1)(C)(vii) of the Marine Protection, Research, and Sanctuaries
Act of 1972 (16 U.S.C. 1434(a)(1)(C)(vii)), in consultation with the
Governor of the State of California, if appropriate, the Secretary of
Commerce may make minor modifications to the boundaries of the
Sanctuary as necessary to fulfill the purpose of this Act. The
Secretary of Commerce shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives a written
notification of such modifications.
SEC. 5. COMPREHENSIVE MANAGEMENT PLAN.
(a) Preparation of Plan.--The Secretary of Commerce, in
consultation with appropriate Federal, State, and local government
authorities, shall develop a comprehensive management plan and
implementing regulations to achieve the policy and purpose of this Act
by not later than 24 months after the date of the enactment of this
Act. In developing the plan and regulations, the Secretary of Commerce
shall follow the procedures specified in sections 303 and 304 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1433 and 1434). Such comprehensive management plan shall--
(1) facilitate all public and private uses of the Sanctuary
consistent with the primary objective of Sanctuary resource
protection;
(2) consider temporal and geographical zoning, to ensure
protection of Sanctuary resources;
(3) identify needs for research and establish a long-term
ecological monitoring program;
(4) identify alternative sources of funding needed to fully
implement the plan's provisions and supplement appropriations
under section 6 of this Act and section 313 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1444);
(5) ensure coordination and cooperation between Sanctuary
managers and other Federal, State, and local authorities with
jurisdiction within or adjacent to the Sanctuary; and
(6) promote education, among users of the Sanctuary and the
general public, about conservation of the California Central
Coast marine environment.
(b) Public Participation.--The Secretary of Commerce shall provide
for participation by the general public in development of the
comprehensive management plan.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
For carrying out this Act there are authorized to be appropriated
to the Secretary $250,000 for each of the fiscal years 1993 and 1994. | California Central Coast National Marine Sanctuary Act - Designates a specified area of submerged lands and waters, including living and other resources, as the California Central Coast National Marine Sanctuary. Allows the Governor of California to prevent this Act from taking effect for any area in California State waters by objecting within a specified period. Directs the Secretary of Commerce to develop a comprehensive management plan. Authorizes appropriations. | {"src": "billsum_train", "title": "California Central Coast National Marine Sanctuary Act"} | 1,440 | 89 | 0.506505 | 1.203958 | 0.542107 | 3.012987 | 17.064935 | 0.857143 |
SECTION 1. ELIMINATION OF QUOTA AND PRICE SUPPORT PROGRAMS FOR PEANUTS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Agriculture and the Commodity Credit Corporation may not
provide loans, purchases, payments, or other operations or take any
other action to support the price, or adjust or control the production,
of peanuts by using the funds of the Commodity Credit Corporation or
under the authority of any law.
(b) Marketing Quotas.--
(1) In general.--Part VI of subtitle B of title III of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 et seq.) is
repealed.
(2) Conforming amendments.--
(A) Definitions.--Section 301(b) of the Act (7
U.S.C. 1301(b)) is amended--
(i) in paragraph (3)(A), by striking
``corn, rice, and peanuts'' and inserting
``corn and rice'';
(ii) in paragraph (6), by striking
subparagraph (C);
(iii) in paragraph (10)(A)--
(I) by striking ``wheat, and
peanuts'' and inserting ``and wheat'';
and
(II) by striking ``; 20 per centum
in the case of wheat; and 15 per centum
in the case of peanuts'' and inserting
``; and 20 percent in the case of
wheat'';
(iv) in paragraph (13)--
(I) by striking subparagraphs (B)
and (C); and
(II) in subparagraph (G), by
striking ``or peanuts'' both places it
appears; and
(v) in paragraph (16)(A), by striking
``rice, and peanuts'' and inserting ``and
rice''.
(B) Administrative provisions.--Section 361 of the
Act (7 U.S.C. 1361) is amended by striking
``peanuts,''.
(C) Adjustment of quotas.--Section 371 of the Act
(7 U.S.C. 1371) is amended--
(i) in the first sentence of subsection
(a), by striking ``peanuts,''; and
(ii) in the first sentence of subsection
(b), by striking ``peanuts''.
(D) Reports and records.--Section 373 of the Act (7
U.S.C. 1373) is amended--
(i) in subsection (a), by striking the
first sentence and inserting the following new
sentence: ``This subsection shall apply to
warehousemen, processors, and common carriers
of corn, wheat, cotton, rice, or tobacco, and
all ginners of cotton, all persons engaged in
the business of purchasing corn, wheat, cotton,
rice, or tobacco from producers, and all
persons engaged in the business of redrying,
prizing, or stemming tobacco for producers.'';
and
(ii) in subsection (b), by striking
``peanuts,''.
(E) Regulations.--Section 375(a) of the Act (7
U.S.C. 1375(a)) is amended by striking ``peanuts,''.
(F) Eminent domain.--The first sentence of section
378(c) of the Act (7 U.S.C. 1378(c)) is amended by
striking ``cotton, tobacco, and peanuts,'' and
inserting ``cotton and tobacco,''.
(c) Price Support Program.--
(1) Permanent price support.--Section 101(b) of the
Agricultural Act of 1949 (7 U.S.C. 1441 et seq.) is amended by
striking ``and peanuts''.
(2) Temporary price support.--Sections 108, 108A, and 108B
of the Act (7 U.S.C. 1445c through 1445c-3) are repealed.
(3) Conforming amendments.--
(A) Section 301 of the Act (7 U.S.C. 1447) is
amended by inserting after ``nonbasic agricultural
commodity'' the following: ``(other than peanuts)''.
(B) Section 408(c) of the Act (7 U.S.C. 1428(c)) is
amended by striking ``peanuts,''.
(C) Section 5(a) of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714c(a)) is amended
by inserting after ``agricultural commodities'' the
following: ``(other than peanuts)''.
(c) Liability.--A provision of this section or an amendment made by
this section shall not affect the liability of any person under any
provision of law as in effect before the application of the provision
of this section or the amendment in accordance with subsection (d).
(d) Application.--This section and the amendments made by this
section shall apply beginning with the 1996 crop of peanuts. | Amends the Agricultural Adjustment Act of 1938 and the Agricultural Act of 1949 to repeal respective peanut quota and price support programs. | {"src": "billsum_train", "title": "A bill to eliminate the quota and price support programs for peanuts, and for other purposes."} | 1,170 | 31 | 0.526608 | 1.19265 | 0.233006 | 3.173913 | 40.652174 | 0.826087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmentally Responsible
Windpower Act of 2005''.
SEC. 2. LOCAL CONTROL FOR SITING OF WINDMILLS.
(a) Local Control.--Prior to the Federal Energy Regulatory
Commission issuing to any onshore and above-water wind turbine project
its Exempt-Wholesale Generator Status, Market-Based Rate Authority, or
Qualified Facility rate schedule, the wind project shall file with the
Federal Energy Regulatory Commission its Local Approval Authorization.
(b) Local Approval Authorization.--
(1) In this section, the term ``Local Authorities'' means
the governing body, and the senior executive of the body, at
the lowest level of government that possesses authority under
State law to carry out this Act.
(2) Local Approval Authorization is a resolution from the
local governing body and local senior executive (collectively,
the ``Local Authorities'') approving or denying the siting of
such wind project.
(3) Such resolution approving or denying the project shall
be produced by the Local Authorities within 120 days of the
filing of the Market-Based Rate application or Federal Energy
Regulatory Commission Form number 556 (or a successor form) at
the Federal Energy Regulatory Commission.
(4) If such resolution is not issued by the local
authorities within 120 days of the filing of the Market-Based
Rate application or Federal Energy Regulatory Commission Form
number 556 (or a successor form) at the Federal Energy
Regulatory Commission, then such project is deemed to have
obtained its Local Approval Authorization.
(5) Applicant shall notify in writing the local authorities
on the day of the filing of such Market-Based Rate application
or Federal Energy Regulatory Commission Form number 556 (or a
successor form) at the Federal Energy Regulatory Commission.
Evidence of such notification shall be submitted to the Federal
Energy Regulatory Commission.
(6) The Federal Energy Regulatory Commission shall notify
in writing the local authorities within 10 days of the filing
of such Market-Based Rate application or Federal Energy
Regulatory Commission Form number 556 (or a successor form) at
the Federal Energy Regulatory Commission.
(7) If the Local Authorities deny the siting of a wind
project, the Federal Energy Regulatory Commission shall not
issue to the project Market-Based Rate Authority, Exempt
Wholesaler Generator Status, or Qualified Facility rate
schedule.
(c) Determination of Neighboring States.--
(1) In this subsection, the term ``viewshed'' means the
area located within 20 miles of the boundary of a State.
(2) If an offshore, above-water windmill project under this
section is located within the viewshed of an adjacent State,
the adjacent State may determine that the project is
inconsistent with the development plan of the State under the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
(3) If a State makes a determination under paragraph (2),
the affected windmill project shall terminate.
(d) Highly Scenic Area and Federal Land.--
(1) A Highly Scenic Area is--
(A) an offshore area;
(B) any area listed as an official United Nations
Educational, Scientific, and Cultural Organization
World Heritage Site, as supported by the Department of
the Interior, the National Park Service, and the
International Council on Monuments and Sites;
(C) any area nominated by the Department of the
Interior and the Federal Interagency Panel for World
Heritage to become an official United Nations
Educational, Scientific, and Cultural Organization
World Heritage Site; or
(D) any Armed Forces base located in the United
States.
(2) A Qualified Wind Project is any above-water wind-
turbine project located in a Highly Scenic Area or within 20
miles of the boundaries of an area described in subparagraph
(B), (C), or (D) of paragraph (1).
(3) Prior to the Federal Energy Regulatory Commission
issuing to a Qualified Wind Project its Exempt-Wholesale
Generator Status, Market-Based Rate Authority, or Qualified
Facility rate schedule, an environmental impact statement shall
be conducted and completed by the lead agency in accordance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). If no lead agency is designated, the lead agency
shall be the Department of the Interior.
(4) The environmental impact statement determination shall
be issued within 12 months of the date of application.
(5) Such environmental impact statement review shall
include a cumulative impacts analysis addressing visual impacts
and avian mortality analysis of a Qualified Wind Project.
(6) A Qualified Wind Project shall not be eligible for any
Federal tax credit.
(e) Effective Date.--
(1) This section shall expire 7 years after the date of
enactment of this Act.
(2) Nothing in this section shall prevent or discourage
environmental review of any wind projects or any Qualified Wind
Project on a State or local level. | Environmentally Responsible Windpower Act of 2005 - States that an onshore and above-water wind turbine project must file with the Federal Energy Regulatory Commission (FERC) its Local Approval Authorization (a resolution of approval or denial from the local governing body and local senior executive) prior to FERC issuance of its Exempt-Wholesale Generator Status, Market-Based Rate Authority, or Qualified Facility rate schedule. Prohibits FERC from issuing any of them to a wind project if the local authorities deny the siting of the project. | {"src": "billsum_train", "title": "A bill to provide for local control for the siting of windmills."} | 1,082 | 127 | 0.654881 | 1.795119 | 0.689444 | 5.166667 | 10.666667 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Timely Review and Increased Access
to Affordable Drugs Act''.
SEC. 2. 30-MONTH STAY-OF-EFFECTIVENESS PERIOD.
(a) In General.--Section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)) is amended--
(1) in paragraph (2)(A)(vii)--
(A) by striking ``a certification, the opinion of
the applicant and to the best of his knowledge,'' and
inserting ``a certification that, in the opinion of and
to the best knowledge of the applicant,''; and
(B) by inserting after ``each patent'' the
following: ``published by the Secretary under
subsection (c)(2) at least 1 day before the date on
which the application is filed''; and
(2) in paragraph (5)--
(A) in subparagraph (B)(iii)--
(i) by inserting after ``of a patent'' the
following: ``published by the Secretary under
subsection (c)(2) at least 1 day before the
date on which the application is filed'';
(ii) by striking ``paragraph (2)(B)(i)''
each place it appears and inserting ``(2)(B)'';
and
(iii) by adding at the end the following:
``If, in connection with an application for
approval of a drug under this subsection, the
applicant provides an owner of a patent notice
under paragraph (2)(B) with respect to the
patent, and the owner of the patent fails to
bring a civil action against the applicant for
infringement of the patent on or before the
date that is 45 days after the date on which
the notice is received, the owner of the patent
shall be barred from bringing a civil action
against the applicant with respect to the
application.'';
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (E) and (F), respectively; and
(C) by inserting after subparagraph (B) the
following:
``(C) Availability of 30-month period.--
``(i) In general.--The 30-month period
provided under subparagraph (B)(iii) shall be
available only with respect to patents
published by the Secretary under subsection
(c)(2) at least 1 day before the date on which
the application is filed.
``(ii) Amendment of application.--If an
application is amended to include a
certification described in paragraph
(2)(A)(vii)(IV), the 30-month period provided
under subparagraph (B)(iii) shall be available
with respect to the patent concerning which the
certification was made.
``(iii) Subsequent patents.--
``(I) Separate application.--Any
patent published by the Secretary under
subsection (c)(2) subsequent to the
filing date but before approval of an
application under this paragraph shall
be addressed in a subsequent
application if the subsequent applicant
makes a certification described in
subparagraph (2)(A)(vii)(IV) with
respect to the patent, in which case
the 30-month period provided under
subparagraph (B)(iii) shall be
available to the subsequently published
patent.
``(II) Referencing information in
the previous application.--If a
subsequent application is filed, the
Secretary shall permit the applicant,
to the extent that the Secretary
determines it to be appropriate, to
reference information submitted in the
previous application.''.
(b) Conforming Amendments.--Section 505A of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355a) is amended--
(1) in subsections (b)(1)(A)(i) and (c)(1)(A)(i), by
striking ``(j)(5)(D)(ii)'' each place it appears and inserting
``(j)(5)(F)(ii)'';
(2) in subsections (b)(1)(A)(ii) and (c)(1)(A)(ii), by
striking ``(j)(5)(D)'' each place it appears and inserting
``(j)(5)(F)''; and
(3) in subsections (e) and (l), by striking
``505(j)(5)(D)'' each place it appears and inserting
``505(j)(5)(F)''.
SEC. 3. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD.
Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(5)) (as amended by section 2) is amended--
(1) in subparagraph (B)(iv), by striking subclause (II) and
inserting the following:
``(II) the earlier of--
``(aa) the date of a final
decision of a court in a civil
action described in clause
(iii) from which no appeal has
been or can be taken; or
``(bb) the date of a
settlement order or consent
decree signed by a Federal
judge that enters a final
judgment and includes a finding
that the patent that is the
subject of the certification is
invalid or not otherwise
infringed;''; and
(2) by inserting after subparagraph (C) the following:
``(D) Forfeiture of 180-day exclusivity period.--
``(i) In general.--The 180-day exclusivity
period described in subparagraph (B)(iv) shall
be forfeited if the applicant--
``(I) fails to market the drug
within 30 days after the date on which
the approval of the application for the
drug is made effective under
subparagraph (B)(iii);
``(II) fails to market the drug--
``(aa) within 30 days after
the date of a final decision of
a court or the date of a
settlement order or consent
decree in a civil action
described in subparagraph
(B)(iii); or
``(bb) if the application
has not been approved before
the date of such a decision,
within 30 days after the date
of approval of the application;
``(III) withdraws the application;
``(IV) amends the application from
a certification under paragraph
(2)(A)(vii)(IV) to a certification
under paragraph (2)(A)(vii)(III);
``(V) fails to get tentative
approval of the application within 30
months after the date on which the
application is filed, if the failure is
not caused by a change in the
requirements for tentative approval of
the application imposed after the date
on which the application is filed; or
``(VI) enters into an agreement
with the owner of the patent--
``(aa) that is the subject
of the certification under
paragraph (2)(A)(vii)(IV); and
``(bb) that the Federal
Trade Commission determines has
violated the antitrust laws (as
defined in section 1 of the
Clayton Act (15 U.S.C. 12),
except that the term includes
section 5 of the Federal Trade
Commission Act (15 U.S.C. 45)
to the extent that that section
applies to unfair methods of
competition).
``(ii) Subsequent applicant.--If an
applicant forfeits the 180-day exclusivity
period under clause (i)--
``(I) a subsequent application
containing a certification period
described in paragraph (2)(A)(vii)(IV)
shall become effective immediately on
approval; and
``(II) the subsequent applicant
shall not be eligible for a 180-day
exclusivity period under subparagraph
(B)(iv).''.
SEC. 4. BIOEQUIVALENCE.
(a) In General.--The amendments to part 320 of title 21, Code of
Federal Regulations, promulgated by the Commissioner of Food and Drugs
on July 17, 1991 (57 Fed. Reg. 17997 (April 28, 1992)), shall continue
in effect as an exercise of authorities under sections 501, 502, 505,
and 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351,
352, 355, 371).
(b) Effect.--Subsection (a) does not affect the authority of the
Commissioner of Food and Drugs to amend part 320 of title 21, Code of
Federal Regulations.
SEC. 5. OVER-THE-COUNTER DRUGS.
Section 503(b)(3) the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353(b)(3)) is amended--
(1) by striking ``(3) The Secretary may by regulation
remove drugs'' and inserting the following:
``(3) Removal of certain drugs from requirements of
paragraph (1).--
``(A) In general.--The Secretary may by regulation
remove a drug''; and
(2) by adding at the end the following:
``(B) Misbranding.--A drug that is removed from the
requirements of paragraph (1) under subparagraph (A)
shall be deemed to be misbranded under paragraph (1) in
a case in which any person introduces the drug into
interstate commerce in accordance with the requirements
of paragraph (1).''. | Timely Review and Increased Access to Affordable Drugs Act - Amends the Federal Food, Drug, and Cosmetic Act to revise provisions concerning the timing of generic drug availability.Prohibits (for subsequently issued patents) an extension of the 30 month stay of Food and Drug Administration (FDA) approval for any new drug where an abbreviated new drug application (ANDA) contains a Paragraph IV filing/certification and the patent holder indicates an intention to bring a patent infringement suit against the new (generic) drug's manufacturer.Requires the first generic applicant (ANDA) with a Paragraph IV filing to forfeit the 180 day marketing exclusivity period to a subsequent generic applicant if the first generic applicant engages in certain behaviors which delay or prevent the marketing of the generic drug, including failure to market and agreements with the patent holder which violate the antitrust laws.Continues current regulations concerning bioeqiovalence.States that drugs which no longer require a prescription (over-the-counter) but that are sold as if they did are deemed misbranded (mislabeled and subject to seizure). | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to ensure that there is competition in the pharmaceutical industry and increased access to affordable drugs."} | 2,117 | 261 | 0.448738 | 1.30011 | 0.744505 | 1.485 | 9.09 | 0.715 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Fuels Infrastructure
Research and Development Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in order to lessen United States dependence on foreign
sources of petroleum, and decrease demand for petroleum in the
transportation sector, the Nation must diversify its fuel
supply to include domestically produced biofuels including
hydrogen;
(2) while ethanol has been successful in the market place
as a fuel additive, newer biofuels may present unique
challenges that may render the fuels incompatible with the
current fuel transportation and delivery infrastructure,
placing the burden of costly refurbishment and construction on
fuel distributors and retailers;
(3) chemical additives to the fuels may mitigate the
negative impacts of some biofuels on existing infrastructure
and preclude costly retrofitting or installation of new biofuel
compatible infrastructure and transportation systems;
(4) in order to mitigate air pollution and comply with
Federal mandates, Ultra Low Sulfur Diesel fuel was introduced
into the marketplace in 2006;
(5) fuel labeled Ultra Low Sulfur Diesel may accumulate
more than the statutory limit of 15 parts per million of sulfur
when transported through multiple pipelines, tanks, and trucks
to the final point of sale;
(6) fuel distributors and retailers may inadvertently take
delivery of fuel labeled Ultra Low Sulfur Diesel with more than
15 parts per million of sulfur without a practical means of
verifying sulfur content; and
(7) fuel distributors and retailers may transform their
business by dispensing hydrogen, reformed on site from various
feedstocks, or delivered by pipeline or tube trucks, resulting
in new storage, handling, and equipment challenges.
SEC. 3. BIOFUEL INFRASTRUCTURE AND ADDITIVES RESEARCH AND DEVELOPMENT.
The Assistant Administrator of the Office of Research and
Development of the Environmental Protection Agency (in this Act
referred to as the ``Assistant Administrator''), in consultation with
the Secretary of Energy and the National Institute of Standards and
Technology, shall carry out a program of research and development of
materials to be added to biofuels to make them more compatible with
existing infrastructure used to store and deliver petroleum-based fuels
to the point of final sale. The Assistant Administrator is encouraged
to utilize Land Grant Institutions, Historically Black Colleges and
Universities, Hispanic Serving Institutions, and other minority-serving
institutions among other resources to undertake research for this
program. The program shall address--
(1) materials to prevent or mitigate--
(A) corrosion of metal, plastic, rubber, cork,
fiberglass, glues, or any other material used in pipes
and storage tanks;
(B) dissolving of storage tank sediments;
(C) clogging of filters;
(D) contamination from water or other adulterants
or pollutants;
(E) poor flow properties related to low
temperatures;
(F) oxidative and thermal instability in long-term
storage and use;
(G) microbial contamination; and
(H) problems associated with electrical
conductivity;
(2) alternatives to conventional methods for refurbishment
and cleaning of gasoline and diesel tanks, including tank
lining applications;
(3) strategies to minimize emissions from infrastructure;
(4) issues with respect to certification by a nationally
recognized testing laboratory of components for fuel dispensing
devises that specifically reference compatibility with alcohol
blended and other biofuels that contain greater than 15 percent
alcohol;
(5) challenges for design, reforming, storage, handling,
and dispensing hydrogen fuel from various feedstocks, including
biomass, from neighborhood fueling stations, including codes
and standards development necessary beyond that carried out
under section 809 of the Energy Policy Act of 2005 (42 U.S.C.
16158);
(6) issues with respect to where in the fuel supply chain
additives optimally should be added to fuels; and
(7) other problems as identified by the Assistant
Administrator, in consultation with the Secretary of Energy and
the National Institute of Standards and Technology.
SEC. 4. SULFUR TESTING FOR DIESEL FUELS.
(a) Program.--The Assistant Administrator, in consultation with the
National Institute of Standards and Technology, shall carry out a
research, development, and demonstration program on portable, low-cost,
and accurate methods and technologies for testing of sulfur content in
fuel, including Ultra Low Sulfur Diesel and Low Sulfur Diesel.
(b) Schedule of Demonstrations.--Not later than 1 year after the
date of enactment of this Act, the Assistant Administrator shall begin
demonstrations of technologies under subsection (a).
SEC. 5. STANDARD REFERENCE MATERIALS AND DATA BASE DEVELOPMENT.
Not later than 6 months after the date of enactment of this Act,
the National Institute of Standards and Technology shall develop a
physical properties data base and standard reference materials for
biofuels. Such data base and standard reference materials shall be
maintained and updated as appropriate as additional biofuels become
available.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS SUBJECT TO PAY AS YOU GO.
There are authorized to be appropriated to the Environmental
Protection Agency $10,000,000 for carrying out this Act, to be derived
from amounts otherwise appropriated to the Environmental Protection
Agency for energy research, development, and demonstration activities
related to fuels or environmental research and development activities
related to fuels.
SEC. 7. REPORT TO CONGRESS.
Not later than 1 year after the establishment of the program under
this Act, the Secretary of Energy shall transmit a report to Congress
containing suggestions for any Federal incentives that could help such
program be more successful.
SEC. 8. ADDITIONAL FINDING.
The Congress also finds that in order to lessen United States
dependence on foreign sources of petroleum, and decrease demand for
petroleum in aircraft, such as passenger planes with 42 business class
seats capable of transcontinental flights, the Nation must diversify
its fuel supply for aircraft to include domestically produced
alternative fuels.
SEC. 9. ADDITIONAL ISSUES.
Research and development under this Act shall address issues with
respect to increased volatile emissions or increased nitrogen oxide
emissions.
Passed the House of Representatives February 8, 2007.
Attest:
KAREN L. HAAS,
Clerk. | Advanced Fuels Infrastructure Research and Development Act - Instructs the Assistant Administrator of the Office of Research and Development of the Environmental Protection Agency (EPA) to implement a program of research and development of materials to be added to biofuels to make them more compatible with existing infrastructure used to store and deliver petroleum-based fuels to the point of final sale.
Cites problem areas to be addressed, including microbial contamination.
Directs the Assistant Administrator to: (1) implement a research, development, demonstration program on portable, low-cost, and accurate methods and technologies for testing sulfur content in fuel, including Ultra Low Sulfur Diesel and Low Sulfur Diesel; and (2) begin demonstrations of such technologies within a year after enactment of this Act.
Directs the National Institute of Standards and Technology to develop a physical properties database and standard reference materials for biofuels.
Authorizes appropriations to EPA to implement this Act. | {"src": "billsum_train", "title": "To facilitate the development of markets for biofuels and Ultra Low Sulfur Diesel fuel through research and development and data collection."} | 1,340 | 199 | 0.608508 | 1.778563 | 0.969529 | 5.577143 | 7.114286 | 0.914286 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Countering
Terrorist Radicalization Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR
Sec. 101. Countering violent extremism training.
Sec. 102. Countering violent extremism assessment.
Sec. 103. Department-sponsored clearances.
Sec. 104. Definitions.
TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS
Sec. 201. Directive.
TITLE III--COUNTERTERRORISM ADVISORY BOARD
Sec. 301. Department of Homeland Security Counterterrorism Advisory
Board.
TITLE IV--PROHIBITION ON NEW FUNDING
Sec. 401. Prohibition on new funding.
TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR
SEC. 101. COUNTERING VIOLENT EXTREMISM TRAINING.
(a) Authorization of Training.--The Secretary of Homeland Security
is authorized to provide training for personnel, including Department
of Homeland Security personnel, State, local, tribal, and territorial
representatives at State and major urban area fusion centers for the
purpose of administering community awareness briefings and related
activities in furtherance of the Department's efforts to counter
violent extremism, identify and report suspicious activities, and
increase awareness of and more quickly identify terrorism threats,
including the travel or attempted travel of individuals from the United
States to support a foreign terrorist organization (as such term is
described in section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)) abroad.
(b) Coordination.--To the extent practicable, in providing the
training under subsection (a), the Secretary shall coordinate with the
heads of other Federal agencies engaged in community outreach related
to countering violent extremism and shall also coordinate with such
agencies in the administration of related activities, including
community awareness briefings.
SEC. 102. COUNTERING VIOLENT EXTREMISM ASSESSMENT.
(a) Assessment Required.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Homeland Security, in
consultation with appropriate State, local, tribal, and territorial
representatives, shall assess the efforts of the Department of Homeland
Security to support countering violent extremism at the State, local,
tribal, and territorial levels. Such assessment shall include each of
the following:
(1) A cataloging of departmental efforts to assist State,
local, tribal, and territorial governments in countering
violent extremism.
(2) A review of cooperative agreements between the
Department and such governments relating to countering violent
extremism.
(3) An evaluation of departmental plans and any potential
opportunities to better support such governments that are in
furtherance of the Department's countering violent extremism
objectives and are consistent with all relevant constitutional,
legal, and privacy protections.
(b) Submission to Congress.--Not later than 150 days after the date
of the enactment of this Act and consistent with the protection of
classified information, the Secretary of Homeland Security shall submit
to the appropriate congressional committees the findings of the
assessment required under subsection (a) together with any related
information regarding best practices for countering violent extremism
at the State, local, tribal, and territorial levels.
SEC. 103. DEPARTMENT-SPONSORED CLEARANCES.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall notify the appropriate
congressional committees of the number of employees of State, local,
tribal, and territorial governments with security clearances sponsored
by the Department of Homeland Security. Such notification shall include
a detailed list of the agencies that employ such employees, the level
of clearance held by such employees, and whether such employees are
assigned as representatives to State and major urban area fusion
centers.
SEC. 104. DEFINITIONS.
In this title:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Select Committee on
Intelligence of the Senate.
(2) The term ``violent extremism'' means ideologically
motivated international terrorism or domestic terrorism, as
such terms are defined in section 2331 of title 18, United
States Code.
TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS
SEC. 201. DIRECTIVE.
(a) In General.--The Secretary of Homeland Security shall
incorporate, to the extent practicable, into Department of Homeland
Security efforts to combat terrorist recruitment and communications the
public testimonials of former violent extremists or their associates,
including friends and family. Such efforts may include the following:
(1) Countermessaging of foreign terrorist organization
communications and narratives.
(2) Related community engagement and public education
efforts.
(b) Coordination.--The Secretary of Homeland Security shall, where
appropriate, coordinate the efforts described in subsection (a) with
the heads of other Federal departments and agencies, as appropriate,
and, to the extent practicable, engage nongovernmental and
international partners in the identification and use of testimonials
described in such subsection.
(c) Rule of Construction.--Nothing in this section may be construed
to require the Secretary of Homeland Security to collect testimonials
directly from former violent extremists or their associates, including
friends and family.
TITLE III--COUNTERTERRORISM ADVISORY BOARD
SEC. 301. DEPARTMENT OF HOMELAND SECURITY COUNTERTERRORISM ADVISORY
BOARD.
(a) In General.--At the end of subtitle A of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) insert the
following new section:
``SEC. 210G. DEPARTMENTAL COORDINATION ON COUNTERTERRORISM.
``(a) Establishment.--There is in the Department a board to be
composed of senior representatives of departmental operational
components and headquarters elements. The purpose of the board shall be
to coordinate and integrate departmental intelligence, activities, and
policy related to the counterterrorism mission and functions of the
Department.
``(b) Charter.--There shall be a charter to govern the structure
and mission of the board. Such charter shall direct the board to focus
on the current threat environment and the importance of aligning
departmental counterterrorism activities under the Secretary's
guidance. The charter shall be reviewed and updated every 4 years, as
appropriate.
``(c) Members.--
``(1) Chair.--The Secretary shall appoint a Coordinator for
Counterterrorism within the Department who will serve as the
chair of the board.
``(2) Additional members.--The Secretary shall appoint
additional members of the board from among the following:
``(A) The Transportation Security Administration.
``(B) United States Customs and Border Protection.
``(C) United States Immigration and Customs
Enforcement.
``(D) The Federal Emergency Management Agency.
``(E) The Coast Guard.
``(F) United States Citizenship and Immigration
Services.
``(G) The United States Secret Service.
``(H) The National Protection and Programs
Directorate.
``(I) The Office of Operations Coordination.
``(J) The Office of the General Counsel.
``(K) The Office of Intelligence and Analysis.
``(L) The Office of Policy.
``(M) The Science and Technology Directorate.
``(N) Other Departmental offices and programs as
determined appropriate by the Secretary.
``(d) Meetings.--The board shall meet on a regular basis to discuss
intelligence and coordinate ongoing threat mitigation efforts and
departmental activities, including coordination with other Federal,
State, local, tribal, territorial, and private sector partners, and
shall make recommendations to the Secretary.
``(e) Terrorism Alerts.--The board shall advise the Secretary on
the issuance of terrorism alerts pursuant to section 203 of this Act.
``(f) Prohibition on Additional Funds.--No additional funds are
authorized to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section
210F the following new item:
``Sec. 210G. Departmental coordination on counterterrorism.''.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary, acting through the Coordinator for
Counterterrorism, shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the status and
activities of the board established under section 210G of the Homeland
Security Act of 2002, as added by subsection (a).
TITLE IV--PROHIBITION ON NEW FUNDING
SEC. 401. PROHIBITION ON NEW FUNDING.
No additional funds are authorized to be appropriated to carry out
this Act or the amendments made by this Act.
Passed the House of Representatives June 16, 2016.
Attest:
KAREN L. HAAS,
Clerk. | . Countering Terrorist Radicalization Act TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR (Sec. 101) This bill authorizes the Department of Homeland Security (DHS) to provide training at state and major urban area fusion centers for the purpose of administering community awareness briefings and related activities in furtherance of its efforts to counter violent extremism, identify and report suspicious activities, and increase awareness of and more quickly identify terrorism threats, including the travel or attempted travel of individuals from the United States to support a foreign terrorist organization abroad. (A "fusion center" serves as a focal point within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial and private sector partners.) (Sec. 102) The bill directs DHS to assess its efforts to support countering violent extremism at the state, local, tribal, and territorial levels. Such assessment shall: catalog such efforts; review cooperative agreements between DHS and such governments relating to countering violent extremism; and evaluate DHS plans and any potential opportunities to better support such governments that are in furtherance of DHS's countering violent extremism objectives and consistent with all relevant constitutional, legal, and privacy protections. (Sec. 103) DHS shall notify Congress of the number of employees of state, local, tribal, and territorial governments with security clearances sponsored by DHS, including a detailed list of the agencies that employ such employees, the level of clearance held, and whether such employees are assigned as representatives to fusion centers. TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS (Sec. 201) DHS shall incorporate the public testimonials of former extremists into its efforts to combat terrorist recruitment. Such efforts may include: (1) counter-messaging of foreign terrorist organization communications, and (2) related community engagement and public education efforts. TITLE III--COUNTERTERRORISM ADVISORY BOARD (Sec. 301) This title amends the Homeland Security Act of 2002 to establish in DHS a board to coordinate and integrate DHS's intelligence, activities, and policy related to its counterterrorism mission and functions. The board shall: (1) meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities, and (2) advise the Secretary of DHS on the issuance of terrorism alerts. The Secretary shall appoint a Coordinator for Counterterrorism within DHS to serve as the chair of the board. TITLE IV--PROHIBITION ON NEW FUNDING (Sec. 401) No additional funds are authorized to be appropriated to carry out this bill. | {"src": "billsum_train", "title": "Countering Terrorist Radicalization Act"} | 2,127 | 616 | 0.793221 | 2.782672 | 0.790787 | 5.161943 | 3.698381 | 0.91498 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neotropical Migratory Bird
Conservation Improvement Act of 2006''.
SEC. 2. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.
(a) Findings.--Section 2(1) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``but
breed in Canada and the United States'' after ``the Caribbean''.
(b) Purposes.--Section 3(2) of such Act (16 U.S.C. 6102(2)) is
amended by inserting ``Canada,'' after ``United States,''.
(c) Definition of Caribbean.--Section 4 of such Act (16 U.S.C.
6103) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (5), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Caribbean.--The term `Caribbean' includes Puerto Rico
and the United States Virgin Islands.''; and
(3) by inserting after paragraph (3), as so redesignated,
the following:
``(4) Fund.--The term `Fund' means the Neotropical
Migratory Bird Conservation Fund established by section
9(a).''.
(d) Authorization of Projects to Enhance Conservation in Canada.--
Section 5(c)(2) of such Act (16 U.S.C. 6104(c)(2)) is amended by
inserting ``Canada,'' after ``the United States,''.
(e) Cost Sharing.--Section 5(e) of such Act (16 U.S.C. 6104(e)) is
amended--
(1) in paragraph (1) by striking ``25 percent'' and
inserting ``50 percent''; and
(2) in paragraph (2) by amending subparagraph (B) to read
as follows:
``(B) Form of payment.--
``(i) Projects in the united states and
canada.--The non-Federal share required to be
paid for a project carried out in the United
States or Canada shall be paid in cash.
``(ii) Projects in latin america and the
caribbean.--The non-Federal share required to
be paid for a project carried out in Latin
America or the Caribbean may be paid in cash or
in kind.''.
(f) Advisory Group.--
(1) Composition.--Section 7(b)(1) of such Act (16 U.S.C.
6106(b)(1)) is amended by adding at the end the following:
``The advisory group as a whole shall have expertise in the
methods and procedures set forth in section 4(2) in each
country and region of the Western Hemisphere''.
(2) Encouragement to convene.--The Secretary of the
Interior is encouraged to convene an advisory group under
section 7(b)(1) of such Act by not later than 6 months after
the effective date of this Act. This paragraph shall not be
considered to authorize delay of the schedule previously
established by the United States Fish and Wildlife Service for
the submission, judging, and awarding of grants.
(g) Report.--Section 8 of such Act (16 U.S.C. 6107) is amended by
striking ``October 1, 2002,'' and inserting ``2 years after the date of
the enactment of the Neotropical Migratory Bird Conservation
Improvement Act of 2006''.
(h) Neotropical Migratory Bird Conservation Fund.--
(1) In general.--Section 9 of such Act (16 U.S.C. 6108) is
amended by striking so much as precedes subsection (c) and
inserting the following:
``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.
``(a) Establishment.--There is established in the Treasury a
separate account, which shall be known as the `Neotropical Migratory
Bird Conservation Fund'. The Fund shall consist of amounts deposited
into the Fund by the Secretary of the Treasury under subsection (b).
``(b) Deposits Into the Fund.--The Secretary of the Treasury shall
deposit into the Fund--
``(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
``(2) other amounts appropriated to the Fund.''.
(2) Administrative expenses.--Section 9(c)(2) of such Act
(16 U.S.C. 6108(c)(2)) is amended by striking ``$80,000'' and
inserting ``$150,000''.
(3) Conforming amendments.--Such Act is amended further as
follows:
(A) In section 4 (16 U.S.C. 6103), by striking
paragraph (1) and inserting the following:
``(1) Fund.--The term `Fund' means the Neotropical
Migratory Bird Conservation Fund established by section
9(a).''.
(B) In section 9(d) (16 U.S.C. 6108(d)), by
striking ``Account'' and inserting ``Fund''.
(4) Transfer.--The Secretary of the Treasury may transfer
to the Neotropical Migratory Bird Conservation Fund amounts
that were in the Neotropical Migratory Bird Conservation
Account immediately before the enactment of this Act.
(i) Authorization of Appropriations.--Section 10 of such Act (16
U.S.C. 6109) is amended to read as follows:
(1) by inserting ``(a) In General.--'' before the first
sentence;
(2) by striking ``$5,000,000 for each of fiscal years 2001
through 2005'' and inserting ``for each of fiscal years 2006
through 2010 the amount specified for that fiscal year in
subsection (b)''; and
(3) by adding at the end the following:
``(b) Authorized Amount.--The amount referred to in subsection (a)
is--
``(1) $5,000,000 for each of fiscal years 2006 and 2007;
``(2) $5,500,000 for fiscal year 2008;
``(3) $6,000,000 for fiscal year 2009; and
``(4) $6,500,000 for fiscal year 2010.
``(c) Availability.--Amounts appropriated under this section may
remain available until expended.
``(d) Allocation.--Of amounts appropriated under this section for
each fiscal year, not less than 75 percent shall be expended for
projects carried out outside the United States.''.
Passed the House of Representatives May 16, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Neotropical Migratory Bird Conservation Improvement Act of 2006 - Amends the Neotropical Migratory Bird Conservation Act (NMBCA) to allow financial assistance for projects that will enhance conservation of birds in specified countries, including Canada.
Defines "Caribbean" to include Puerto Rico and the U.S. Virgin Islands.
Increases the federal share of costs for projects funded under that Act. Prescribes the form of payment for such projects undertaken in the United States and Canada versus Latin America and the Caribbean.
Encourages the Secretary of the Interior to convene an advisory group to assist in carrying out NMBCA.
Establishes the Neotropical Migratory Bird Conservation Fund.
Increases the amount of funds that the Secretary may expend to administer the NMBCA.
Authorizes the Secretary of the Treasury to transfer to the Fund amounts that were in the Neotropical Migratory Bird Conservation Account immediately before the enactment of this Act.
Authorizes appropriations for FY2006-FY2010.
Requires at least 75% of such appropriations to be used for projects outside the United States. | {"src": "billsum_train", "title": "To require the Secretary of the Interior to refine the Department of the Interior program for providing assistance for the conservation of neotropical migratory birds."} | 1,512 | 244 | 0.615168 | 1.618376 | 1.003787 | 2.668421 | 6.626316 | 0.784211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Aid Act of 2001''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following new
part:
PART L--ACCESS AID ACT
``SEC. 10995A. INNOVATIVE PARTNERSHIPS AUTHORIZED.
``(a) Purposes of Access Aid Act.--The Secretary is authorized, in
accordance with the requirements of this part, to establish a
demonstration program with the following purposes:
``(1) Encourage nonprofit organizations working with local
school districts to establish a program that identifies and
mentors college eligible students and their families on college
selection, college admissions, and college funding. Such
program shall serve students no later than the end of grade 10
and shall continue to support them until the end of their 4- or
5-year college career. Nonprofit organizations shall provide
comprehensive mentoring, supportive services, and outreach to
students and others and schools participating under this part
to promote enrollment of first generation, low-income students
and others in colleges and universities across the Nation.
``(2) Shift the cost of programs established under this
part from the Federal Government to the private sector after 24
months to ensure that programs created under this part continue
without Federal funds.
``(3) A nonprofit organization selected to receive
assistance under this part shall involve parents or legal
guardians of students in every aspect of college selection and
college admissions in the financial aid process.
``(b) Counseling Component; Individual Services.--The primary focus
of the counseling services under this part shall be college selection,
college admissions, and college funding. Such counseling shall involve
the students' parents or legal guardians and shall be conducted on an
individual and confidential basis. The program shall enable students to
evaluate and select a college based on the student's interest level and
qualifications not cost. Such support programs ensures a higher rate of
college graduation.
``(c) Emergency Grant Component.--Programs under this part may
provide participating students small grants to underwrite the costs of
college visits or to purchase books and equipment required by (but not
included in) the student budget of the college. In addition, emergency
grants may be used when a student's demonstrated need is not fully
funded by the postsecondary institution. In every case, emergency
grants will be made pursuant to the purposes outlined in this part.
``(d) Workshops Component.--In addition to individual counseling of
students and scholars, the organization shall provide outreach support
to each participating school's guidance or career counseling staff and
provide workshops relating to college admissions, college funding, and
financial aid form completion to the general population of each
participating school or other interested schools. At each project site,
the organization shall provide no less than 10 workshops in
participating and surrounding school districts.
``SEC. 10995B. IMPLEMENTATION OF PROGRAM.
``(a) Identification of Participants.--The students selected for
assistance under this part shall be nominated for the program by the
staffs of the participating high schools. The primary standard for
selection relates to college eligible, first generation, low-income
students, with no student served by TRIO or GEAR UP eligible for the
program under this part.
``(b) Scope of Access Aid.--Students shall be selected for
assistance under this part in each State.
``(c) Qualifying Organizations.--In order to qualify for a grant
under this part, the applicant shall--
``(1) be a tax-exempt not-for-profit organization;
``(2) not be affiliated with a public or private
educational institution;
``(3) not sell a financial product of any kind;
``(4) demonstrate experience in the college admissions and
college funding arenas;
``(5) demonstrate familiarity with Federal outreach
programs;
``(6) demonstrate prior experience with the public
secondary school sector;
``(7) provide evidence that there is a demand by schools
and school districts for its program;
``(8) provide a plan for orderly shift of the funding
component from the public to the private sector;
``(9) provide for a plan for public awareness of the
program, the participants, and the outcomes;
``(10) provide a plan for counseling services for
participants from entry into the program until completion of
college; and
``(11) include a quantifiable evaluation plan.
``(d) Plan Required for Eligibility.--
``(1) In order to qualify for a grant under this part, the
applicant shall submit to the Secretary a plan for carrying out
the program under this part. Such plan shall describe the
program, including the selection process for participating
students and the districts, the services rendered, and the
strategy to be used to shift the funding responsibility from
the Federal Government to the private sector.
``(2) The plan submitted pursuant to paragraph (1) shall be
in such form, contain or be accompanied by such information,
and be submitted at such time as the Secretary may require by
regulation and shall--
``(A) describe the activities for which assistance
under this section is sought; and
``(B) provide such additional assurances to ensure
compliance with the requirements of this part.
``SEC. 10995C. EARLY INTERVENTION.
``In order to receive payments under this part, an organization
shall demonstrate to the satisfaction of the Secretary that the
organization will provide comprehensive mentoring, outreach, and
supportive services to students, parents, and schools participating
under this part to promote enrollment of first generation, low-income
students in colleges and universities across the Nation. Such
individual services shall begin not later than the end of the 10th
grade and shall continue until completion of college. Such counseling
must involve the students' parents or legal guardians and shall be
conducted on an individual and confidential basis. The primary focus of
the counseling services shall be college selection, college admissions,
and college funding. In order to assure completion of college, the
program shall have participating students select and attend colleges
across the Nation based upon their appropriateness for the student
rather than the cost.
``SEC. 10995D. USES OF FUNDS.
``(a) In General.--The Secretary shall, by regulation, establish
criteria for determining whether comprehensive mentoring, counseling,
outreach, and supportive services programs may be used to meet the
requirements of this part.
``(b) Allowable Providers.--To meet the requirements of this part,
the organization may contract on a limited basis certain services from
other providers.
``SEC. 10995E. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$2,000,000 for each of fiscal years 2002 through 2006.''. | Access to Aid Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to establish a demonstration program to assist nonprofit organizations working with local school districts to establish programs that identify and mentor college-eligible students and their families. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to establish a program to identify and mentor college eligible high school students and their parents or legal guardians, and for other purposes."} | 1,493 | 58 | 0.518808 | 1.186288 | 1.005153 | 3.803922 | 28.058824 | 0.901961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Notch Act of 1993''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
Section 215(a) of the Social Security Act (42 U.S.C. 415(a)) is
amended--
(1) in paragraph (4)(B), by inserting ``(with or without
the application of paragraph (8))'' after ``would be made'';
and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraph (F) of this paragraph), the amount of the
individual's primary insurance amount as computed or recomputed under
paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the difference under old law, by
``(ii) the applicable percentage of the difference under
old law to be added under subparagraph (A), as determined, in
relation to the year in which the individual becomes eligible
for old-age insurance benefits, by the following table:
``If the individual
The percentage of
becomes eligible for
the difference under
such benefits in:
old law to be added is:
1979................................. 70 percent
1980................................. 45 percent
1981................................. 40 percent
1982................................. 35 percent
1983................................. 35 percent
1984................................. 35 percent
1985................................. 30 percent
1986................................. 30 percent
1987................................. 25 percent
1988................................. 25 percent
1989................................. 20 percent
1990................................. 20 percent
1991................................. 15 percent
1992................................. 15 percent
1993................................. 10 percent
``(C) For purposes of subparagraph (B), the term `difference under
old law' means, in the case of any individual, the excess of--
``(i) the applicable old law primary insurance amount, over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable old
law primary insurance amount' means, in the case of any individual, the
amount which would be such individual's primary insurance amount if it
were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.''.
SEC. 3. EFFECTIVE DATE AND RELATED RULES.
(a) Applicability of Amendments.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this Act shall be effective as though they
had been included or reflected in section 201 of the Social
Security Amendments of 1977.
(2) Prospective applicability.--No monthly benefit or
primary insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for any
month before the month in which this Act is enacted.
(b) Recomputation to Reflect Benefit Increases.--In any case in
which an individual is entitled to monthly insurance benefits under
title II of the Social Security Act for the month before the month in
which this Act is enacted, if such benefits are based on a primary
insurance amount computed--
(1) under section 215 of such Act as in effect (by reason
of the Social Security Amendments of 1977) after December 1978,
or
(2) under section 215 of such Act as in effect prior to
January 1979 by reason of subsection (a)(4)(B) of such section
(as amended by the Social Security Amendments of 1977),
the Secretary of Health and Human Services (notwithstanding section
215(f)(1) of the Social Security Act) shall recompute such primary
insurance amount so as to take into account the amendments made by this
Act. | Social Security Notch Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to alter the formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and are subject to the benefit computation rules of the Social Security Amendments of 1977. | {"src": "billsum_train", "title": "Social Security Notch Act of 1993"} | 1,314 | 70 | 0.527527 | 1.131144 | 0.105486 | 2.7 | 19.55 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children Come First Act of 2007''.
SEC. 2. LIMITATION ON PAYMENTS FOR STATES COVERING CHILDREN IN FAMILIES
WITH INCOME BETWEEN 200 AND 300 PERCENT OF THE POVERTY
LINE; OPTION OF PREMIUM ASSISTANCE FOR CHILDREN OF HIGHER
INCOME FAMILIES.
(a) In General.--Section 2105(c) of the Social Security Act (42
U.S.C. 1397ee(c)) is amended by adding at the end the following new
paragraph:
``(8) Limitation on payments for states covering children
of higher income families.--
``(A) In general.--No payment shall be made under
this section for child health assistance provided for a
child of a higher income family (as defined in
subparagraph (B)) under the State child health plan
unless--
``(i) the family demonstrates that health
insurance coverage for the child is--
``(I) unattainable, in accordance
with subparagraph (C); or
``(II) unaffordable, in accordance
with subparagraph (D); and
``(ii) the plan permits the family to be
provided child health assistance through the
form of premium assistance described in
subparagraph (E) rather than through Medicaid
or otherwise.
``(B) Higher income family.--For purposes of this
paragraph, the term `higher income family' means a
family the income of which exceeds 200 percent, but
does not exceed 300 percent, of the poverty line.
``(C) Unattainability.--For purposes of this
paragraph, health insurance coverage shall be treated
as unattainable with respect to the child of a higher
income family if the family can demonstrate an
inability to obtain health insurance coverage for the
child (as determined in accordance with standards
established by the Secretary).
``(D) Unaffordability.--
``(i) In general.--For purposes of this
paragraph, health insurance coverage shall be
treated as unaffordable with respect to the
child of a higher income family if the premium
for such coverage exceeds the percentage (as
determined by the Secretary under clause (ii))
of the adjusted gross income of the family. In
applying the previous sentence to family
coverage, there shall only be taken into
account the portion of such premium that is
actuarially attributable to children (as
computed for purposes of subparagraph
(E)(iii)).
``(ii) Percentage determined.--The
Secretary shall determine a percentage under
this clause based on factors such as family
size, the average premium for health insurance
coverage in the private sector for children,
and such other factors as the Secretary deems
appropriate.
``(E) Premium assistance option.--
``(i) In general.--The premium assistance
option under this subparagraph shall be in the
form of payment of premium for a policy that
provides health insurance benefits to the child
of a higher income family involved. Except as
otherwise specifically provided, the State
child health plan shall establish standards for
such benefits and premium contributions.
``(ii) Treatment.--Payment of premium
assistance under this subparagraph shall be
treated as child health assistance for purposes
of obtaining Federal financial participation
under section 2105.
``(iii) Application to family coverage.--In
the case of premium assistance under this
subparagraph applied to coverage of one or more
children under family coverage that covers a
parent of such a child or other individuals who
are not children, the amount of the premium
payment under the option under this
subparagraph shall be adjusted to take into
account only the portion of the health
insurance benefits that are actuarially
attributable to such children.
``(F) Exception for currently covered
individuals.--Subparagraph (A) shall not apply until
October 1, 2011, to children who are enrolled under
this part as targeted low-income children as of October
1, 2008.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to State child health plans for payment for items and services
furnished on or after October 1, 2008. | Children Come First Act of 2007 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act to prohibit SCHIP payments for children in families with income between 200% and 300% of the poverty line (higher income families) unless: (1) health insurance coverage for the family is demonstrably unattainable or unaffordable; and (2) the state SCHIP plan permits the family to receive child health assistance through specified optional premium assistance rather than through Medicaid or otherwise. | {"src": "billsum_train", "title": "To amend title XXI of the Social Security Act to impose requirements on coverage of children in higher income families under the State Children's Health Insurance Program (SCHIP)."} | 949 | 114 | 0.590869 | 1.497532 | 0.650955 | 2.65625 | 8.645833 | 0.84375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Information Technology
Workforce and Acquisition Improvement Act of 2002''.
SEC. 2. EXTENSION OF PROGRAM APPLYING SIMPLIFIED PROCEDURES TO CERTAIN
COMMERCIAL ITEMS.
Section 4202 of the Clinger-Cohen Act of 1996 (divisions D and E of
Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended--
(1) in subsection (e), by striking ``January 1, 2003'' and
inserting ``January 1, 2008''; and
(2) by adding at the end the following new subsection:
``(f) Report.--Not later than December 31, 2004, the Comptroller
General shall submit to Congress a report on the effectiveness of the
implementation of the provisions enacted by this section and any
recommendations for improving such effectiveness.''.
SEC. 3. INFORMATION TECHNOLOGY EXCHANGE PROGRAM.
(a) Findings.--Congress finds that--
(1) unless action is taken soon, there will be a crisis in
the government's ability to deliver essential services to the
American people;
(2) by 2006, over 50 percent of the Federal Government's
information technology workforce will be eligible to retire,
creating a huge demand in the Federal Government for high-skill
workers;
(3) despite a 44 percent decrease in the demand for
information technology workers in the private sector, the
Information Technology Association of America reported in 2001
that employers will need to fill over 900,000 new information
technology jobs and will be unable to find qualified workers
for 425,000 of those jobs;
(4) to highlight the urgency of this situation, in January
2001, the General Accounting Office added the Federal
Government's human capital management to its list of high-risk
problems for which an effective solution must be found;
(5) despite efforts to increase flexibility in Federal
agencies' employment practices, compensation issues continue to
severely restrain recruitment for Federal agencies; and
(6) an effective, efficient, and economical response to
this crisis would be to create a vibrant, ongoing exchange
effort designed to share talent, expertise, and advances in
management between leading-edge businesses and Federal agencies
engaged in best practices.
(b) Information Technology Exchange Program.--
(1) In general.--Subpart B of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 37--INFORMATION TECHNOLOGY EXCHANGE PROGRAM
``Sec.
``3701. Definitions.
``3702. General provisions.
``3703. Assignment of employees to private sector organizations.
``3704. Assignment of employees from private sector organizations.
``3705. Authority of the Office of Personnel Management.
``Sec. 3701. Definitions
``For purposes of this chapter--
``(1) the term `agency' means an Executive agency, but does
not include the General Accounting Office; and
``(2) the term `detail' means--
``(A) the assignment or loan of an employee of an
agency to a private sector organization without a
change of position from the agency that employs the
individual; or
``(B) the assignment or loan of an employee of a
private sector organization to an agency without a
change of position from the private sector organization
that employs the individual,
whichever is appropriate in the context in which such term is
used.
``Sec. 3702. General provisions
``(a) On request from or with the agreement of a private sector
organization, and with the consent of the employee concerned, the head
of an agency may arrange for the assignment of an employee of the
agency to a private sector organization or an employee of a private
sector organization to the agency. An eligible employee is an
individual who--
``(1) works in the field of information technology
management;
``(2) is considered an exceptional performer by the
individual's current employer; and
``(3) is expected to assume increased information
technology management responsibilities in the future.
An employee of an agency shall be eligible to participate in this
program only if the employee is employed at the GS-11 level or above
(or equivalent) and is serving under a career or career-conditional
appointment or an appointment of equivalent tenure in the excepted
service.
``(b) Each agency that exercises its authority under this chapter
shall provide for a written agreement between the agency and the
employee concerned regarding the terms and conditions of the employee's
assignment. In the case of an employee of the agency, the agreement
shall--
``(1) require the employee to serve in the civil service,
upon completion of the assignment, for a period equal to the
length of the assignment; and
``(2) provide that, in the event the employee fails to
carry out the agreement (except for good and sufficient reason,
as determined by the head of the agency from which assigned)
the employee shall be liable to the United States for payment
of all expenses (excluding salary) of the assignment. The
amount shall be treated as a debt due the United States.
``(c) Assignments may be terminated by the agency or private sector
organization concerned for any reason at any time.
``(d) Assignments under this chapter shall be for 1 year and may be
extended for an additional period not to exceed 1 year.
``(e) The Chief Information Officers Council, by agreement with the
Office of Personnel Management, may assist in the administration of
this chapter, including by maintaining lists of potential candidates
for assignment under this chapter, establishing mentoring relationships
for the benefit of individuals who are given assignments under this
chapter, and publicizing the program.
``Sec. 3703. Assignment of employees to private sector organizations
``(a) An employee of an agency assigned to a private sector
organization under this chapter is deemed, during the period of the
assignment, to be on detail to a regular work assignment in his agency.
``(b) Notwithstanding any other provision of law, an employee of an
agency assigned to a private sector organization under this chapter is
entitled to retain coverage, rights, and benefits under subchapter I of
chapter 81, and employment during the assignment is deemed employment
by the United States, except that, if the employee or the employee's
dependents receive from the private sector organization any payment
under an insurance policy for which the premium is wholly paid by the
private sector organization, or other benefit of any kind on account of
the same injury or death, then, the amount of such payment or benefit
shall be credited against any compensation otherwise payable under
subchapter I of chapter 81.
``(c) The assignment of an employee to a private sector
organization under this chapter may be made with or without
reimbursement by the private sector organization for the travel and
transportation expenses to or from the place of assignment, subject to
the same terms and conditions as apply with respect to an employee of a
Federal agency or a State or local government under section 3375, and
for the pay, or a part thereof, of the employee during assignment. Any
reimbursements shall be credited to the appropriation of the agency
used for paying the travel and transportation expenses or pay.
``(d) The Federal Tort Claims Act and any other Federal tort
liability statute apply to an employee of an agency assigned to a
private sector organization under this chapter. The supervision of the
duties of an employee of an agency so assigned to a private sector
organization may be governed by an agreement between the agency and the
organization.
``Sec. 3704. Assignment of employees from private sector organizations
``(a) An employee of a private sector organization assigned to an
agency under this chapter is deemed, during the period of the
assignment, to be on detail to such agency.
``(b) An employee of a private sector organization assigned to an
agency under this chapter--
``(1) may continue to receive pay and benefits from the
private sector organization from which he is assigned;
``(2) is deemed, notwithstanding subsection (a), to be an
employee of the agency for the purposes of--
``(A) chapter 73, except for section 7353(a)(1);
``(B) sections 203, 205, 207, 208, 603, 606, 607,
643, 654, 1905, and 1913 of title 18;
``(C) sections 1343, 1344, and 1349(b) of title 31;
``(D) the Federal Tort Claims Act and any other
Federal tort liability statute;
``(E) the Ethics in Government Act of 1978;
``(F) section 1043 of the Internal Revenue Code of
1986; and
``(G) section 27(p)(8) of the Office of Federal
Procurement Policy Act; and
``(3) is subject to such regulations as the President may
prescribe.
The supervision of an employee of a private sector organization
assigned to an agency under this chapter may be governed by agreement
between the agency and the private sector organization concerned. Such
an assignment may be made with or without reimbursement by the agency
for the pay, or a part thereof, of the employee during the period of
assignment, or for any contribution of the private sector organization
to employee benefit systems.
``(c) An employee of a private sector organization assigned to an
agency under this chapter who suffers disability or dies as a result of
personal injury sustained while performing duties during the assignment
shall be treated, for the purpose of subchapter I of chapter 81, as an
employee as defined by section 8101 who had sustained the injury in the
performance of duty, except that, if the employee or the employee's
dependents receive from the private sector organization any payment
under an insurance policy for which the premium is wholly paid by the
private sector organization, or other benefit of any kind on account of
the same injury or death, then, the amount of such payment or benefit
shall be credited against any compensation otherwise payable under
subchapter I of chapter 81.
``Sec. 3705. Authority of the Office of Personnel Management
``The Director of the Office of Personnel Management shall
prescribe regulations for the administration of this chapter.''.
(2) Clerical amendment.--The analysis for part III of title
5, United States Code, is amended by inserting after the item
relating to chapter 35 the following:
``37. Information Technology Exchange Program............... 3701''.
(c) Allowability of Costs.--Within 120 days after the enactment of
this Act, the Federal Acquisition Regulatory Council shall amend the
Federal Acquisition Regulation to recognize the costs associated with
an employee's participation in the program authorized by subsection (b)
as allowable training and education costs. Such costs--
(1) include the employee's salary and fringe benefits for a
period not to exceed the period of the employee's assignment
under the program authorized by subsection (b), as well as
moving and travel expenses; and
(2) may be treated, for accounting purposes--
(A) as an indirect cost and accounted for in--
(i) an established overhead account; or
(ii) an overhead account established
specifically for the program authorized by
subsection (b) and allocated exclusively to the
contractor's Federal Government contracts; or
(B) as a direct cost chargeable to fixed price or
time and material contracts.
(d) Technical and Conforming Amendments.--
(1) Amendments to title 5, united states code.--Title 5,
United States Code, is amended--
(A) in section 3111 by adding at the end the
following:
``(d) Notwithstanding section 1342 of title 31, the head of an
agency may accept voluntary service for the United States under chapter
37 of this title and regulations of the Office of Personnel
Management.''; and
(B) in section 4108 by striking subsection (d).
(2) Other amendments.--Section 125(c)(1) of Public Law 100-
238 (5 U.S.C. 8432 note) is amended--
(A) in subparagraph (B) by striking ``or'' at the
end;
(B) in subparagraph (C) by striking ``and'' at the
end and inserting ``or''; and
(C) by adding at the end the following:
``(D) an individual assigned from a Federal agency
to a private sector organization under chapter 37 of
title 5, United States Code; and''.
SEC. 4. AUTHORIZATION OF TELECOMMUTING FOR FEDERAL CONTRACTORS.
(a) Amendment to the Federal Acquisition Regulation.--Not later
than 180 days after the date of the enactment of this Act, the Federal
Acquisition Regulation issued in accordance with sections 6 and 25 of
the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421)
shall be amended to permit the use of telecommuting by employees of
Federal contractors in the performance of contracts with executive
agencies.
(b) Content of Amendment.--The amendment issued pursuant to
subsection (a) shall, at a minimum, provide that solicitations for the
acquisition of goods or services shall not set forth any requirement or
evaluation criteria that would--
(1) render an offeror ineligible to receive a contract
award based on the offeror's plan to allow its employees to
telecommute; or
(2) reduce the scoring of an offeror's proposal based upon
the contractor's plan to allow its employees to telecommute,
unless the contracting officer first--
(A) determines that the needs of the agency,
including the security needs of the agency, cannot be
met without any such requirement; and
(B) explains in writing the basis for that
determination.
(c) GAO Report.--Not later than one year after the date on which
the amendment required by subsection (a) is published in the Federal
Register, the Comptroller General shall submit to Congress an
evaluation of--
(1) compliance by executive agencies with the regulations;
and
(2) conformance of the regulations with existing law,
together with any recommendations that the Comptroller General
considers appropriate.
(d) Definition.--In this section, the term ``executive agency'' has
the meaning given that term in section 105 of title 5, United States
Code. | Federal Information Technology Workforce and Acquisition Improvement Act of 2002 - Amends the Clinger-Cohen Act of 1996 to extend until January 1, 2008, the authority to issue solicitations for purchases of commercial items in excess of the simplified acquisition threshold pursuant to the special simplified procedures.Establishes an information technology exchange program between the Government and the private sector. Provides for one-year assignments of executive agency information technology management employees to private sector organizations, and of private sector information technology management employees to executive agencies.Sets forth administrative provisions governing such assignments, including pay, creditable service, life and health insurance coverage, reimbursement, liability, and Federal employee status.Requires the Federal Acquisition Regulation to be amended to permit the use of telecommuting by employees of Federal contractors in the performance of contracts with executive agencies. | {"src": "billsum_train", "title": "To amend the Clinger-Cohen Act of 1996 to extend until January 1, 2008, a program applying simplified procedures to the acquisition of certain commercial items; to establish an exchange program between the Federal Government and the private sector in order to promote the development of expertise in information technology management; and to authorize telecommuting for Federal contractors, and for other purposes."} | 3,099 | 174 | 0.457978 | 1.46729 | 0.8048 | 3.355263 | 19.572368 | 0.881579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Refinancing Assistance Act of
1993''.
SEC. 2. INSURANCE FOR MORTGAGES TO REFINANCE UNDERWATER MORTGAGES.
Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is
amended by adding at the end the following new section:
``insurance of `underwater' single family mortgages
``Sec. 266. (a) Insurance Authority.--The Secretary may, upon
application by a mortgagee, insure any refinancing mortgage eligible
for insurance under this section to the extent authorized by this
section, upon such terms and conditions as the Secretary may prescribe,
and may make commitments for the insurance of such refinancing
mortgages before the date of the execution of such mortgages.
``(b) Extent of Insurance.--The Secretary may provide insurance
under this section, and make commitments to provide such insurance,
only with respect to the portion of the original principal obligation
(including such initial service charges, appraisal, inspection, and
other fees approved by the Secretary) of an eligible refinancing
mortgage that exceeds 95 percent of the appraised value of the property
subject to the mortgage, as of the date the refinancing mortgage is
accepted for insurance under this section, as determined by the
Secretary.
``(c) Eligibility Requirements.--The Secretary may insure a
refinancing mortgage under this section only if the mortgage complies
with the following requirements:
``(1) Mortgagee.--The refinancing mortgage has been made
to, and held by, a mortgagee approved by the Secretary as
responsible and able to service the mortgage properly.
``(2) Mortgagor.--The mortgagor under the refinancing
mortgage--
``(A) is the mortgagor under the underlying
mortgage being refinanced;
``(B)(i) has made regular payments on a timely
basis on the underlying mortgage (and, if applicable,
any other previous mortgage on the property), as
required by the applicable mortgage agreement, for a
period of not less than 36 months, or (ii) has been
determined under subsection (d) to be an acceptable
credit risk; and
``(C) has a gross income that meets such standards
as the Secretary shall establish under this section to
ensure that the mortgagor will be able (i) to make the
periodic payments required by the mortgage insured
under this section, and (ii) to meet other long-term
obligations of the mortgagor.
``(3) Underlying mortgage.--The proceeds of the refinancing
mortgage are used for satisfaction of the outstanding balance
owed under an underlying mortgage that--
``(A) is a first mortgage on a dwelling that is--
``(i) designed principally for a 1- to 4-
family residence;
``(ii) occupied by the mortgagor under the
refinancing mortgage who is also the mortgagor
under the underlying mortgage; and
``(iii) located in a real estate market
area that the Secretary has determined is no
longer subject to substantially decreasing
property values that will result in an
unreasonable risk of losses to the Federal
Government under mortgage insurance provided
under this section;
``(B) is not delinquent;
``(C) involves an outstanding principal obligation
(including such initial service charges, appraisal,
inspection, and other fees approved by the Secretary)
that exceeds 95 percent of the appraised value of the
property subject to the mortgage, as of the date the
refinancing mortgage is accepted for insurance under
this section, as determined by the Secretary;
``(D) in the case of an underlying mortgage on a
condominium unit in a project that was converted from
rental housing--
``(i) was executed more than 1 year after
the conversion of the project;
``(ii) has as a mortgagor or comortgagor a
tenant of the rental housing; or
``(iii) covers a unit in a project for
which the conversion is sponsored by a bona
fide tenants organization representing a
majority of the households in the project; and
``(E) meets any other requirements as the Secretary
may provide.
``(4) Limitation on amount.--The refinancing mortgage
involves a principal obligation in an amount that does not to
exceed--
``(A) 125 percent of the appraised value of the
property subject to the mortgage; and
``(B) the outstanding balance owed under the
underlying mortgage, plus such initial service charges,
appraisal, inspection, and other fees as the Secretary
shall approve.
``(5) Monthly payment amount.--The amount of each monthly
payment due under the refinancing mortgage is less than that
due under the underlying mortgage for the month in which the
refinancing mortgage is executed.
``(6) Interest.--The refinancing mortgage bears interest at
such rate as may be agreed upon by the mortgagor and the
mortgagee.
``(7) Maturity.--The refinancing mortgage has a maturity
satisfactory to the Secretary that does not, in any event,
exceed 35 years from the date of the beginning of the
amortization of the mortgage, and the Secretary may provide
under this paragraph for limitations on the maturity of
refinancing mortgages based on the unexpired terms of the
underlying mortgages being refinanced.
``(8) Other terms.--The refinancing mortgage has such terms
regarding maturity, amortization, periodic payments and
application of such payments to principal, insurance, repairs,
alterations, payment of taxes, default reserves, delinquency
charges, foreclosure proceedings, anticipation of maturity,
additional and subordinate liens, and other matters as the
Secretary may provide.
``(d) Hardship Provisions.--A mortgagor failing to meet the
requirements of subsection (c)(2)(B)(i) shall be considered to be an
acceptable credit risk for purposes of subsection (c)(2)(B)(ii) if the
Secretary determines that--
``(1) the failure was caused by circumstances beyond the
control of the mortgagor that rendered the mortgagor
temporarily unable to make such regular payments on the
underlying mortgage;
``(2) before such circumstances, the mortgagor had made
regular payments on a timely basis on the underlying mortgage
(and, if applicable, any other previous mortgage on the
property), as required by the applicable mortgage agreement for
such period as the Secretary considers appropriate for purposes
of this subsection;
``(3) the circumstances causing such failure have been
alleviated, or the income of the mortgagor has increased, to
the extent necessary to allow the mortgagor to make regular
payments under the refinancing mortgage; and
``(4) the mortgagor meets such other requirements as the
Secretary may reasonably require to ensure that the mortgagor
will meet the obligations under the refinancing mortgage.
``(e) General Insurance Fund.--The insurance of refinancing
mortgages under this section shall be the obligation of the General
Insurance Fund established under section 519.
``(f) Premiums.--
``(1) Establishment.--The Secretary may fix a premium
charge for the insurance under this section of refinancing
mortgages, which shall be an amount equivalent to a percentage
per annum, determined by the Secretary, of the amount of the
portion of outstanding principal obligation of the refinancing
mortgage that is insured under this section, without taking
into account delinquent payments or prepayments. Any such
premiums received shall be credited to the General Insurance
Fund.
``(2) Manner and timing.--The premium charges shall be
payable by the mortgagee either in cash or in debentures (at
par plus accrued interest) issued by the Secretary as
obligations of the General Insurance Fund, in the manner
prescribed by the Secretary, except that the Secretary may not
require the payment of any such premium charges at the time the
refinancing mortgage is insured. In fixing the premium charges,
the Secretary shall take into consideration the risk involved
in insuring the portion of a mortgage that exceeds the
appraised value of the property subject to the mortgage.
``(3) Acceptance.--If the Secretary finds upon presentation
of a refinancing mortgage for insurance that the mortgage
complies with the provisions of this section, the mortgage may
be accepted for insurance by endorsement or otherwise as the
Secretary may prescribe.
``(4) Refund of unearned premiums.--In the event the
portion of the principal obligation of any refinancing mortgage
insured under this section is paid in full prior to the
maturity date, the Secretary may refund to the mortgagee for
the account of the mortgagor all of the current unearned
premium charges theretofore paid or such portion of the
unearned premiums as the Secretary determines to be equitable.
``(g) Right to Insurance Benefits.--The mortgagee shall be entitled
to receive the benefits of the insurance, in accordance with
regulations prescribed by the Secretary upon--
``(1) the sale of the insured property--
``(A) at foreclosure, if such sale is for at least
the fair market value of the property (with appropriate
adjustments), as determined by the Secretary; or
``(B) by the mortgagor after default, if--
``(i) the sale has been approved by the
Secretary;
``(ii) the mortgagee receives an amount at
least equal to the fair market value of the
property (with appropriate adjustments), as
determined by the Secretary; and
``(iii) the mortgagor has received
appropriate homeownership counseling, as
determined by the Secretary; and
``(2) assignment to the Secretary of all claims of the
mortgagee against the mortgagor or others to any proceeds of
such sale in excess of the amount equal to the portion of the
unpaid principal balance of the loan not insured under this
section that arise out of the mortgage transaction or
foreclosure proceedings, except any claims that have been
released with the consent of the Secretary.
``(h) Payment of Insurance.--
``(1) In general.--Upon the sale of insured property and
assignment of claims referred to in subsection (g), the
obligation of the mortgagee to pay the premium charges for
insurance shall cease and the Secretary shall--
``(A) pay to the mortgagee cash in an amount equal
to the value of the portion of the mortgage insured
under this section, as determined by the Secretary; or
``(B) issue to the mortgagee debentures having a
par value equal to the cash amount under subparagraph
(A).
``(2) Cash payments.--If the insurance payment is made in
cash, there shall be included in the payment an amount
equivalent to the interest that the debentures would have
earned if such payment were made in debentures, computed to a
date established pursuant to regulations issued by the
Secretary.
``(i) Debentures.--
``(1) Execution.--Debentures issued under this section
shall be executed in the name of the General Insurance Fund as
obligor, shall be negotiable, and, if in book entry form,
transferable, in the manner provided by the Secretary in
regulations, and shall be dated as of the date the insured
property is sold under subsection (g) and shall bear interest
from such date.
``(2) Terms.--Debentures issued under this section shall--
``(A) bear interest at a rate, established by the
Secretary pursuant to section 224, payable semiannually
on the 1st day of January and the 1st day of July of
each year;
``(B) have such maturity as the Secretary shall
provide;
``(C) be exempt from taxation as provided in
section 207(i) with respect to debentures issued under
such section;
``(D) be in such form and amounts, subject to such
terms and conditions, and include such provisions for
redemption, if any, as may be prescribed by the
Secretary of Housing and Urban Development, with the
approval of the Secretary of the Treasury, and may be
in book entry or certificated registered form, or such
other form as the Secretary of Housing and Urban
Development may prescribe in regulations;
``(E) be paid out of the General Insurance Fund,
which shall be primarily liable therefor; and
``(F) be fully and unconditionally guaranteed as to
principal and interest by the United States, and, in
the case of debentures issued in certificated
registered form, the guaranty shall be expressed on the
face of the debentures.
``(3) Obligation of treasury.--In the event the General
Insurance Fund fails to pay upon demand, when due, the
principal of or interest on any debentures so guaranteed, the
Secretary of the Treasury shall pay the holders the amount of
the debentures, which is hereby authorized to be appropriated,
and upon such payment the Secretary of the Treasury shall
succeed to all the rights of the holders of such debentures, to
the extent of the amount paid.
``(j) Other Powers of Secretary.--The provisions of subsections
(c), (d), and (h) of section 2 shall apply to refinancing mortgages
insured under this subsection and, for the purposes of this subsection,
references in subsections (c), (d), and (h) of section 2 to `this
section' or `this title' shall be construed to refer to this section.
``(k) Protection of Secretary's Interest.--Notwithstanding any
other provisions of this Act, the Secretary may--
``(1) make expenditures and advances out of funds made
available by this Act to preserve and protect the interest of
the Secretary in any security for, or the lien or priority of
the lien under, any mortgage or other indebtedness insured by
or owing to the Secretary under this section; and
``(2) bid for and purchase at any foreclosure or other sale
or otherwise acquire property pledged, mortgaged, conveyed,
attached, or levied upon to secure the payment of any
indebtedness owing to the Secretary under this section.
The authority conferred by this subsection may be exercised as provided
in the last sentence of section 204(g).
``(l) Refinancing.--A refinancing mortgage insured under this
section may be refinanced and extended in accordance with such terms
and conditions as the Secretary may prescribe, but in no event for an
additional amount or term which exceeds the maximum provided for
pursuant to this subsection.
``(m) Definitions.--For purposes of this section:
``(1) The terms `mortgage', `mortgagee', `mortgagor', and
`first mortgage' have the meanings given such terms in section
201, except that the term `mortgage' includes--
``(A) a first mortgage given to secure the unpaid
purchase price of a fee interest in, or long-term
leasehold interest in, a one-family unit in a
multifamily project, including a project in which the
dwelling units are attached, semi-detached, or
detached, and an undivided interest in the common areas
and facilities which serve the project; and
``(B) a first lien given to secure a loan made to
finance the purchase of stock or membership in a
cooperative ownership housing corporation the permanent
occupancy of the dwelling units of which is restricted
to members of such corporation, where the purchase of
such stock or membership will entitle the purchaser to
the permanent occupancy of one of such units.
``(2) The term `underlying mortgage' means, with respect to
a refinancing mortgage, the first mortgage on the same dwelling
that is subject to the refinancing mortgage.
``(3) The term `refinancing mortgage' means a subordinate
lien on a dwelling securing a loan, the proceeds of which are
used for the satisfaction of advances on, or the unpaid
purchase price, of the dwelling, which are secured by a first
mortgage on the same dwelling.''.
HR 3296 IH----2 | Home Refinancing Assistance Act of 1993 - Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to insure qualifying single family home refinancings. | {"src": "billsum_train", "title": "Home Refinancing Assistance Act of 1993"} | 3,613 | 42 | 0.522984 | 1.227216 | 0.574147 | 3.068966 | 111.655172 | 0.862069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Adjustment Assistance for
Farmers Act''.
SEC. 2. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.
(a) In General.--Title II of the Trade Act of 1974 (19 U.S.C. 2251
et seq.) is amended by adding at the end the following new chapter:
``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS
``SEC. 291. DEFINITIONS.
``In this chapter:
``(1) Agricultural commodity producer.--The term
`agricultural commodity producer' means any person who is
engaged in the production and sale of an agricultural commodity
in the United States and who owns or shares the ownership and
risk of loss of the agricultural commodity.
``(2) Agricultural commodity.--The term `agricultural
commodity' means any agricultural commodity (including
livestock) in its raw or natural state.
``(3) Duly authorized representative.--The term `duly
authorized representative' means an association of agricultural
commodity producers.
``(4) National average price.--The term `national average
price' means the national average price paid to an agricultural
commodity producer for an agricultural commodity in a marketing
year as determined by the Secretary of Agriculture.
``(5) Contributed importantly.--
``(A) In general.--The term `contributed
importantly' means a cause which is important but not
necessarily more important than any other cause.
``(B) Determination of contributed importantly.--
The determination of whether imports of articles like
or directly competitive with an agricultural commodity
with respect to which the petition under this chapter
was filed contributed importantly to a decline in the
price of the agricultural commodity shall be made by
the Secretary in consultation with the Secretary of
Agriculture.
``(6) Secretary.--The term `Secretary' means the Secretary
of Labor.
``SEC. 292. PETITIONS; GROUP ELIGIBILITY.
``(a) In General.--A petition for a certification of eligibility to
apply for adjustment assistance under this chapter may be filed with
the Secretary by a group of agricultural commodity producers or by
their duly authorized representative. Upon receipt of the petition, the
Secretary shall promptly publish notice in the Federal Register that
the Secretary has received the petition and initiated an investigation.
``(b) Hearings.--If the petitioner, or any other person found by
the Secretary to have a substantial interest in the proceedings,
submits not later than 10 days after the date of the Secretary's
publication under subsection (a) a request for a hearing, the Secretary
shall provide for a public hearing and afford such interested persons
an opportunity to be present, to produce evidence, and to be heard.
``(c) Group Eligibility Requirements.--The Secretary, after
consultation with the Secretary of Agriculture, shall certify a group
of agricultural commodity producers as eligible to apply for adjustment
assistance under this chapter if the Secretary determines--
``(1) that the national average price for the agricultural
commodity, or a class of goods within the agricultural
commodity, produced by the group for the most recent marketing
year for which the national average price is available is less
than 80 percent of the average of the national average price
for such agricultural commodity, or such class of goods, for
the 5 marketing years preceding the most recent marketing year;
and
``(2) that either--
``(A) increases in imports of articles like or
directly competitive with the agricultural commodity,
or class of goods within the agricultural commodity,
produced by the group contributed importantly to the
decline in price described in paragraph (1); or
``(B) imports of articles like or directly
competitive with the agricultural commodity, or class
of goods within the agricultural commodity, produced by
the group account for a significant percentage of the
domestic market for the agricultural commodity (or
class of goods) and have contributed importantly to the
decline in price described in paragraph (1).
``(d) Special Rule for Qualified Subsequent Years.--A group of
agricultural commodity producers certified as eligible under section
293 shall be eligible to apply for assistance under this chapter in any
qualified year after the year the group is first certified, if the
Secretary determines that--
``(1) the national average price for the agricultural
commodity, or class of goods within the agricultural commodity,
produced by the group for the most recent marketing year for
which the national average price is available is equal to or
less than the price determined under subsection (c)(1); and
``(2) the requirements of subsection (c)(2) (A) or (B) are
met.
``(e) Determination of Qualified Year and Commodity.--In this
chapter:
``(1) Qualified year.--The term `qualified year', with
respect to a group of agricultural commodity producers
certified as eligible under section 293, means each consecutive
year after the year in which the group is certified that the
Secretary makes the determination under subsection (c) or (d),
as the case may be.
``(2) Classes of goods within a commodity.--In any case in
which there are separate classes of goods within an
agricultural commodity, the Secretary shall treat each class as
a separate commodity in determining group eligibility, the
national average price, and level of imports under this section
and section 296.
``SEC. 293. DETERMINATIONS BY SECRETARY.
``(a) In General.--As soon as possible after the date on which a
petition is filed under section 292, but in any event not later than 60
days after that date, the Secretary shall determine whether the
petitioning group meets the requirements of section 292(c) (or (d), as
the case may be) and shall, if so, issue a certification of eligibility
to apply for assistance under this chapter covering agricultural
commodity producers in any group that meet the requirements. Each
certification shall specify the date on which eligibility under this
chapter begins.
``(b) Notice.--Upon making a determination on a petition, the
Secretary shall promptly publish a summary of the determination in the
Federal Register together with the Secretary's reasons for making the
determination.
``(c) Termination of Certification.--Whenever the Secretary
determines, with respect to any certification of eligibility under this
chapter, that the decline in price for the agricultural commodity
covered by the certification is no longer attributable to the
conditions described in section 292, the Secretary shall terminate such
certification and promptly cause notice of such termination to be
published in the Federal Register together with the Secretary's reasons
for making such determination.
``SEC. 294. STUDY BY SECRETARY WHEN INTERNATIONAL TRADE COMMISSION
BEGINS INVESTIGATION.
``(a) In General.--Whenever the International Trade Commission (in
this chapter referred to as the `Commission') begins an investigation
under section 202 with respect to an agricultural commodity, the
Commission shall immediately notify the Secretary of the investigation.
Upon receipt of the notification, the Secretary shall immediately begin
a study of--
``(1) the number of agricultural commodity producers
producing a like or directly competitive agricultural commodity
who have been or are likely to be certified as eligible for
adjustment assistance under this chapter, and
``(2) the extent to which the adjustment of such producers
to the import competition may be facilitated through the use of
existing programs.
``(b) Report.--The report of the Secretary of the study under
subsection (a) shall be made to the President not later than 15 days
after the day on which the Commission makes its report under section
202(f). Upon making his report to the President, the Secretary shall
also promptly make it public (with the exception of information which
the Secretary determines to be confidential) and shall have a summary
of it published in the Federal Register.
``SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY PRODUCERS.
``(a) In General.--The Secretary shall provide full information to
producers about the benefit allowances, training, and other employment
services available under this title and about the petition and
application procedures, and the appropriate filing dates, for such
allowances, training, and services. The Secretary shall provide
whatever assistance is necessary to enable groups to prepare petitions
or applications for program benefits under this title.
``(b) Notice of Benefits.--
``(1) In general.--The Secretary shall mail written notice
of the benefits available under this chapter to each
agricultural commodity producer that the Secretary has reason
to believe is covered by a certification made under this
chapter.
``(2) Other notice.--The Secretary shall publish notice of
the benefits available under this chapter to agricultural
commodity producers that are covered by each certification made
under this chapter in newspapers of general circulation in the
areas in which such producers reside.
``SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL COMMODITY
PRODUCERS.
``(a) In General.--Payment of a trade adjustment allowance shall be
made to an adversely affected agricultural commodity producer covered
by a certification under this chapter who files an application for such
allowance within 90 days after the date on which the Secretary makes a
determination and issues a certification of eligibility under section
293, if the following conditions are met:
``(1) The producer submits to the Secretary sufficient
information to establish the amount of agricultural commodity
covered by the application filed under subsection (a), that was
produced by the producer in the most recent year.
``(2) The producer certifies that the producer has not
received cash benefits under any provision of this title other
than this chapter.
``(b) Amount of Cash Benefits.--
``(1) In general.--An adversely affected agricultural
commodity producer described in subsection (a) shall be
entitled to adjustment assistance under this chapter in an
amount equal to the product of--
``(A) one-half of the difference between--
``(i) an amount equal to 80 percent of the
average of the national average price of the
agricultural commodity covered by the
application described in subsection (a) for the
5 marketing years preceding the most recent
marketing year, and
``(ii) the national average price of the
agricultural commodity for the most recent
marketing year, and
``(B) the amount of the agricultural commodity
produced by the agricultural commodity producer in the
most recent marketing year.
``(2) Special rule for subsequent qualified years.--The
amount of cash benefits for a qualified year shall be
determined in the same manner as cash benefits are determined
under paragraph (1) except that the average national price of
the agricultural commodity shall be determined under paragraph
(1)(A)(i) by using the 5-marketing-year period used to
determine the amount of cash benefits for the first
certification.
``(c) Maximum Amount of Cash Assistance.--The maximum amount of
cash benefits an agricultural commodity producer may receive in any 12-
month period shall not exceed $10,000.
``(d) Limitations on Other Assistance.--An agricultural commodity
producer entitled to receive a cash benefit under this chapter--
``(1) shall not be eligible for any other cash benefit
under this title, and
``(2) shall be entitled to employment services and training
benefits under sections 235 and 236.
``SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS.
``(a) In General.--
``(1) Repayment.--If the Secretary, or a court of competent
jurisdiction, determines that any person has received any
payment under this chapter to which the person was not
entitled, such person shall be liable to repay such amount to
the Secretary, except that the Secretary may waive such
repayment if the Secretary determines, in accordance with
guidelines prescribed by the Secretary that--
``(A) the payment was made without fault on the
part of such person, and
``(B) requiring such repayment would be contrary to
equity and good conscience.
``(2) Recovery of overpayment.--Unless an overpayment is
otherwise recovered, or waived under paragraph (1), the
Secretary shall recover the overpayment by deductions from any
sums payable to such person under this chapter.
``(b) False Statements.--If the Secretary, or a court of competent
jurisdiction, determines that a person--
``(1) knowingly has made, or caused another to make, a
false statement or representation of a material fact, or
``(2) knowingly has failed, or caused another to fail, to
disclose a material fact,
and as a result of such false statement or representation, or of such
nondisclosure, such person has received any payment under this chapter
to which the person was not entitled, such person shall, in addition to
any other penalty provided by law, be ineligible for any further
payments under this chapter.
``(c) Notice and Determination.--Except for overpayments determined
by a court of competent jurisdiction, no repayment may be required, and
no deduction may be made, under this section until a determination
under subsection (a)(1) by the Secretary has been made, notice of the
determination and an opportunity for a fair hearing thereon has been
given to the person concerned, and the determination has become final.
``(d) Payment to Treasury.--Any amount recovered under this section
shall be returned to the Treasury of the United States.
``(e) Penalties.--Whoever makes a false statement of a material
fact knowing it to be false, or knowingly fails to disclose a material
fact, for the purpose of obtaining or increasing for himself or for any
other person any payment authorized to be furnished under this chapter
shall be fined not more than $10,000 or imprisoned for not more than 1
year, or both.
``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Department of
Labor for fiscal years 2000 through 2004, such sums as may be necessary
to carry out the purposes of this chapter.''.
(b) Conforming Amendment.--The table of contents for title II of
the Trade Act of 1974 is amended by inserting after the items relating
to chapter 5, the following:
``Chapter 6--Adjustment Assistance for Farmers
``Sec. 291. Definitions.
``Sec. 292. Petitions; group eligibility.
``Sec. 293. Determinations by Secretary.
``Sec. 294. Study by Secretary when International Trade Commission
begins investigation.
``Sec. 295. Benefit information to agricultural commodity producers.
``Sec. 296. Qualifying requirements for agricultural commodity
producers.
``Sec. 297. Fraud and recovery of overpayments.
``Sec. 298. Authorization of appropriations.''. | Requires the International Trade Commission to notify the Secretary immediately whenever it begins an investigation into whether an agricultural commodity is being imported into the United States in such increased quantities as to be a substantial cause or threat of serious injury to a domestic industry producing an agricultural commodity like or directly competitive with the imported agricultural commodity. Requires the Secretary, upon such notification, to study and report to the President and the public on: (1) the number of agricultural commodity producers who have been or are likely to be certified as eligible for trade adjustment assistance; and (2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs.
Directs the Secretary to provide agricultural commodity producers with information about trade adjustment assistance petition and application procedures, benefit allowances, training, and other employment services.
Sets forth certain eligibility requirements for the payment of trade adjustment assistance to adversely affected agricultural commodity producers. Limits to $10,000 the maximum annual amount of cash benefits a producer may receive.
Provides for the repayment and recovery of overpayments of trade adjustment assistance made to such producers due to fraud. Sets forth penalties.
Authorizes appropriations. | {"src": "billsum_train", "title": "Trade Adjustment Assistance for Farmers Act"} | 3,237 | 242 | 0.535247 | 1.374274 | 0.695273 | 3.918103 | 13.068966 | 0.866379 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equitable Federal Medical Assistance
Percentage Act of 1999''.
SEC. 2. EQUITABLE DETERMINATION OF FEDERAL MEDICAL ASSISTANCE
PERCENTAGE.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended by adding at the end the following:
``(v) Determination of Equitable Federal Medical Assistance
Percentage.--
``(1) In general.--Except as provided in paragraph (4), the
equitable Federal medical assistance percentage determined
under this subsection is, for any State for a fiscal year, 100
percent reduced by the product of 0.45 and the ratio of--
``(A) the State's share of cost-adjusted total
taxable resources determined under paragraph (2); to
``(B) the State's share of program need determined
under paragraph (3).
``(2) Determination of state's share of cost-adjusted total
taxable resources.--
``(A) In general.--For purposes of paragraph
(1)(A), with respect to a State, the State's share of
cost-adjusted total taxable resources is the ratio of--
``(i)(I) an amount equal to the most recent
3-year average of the total taxable resources
(TTR) of the State, as determined by the
Secretary of the Treasury; divided by
``(II) the most recent 3-year average of
the State's geographic health care cost index
(as determined under subparagraph (B)); to
``(ii) an amount equal to the sum of the
amounts determined under clause (i) for all
States.
``(B) State's geographic health care cost index.--
``(i) In general.--For purposes of
subparagraph (A)(i)(II), the geographic health
care cost index for a State for a fiscal year
is the sum of--
``(I) 0.10;
``(II) 0.75 multiplied by the ratio
of--
``(aa) the most recent 3-
year average annual wages for
hospital employees in the State
or the District of Columbia (as
determined under clause (ii));
to
``(bb) the most recent 3-
year average annual wages for
hospital employees in the 50
States and the District of
Columbia (as determined under
that clause); and
``(III) 0.15 multiplied by the
State's fair market rent index (as
determined under clause (iii)).
``(ii) Determination of average annual
wages of hospital employees.--The Secretary
shall provide for the determination of the most
recent 3-year average annual wages for hospital
employees in a State or the District of
Columbia and, collectively, in the 50 States
and the District of Columbia, based on the area
wage data applicable to hospitals under section
1886(d)(3)(E) (or, if such data no longer
exists, comparable data of hospital wages) for
discharges occurring during the fiscal years
involved.
``(iii) Determination of fair market rent
index.--For purposes of clause (i)(III), a
State's fair market rent index is the ratio
of--
``(I) the average annual fair
market rent for 2-bedroom housing units
in the State or the District of
Columbia, to be determined by the
Secretary of Housing and Urban
Development for the most recent 3
fiscal years for which data are
available; to
``(II) the average annual fair
market rent for such housing units for
all States for such 3 fiscal years, as
so determined.
``(3) Determination of state's share of program need.--
``(A) In general.--For purposes of paragraph
(1)(B), with respect to a State, the State's share of
program need is the ratio of--
``(i) the State's program need determined
under subparagraph (B); to
``(ii) the sum of the amounts determined
under clause (i) for all States.
``(B) Determination of state program need.--
``(i) In general.--For purposes of
subparagraph (A)(i), a State's program need is
equal to the average (determined for the most
recent 5 fiscal years for which data are
available) of the sum of the products
determined under clause (iv) for each such
fiscal year (based on the number of State
residents whose income is below the State's
cost-of-living adjusted poverty income level (as determined under
clauses (ii) and (iii)).
``(ii) Determination of number of state
residents with incomes below the State's cost-
of-living adjusted poverty level.--
``(I) In general.--For purposes of
clause (iv), with respect to each State
and the District of Columbia, the
number of residents whose income for a
fiscal year is below the State's cost-
of-living adjusted poverty income level
applicable to a family of the size
involved (as determined under clause
(iii)) shall be determined.
``(II) Census data.--The
determination of the number of
residents under subclause (I) shall be
based on data made generally available
by the Bureau of the Census from the
Current Population Survey.
``(iii) Determination of state's cost-of-
living adjusted poverty income level.--
``(I) In general.--For purposes of
clause (ii)(I), a State's cost-of-
living adjusted poverty income level is
the product of--
``(aa) the United States
poverty income threshold for
the fiscal year involved (as
defined by the Office of
Management and Budget for
general statistical purposes);
and
``(bb) the State's cost-of-
living index (as determined
under subclause (II)).
``(II) Determination of state's
cost-of-living index.--Subject to
subclause (III), a State's cost-of-
living index is the sum of--
``(aa) 0.56; and
``(bb) the product of 0.44
and the State's fair market
rent index determined under
paragraph (2)(B)(iii).
``(III) Alternate methodology.--The
Commissioner of Labor Statistics may
use an alternate methodology to the
formula set forth under subclause (II)
to determine a State's cost-of-living
index for purposes of subclause (I)(bb)
if the Commissioner determines that the
alternate methodology results in a more
accurate determination of that index.
``(iv) Weighting of age categories of
residents in poverty to account for higher cost
populations.--For purposes of clause (i), the
products determined under this clause for a
fiscal year are the following:
``(I) Weighting of elderly
residents in poverty.--The number of
residents determined under clause (ii)
of the State or the District of
Columbia for the fiscal year who have
attained age 65 multiplied by 3.65.
``(II) Weighting of adult residents
in poverty.--The number of residents
determined under clause (ii) of the
State or the District of Columbia for
the fiscal year who have attained age
21 but have not attained age 65
multiplied by 1.0.
``(III) Weighting of children in
poverty.--The number of residents
determined under clause (ii) of the
State or the District of Columbia for
the fiscal year who have not attained
age 21 multiplied by 0.5.
``(4) Special rules.--For purposes of this subsection and
subsection (b), the equitable Federal medical assistance
percentage is--
``(A) in the case of the District of Columbia, the
percentage determined under this subsection for the
District of Columbia (without regard to this paragraph)
multiplied by 1.4.; and
``(B) in the case of Alaska, 59.8 percent.''.
(b) Conforming Amendments.--Section 1905(b) of the Social Security
Act (42 U.S.C. 1396d(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``100 per centum'' and all that follows through ``Hawaii'' and
inserting ``the equitable Federal medical assistance percentage
determined under subsection (v)'';
(2) in paragraph (1), by striking ``50 per centum or more
than 83 per centum,,'' and inserting ``50 percent or more than
83 percent, and''; and
(3) in paragraph (2), by striking ``50 per centum'' and all
that follows through the period at the end of paragraph (3) and
inserting ``50 percent.''.
(c) Effective Date.--The amendments made by this Act take effect on
October 1, 1999. | Equitable Federal Medical Assistance Percentage Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to provide for the stated purpose of determining an equitable Federal medical assistance percentage for use under Medicaid. | {"src": "billsum_train", "title": "Equitable Federal Medical Assistance Percentage Act of 1999"} | 2,004 | 51 | 0.54007 | 1.153369 | 0.544561 | 2.666667 | 46.820513 | 0.820513 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``13th Regional Corporation Land
Entitlement Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that authorizing a land entitlement
for the 13th Regional Corporation would provide an equitable land
entitlement for that Corporation.
(b) Purpose.--The purpose of this Act is to provide an equitable
distribution of land for the shareholders of the 13th Regional
Corporation.
SEC. 3. LAND ENTITLEMENT.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following new section:
``SEC. 43. THE 13TH REGIONAL CORPORATION LAND ENTITLEMENT.
``(a) Entitlement.--Not later than 7 years after the date of the
enactment of the 13th Regional Corporation Land Entitlement Act, the
13th Regional Corporation may select, subject to subsections (b) and
(c), not more than 1,453,388 acres from public lands which were
withdrawn by the Secretary for selection, or were otherwise available
for selection, but which were not selected by, or if selected not
conveyed to, the State of Alaska, another Regional Corporation, a
Village Corporation, or a Group Corporation. Any withdrawal eligible
for selection under this subsection which will expire prior to the end
of the seven-year selection period for the 13th Regional Corporation
shall be extended to the end of the selection period provided by this
subsection. Prior to making each selection, the 13th Regional
Corporation shall consult with and solicit the comments of the Regional
Corporation for the geographical region within which the selection is
located.
``(b) Approval.--No selection may be made within the geographical
region of any Regional Corporation under subsection (a) without the
prior written approval of such Regional Corporation. Approval may be
withheld or conditioned in the reasonable judgment of the Regional
Corporation, including without limitation because of interest by the
Regional Corporation in pursuing a land exchange involving the lands to
be selected, the potential for economic harm to the Regional
Corporation, its shareholders or Village Corporations or Group
Corporations within the geographical region, environmental
considerations, impacts on subsistence activities, the presence of
Native owned cabins or campsites on or near the lands to be selected,
the need for access to or across the lands to be selected for
transportation, pipelines or economic activities, or the availability
of sand and gravel or other minerals or substances valuable for
economic activity within the geographical region. Approval may not be
conditioned upon the payment of economic consideration by the 13th
Regional Corporation except to the extent of economic harm anticipated
in the reasonable judgment of the Regional Corporation to the Regional
Corporation, its shareholders or Village Corporations or Group
Corporations within the geographical region.
``(c) Conveyances; Limitations; Restrictions.--
``(1) Conveyances.--Subject to the limitations in
paragraphs (2) and (3), the Secretary shall convey to the 13th
Regional Corporation the surface and subsurface estate of no
more than 1,162,710 acres of the lands selected pursuant to
subsection (a).
``(2) Limitations on conveyances.--
``(A) Previously selected lands.--The 13th Regional
Corporation may select, but the Secretary shall not
convey, any of the following unless the State of Alaska
or any Regional Corporation, Village Corporation, or
Group Corporation which made or has the right to make a
selection has relinquished its selection or right to
make its selection:
``(i) Lands validly selected by, but not
yet conveyed to, the State of Alaska pursuant
to the Alaska Statehood Act or any other
provision of law.
``(ii) Lands validly selected by, but not
yet conveyed to, another Regional Corporation,
a Village Corporation, or a Group Corporation.
``(B) Conditions.--Any selections made by the 13th
Regional Corporation that are subject to such valid
selections shall be subordinate to those valid
selections. Selections are valid if they are on file
with the United States and have not been finally
adjudicated or all appeal rights from any final
adjudication have not lapsed or been exhausted, whether
or not such selections are in compliance with all
applicable standards, including without limitation time
restrictions. Valid selections also include selections
for land in excess of the amount of land to which the
selecting entity may be entitled.
``(C) Other limitations.--The 13th Regional
Corporation may not select, and the Secretary shall not
convey the following:
``(i) Any land without the approval of any
Native individual or Native owned or public
entity that owns a partial interest in that
land, which approval may be withheld with or
without reason or cause.
``(ii) Any land that the State of Alaska, a
Regional Corporation, a Village Corporation or
a Group Corporation could select or acquire
through the exercise of statutory or
contractual rights of selection or acquisition,
whether or not those rights have been exercised
or are subject to discretionary actions by
governmental entities, without the approval of
the State of Alaska, Regional Corporation,
Village Corporation or Group Corporation, which
approval may be withheld with or without reason
or cause.
``(iii) Any land within any area withdrawn
for selection pursuant to sections 11 or 14 of
this Act or otherwise withdrawn by the
Secretary for selection if a Village
Corporation or Regional Corporation has
unexercised selection rights or rights to
conveyance in that area without the approval of
the Village Corporation and Regional
Corporation, which approval may be withheld
with or without reason or cause.
``(3) Restrictions.--Selected lands which are eligible for
conveyance to the 13th Regional Corporation shall be conveyed
subject to valid existing rights, in the same manner and
subject to the same reservations and restrictions that are
applicable to lands selected by and conveyed to other Regional
Corporations pursuant to this Act. The lands conveyed to the
13th Regional Corporation shall, whenever practicable and
consistent with safety considerations, remain available for
subsistence uses. Additionally, until the lands conveyed to the
13th Regional Corporation are developed, as defined in section
907(d) of Public Law 96-487 (43 U.S.C. 1636(d)), they shall be
managed under policies consistent with the land management
policies applicable to any adjacent Native Corporation owned
lands.
``(d) Reserved Lands.--The 13th Regional Corporation may not
select, and the Secretary shall not convey, any of the following:
``(1) Lands within any conservation system unit as defined
in section 102 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.).
``(2) Acquired lands.
``(3) Lands immediately surrounding any building, permanent
structure, or other development owned or controlled by the
United States, another unit of government, or any person,
including without limitation Native owned cabins or campsites
on public lands with or without the permission of the public
land owner.
``(4) Lands withdrawn or reserved for national defense
purposes.
``(5) Lands within the National Petroleum Reserve, Alaska.
``(6) Lands within the Tongass and Chugach National
Forests.
``(e) Right of First Refusal.--The 13th Regional Corporation shall
not transfer all or any portion of lands or interests therein that it
acquires pursuant to this section to a third party without first making
a written offer to sell that same land or interest therein to the
Regional Corporation for the geographical region within which the land
or interest therein is located at the amount (or its cash equivalent)
offered by the third party who desires to acquire the land or interest
therein. The following terms shall govern such transfers and offers:
``(1) The offer shall be made to the Regional Corporation
not less than 30 days before any proposed transfer of such land
or interest therein and shall state the price and terms of the
proposed sale, and the name and address of both the offerer and
offeree.
``(2) Not later than 20 days after the receipt of the
offer, the Regional Corporation may exercise an option to
purchase all, but not less than all, of the land or interest
therein that is to be transferred on the terms in the offer or
their cash equivalent.
``(3) If the Regional Corporation does not purchase all of
the land or interest therein to be transferred within the
required time, then the 13th Regional Corporation may transfer
all of the land or interest therein offered (but not a lesser
or greater amount) to the third party specified in the offer,
but not for a price less or on terms different from those
originally made by the third party. Any land or interest
therein not transferred by the 13th Regional Corporation to the
specified third party not later than 60 days after making the
offer to the Regional Corporation shall again become subject to
the restrictions of this subsection as though it had never been
offered.
``(4) For purposes of this subsection, `transfer' means the
sale, transfer, or exchange of land or interests therein for
consideration, but does not include an exchange for other land
or an interest therein within the state of Alaska pursuant to
section 22(f) of this Act or section 1302(h) of the Alaska
National Interest Lands and Conservation Act, mineral or other
leasing on commercially reasonable terms, or the pledge,
encumbrance or grant of a security interest on commercially
reasonable terms.''.
SEC. 4. REVENUE SHARING.
Section 7(i)(1) of the Alaska Native Claims Settlement Act (43
U.S.C. 1606(i)) is amended to read as follows:
``(1)(A) Except as provided by subparagraph (B), 70 percent
of all revenues received by each of the 12 Regional
Corporations organized under subsection (a) from the timber and
subsurface estate patented to it pursuant to this Act, and 15
percent of all revenues received by the 13th Regional
Corporation organized under subsection (c) from the timber and
subsurface estate patented to it pursuant to the 13th Regional
Corporation Land Entitlement Act, shall be divided annually by
the Regional Corporation among the 12 Regional Corporations
organized pursuant to subsection (a) according to the number of
Natives enrolled in each region pursuant to section 5 of this
Act. An additional, 10 percent of such revenues received by the
13th Regional Corporation, shall be distributed to the Regional
Corporation for the geographical region where the resources
giving rise to such revenues are located. If the resources
developed are on lands originally withdrawn for selection by a
Village Corporation, then one-half of the 10 percent paid to
the local Regional Corporation shall be distributed by that
corporation to the Village Corporation. Revenues distributed by
or received from the 13th Regional Corporation are not subject
to the requirements of subsections (j), (k), (l), (m), and (n)
of this section.
``(B) The Regional Corporations, including the 13th
Regional Corporation shall determine the revenues required to
be distributed pursuant to this subsection in accordance with
the section 7(i) Settlement Agreement by and between the 12
Regional Corporations created pursuant to subsection (a), as
previously or hereafter amended, and shall be bound by the
provisions of that Agreement with respect to the revenues they
distribute. The 13th Regional Corporation shall be bound by any
amendment to the section 7(i) Settlement Agreement unless the
amendment is not of general applicability to the other Regional
Corporations. Nothing in this section shall be construed to
grant the 13th Regional Corporation any rights with respect to
any revenues distributed by the 12 Regional Corporations
pursuant to section 7(i), or to grant the 13th Regional
Corporation the right or power to approve any amendment to the
section 7(i) Settlement Agreement.''. | 13th Regional Corporation Land Entitlement Act - Amends the Alaska Native Claims Settlement Act to provide land selection rights to the 13th Regional Corporation.
Revises requirements for timber and subsurface estate revenue sharing among the Regional Corporations of Alaska. | {"src": "billsum_train", "title": "To amend the Alaska Native Claims Settlement Act to provide an equitable distribution of land to the 13th Alaska Native Regional Corporation."} | 2,575 | 54 | 0.531516 | 1.446729 | 1.012791 | 3.214286 | 57.52381 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iranian Energy Sector and
Proliferation Sanctions Act''.
SEC. 2. EXPANSION OF SANCTIONS WITH RESPECT TO THE ENERGY SECTOR OF
IRAN.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) as noted in United Nations Security Council Resolution
1929 (2010), the revenues derived by the Government of Iran
from the energy sector of Iran may be used to fund Iran's
proliferation-sensitive nuclear activities; and
(2) the energy sector of Iran should be regarded as a zone
of proliferation concern with which no legitimate international
business should be conducted.
(b) Imposition of Sanctions With Respect to Certain Entities in the
Energy Sector of Iran.--
(1) In general.--Except as specifically provided in this
section, beginning on the date that is 60 days after the date
of the enactment of this Act, the President shall impose
sanctions pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) with respect to any person
that conducts any transaction with, or invests in, any entity
described in paragraph (2).
(2) Entity described.--An entity described in this
paragraph is--
(A) any entity that--
(i) is organized under the laws of Iran or
otherwise subject to the jurisdiction of the
Government of Iran; and
(ii)(I) is involved in the development,
production, extraction, or transportation of
petroleum, refined petroleum products, natural
gas, or petrochemical products, without regard
to whether such development, production,
extraction, or transportation occurs in Iran;
or
(II) provides financing or other services
with respect to such development, production,
extraction, or transportation; and
(B) any entity that provides goods, services, or
technology to an entity described in subparagraph (A).
(3) Services defined.--For purposes of this subsection, the
term ``services'' includes transportation, insurance,
reinsurance, software, hardware, financial, professional
consulting, engineering, specialized energy information, and
support services.
(c) Applicability of Sanctions With Respect to Crude Oil Purchases
From Iran.--Sanctions imposed pursuant to subsection (b) shall not
apply with respect to a person that purchases crude oil from Iran, or
with respect to a person that provides goods, services, or technology
to facilitate or enable such a purchase, if an exemption under
paragraph (4)(D) of section 1245(d) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1648) to the imposition of sanctions under paragraph (1) of that
section applies with respect to the country with primary jurisdiction
over the person that purchases crude oil from Iran at the time of the
purchase.
(d) Waiver.--The President may waive the imposition of sanctions
under subsection (b) for a period of not more than 120 days, and may
renew that waiver for additional periods of not more than 120 days, if
the President--
(1) determines that such a waiver is vital to the national
security of the United States; and
(2) submits to Congress a report--
(A) providing a justification for the waiver; and
(B) that includes any concrete cooperation the
President has received or expects to receive as a
result of the waiver.
(e) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report that identifies
each entity described in subsection (b)(2).
(2) Form of report.--Each report submitted under this
subsection shall be submitted in unclassified form, but may
contain a classified annex.
(f) Rule of Construction.--Nothing in this section shall be
construed to require or authorize the imposition of sanctions with
respect to any person that participates in, or provides services to, a
joint venture established before January 1, 2002, with respect to the
development of petroleum resources outside of Iran.
(g) Definitions.--In this section--
(1) the term ``appropriate congressional committees'' has
the meaning given the term in section 14 of the Iran Sanctions
Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note);
(2) the term ``petrochemical product'' includes any
aromatic, olefin, or synthesis gas, and any derivative of such
a gas, including ethylene, propylene, butadiene, benzene,
toluene, xylene, ammonia, methanol, and urea; and
(3) the ``refined petroleum products'' has the meaning
given the term in section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note). | Iranian Energy Sector and Proliferation Sanctions Act - Directs the President to impose specified sanctions against a person that conducts any transaction with, or invests in, any entity that: (1) is organized under Iranian law or otherwise subject to Iranian jurisdiction and is involved in the production, extraction, or transportation of petroleum, refined petroleum products, natural gas, or petrochemical products, or provides financing or other services with respect to such activities; and (2) provides to such entity technology, goods, or services (including transportation, insurance, computer, financial, consulting, and engineering services).
Exempts from such sanctions certain crude oil purchases from Iran if a specified exemption under the National Defense Authorization Act for Fiscal Year 2012 applies to the country with primary jurisdiction over the purchaser. | {"src": "billsum_train", "title": "To expand sanctions with respect to the energy sector of Iran, and for other purposes."} | 1,113 | 163 | 0.686618 | 2.041076 | 0.784615 | 3.76 | 6.586667 | 0.946667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``African Elephant Conservation and
Legal Ivory Possession Act''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a provision, the reference shall be considered to be made to a
provision of the African Elephant Conservation Act (16 U.S.C. 4201 et
seq.).
SEC. 3. LIMITED EXEMPTION FOR CERTAIN AFRICAN ELEPHANT IVORY.
Section 2203 (16 U.S.C. 4223) is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence;
(2) by inserting ``and subsection (b) of this section''
after ``2202(e)''; and
(3) by adding at the end the following:
``(b) Exemption.--Nothing in this Act or subsection (a) or (d) of
section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall
be construed to prohibit importation or exportation, or to require
permission of the Secretary for importation or exportation, of--
``(1) any raw ivory or worked ivory--
``(A) imported solely for purposes of becoming part
of a museum's permanent collection, return to a lending
museum, or display in a museum; or
``(B) exported solely for purposes of--
``(i) display in a foreign museum; or
``(ii) return to a foreign person who lent
such ivory to a museum in the United States;
``(2) any raw ivory or worked ivory that was lawfully
importable into the United States on February 24, 2014,
regardless of when acquired; or
``(3) any worked ivory that was previously lawfully
possessed in the United States.''.
SEC. 4. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW
ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE
COUNTRY.
Part I (16 U.S.C. 4211 et seq.) is amended by adding at the end the
following:
``SEC. 2105. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW
ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE
COUNTRY.
``The Secretary, in coordination with the Secretary of State, may
station one United States Fish and Wildlife Service law enforcement
officer in the primary United States diplomatic or consular post in
each African country that has a significant population of African
elephants, who shall assist local wildlife rangers in the protection of
African elephants and facilitate the apprehension of individuals who
illegally kill, or assist the illegal killing of, African elephants.''.
SEC. 5. CERTIFICATION FOR THE PURPOSES OF THE FISHERMEN'S PROTECTIVE
ACT OF 1967.
Section 2202 of the African Elephant Conservation Act (16 U.S.C.
4222) is amended by adding at the end the following:
``(g) Certification.--When the Secretary of the Interior finds that
a country, directly or indirectly, is a significant transit or
destination point for illegal ivory trade, the Secretary shall certify
such fact to the President with respect to the country for the purposes
of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C.
1978(a)).''.
SEC. 6. TREATMENT OF ELEPHANT IVORY.
Section 2203 (16 U.S.C. 4223) is further amended by adding at the
end the following:
``(c) Treatment of Elephant Ivory.--Nothing in this Act or the
Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed--
``(1) to prohibit, or to authorize prohibiting, the
possession, sale, delivery, receipt, shipment, or
transportation of African elephant ivory, or any product
containing African elephant ivory, that has been lawfully
imported or crafted in the United States; or
``(2) to authorize using any means of determining for
purposes of this Act or the Endangered Species Act of 1973
whether African elephant ivory has been lawfully imported,
including any presumption or burden of proof applied in such
determination, other than such means used by the Secretary as
of February 24, 2014.''.
SEC. 7. SPORT-HUNTED ELEPHANT TROPHIES.
Section 2203 (16 U.S.C. 4223) is further amended by adding at the
end the following:
``(d) Sport-Hunted Elephant Trophies.--Nothing in this Act or
subsection (a) or (d) of section 9 of the Endangered Species Act of
1973 (16 U.S.C. 1538) shall be construed to prohibit any citizen or
legal resident of the United States, or an agent of such an individual,
from importing a sport-hunted African elephant trophy under section
2202(e) of this Act, if the country in which the elephant was taken had
an elephant population on appendix II of CITES at the time the trophy
elephant was taken.
``(e) Relationship to the Convention.--Nothing in this section
shall be construed as modifying or repealing the Secretary's duties to
implement CITES and the appendices thereto, or as modifying or
repealing section 8A or 9(c) of the Endangered Species Act of 1973 (16
U.S.C. 1537a and 1538(c)).''.
SEC. 8. AFRICAN ELEPHANT CONSERVATION ACT FINANCIAL ASSISTANCE PRIORITY
AND REAUTHORIZATION.
(a) Financial Assistance Priority.--Section 2101 of the African
Elephant Conservation Act (16 U.S.C. 4211) is amended by redesignating
subsections (e) and (f) as subsections (f) and (g), respectively, and
by inserting after subsection (d) the following:
``(e) Priority.--In providing financial assistance under this
section, the Secretary shall give priority to projects designed to
facilitate the acquisition of equipment and training of wildlife
officials in ivory producing countries to be used in anti-poaching
efforts.''.
(b) Reauthorization.--Section 2306(a) of the African Elephant
Conservation Act (16 U.S.C. 4245(a)) is amended by striking ``2007
through 2012'' and inserting ``2018 through 2022''. | African Elephant Conservation and Legal Ivory Possession Act This bill reauthorizes the African Elephant Conservation Act (AECA) through FY2022. Ivory may be imported or exported under the AECA and the Endangered Species Act of 1973 if: (1) the raw ivory or worked ivory is solely for a museum; (2) the raw ivory or worked ivory was lawfully importable into the United States on February 24, 2014, regardless of when it was acquired; or (3) the worked ivory was previously lawfully possessed in the United States. The Department of the Interior may station one U.S. Fish and Wildlife Service law enforcement officer in the primary U.S. diplomatic or consular post in each African country that has significant population of African elephants to assist local wildlife rangers in protecting the elephants and facilitating the apprehension of individuals who illegally kill them or assist in killing them. The President may embargo any products from a country if it is a significant transit or destination point for illegal ivory trade. This bill authorizes: (1) commerce in African elephant ivory or in products containing African elephant ivory that have been lawfully imported or crafted in the United States; and (2) the importation of a sport-hunted African elephant trophy if the trophy was taken from certain elephants populations that at the time were not necessarily threatened with extinction, but may have become so unless trade was closely controlled. | {"src": "billsum_train", "title": "African Elephant Conservation and Legal Ivory Possession Act"} | 1,524 | 307 | 0.621804 | 1.891149 | 0.775204 | 3.268199 | 4.689655 | 0.862069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extremely Hazardous Materials
Transportation Security Act of 2004''.
SEC. 2. RULEMAKING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the heads of other appropriate Federal, State, and
local government entities, security experts, representatives of the
hazardous materials shipping industry and labor unions representing
persons who work in the hazardous materials shipping industry, and
other interested persons, shall issue, after notice and opportunity for
public comment, regulations concerning the shipping of extremely
hazardous materials.
(b) Purposes of Regulations.--The regulations shall be consistent,
to the extent the Secretary determines appropriate, with and not
duplicative of other Federal regulations and international agreements
relating to the shipping of extremely hazardous materials and shall
require--
(1) physical security measures for such shipments, such as
the use of passive secondary containment of tanker valves,
additional security force personnel, and surveillance
technologies and barriers;
(2) concerned Federal, State, and local law enforcement
authorities (including, if applicable, transit, railroad, or
port authority police agencies) to be informed before an
extremely hazardous material is transported within, through, or
near an area of concern;
(3) coordination with Federal, State, and local law
enforcement authorities to create response plans for a
terrorist attack on a shipment of extremely hazardous
materials;
(4) the use of currently available technologies and systems
to ensure effective and immediate communication between
transporters of extremely hazardous materials, law enforcement
authorities and first responders;
(5) comprehensive and appropriate training in the area of
extremely hazardous materials transportation security for all
individuals who transport, load, unload, or are otherwise
involved in the shipping of extremely hazardous materials or
who would respond to an accident or incident involving a
shipment of extremely hazardous material or would have to
repair transportation equipment and facilities in the event of
such an accident or incident; and
(6) for the transportation of extremely hazardous materials
through or near an area of concern, the Secretary to determine
whether or not the transportation could be made by one or more
alternate routes at lower security risk and, if the Secretary
determines the transportation could be made by an alternate
route, the use of such alternate route, except when the
origination or destination of the shipment is located within
the area of concern.
(c) Judicial Relief.--A person (other than an individual) who
transports, loads, unloads, or is otherwise involved in the shipping of
hazardous materials and violates or fails to comply with a regulation
issued by the Secretary under this section may be subject, in a civil
action brought in United States district court, for each shipment with
respect to which the violation occurs--
(1) to an order for injunctive relief; or
(2) to a civil penalty of not more than $100,000.
(d) Administrative Penalties.--
(1) Penalty orders.--The Secretary may issue an order
imposing an administrative penalty of not more than $1,000,000
for failure by a person (other than an individual) who
transports, loads, unloads, or is otherwise involved in the
shipping of hazardous materials to comply with a regulation
issued by the Secretary under this section.
(2) Notice and hearing.--Before issuing an order described
in paragraph (1), the Secretary shall provide to the person
against whom the penalty is to be assessed--
(A) written notice of the proposed order; and
(B) the opportunity to request, not later than 30
days after the date on which the person receives the
notice, a hearing on the proposed order.
(3) Procedures.--The Secretary may issue regulations
establishing procedures for administrative hearings and
appropriate review of penalties issued under this subsection,
including necessary deadlines.
SEC. 3. WHISTLEBLOWER PROTECTION.
(a) In General.--No person involved in the shippping of extremely
hazardous materials may be discharged, demoted, suspended, threatened,
harassed, or in any other manner discriminated against because of any
lawful act done by the person--
(1) to provide information, cause information to be
provided, or otherwise assist in an investigation regarding any
conduct which the person reasonably believes constitutes a
violation of any law, rule or regulation related to the
security of shipments of extremely hazardous materials, or any
other threat to the security of shipments of extremely
hazardous materials, when the information or assistance is
provided to or the investigation is conducted by--
(A) a Federal regulatory or law enforcement agency;
(B) any Member of Congress or any committee of
Congress; or
(C) a person with supervisory authority over the
person (or such other person who has the authority to
investigate, discover, or terminate misconduct);
(2) to file, cause to be filed, testify, participate in, or
otherwise assist in a proceeding or action filed or about to be
filed relating to a violation of any law, rule or regulation
related to the security of shipments of extremely hazardous
materials or any other threat to the security of shipments of
extremely hazardous materials; or
(3) to refuse to violate or assist in the violation of any
law, rule, or regulation related to the security of shipments
of extremely hazardous materials.
(b) Enforcement Action.--
(1) In general.--A person who alleges discharge or other
discrimination by any person in violation of subsection (a) may
seek relief under subsection (c), by--
(A) filing a complaint with the Secretary of Labor;
or
(B) if the Secretary has not issued a final
decision within 180 days of 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 in the appropriate district
court of the United States, which shall have
jurisdiction over such an action without regard to the
amount in controversy.
(2) Procedure.--
(A) In general.-- An action under paragraph (1)(A)
shall be governed under the rules and procedures set
forth in section 42121(b) of title 49, United States
Code.
(B) Exception.--Notification made under section
42121(b)(1) of title 49, United States Code, shall be
made to the person named in the complaint and to the
person's employer.
(C) Burdens of proof.--An action brought under
paragraph (1)(B) shall be governed by the legal burdens
of proof set forth in section 42121(b) of title 49,
United States Code.
(D) Statute of limitations.--An action under
paragraph (1) shall be commenced not later than 90 days
after the date on which the violation occurs.
(c) Remedies.--
(1) In general.--A person prevailing in any action under
subsection (b)(1) shall be entitled to all relief necessary to
make the person whole.
(2) Compensatory damages.--Relief for any action under
paragraph (1) shall include--
(A) reinstatement with the same seniority status
that the person would have had, but for the
discrimination;
(B) the amount of any back pay, with interest; and
(C) compensation for any special damages sustained
as a result of the discrimination, including litigation
costs, expert witness fees, and reasonable attorney
fees.
(d) Rights Retained by Person.--Nothing in this section shall be
deemed to diminish the rights, privileges, or remedies of any person
under any Federal or State law, or under any collective bargaining
agreement.
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) Extremely hazardous material.--The term ``extremely
hazardous material'' means--
(A) a material that is toxic by inhalation;
(B) a material that is extremely flammable;
(C) a material that is highly explosive; and
(D) any other material designated by the Secretary
to be extremely hazardous.
(2) Area of concern.--The term ``area of concern'' means an
area that the Secretary determines could pose a particular
interest to terrorists. | Extremely Hazardous Materials Transportation Security Act of 2004 - Directs the Secretary of Homeland Security to issue regulations concerning the shipping of extremely hazardous materials that require: (1) physical security measures; (2) Federal, State, and local law enforcement authorities to be informed before such material is transported within, through, or near an area of concern; (3) coordination among such authorities to create response plans for a terrorist attack; (4) the use of currently available technologies and systems to ensure effective communication between material transporters, law enforcement authorities, and first responders; (5) comprehensive training for all individuals involved in the shipping of such materials; and (6) the Secretary to determine whether transportation through or near an area could be made by alternate routes at a lower security risk.
Subjects a person (other than an individual) who violates such a regulation to injunctive relief or a civil penalty of up to $100,000. Authorizes the Secretary to impose administrative penalties.
Sets forth provisions regarding whistleblower protection involving the security of shipments of such materials. | {"src": "billsum_train", "title": "To direct the Secretary of Homeland Security to issue regulations concerning the shipping of extremely hazardous materials."} | 1,736 | 218 | 0.676436 | 1.909979 | 0.930426 | 4.235294 | 8.22549 | 0.95098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Museum of African American
History and Culture Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) since its founding, the United States has grown into a
symbol of democracy and freedom around the world, and the legacy of
African Americans is rooted in the very fabric of the democracy and
freedom of the United States;
(2) there exists no national museum within the Smithsonian
Institution that--
(A) is devoted to the documentation of African American
life, art, history, and culture; and
(B) encompasses, on a national level--
(i) the period of slavery;
(ii) the era of Reconstruction;
(iii) the Harlem renaissance;
(iv) the civil rights movement; and
(v) other periods associated with African American
life, art, history, and culture; and
(3) a National Museum of African American History and Culture
would be dedicated to the collection, preservation, research, and
exhibition of African American historical and cultural material
reflecting the breadth and depth of the experiences of individuals
of African descent living in the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board of regents.--The term ``Board of Regents'' means the
Board of Regents of the Smithsonian Institution.
(2) Council.--The term ``Council'' means the National Museum of
African American History and Culture Council established by section
5.
(3) Museum.--The term ``Museum'' means the National Museum of
African American History and Culture established by section 4.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Smithsonian Institution.
SEC. 4. ESTABLISHMENT OF MUSEUM.
(a) Establishment.--There is established within the Smithsonian
Institution a museum to be known as the ``National Museum of African
American History and Culture''.
(b) Purpose.--The purpose of the Museum shall be to provide for--
(1) the collection, study, and establishment of programs
relating to African American life, art, history, and culture that
encompass--
(A) the period of slavery;
(B) the era of Reconstruction;
(C) the Harlem renaissance;
(D) the civil rights movement; and
(E) other periods of the African American diaspora;
(2) the creation and maintenance of permanent and temporary
exhibits documenting the history of slavery in America and African
American life, art, history, and culture during the periods
referred to in paragraph (1);
(3) the collection and study of artifacts and documents
relating to African American life, art, history, and culture; and
(4) collaboration between the Museum and other museums,
historically black colleges and universities, historical societies,
educational institutions, and other organizations that promote the
study or appreciation of African American life, art, history, or
culture, including collaboration concerning--
(A) development of cooperative programs and exhibitions;
(B) identification, management, and care of collections;
and
(C) training of museum professionals.
SEC. 5. COUNCIL.
(a) Establishment.--There is established within the Smithsonian
Institution a council to be known as the ``National Museum of African
American History and Culture Council''.
(b) Duties.--
(1) In general.--The Council shall--
(A) make recommendations to the Board of Regents concerning
the planning, design, and construction of the Museum;
(B) advise and assist the Board of Regents on all matters
relating to the administration, operation, maintenance, and
preservation of the Museum;
(C) recommend annual operating budgets for the Museum to
the Board of Regents;
(D) report annually to the Board of Regents on the
acquisition, disposition, and display of objects relating to
African American life, art, history, and culture; and
(E) adopt bylaws for the operation of the Council.
(2) Principal responsibilities.--The Council, subject to the
general policies of the Board of Regents, shall have sole authority
to--
(A) purchase, accept, borrow, and otherwise acquire
artifacts for addition to the collections of the Museum;
(B) loan, exchange, sell, and otherwise dispose of any part
of the collections of the Museum, but only if the funds
generated by that disposition are used for additions to the
collections of the Museum; or
(C) specify criteria with respect to the use of the
collections and resources of the Museum, including policies on
programming, education, exhibitions, and research with respect
to--
(i) the life, art, history, and culture of African
Americans;
(ii) the role of African Americans in the history of
the United States from the period of slavery to the
present; and
(iii) the contributions of African Americans to
society.
(3) Other responsibilities.--The Council, subject to the
general policies of the Board of Regents, shall have authority--
(A) to provide for preservation, restoration, and
maintenance of the collections of the Museum; and
(B) to solicit, accept, use, and dispose of gifts,
bequests, and devises of personal property for the purpose of
aiding and facilitating the work of the Museum.
(c) Composition and Appointment.--
(1) In general.--The Council shall be composed of 19 voting
members as provided under paragraph (2).
(2) Voting members.--The Council shall include the following
voting members:
(A) The Secretary of the Smithsonian Institution.
(B) One member of the Board of Regents, appointed by the
Board of Regents.
(C) Seventeen individuals appointed by the Board of
Regents--
(i) taking into consideration individuals recommended
by organizations and entities that are committed to the
advancement of knowledge of African American life, art,
history, and culture; and
(ii) taking into consideration individuals recommended
by the members of the Council.
(3) Initial appointments.--The Board of Regents shall make
initial appointments to the Council under paragraph (2) not later
than 180 days after the date of enactment of this Act.
(d) Terms.--
(1) In general.--Except as provided in this subsection, each
appointed member of the Council shall be appointed for a term of 3
years.
(2) Initial appointees.--As designated by the Board of Regents
at the time of appointment, of the voting members first appointed
under subparagraph (C) of subsection (c)(2)--
(A) six members shall be appointed for a term of 1 year;
(B) six members shall be appointed for a term of 2 years;
and
(C) five members shall be appointed for a term of 3 years.
(3) Reappointment.--A member of the Council may be reappointed,
except that no individual may serve on the Council for a total of
more than 2 terms. For purposes of this paragraph, the number of
terms an individual serves on the Council shall not include any
portion of a term for which an individual is appointed to fill a
vacancy under paragraph (4)(B).
(4) Vacancies.--
(A) In general.--A vacancy on the Council--
(i) shall not affect the powers of the Council; and
(ii) shall be filled in the same manner as the original
appointment was made.
(B) Term.--Any member of the Council appointed to fill a
vacancy occurring before the expiration of the term for which
the member's predecessor was appointed shall be appointed for
the remainder of that term.
(e) Compensation.--
(1) In general.--Except as provided in paragraph (2), a member
of the Council shall serve without pay.
(2) Travel expenses.--A member of the Council shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for an employee of an agency under subchapter I of
chapter 57 of title 5, United States Code, while away from the home
or regular place of business of the member in the performance of
the duties of the Council.
(f) Chairperson.--By a majority vote of its voting members, the
Council shall elect a chairperson from its members.
(g) Meetings.--
(1) In general.--The Council shall meet at the call of the
chairperson or on the written request of a majority of the voting
members of the Council, but not fewer than twice each year.
(2) Initial meetings.--During the 1-year period beginning on
the date of the first meeting of the Council, the Council shall
meet not fewer than 4 times for the purpose of carrying out the
duties of the Council under this Act.
(h) Quorum.--A majority of the voting members of the Council
holding office shall constitute a quorum for the purpose of conducting
business, but a lesser number may receive information on behalf of the
Council.
SEC. 6. DIRECTOR AND STAFF OF THE MUSEUM.
(a) Director.--
(1) In general.--The Museum shall have a Director who shall be
appointed by the Secretary, taking into consideration individuals
recommended by the Council.
(2) Duties.--The Director shall manage the Museum subject to
the policies of the Board of Regents.
(b) Staff.--The Secretary may appoint two additional employees to
serve under the Director, except that such additional employees may be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(c) Pay.--The employees appointed by the Secretary under subsection
(b) may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code, relating
to classification of positions and General Schedule pay rates.
SEC. 7. EDUCATIONAL AND LIAISON PROGRAMS.
(a) In General.--
(1) Programs authorized.--The Director of the Museum may carry
out educational and liaison programs in support of the goals of the
Museum.
(2) Specific activities described.--In carrying out this
section, the Director shall--
(A) carry out educational programs relating to African
American life, art, history, and culture, including--
(i) programs using digital, electronic, and interactive
technologies; and
(ii) programs carried out in collaboration with
elementary schools, secondary schools, and postsecondary
schools; and
(B) consult with the Director of the Institute of Museum
and Library Services concerning the grant and scholarship
programs carried out under subsection (b).
(b) Grant and Scholarship Programs.--
(1) In general.--In consultation with the Council and the
Director of the Museum, the Director of the Institute of Museum and
Library Services shall establish--
(A) a grant program with the purpose of improving
operations, care of collections, and development of
professional management at African American museums;
(B) a grant program with the purpose of providing
internship and fellowship opportunities at African American
museums;
(C) a scholarship program with the purpose of assisting
individuals who are pursuing careers or carrying out studies in
the arts, humanities, and sciences in the study of African
American life, art, history, and culture;
(D) in cooperation with other museums, historical
societies, and educational institutions, a grant program with
the purpose of promoting the understanding of modern-day
practices of slavery throughout the world; and
(E) a grant program under which an African-American museum
(including a nonprofit education organization the primary
mission of which is to promote the study of African-American
diaspora) may use the funds provided under the grant to
increase an endowment fund established by the museum (or
organization) as of May 1, 2003, for the purposes of--
(i) enhancing educational programming; and
(ii) maintaining and operating traveling educational
exhibits.
(2) Authorization of appropriations.--There are authorized to
be appropriated to the Director of the Institute of Museum and
Library Services to carry out this subsection--
(A) $15,000,000 for fiscal year 2004; and
(B) such sums as are necessary for each fiscal year
thereafter.
SEC. 8. BUILDING FOR THE NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY
AND CULTURE.
(a) In General.--
(1) Location.--
(A) In general.--Not later than 12 months after the date of
the enactment of this Act, the Board of Regents shall designate
a site for the Museum.
(B) Sites for consideration.--In designating a site under
subparagraph (A), the Board of Regents shall select from among
the following sites in the District of Columbia:
(i) The Arts and Industries Building of the Smithsonian
Institution, located on the National Mall at 900 Jefferson
Drive, Southwest, Washington, District of Columbia.
(ii) The area bounded by Constitution Avenue, Madison
Drive, and 14th and 15th Streets, Northwest.
(iii) The site known as the ``Liberty Loan site'',
located on 14th Street Southwest at the foot of the 14th
Street Bridge.
(iv) The site known as the ``Banneker Overlook site'',
located on 10th Street Southwest at the foot of the
L'Enfant Plaza Promenade.
(C) Availability of site.--
(i) In general.--A site described in subparagraph (B)
shall remain available until the date on which the Board of
Regents designates a site for the Museum under subparagraph
(A).
(ii) Transfer to smithsonian institution.--Except with
respect to a site described in clause (i) of subparagraph
(B), if the site designated for the Museum is in an area
that is under the administrative jurisdiction of a Federal
agency, as soon as practicable after the date on which the
designation is made, the head of the Federal agency shall
transfer to the Smithsonian Institution administrative
jurisdiction over the area.
(D) Consultation.--The Board of Regents shall carry out its
duties under this paragraph in consultation with the following:
(i) The Chair of the National Capital Planning
Commission.
(ii) The Chair of the Commission on Fine Arts.
(iii) The Chair and Vice Chair of the Presidential
Commission referred to in section 10.
(iv) The Chair of the Building and Site Subcommittee of
the Presidential Commission referred to in section 10.
(v) The Chair and ranking minority member of each of
the following Committees:
(I) The Committee on Rules and Administration of
the Senate.
(II) The Committee on House Administration of the
House of Representatives.
(III) The Committee on Transportation and
Infrastructure of the House of Representatives.
(IV) The Committee on Appropriations of the House
of Representatives.
(V) The Committee on Appropriations of the Senate.
(2) Construction of building.--The Board of Regents, in
consultation with the Council, may plan, design, and construct a
building for the Museum, which shall be located at the site
designated by the Board of Regents under this paragraph.
(3) Nonapplicability of provisions relating to monuments and
commemorative works.--Chapter 89 of title 40, United States Code,
shall not apply with respect to the Museum.
(b) Cost Sharing.--The Board of Regents shall pay--
(1) 50 percent of the costs of carrying out this section from
Federal funds; and
(2) 50 percent of the costs of carrying out this section from
non-Federal sources.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 9. CONGRESSIONAL BUDGET ACT COMPLIANCE.
Authority under this Act to enter into contracts or to make
payments shall be effective in any fiscal year only to the extent
provided in advance in an appropriations Act, except as provided under
section 11(b).
SEC. 10. CONSIDERATION OF RECOMMENDATIONS OF PRESIDENTIAL COMMISSION.
In carrying out their duties under this Act, the Council and the
Board of Regents shall take into consideration the reports and plans
submitted by the National Museum of African American History and
Culture Plan for Action Presidential Commission under the National
Museum of African American History and Culture Plan for Action
Presidential Commission Act of 2001 (Public Law 107-106).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Smithsonian Institution to carry out this Act, other than sections 7(b)
and 8--
(1) $17,000,000 for fiscal year 2004; and
(2) such sums as are necessary for each fiscal year thereafter.
(b) Availability.--Amounts made available under subsection (a)
shall remain available until expended.
(c) Use of Funds for Fundraising.--Amounts appropriated pursuant to
the authorization under this section may be used to conduct fundraising
in support of the Museum from private sources.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Museum of African American History and Culture Act - (Sec. 4) Establishes within the Smithsonian Institution (SI) the National Museum of African American History and Culture, to be operated as a center for scholarship and a location for museum training, public education, exhibits, and collection and study of items and materials relating to the life, art, history, and culture of African Americans that encompass the period of slavery, the era of reconstruction, the Harlem renaissance, the civil rights movement, and other periods of the African American diaspora.
(Sec. 5) Establishes the National Museum of African American History and Culture Council to: (1) advise and assist the SI Board of Regents on Museum planning, design, construction, operation, and budgets; and (2) have responsibility and authority with respect to the Museum's collections and work, subject to the Board of Regents' general policies.(Sec. 6) Requires the Secretary of SI to appoint a Director to manage the Museum. (Sec. 7) Authorizes the Director of the Museum to carry out educational and liaison programs in support of Museum goals. Requires the Director of the Institute of Museum and Library Services (IMLS), in consultation with the Council and the Director of the Museum, to establish specified grant, scholarship, internship, and fellowship programs relating to African American museums. Authorizes appropriations to the IMLS Director for such programs. (Sec. 8) Directs the Board of Regents, in consultation with specified Commissions and congressional committee officials, to select the Museum's site from one of four specified sites on, adjacent to, or near the national mall. Requires the Board of Regents to pay costs of planning, design, and construction of the Museum on the chosen site as follows: 50 percent from Federal funds and 50 percent from non-Federal sources. Authorizes appropriations. (Sec. 9) Provides for Congressional Budget Act compliance by declaring that authority under this Act to enter into contracts or to make payments shall be effective in any fiscal year only to the extent provided in advance in an appropriations Act, except that amounts made available under section 11 of this Act shall remain available until expended. (Sec. 10) Directs the Council and the Board of Regents, in carrying out their duties under this Act, to consider the reports and plans submitted by the National Museum of African American History and Culture Plan for Action Presidential Commission under the National Museum of African American History and Culture Plan for Action Presidential Commission Act of 2001 (Public Law 107-106). (Sec. 11) Authorizes appropriations to SI to carry out this Act (except as already provided) in a specified amount for FY 2004, and in necessary amounts for subsequent fiscal years. | {"src": "billsum_train", "title": "To establish within the Smithsonian Institution the National Museum of African American History and Culture, and for other purposes."} | 3,763 | 620 | 0.633578 | 1.942536 | 0.751202 | 4.209125 | 6.595057 | 0.908745 |
SECTION 1. PILOT PROGRAM ON FACILITATION OF TRANSITION OF MEMBERS OF
THE ARMED FORCES TO RECEIPT OF VETERANS HEALTH CARE
BENEFITS AFTER COMPLETION OF MILITARY SERVICE.
(a) Program Required.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a pilot program to assess the feasibility and
advisability of utilizing eligible entities to assist members
of the Armed Forces, particularly members described in
paragraph (2), in applying for and receiving health care
benefits and services from the Department of Veterans Affairs
and otherwise after completion of military service in order to
ensure that such members receive a continuity of care and
assistance in and after the transition from military service to
civilian life.
(2) Target populations.--The pilot program shall focus on
providing assistance to all members of the Armed Forces, with
particular emphasis on the following members:
(A) Members with serious wounds or injuries.
(B) Members with mental disorders.
(C) Women members.
(D) Members of the National Guard and the Reserves.
(3) Veteran navigator.--Eligible entities shall provide
assistance under the pilot program through qualified
individuals who provide such assistance on an individualized
basis to members of the Armed Forces described in paragraph (1)
as they transition from military service to civilian life and
during the commencement of their receipt of health care
benefits and services from the Department of Veterans Affairs
and otherwise. An individual providing such assistance may be
referred to as a ``veteran navigator''.
(4) Consultation.--The Secretary of Veterans Affairs shall
carry out the pilot program in consultation with the Secretary
of Defense.
(b) Duration of Program.--The pilot program shall be carried out
during the five-year period beginning on the date of the enactment of
this Act.
(c) Program Locations.--
(1) In general.--The pilot program shall be carried out at
locations selected by the Secretary of Veterans Affairs for
purposes of the pilot program. Of the locations so selected--
(A) at least one shall be in the vicinity of a
military medical treatment facility (MTF) that treats
members of the Armed Forces who are seriously wounded
or injured in Afghanistan or Iraq;
(B) at least one shall be in the vicinity of a
Department of Veterans Affairs medical center located
in a rural area; and
(C) at least one shall be in the vicinity of a
Department of Veterans Affairs medical center located
in an urban area.
(2) Additional locations.--Any locations for the pilot
program that are in addition to the locations selected under
paragraph (1) shall be selected by the Secretary in
consultation with the grant application evaluation panel
appointed under subsection (f)(3).
(d) Grants.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out the pilot program through the award of grants to
eligible entities for the provision of assistance to members of
the Armed Forces as described in subsection (a).
(2) Duration.--The duration of any grant awarded under the
pilot program may not exceed three years. However, any such
grant may be renewed for a period not to exceed one year.
(e) Eligible Entities.--For purposes of this subsection, an
eligible entity is any entity or organization that--
(1) is independent of the Department of Veterans Affairs
and the Department of Defense; and
(2) has or can acquire the capacity, including appropriate
personnel, to provide assistance under the pilot program as
described in subsection (a).
(f) Selection of Grant Recipients.--
(1) Application.--An eligible entity seeking a grant under
the pilot program shall submit to the Secretary of Veterans
Affairs an application therefor in such form and in such manner
as the Secretary considers appropriate.
(2) Elements.--Each application submitted under paragraph
(1) shall include the following:
(A) A description of the population of members of
the Armed Forces to be provided assistance.
(B) A description of the outreach to be conducted
by the eligible entity concerned to notify members of
the Armed Forces of the availability of such
assistance.
(C) If the population of veterans described in
subparagraph (A) consists of members of the Armed
Forces described in subsection (a)(2), the particular
actions to be taken to provide such assistance to such
members of the Armed Forces.
(3) Evaluation.--
(A) In general.--Each application submitted under
paragraph (1) shall be evaluated by a panel appointed
by the Secretary for purposes of the pilot program.
(B) Membership of panel.--Members of the panel
shall be appointed from among individuals as follows:
(i) Officers and employees of the
Department of Veterans Affairs.
(ii) With the approval of the Secretary of
Defense, officers and employees of the
Department of Defense.
(iii) Representatives of veterans service
organizations.
(iv) Representatives of organizations that
provide services to members of the Armed
Forces.
(C) Recommendation.--Upon completion of the
evaluation of an application under this subsection, the
panel shall recommend to the Secretary whether or not
to approve the application.
(D) Recusal.--No member of the panel may evaluate
an application that is submitted by an entity with
which such member is affiliated.
(4) Approval.--The Secretary shall approve or disapprove
each application submitted under paragraph (1). In determining
whether to approve or disapprove an application, the Secretary
shall take into account the recommendation on such application
by the panel appointed by the Secretary under paragraph (3).
(g) Use of Grant Funds.--
(1) In general.--Each eligible entity receiving a grant
under this section shall use the grant to recruit, assign,
train, and employ individuals to provide assistance on an
individualized basis to members of the Armed Forces,
particularly members described in subsection (a)(2), as they
transition from military service to civilian life and during
the commencement of their receipt of health care benefits and
services from the Department of Veterans Affairs and otherwise.
(2) Qualifications.--Any organization providing assistance
under the pilot program shall employ individuals who
collectively--
(A) have an understanding of the unique health care
needs of members of the Armed Forces as they transition
from military service to civilian life;
(B) have an understanding of the military medical
treatment system of the Department of Defense; and
(C) have an understanding of eligibility for
benefits and services, mechanisms for enrollment or
participation, and receipt of benefits and services in
and through various systems and programs of health care
benefits and services for veterans, including--
(i) the health care system of the
Department of Veterans Affairs; and
(ii) other health care systems and
programs, including health care systems and
programs of other departments and agencies of
the Federal Government, State and local
governments, and other public and private
entities.
(3) Scope of assistance.--In providing assistance to a
member of the Armed Forces under the pilot program, an
individual shall--
(A) assist the member in identifying the unique
health care needs of the member (including mental
health care);
(B) assist the member in enrolling in the health
care system of the Department of Veterans Affairs after
separation from military service;
(C) assist the member in identifying and applying
for any other health care benefits or services to which
the member may be entitled after military service; and
(D) assist the member in obtaining the timely
commencement of health care benefits and services from
the Department of Veterans Affairs, and the timely
commencement of other veterans health care benefits and
services, so that the member receives a continuity of
health care and assistance in and after the transition
from military service to civilian life.
(4) Coordination.--In providing assistance to members of
the Armed Forces under the pilot programs, individuals
providing such assistance shall coordinate closely with
appropriate personnel of the Department of Defense and the
Department of Veterans Affairs in order to--
(A) develop relationships (including information
sharing) that enhance the effectiveness of such
assistance;
(B) eliminate overlap or duplication of effort; and
(C) otherwise facilitate a continuity of care and
assistance for such members in and after the transition
from military service to civilian life.
(5) Training.--An eligible entity awarded a grant under the
pilot program may use grant funds for the provision of training
to individuals who provide assistance under the pilot program
on matters covered by the pilot program.
(6) Reports.--Each eligible entity awarded a grant under
the pilot program shall submit to the Secretary, with such
frequency as the Secretary shall specify, reports on the
activities undertaken under the pilot program. Each report of
an eligible entity shall include--
(A) a description of the activities undertaken by
such eligible entity during the period covered by such
report; and
(B) an assessment of the effectiveness of such
activities in ensuring that members of the Armed Forces
receive a continuity of care and assistance in and
after the transition from military service to civilian
life.
(h) Duplication of Services.--The Secretary may not award a grant
under subsection (d) to an eligible entity that is receiving federal
funds for activities described in paragraphs (1) and (3) of subsection
(g) on the date on which the eligible entity submits an application
subsection (f)(1) unless the Secretary determines that the eligible
entity will use amounts received under the grant to expand services or
provide new services to individuals who would not otherwise be served.
(i) Report on Program.--
(1) In general.--Not later than six months after the
completion of the pilot program, the Secretary of Veterans
Affairs shall submit to Congress report on the pilot program.
(2) Elements.--The report shall include the following:
(A) A description of the activities undertaken
under the pilot program.
(B) An assessment of the effectiveness of such
activities in ensuring that members of the Armed Forces
receive a continuity of care and assistance in and
after the transition from military service to civilian
life.
(C) Such recommendations for legislative or
administrative action, including action to extend,
expand, or make permanent the pilot program, as the
Secretary considers appropriate in light of the pilot
program.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
the Department of Veterans Affairs to carry out this section,
amounts as follows:
(A) For fiscal year 2008, $2,000,000.
(B) For fiscal year 2009, $5,000,000.
(C) For fiscal year 2010, $8,000,000.
(D) For fiscal year 2011, $6,500,000.
(E) For fiscal year 2012, $3,500,000.
(2) Availability.--Any amount authorized to be appropriated
by paragraph (1) shall remain available for obligation through
the end of fiscal year 2012. | Directs the Secretary of Veterans Affairs to carry out a five-year pilot program to assess the feasibility and advisability of awarding grants to eligible entities to assist members of the Armed Forces, particularly those with serious wounds, injuries, or mental disorders, women members, and members of the National Guard and reserves, in applying for and receiving health care benefits and services from the Department of Veterans Affairs (VA) and otherwise after completion of military service, in order to ensure that such members receive a continuity of care and assistance in and after the transition from military service to civilian life.
Requires at least one location of the pilot program to be in the vicinity of: (1) a military medical facility that treats members who are seriously wounded or injured in Afghanistan or Iraq; (2) a VA medical center located in a rural area; and (3) a VA medical center located in an urban area. | {"src": "billsum_train", "title": "A bill to require a pilot program on the facilitation of the transition of members of the Armed Forces to receipt of veterans health care benefits upon completion of military service, and for other purposes."} | 2,273 | 189 | 0.722701 | 1.974253 | 0.867445 | 4.858757 | 12.60452 | 0.949153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sales Tax Holiday Act of 2008''.
SEC. 2. STATE AND LOCAL SALES TAX RELIEF FOR CONSUMERS.
(a) In General.--The Secretary shall reimburse each State for 60
percent of the amount of State and local sales tax payable and not
collected during the sales tax holiday period.
(b) Determination and Timing of Reimbursement.--
(1) Predetermined amount.--Not later than May 1, 2008, the
Secretary shall pay to each State an amount equal to the sum
of--
(A)(i) 60 percent of the amount of State and local
sales tax payable and collected in such State during
the same period in 2007 as the sales tax holiday
period, times
(ii) an acceleration factor equal to 1.73, plus
(B) an amount equal to 1 percent of the amount
determined under subparagraph (A) for State
administrative costs.
(2) Reconciliation amount.--Not later than July 1, 2008,
the Secretary shall pay to each electing State under subsection
(c)(2) an amount equal to the excess (if any) of--
(A) 60 percent of the amount of State and local
sales tax payable and not collected in such State
during the sales tax holiday period, over
(B) the amount determined under paragraph (1)(A)
and paid to such State.
(c) Requirement for Reimbursement.--The Secretary may not pay a
reimbursement under this section unless--
(1) the chief executive officer of the State informs the
Secretary, not later than March 1, 2008, of the intention of
the State to qualify for such reimbursement by not collecting
sales tax payable during the sales tax holiday period,
(2) in the case of a State which elects to receive the
reimbursement of a reconciliation amount under subsection
(b)(2)--
(A) the chief executive officer of the State
informs the Secretary and the Director of Management
and Budget and the retail sellers of tangible property
in such State, not later than March 1, 2008, of the
intention of the State to make such an election,
(B) the chief executive officer of the State
informs the retail sellers of tangible property in such
State, not later than March 1, 2008, of the intention
of the State to make such an election and the
additional information (if any) that will be required
as an addendum to the standard reports required of such
retail sellers with respect to the reporting periods
including the sales tax holiday period,
(C) the chief executive officer reports to the
Secretary and the Director of Management and Budget,
not later than June 1, 2008, the amount determined
under subsection (b)(2) in a manner specified by the
Secretary,
(D) if amount determined under subsection (b)(1)(A)
and paid to such State exceeds the amount determined
under subsection (b)(2)(A), the chief executive officer
agrees to remit to the Secretary such excess not later
than July 1, 2008, and
(E) the chief executive officer of the State
certifies that such State--
(i) in the case of any retail seller unable
to identify and report sales which would
otherwise be taxable during the sales tax
holiday period, shall treat the reporting by
such seller of sales revenue during such
period, multiplied by the ratio of taxable
sales to total sales for the same period in
2008 as the sales tax holiday period, as a good
faith effort to comply with the requirements
under subparagraph (B), and
(ii) shall not treat any such retail seller
of tangible property who has made such a good
faith effort liable for any error made as a
result of such effort to comply unless it is
shown that the retailer acted recklessly or
fraudulently,
(3) in the case of any home rule State, the chief executive
officer of such State certifies that all local governments that
impose sales taxes in such State agree to provide a sales tax
holiday during the sales tax holiday period,
(4) the chief executive officer of the State agrees to pay
each local government's share of the reimbursement (as
determined under subsection (d)) not later than 20 days after
receipt of such reimbursement, and
(5) in the case of not more than 20 percent of the States
which elect to receive the reimbursement of a reconciliation
amount under subsection (b)(2), the Director of Management and
Budget certifies the amount of the reimbursement required under
subsection (b)(2) based on the reports by the chief executive
officers of such States under paragraph (2)(C).
(d) Determination of Reimbursement of Local Sales Taxes.--For
purposes of subsection (c)(4), a local government's share of the
reimbursement to a State under this section shall be based on the ratio
of the local sales tax to the State sales tax for such State for the
same time period taken into account in determining such reimbursement,
based on data published by the Bureau of the Census.
(e) Definitions.--For purposes of this section--
(1) Home rule state.--The term ``home rule State'' means a
State that does not control imposition and administration of
local taxes.
(2) Local.--The term ``local'' means a city, county, or
other subordinate revenue or taxing authority within a State.
(3) Sales tax.--The term ``sales tax'' means--
(A) a tax imposed on or measured by general retail
sales of taxable tangible property, or services
performed incidental to the sale of taxable tangible
property, that is--
(i) calculated as a percentage of the
price, gross receipts, or gross proceeds, and
(ii) can or is required to be directly
collected by retail sellers from purchasers of
such property,
(B) a use tax, or
(C) the Illinois Retailers' Occupation Tax, as
defined under the law of the State of Illinois, but
excludes any tax payable with respect to food and
beverages sold for immediate consumption on the
premises, beverages containing alcohol, and tobacco
products.
(4) Sales tax holiday period.--The term ``sales tax holiday
period'' means the period beginning after April 3, 2008, and
ending before April 14, 2008.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(6) State.--The term ``State'' means any of the several
States, the District of Columbia, or the Commonwealth of Puerto
Rico.
(7) Use tax.--The term ``use tax'' means a tax imposed on
the storage, use, or other consumption of tangible property
that is not subject to sales tax. | Sales Tax Holiday Act of 2008 - Directs the Secretary of the Treasury to reimburse each state that elects to partipicapte in a sales tax holiday period (beginning after April 3, 2008, and ending before April 14, 2008) for 60% of the amount of state and local sales tax payable and not collected during such period. | {"src": "billsum_train", "title": "A bill to provide Federal reimbursement to State and local governments for a limited sales, use, and retailers' occupation tax holiday."} | 1,429 | 68 | 0.637841 | 1.5798 | 0.817744 | 5.444444 | 21.698413 | 0.936508 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hallways to Health Act''.
SEC. 2. SCHOOL-BASED HEALTH CENTERS.
Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) is
amended by adding at the end the following new section:
``SEC. 2114. GRANTS AND PROGRAMS TO IMPROVE ACCESS TO, AND THE DELIVERY
OF, CHILDREN'S HEALTH SERVICES THROUGH SCHOOL-BASED
HEALTH CENTERS.
``(a) Grants to School-Based Health Centers To Encourage Children
To Adopt Healthy Behaviors.--
``(1) Establishment.--Not later than 18 months after the
date of enactment of this subsection, the Secretary shall
publish criteria to enable school-based health centers to apply
for grants for the purpose of assisting eligible children under
this title and title XIX and other children by providing
funding for community health workers to facilitate children's
access to services that encourage children to adopt healthy
behaviors and to improve the quality and cultural competence of
the delivery of such services. Not later than 2 years after
such date, the Secretary shall award grants to school-based
health centers for such purposes.
``(2) Requirements.--A school-based health center that
employs individuals who meet the Bureau of Labor Statistics
standard occupational definition of `health educator' (21-1091
or any successor classification number) or `community health
worker' (21-1094 or any successor classification number) shall
be eligible for a grant under this subsection.
``(3) Reporting.--
``(A) By grantees.--A grantee under this subsection
shall annually submit to the Secretary a report
containing a description of the services provided under
the grant, the data collected with respect to such
services, a description of the efficacy of such
services, any other information determined appropriate
by the Secretary.
``(B) By secretary.--The Secretary biennially shall
submit to Congress a report on the efficacy of the
grant program established under this subsection.
``(4) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection. Funds appropriated under the
preceding sentence shall remain available until expended.''.
SEC. 3. ESTABLISHMENT AND EXPANSION OF DEMONSTRATION PROGRAMS TO
PROVIDE TELE-HEALTH SERVICES AT SCHOOL-BASED HEALTH
CENTERS.
Section 2114 of the Social Security Act (as added by section 2), is
amended by adding at the end the following new subsection:
``(b) Establishment and Expansion of Tele-Health Services
Demonstration Programs.--
``(1) Establishment.--Not later than 18 months after the
date of enactment of this subsection, the Secretary shall
publish criteria for the establishment of a demonstration
program to provide new tele-health services, or to expand
existing tele-health service programs, located at school-based
health centers. A school-based health center's receipt of funds
under the demonstration program under this subsection shall not
preclude the school-based health center from being reimbursed
by public or private health insurance programs according to
State law and regulation for items and services furnished by or
through the center.
``(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection. Funds appropriated under the
preceding sentence shall remain available until expended.''.
SEC. 4. ASSURANCE OF PAYMENT UNDER MEDICAID AND CHIP FOR COVERED ITEMS
AND SERVICES FURNISHED BY CERTAIN SCHOOL-BASED HEALTH
CENTERS.
(a) State Plan Requirement.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)) is amended by inserting after paragraph (77)
the following new paragraph:
``(78) provide that the State shall certify to the
Secretary that the State has implemented procedures to pay for
medical assistance (including care and services described in
subsections (a)(4)(B) and (r) of section 1905 and provided in
accordance with section 1902(a)(43)) furnished in a school-
based health center (as defined in section 2110(c)(9)), if
payment would be made under the State plan for the same items
and services if furnished in a physician's office or other
outpatient clinic (including if such payment would be included
in the determination of a prepaid capitation or other risk-
based rate of payment to an entity under a contract pursuant to
section 1903(m));''.
(b) Application to CHIP.--Section 2107(e)(1) of the Social Security
Act (42 U.S.C. 1397gg(e)(1)) is amended--
(1) by redesignating subparagraphs (E) through (O) as
subparagraphs (F) through (P), respectively; and
(2) by inserting after subparagraph (D), the following new
subparagraph:
``(E) Section 1902(a)(78) (relating to procedures
to ensure payment for covered services furnished in a
school-based health center).''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2016.
SEC. 5. OTHER IMPROVEMENTS.
(a) In General.--Section 399Z-1 of the Public Health Service Act
(42 U.S.C. 280h-5) is amended--
(1) in subsection (a)(1), in the matter preceding
subparagraph (A), by inserting ``either in person or via
telehealth,'' after ``health centers,'';
(2) in subsection (a)(3)(A), by inserting before the
semicolon the following: ``, and include universities,
accountable care organizations, and behavioral health
organizations'';
(3) in subsection (c)(2)(C)(4), by inserting ``and health
education'' after ``health services'';
(4) in subsection (e), by striking ``may--'' and all that
follows through the end and inserting ``may, upon a showing of
good cause, waive the requirement that the SBHC provide all
required comprehensive primary health services for a period of
not to exceed 2 years.'';
(5) in subsection (i), by inserting before the period the
following: ``, including using existing quality performance
measures funded by the Federal Government for such entities'';
(6) in subsection (l)--
(A) by striking ``2014'' and inserting ``2021'';
and
(B) by redesignating such subsection as subsection
(n); and
(7) by inserting after subsection (k), the following:
``(l) Technical Assistance.--The Secretary, acting directly or
through the awarding of grants or contracts to private, nonprofit
entities shall establish or support existing State school-based health
center resource centers that--
``(1) provide advocacy, training, and technical assistance
to school-based health centers, including maximizing Federal
and State resources;
``(2) support the development of school-based health
centers; and
``(3) enhance the operations and performance of school-
based health centers.
``(m) Authorization of Appropriations.--For purposes of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary.''.
(b) Covered Entity.--Section 340B(a)(4) of the Public Health
Service Act (42 U.S.C. 256b(a)(4)) is amended by adding at the end the
following:
``(P) A school-based health center.''.
(c) Qualified Health Plans.--Section 1311(c)(1)(C) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031(c)(1)(C)) is
amended by inserting ``, providers defined in section 2110(c)(9) of the
Social Security Act,'' after ``Public Health Service Act''. | Hallways to Health Act This bill amends titles XIX (Medicaid) and XXI (Children's Health Insurance Program [CHIP]) of the Social Security Act to: establish a grant program for school-based health centers to, with respect to children who are eligible for Medicaid and CHIP, facilitate access to services and encourage the adoption of healthy behaviors; establish a demonstration program for the provision or expansion of telehealth services in school-based health centers; and require state Medicaid and CHIP programs to cover services furnished by school-based health centers. In addition, the bill amends the Public Health Service Act to reauthorize through FY2021 and revise school-based health center programs. The bill also amends the Patient Protection and Affordable Care Act to specify that school-based health centers are essential community providers for purposes of inclusion in a qualified health plan. | {"src": "billsum_train", "title": "Hallways to Health Act"} | 1,866 | 240 | 0.568837 | 1.514567 | 0.699907 | 2.305732 | 9.917197 | 0.802548 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pirate Fishing Vessel Disposal Act
of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Stateless vessels forfeited to the United States for
engaging in illegal, unreported, and unregulated fishing are of
little inherent economic value, and have no useful commercial
fishing purpose other than engaging in this type of pirate
fishing.
(2) The environmental harm of allowing vessels seized for
illegal, unreported, or unregulated fishing to return to such
fishing activities far outweighs any damage to the environment
caused by sinking or otherwise disposing of such vessels at
appropriate depths and distances from shore after proper
decontamination procedures and disposal site selection have
been followed.
(3) Maritime threats to the United States increasingly
involve asymmetrical warfare and the Navy and Coast Guard need
to be prepared for such threats.
(4) Using vessels forfeited for engaging in illegal,
unreported, or unregulated fishing in live-fire sinking
exercises represents an important opportunity for the Armed
Forces to prepare for such asymmetrical maritime warfare.
(5) Since the oils and hazardous and toxic substances
aboard such vessels pose a threat to the marine environment,
and since such vessels are essentially abandoned assets, it is
appropriate to use the Oil Spill Liability Trust Fund to
prevent pollution and pay for decontamination costs for such
vessels.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--Except as otherwise specifically
provided, the term ``Administrator'' means the Administrator of
the Maritime Administration.
(2) Commandant.--The term ``Commandant'' means the
Commandant of the United States Coast Guard.
(3) Forfeited vessel.--The term ``forfeited vessel'' means
a foreign or stateless vessel that is forfeited to the United
States for engaging in illegal, unreported, or unregulated
fishing under any of the living marine resource statutes
implemented by the Secretary of Commerce.
(4) Illegal, unreported, or unregulated fishing.--The term
``illegal, unreported, or unregulated fishing'' means fishing
activities--
(A) conducted by a national or foreign vessel in
waters under the jurisdiction of a nation without the
permission of that nation, or in contravention of its
laws and regulations, including activities that have
not been reported, or have been misreported, to the
relevant national authority of that nation in
contravention of its laws and regulations;
(B) conducted by a vessel flying the flag of a
nation that is a member of a regional fisheries
management organization in contravention of the
conservation and management measures adopted by that
organization and by which that nation is bound,
including activities that have not been reported, or
have been misreported, in contravention of the
reporting requirements of that organization;
(C) conducted by a vessel flying the flag of a
nation that is a cooperating non-member of a regional
fisheries management organization that are inconsistent
with the commitments undertaken by that nation as a
cooperating non-member of that organization, including
activities that have not been reported, or have been
misreported, in a manner that is inconsistent with
those commitments; or
(D) conducted in the area of application of a
regional fisheries management organization by a vessel
without nationality or by a vessel flying the flag of a
nation that is not a member nor a cooperating non-
member of that organization and that undermines the
effectiveness of the conservation and management
measures of that organization.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Oceans and Atmosphere of the Department
of Commerce.
SEC. 4. USE OF FORFEITED VESSELS.
(a) Sinking.--
(1) Authority.--The Commandant is authorized to use a
vessel described in paragraph (2) for live-fire sinking
exercises if the Commandant determines that the vessel would be
useful for such exercises.
(2) Vessel described.--A vessel described in this paragraph
is a vessel that is--
(A) transferred to the Commandant under paragraph
(3); or
(B) otherwise under the administrative control of
the Commandant as a forfeited vessel.
(3) Requirement to transfer vessel.--The head of an agency
or department of the United States with administrative control
over a forfeited vessel shall transfer such vessel to the
Commandant for use in live-fire sinking exercises authorized
under paragraph (1) if the Commandant determines that the
vessel would be useful for such exercises.
(b) Scrapping or Recycling or Transfer for Law Enforcement or Other
Purposes.--If a forfeited vessel is not transferred to or utilized by
the Commandant for sinking exercises under subsection (a), the
forfeited vessel shall be transferred to or otherwise under the control
of the Commandant, the Administrator, or the Under Secretary, as
appropriate, and be--
(1) scrapped or recycled by a facility in the United States
or disposed of on land;
(2) sold or donated to a developing nation solely for the
purposes of fisheries enforcement, provided that any fishing
gear is removed from the vessel; or
(3) donated to a not-for-profit institution or governmental
agency solely for the purposes of education, research, or other
public interest purposes with agreement from the recipient
entity that vessel will never be utilized for illegal,
unreported, or unregulated fishing or related activities.
(c) Limitation on Exercises.--The sinking exercises authorized by
subsection (a) shall take place only--
(1) in water not less than 1,000 fathoms deep;
(2) not less than 50 nautical miles from any land;
(3) not outside the exclusive economic zone of the United
States; and
(4) outside of any--
(A) habitat area of particular concern identified
under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.); or
(B) critical habitat, as defined in section 3(5) of
the Endangered Species Act of 1973 (16 U.S.C. 1532(5)).
(d) Participation of the Armed Forces.--The Commandant may invite
the Secretary of the Army, the Secretary of the Navy, or the Secretary
of the Air Force to participate in sinking exercises authorized by
subsection (a).
SEC. 5. DECONTAMINATION OF FORFEITED VESSELS.
(a) Requirement for Decontamination.--Before sinking a forfeited
vessel in exercises authorized by section 4(a), the Commandant shall--
(1) remove from such vessel any material that may degrade
the marine environment, including petroleum products, to the
maximum extent practicable with best current techniques and in
compliance with--
(A) the General Permit for the Transport of Target
Vessels set out in section 229.2 of title 40, Code of
Federal Regulations, or any similar subsequent permit
issued by the Administrator of the Environmental
Protection Agency pursuant to section 102 of the
Protection, Research, and Sanctuaries Act of 1972 (33
U.S.C. 1412);
(B) the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.); and
(C) the guidance recommending best management
practices for vessel preparation developed by the
Maritime Administration and the Environmental
Protection Agency pursuant to section 3504(b) of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314; 16 U.S.C. 1220 note);
(2) consult with the Administrator, the Secretary of the
Navy, and the Administrator of the Environmental Protection
Agency on the proper procedures to decontaminate such vessel;
and
(3) remove from such vessel and properly dispose of any
fishing gear and other materials that are likely to float or
pose an entanglement hazard and become a threat to marine life.
(b) Inapplicability of the Toxic Substances Control Act.--The Toxic
Substances Control Act (15 U.S.C. 2601 et seq.) shall not apply to the
sinking of a forfeited vessel in exercises authorized by section 4(a)
and in compliance with this Act.
SEC. 6. FUNDING.
(a) Sinking, Scrapping, and Recycling.--
(1) Authorization.--The Commandant is authorized--
(A) for a forfeited vessel to be sunk in exercises
as authorized by section 4(a), to utilize funds from
the Oil Spill Liability Trust Fund established by
section 9509 of the Internal Revenue Code of 1986 for
the costs of berthing, towing, decontamination, and
other preparations for such exercises; or
(B) for a forfeited vessel to be scrapped or
recycled as authorized by section 4(b)(1), to utilize
or transfer to the Administrator or Under Secretary, as
appropriate, funds from such Trust Fund for the costs
of berthing, towing, and for such scrapping or
recycling, if such costs exceed the scrap value of the
vessel.
(2) Allowance of expenditures from oil spill liability
trust fund.--Paragraph (1) of section 9509(c) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end
of subparagraph (E), by striking the period at the end of
subparagraph (F) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(G) for the payment of costs authorized under the
Pirate Fishing Vessel Disposal Act of 2011.''.
(b) Sale or Donation.--Section 311(e)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)) is
amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting a semicolon and ``and''; and
(3) by adding at the end the following:
``(G) expenses or reimburse costs associated with the sale
or donation of a vessel under paragraph (2) or (3) of section
4(b) of the Pirate Fishing Vessel Disposal Act of 2011,
including berthing, towing, decontamination, and other
preparation of the vessel for sale or transfer.''.
SEC. 7. EFFECTIVE DATE.
This Act shall apply to all forfeited vessels surrendered or seized
and forfeited after September 1, 2011. | Pirate Fishing Vessel Disposal Act of 2011 - Directs the head of a U.S. agency with administrative control over a forfeited vessel to transfer such vessel to the Commandant of the Coast Guard for use in live-fire sinking exercises if the Commandant determines that the vessel would be useful for such exercises. Requires, if a forfeited vessel is not transferred to or utilized by the Commandant for such exercises, that the forfeited vessel be transferred to or otherwise under the control of the Commandant, the Administrator of the Maritime Administration, or the Under Secretary for Oceans and Atmosphere of the Department of Commerce, and be: (1) scrapped or recycled; (2) sold or donated to a developing nation for fisheries enforcement; or (3) donated to a not-for-profit institution or governmental agency for education, research, or other public interest purposes with an agreement that the vessel will never be utilized for illegal, unreported, or unregulated fishing or related activities.
Defines a "forfeited vessel" as a foreign or stateless vessel forfeited to the United States for engaging in specified illegal, unreported, or unregulated fishing under any of the living marine resource statutes implemented by the Secretary of Commerce.
Applies this Act to all forfeited vessels surrendered or seized and forfeited after September 1, 2011. | {"src": "billsum_train", "title": "To prevent forfeited fishing vessels from being transferred to private parties and for other purposes."} | 2,330 | 303 | 0.688424 | 2.164729 | 0.746736 | 6.04065 | 8.406504 | 0.96748 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Veterans Education Relief and Restoration Act of 2015''.
SEC. 2. RESTORATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE AND OTHER
RELIEF FOR VETERANS AFFECTED BY CLOSURES OF EDUCATIONAL
INSTITUTIONS.
(a) Educational Assistance.--
(1) In general.--Section 3312 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(d) Discontinuation of Education Due to Closure of Educational
Institution.--
``(1) In general.--Any payment of educational assistance
described in paragraph (2) shall not--
``(A) be charged against any entitlement to
educational assistance of the individual concerned
under this chapter; or
``(B) be counted against the aggregate period for
which section 3695 of this title limits the
individual's receipt of educational assistance under
this chapter.
``(2) Description of payment of educational assistance.--
Subject to paragraph (3), the payment of educational assistance
described in this paragraph is the payment of such assistance
to an individual for pursuit of a course or courses under this
chapter if the Secretary finds that the individual--
``(A) was forced to discontinue such course pursuit
as a result of a permanent closure of an educational
institution; and
``(B) did not receive credit, or lost training
time, toward completion of the program of education
being pursued at the time of such closure.
``(3) Period for which payment not charged.--The period for
which, by reason of this subsection, educational assistance is
not charged against entitlement or counted toward the
applicable aggregate period under section 3695 of this title
shall not exceed the aggregate of--
``(A) the portion of the period of enrollment in
the course or courses from which the individual failed
to receive credit or with respect to which the
individual lost training time, as determined under
paragraph (2)(B), and
``(B) the period by which monthly stipend is
extended under section 3680(a)(2)(B) of this title.''.
(2) Applicability.--Subsection (d) of such section, as
added by paragraph (1), shall apply with respect to courses and
programs of education discontinued as described in subparagraph
(A) or (B) of paragraph (2) of such subsection in fiscal year
2015 or any fiscal year thereafter.
(b) Monthly Housing Stipend.--
(1) In general.--Section 3680(a) of such title is amended--
(A) by striking the matter after paragraph (3)(B);
(B) in paragraph (3), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively;
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(D) in the matter before subparagraph (A), as
redesignated, in the first sentence, by striking
``Payment of'' and inserting ``(1) Except as provided
in paragraph (2), payment of''; and
(E) by adding at the end the following new
paragraph (2):
``(2) Notwithstanding paragraph (1), the Secretary may, pursuant to
such regulations as the Secretary shall prescribe, continue to pay
allowances to eligible veterans and eligible persons enrolled in
courses set forth in paragraph (1)(A)--
``(A) during periods when schools are temporarily closed
under an established policy based on an Executive order of the
President or due to an emergency situation, except that the
total number of weeks for which allowances may continue to be
so payable in any 12-month period may not exceed four weeks; or
``(B) solely for the purpose of awarding a monthly housing
stipend described in section 3313 of this title, during periods
following a permanent school closure, except that payment of
such a stipend may only be continued until the earlier of--
``(i) the date of the end of the term, quarter, or
semester during which the school closure occurred; and
``(ii) the date that is 4 months after the date of
the school closure.''.
(2) Conforming amendment.--Paragraph (1)(C)(ii) of such
section, as redesignated, is amended by striking ``described in
subclause (A) of this clause'' and inserting ``described in
clause (ii)''. | Department of Veterans Affairs Veterans Education Relief and Restoration Act of 2015 This bill declares that, if a veteran is forced to discontinue a course as a result of an educational institution's permanent closure and did not receive credit or lost training time toward completion of the education program, Department of Veterans Affairs (VA) educational assistance payments shall not, for a specified period of time, be: charged against the individual's entitlement to educational assistance, or counted against the aggregate period for which such assistance may be provided. The bill applies to school closures beginning with FY2015. The VA may continue to pay educational assistance and subsistence allowances to eligible veterans and eligible persons enrolled in specified courses for up to 4 weeks in any 12-month period when schools are temporarily closed under an established policy based on an executive order of the President or due to an emergency situation. The VA may also continue to pay a monthly housing stipend following a permanent school closure, but only until the earlier of: (1) the date of the end of the term, quarter, or semester during which the school closure occurred; and (2) the date that is four months after the school closure. | {"src": "billsum_train", "title": "Department of Veterans Affairs Veterans Education Relief and Restoration Act of 2015"} | 988 | 244 | 0.669503 | 1.915588 | 0.858976 | 4.266376 | 4.030568 | 0.912664 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Home Health Care
Prospective Payment Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Social Security Act.
Sec. 3. Recapturing savings resulting from temporary freeze on payment
increases for home health services.
Sec. 4. Initial prospective payment for home health services.
Sec. 5. Permanent prospective payment for home health services.
Sec. 6. Payment based on location where home health service is
furnished.
Sec. 7. Elimination of periodic interim payments for home health
agencies.
Sec. 8. Establishment of home health benefit under Part A and transfer
of other home health services to Part B.
SEC. 2. AMENDMENTS TO THE SOCIAL SECURITY ACT.
Whenever in this title an amendment is expressed in terms of an
amendment to or repeal of section or other provision, the reference
shall be considered to be made to that section or other provision of
the Social Security Act.
SEC. 3. RECAPTURING SAVINGS RESULTING FROM TEMPORARY FREEZE ON PAYMENT
INCREASES FOR HOME HEALTH SERVICES.
(a) Basing Updates to per Visit Cost Limits on Limits for Fiscal
Year 1993.--Section 1861(v)(1)(L) (42 U.S.C. 1395x(v)(1)(L)) is amended
by adding after subclause (iii) the following:
``(iv) In establishing limits under this
subparagraph for cost reporting periods
beginning after September 30, 1997, the
Secretary shall not take into account any
changes in the home health market basket, as
determined by the Secretary, with respect to
cost reporting periods which began on or after
July 1, 1994, and before July 1, 1996.''.
(b) No Exceptions Permitted Based on Amendment.--The Secretary of
Health and Human Services shall not consider the amendment made by
subsection (a) in making any exemptions and exceptions pursuant to
section 1861(v)(1)(L)(ii) of the Social Security Act.
SEC. 4. INITIAL PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH SERVICES.
(a) Reductions in Cost Limits.--Section 1861(v)(1)(L)(I) (42 U.S.C.
1395x(v)(1)(L)(I)) is amended--
(1) by inserting ``and before October 1, 1997,'' after
``July 1, 1987'' in subclause (III);
(2) by striking the period at the end of the matter
following subclause (III), and inserting ``, and''; and
(3) by adding at the end the following new subclause:
``(IV) October 1, 1997, 105 percent of the
median of the labor-related and nonlabor per
visit costs for freestanding home health
agencies.''.
(b) Delay in Updates.--Section 1861(v)(1)(L)(iii) (42 U.S.C.
1395x(v)(1)(L)(iii)) is amended by adding ``, or on or after July 1,
1997, and before October 1, 1997'' after ``July 1, 1996''.
(c) Additions to Predetermined Rates.--Section 1861(v)(1)(L) (42
U.S.C. 1395x(v)(1)(L)) is amended by inserting after clause (iii) the
following:
``(iv) Rates for fiscal years 1998 through
1999.--For services furnished by home health
agencies for cost reporting periods beginning
on or after October 1, 1997, but before October
1, 1999, the Secretary shall provide for an
interim system of rates. A rate shall be a
payment equal to the lower of--
``(I) cost determined under the
preceding provisions of this
subparagraph; or
``(II) an agency-specific per
beneficiary annual limitation
calculated from the agency's 12-month
cost reporting period ending on or
after January 1, 1993, and on or before
December 31, 1993, based on reasonable
costs (including nonroutine medical
supplies), updated by the home health
market basket index. The per
beneficiary limitation shall be
multiplied by the agency's unduplicated
census count of patients (entitled to
benefits under this title) for the year subject to the limitation or
such other year determined by the Secretary to be required for the fair
and efficient implementation of this section to determine the aggregate
agency-specific per beneficiary limitation.
``(v) Special rules.--For services
furnished by home health agencies for cost
reporting periods beginning on or after October
1, 1997, the following rules apply:
``(I) For new providers and those
providers without a 12-month cost
reporting period ending in calendar
year 1994, the per beneficiary
limitation shall be equal to the mean
of these limits (or the Secretary's
best estimates thereof) applied to home
health agencies as determined by the
Secretary. Home health agencies that
have altered their corporate structure
or name shall not be considered new
providers for payment purposes.
``(II) For beneficiaries who use
services furnished by more than 1 home
health agency, the per beneficiary
limitations shall be prorated among the
agencies.''.
``(vi) Incentive payments.--Home health
agencies whose year end reasonable costs are
below the agency's per beneficiary aggregate
limit (including costs and utilization) shall
receive 50 percent of the difference between
the reasonable costs and the aggregate
limit.''.
(d) Development of Case Mix System.--The Secretary shall expand
research on a prospective payment system for home health agencies that
ties prospective payments to a unit of service, including an intensive
effort to develop a reliable case mix adjuster that explains a
significant amount of the variances in costs.
(e) Submission of Data for Case Mix System.--Effective for cost
reporting periods beginning on or after October 1, 1997, the Secretary
may require all home health agencies to submit additional information
that the Secretary considers necessary for the development of a
reliable case mix system.
SEC. 5. PERMANENT PROSPECTIVE PAYMENT FOR HOME HEALTH SERVICES.
Title XVIII (42 U.S.C. 1395 et seq.) is amended by adding after
section 1893 the following:
``SEC. 1894. PERMANENT PROSPECTIVE PAYMENT FOR HOME HEALTH SERVICES.
``(a) In General.--Notwithstanding section 1861(v), the Secretary,
for cost reporting periods beginning on or after October 1, 1999, shall
provide for payments for home health services in accordance with a
prospective payment system established by the Secretary.
``(b) Elements of System.--Such a system shall include the
following:
``(1) Prospective payment amount.--All services covered and
paid on a reasonable cost basis under the medicare home health
benefit as of the date of the enactment of the Balanced Budget
Act of 1997, including medical supplies, shall be subject to
the prospective payment amount. In defining a prospective
payment amount, the Secretary shall consider an appropriate
unit of service and the number of visits provided within that
unit, potential changes in the mix of services provided within
that unit and their cost, and a general system design that
provides for continued access to quality services. The
prospective payment amount shall be based on the most current
audited cost report data available to the Secretary or such
other year determined by the Secretary to be required for the
fair and efficient implementation of this section.
``(2) Use of case mix.--The Secretary shall employ an
appropriate case mix adjustment that explains a significant
amount of the variation in cost.
``(3) Annual adjustments.--The prospective payment amount
shall be adjusted annually by the home health market basket
index. The labor portion of the prospective payment amount
shall be adjusted for geographic differences in labor-related
costs based on the most current hospital wage index.
``(4) Outliers.--The Secretary may designate a payment
provision for outliers, recognizing the need to adjust payments
because of unusual variations in the type or amount of
medically necessary care.
``(5) Proration of prospective payment amounts.--If a
beneficiary elects to transfer to, or receive services from,
another home health agency within the period covered by the
prospective payment amount, the payment shall be prorated
between home health agencies.
``(c) Savings.--Prior to implementing the permanent prospective
system described in subsections (a) and (b) in a budget neutral
fashion, the Secretary first shall reduce, up to 15 percent, the rates
and per beneficiary limits described in section 1861(v)(1)(L), as those
limits are in effect on September 30, 1999, in order to assure the
projected scorable savings of this Act.''.
SEC. 6. PAYMENT BASED ON LOCATION WHERE HOME HEALTH SERVICE IS
FURNISHED.
(a) Conditions of Participation.--Section 1891 (42 U.S.C. 1395bbb)
is amended by adding at the end the following:
``(g) Payment on Basis of Location of Service.--A home health
agency shall submit claims for payment for home health services under
this title only on the basis of the geographic location at which the
service is furnished, as determined by the Secretary.''.
(b) Wage Adjustment.--Section 1861(v)(1)(L)(iii) (42 U.S.C.
1395x(v)(1)(L)(iii)) is amended by striking ``agency is located'' and
inserting ``service is furnished''.
(c) Effective Date.--The amendments made by this section apply to
cost reporting periods beginning on or after October 1, 1997.
SEC. 7. ELIMINATION OF PERIODIC INTERIM PAYMENTS FOR HOME HEALTH
AGENCIES.
(a) In General.--Section 1815(e)(2) (42 U.S.C. 1395g(e)(2)) is
amended--
(1) by inserting ``and'' at the end of subparagraph (C);
(2) by striking subparagraph (D); and
(3) by redesignating subparagraph (E) as (D).
(b) Effective Date.--The amendments made by subsection (a) apply to
payments made on or after the implementation of section 1894 (as added
by section 11273 of this Act).
SEC. 8. ESTABLISHMENT OF HOME HEALTH BENEFIT UNDER PART A AND TRANSFER
OF OTHER HOME HEALTH SERVICES TO PART B.
(a) In General.--Section 1812(a)(3) (42 U.S.C. 1395d(a)(3)) is
amended by inserting ``for up to 100 visits'' before the semicolon.
(b) Conforming Amendments.--Section 1812(b) (42 U.S.C. 1395d(b)) is
amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; or''; and
(3) by adding after paragraph (3) the following:
``(4) home health services furnished to the individual
beginning after such services have been furnished to the
individual for a total of 100 visits.''.
(c) Clarification of Part-Time or Intermittent Nursing Care.--
Section 1861(m) (42 U.S.C. 1395x(m)) is amended by adding at the end
the following: ``For purposes of paragraphs (1) and (4), the term
`part-time or intermittent services' means skilled nursing and home
health aide services furnished any number of days per week as long as
they are furnished (combined) less than 8 hours each day and 28 or
fewer hours each week (or, subject to review on a case-by-case basis as
to the need for care, less than 8 hours each day and 35 or fewer hours
per week). For purposes of sections 1814(a)(2)(C) and 1835(a)(2)(A),
`intermittent' means skilled nursing care that is either provided or
needed on fewer than 7 days each week, or less than 8 hours of each day
of skilled nursing and home health aide services combined for periods
of 21 days or less (with extensions in exceptional circumstances when
the need for additional care is finite and predictable).''.
(d) Payments Under Part B.--Subparagraph (A) of section 1833(a)(2)
(42 U.S.C. 1395l(a)(2)) is amended to read as follows:
``(A) with respect to home health services (other
than a covered osteoporosis drug (as defined in section
1861(kk)), and to items and services described in
section 1861(s)(10)(A), the amounts determined under
section 1861(v)(1)(L) or section 1893, or, if the
services are furnished by a public provider or
services, or by another provider which demonstrates to
the satisfaction of the Secretary that a significant
portion of its patients are low-income (and requests
that payment be made under this provision), free of
charge, or at nominal charges to the public, the amount
determined in accordance with section 1814(b)(2);''.
(e) Exclusion of Additional Part B Costs From Determination of Part
B Monthly Premium.--Section 1839(a) (42 U.S.C. 1395r(a)) is amended--
(1) in the second sentence of paragraph (3) (as amended by
section 11301(a) of this Act), by inserting ``(except as
provided in paragraph (5))'' before the period; and
(2) by adding after paragraph (4) the following:
``(5) Exclusion of home health costs.--In estimating (for
purposes of determining the monthly premium rate under
paragraph (3)) the benefits and administrative costs which will be
payable from the Federal Supplementary Medical Insurance Trust Fund for
a year, the Secretary shall exclude an estimate of any benefits and
administrative costs attributable to home health services for which
payment would have been made under part A during the year but for
paragraph (4) of section 1812(b).''.
(f) Definition of Homebound.--Section 1814(a) (42 U.S.C. 1395f(a))
and section 1835(a) (42 U.S.C. 1395n(a)) are each amended by adding the
following at the end: ``With respect to the previous two sentences, the
individual must have a condition due to an illness or injury that
restricts the individual's ability to leave the home for more than an
average of 16 hours per calendar month for purposes other than to
receive medical treatment that cannot be provided in the home;
infrequent means an average of 5 or fewer absences per calendar month,
excluding absences to receive medical treatment that cannot be
furnished in the home; short duration means an absence from the home of
3 or fewer hours, on average per absence, within a calendar month
excluding absences to receive medical treatment that cannot be
furnished in the home; and medical treatment means services that are
furnished by the physician or furnished based on and in conformance
with the physician's order, by or under the supervision of a licensed
health professional, and for the purpose of diagnosis or treatment of
an illness or injury.''.
(g) Normative Standards for Home Health Claims Denials.--Section
1862(a)(1) (42 U.S.C. 1395y(a)(1)) (as amended by section
11243(b)(2)(A) of this Act) is further amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) by striking the semicolon at the end of subparagraph
(G) and inserting ``, and''; and
(3) by adding the following after subparagraph (G):
``(H) the frequency and duration of home health
services which are in excess of normative guidelines
that the Secretary shall establish by regulation;''.
(h) Effective Date.--
(1) In general.--The amendments made by this section apply
to services furnished on or after October 1, 1997.
(2) Special rule.--If an individual is entitled to benefits
under part A of title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.), but is not enrolled in the insurance
program established by part B of that title, the individual
also shall be entitled under part A of that title to home
health services that are not posthospital home health services
(as those terms are defined under that title) furnished before
the 19th month that begins after the date of enactment of this
Act. | Home Health Care Prospective Payment Act - Amends title XVIII (Medicare) of the Social Security Act, with respect to the reasonable cost of home health services, to prohibit the Secretary of Health and Human Services, in establishing reasonable cost limits for cost reporting periods after FY 1997, from taking into account any changes in the home health market basket for cost reporting periods between July 1, 1994, and July 1, 1996 (thus providing for the recapture of savings from the temporary freeze on payments for home health services from 1994 to 1996 in updating home health costs limits for FY 1998 and subsequent fiscal years).
Reduces the reasonable cost limits for home health services after October 1, 1997, from 112 percent to 105 percent of the median of the labor-related and nonlabor per visit costs for freestanding home health agencies.
Provides for: (1) establishment of an interim prospective payment system (PPS) for home health services, with rates calculated according to a specified formula, beginning in FY 1998, with a permanent PPS beginning in FY 2000; (2) reimbursement of home health service costs on the basis of the geographic location where the service is furnished; (3) elimination of periodic interim payments for home health services upon implementation of a permanent PPS; (4) limitation of Medicare part A (Hospital Insurance) coverage of home health services to the first 100 visits following a hospital stay; (5) the definition of coverage of intermittent and part-time nursing care; (6) exclusion of home health service costs from the calculation of Medicare part B (Supplementary Medical Insurance) monthly premiums; (7) further definition of "homebound"; and (8) denial of claims for home health services in excess of normative standards for the frequency and duration of care. | {"src": "billsum_train", "title": "Home Health Care Prospective Payment Act"} | 3,764 | 364 | 0.629335 | 1.951854 | 0.739969 | 2.843478 | 9.365217 | 0.901449 |
SECTION 1. IMPRISONMENT OF CERTAIN VIOLENT FELONS.
Section 3559 of title 18, United States Code, is amended--
(1) in subsection (b), by striking ``An'' and inserting
``Except as provided in subsection (c), an'' in lieu thereof;
and
(2) by adding the following new subsection at the end:
``(c) Imprisonment of Certain Violent Felons.--
``(1) Mandatory life imprisonment.--Notwithstanding any
other provision of law, a person who is convicted in a court of
the United States of a serious violent felony shall be
sentenced to life imprisonment if--
``(A) the person has been convicted (and those
convictions have become final) on 2 or more prior
occasions in a court of the United States or of a State
of--
``(i) a serious violent felony; or
``(ii) one or more serious violent felonies
and one or more serious drug offenses; and
``(B) each serious violent felony or serious drug
offense used as a basis for sentencing under this
subsection, other than the first, was committed after
the defendant's conviction of the preceding serious
violent felony or serious drug offense.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `assault with intent to commit rape'
means an offense that has as its elements engaging in
physical conduct by which a person intentionally places
another person in fear of aggravated sexual abuse or
sexual abuse (as described in sections 2241 and 2242 of
this title);
``(B) the term `arson' means an offense that has as
its elements maliciously damaging or destroying any
building, inhabited structure, vehicle, vessel, or real
property by means of fire or an explosive;
``(C) the term `extortion' means an offense that
has as its elements the extraction of anything of value
from another person by threatening or placing that
person in fear of injury to any person or kidnapping of
any person;
``(D) the term `firearms use' means an offense that
has as its elements those described in section 924(c)
or 929(a) of this title, if the firearm was brandished,
discharged, or otherwise used as a weapon and the crime
of violence or drug trafficking crime during and
relation to which the firearm was used was subject to
prosecution in a court of the United States or a court
of a State, or both;
``(E) the term `kidnapping' means an offense that
has as its elements the abduction, restraining,
confining, or carrying away of another person by force
or threat of force;
``(F) the term `serious violent felony' means--
``(i) a Federal or State offense, by
whatever designation and wherever committed,
consisting of murder (as described in section
1111 of this title); manslaughter other than
involuntary manslaughter (as described in
section 1112 of this title); assault with
intent to commit murder (as described in
section 113(a) of this title); assault with
intent to commit rape; aggravated sexual abuse
and sexual abuse (as described in sections 2241
and 2242 of this title); abusive sexual contact
(as described in sections 2244(a)(1) and (a)(2)
of this title); kidnapping; aircraft piracy (as
described in section 902(i)(2) or 902(n)(2) of
the Federal Aviation Act of 1958); robbery (as
described in section 2111 of this title);
carjacking (as described in section 2119 of
this title); extortion; arson; firearms use; or
attempt, conspiracy, or solicitation to commit
any of the above offenses; or
``(ii) any other offense punishable by a
maximum term of imprisonment of 10 years or
more that has as an element the use, attempted
use, or threatened use of physical force
against the person of another or that, by its
nature, involves a substantial risk that
physical force against the person of another
may be used in the course of committing the
offense;
``(G) the term `State' means a State of the United
States, the District of Columbia, or any commonwealth,
territory, or possession of the United States; and
``(H) the term `serious drug offense' means--
``(i) an offense subject to a penalty
provided for in section 401(b)(1)(A) or 408 of
the Controlled Substances Act or section
1010(b)(1)(A) of the Controlled Substances
Import and Export Act; or
``(ii) an offense under State law that, had
the offense been prosecuted in a court of the
United States, would have been subject to a
penalty provided for in section 401(b)(1)(A) or
408 of the Controlled Substances Act or section
1010(b)(1)(A) of the Controlled Substances
Import and Export Act.
``(3) Nonqualifying felonies.--
``(A) Robbery in certain cases.--Robbery, an
attempt, conspiracy, or solicitation to commit robbery;
or an offense described in paragraph (2)(F)(ii) shall
not serve as a basis for sentencing under this
subsection if the defendant establishes by clear and
convincing evidence that--
``(i) no firearm or other dangerous weapon
was involved in the offense; and
``(ii) the offense did not result in death
or serious bodily injury (as defined in section
1365) to any person.
``(B) Arson in certain cases.--Arson shall not
serve as a basis for sentencing under this subsection
if the defendant establishes by clear and convincing
evidence that.--
``(i) the offense posed no threat to human
life; and
``(ii) the defendant reasonably believed
the offense posed no threat to human life.
``(4) Information filed by united states attorney.--The
provisions of section 411(a) of the Controlled Substances Act
(21 U.S.C. 851(a)) shall apply to the imposition of sentence
under this subsection.
``(5) Rule of construction.--This subsection shall not be
construed to preclude imposition of the death penalty.
``(6) Special Provision for Indian Country.--No person
subject to the criminal jurisdiction of an Indian tribal
government shall be subject to this subsection for any offense
for which Federal jurisdiction is solely predicated on Indian
country as defined in section 1151 of this title and which
occurs within the boundaries of such Indian country unless the
governing body of the tribe has elected that this subsection
have effect over land and persons subject to the criminal
jurisdiction of the tribe.
``(7) Resentencing upon overturning of prior conviction.--
If the conviction for a serious violent felony which was a
basis for sentencing under this subsection is found, pursuant
to any appropriate State or Federal procedure, to be
unconstitutional or is vitiated on the explicit basis of
innocence, or if the convicted person is pardoned on the
explicit basis of innocence, the person serving a sentence
imposed under this subsection shall be resentenced to any
sentence that was available at the time of the original
sentencing.''.
SEC. 2. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.
Section 3582(c)(1)(A) of title 18, United States Code, is amended--
(1) so that the margin of the matter starting with
``extraordinary'' and ending with ``reduction'' the first place
it appears is indented an additional 2-ems;
(2) by inserting a one-em dash after ``that'' the second
place it appears;
(3) by inserting a semicolon after ``reduction'' the first
place it appears;
(4) by indenting the first line of the matter referred to
in paragraph (1) and designating that matter as clause (i); and
(5) by inserting after such matter the following:
``(ii) the defendant is at least 70 years
of age, has served at least 30 years in prison,
pursuant to a sentence imposed under section
3559(c) of this title, for the offense or
offenses for which the defendant is currently
imprisoned, and a determination has been made
by the Director of the Bureau of Prisons that
the defendant is not a danger to the safety of
any other person or the community, as provided
under section 3142(g) of this title;''. | Amends the Federal criminal code to require that a person convicted in a Federal court of a serious violent felony be sentenced to life imprisonment if: (1) the person has been convicted on two or more prior occasions in a Federal or State court of a serious violent felony or of one or more serious violent felonies and one or more serious drug offenses; and (2) each such offense, other than the first, was committed after the defendant's conviction of the preceding offense.
Lists nonqualifying felonies, including: (1) robbery, or an attempt, conspiracy, or solicitation to commit robbery, if the defendant establishes by clear and convincing evidence that no firearm or other dangerous weapon was involved in the offense and that the offense did not result in death or serious bodily injury to any person; and (2) arson, if the defendant establishes that the offense posed no threat to human life and that the defendant reasonably believed the offense posed no such threat.
Makes provisions of the Controlled Substances Act regarding information filed by the U.S. Attorney in proceedings to establish previous convictions applicable to the imposition of sentence under this Act.
Specifies that: (1) this Act shall not be construed to preclude imposition of the death penalty; (2) no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to the foregoing provisions for any offense for which Federal jurisdiction is solely predicated on, and which occurs within the boundaries of, Indian country, unless the governing body of the tribe has elected that such provisions have effect over land and persons subject to the tribe's criminal jurisdiction; and (3) if the conviction for a serious violent felony which was a basis for such sentencing is found to be unconstitutional or is vitiated on the explicit basis of innocence, or if the convicted person is pardoned on that basis, the person shall be resentenced to any sentence that was available at the time of the original sentencing.
Limits the authority of the Bureau of Prisons to modify a term of imprisonment in extraordinary cases to situations where the defendant is at least 70 years of age and has served at least 30 years in prison pursuant to a sentence imposed under this Act for the offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community. | {"src": "billsum_train", "title": "To provide mandatory life imprisonment for persons convicted of a third violent felony."} | 1,963 | 547 | 0.583741 | 1.895598 | 0.767367 | 4.972163 | 3.691649 | 0.942184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fallen Heroes of 9/11 Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds that--
(1) since September 11, 2001, the United States has been
engaged in a war different from any other in our Nation's
history;
(2) in the eyes of the terrorists, we are all the enemy,
and the term ``innocent civilian'' has no meaning for such
terrorists;
(3) the deaths by airplane at the World Trade Center, at
the Pentagon, and in rural Pennsylvania represent an escalation
of direct terrorist attacks on civilians;
(4) the officers, emergency workers, and other employees of
State and local government agencies, including the Port
Authority of New York and New Jersey, and of the United States
Government and others, who responded to the attacks on the
World Trade Center in New York City and perished as a result of
the tragic events of September 11, 2001 (including those who
are missing and presumed dead), took heroic and noble action on
that day;
(5) the passengers and crew of United Airlines Flight 93,
recognizing the potential danger that the aircraft that they
were aboard posed to large numbers of innocent Americans,
American institutions, and the symbols of American democracy,
took heroic and noble action to ensure that the aircraft could
not be used as a weapon; and
(6) given the unprecedented nature of the attacks against
the United States of America and the need to properly
demonstrate the support of the country for the victims of
terrorism, it is fitting that their sacrifice be recognized
with the award of an appropriate medal.
SEC. 3. FALLEN HEROES OF 9/11 CONGRESSIONAL MEDALS.
(a) Presentation Authorized.--The President may present on behalf
of Congress, to the personal representative or next of kin of each
individual referred to in subsection (c), a medal of appropriate
design, as described in subsection (b)(1), such medals to be known as
``Fallen Heroes of 9/11 Congressional Medals'', in recognition of the
sacrifice made by each such individual, and to honor their deaths on
and following September 11, 2001.
(b) Design and Striking.--
(1) In general.--For purposes of the presentations referred
to in subsection (a), the Secretary of the Treasury (in this
Act referred to as the ``Secretary'') shall strike 3 medals, of
such content and with such suitable emblems, devices, and
inscriptions as the Secretary determines to be appropriate to
be representative of and in honor of, respectively--
(A) victims of the attack at the World Trade
Center, including civilians, public safety officers,
emergency workers, and hijack victims;
(B) victims aboard United Airlines Flight 93 that
crashed in Pennsylvania; and
(C) victims at the Pentagon, including the hijack
victims.
(2) Consultation.--Before making a final determination with
respect to the design of the medal under this subsection, the
Secretary shall consult with the Secretary of Defense and such
other parties as the Secretary may determine to be appropriate.
(c) Eligibility To Receive Medal.--
(1) In general.--Any individual who died on or after
September 11, 2001, as a direct result of the act of terrorism
within the United States on that date, shall be eligible for a
medal referred to in subsection (a).
(2) Determination.--Eligibility under paragraph (1) shall
be determined by the Secretary, in consultation with such other
officers of the United States Government and State and local
officials as the Secretary determines to be appropriate.
(3) Terrorism defined.--For purposes of this section and
section 4, the term ``act of terrorism'' means the
premeditated, politically motivated violence perpetrated
against the United States on September 11, 2001.
SEC. 4. DUPLICATE MEDALS.
(a) Recipients of Duplicate Medals.--The Secretary shall strike
duplicates of the medals struck pursuant to section 3 for presentation
to each precinct house, firehouse, emergency response station, or other
duty station or place of employment to which each person referred to in
subsection (b) of this section was assigned on September 11, 2001, for
permanent display in each such place in a manner befitting the memory
of such person.
(b) Public Safety, Emergency, and Other Workers--Persons referred
to in this subsection are officers, emergency workers, and other
employees of State and local government agencies, including the Port
Authority of New York and New Jersey, and of the United States
Government and others, who responded to the attacks on the World Trade
Center in New York City on September 11, 2001, and perished as a direct
result of that act of terrorism (including those who are missing and
presumed dead).
SEC. 5. ESTABLISHMENT OF LISTS OF RECIPIENTS.
(a) Initial Lists.--Before the end of the 120-day period beginning
on the date of enactment of this Act, the Secretary shall establish--
(1) a list of the names of individuals eligible to receive
a medal under section 3, as described in section 3(c)(1),
during the period beginning on September 11, 2001, and ending
on the date of enactment of this Act; and
(2) a list of the eligible recipients of a duplicate medal
under section 4.
(b) Subsequent Eligibility.--If any individual becomes eligible for
a medal, as described in section 3(c)(1), or any other recipient
becomes eligible for a duplicate medal, as described in section 4, the
Secretary shall promptly add the name of that individual or recipient
to the appropriate list established pursuant to subsection (a).
SEC. 6. SALES TO THE PUBLIC TO DEFRAY COSTS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates of the medals struck under
this Act, at a price sufficient to cover the costs of the medals
(including labor, materials, dies, use of machinery, and overhead
expenses).
SEC. 7. NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code. | Fallen Heroes of 9/11 Act - Authorizes the President to present to the personal representative or next of kin of each individual who died on or after September 11, 2001, as a direct result of the act of terrorism within the United States on that date, a Fallen Heroes of 9/11 Congressional Medal in recognition of their sacrifice and to honor their deaths.Directs the Secretary of the Treasury to strike: (1) three medals to honor victims of the attack at the World Trade Center (WTC), victims aboard United Airlines Flight 93 that crashed in Pennsylvania, and victims at the Pentagon; and (2) duplicate medals for presentation to each precinct house, firehouse, emergency response station, or other duty station or place of employment to which officers, emergency workers, and other employees of the U.S. Government and of State and local government agencies (including the Port Authority of New York and New Jersey) and others who responded to and perished as a direct result of the WTC attacks were assigned on September 11, 2001. | {"src": "billsum_train", "title": "A bill to provide for a medal of appropriate design to be awarded by the President to the next of kin or other representative of those individuals killed as a result of the terrorist attacks of September 11, 2001."} | 1,347 | 216 | 0.63332 | 1.960534 | 0.974118 | 6.127551 | 6.479592 | 0.964286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Indian Transportation
Improvement Act of 1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Federal Government has a responsibility to promote
the general welfare of the United States by supporting
interstate, national, and international commerce through the
use of Federal resources to assist States, Indian tribes, and
local governments in the development and maintenance of
physical infrastructure, including roads, highways, byways,
bridges, and other transportation-related structures;
(2) there exists a unique legal and political relationship
between the United States and tribal governments and a unique
Federal responsibility to American Indians and Alaska Natives;
(3) under law and practice, the United States has
undertaken a trust responsibility to protect and preserve
Indian tribes, Indians, and tribal assets and resources;
(4) this Federal responsibility includes working with
tribal governments and their members to improve the condition
of the physical infrastructure used by tribes for their
economic well-being;
(5) the demonstrated need for improvements to physical
infrastructure on Indian land is acute, and the Federal
Government should assist in making the improvements and in
developing tribal and private mechanisms to achieve the goals
of economic self-sufficiency and political self-determination;
(6)(A) Indian tribes of the United States are served by
over 50,000 miles of roads nationwide;
(B) the road system of the Bureau of Indian Affairs
constitutes about 21,000 miles, or 42 percent, of roads serving
Indian tribes;
(C) State and county roads make up the largest percentage,
about 49 percent, of roads serving Indian tribes; and
(D) tribal roads account for approximately 5 percent, and
private and Federal roads (other than Bureau of Indian Affairs
roads) make up the small balance of approximately 4 percent, of
roads serving Indian tribes;
(7)(A) the Indian reservation roads program established
under the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240) is targeted at the Bureau of Indian
Affairs road system that constitutes less than \1/2\ of the
total mileage of roads on Indian reservations in the United
States;
(B) only 11 percent of the Bureau of Indian Affairs roads
are rated as being in good condition; and
(C) of the unpaved Bureau of Indian Affairs roads, 90
percent are known to be in poor condition and none of the
unpaved roads are rated as being in good condition;
(8)(A) annual funding of the Indian reservation roads
program, through the Highway Trust Fund, as authorized by the
Intermodal Surface Transportation Efficiency Act of 1991, has become
the major source of funding for new road construction on Indian land in
the United States;
(B) the Bureau of Indian Affairs road construction budget
has virtually vanished; and
(C) the Bureau of Indian Affairs continues to provide
minimal funding of about $25,000,000 per fiscal year for road
maintenance of its road system;
(9)(A) in the late 1950's, Bureau of Indian Affairs road
construction and maintenance funding reached a high of
$10,000,000 per fiscal year for the first time in history;
(B) by 1979, Bureau of Indian Affairs road budgets for
construction and maintenance reached their peak of almost
$80,000,000 per fiscal year, and then declined rapidly;
(C) in the Surface Transportation Assistance Act of 1982
(Public Law 97-424), the funding levels for the Indian
reservation roads program stabilized at about $100,000,000
through the Highway Trust Fund for each of fiscal years 1984
through 1986;
(D) the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (Public Law 100-17) reduced the annual
Highway Trust Fund authorization to $80,000,000 for each of
fiscal years 1987 through 1991; and
(E) in almost every fiscal year since fiscal year 1992, the
Indian reservation roads program has been funded at
$191,000,000 per fiscal year;
(10)(A) Indian reservation roads are needed to support
economic development activities, education, health, and
virtually every aspect of reservation life; and
(B) some of the most scenic highways in the United States
are on Indian reservations;
(11)(A) at current and historic levels of funding, Indian
road conditions continue to fall behind national standards; and
(B) to help alleviate some of the poor transportation
conditions on Indian reservations in the United States, there
is a need to increase the level of funding, from the Highway
Trust Fund, for the Indian reservation roads program to
$300,000,000 per fiscal year, from the current level of
$191,000,000 per fiscal year; and
(12) Federal assistance described in this section should be
provided in a manner that recognizes the rights of Indian self-
determination and self-governance by providing the assistance,
to the maximum extent practicable, directly to Indian tribal
governments.
SEC. 3. INDIAN RESERVATION ROADS.
(a) In General.--Section 1003(a)(6)(A) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat.
1919) is amended--
(1) by striking ``1992 and'' and inserting ``1992,''; and
(2) by inserting before the period at the end the
following: ``, $250,000,000 for fiscal year 1998, $275,000,000
for fiscal year 1999, and $300,000,000 for each of fiscal years
2000 through 2002''.
(b) Mass Transportation Services.--Section 1032(d) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 202
note; 105 Stat. 1975) is amended by inserting before the period at the
end the following: ``and not more than 3 percent of the funds allocated
for Indian reservation roads for a fiscal year may be used for
providing mass transportation services to Indian tribes''.
(c) Maintenance.--Section 204(b) of title 23, United States Code,
is amended in the second sentence by inserting before the period at the
end the following: ``and, in the case of Indian reservation roads,
maintenance thereof''.
SEC. 4. APPORTIONMENT ADJUSTMENTS.
Section 1015 of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943) is amended--
(1) by striking ``1997'' each place it appears and
inserting ``2002''; and
(2) in subsection (a)(1), by inserting after ``Federal
lands highways program'' the following: ``(other than funds for
a public land highway constructed on an Indian reservation)''.
SEC. 5. SCENIC BYWAYS PROGRAM.
Section 1047 of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1996) is amended--
(1) in subsection (b)--
(A) by inserting ``and Indian tribes'' after ``the
States'' each place it appears;
(B) by striking ``term is'' and inserting ``terms
are''; and
(C) by inserting ``or Indian tribe'' after
``State'';
(2) in subsection (c), by inserting ``or Indian tribe''
after ``State''; and
(3) in subsection (d)--
(A) in the first sentence--
(i) by striking ``There'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), there''; and
(ii) by striking ``1995, 1996, and 1997''
and inserting ``1995 through 2002''; and
(B) by adding at the end the following:
``(2) Indian tribes.--Not less than 1 percent of the funds
made available to the Secretary for a fiscal year under
paragraph (1) shall be used by the Secretary to make
competitive grants to Indian tribes for the planning, design,
and development of Indian tribe scenic byway programs.''.
SEC. 6. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended by
inserting after the undesignated paragraph defining ``Indian
reservation roads'' the following:
``The term `Indian tribal transportation department' means the
department, commission, board, or member of an Indian tribe that is
charged by its laws with the responsibility for highway construction.
``The term `Indian tribe' has the meaning given the term in section
4 of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).''.
SEC. 7. CERTIFICATION ACCEPTANCE.
Section 117(a) of title 23, United States Code, is amended--
(1) by inserting ``or Indian tribe'' after ``any State''
each place it appears;
(2) by inserting ``or Indian tribal transportation
department'' after ``State highway department''; and
(3) by inserting ``or tribal'' after ``with State''.
SEC. 8. TRANSPORTATION ENHANCEMENT ACTIVITIES.
Section 133(d)(2) of title 23, United States Code, is amended--
(1) by striking ``10 percent'' and inserting the following:
``(A) In general.--Subject to subparagraph (B), 10
percent''; and
(2) by adding at the end the following:
``(B) Indian tribes.--Not less than 1 percent of
the funds made available to a State for a fiscal year
under subparagraph (A) shall be transferred to, and used by, the
Secretary to make competitive grants to Indian tribes for
transportation enhancement activities.''.
SEC. 9. INDIAN RESERVATION BRIDGES.
Section 144(g) of title 23, United States Code, is amended by
striking paragraph (4) and inserting the following:
``(4) Indian reservation bridges.--Notwithstanding
subsection (e), an amount equal to 1 percent of the highway
bridge replacement and rehabilitation program funds available
to be apportioned to States under this section shall be
allocated to the Secretary for projects to replace,
rehabilitate, paint, or apply calcium magnesium acetate to
highway bridges that are part of the Indian reservation road
system, with priority given to bridges with the highest level
of deficiency (as determined in accordance with the National
Bridge Inspection Standards of the Bureau of Indian
Affairs).''.
SEC. 10. INDIAN TECHNICAL CENTERS.
Section 326(c) of title 23, United States Code, is amended in the
second sentence--
(1) by striking ``$6,000,000 per fiscal year for each of
the fiscal years 1992, 1993, 1994, 1995, 1996, and 1997'' and
inserting ``$10,800,000 for each of fiscal years 1992 through
2002''; and
(2) by inserting before the period at the end the
following: ``and including at least $1,000,000 per fiscal year
for each of the Indian technical centers established under
subsection (b)''.
SEC. 11. HIGHWAY SAFETY PROGRAMS.
Section 402(i) of title 23, United States Code, is amended--
(1) by striking ``and `political subdivision of a State'
includes'' and inserting ``and''; and
(2) in the first proviso, by striking ``to the Secretary of
the Interior'' and inserting ``for Indian tribes''.
SEC. 12. MASS TRANSIT SET-ASIDE.
Section 5338(h) of title 49, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``and''; and
(3) by adding at the end the following:
``(4) not less than 1.0 percent is available for
transportation services to Indian tribes--
``(A) under an allocation formula, which shall be
established by the Secretary of Transportation through
negotiations with Indian tribes; and
``(B) with respect to any fiscal year commencing
before the formula is established under subparagraph
(A), under an allocation formula established by the
Administrator of the Federal Transit Administration of
the Department of Transportation.''. | American Indian Transportation Improvement Act of 1997 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to: (1) extend and increase through FY 2002 the authorization of appropriations for Indian reservation roads under the Federal lands highway program; (2) permit up to three percent of the funds allocated for Indian reservation roads for a fiscal year to be used for providing mass transportation services to Indian tribes; and (3) exclude funds made available under the Federal lands highway program for a public land highway constructed on an Indian reservation from the apportionment adjustments, hold harmless provisions.
(Sec. 5) Revises requirements regarding the scenic byway programs to: (1) require the Secretary of Transportation to provide technical assistance and make grants to Indian tribes for the planning and development of Indian tribe scenic byway programs; (2) provide for a Federal share of 80 percent for the costs of planning and development of Indian tribe scenic byway programs; and (3) extend such programs through FY 2002, requiring that not less than one percent of funds made available for a fiscal year be used to make competitive grants to Indian tribes for the planning and development of Indian tribe scenic byway programs.
(Sec. 6) Amends Federal law concerning highways to define the terms: (1) "Indian tribal transportation department"; and (2) "Indian tribe."
(Sec. 7) Revises the requirement regarding acceptance by the Secretary of certification relating to certain highway or other transportation construction projects to include Indian tribes.
(Sec. 8) Revises the requirement regarding the allocation of apportioned funds for highway safety programs to require that not less than one percent of the ten percent of funds made available to a State under the surface transportation program for transportation enhancement activities for a fiscal year be transferred to, and used by, the Secretary to make competitive grants to Indian tribes for transportation enhancement activities.
(Sec. 9) Repeals requirements regarding set asides for Indian reservation bridges under the highway bridge replacement and rehabilitation program. Replaces them with a requirement providing for an amount equal to one percent of the highway bridge replacement and rehabilitation program funds available to be apportioned to States, to be allocated to the Secretary for projects to replace, rehabilitate, paint, or apply calcium magnesium acetate to highway bridges that are part of the Indian reservation road system, with priority given to bridges with the highest level of deficiency.
(Sec. 10) Revises the requirement with respect to the set aside for technical assistance centers to: (1) extend and increase through FY 2002 the amount of funding set aside for technical and financial support for such centers; and (2) require that the set aside amount include at least $1 million per fiscal year for each of the Indian technical centers established.
(Sec. 11) Revises requirements relating to highway safety programs to: (1) remove reference to "political subdivision of a State" with respect to the application of the requirements on Indian reservations; and (2) require that 95 percent of funds for highway safety programs on Indian reservations be apportioned to Indian tribes (currently such funds are apportioned to the Secretary of the Interior).
(Sec. 12) Amends Federal law concerning transportation to revise the requirement relating to the set-asides from the Mass Transit Account of the Highway Trust Fund to require that not less than one percent is available for transportation services to Indian tribes: (1) under an allocation formula, to be established by the Secretary through negotiations with Indian tribes; and (2) with respect to any fiscal year commencing before the formula is established, under an allocation formula established by the Administrator of the Federal Transit Administration. | {"src": "billsum_train", "title": "American Indian Transportation Improvement Act of 1997"} | 2,625 | 780 | 0.563487 | 1.790934 | 0.567701 | 3.535664 | 3.495105 | 0.878322 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense Civilian
Workforce Realignment Act of 2000''.
SEC. 2. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS IN REDUCTIONS
IN FORCE.
Section 3502(f)(5) of title 5, United States Code, is amended by
striking ``September 30, 2001'' and inserting ``September 30, 2005''.
SEC. 3. EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES FOR USE OF
VOLUNTARY SEPARATION INCENTIVE PAY AND VOLUNTARY EARLY
RETIREMENT.
(a) Extension of Authority.--Subsection (e) of section 5597 of
title 5, United States Code, is amended by striking ``September 30,
2003'' and inserting ``September 30, 2005''.
(b) Revision and Addition of Purposes for Department of Defense
VSIP.--Subsection (b) of such section is amended by inserting after
``transfer of function,'' the following: ``restructuring of the
workforce (to meet mission needs, to achieve one or more strength
reductions, to correct skill imbalances, or to reduce the number of
high-grade, managerial, or supervisory positions),''.
(c) Installment Payments.--Subsection (d) of such section is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) shall be paid in a lump-sum or in installments;'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(4) by adding at the end the following:
``(5) if paid in installments, shall cease to be paid upon
the recipient's acceptance of employment by the Federal
Government as described in subsection (g)(1).''.
SEC. 4. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY RETIREMENT
AUTHORITY.
(a) Civil Service Retirement System.--Section 8336 of title 5,
United States Code, is amended--
(1) in subsection (d)(2), by inserting ``except in the case
of an employee described in subsection (o)(1),'' after ``(2)'';
and
(2) by adding at the end the following:
``(o)(1) An employee of the Department of Defense who, before
October 1, 2005, is separated from the service after completing 25
years of service or after becoming 50 years of age and completing 20
years of service is entitled to an immediate annuity under this
subchapter if the employee is eligible for the annuity under paragraph
(2) or (3).
``(2)(A) An employee referred to in paragraph (1) is eligible for
an immediate annuity under this paragraph if the employee--
``(i) is separated from the service involuntarily other
than for cause; and
``(ii) has not declined a reasonable offer of another
position in the Department of Defense for which the employee is
qualified, which is not lower than 2 grades (or pay levels)
below the employee's grade (or pay level), and which is within
the employee's commuting area.
``(B) For the purposes of paragraph (2)(A)(i), a separation for
failure to accept a directed reassignment to a position outside the
commuting area of the employee concerned or to accompany a position
outside of such area pursuant to a transfer of function may not be
considered to be a removal for cause.
``(3) An employee referred to in paragraph (1) is eligible for an
immediate annuity under this paragraph if the employee satisfies all of
the following conditions:
``(A) The employee is separated from the service
voluntarily during a period in which the organization within
the Department of Defense in which the employee is serving is
undergoing a major organizational adjustment, as determined by
the Secretary of Defense.
``(B) The employee has been employed continuously by the
Department of Defense for more than 30 days before the date on
which the head of the employee's organization requests the
determinations required under subparagraph (A).
``(C) The employee is serving under an appointment that is
not limited by time.
``(D) The employee is not in receipt of a decision notice
of involuntary separation for misconduct or unacceptable
performance.
``(E) The employee is within the scope of an offer of
voluntary early retirement, as defined on the basis of one or
more of the following objective criteria:
``(i) One or more organizational units.
``(ii) One or more occupational groups, series, or
levels.
``(iii) One or more geographical locations.
``(iv) Any other similar criteria that the
Secretary of Defense determines appropriate.
``(4) The determinations necessary for establishing the eligibility
of a person for an immediate annuity under paragraph (2) or (3) shall
be made in accordance with regulations prescribed by the Secretary of
Defense.
``(5) In this subsection, the term `major organizational
adjustment' means any of the following:
``(A) A major reorganization.
``(B) A major reduction in force.
``(C) A major transfer of function.
``(D) A workforce restructuring--
``(i) to meet mission needs;
``(ii) to achieve one or more reductions in
strength;
``(iii) to correct skill imbalances; or
``(iv) to reduce the number of high-grade,
managerial, supervisory, or similar positions.''.
(b) Federal Employees' Retirement System.--Section 8414 of such
title is amended--
(1) in subsection (b)(1)(B), by inserting ``except in the
case of an employee described in subsection (d)(1),'' after
``(B)''; and
(2) by adding at the end the following:
``(d)(1) An employee of the Department of Defense who, before
October 1, 2005, is separated from the service after completing 25
years of service or after becoming 50 years of age and completing 20
years of service is entitled to an immediate annuity under this
subchapter if the employee is eligible for the annuity under paragraph
(2) or (3).
``(2)(A) An employee referred to in paragraph (1) is eligible for
an immediate annuity under this paragraph if the employee--
``(i) is separated from the service involuntarily other
than for cause; and
``(ii) has not declined a reasonable offer of another
position in the Department of Defense for which the employee is
qualified, which is not lower than 2 grades (or pay levels)
below the employee's grade (or pay level), and which is within
the employee's commuting area.
``(B) For the purposes of paragraph (2)(A)(i), a separation for
failure to accept a directed reassignment to a position outside the
commuting area of the employee concerned or to accompany a position
outside of such area pursuant to a transfer of function may not be
considered to be a removal for cause.
``(3) An employee referred to in paragraph (1) is eligible for an
immediate annuity under this paragraph if the employee satisfies all of
the following conditions:
``(A) The employee is separated from the service
voluntarily during a period in which the organization within
the Department of Defense in which the employee is serving is
undergoing a major organizational adjustment, as determined by
the Secretary of Defense.
``(B) The employee has been employed continuously by the
Department of Defense for more than 30 days before the date on
which the head of the employee's organization requests the
determinations required under subparagraph (A).
``(C) The employee is serving under an appointment that is
not limited by time.
``(D) The employee is not in receipt of a decision notice
of involuntary separation for misconduct or unacceptable
performance.
``(E) The employee is within the scope of an offer of
voluntary early retirement, as defined on the basis of one or
more of the following objective criteria:
``(i) One or more organizational units.
``(ii) One or more occupational groups, series, or
levels.
``(iii) One or more geographical locations.
``(iv) Any other similar criteria that the
Secretary of Defense determines appropriate.
``(4) The determinations necessary for establishing the eligibility
of a person for an immediate annuity under paragraph (2) or (3) shall
be made in accordance with regulations prescribed by the Secretary of
Defense.
``(5) In this subsection, the term `major organizational
adjustment' means any of the following:
``(A) A major reorganization.
``(B) A major reduction in force.
``(C) A major transfer of function.
``(D) A workforce restructuring--
``(i) to meet mission needs;
``(ii) to achieve one or more reductions in
strength;
``(iii) to correct skill imbalances; or
``(iv) to reduce the number of high-grade,
managerial, supervisory, or similar positions.''.
(c) Conforming Amendments.--(1) Section 8339(h) of such title is
amended by striking out ``or (j)'' in the first sentence and inserting
``(j), or (o)''.
(2) Section 8464(a)(1)(A)(i) of such title is amended by striking
out ``or (b)(1)(B)'' and ``, (b)(1)(B), or (d)''.
(d) Effective Date; Applicability.--The amendments made by this
section--
(1) shall take effect on October 1, 2000; and
(2) shall apply with respect to an approval for voluntary
early retirement made on or after that date.
SEC. 5. RESTRICTIONS ON PAYMENTS FOR ACADEMIC TRAINING.
(a) Sources of Postsecondary Education.--Subsection (a) of section
4107 of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) any course of postsecondary education that is
administered or conducted by an institution not accredited by a
national or regional accrediting body (except in the case of a
course or institution for which standards for accrediting do
not exist or are determined by the head of the employee's
agency as being inappropriate), regardless of whether the
course is provided by means of classroom instruction,
electronic instruction, or otherwise.''.
(b) Waiver of Restriction on Degree Training.--Subsection (b)(1) of
such section is amended by striking ``if necessary'' and all that
follows through the end and inserting ``if the training provides an
opportunity for an employee of the agency to obtain an academic degree
pursuant to a planned, systematic, and coordinated program of
professional development approved by the head of the agency.''.
(c) Conforming and Clerical Amendments.--The heading for such
section is amended to read as follows:
``Sec. 4107. Restrictions''.
(3) The item relating to such section in the table of sections at
the beginning of chapter 41 of title 5, United States Code, is amended
to read as follows:
``4107. Restrictions.''.
SEC. 6. STRATEGIC PLAN.
(a) Requirement for Plan.--Not later than six months after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the appropriate committees of Congress a strategic plan for the
exercise of the authorities provided or extended by the amendments made
by this Act. The plan shall include an estimate of the number of
Department of Defense employees that would be affected by the uses of
authorities as described in the plan.
(b) Consistency With DoD Performance and Review Strategic Plan.--
The strategic plan submitted under subsection (a) shall be consistent
with the strategic plan of the Department of Defense that is in effect
under section 306 of title 5, United States Code.
(c) Appropriate Committees.--For the purposes of this section, the
appropriate committees of Congress are as follows:
(1) The Committee on Armed Services and the Committee on
Governmental Affairs of the Senate.
(2) The Committee on Armed Services and the Committee on
Government Reform of the House of Representatives.
``(C) A major transfer of function.
``(D) A workforce restructuring--
``(i) to meet mission needs;
``(ii) to achieve one or more reductions in
strength;
``(iii) to correct skill imbalances; or
``(iv) to reduce the number of high-grade,
managerial, supervisory, or similar positions.''.
(c) Conforming Amendments.--(1) Section 8339(h) of such title is
amended by striking out ``or (j)'' in the first sentence and inserting
``(j), or (o)''.
(2) Section 8464(a)(1)(A)(i) of such title is amended by striking
out ``or (b)(1)(B)'' and ``, (b)(1)(B), or (d)''.
(d) Effective Date; Applicability.--The amendments made by this
section--
(1) shall take effect on October 1, 2000; and
(2) shall apply with respect to an approval for voluntary
early retirement made on or after that date.
SEC. 5. RESTRICTIONS ON PAYMENTS FOR ACADEMIC TRAINING.
(a) Sources of Postsecondary Education.--Subsection (a) of section
4107 of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) any course of postsecondary education that is
administered or conducted by an institution not accredited by a
national or regional accrediting body (except in the case of a
course or institution for which standards for accrediting do
not exist or are determined by the head of the employee's
agency as being inappropriate), regardless of whether the
course is provided by means of classroom instruction,
electronic instruction, or otherwise.''.
(b) Waiver of Restriction on Degree Training.--Subsection (b)(1) of
such section is amended by striking ``if necessary'' and all that
follows through the end and inserting ``if the training provides an
opportunity for an employee of the agency to obtain an academic degree
pursuant to a planned, systematic, and coordinated program of
professional development approved by the head of the agency.''.
(c) Conforming and Clerical Amendments.--The heading for such
section is amended to read as follows:
``Sec. 4107. Restrictions''.
(3) The item relating to such section in the table of sections at
the beginning of chapter 41 of title 5, United States Code, is amended
to read as follows:
``4107. Restrictions.''.
SEC. 6. STRATEGIC PLAN.
(a) Requirement for Plan.--Not later than six months after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the appropriate committees of Congress a strategic plan for the
exercise of the authorities provided or extended by the amendments made
by this Act. The plan shall include an estimate of the number of
Department of Defense employees that would be affected by the uses of
authorities as described in the plan.
(b) Consistency With DoD Performance and Review Strategic Plan.--
The strategic plan submitted under subsection (a) shall be consistent
with the strategic plan of the Department of Defense that is in effect
under section 306 of title 5, United States Code.
(c) Appropriate Committees.--For the purposes of this section, the
appropriate committees of Congress are as follows:
(1) The Committee on Armed Services and the Committee on
Governmental Affairs of the Senate.
(2) The Committee on Armed Services and the Committee on
Government Reform of the House of Representatives. | (Sec. 3) Amends Federal provisions concerning the use of voluntary separation incentive pay and voluntary early retirement authority to: (1) extend the voluntary separation pay authority through FY 2005; (2) add as a purpose of the voluntary separation incentive program the restructuring of the defense workforce for various purposes; (3) allow separation pay to be paid in either a lump-sum (current law) or installments; and (4) require termination of incentive pay installments when a person accepts other employment with the Federal Government.
(Sec. 4) Amends the Civil Service Retirement System and the Federal Employees' Retirement System to entitle to an immediate annuity a DOD employee who, before October 1, 2005, is separated from service after completing 25 years of service or after becoming 50 years of age and completing 20 years of service, as long as such employee: (1) is separated involuntarily other than for cause; and (2) has not declined a reasonable offer of another DOD position which is not lower than two grades below their former grade, and is within the employee's commuting area. Provides related eligibility conditions, including that the employee is separated from service during a major DOD organizational adjustment.
(Sec. 5) States that a Federal program for providing employee training shall not include any course of postsecondary education that is administered or conducted by an institution not accredited by a national or regional accrediting body. Allows coverage for training toward an academic degree if the training provides an opportunity to obtain an academic degree pursuant to a planned, systematic, and coordinated program of professional development approved by the head of that agency.
(Sec. 6) Directs the Secretary of Defense to submit to the congressional defense, governmental affairs, and government reform committees a strategic plan for exercising the authorities provided or extended by this Act. | {"src": "billsum_train", "title": "Department of Defense Civilian Workforce Realignment Act of 2000"} | 3,658 | 393 | 0.58669 | 1.861021 | 0.709239 | 3.714689 | 9.646893 | 0.90678 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Cooperative Federalism
Act of 2013''.
SEC. 2. STATE WATER QUALITY STANDARDS.
(a) State Water Quality Standards.--Section 303(c)(4) of the
Federal Water Pollution Control Act (33 U.S.C. 1313(c)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``(4)'' and inserting ``(4)(A)'';
(3) by striking ``The Administrator shall promulgate'' and
inserting the following:
``(B) The Administrator shall promulgate''; and
(4) by adding at the end the following:
``(C) Notwithstanding subparagraph (A)(ii), the Administrator may
not promulgate a revised or new standard for a pollutant in any case in
which the State has submitted to the Administrator and the
Administrator has approved a water quality standard for that pollutant,
unless the State concurs with the Administrator's determination that
the revised or new standard is necessary to meet the requirements of
this Act.''.
(b) Federal Licenses and Permits.--Section 401(a) of such Act (33
U.S.C. 1341(a)) is amended by adding at the end the following:
``(7) With respect to any discharge, if a State or interstate
agency having jurisdiction over the navigable waters at the point where
the discharge originates or will originate determines under paragraph
(1) that the discharge will comply with the applicable provisions of
sections 301, 302, 303, 306, and 307, the Administrator may not take
any action to supersede the determination.''.
(c) State NPDES Permit Programs.--Section 402(c) of such Act (42
U.S.C. 1342(c)) is amended by adding at the end the following:
``(5) Limitation on authority of administrator to withdraw
approval of state programs.--The Administrator may not withdraw
approval of a State program under paragraph (3) or (4), or
limit Federal financial assistance for the State program, on
the basis that the Administrator disagrees with the State
regarding--
``(A) the implementation of any water quality
standard that has been adopted by the State and
approved by the Administrator under section 303(c); or
``(B) the implementation of any Federal guidance
that directs the interpretation of the State's water
quality standards.''.
(d) Limitation on Authority of Administrator To Object to
Individual Permits.--Section 402(d) of such Act (33 U.S.C. 1342(d)) is
amended by adding at the end the following:
``(5) The Administrator may not object under paragraph (2) to the
issuance of a permit by a State on the basis of--
``(A) the Administrator's interpretation of a water quality
standard that has been adopted by the State and approved by the
Administrator under section 303(c); or
``(B) the implementation of any Federal guidance that
directs the interpretation of the State's water quality
standards.''.
SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL.
(a) Authority of EPA Administrator.--Section 404(c) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(c)) is amended--
(1) by striking ``(c)'' and inserting ``(c)(1)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) shall not apply to any permit if the State in
which the discharge originates or will originate does not concur with
the Administrator's determination that the discharge will result in an
unacceptable adverse effect as described in paragraph (1).''.
(b) State Permit Programs.--The first sentence of section 404(g)(1)
of such Act (33 U.S.C. 1344(g)(1)) is amended by striking ``The
Governor of any State desiring to administer its own individual and
general permit program for the discharge'' and inserting ``The Governor
of any State desiring to administer its own individual and general
permit program for some or all of the discharges''.
SEC. 4. DEADLINES FOR AGENCY COMMENTS.
Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) is amended--
(1) in subsection (m) by striking ``ninetieth day'' and
inserting ``30th day (or the 60th day if additional time is
requested)''; and
(2) in subsection (q)--
(A) by striking ``(q)'' and inserting ``(q)(1)'';
and
(B) by adding at the end the following:
``(2) The Administrator and the head of a department or agency
referred to in paragraph (1) shall each submit any comments with
respect to an application for a permit under subsection (a) or (e) not
later than the 30th day (or the 60th day if additional time is
requested) after the date of receipt of an application for a permit
under that subsection.''.
SEC. 5. APPLICABILITY OF AMENDMENTS.
The amendments made by this Act shall apply to actions taken on or
after the date of enactment of this Act, including actions taken with
respect to permit applications that are pending or revised or new
standards that are being promulgated as of such date of enactment.
SEC. 6. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC
ACTIVITY.
(a) Analysis of Impacts of Actions on Employment and Economic
Activity.--
(1) Analysis.--Before taking a covered action, the
Administrator shall analyze the impact, disaggregated by State,
of the covered action on employment levels and economic
activity, including estimated job losses and decreased economic
activity.
(2) Economic models.--
(A) In general.--In carrying out paragraph (1), the
Administrator shall utilize the best available economic
models.
(B) Annual gao report.--Not later than December
31st of each year, the Comptroller General of the
United States shall submit to Congress a report on the
economic models used by the Administrator to carry out
this subsection.
(3) Availability of information.--With respect to any
covered action, the Administrator shall--
(A) post the analysis under paragraph (1) as a link
on the main page of the public Internet Web site of the
Environmental Protection Agency; and
(B) request that the Governor of any State
experiencing more than a de minimis negative impact
post such analysis in the Capitol of such State.
(b) Public Hearings.--
(1) In general.--If the Administrator concludes under
subsection (a)(1) that a covered action will have more than a
de minimis negative impact on employment levels or economic
activity in a State, the Administrator shall hold a public
hearing in each such State at least 30 days prior to the
effective date of the covered action.
(2) Time, location, and selection.--A public hearing
required under paragraph (1) shall be held at a convenient time
and location for impacted residents. In selecting a location
for such a public hearing, the Administrator shall give
priority to locations in the State that will experience the
greatest number of job losses.
(c) Notification.--If the Administrator concludes under subsection
(a)(1) that a covered action will have more than a de minimis negative
impact on employment levels or economic activity in any State, the
Administrator shall give notice of such impact to the State's
Congressional delegation, Governor, and Legislature at least 45 days
before the effective date of the covered action.
(d) Definitions.--In this section, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered action.--The term ``covered action'' means any
of the following actions taken by the Administrator under the
Federal Water Pollution Control Act (33 U.S.C. 1201 et seq.):
(A) Issuing a regulation, policy statement,
guidance, response to a petition, or other requirement.
(B) Implementing a new or substantially altered
program.
(3) More than a de minimis negative impact.--The term
``more than a de minimis negative impact'' means the following:
(A) With respect to employment levels, a loss of
more than 100 jobs. Any offsetting job gains that
result from the hypothetical creation of new jobs
through new technologies or government employment may
not be used in the job loss calculation.
(B) With respect to economic activity, a decrease
in economic activity of more than $1,000,000 over any
calendar year. Any offsetting economic activity that
results from the hypothetical creation of new economic
activity through new technologies or government
employment may not be used in the economic activity
calculation. | Clean Water Cooperative Federalism Act of 2013 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Administrator of the Environmental Protection Agency (EPA) from: promulgating a revised or new water quality standard for a pollutant when the Administrator has approved a state water quality standard for such pollutant unless the state concurs with the Administrator's determination that the revised or new standard is necessary to meet the requirements of such Act; taking action to supersede a state's determination that a discharge will comply with effluent limitations, water quality standards, controls on the discharge of pollutants, and toxic and pretreatment effluent standards under such Act; withdrawing approval of a state program under the National Pollution Discharge Elimination System (NPDES), limiting federal financial assistance for a state NPDES program, or objecting to the issuance of a NPDES permit by a state on the basis that the Administrator disagrees with the state regarding the implementation of an approved water quality standard or the implementation of any federal guidance that directs the interpretation of such standard; or denying or restricting the use of an area as a disposal site for the discharge of dredged or fill material into navigable waters in a permit if the state where the discharge originates does not concur with the Administrator's determination that the discharge will result in an unacceptable adverse effect on municipal water supplies, shellfish beds, and fishery areas. Shortens the period in which the Director of the United States Fish and Wildlife Service must submit comments with respect to a general dredge and fill permit application. Requires the Administrator and other agencies to submit comments on an application for a general permit or a permit to discharge into navigable waters at specified disposal sites within 30 days (or 60 days if additional time is requested) after the date of receipt of such application. Applies this Act to actions taken on or after this Act's date of enactment, including actions taken with respect to permit applications that are pending or revised or new standards that are being promulgated. Requires the Administrator, before issuing a regulation, policy statement, guidance, response to a petition, or other requirement or implementing a new or substantially altered program under this Act, to analyze the impact, disaggregated by state, of such action on employment levels and economic activity. Directs the Administrator to: (1) post such analysis on EPA's website; (2) request that the governor of any state experiencing more than a de minimis negative impact on employment levels or economic activity (a loss of more than 100 jobs or a decrease in economic activity of more than $1 million) post such analysis in the state's capitol; (3) hold a public hearing in each state where such action will have more than a de minimis negative impact; and (4) give notice of such impact to states' congressional delegations, governors, and legislatures. | {"src": "billsum_train", "title": "Clean Water Cooperative Federalism Act of 2013"} | 2,024 | 701 | 0.570333 | 1.874839 | 0.775756 | 3.842301 | 3.32282 | 0.87013 |
SECTION 1. SHORT TITLE.
This section may be cited as the ``Floodplain Maps Moratorium
Act''.
SEC. 2. 5-YEAR DELAY IN EFFECTIVE DATE OF MANDATORY PURCHASE
REQUIREMENT FOR NEW FLOOD HAZARD AREAS.
(a) In General.--Section 102 of the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4012a) is amended by adding at the end the following
new subsections:
``(i) Delayed Effective Date of Mandatory Purchase Requirement for
New Flood Hazard Areas.--
``(1) In general.--In the case of any area that was not
previously designated as an area having special flood hazards
and that, pursuant to any issuance, revision, updating, or
other change in flood insurance maps that takes effect on or
after September 30, 2007, becomes designated as an area having
special flood hazards, if each State and local government
having jurisdiction over any portion of the geographic area has
complied with paragraph (2), such designation shall not take
effect for purposes of subsection (a), (b), or (e) of this
section, or section 202(a) of this Act, until the expiration of
the 5-year period beginning upon the date that such maps, as
issued, revised, update, or otherwise changed, become
effective.
``(2) Notice requirements.--A State or local government
shall be considered to have complied with this paragraph with
respect to any geographic area described in paragraph (1) only
if the State or local government has, before the effective date
of the issued, revised, updated, or changed maps, and in
accordance with such standards as shall be established by the
Director--
``(A) developed an evacuation plan to be
implemented in the event of flooding in such portion of
the geographic area; and
``(B) developed and implemented an outreach and
communication plan to advise occupants in such portion
of the geographic area of potential flood risks,
appropriate evacuation routes under the evacuation plan
referred to in subparagraph (A), the opportunity to
purchase flood insurance, and the consequences of
failure to purchase flood insurance.
``(3) Rule of construction.--Nothing in paragraph (1) may
be construed to affect the applicability of a designation of
any area as an area having special flood hazards for purposes
of the availability of flood insurance coverage, criteria for
land management and use, notification of flood hazards,
eligibility for mitigation assistance, or any other purpose or
provision not specifically referred to in paragraph (1).
``(j) Availability of Preferred Risk Rating Method Premiums.--The
preferred risk rate method premium shall be available for flood
insurance coverage for properties located in areas referred to in
subsection (i)(1) and during the time period referred to in subsection
(i)(1).''.
(b) Conforming Amendment.--The second sentence of subsection (h) of
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101(h)) is amended by striking ``Such'' and inserting ``Except for
notice regarding a change described in section 102(i)(1) of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a(i)(1)), such''.
(c) No Refunds.--Nothing in this section or the amendments made by
this section may be construed to authorize or require any payment or
refund for flood insurance coverage purchased for any property that
covered any period during which such coverage is not required for the
property pursuant to the applicability of the amendment made by
subsection (a).
SEC. 3. NOTIFICATION TO HOMEOWNERS REGARDING MANDATORY PURCHASE
REQUIREMENT APPLICABILITY.
Section 201 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4105) is amended by adding at the end the following new subsection:
``(f) Annual Notification.--The Director, in consultation with
affected communities, shall establish and carry out a plan to notify
residents of areas having special flood hazards, on an annual basis--
``(1) that they reside in such an area;
``(2) of the geographical boundaries of such area;
``(3) of the provisions of section 102 requiring purchase
of flood insurance coverage for properties located in such an
area, including the date on which such provisions apply with
respect to such area, taking into consideration section 102(i);
and
``(4) of a general estimate of what similar homeowners in
similar areas typically pay for flood insurance coverage.''.
SEC. 4. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) is amended by adding at the end the following new subsection:
``(k) Notification to Members of Congress of Map Modernization.--
Upon any revision or update of any floodplain area or flood-risk zone
pursuant to subsection (f), any decision pursuant to subsection (f)(1)
that such revision or update is necessary, any issuance of preliminary
maps for such revision or updating, or any other significant action
relating to any such revision or update, the Director shall notify the
Senators for each State affected, and each Member of the House of
Representatives for each congressional district affected, by such
revision or update in writing of the action taken.''.
SEC. 5. REVIEW OF FLOOD MAP CHANGES BY AFFECTED COMMUNITIES.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), as amended by section 3, is further amended by adding at the end
the following new subsection:
``(l) Review of Flood Map Changes by Affected Communities.--Not
later than three years before the date on which a flood insurance rate
map change or revision becomes effective, the Director shall notify
each community affected by such map change or revision, including each
State and local government with jurisdiction over an area affected by
such map change or revision, and provide each such community and each
such State and local government with an opportunity to review such map
change or revision and propose modifications to such map change or
revision.''.
SEC. 6. REVIEW OF FLOOD MAP METHODOLOGY.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), as amended by section 4, is further amended by adding at the end
the following new subsection:
``(m) Review of Flood Map Methodology.--Not less than once every
ten years, the Comptroller General of the United States shall conduct a
review of the methodology used to issue or revise flood insurance rate
maps and submit the results of such review to Congress and the
Director.''.
SEC. 7. APPEALS.
(a) Television and Radio Announcement.--Section 1363 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended--
(1) in subsection (a), by inserting after
``determinations'' by inserting the following: ``by notifying a
local television and radio station,''; and
(2) in the first sentence of subsection (b), by inserting
before the period at the end the following: ``and shall notify
a local television and radio station at least once during the
same 10-day period''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any flood elevation determination for any area in
a community that has not, as of the date of the enactment of this Act,
been issued a Letter of Final Determination for such determination
under the flood insurance map modernization process.
SEC. 8. STUDY ON REPAYING FLOOD INSURANCE DEBT.
Not later than the expiration of the 6-month period beginning on
the date of the enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall submit a report to the Congress
setting forth a plan for repaying within 10 years all amounts,
including any amounts previously borrowed but not yet repaid, owed
pursuant to clause (2) of subsection (a) of section 1309 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)). | Floodplain Maps Moratorium Act - Amends the Flood Disaster Protection Act of 1973 to delay for five years the requirement to purchase flood insurance for properties in a new flood hazard area if the area's state or local government has developed a flood evacuation plan and meets other specified criteria. Makes the preferred risk rate method premium available for flood insurance coverage of such properties.
Directs the Director of the Federal Emergency Management Agency (FEMA) to establish and implement a plan to notify annually residents of areas having special flood hazards regarding the mandatory purchase requirement.
Amends the National Flood Insurance Act of 1968 to require the Director to: (1) notify the pertinent Members of Congress as well as the affected communities and their state and local governments about any decision to make a floodplain area or flood-risk zone revision, and (2) provide each such community and state and local government with an opportunity to review and propose modifications to a flood insurance map change or revision.
Requires the Comptroller General to review the methodology used to issue or revise flood insurance rate maps.
Requires the Director to notify a local television and radio station about proposed or published flood elevation determinations.
Directs the Administrator of FEMA to report to Congress a plan for repaying within 10 years all unpaid presidentially approved flood insurance program debt. | {"src": "billsum_train", "title": "To provide a moratorium on the issuance of flood insurance rate maps, to assist property owners in adapting to flood insurance rate map changes, and for other purposes."} | 1,826 | 281 | 0.554456 | 1.648231 | 0.812783 | 3.53012 | 6.566265 | 0.88755 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grand Jury Reform Act of 2015''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Grand juries are typically used as the process by which
allegations of police misconduct are prosecuted.
(2) There exists a symbiotic relationship between local
prosecutors and the law enforcement officers who regularly
testify in routine grand jury investigations.
(3) The closeness of this relationship creates public
suspicion that accused police officers receive preferential
consideration from grand juries when they are subject to grand
jury investigations.
(4) Police officers have the right to appear before the
grand jury investigating allegations of wrongdoing by said
officer, and give testimony not subject to a thorough cross
examination.
(5) Grand jury proceedings are by law secret proceedings.
(6) The secret grand jury process has historically resulted
in a refusal to indict when the subject of their investigation
is a local law enforcement officer.
(7) The recent grand jury proceedings following the deaths
of Michael Brown and Eric Garner have followed historical
tradition, ending with a refusal to indict the law enforcement
officers involved in their deaths.
(8) The American people have lost confidence in the
secretive grand jury process when it is used to evaluate
allegations of police misconduct.
(9) The loss of confidence in our system of justice leads
to the undermining of the principles of equality and justice
upon which this country was founded.
(10) Preliminary hearings are often replaced with direct
presentments, whereby the prosecutor may send a case directly
to the grand jury without a public preliminary hearing.
SEC. 3. HEARING BEFORE A JUDGE REQUIRED.
(a) Receipt of Grant Funds.--In order for a State or unit of local
government in a State to be eligible to receive Federal funding under
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State shall comply
with the requirements of this section.
(b) Notification Requirements.--
(1) Notification to prosecutor.--In the case of a law
enforcement officer of a local law enforcement agency who uses
deadly force against a person in the course of the officer's
employment, and thereby causes the death of that person, not
later than 24 hours after the death occurs, the chief officer
of the law enforcement agency of the locality in which the
death occurred shall report the death to the elected prosecutor
of that locality.
(2) Notification to governor.--Not later than 24 hours
after receiving notice under paragraph (1), the elected
prosecutor of the locality in which the death occurred shall
report the death to the Governor of that State.
(c) Hearing Requirement; Appointment of Special Prosecutor.--
(1) In general.--Not later than 3 days after receiving
notice under subsection (b)(2), the Governor of the State in
which the death occurred shall appoint a special prosecutor to
present evidence on behalf of the State at a hearing before a
judge in the appropriate court, in order to determine whether
probable cause exists for the State to bring criminal charges
against the law enforcement officer relating to the death of
the person, which determination shall be made by the judge. The
Governor shall use a random process to select the special
prosecutor from among all of the elected prosecutors in the
State, excluding the elected prosecutor of the locality in
which the death occurred.
(2) Timing.--The hearing described in paragraph (1) shall
be held not later than 90 days after the appointment of the
special prosecutor, unless the judge determines that good cause
exists to delay the hearing.
(3) Court to remain open to the public.--Except as
determined appropriate by the presiding judge, in a hearing
described in paragraph (1), the court shall remain open to the
public, and upon scheduling the hearing the judge shall provide
notice to the public of the date, time, and location of the
hearing.
(d) State Law Enforcement Agency To Have Exclusive Authority Over
Investigation.--
(1) In general.--Not later than 24 hours after receiving
notice under subsection (b)(2), the Governor shall report the
death to the chief officer of the State law enforcement agency
of the State in which the death occurred, and the State law
enforcement agency shall assume exclusive control of the
investigation of the death during the pendency of the probable
cause hearing.
(2) Cooperation of local law enforcement agency.--The chief
officer of the law enforcement agency of the locality in which
the death occurred shall cooperate with the special prosecutor
and the chief officer of the State law enforcement agency by
responding promptly to requests for information related to the
death.
(e) Written Determination of Probable Cause.--Not later than 5 days
after the conclusion of a hearing described in subsection (c), the
judge presiding over the hearing shall issue the determination
described in subsection (c) in writing, and shall submit such
determination to the elected prosecutor of the locality in which the
death occurred. Such determination shall be made available to the
public.
(f) Recommendations of the Special Prosecutor.--Upon the conclusion
of a hearing described in subsection (c), the special prosecutor shall
submit written recommendations to the elected prosecutor of the
locality in which the death occurred, including a recommendation
regarding whether criminal charges should be brought against the law
enforcement officer relating to the death of the person.
(g) Tolling of Procedural Deadlines.--Any applicable filing or
other procedural deadlines are tolled during the pendency of the
hearing described in subsection (c).
(h) Preservation of Prosecutorial Discretion.--The hearing
described in subsection (c) shall be purely advisory, and shall have no
binding effect on the elected prosecutor of the locality in which the
death occurred. After the conclusion of the hearing described in
subsection (c), the elected prosecutor of the locality in which the
death occurred shall retain prosecutorial discretion as to whether to
bring charges against the law enforcement officer, including whether to
hold a grand jury proceeding in the appropriate court. | Grand Jury Reform Act of 2015 Conditions a state or local government's eligibility for funding under the Edward Byrne Memorial Justice Assistance Grant Program on the state's compliance with this Act. Requires: (1) the chief officer of the law enforcement agency of a locality in which a death results from the use of deadly force by a law enforcement officer of such agency to report the death to the elected prosecutor of that locality within 24 hours of such death, and (2) the elected prosecutor to report the death to the governor of the state within 24 hours after receiving such notice. Directs the governor: (1) within three days after receiving such report, to appoint a special prosecutor to present evidence on the state's behalf at a hearing before a judge to determine whether probable cause exists to bring criminal charges against the law enforcement officer; (2) to use a random process to select the special prosecutor from among all of the elected prosecutors in the state, excluding the elected prosecutor of the locality in which the death occurred; and (3) within 24 hours after being notified of such death, to report the death to the chief officer of the state's law enforcement agency, which shall assume exclusive control of the investigation of the death during the pendency of the probable cause hearing. Requires: (1) the hearing to be held within 90 days after the appointment of the special prosecutor, unless the judge determines that good cause exists to delay it; (2) the court to remain open to the public for such hearing, except as determined appropriate by the presiding judge; (3) the presiding judge, within five days of the hearing's conclusion, to issue a determination regarding probable cause and to submit such determination to the elected prosecutor of the locality in which the death occurred; and (4) the special prosecutor to submit recommendations to the elected prosecutor, including regarding whether criminal charges should be brought against the officer. Declares that the probable cause hearing shall have no binding effect on the elected prosecutor. | {"src": "billsum_train", "title": "Grand Jury Reform Act of 2015"} | 1,334 | 429 | 0.569165 | 1.84982 | 0.766421 | 4.132316 | 3.175573 | 0.931298 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disclosure; and Encouragement of
Verification, Innovation, Cleaning, and Efficiency Act of 2016''.
SEC. 2. REPORTING REQUIREMENT FOR DESIGN AND REPROCESSING INSTRUCTION
CHANGES.
(a) Adulteration.--Section 501 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph
(j) the following:
``(k) If it is a device with respect to which the manufacturer is
in violation of the reporting requirement in section 510(q) (relating
to design and reprocessing changes).''.
(b) Requirement.--Section 510 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the
following:
``(q) Reporting Requirement for Device Design Changes.--Before
making a change to the design of a device, or the reprocessing
instructions of a device, that is marketed in interstate commerce, the
manufacturer of the device shall give written notice of the change to
the Food and Drug Administration.''.
SEC. 3. REPORTING REQUIREMENT FOR CERTAIN COMMUNICATIONS TO FOREIGN
HEALTH CARE PROVIDERS.
(a) Adulteration.--Section 501 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is
further amended by inserting after paragraph (k) the following:
``(l) If it is a device with respect to which the manufacturer is
in violation of the reporting requirement in section 510(r) (relating
to communications to foreign health care providers).''.
(b) Requirement.--Section 510 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360), as amended by section 2 of this Act, is
further amended by adding at the end the following:
``(r) Reporting Requirement for Certain Communications to Foreign
Health Care Providers.--
``(1) Requirement.--The manufacturer of a device that is
marketed in interstate commerce shall give written notice to
the Food and Drug Administration of any communication described
in paragraph (2) not more than 5 calendar days after making
such communication.
``(2) Communication described.--A communication is
described in this paragraph if the communication--
``(A) is made by the manufacturer of the device or
an affiliate of the manufacturer;
``(B) relates to a change to the design of the
device, a change to the recommended reprocessing
protocols, if any, for the device, or a safety concern
about the device; and
``(C) is widely disseminated (including on a
voluntary basis) to health care providers in a foreign
country.
``(3) Affiliate.--In this subsection, the term `affiliate'
means a business entity that has a relationship with a second
business entity if, directly or indirectly--
``(A) one business entity controls, or has the
power to control, the other business entity; or
``(B) a third party controls, or has the power to
control, both of the business entities.''.
SEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING.
(a) Inclusion in Device Definition.--Section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended--
(1) in paragraph (h)--
(A) in subparagraph (2), by striking ``or'' at the
end;
(B) in subparagraph (3), by striking ``and'' at the
end and inserting ``or''; and
(C) by inserting after subparagraph (3) the
following:
``(4) a rapid assessment test intended to ensure the proper
reprocessing of a reusable device (as defined in paragraph
(ss)), and''; and
(2) by adding at the end the following:
``(ss) The term `reusable device' means a device that--
``(1) is intended to be used more than one time; and
``(2) must be sanitized (whether through cleaning,
disinfection, or sterilization) to ensure that the device is
safe and effective for such intended use.''.
(b) Instructions for Use and Validation Data.--Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by
sections 2 and 3 of this Act, is further amended by adding at the end
the following:
``(s) Instructions for Use and Validation Data.--
``(1) Initial list.--Not later than 1 year after the date
of enactment of this subsection, the Secretary shall by
regulation develop and publish a list of types of rapid
assessment tests described in section 201(h)(4) for which
reports under subsection (k) must include--
``(A) instructions for use that have been validated
in a manner specified by the Secretary; and
``(B) validation data, of the types specified by
the Secretary.
``(2) Updates.--The Secretary shall by regulation
periodically update the list required by paragraph (1).
``(3) Enforcement.--Beginning on the date of publication of
the initial list under paragraph (1), the Secretary shall not
accept any notification under subsection (k) for clearance of a
type of rapid assessment test that is included on such list
unless such notification includes instructions for use and
validation data in accordance with paragraph (1).''. | Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2016 This bill amends the Federal Food, Drug, and Cosmetic Act by requiring a manufacturer of a medical device to give the Food and Drug Administration (FDA) premarket notification of changes to the design or reprocessing instructions of its device. Medical device manufacturers must also notify the FDA within five days of widely disseminating to health care providers in a foreign country communications relating to a change to the recommended reprocessing protocols, if any, for their device, or a safety concern about the device. The bill bans the devices if the manufacturers violate the notification requirements concerning those design or reprocessing changes or communications to foreign health care providers. The FDA must publish a list of the types of rapid assessment tests of reusable devices for which premarket notification must include proposed labeling, including validated instructions regarding sanitizing reusable devices. | {"src": "billsum_train", "title": "Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2016"} | 1,303 | 206 | 0.566534 | 1.726615 | 0.747972 | 3.142857 | 6.702381 | 0.797619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Fishermen Safety and Tax
Fairness Act of 2000''.
SEC. 2. INCOME AVERAGING FOR FISHERMEN.
(a) Allowing Income Averaging for Fishermen.--Subsection (a) of
section 1301 of the Internal Revenue Code of 1986 (relating to
averaging of farm income) is amended by striking ``farming business''
and inserting ``farming business or fishing business''.
(b) Definition of Elected Farm Income.--
(1) In general.--Clause (i) of section 1301(b)(1)(A) of
such Code is amended by inserting ``or fishing business''
before the semicolon.
(2) Conforming amendment.--Subparagraph (B) of section
1301(b)(1) of such Code is amended by inserting ``or fishing
business'' after ``farming business'' both places it occurs.
(c) Definition of Fishing Business.--Section 1301(b) of such Code
is amended by adding at the end the following new paragraph:
``(4) Fishing business.--The term `fishing business' means
the conduct of commercial fishing as defined in section 3 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1802).''.
SEC. 3. CREDIT FOR PURCHASE OF FISHING SAFETY EQUIPMENT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45D. FISHING SAFETY EQUIPMENT CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the fishing safety equipment credit determined under
this section for the taxable year is 75 percent of the amount of
qualified fishing safety equipment expenses paid or incurred by the
taxpayer during the taxable year.
``(b) Limitation on Maximum Credit.--The credit allowed under
subsection (a) with respect to a taxpayer for the taxable year shall
not exceed $1,500.
``(c) Eligible Taxpayer.--For purposes of this section, the term
`eligible taxpayer' means a taxpayer engaged in a fishing business (as
defined in section 1301(b)(4)).
``(d) Qualified Fishing Safety Equipment Expenses.--For purposes of
this section--
``(1) In general.--The term `qualified fishing safety
equipment expenses' means an amount paid or incurred for
fishing safety equipment for use by the taxpayer in connection
with a fishing business.
``(2) Fishing safety equipment.--The term `fishing safety
equipment' means lifesaving equipment required to be carried by
a vessel under section 4502 of title 46, United States Code.
``(e) Special Rules.--
``(1) In general.--Rules similar to the rules of
subsections (c), (d), and (e) of section 52 shall apply for
purposes of this section.
``(2) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52 or
subsection (m) or (o) of section 414 shall be treated as one
person for purposes of subsection (a).
``(f) Denial of Double Benefit.--No deduction shall be allowed
under this chapter (other than a credit under this section) for any
amount taken into account in determining the credit under this section.
``(g) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to any equipment, the basis
of such equipment shall be reduced by the amount of the credit so
allowed.''.
(b) Limitation on Carryback.--Section 39(d) of the Internal Revenue
Code of 1986 (relating to transition rules) is amended by adding at the
end the following new paragraph:
``(9) No carryback of fishing safety equipment credit
before effective date.--No portion of the unused business
credit for any taxable year which is attributable to the
fishing safety equipment credit determined under section 45D
may be carried to a taxable year ending before the date of the
enactment of section 45D.''.
(c) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986
(relating to general business credit) is amended by striking
``plus'' at the end of paragraph (11), by striking the period
at the end of paragraph (12) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(13) the fishing safety equipment credit determined under
section 45D(a).''.
(2) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (26), by striking
the period at the end of paragraph (27) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(28) in the case of equipment with respect to which a
credit was allowed under section 45D, to the extent provided in
section 45D(g).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45C the
following new item:
``Sec. 45D. Fishing safety equipment
credit.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 2000. | Allows commercial fishermen a fishing safety equipment credit. | {"src": "billsum_train", "title": "Commercial Fishermen Safety and Tax Fairness Act of 2000"} | 1,303 | 12 | 0.551104 | 1.183594 | -0.166537 | 2.666667 | 124.444444 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security and Victory in Iraq Act of
2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The national security mission of the United States and
its coalition partners, having removed Saddam Hussein and his
regime from power, is to help establish a sovereign, free,
secure, and united Iraq at peace with its neighbors.
(2) The people of Iraq in 2005 went to the polls in great
numbers and in an historic democratic process elected an
interim government, voted on a new constitution, and elected a
permanent democratic government.
(3) Since its inception, Iraq's democratic government has
been under continuous attack from extremist insurgents,
terrorists, and, more recently, growing sectarian conflict.
(4) The increasing violence is now threatening Iraq's
government, endangering regional stability and creating the
opportunity for safe havens for terrorists.
(5) The National Intelligence Estimate for Iraq, released
February 2, 2007, stated: ``Coalition capabilities, including
force levels, resources, and operations, remain an essential
stabilizing element in Iraq.''. The National Intelligence
Estimate for Iraq stated further that if Coalition forces were
to withdraw rapidly, the intelligence community judges that
neighboring countries--invited by Iraqi factions or
unilaterally--might intervene openly in the conflict.
(6) There is evidence that the sectarian violence is
pulling in neighboring countries, with United States and
coalition commanders in Iraq, intelligence sources, and the
Iraq Study Group all affirming that Syria and Iran are actively
supporting efforts to undermine stability in Iraq, with
reporting attesting that Iran has provided arms, financial
support, and training for militias within Iraq and may be
supplying improvised explosive devices to groups that attack
United States forces.
(7) Israeli Prime Minister Olmert underscored the regional
consequences of a United States withdrawal from Iraq in a
December 11, 2006, interview with the Washington Post and
Newsweek saying: ``If there is a premature pullout before Iraq
has a robust government with a strong authority that can keep
the country from collapsing into an internal civil war, America
will have to think about the possible ramifications on
neighbouring Arab countries with moderate governments. . . .
How will it affect the stability of these countries against the
radical forces that might flourish as a result of a premature
pullout of America?''.
(8) Ayman al-Zawahiri has repeatedly stated the need to
extend the jihad beyond Iraq and wrote in an October 2005
letter to the late al-Qaeda leader al-Zarqawi, that the
Islamist militant extremists ``must not have their mission end
with the expulsion of the Americans from Iraq, and then lay
down their weapons. . . . Instead, their ongoing mission is to
establish an Islamic state, and defend it, and for every
generation to hand over the banner to the one after it . . .''.
(9) This commitment to imposing militant extremist Islam
throughout the world was recently echoed by Iranian leader
Mahmoud Ahmadinejad, who was quoted as saying on January 5,
2007: ``We don't shy away from declaring that Islam is ready to
rule the world. . . . We must prepare ourselves to rule the
world.''.
(10) The failure to secure Iraq would threaten America's
vital national security interests, in a strategically important
region in the world, and our homeland security interests.
(11) Recognizing the investment of troops and resources had
outpaced results in Iraq, the President and a congressionally-
established commission, the Iraq Study Group, conducted
reappraisals of our policies and strategies in Iraq.
(12) The President outlined a new strategy on January 10,
2007, to immediately further United States national security
priorities, to provide greater security for the Iraqi
population, and to accelerate progress on essential political,
social, and economic reforms necessary to the long-term
stability of the central government and the country.
(13) On January 26, 2007, the United States Senate
unanimously confirmed General David H. Petraeus as the new
commander of United States and allied forces in Iraq. During
his confirmation hearings, General Petraeus addressed the
negative consequences a premature withdrawal would have on
United States interests and regional stability, as well as the
positive encouragement a congressionally-passed resolution of
disapproval regarding the new strategy would have on United
States enemies operating in Iraq.
(14) In addition, General Petraeus, as he himself has
stated, cannot accomplish his new mission without the
deployment of the additional troops, which would reinforce
United States and allied forces. It is not in the best national
security interests of the United States to support unanimously
a new commanding general given his mission and then deny him
the resources to be successful in that mission.
(15) Despite policy disagreements, all Members of Congress
support the members of the United States Armed Forces, who have
served honorably in their mission to fight terrorism and to
protect the security of the United States.
(16) The members of the Armed Forces and their families
have made sacrifices, in many cases the ultimate sacrifice, to
protect the security of the United States and the freedom of
its citizens.
(17) Failure to fully provide resources to military forces
deployed in support of operations in Iraq will negatively
impact our troops' morale and result in increasing casualties
and make the mission to secure Iraq impossible.
SEC. 3. CERTIFICATION RELATING TO EFFORTS BY THE GOVERNMENT OF IRAQ.
Not later than 30 days after the date of the enactment of this Act,
and every 30 days thereafter, the President shall transmit to the
appropriate congressional committees a certification that contains a
determination of the President of the extent to which--
(1) the Government of Iraq is fully cooperating with United
States stability efforts in Iraq; and
(2) the Government of Iraq has taken effective steps and
made demonstrable progress toward--
(A) completing the process of purging from its
security services those individuals with ties to
insurgents, sectarian militias, and terrorism;
(B) developing and implementing a rotation schedule
that allows all Iraqi Army battalions to participate in
operations in battlefield conditions, such as those
combat conditions found in Baghdad and al Anbar
Province;
(C) denying terrorists and their state-sponsors,
particularly Iran and Syria, the use of Iraqi territory
as a terrorist sanctuary;
(D) developing and implementing a strategy to
promote tolerance, peace, and co-existence among
Iraqis, which should particularly address how to
decrease sectarian tensions and violence;
(E) providing and ensuring equal access to
resources to all Iraqis and augmenting the capability
of reconstruction programs and economic institutions;
(F) adopting reforms to promote justice, equality,
and the rule of law, and ensuring financial and
transparent accountability of all Iraqi Government
ministries and operations; and
(G) cooperating and coordinating internationally to
help stabilize Iraq.
SEC. 4. REPORT.
Not later than 30 days after the date of the enactment of this Act,
and every 30 days thereafter, the President shall transmit to the
appropriate congressional committees a report that--
(1) details the progress in the implementation of the Iraq
strategy, ``A New Way Forward,'' announced by the President on
January 10, 2007;
(2) details the progress of the Government of Iraq in
meeting the benchmarks described in section 3 of this Act;
(3) identifies the level of combat experience of all Iraqi
Army battalions, provides details on the development and
implementation of a rotation schedule to ensure that all Iraqi
Army battalions experience combat operations in battlefield
conditions, and identifies the extent to which the Iraqi
Ministry of Defense has deployed Iraqi military units that are
needed to secure Baghdad and al Anbar Province;
(4) tracks expenditures of Iraqi funds, which are allocated
for the Iraqi Army, for the purpose of equipping the Iraqi
Army;
(5) measures the effectiveness of the police force in
Baghdad using normally accepted crime statistics;
(6) assesses the contributions by allies of the United
States to provide support to the Government and people of Iraq;
and
(7) identifies the steps the Government of the United
States is taking to hold the Government of Iraq accountable in
meeting the benchmarks described in section 3 of this Act and
in providing funding for the Provincial Reconstruction Teams in
Iraq.
SEC. 5. INTERAGENCY ASSESSMENT.
(a) Interagency Assessment Required.--The President shall require
all relevant departments and agencies of the Government of the United
States to conduct an interagency assessment of the impact that
withdrawal of United States Armed Forces from Iraq would have on the
national security and homeland security interests of the United States,
as well as an assessment on the impact that such a withdrawal would
have for United States allies in the region.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the President shall transmit to the appropriate
congressional committees a report that contains the results of the
interagency assessment conducted under subsection (a).
SEC. 6. SELECT BIPARTISAN COMMITTEE TO MONITOR UNITED STATES POLICY AND
STRATEGY FOR IRAQ.
(a) Establishment.--There is hereby established in the House of
Representatives the Select Bipartisan Committee to Monitor United
States Policy and Strategy for Iraq (hereinafter referred to as the
``select committee'').
(b) Composition.--
(1) In general.--The select committee shall be composed of
10 members appointed by the Speaker of the House of
Representatives, of whom 5 members shall be appointed upon the
recommendation of the minority leader of the House of
Representatives. The Speaker shall designate one member as
chairman of the select committee.
(2) Ex officio members.--The Speaker and the minority
leader of the House of Representatives shall be ex officio
members of the select committee but shall have no vote in the
select committee and may not be counted for purposes of
determining a quorum. The Speaker and the minority leader each
may designate a leadership staff member to assist in their
capacity as ex officio members, with the same access to select
committee meetings, hearings, briefings, and materials as
employees of the select committee and subject to the same
security clearance and confidentiality requirements as staff of
the select committee.
(c) Duties.--
(1) In general.--The select committee is authorized and
directed to monitor the implementation of this Act and to study
proposals from relevant committees of the House of
Representatives, the executive branch, and private sector
entities and individuals as the select committee considers
appropriate concerning the development of United States policy
and strategy to assist Iraq to achieve a stable, democratic
government and security forces capable of establishing and
maintaining security and stability.
(2) Report.--Not later than 180 legislative days after the
date on which all members of the select committee have been
appointed pursuant to subsection (b)(1), the select committee
shall submit to the House of Representatives a report that
contains a summary of the activities of the select committee
carried out under paragraph (1) and any findings or
recommendations relating to such activities.
(d) Procedure.--Rule XI of the Rules of the House of
Representatives, including the items referred to in the following
paragraphs, shall apply to the select committee:
(1) Clause 2(j)(1) of rule XI (guaranteeing the minority
additional witnesses).
(2) Clause 2(m)(3) of rule XI (providing for the authority
to subpoena witnesses and documents).
In addition, access by the select committee to classified information
and other national security information shall be conducted consistent
with the Rules of the House of Representatives.
(e) Joint Operations.--The chairman of the select committee, in
carrying out the duties described in subsection (c), shall consult with
the chairman of a Senate committee conducting duties similar to the
duties described in subsection (c) regarding meeting jointly to receive
testimony, the scheduling of hearings or issuance of subpoenas, and
joint staff interviews of key witnesses.
(f) Staff; Funding.--
(1) Staff.--
(A) Use of existing house staff.--To the greatest
extent practicable, the select committee shall utilize
the services of staff of employing entities of the
House of Representatives. At the request of the
chairman in consultation with the ranking minority
member, staff of employing entities of the House of
Representatives or a joint committee may be detailed to
the select committee to carry out this section and
shall be deemed to be staff of the select committee.
(B) Other staff.--The chairman, upon consultation
with the ranking minority member, may employ and fix
the compensation of such staff as the chairman
considers necessary to carry out this resolution.
(2) Funding.--There shall be paid out of the applicable
accounts of the House of Representatives $500,000 for the
expenses of the select committee. Such payments shall be made
on vouchers signed by the chairman and approved in the manner
directed by the Committee on House Administration. Amounts made
available under this paragraph shall be expended in accordance
with regulations prescribed by the Committee on House
Administration.
(g) Dissolution and Disposition of Records.--
(1) Dissolution.--The select committee shall cease to exist
30 days after filing the report required under subsection
(c)(2).
(2) Disposition of records.--Upon dissolution of the select
committee, the records of the select committee shall become the
records of any committee of the House of Representatives
designated by the Speaker of the House of Representatives.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Affairs,
the Committee on Homeland Security, the Permanent
Select Committee on Intelligence, and the Select
Bipartisan Committee to Monitor United States Policy
and Strategy for Iraq (established under section 6 of
this Act) of the House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Relations,
the Committee on Homeland Security and Governmental
Affairs, and the Select Committee on Intelligence of
the Senate.
(2) Legislative day.--The term ``legislative day'' means
any calendar day during which the House of Representatives is
in session.
(3) Terrorist sanctuary.--The term ``terrorist sanctuary''
has the meaning given the term in section 140(d)(5) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f(d)(5) (as added by section 7102(d)(3) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458)). | Security and Victory in Iraq Act of 2007 - Directs the President every 30 days to certify to the appropriate congressional committees the extent to which the government of Iraq: (1) is cooperating with U.S. stability efforts in Iraq; and (2) has made demonstrable progress toward achieving stability and security for its people, denying terrorists a sanctuary in Iraq, and ensuring equal access to resources.
Directs the President every 30 days to report to the appropriate congressional committees respecting: (1) implementation of the Iraq "A New Way Forward" strategy; (2) the government of Iraq's progress in meeting specified benchmarks; (3) Iraqi Army progress and operations; (4) expenditure of funds for the Iraqi Army; (5) effectiveness of the police force in Baghdad; and (6) contributions by U.S. allies to support the government and people of Iraq.
Directs the President to: (1) require all relevant U.S. departments and agencies to conduct an interagency assessment of the impact that U.S. military withdrawal from Iraq would have on U.S. national security and homeland security interests and on U.S. allies in the region; and (2) report to the appropriate congressional committees.
Establishes in the House of Representatives the Select Bipartisan Committee to Monitor United States Policy and Strategy for Iraq. | {"src": "billsum_train", "title": "To require the President to report to Congress on the extent to which the Government of Iraq is fully cooperating with United States stability efforts in Iraq and is making demonstrable progress toward achieving stability and security for the people of Iraq and denying terrorists a sanctuary in Iraq, and for other purposes."} | 3,257 | 277 | 0.478455 | 1.554066 | 0.731037 | 3.469636 | 12.238866 | 0.927126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scott Campbell, Stephanie Roper,
Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights
Act''.
SEC. 2. CRIME VICTIMS' RIGHTS.
(a) Amendment to Title 18.--Part II of title 18, United States
Code, is amended by adding at the end the following:
``CHAPTER 237--CRIME VICTIMS' RIGHTS
``Sec.
``3771. Crime victims' rights.
``Sec. 3771. Crime victims' rights
``(a) Rights of Crime Victims.--A crime victim has the following
rights:
``(1) The right to be reasonably protected from the
accused.
``(2) The right to reasonable, accurate, and timely notice
of any public proceeding involving the crime or of any release
or escape of the accused.
``(3) The right not to be excluded from any such public
proceeding.
``(4) The right to be reasonably heard at any public
proceeding involving release, plea, or sentencing.
``(5) The right to confer with the attorney for the
Government in the case.
``(6) The right to full and timely restitution as provided
in law.
``(7) The right to proceedings free from unreasonable
delay.
``(8) The right to be treated with fairness and with
respect for the victim's dignity and privacy.
``(b) Rights Afforded.--In any court proceeding involving an
offense against a crime victim, the court shall ensure that the crime
victim is afforded the rights described in subsection (a). The reasons
for any decision denying relief under this chapter shall be clearly
stated on the record.
``(c) Best Efforts To Accord Rights.--
``(1) Government.--Officers and employees of the Department
of Justice and other departments and agencies of the United
States engaged in the detection, investigation, or prosecution
of crime shall make their best efforts to see that crime
victims are notified of, and accorded, the rights described in
subsection (a).
``(2) Conflict.--In the event of any material conflict of
interest between the prosecutor and the crime victim, the
prosecutor shall advise the crime victim of the conflict and
take reasonable steps to direct the crime victim to the
appropriate legal referral, legal assistance, or legal aid
agency.
``(3) Notice.--Notice of release otherwise required
pursuant to this chapter shall not be given if such notice may
endanger the safety of any person.
``(d) Enforcement and Limitations.--
``(1) Rights.--The crime victim, the crime victim's lawful
representative, and the attorney for the Government may assert
the rights established in this chapter. A person accused of the
crime may not obtain any form of relief under this chapter.
``(2) Multiple crime victims.--In a case where the court
finds that the number of crime victims makes it impracticable
to accord all of the crime victims the rights contained in this
chapter, the court shall fashion a procedure to give effect to
this chapter.
``(3) Writ of mandamus.--If a Federal court denies any
right of a crime victim under this chapter or under the Federal
Rules of Criminal Procedure, the Government or the crime victim
may apply for a writ of mandamus to the appropriate court of
appeals. The court of appeals shall take up and decide such
application forthwith and shall order such relief as may be
necessary to protect the crime victim's ability to exercise the
rights.
``(4) Error.--In any appeal in a criminal case, the
Government may assert as error the district court's denial of
any crime victim's right in the proceeding to which the appeal
relates.
``(5) New trial.--In no case shall a failure to afford a
right under this chapter provide grounds for a new trial.
``(6) No cause of action.--Nothing in this chapter shall be
construed to authorize a cause of action for damages.
``(e) Definitions.--For the purposes of this chapter, the term
`crime victim' means a person directly and proximately harmed as a
result of the commission of a Federal offense. In the case of a crime
victim who is under 18 years of age, incompetent, incapacitated, or
deceased, the legal guardians of the crime victim or the
representatives of the crime victim's estate, family members, or any
other persons appointed as suitable by the court, may assume the crime
victim's rights under this chapter, but in no event shall the defendant
be named as such guardian or representative.
``(f) Procedures To Promote Compliance.--
``(1) Regulations.--Not later than 1 year after the date of
enactment of this chapter, the Attorney General of the United
States shall promulgate regulations to enforce the rights of
crime victims and to ensure compliance by responsible officials
with the obligations described in law respecting crime victims.
``(2) Contents.--The regulations promulgated under
paragraph (1) shall--
``(A) establish an administrative authority within
the Department of Justice to receive and investigate
complaints relating to the provision or violation of
the rights of a crime victim;
``(B) require a course of training for employees
and offices of the Department of Justice that fail to
comply with provisions of Federal law pertaining to the
treatment of crime victims, and otherwise assist such
employees and offices in responding more effectively to
the needs of crime victims;
``(C) contain disciplinary sanctions, including
suspension or termination from employment, for
employees of the Department of Justice who willfully or
wantonly fail to comply with provisions of Federal law
pertaining to the treatment of crime victims; and
``(D) provide that the Attorney General, or the
designee of the Attorney General, shall be the final
arbiter of the complaint, and that there shall be no
judicial review of the final decision of the Attorney
General by a complainant.''.
(b) Table of Chapters.--The table of chapters for part II of title
18, United States Code, is amended by inserting at the end the
following:
``237. Crime victims' rights................................ 3771''.
(c) Repeal.--Section 502 of the Victims' Rights and Restitution Act
of 1990 (42 U.S.C. 10606) is repealed.
SEC. 3. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME VICTIMS' RIGHTS.
(a) Crime Victims Legal Assistance Grants.--The Victims of Crime
Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after
section 1404C the following:
``SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS.
``(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices,
law enforcement agencies, courts, jails, and correctional institutions,
and to qualified public and private entities, to develop, establish,
and maintain programs for the enforcement of crime victims' rights as
provided in law.
``(b) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the `False Claims Act'), may
be used for grants under this section, subject to appropriation.''.
(b) Authorization of Appropriations.--In addition to funds made
available under section 1402(d) of the Victims of Crime Act of 1984,
there are authorized to be appropriated to carry out this Act--
(1) $2,000,000 for fiscal year 2005 and $5,000,000 for each
of fiscal years 2006, 2007, 2008, and 2009 to United States
Attorneys Offices for Victim/Witnesses Assistance Programs;
(2) $2,000,000 for fiscal year 2005 and $5,000,000 in each
of the fiscal years 2006, 2007, 2008, and 2009, to the Office
for Victims of Crime of the Department of Justice for
enhancement of the Victim Notification System;
(3) $300,000 in fiscal year 2005 and $500,000 for each of
the fiscal years 2006, 2007, 2008, and 2009, to the Office for
Victims of Crime of the Department of Justice for staff to
administer the appropriation for the support of the National
Crime Victim Law Institute or other organizations as designated
under paragraph (4);
(4) $7,000,000 for fiscal year 2005 and $11,000,000 for
each of the fiscal years 2006, 2007, 2008, and 2009, to the
Office for Victims of Crime of the Department of Justice, for
the support of--
(A) the National Crime Victim Law Institute and the
establishment and operation of the Institute's programs
to provide counsel for victims in criminal cases for
the enforcement of crime victims' rights in Federal
jurisdictions, and in States and tribal governments
that have laws substantially equivalent to the
provisions of chapter 237 of title 18, United States
Code; or
(B) other organizations substantially similar to
that organization as determined by the Director of the
Office for Victims of Crime.
(c) Increased Resources To Develop State-of-the-Art Systems for
Notifying Crime Victims of Important Dates and Developments.--The
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by
inserting after section 1404D the following:
``SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS.
``(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices,
law enforcement agencies, courts, jails, and correctional institutions,
and to qualified public or private entities, to develop and implement
state-of-the-art systems for notifying victims of crime of important
dates and developments relating to the criminal proceedings at issue in
a timely and efficient manner, provided that the jurisdiction has laws
substantially equivalent to the provisions of chapter 237 of title 18,
United States Code.
``(b) Integration of Systems.--Systems developed and implemented
under this section may be integrated with existing case management
systems operated by the recipient of the grant.
``(c) Authorization of Appropriations.--In addition to funds made
available under section 1402(d), there are authorized to be
appropriated to carry out this section--
``(1) $5,000,000 for fiscal year 2005; and
``(2) $5,000,000 for each of the fiscal years 2006, 2007,
2008, and 2009.
``(d) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the `False Claims Act'), may
be used for grants under this section, subject to appropriation.''.
SEC. 4. REPORTS.
(a) Administrative Office of the United States Courts.--Not later
than 1 year after the date of enactment of this Act and annually
thereafter, the Administrative Office of the United States Courts, for
each Federal court, shall report to Congress the number of times that a
right established in chapter 237 of title 18, United States Code, is
asserted in a criminal case and the relief requested is denied and,
with respect to each such denial, the reason for such denial, as well
as the number of times a mandamus action is brought pursuant to chapter
237 of title 18, and the result reached.
(b) General Accounting Office.--
(1) Study.--The Comptroller General shall conduct a study
that evaluates the effect and efficacy of the implementation of
the amendments made by this Act on the treatment of crime
victims in the Federal system.
(2) Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General shall prepare
and submit to the appropriate committees a report containing
the results of the study conducted under subsection (a).
Passed the Senate April 22, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act - Amends the Federal criminal code to provide that a crime victim has the following rights: (1) to be reasonably protected from the accused; (2) to reasonable, accurate, and timely notice of, and to not be excluded from, any public proceeding involving the crime or of any release or escape of the accused; (3) to be reasonably heard at any public proceeding involving release, plea, or sentencing; (4) to confer with the attorney for the Government in the case; (5) to full and timely restitution as provided in law; (6) to proceedings free from unreasonable delay; and (7) to be treated with fairness and with respect for his or her dignity and privacy. Directs the court to ensure that a victim is afforded these rights in any proceeding involving the offense and to clearly state on the record the reasons for any decision denying relief under this Act.
Requires officers and employees of the Department of Justice (DOJ) and other departments and agencies engaged in the detection, investigation, or prosecution of crime to make their best efforts to see that crime victims are notified of, and accorded, these rights. Requires the prosecutor to advise a crime victim of any material conflict of interest between the prosecutor and the victim, and to take reasonable steps to direct the victim to the appropriate legal referral, legal assistance, or legal aid agency. Provides that notice of release otherwise required under this Act shall not be given if it may endanger the safety of any person.
Authorizes the crime victim, the victim's lawful representative, and the Government attorney to assert the rights established under this Act. Directs the court, in a case where it finds that the number of victims makes it impracticable to accord all of the victims the rights contained in this Act, to fashion a procedure to give effect to this Act.
Authorizes the Government or the crime victim to apply for a writ of mandamus to the appropriate appeals court if a Federal court denies any right of a crime victim under this Act or under the Federal Rules of Criminal Procedure. Directs the court of appeals to decide such application and order such relief as necessary to protect the victim's ability to exercise these rights. Allows the Government, in any appeal in a criminal case, to assert as error the district court's denial of a victim's right in a proceeding. Provides that in no case shall a failure to afford a right under this Act provide grounds for a new trial.
Directs the Attorney General to promulgate regulations to enforce victims' rights and to ensure compliance by responsible officials with obligations respecting crime victims.
Repeals victims' rights provisions of the Victims' Rights and Restitution Act of 1990.
(Sec. 3) Amends the Victims of Crime Act of 1984 to authorize the Director of DOJ's Office for Victims of Crime (Office) to make grants to: (1) develop, establish, and maintain programs for the enforcement of crime victims' rights; and (2) develop and implement state-of-the-art systems for notifying crime victims of important dates and developments relating to criminal proceedings in a timely and efficient manner, provided that the jurisdiction has substantially equivalent provisions.
Authorizes appropriations for: (1) U.S. Attorneys Offices for Victim/Witnesses Assistance Programs; (2) the Office for enhancement of the Victim Notification System and for staff to administer the appropriation for the support of the National Crime Victim Law Institute or other specified organizations; and (3) the Office for support of the Institute and the establishment and operation of the Institute's programs to provide counsel for victims in criminal cases for the enforcement of crime victims' rights in Federal jurisdictions, and in States and tribal governments that have substantially equivalent provisions, or for other substantially similar organizations.
(Sec. 4) Directs the Administrative Office of the United States Courts, for each Federal court, to annually report to Congress on: (1) the number of times that a right under this Act is asserted in a criminal case and the relief requested is denied (and the reason for such denial); and (2) the number of times a mandamus action is brought pursuant to this Act and the result reached.
Requires the Comptroller General to study and report to Congress on the effect and efficacy of the implementation of this Act on the treatment of crime victims in the Federal system. | {"src": "billsum_train", "title": "A bill to protect crime victims' rights."} | 2,716 | 979 | 0.734555 | 2.547121 | 0.747869 | 5.082664 | 2.817451 | 0.967853 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Label and Transport Tissues Safely
Act of 2017'' or as the ``LATTS Act of 2017''.
SEC. 2. IN GENERAL.
(a) Non-Transplant Tissue Bank License.--
(1) Prohibition.--No person may introduce or deliver for
introduction into interstate commerce any human tissue specimen
for medical research or education unless--
(A) a non-transplant tissue bank license is in
effect for the entity introducing the human tissue
specimen into interstate commerce;
(B) each package of the human tissue specimen is
labeled with--
(i) the proper name of the human tissue
specimen contained in the package;
(ii) the name, address, and applicable
license number of the source tissue bank of the
human tissue specimen;
(iii) a unique donor identifier, the tissue
type, the cause of death, serological test
results, and any known infectious disease
agents;
(iv) a statement about the mandatory use of
personal protective equipment and universal
precautions when handling human tissue; and
(v) the statement ``not for
transplantation''; and
(C) each package of the human tissue specimen is
wrapped and packaged in a manner that--
(i) mitigates potential contamination and
cross contamination;
(ii) mitigates potential safety hazards;
(iii) is sealed to prevent leakage; and
(iv) ensures the integrity of the tissue.
(2) Procedures established.--
(A) In general.--The Secretary of Health and Human
Services shall establish, by rule, requirements for the
approval, suspension, and revocation of non-transplant
tissue bank licenses.
(B) Approval.--The Secretary shall approve a non-
transplant tissue bank license application--
(i) on the basis of a demonstration that--
(I) the human tissue specimens of
the applicant are legally donated,
properly screened for communicable
disease agents, properly labeled,
transported, and stored, and used
according to the donor's donation
authorization;
(II) each facility in which the
human tissue specimens of the applicant
are donated, recovered, processed,
packed, or held meets standards
designed to ensure that the human
tissue specimens do not pose a
communicable disease risk to the
general public; and
(III) the applicant creates,
compiles, and maintains a complete
record on each donor from which it
recovers a human body or human tissue
specimen for educational or research
purposes, which record shall include,
at a minimum--
(aa) documentation
demonstrating that the donor or
the agent making the donation
on the donor's behalf has
knowingly consented to the
anatomical donation for
educational or research
purposes;
(bb) documentation showing
that the donor or the agent
making the donation on the
donor's behalf has been
informed as to whether the body
or human tissue specimens shall
be returned to a relative or
personal representative or
whether the applicant shall
arrange and carry out the
disposition of the human body
or human tissue specimens;
(cc) documentation of the
identity and address of each
entity which has been in
possession of the human body or
human tissue specimen before
the applicant took possession,
such as a funeral home,
coroner, hospital, organ
procurement organization, or
tissue bank; and
(dd) documentation on the
use and disposition of each
human body or human tissue
specimen, including the name
and address of each person or
entity that receives the human
body or human tissue specimen
directly from the applicant;
and
(ii) only if the applicant (or other
appropriate person) consents to the inspection
of the facility that is the subject of the
application, in accordance with subsection (c).
(3) Requirements for exemption.--The Secretary shall
prescribe requirements under which a human tissue specimen
shall be exempt from the requirements of paragraph (1).
(b) Falsely Labeling or Marking Package or Container; Altering
Label or Mark.--No person shall falsely label or mark any package or
container of any human tissue specimen or alter any label or mark on
the package or container of the human tissue specimen so as to falsify
the label or mark.
(c) Inspection of Facilities.--
(1) In general.--Any officer, agent, or employee of the
Department of Health and Human Services, authorized by the
Secretary for the purpose, may during all reasonable hours
enter and inspect any facility that is subject to a non-
transplant tissue bank license under this section.
(2) Inspection by nationally recognized accrediting
bodies.--Any authorized agent of a nationally recognized
accrediting body authorized by the Secretary for the purpose,
may during all reasonable hours enter and inspect any such
facility.
(3) Rule of construction.--Nothing in this Act limits any
existing authority of the Attorney General, any State Attorney
General, or local law enforcement to enter and inspect any such
facility.
(d) Recall of Specimen Presenting Imminent Hazard; Violations.--
(1) Recall.--Upon a determination that a human tissue
specimen or collection of specimens of a tissue bank licensed
under this section presents an imminent or substantial hazard
to the public health, the Secretary shall issue an order
immediately ordering the recall of such batch, lot, or other
quantity of such product. An order under this paragraph shall
be issued in accordance with section 554 of title 5, United
State Code.
(2) Violations.--Any violation of a recall order under
paragraph (1) shall subject the violator to a civil penalty of
up to $10,000 per day of violation. The amount of a civil
penalty under this paragraph shall, effective December 1 of
each calendar year beginning 1 year or more after the effective
date of this paragraph, be increased by the percent change in
the Consumer Price Index for the base quarter of such year over
the Consumer Price Index for the base quarter of the preceding
year, adjusted to the nearest \1/10\ of 1 percent. For purposes
of this paragraph, the term ``base quarter'', as used with
respect to a year, means the calendar quarter ending on
September 30 of such year, and the price index for a base
quarter is the arithmetical mean of such index for the 3 months
comprising such quarter.
(e) Prohibitions of Sales and Purchases of Human Tissue Specimen.--
It shall be unlawful for any person to knowingly sell, acquire,
receive, or otherwise transfer any human tissue specimen for valuable
consideration if the transfer affects interstate commerce.
(f) Penalties for Offenses.--Whoever violates any of the provisions
of this section shall be imprisoned not more than 1 year, or fined not
more than $10,000, or both. Section 3571 of title 18, United States
Code, shall not apply to an offense under this section.
(g) Construction With Other Laws.--Nothing in this Act (other than
subsection (f)) shall be construed as in any way affecting, modifying,
repealing, or superseding any other provision of Federal law.
(h) Definitions.--For the purposes of this section:
(1) Unless the context indicates otherwise, the term
``agent'' means the person who is expressly authorized to make
an anatomical donation on the donor's behalf under State law.
(2) The term ``donor'' means a person whose body or whose
human tissue specimen is the subject of an anatomical donation.
(3) The term ``human tissue specimen''--
(A) means legally donated anatomical segments,
cells, or body fluids (including a complete body) that
are recovered for medical research or education; and
(B) does not include a biological product (as
defined in section 351 of the Public Health Services
Act (42 U.S.C. 262)).
(4) The term ``valuable consideration'' means something of
value, but does not include the reasonable payments associated
with the removal, transportation, processing, preservation,
quality control, storage, and lawful disposition of human
tissue specimens. | Label and Transport Tissues Safely Act of 2017 or the LATTS Act of 2017 This bill prohibits the sale of human tissue for research or education unless the seller has a non-transplant tissue bank license, each package of tissue is labeled with specified information, and each package is wrapped in the prescribed manner. The Department of Health and Human Services (HHS) shall establish a process for the approval, suspension, and revocation of non-transplant tissue bank licenses. False labeling of packages of human tissue is prohibited. HHS or any accrediting body authorized by HHS is allowed to enter and inspect any facility that is subject to a non-transplant tissue bank license. HHS shall recall any human tissue specimen that is an imminent or substantial hazard to public health. The bill makes it unlawful to knowingly sell or otherwise transfer any human tissue specimen if the transfer affects interstate commerce. | {"src": "billsum_train", "title": "Label and Transport Tissues Safely Act of 2017"} | 1,754 | 202 | 0.647682 | 1.889968 | 0.819538 | 3.656805 | 9.781065 | 0.87574 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Research and Development
Coordination Act of 2011''.
SEC. 2. COMPREHENSIVE PLAN FOR ENERGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.
(a) In General.--Section 6 of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5905) is amended--
(1) by striking the section heading and all that follows
through the end of subsection (a) and inserting the following:
``SEC. 6. COMPREHENSIVE PLANNING AND PROGRAMMING.
``(a) Comprehensive Plan.--
``(1) In general.--The Secretary, in consultation with the
National Energy Research Coordination Council established under
section 18, shall submit to Congress, along with the annual
submission of the budget by the President under section 1105 of
title 31, United States Code, a comprehensive plan for energy
research, development, and demonstration programs across the
Federal Government.
``(2) Relationship to other reviews.--The plan--
``(A) shall be based on the most recent Quadrennial
Energy Review prepared under section 801 of the
Department of Energy Organization Act (42 U.S.C. 7321);
and
``(B) may take into account key energy developments
since the most recent Quadrennial Energy Review.
``(3) Revisions.--The plan shall be appropriately revised
annually in accordance with section 15(a).
``(4) Goals.--The plan shall be designed to achieve
solutions to problems in energy supply, transmission, and use
(including associated environmental problems) in--
``(A) the immediate and short-term (the period up
to 5 years after submission of the plan);
``(B) the medium-term (the period from 5 years to
15 years after submission of the plan); and
``(C) the long-term (the period beyond 15 years
after submission of the plan).''; and
(2) in subsection (b), by striking ``(b)(1)'' and all that
follows through the end of paragraph (1) and inserting the
following:
``(b) Department of Energy Program.--
``(1) Program.--
``(A) In general.--Based on the comprehensive plan
developed under subsection (a), the Secretary shall
develop and submit to Congress, along with the annual
budget submission for the Department, a detailed
description of an energy research, development, and
demonstration program to implement the aspects of the
comprehensive plan appropriate to the Department.
``(B) Updates.--The program shall be updated and
transmitted to Congress annually as a part of the
report required under section 15.''.
(b) Reports.--Section 15 of the Federal Nonnuclear Energy Research
and Development Act of 1974 (42 U.S.C. 5914) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``this Act'' and
inserting ``this Act and the plan under this Act'';
(B) in paragraph (2), by striking ``nuclear and
nonnuclear''; and
(C) in paragraph (3), by striking ``nonnuclear'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``nonnuclear'' and inserting ``energy''; and
(B) in paragraph (1), by striking ``objections''
and inserting ``objectives''; and
(3) by striking subsection (c) and inserting the following:
``(c) Administration.--Section 3003 of the Federal Reports
Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; Public Law
104-66) shall not apply to this section.''.
SEC. 3. COORDINATION AND REDUCTION OF DUPLICATION OF ENERGY RESEARCH,
DEVELOPMENT, AND DEMONSTRATION ACTIVITIES.
The Federal Nonnuclear Energy Research and Development Act of 1974
(42 U.S.C. 5901 et seq.) is amended by adding at the end the following:
``SEC. 18. COORDINATION AND REDUCTION OF DUPLICATION OF ENERGY
RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACTIVITIES.
``(a) Definitions.--In this section:
``(1) Annual budget submission.--The term `annual budget
submission' means the budget proposal of the President
transmitted under section 1105 of title 31, United States Code.
``(2) Chairpersons.--The term `Chairpersons' means --
``(A) the Director of the Office of Science and
Technology Policy; and
``(B) the Secretary.
``(3) Comprehensive plan.--The term `comprehensive plan'
means the comprehensive plan for energy research, development,
and demonstration developed under sections 6(a) and 15(a).
``(4) Council.--The term `Council' means the National
Energy Research Coordination Council established under
subsection (b).
``(5) Energy program agency.--The term `energy program
agency' means an executive department or agency for which the
annual expenditure budget for energy research, development, and
demonstration activities, including activities described in
section 6(b), exceeds $10,000,000.
``(b) National Energy Research Coordination Council.--
``(1) Establishment.--There is established within the
Department a National Energy Research Coordination Council to
coordinate the development and funding of energy research,
development, and demonstration activities for all energy
program agencies.
``(2) Composition.--The Council shall be composed of--
``(A) the Director of the Office of Science and
Technology Policy and the Secretary, who shall jointly
serve as Chairpersons of the Council;
``(B) the Director of the Office of Management and
Budget;
``(C) the head of any energy program agency; and
``(D) such other officers or employees of executive
departments and agencies as the President may, from
time to time, designate.
``(c) National Energy Research, Development, and Demonstration
Program Budget.--
``(1) In general.--The Chairpersons shall--
``(A) in coordination with the Council, establish
for each fiscal year a consolidated budget proposal to
implement the comprehensive plan, taking into account--
``(i) applicable recommendations of the
National Academy of Sciences under this Act;
and
``(ii) the need to avoid unnecessary
duplication of programs across Federal
agencies;
``(B) provide budget guidance, coordination, and
review in the development of energy research,
development, and demonstration budget requests
submitted to the Office of Management and Budget by
each energy program agency; and
``(C) submit to the President and Congress the
consolidated budget proposal under subparagraph (A) as
part of the annual budget submission.
``(2) Timing and format of budget requests.--The head of
each energy program agency shall ensure timely budget
development and submission to the Chairpersons of energy
research, development, and demonstration budget requests, in
such format as may be determined by the Chairpersons with the
concurrence of the Director of the Office of Management and
Budget.
``(d) Coordination of Implementation.--The Chairpersons, in
consultation with the Council, shall--
``(1) establish objectives and priorities for energy
research, development, and demonstration functions under this
Act;
``(2) review the implementation of the comprehensive plan
in all energy program agencies;
``(3) make such recommendations to the President as the
Chairpersons determine are appropriate regarding changes in the
organization, management, and budgets of energy program
agencies--
``(A) to implement the policies, objectives, and
priorities established under paragraph (1) and the
comprehensive plan; and
``(B) to avoid unnecessary duplication of programs
across Federal agencies; and
``(4) notify the head of an energy program agency if the
policies or activities of the energy program agency are not in
compliance with the responsibilities of the energy program
agency under the comprehensive plan.
``(e) Reports From the National Academy of Sciences.--
``(1) In general.--The Secretary, in consultation with the
Council, may enter into appropriate arrangements with the
National Academy of Sciences under which the Academy shall
prepare reports that evaluate and provide recommendations with
respect to specific areas of energy research, development, and
demonstration, including areas described in section 6(b) and
fundamental science and engineering research supporting those
areas.
``(2) Submission to congress.--The Secretary shall submit
to Congress a copy of each report prepared under this
subsection.
``(f) Independent Administration of Council.--
``(1) Location.--The physical location of the Council shall
be separate and distinct from the headquarters of the
Department.
``(2) Budget.--The Secretary shall submit the budget of the
Council as a separate and distinct element of the budget
submission of the Department for a fiscal year.
``(3) Personnel.--
``(A) In general.--The Secretary shall ensure that
the Council has necessary administrative support and
personnel of the Department to carry out this section.
``(B) Council personnel.--
``(i) In general.--The Chairpersons shall
select, appoint, employ, and fix the
compensation of such officers and employees of
the Council as are necessary to carry out the
functions of the Council.
``(ii) Authority.--Each officer or employee
of the Council--
``(I) shall be responsible to and
subject to the authority, direction,
and control of the Chairpersons, acting
through an Executive Director appointed
by the Chairpersons or the designee of
the Executive Director; and
``(II) shall not be responsible to,
or subject to the authority, direction,
or control of, any other officer,
employee, or agent of the Department or
Office of Science and Technology
Policy.
``(C) Prohibition on dual office holding.--An
individual may not concurrently hold or carry out the
responsibilities of--
``(i) a position within the Council; and
``(ii) a position within the Department or
Office of Science and Technology Policy that is
not within the Council.
``(g) GAO Review of Effectiveness of Council.--Not later than 3
years after the date of enactment of this section and every 3 years
thereafter, the Comptroller General of the United States shall submit
to Congress a management assessment of the Council, including an
assessment of whether the Council is--
``(1) adequately staffed with personnel with necessary
skills;
``(2) properly coordinating and disseminating policy and
budget information to the energy program agencies and managers
on an effective and timely basis; and
``(3) aligning the overall energy research, development,
and demonstration budget so as to achieve the comprehensive
plan and avoid unnecessary duplication of programs across
Federal agencies.''. | Energy Research and Development Coordination Act of 2011 - Amends the Federal Nonnuclear Energy Research and Development Act of 1974 to direct the Secretary of Energy to submit to Congress, along with the President's annual budget proposal, a comprehensive plan for federal energy research, development, and demonstration programs based on the most recent Quadrennial Energy Review.
Requires the plan to be designed to solve problems in energy supply, transmission, and use (including associated environmental problems) in the immediate and short-term, medium-term, and long-term.
Directs the Secretary to submit to Congress, along with the annual budget proposal of the Department of Energy (DOE), a detailed description of an energy research, development, and demonstration program to implement the aspects of the comprehensive plan appropriate to the DOE.
Establishes a National Energy Research Coordination Council within the DOE to coordinate the development and funding of energy research, development, and demonstration activities for all energy program agencies.
Requires the Chairpersons of the Council to establish a consolidated budget proposal each fiscal year to implement the comprehensive plan for federal energy research, development, and demonstration programs.
Requires the physical location of the Council to be separate and distinct from DOE headquarters. | {"src": "billsum_train", "title": "A bill to amend the Federal Nonnuclear Energy Research and Development Act of 1974 to provide for the prioritization, coordination, and streamlining of energy research, development, and demonstration programs to meet current and future energy needs, and for other purposes."} | 2,415 | 262 | 0.683532 | 1.756764 | 0.862902 | 4.901709 | 9.57265 | 0.944444 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``UNRWA Anti-
Incitement and Anti-Terrorism Act''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. United States contributions to UNRWA.
Sec. 4. Sense of Congress.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The total annual budget of the United Nations Relief
and Works Agency for Palestine Refugees in the Near East
(UNRWA), including its core programs, emergency activities, and
special projects, exceeds $1,400,000,000.
(2) The United States has long been the largest single
contributing country to UNRWA.
(3) From 1950 to 2014, the United States has contributed
over $5,250,000,000 to UNRWA, including an average of over
$277,000,000 per year between fiscal years 2009 and 2015.
(4) UNRWA staff unions, including the teachers' union, are
frequently controlled by members affiliated with Hamas.
(5) The curriculum of UNRWA schools, which use the
textbooks of their respective host governments or authorities,
has long contained materials that are anti-Israel, anti-
Semitic, and supportive of violent extremism.
(6) Despite UNRWA's contravention of United States law and
activities that compromise its strictly humanitarian mandate,
UNRWA continues to receive United States contributions,
including $408,751,396 in 2014.
(7) Assistance from the United States and other responsible
nations allows UNRWA to claim that criticisms of the agency's
behavior are unfounded. UNRWA spokesman Christopher Gunness has
dismissed concerns by stating that, ``If these baseless
allegations were even halfway true, do you really think the
U.S. and [European Commission] would give us hundreds of
millions of dollars per year?''.
(8) Former UNRWA general counsel James Lindsay noted in a
2009 report the following:
(A) ``The United States, despite funding nearly 75
percent of UNRWA's national budget and remaining its
largest single country donor, has mostly failed to make
UNRWA reflect U.S. foreign policy objectives . . .
Recent U.S. efforts to shape UNRWA appear to have been
ineffective . . .''.
(B) ``[T]he United States is not obligated to fund
agencies that refuse to check its rolls for individuals
their donors do not wish to support.''.
(C) ``A number of changes in UNRWA could benefit
the refugees, the Middle East, and the United States,
but those changes will not occur unless the United
States, ideally with support from UNRWA's other main
financial supporter, the European Union, compels the
agency to enact reforms.''.
(D) ``If the [UNRWA commissioner-general's] power
is used in ways that are [in] conflict with the donors'
political objectives, it is up to the donors to take
the necessary actions to ensure that their interests
are respected. When they have done so, UNRWA--given the
tight financial leash it has been on for most of its
existence--has tended to follow their dictates, even if
sometimes slowly.''.
(9) During Israel's Operation Protective Edge in 2014 in
response to Hamas rocket attacks against Israel, UNRWA's
Commissioner General gave a press briefing ignoring the
extraordinary efforts Israel goes to avoid civilian casualties,
and not once in the nearly 1,100 word statement mentioning
Hamas or condemning Hamas' use of Palestinian children, women,
and men as human shields in violation of international
humanitarian law.
(10) On July 16, 2014, UNRWA reported that it had found 20
missiles in one of its schools in Gaza, likely placed there by
Hamas, and then instead of dismantling the missiles, UNRWA
returned them to the ``relevant authorities'' in Gaza, and
since Hamas controls Gaza, it likely turned them back over to
Hamas.
(11) On July 22, 2014, UNRWA reported that it had found a
second instance in which missiles were stockpiled in one of its
schools in Gaza, and again failed to condemn Hamas publicly.
(12) On July 29, 2014, UNRWA confirmed that, for the third
time in less than a month, a stockpile of Hamas rockets was
found in one of its schools in Gaza, establishing a pattern of
Hamas weapons being stored in UNRWA facilities, and calling
into question UNRWA's claim of being caught unawares to Hamas'
actions.
(13) On July 30, 2014, three Israeli Defense Force soldiers
were killed in an explosion at a booby-trapped UNRWA health
clinic, which was housing the opening to one of Hamas'
underground tunnels.
(14) On July 30, 2014, John Ging, head of UNRWA from 2006-
2011, when asked if Hamas has been using human shields and
using United Nations schools and hospitals to store weapons and
as a shelter from which to launch missiles into Israel, stated
in an interview, ``Yes, the armed groups are firing their
rockets into Israel from the vicinity of UN facilities and
residential areas. Absolutely.''.
(15) During Operation Protective Edge in Gaza, UNRWA
repeatedly distorted the facts and accused Israel of targeting
Palestinian women and children based off of the casualty
numbers provided to it by Gaza's Hamas-run Health Ministry,
which has been shown to have deliberately lied about the
casualty numbers.
(16) On September 1, 2015, the nongovernmental
organization, UN Watch, published a report which documented 12
different Facebook accounts operated by UNRWA officials that
openly incite to anti-Semitism and violence, including Ahmed
Fathi Bader, who identified himself as a Deputy School
Principal at UNRWA and who praised the murder of ``a group of
collaborators with the Jews''.
(17) On October 16, 2015, UN Watch published a report
entitled ``Report on UNRWA Teachers and Other Officials
Inciting Violence & Antisemitism'', identifying an additional
10 UNRWA individuals that openly incite to anti-Semitism and
violence, including Hani Al Ramahi, who identified himself as a
``Projects Support Assistant at UNRWA'', and who posted an
image that encouraged Palestinians to ``stab Zionist dogs''.
(18) On October 20, 2015, the United Nations Secretary-
General's Deputy Spokesman's office, in response to a question
regarding the UNRWA allegations raised in the UN Watch reports,
stated that ``in a number of cases so far, the Agency has found
staff Facebook postings to be in violation of its social media
rules . . . the staff have been subject to both remedial and
disciplinary action, including suspension and loss of pay. The
remaining allegations are under assessment''.
(19) As of October 21, 2015, there have been at least 9
Israelis killed and dozens more injured in at least 44 violent
attacks in Israel and the Palestinian territories since
September 13, 2015.
SEC. 3. UNITED STATES CONTRIBUTIONS TO UNRWA.
Section 301 of the Foreign Assistance Act of 1961 (22 U.S.C. 2221)
is amended by striking subsection (c) and inserting the following new
subsection:
``(c)(1) Withholding.--Contributions by the United States to the
United Nations Relief and Works Agency for Palestine Refugees in the
Near East (UNRWA), to any successor or related entity, or to the
regular budget of the United Nations for the support of UNRWA or a
successor entity (through staff positions provided by the United
Nations Secretariat or otherwise), may be provided only during a period
for which a certification described in paragraph (2) is in effect.
``(2) Certification.--A certification described in this paragraph
is a written determination by the Secretary of State, based on all
information available after diligent inquiry, and transmitted to the
appropriate congressional committees along with a detailed description
of the factual basis therefore, that--
``(A) no official, employee, consultant, contractor,
subcontractor, representative, or affiliate of UNRWA--
``(i) is a member of a foreign terrorist
organization;
``(ii) has propagated, disseminated, or incited
anti-American, anti-Israel, or anti-Semitic rhetoric or
propaganda; or
``(iii) has used any UNRWA resources, including
publications or Web sites, to propagate or disseminate
political materials, including political rhetoric
regarding the Israeli-Palestinian conflict;
``(B) no UNRWA school, hospital, clinic, other facility, or
other infrastructure or resource is being used by a foreign
terrorist organization for operations, planning, training,
recruitment, fundraising, indoctrination, communications,
sanctuary, storage of weapons or other materials, or as an
access point to any underground tunnel network, or any other
purposes;
``(C) UNRWA is subject to comprehensive financial audits by
an internationally recognized third party independent auditing
firm and has implemented an effective system of vetting and
oversight to prevent the use, receipt, or diversion of any
UNRWA resources by any foreign terrorist organization or
members thereof;
``(D) no UNRWA-funded school or educational institution
uses textbooks or other educational materials that propagate or
disseminate anti-American, anti-Israel, or anti-Semitic
rhetoric, propaganda or incitement;
``(E) no recipient of UNRWA funds or loans is a member of a
foreign terrorist organization; and
``(F) UNRWA holds no accounts or other affiliations with
financial institutions that the United States deems or believes
to be complicit in money laundering and terror financing.
``(3) Definitions.--In this section:
``(A) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(i) the Committee on Foreign Affairs, the
Committee on Appropriations, and the Committee on
Oversight and Government Reform of the House of
Representatives; and
``(ii) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on
Homeland Security and Governmental Affairs of the
Senate.
``(B) Foreign terrorist organization.--The term `foreign
terrorist organization' means an organization designated as a
foreign terrorist organization by the Secretary of State in
accordance with section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
``(4) Effective Duration of Certification.--The certification
described in paragraph (2) shall be effective for a period of 180 days
from the date of transmission to the appropriate congressional
committees, or until the Secretary receives information rendering that
certification factually inaccurate, whichever is earliest. In the event
that a certification becomes ineffective, the Secretary shall promptly
transmit to the appropriate congressional committees a description of
any information that precludes the renewal or continuation of the
certification.
``(5) Limitation.--During a period for which a certification
described in paragraph (2) is in effect, the United States may not
contribute to UNRWA or a successor entity an amount on an annual basis
that--
``(A) is greater than the highest annual contribution to
UNRWA made by a member country of the League of Arab States for
the same year;
``(B) as a proportion of the total UNRWA budget, exceeds
the proportion of the total budget for the United Nations High
Commissioner for Refugees (UNHCR) paid by the United States; or
``(C) exceeds 22 percent of the total budget of UNRWA.''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President and the Secretary of State should lead a
high-level diplomatic effort to encourage other responsible
nations to withhold contributions to the United Nations Relief
and Works Agency for Palestine Refugees in the Near East
(UNRWA), to any successor or related entity, or to the regular
budget of the United Nations for the support of UNRWA or a
successor entity (through staff positions provided by the
United Nations Secretariat or otherwise) until UNRWA has met
the conditions listed in subparagraphs (A) through (F) of
section 301(c)(2) of the Foreign Assistance Act of 1961 (as
added by section 3 of this Act);
(2) citizens of recognized states should be removed from
UNRWA's jurisdiction;
(3) UNRWA's definition of a ``Palestine refugee'' should be
changed to that used for a refugee by the Office of the United
Nations High Commissioner for Refugees; and
(4) in order to alleviate the suffering of Palestinian
refugees, responsibility for those refugees should be fully
transferred to the Office of the United Nations High
Commissioner for Refugees. | UNRWA Anti-Incitement and Anti-Terrorism Act This bill amends the Foreign Assistance Act of 1961 to withhold U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or to any successor or related entity, or to the regular budget of the United Nations (U.N.) for the support of UNRWA or a successor entity, unless the Department of State certifies to Congress that: no UNRWA official, employee, representative, or affiliate is a member of a foreign terrorist organization, has propagated anti-American, anti-Israel, or anti-Semitic rhetoric, or has used UNRWA resources to propagate political materials regarding the Israeli-Palestinian conflict; no UNRWA facility is used by a foreign terrorist organization; no UNRWA school uses educational materials that propagates anti-American, anti-Israel, or anti-Semitic rhetoric; no recipient of UNRWA funds or loans is a member of a foreign terrorist organization; UNRWA is subject to auditing oversight; and UNRWA holds no accounts or other affiliations with financial institutions deemed by the United States to be complicit in money laundering and terror financing. U.S. contributions to UNRWA are limited during the period for which a certification is in effect. It is the sense of Congress that: the President and the Department should lead a diplomatic effort to encourage other nations to withhold contributions to UNRWA, or to the regular budget of the U.N. for the support of UNRWA, until UNRWA has met these conditions; citizens of recognized states should be removed from UNRWA's jurisdiction; UNRWA's definition of a "Palestine refugee" should be changed to that used for a refugee by the Office of the United Nations High Commissioner for Refugees (UNHCR); and responsibility for the Palestinian refugees should be fully transferred to UNHCR. | {"src": "billsum_train", "title": "UNRWA Anti-Incitement and Anti-Terrorism Act"} | 2,881 | 436 | 0.518672 | 1.982384 | 0.584355 | 5.508621 | 7.491379 | 0.933908 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Systemic Risk Designation
Improvement Act of 2016''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by striking
the item relating to section 113 and inserting the following:
``Sec. 113. Authority to require enhanced supervision and regulation of
certain nonbank financial companies and
certain bank holding companies.''.
SEC. 3. REVISIONS TO COUNCIL AUTHORITY.
(a) Purposes and Duties.--Section 112 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5322) is amended in
subsection (a)(2)(I) by inserting before the semicolon ``, which have
been the subject of a final determination under section 113''.
(b) Bank Holding Company Designation.--Section 113 of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323)
is amended--
(1) by amending the heading for such section to read as
follows: ``authority to require enhanced supervision and
regulation of certain nonbank financial companies and certain
bank holding companies'';
(2) by redesignating subsections (c), (d), (e), (f), (g),
(h), and (i) as subsections (d), (e), (f), (g), (h), (i), and
(j), respectively;
(3) by inserting after subsection (b) the following:
``(c) Bank Holding Companies Subject to Enhanced Supervision and
Prudential Standards Under Section 165.--
``(1) Determination.--The Council, on a nondelegable basis
and by a vote of not fewer than \2/3\ of the voting members
then serving, including an affirmative vote by the Chairperson,
may determine that a bank holding company shall be subject to
enhanced supervision and prudential standards by the Board of
Governors, in accordance with section 165, if the Council
determines, based on the considerations in paragraph (2), that
material financial distress at the bank holding company, or the
nature, scope, size, scale, concentration, interconnectedness,
or mix of the activities of the bank holding company, could
pose a threat to the financial stability of the United States.
``(2) Considerations.--In making a determination under
paragraph (1), the Council shall use the indicator-based
measurement approach established by the Basel Committee on
Banking Supervision to determine systemic importance, which
considers--
``(A) the size of the bank holding company;
``(B) the interconnectedness of the bank holding
company;
``(C) the extent of readily available substitutes
or financial institution infrastructure for the
services of the bank holding company;
``(D) the global cross-jurisdictional activity of
the bank holding company; and
``(E) the complexity of the bank holding company.
``(3) GSIBs designated by operation of law.--
Notwithstanding any other provision of this subsection, a bank
holding company that is designated, as of the date of enactment
of this subsection, as a Global Systemically Important Bank by
the Financial Stability Board shall be deemed to have been the
subject of a final determination under paragraph (1).'';
(4) in subsection (d), as so redesignated--
(A) in paragraph (1)(A), by striking ``subsection
(a)(2) or (b)(2)'' and inserting ``subsection (a)(2),
(b)(2), or (c)(2)''; and
(B) in paragraph (4), by striking ``Subsections (d)
through (h)'' and inserting ``Subsections (e) through
(i)'';
(5) in subsections (e), (f), (g), (h), (i), and (j)--
(A) by striking ``subsections (a) and (b)'' each
place such term appears and inserting ``subsections
(a), (b), and (c)''; and
(B) by striking ``nonbank financial company'' each
place such term appears and inserting ``bank holding
company for which there has been a determination under
subsection (c) or nonbank financial company'';
(6) in subsection (g), as so redesignated, by striking
``subsection (e)'' and inserting ``subsection (f)'';
(7) in subsection (h), as so redesignated, by striking
``subsection (a), (b), or (c)'' and inserting ``subsection (a),
(b), (c), or (d)''; and
(8) in subsection (i), as so redesignated, by striking
``subsection (d)(2), (e)(3), or (f)(5)'' and inserting
``subsection (e)(2), (f)(3), or (g)(5)''.
(c) Enhanced Supervision.--Section 115 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended--
(1) in subsection (a)(1), by striking ``large,
interconnected bank holding companies'' and inserting ``bank
holding companies which have been the subject of a final
determination under section 113'';
(2) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``; or'' at
the end and inserting a period;
(B) by striking ``the Council may'' and all that
follows through ``differentiate'' and inserting ``the
Council may differentiate''; and
(C) by striking subparagraph (B); and
(3) in subsection (b)(3), by striking ``subsections (a) and
(b) of section 113'' each place such term appears and inserting
``subsections (a), (b), and (c) of section 113''.
(d) Reports.--Section 116(a) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5326(a)) is amended by striking
``with total consolidated assets of $50,000,000,000 or greater'' and
inserting ``which has been the subject of a final determination under
section 113''.
(e) Mitigation.--Section 121 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5331) is amended--
(1) in subsection (a), by striking ``with total
consolidated assets of $50,000,000,000 or more'' and inserting
``which has been the subject of a final determination under
section 113''; and
(2) in subsection (c), by striking ``subsection (a) or (b)
of section 113'' and inserting ``subsection (a), (b), or (c) of
section 113''.
(f) Office of Financial Research.--Section 155 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5345) is
amended in subsection (d) by striking ``with total consolidated assets
of 50,000,000,000 or greater'' and inserting ``which have been the
subject of a final determination under section 113''.
SEC. 4. REVISIONS TO BOARD AUTHORITY.
(a) Acquisitions.--Section 163 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5363) is amended by striking
``with total consolidated assets equal to or greater than
$50,000,000,000'' each place such term appears and inserting ``which
has been the subject of a final determination under section 113''.
(b) Management Interlocks.--Section 164 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5364) is amended
by striking ``with total consolidated assets equal to or greater than
$50,000,000,000'' and inserting ``which has been the subject of a final
determination under section 113''.
(c) Enhanced Supervision and Prudential Standards.--Section 165 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5365) is amended--
(1) in subsection (a), by striking ``with total
consolidated assets equal to or greater than $50,000,000,000''
and inserting ``which have been the subject of a final
determination under section 113'';
(2) in subsection (a)(2)--
(A) by striking ``(A) In general.--''; and
(B) by striking subparagraph (B);
(3) by striking ``subsections (a) and (b) of section 113''
each place such term appears and inserting ``subsections (a),
(b), and (c) of section 113''; and
(4) in subsection (j), by striking ``with total
consolidated assets equal to or greater than $50,000,000,000''
and inserting ``which has been the subject of a final
determination under section 113''.
(d) Conforming Amendment.--The second subsection (s) (relating to
``Assessments, Fees, and Other Charges for Certain Companies'') of
section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended--
(1) by redesignating such subsection as subsection (t); and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``having total
consolidated assets of $50,000,000,000 or more;'' and
inserting ``which have been the subject of a final
determination under section 113 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act; and'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B).
SEC. 5. EFFECTIVE DATE; RULE OF APPLICATION.
(a) Effective Date.--The Financial Stability Oversight Council may
begin proceedings with respect to a bank holding company under section
113(c)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, as added by this Act, on the date of the enactment of this Act,
but may not make a final determination under such section 113(c)(1)
with respect to a bank holding company before the end of the 1-year
period beginning on the date of the enactment of this Act.
(b) Immediate Application to Large Bank Holding Companies.--During
the 1-year period described under subsection (a), a bank holding
company with total consolidated assets equal to or greater than
$50,000,000,000 shall be deemed to have been the subject of a final
determination under section 113(c)(1) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act.
SEC. 6. EXISTING ASSESSMENT TERMINATION SCHEDULE.
(a) Temporary Extension of Existing Assessment.--
(1) In general.--Each bank holding company with total
consolidated assets equal to or greater than $50,000,000,000
and which has not been the subject of a final determination
under section 113 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5323) shall be subject to
assessments to the same extent as a bank holding company that
has been subject to such a final determination.
(2) Limitation on amount of assessments.--The aggregate
amount collected pursuant to paragraph (1) from all bank
holding companies assessed under such paragraph shall be
$115,000,000.
(3) Expedited assessments.--If necessary, the Secretary of
the Treasury shall expedite assessments made pursuant to
paragraph (1) to ensure that all $115,000,000 of assessments
permitted by paragraph (2) is collected before fiscal year
2018.
(4) Payment period options.--The Secretary of the Treasury
shall offer the option of payments spread out before the end of
fiscal year 2018, or shorter periods including the option of a
one-time payment, at the discretion of each bank holding
company paying assessments pursuant to paragraph (1).
(b) Use of Assessments.--Of the total amount collected pursuant to
subsection (a)--
(1) $60,000,000 shall be transferred to the Financial
Stability Oversight Council to pay for any administrative costs
resulting from this Act and the amendments made by this Act;
and
(2) $55,000,000 shall be transferred to the Federal Deposit
Insurance Corporation to pay for any resolution costs resulting
from this Act and the amendments made by this Act.
(c) Treatment Upon Determination.--A bank holding company assessed
under this section shall no longer be subject to such assessments in
the event it is subject to a final determination under section 113 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5323). Any prior payments made by such a banking holding company
pursuant to an assessment under this section shall be nonrefundable.
(d) Rule of Construction.--A bank holding company deemed to have
been the subject of a final determination under section 113 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5323) under section 5(b) shall not be subject to assessments under
subsection (a) solely by operation of section 5(b). | Systemic Risk Designation Improvement Act of 2016 This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to authorize the Financial Stability Oversight Council (FSOC) to subject a bank holding company to enhanced supervision and prudential standards by the Board of Governors of the Federal Reserve System if FSOC makes a final determination that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of its activities, could threaten the financial stability of the United States. This FSOC determination procedure replaces the current process under which bank holding companies with total consolidated assets of $50 billion or more are automatically subject to such enhanced supervision and prudential standards. FSOC's determination must be based upon specified factors, using an indicator-based measurement approach established by the Basel Committee on Banking Supervision to determine systemic importance. A bank holding company designated as a Global Systemically Important Bank by the Financial Stability Board, as of this bill's enactment, shall be deemed to have been the subject of a final determination that it could pose a threat to U.S. financial stability for any of those reasons. | {"src": "billsum_train", "title": "Systemic Risk Designation Improvement Act of 2016"} | 3,037 | 261 | 0.580222 | 1.870769 | 0.795629 | 4.911628 | 12.47907 | 0.865116 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Privacy Act of
1994''.
SEC. 2. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--The Congress finds the following:
(1) The social security account number is a very effective
and powerful method of identifying individuals in modern
society and its use must therefor be restricted if reasonable
levels of privacy are to be maintained.
(2) Numerous citizens concerned for their privacy have
petitioned the Congress that use of their social security
account numbers at all levels of government be restricted.
(b) Declaration of Policy.--It is therefore the policy of the
Congress to restrict the use of the social security account number to
purposes most directly related to social security and other social
services.
SEC. 3. RESTRICTIONS ON USE OF SOCIAL SECURITY ACCOUNT NUMBERS.
(a) In General.--So much of section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) as precedes clause (iii) is
amended to read as follows:
``(C)(i) Except to the extent otherwise provided in this subsection
or to the extent otherwise provided in any other provision of Federal
law specifically referring to this subparagraph, it shall be unlawful
for the Federal Government, any State (or political subdivision
thereof), or any agency thereof--
``(I) to deny to any individual any right, benefit, or
privilege provided by law because of such individual's refusal
to disclose his or her social security account number assigned
by the Secretary, or
``(II) to utilize, without the individual's written
consent, any number consisting in whole or in part of the
individual's social security account number assigned by the
Secretary, or any derivitive thereof, for purposes of
identifying the individual.
Any Federal, State, or local government agency which requests an
individual to disclose his or her social security account number shall
inform such individual whether that disclosure is mandatory or
voluntary, by what statutory or other authority such number is
solicited, and what uses will be made of it.
``(ii) Any State (or political subdivision thereof) may, in the
administration of any general public assistance law within its
jurisdiction, utilize the social security account numbers issued by the
Secretary for the purpose of establishing the identification of
individuals affected by such law, and may require any individual who is
or appears to be so affected to furnish to such State (or political
subdivision thereof) or any agency thereof having administrative
responsibility for such law, the social security account number (or
numbers, if he or she has more than one such number) issued to him or
her by the Secretary.''.
(b) Additional Amendments.--Section 205(c)(2)(C) of such Act is
further amended--
(1) by striking the clause (iii) added by section
2201(b)(3) of Public Law 101-624 (relating to administration of
section 506 of the Federal Crop Insurance Act); and
(2) in clause (v), by striking ``general public assistance,
driver's license, or motor vehicle registration law'' and
inserting ``general public assistance law'', and by striking
``the laws referred to in clause (i)'' and inserting ``such
law''.
(c) Clerical and Conforming Amendments.--
(1) Section 205(c)(2)(C) of such Act is further amended--
(A) in the first sentence of clause (iv), by
striking ``subclause (I) of'';
(B) by striking the second sentence of clause (iv);
and
(C) by striking the clause (vii) added by section
1735(b) of Public Law 101-264, and, in subclause (IV)
of the remaining clause (vii), by inserting ``, or a
request therefor,'' after ``number''.
(2)(A) Section 205(c)(2)(D) of the Social Security Act (42
U.S.C. 405(c)(2)(D)) (relating to requirement of blood donors
to furnish social security account numbers) is repealed.
(B) Section 1141(c) of such Act (42 U.S.C. 1320b-11(c))
(relating to Blood Donor Locator Service) is amended by
inserting ``(if disclosed by the blood donor to the authorized
person making the request)'' after ``social security account
number''.
(3) Section 7 of the Privacy Act of 1974 (Public Law 93-
579; 88 Stat. 1909) is repealed.
(d) Effective Date and Transitional Rules.--
(1) Effective date.--The amendments made by this section
shall take effect January 1, 1995.
(2) State tax laws.--The amendments made by this section
shall not apply with respect to the use, on or after January 1,
1995, by an agency of a State (or a political subdivision
thereof) of an individual's social security account number
disclosed to such State (or political subdivision) before such
date, if--
(A) the disclosure of such number was required
under a tax law of such State (or such political
subdivision) prior to such date,
(B) the disclosure was for the purpose of
maintaining a system of records which was in existence
and operating before such date, and
(C) the use of such number on or after such date is
restricted solely to the administration of such tax
law.
(3) Driver's license and motor vehicle registration.--The
amendments made by this section shall not apply with respect to
driver's licenses issued, or motor vehicle registrations
executed, before January 1, 1995, until the respective renewal
dates thereof on or after such date. | Social Security Privacy Act of 1994 - States that it is the policy of the Congress to restrict the use of social security numbers to purposes most directly related to social security and other social services.
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise current guidelines on State and local government utilization of social security numbers, with changes generally requiring an individual's written consent before such number, or any derivative thereof, may be used for purposes of identifying the individual. | {"src": "billsum_train", "title": "Social Security Privacy Act of 1994"} | 1,275 | 110 | 0.592369 | 1.557779 | 1.211235 | 3.214286 | 11.846939 | 0.846939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Property Rights Protection
Act of 2007''.
SEC. 2. PROHIBITION ON EMINENT DOMAIN ABUSE BY STATES.
(a) In General.--No State or political subdivision of a State shall
exercise its power of eminent domain, or allow the exercise of such
power by any person or entity to which such power has been delegated,
over property to be used for economic development or over property that
is used for economic development within 7 years after that exercise, if
that State or political subdivision receives Federal economic
development funds during any fiscal year in which the property is so
used or intended to be used.
(b) Ineligibility for Federal Funds.--A violation of subsection (a)
by a State or political subdivision shall render such State or
political subdivision ineligible for any Federal economic development
funds for a period of 2 fiscal years following a final judgment on the
merits by a court of competent jurisdiction that such subsection has
been violated, and any Federal agency charged with distributing those
funds shall withhold them for such 2-year period, and any such funds
distributed to such State or political subdivision shall be returned or
reimbursed by such State or political subdivision to the appropriate
Federal agency or authority of the Federal Government, or component
thereof.
(c) Opportunity To Cure Violation.--A State or political
subdivision shall not be ineligible for any Federal economic
development funds under subsection (b) if such State or political
subdivision returns all real property the taking of which was found by
a court of competent jurisdiction to have constituted a violation of
subsection (a) and replaces any other property destroyed and repairs
any other property damaged as a result of such violation.
SEC. 3. PROHIBITION ON EMINENT DOMAIN ABUSE BY THE FEDERAL GOVERNMENT.
The Federal Government or any authority of the Federal Government
shall not exercise its power of eminent domain to be used for economic
development.
SEC. 4. PRIVATE RIGHT OF ACTION.
(a) Cause of Action.--Any (1) owner of private property whose
property is subject to eminent domain who suffers injury as a result of
a violation of any provision of this Act with respect to that property,
or (2) any tenant of property that is subject to eminent domain who
suffers injury as a result of a violation of any provision of this Act
with respect to that property, may bring an action to enforce any
provision of this Act in the appropriate Federal or State court. A
State shall not be immune under the eleventh amendment to the
Constitution of the United States from any such action in a Federal or
State court of competent jurisdiction. In such action, the defendant
has the burden to show by clear and convincing evidence that the taking
is not for economic development. Any such property owner or tenant may
also seek an appropriate relief through a preliminary injunction or a
temporary restraining order.
(b) Limitation on Bringing Action.--An action brought by a property
owner or tenant under this Act may be brought if the property is used
for economic development following the conclusion of any condemnation
proceedings condemning the property of such property owner or tenant,
but shall not be brought later than seven years following the
conclusion of any such proceedings.
(c) Attorneys' Fee and Other Costs.--In any action or proceeding
under this Act, the court shall allow a prevailing plaintiff a
reasonable attorneys' fee as part of the costs, and include expert fees
as part of the attorneys' fee.
SEC. 5. REPORTING OF VIOLATIONS TO ATTORNEY GENERAL.
(a) Submission of Report to Attorney General.--Any (1) owner of
private property whose property is subject to eminent domain who
suffers injury as a result of a violation of any provision of this Act
with respect to that property, or (2) any tenant of property that is
subject to eminent domain who suffers injury as a result of a violation
of any provision of this Act with respect to that property, may report
a violation by the Federal Government, any authority of the Federal
Government, State, or political subdivision of a State to the Attorney
General.
(b) Investigation by Attorney General.--Upon receiving a report of
an alleged violation, the Attorney General shall conduct an
investigation to determine whether a violation exists.
(c) Notification of Violation.--If the Attorney General concludes
that a violation does exist, then the Attorney General shall notify the
Federal Government, authority of the Federal Government, State, or
political subdivision of a State that the Attorney General has
determined that it is in violation of the Act. The notification shall
further provide that the Federal Government, State, or political
subdivision of a State has 90 days from the date of the notification to
demonstrate to the Attorney General either that (1) it is not in
violation of the Act or (2) that it has cured its violation by
returning all real property the taking of which the Attorney General
finds to have constituted a violation of the Act and replacing any
other property destroyed and repairing any other property damaged as a
result of such violation.
(d) Attorney General's Bringing of Action To Enforce Act.--If, at
the end of the 90-day period described in subsection (c), the Attorney
General determines that the Federal Government, authority of the
Federal Government, State, or political subdivision of a state is still
violating the Act or has not cured its violation as described in
subsection (c), then the Attorney General will bring an action to
enforce the Act unless the property owner or tenant who reported the
violation has already brought an action to enforce the Act. In such a
case, the Attorney General shall intervene if it determines that
intervention is necessary in order to enforce the Act. The Attorney
General may file its lawsuit to enforce the Act in the appropriate
Federal or State court. A State shall not be immune under the eleventh
amendment to the Constitution of the United States from any such action
in a Federal or State court of competent jurisdiction. In such action,
the defendant has the burden to show by clear and convincing evidence
that the taking is not for economic development. The Attorney General
may seek any appropriate relief through a preliminary injunction or a
temporary restraining order.
(e) Limitation on Bringing Action.--An action brought by the
Attorney General under this Act may be brought if the property is used
for economic development following the conclusion of any condemnation
proceedings condemning the property of an owner or tenant who reports a
violation of the Act to the Attorney General, but shall not be brought
later than seven years following the conclusion of any such
proceedings.
(f) Attorneys' Fee and Other Costs.--In any action or proceeding
under this Act brought by the Attorney General, the court shall, if the
Attorney General is a prevailing plaintiff, award the Attorney General
a reasonable attorneys' fee as part of the costs, and include expert
fees as part of the attorneys' fee.
SEC. 6. NOTIFICATION BY ATTORNEY GENERAL.
(a) Notification to States and Political Subdivisions.--
(1) Not later than 30 days after the enactment of this Act,
the Attorney General shall provide to the chief executive
officer of each State the text of this Act and a description of
the rights of property owners and tenants under this Act.
(2) Not later than 120 days after the enactment of this
Act, the Attorney General shall compile a list of the Federal
laws under which Federal economic development funds are
distributed. The Attorney General shall compile annual
revisions of such list as necessary. Such list and any
successive revisions of such list shall be communicated by the
Attorney General to the chief executive officer of each State
and also made available on the Internet website maintained by
the United States Department of Justice for use by the public
and by the authorities in each State and political subdivisions
of each State empowered to take private property and convert it
to public use subject to just compensation for the taking.
(b) Notification to Property Owners and Tenants.--Not later than 30
days after the enactment of this Act, the Attorney General shall
publish in the Federal Register and make available on the Internet
website maintained by the United States Department of Justice a notice
containing the text of this Act and a description of the rights of
property owners and tenants under this Act.
SEC. 7. REPORTS.
(a) By Attorney General.--Not later than 1 year after the date of
enactment of this Act, and every subsequent year thereafter, the
Attorney General shall transmit a report identifying States or
political subdivisions that have used eminent domain in violation of
this Act to the Chairman and Ranking Member of the Committee on the
Judiciary of the House of Representatives and to the Chairman and
Ranking Member of the Committee on the Judiciary of the Senate. The
report shall--
(1) identify all private rights of action brought as a
result of a State's or political subdivision's violation of
this Act;
(2) identify all violations reported by property owners and
tenants under section 5(c) of this Act;
(3) identify all lawsuits brought by the Attorney General
under section 5(d) of this Act;
(4) identify all States or political subdivisions that have
lost Federal economic development funds as a result of a
violation of this Act, as well as describe the type and amount
of Federal economic development funds lost in each State or
political subdivision and the Agency that is responsible for
withholding such funds;
(5) discuss all instances in which a State or political
subdivision has cured a violation as described in section 2(c)
of this Act.
(b) Duty of States.--Each State and local authority that is subject
to a private right of action under this Act shall have the duty to
report to the Attorney General such information with respect to such
State and local authorities as the Attorney General needs to make the
report required under subsection (a).
SEC. 8. SENSE OF CONGRESS REGARDING RURAL AMERICA.
(a) Findings.--The Congress finds the following:
(1) The founders realized the fundamental importance of
property rights when they codified the Takings Clause of the
Fifth Amendment to the Constitution, which requires that
private property shall not be taken ``for public use, without
just compensation''.
(2) Rural lands are unique in that they are not
traditionally considered high tax revenue-generating properties
for State and local governments. In addition, farmland and
forest land owners need to have long-term certainty regarding
their property rights in order to make the investment decisions
to commit land to these uses.
(3) Ownership rights in rural land are fundamental building
blocks for our Nation's agriculture industry, which continues
to be one of the most important economic sectors of our
economy.
(4) In the wake of the Supreme Court's decision in Kelo v.
City of New London, abuse of eminent domain is a threat to the
property rights of all private property owners, including rural
land owners.
(b) Sense of Congress.--It is the sense of Congress that the use of
eminent domain for the purpose of economic development is a threat to
agricultural and other property in rural America and that the Congress
should protect the property rights of Americans, including those who
reside in rural areas. Property rights are central to liberty in this
country and to our economy. The use of eminent domain to take farmland
and other rural property for economic development threatens liberty,
rural economies, and the economy of the United States. The taking of
farmland and rural property will have a direct impact on existing
irrigation and reclamation projects. Furthermore, the use of eminent
domain to take rural private property for private commercial uses will
force increasing numbers of activities from private property onto this
Nation's public lands, including its National forests, National parks
and wildlife refuges. This increase can overburden the infrastructure
of these lands, reducing the enjoyment of such lands for all citizens.
Americans should not have to fear the government's taking their homes,
farms, or businesses to give to other persons. Governments should not
abuse the power of eminent domain to force rural property owners from
their land in order to develop rural land into industrial and
commercial property. Congress has a duty to protect the property rights
of rural Americans in the face of eminent domain abuse.
SEC. 9. DEFINITIONS.
In this Act the following definitions apply:
(1) Economic development.--The term ``economic
development'' means taking private property, without the
consent of the owner, and conveying or leasing such property
from one private person or entity to another private person or
entity for commercial enterprise carried on for profit, or to
increase tax revenue, tax base, employment, or general economic
health, except that such term shall not include--
(A) conveying private property--
(i) to public ownership, such as for a
road, hospital, airport, or military base;
(ii) to an entity, such as a common
carrier, that makes the property available to
the general public as of right, such as a
railroad or public facility;
(iii) for use as a road or other right of
way or means, open to the public for
transportation, whether free or by toll;
(iv) for use as an aqueduct, flood control
facility, pipeline, or similar use;
(B) removing harmful uses of land provided such
uses constitute an immediate threat to public health
and safety;
(C) leasing property to a private person or entity
that occupies an incidental part of public property or
a public facility, such as a retail establishment on
the ground floor of a public building;
(D) acquiring abandoned property;
(E) clearing defective chains of title;
(F) taking private property for use by a public
utility; and
(G) redeveloping of a brownfield site as defined in
the Small Business Liability Relief and Brownfields
Revitalization Act (42 U.S.C. 9601(39)).
(2) Federal economic development funds.--The term ``Federal
economic development funds'' means any Federal funds
distributed to or through States or political subdivisions of
States under Federal laws designed to improve or increase the
size of the economies of States or political subdivisions of
States.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, or any other territory or possession of the United
States.
SEC. 10. SEVERABILITY AND EFFECTIVE DATE.
(a) Severability.--The provisions of this Act are severable. If any
provision of this Act, or any application thereof, is found
unconstitutional, that finding shall not affect any provision or
application of the Act not so adjudicated.
(b) Effective Date.--This Act shall take effect upon the first day
of the first fiscal year that begins after the date of the enactment of
this Act, but shall not apply to any project for which condemnation
proceedings have been initiated prior to the date of enactment.
SEC. 11. SENSE OF CONGRESS.
It is the policy of the United States to encourage, support, and
promote the private ownership of property and to ensure that the
constitutional and other legal rights of private property owners are
protected by the Federal Government.
SEC. 12. BROAD CONSTRUCTION.
This Act shall be construed in favor of a broad protection of
private property rights, to the maximum extent permitted by the terms
of this Act and the Constitution.
SEC. 13. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this Act may be construed to supersede, limit, or
otherwise affect any provision of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.).
SEC. 14. RELIGIOUS AND NONPROFIT ORGANIZATIONS.
(a) Prohibition on States.--No State or political subdivision of a
State shall exercise its power of eminent domain, or allow the exercise
of such power by any person or entity to which such power has been
delegated, over property of a religious or other nonprofit organization
by reason of the nonprofit or tax-exempt status of such organization,
or any quality related thereto if that State or political subdivision
receives Federal economic development funds during any fiscal year in
which it does so.
(b) Ineligibility for Federal Funds.--A violation of subsection (a)
by a State or political subdivision shall render such State or
political subdivision ineligible for any Federal economic development
funds for a period of 2 fiscal years following a final judgment on the
merits by a court of competent jurisdiction that such subsection has
been violated, and any Federal agency charged with distributing those
funds shall withhold them for such 2-year period, and any such funds
distributed to such State or political subdivision shall be returned or
reimbursed by such State or political subdivision to the appropriate
Federal agency or authority of the Federal Government, or component
thereof.
(c) Prohibition on Federal Government.--The Federal Government or
any authority of the Federal Government shall not exercise its power of
eminent domain over property of a religious or other nonprofit
organization by reason of the nonprofit or tax-exempt status of such
organization, or any quality related thereto.
SEC. 15. REPORT BY FEDERAL AGENCIES ON REGULATIONS AND PROCEDURES
RELATING TO EMINENT DOMAIN.
Not later than 180 days after the date of the enactment of this
Act, the head of each Executive department and agency shall review all
rules, regulations, and procedures and report to the Attorney General
on the activities of that department or agency to bring its rules,
regulations and procedures into compliance with this Act.
SEC. 16. SENSE OF CONGRESS.
It is the sense of Congress that any and all precautions shall be
taken by the government to avoid the unfair or unreasonable taking of
property away from survivors of Hurricane Katrina who own, were
bequeathed, or assigned such property, for economic development
purposes or for the private use of others. | Private Property Rights Protection Act of 2007 - Prohibits a state or political subdivision from exercising its power of eminent domain, or allowing the exercise of such power by delegation, over property to be used for economic development or over property that is used for economic development within seven years after that exercise, if the state or political subdivision receives federal economic development funds during any fiscal year in which the property is so used or intended to be used.
Prohibits the federal government from exercising its power of eminent domain for economic development.
Establishes a private cause of action for any private property owner or tenant who suffers injury as a result of a violation of this Act. Prohibits state immunity in federal or state court. Sets the statute of limitations at seven years.
Requires the Attorney General to bring an action to enforce this Act in certain circumstances, but prohibits an action brought later than seven years following the conclusion of any condemnation proceedings.
Requires the Attorney General to disseminate information on: (1) the rights of property owners and tenants under this Act; and (2) the federal laws under which federal economic development funds are distributed.
Prohibits a state or political subdivision from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality if that state or political subdivision receives federal economic development funds during any fiscal year.
Prohibits the federal government from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality. | {"src": "billsum_train", "title": "To protect private property rights."} | 3,955 | 361 | 0.690354 | 1.985146 | 0.835799 | 4.941935 | 11.851613 | 0.929032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Rule of Law Act of
2015''.
SEC. 2. PROHIBITION ON FUNDING FOR CERTAIN EXECUTIVE ACTIONS RELATED TO
IMMIGRATION.
(a) Prohibition on Funding Certain Executive Actions.--No funds,
resources, or fees made available to the Secretary of Homeland
Security, or to any other official of a Federal agency, including any
deposits into the ``Immigration Examinations Fee Account'' established
under section 286(m) of the Immigration and Nationality Act (8 U.S.C.
1356(m)), may be used to implement, administer, enforce, or carry out
(including through the issuance of any regulations) any of the policy
changes set forth in the following memoranda (or any substantially
similar policy changes issued or taken on or after January 9, 2015,
whether set forth in memorandum, Executive order, regulation,
directive, or by other action):
(1) The memorandum from the Secretary of Homeland Security
entitled ``Southern Border and Approaches Campaign'' dated
November 20, 2014.
(2) The memorandum from the Secretary of Homeland Security
entitled ``Policies for the Apprehension, Detention and Removal
of Undocumented Immigrants'' dated November 20, 2014.
(3) The memorandum from the Secretary of Homeland Security
entitled ``Secure Communities'' dated November 20, 2014.
(4) The memorandum from the Secretary of Homeland Security
entitled ``Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children and with
Respect to Certain Individuals Who Are the Parents of U.S.
Citizens or Permanent Residents'' dated November 20, 2014.
(5) The memorandum from the Secretary of Homeland Security
entitled ``Expansion of the Provisional Waiver Program'' dated
November 20, 2014.
(6) The memorandum from the Secretary of Homeland Security
entitled ``Policies Supporting U.S. High-Skilled Businesses and
Workers'' dated November 20, 2014.
(7) The memorandum from the Secretary of Homeland Security
entitled ``Families of U.S. Armed Forces Members and
Enlistees'' dated November 20, 2014.
(8) The memorandum from the Secretary of Homeland Security
entitled ``Directive to Provide Consistency Regarding Advance
Parole'' dated November 20, 2014.
(9) The memorandum from the Secretary of Homeland Security
entitled ``Policies to Promote and Increase Access to U.S.
Citizenship'' dated November 20, 2014.
(10) The memorandum from the President entitled
``Modernizing and Streamlining the U.S. Immigrant Visa System
for the 21st Century'' dated November 21, 2014.
(11) The memorandum from the President entitled ``Creating
Welcoming Communities and Fully Integrating Immigrants and
Refugees'' dated November 21, 2014.
(b) No Legal Effect of Executive Actions.--The memoranda referred
to in subsection (a) (or any substantially similar policy changes
issued or taken on or after January 9, 2015, whether set forth in
memorandum, Executive order, regulation, directive, or by other action)
have no statutory or constitutional basis and therefore have no legal
effect.
(c) Prohibition on Providing Immigration Benefits.--No funds or
fees made available to the Secretary of Homeland Security, or to any
other official of a Federal agency, including any deposits into the
``Immigration Examinations Fee Account'' established under section
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may
be used to grant any Federal benefit to any alien pursuant to any of
the policy changes set forth in the memoranda referred to in subsection
(a) (or any substantially similar policy changes issued or taken on or
after January 9, 2015, whether set forth in memorandum, Executive
order, regulation, directive, or by other action).
(d) Budgetary Effects.--The budgetary effects of this section shall
not be entered on either PAYGO scorecard maintained pursuant to section
4(d) of the Statutory Pay-As-You-Go Act of 2010.
SEC. 3. PROHIBITION ON FUNDING CERTAIN CIVIL IMMIGRATION ENFORCEMENT
PRIORITIES.
No funds or fees made available to the Secretary of Homeland
Security may be used to implement, administer, enforce, or carry out
(including through the issuance of any regulations) any policy relating
to the apprehension, detention, or removal of aliens that does not
treat any alien convicted of any offense involving domestic violence,
sexual abuse, child molestation, or child exploitation as within the
categories of aliens subject to the Department of Homeland Security's
highest civil immigration enforcement priorities.
SEC. 4. FINDINGS AND SENSE OF CONGRESS ON POLICIES THAT DISADVANTAGE
THE HIRING OF UNITED STATES CITIZENS AND LAWFULLY PRESENT
ALIENS.
(a) Findings.--Congress finds that--
(1) under the Patient Protection and Affordable Care Act
(Public Law 111-148; 124 Stat. 119), many individuals and
businesses are required to purchase health insurance coverage
for themselves and their employees;
(2) individuals who were unlawfully present in the United
States who have been granted deferred action under the Deferred
Action for Childhood Arrivals Program undertaken by the
Executive Branch and who then receive work authorization are
exempt from these requirements;
(3) many United States employers hiring United States
citizens or individuals legally present in the United States
are required to either offer those persons affordable health
insurance or pay a penalty of approximately $3,000 per employee
per year; and
(4) an employer does not have to provide insurance, or in
many instances pay a penalty, if they hire individuals who were
not lawfully present but who have been granted deferred action
under the Deferred Action for Childhood Arrivals Program and
work authorization.
(b) Sense of Congress.--It is the sense of Congress that--
(1) this disparate treatment has the unacceptable effect of
discouraging the hiring of United States citizens and those in
a lawful immigration status in the United States; and
(2) the Executive Branch should refrain from pursuing
policies, such as granting deferred action under the Deferred
Action for Childhood Arrivals Program and work authorization to
unlawfully present individuals, that disadvantage the hiring of
United States citizens and those in a lawful immigration status
in the United States.
SEC. 5. SENSE OF CONGRESS ON POLICIES THAT DISADVANTAGE LAWFULLY
PRESENT ALIENS.
It is the sense of the Congress that the Director of United States
Citizenship and Immigration Services should--
(1) stop putting the interests of aliens who are unlawfully
present in the United States ahead of the interests of aliens
who are following proper immigration laws and procedures by
adjudicating petitions and applications for immigration
benefits submitted by aliens unlawfully present in the United
States because when adjudicators and resources of U.S.
Citizenship and Immigration Services are used to adjudicate
petitions and applications for aliens who are unlawfully
present, the time it takes to process petitions and
applications submitted by other aliens is significantly
increased and a backlog is created and it is unfair to use the
fees paid by other aliens to cover the costs of adjudicating
petitions and applications for aliens unlawfully present in the
United States; and
(2) use the funds available under existing law to improve
services and increase the efficiency of the immigration
benefits application process for aliens abroad or who are
lawfully present in the United States. | Immigration Rule of Law Act of 2015 This bill prohibits the use of any funds made available to the Secretary of Homeland Security (DHS) or to any other federal official, including deposits into the Immigration Examinations Fee Account, to carry out any of the policy changes set forth in the following memoranda dated either November 20 or November 21, 2014 (or any substantially similar policy changes issued or taken on or after January 9, 2015): Southern Border and Approaches Campaign; Policies for the Apprehension, Detention and Removal of Undocumented Immigrants; Secure Communities; Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents; Expansion of the Provisional Waiver Program; Policies Supporting U.S. High-Skilled Businesses and Workers; Families of U.S. Armed Forces Members and Enlistees; Directive to Provide Consistency Regarding Advance Parole; Policies to Promote and Increase Access to U.S. Citizenship; Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century; and Creating Welcoming Communities and Fully Integrating Immigrants and Refugees. Such memoranda or substantially similar policy changes are declared to have no statutory or constitutional basis and therefore no legal effect. No funds or fees made available to the Secretary or to any federal official may be used to grant any federal benefit to any alien pursuant to any of such policy changes. No funds or fees made available to the Secretary may be used to carry out any policy relating to the apprehension, detention, or removal of aliens that does not treat any alien convicted of any offense involving domestic violence, sexual abuse, child molestation, or child exploitation as within the categories of aliens subject to the highest DHS civil immigration enforcement priorities. It is the sense of Congress that: disparate employer/employee health insurance requirements discourage the hiring of U.S. citizens and those in lawful immigration status; and the Executive Branch should refrain from pursuing policies such as granting to unlawfully present individuals any deferred action under the deferred action for childhood arrivals program and work authorization. It is the sense of Congress that U.S. Citizenship and Immigration Service should: stop putting the interests of aliens who are unlawfully present in the United States ahead of the interests of aliens who are following proper immigration laws and procedures by taking specified actions, and use the funds available under existing law to improve services and increase the efficiency of the immigration benefits application process for aliens abroad or who are lawfully present in the United States. | {"src": "billsum_train", "title": "Immigration Rule of Law Act of 2015"} | 1,717 | 596 | 0.616591 | 2.066921 | 0.756738 | 6.132231 | 3.030992 | 0.938017 |
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--SHARK CONSERVATION ACT OF 2010
Sec. 101. Short title.
Sec. 102. Amendment of the High Seas Driftnet Fishing Moratorium
Protection Act.
Sec. 103. Amendment of Magnuson-Stevens Fishery Conservation and
Management Act.
Sec. 104. Offset of implementation cost.
TITLE II--INTERNATIONAL FISHERIES AGREEMENT
Sec. 201. Short title.
Sec. 202. International Fishery Agreement.
Sec. 203. Application with other laws.
Sec. 204. Effective date.
TITLE III--MISCELLANEOUS
Sec. 301. Technical corrections to the Western and Central Pacific
Fisheries Convention Implementation Act.
Sec. 302. Pacific Whiting Act of 2006.
Sec. 303. Replacement vessel.
TITLE I--SHARK CONSERVATION ACT OF 2010
SEC. 101. SHORT TITLE.
This title may be cited as the ``Shark Conservation Act of 2010''.
SEC. 102. AMENDMENT OF HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION
ACT.
(a) Actions to Strengthen International Fishery Management
Organizations.--Section 608 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826i) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) in subparagraph (E), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(F) to adopt shark conservation measures, including
measures to prohibit removal of any of the fins of a shark
(including the tail) and discarding the carcass of the shark at
sea;'';
(2) in paragraph (2), by striking ``and'' at the end;
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following:
``(3) seeking to enter into international agreements that
require measures for the conservation of sharks, including measures
to prohibit removal of any of the fins of a shark (including the
tail) and discarding the carcass of the shark at sea, that are
comparable to those of the United States, taking into account
different conditions; and''.
(b) Illegal, Unreported, or Unregulated Fishing.--Subparagraph (A)
of section 609(e)(3) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(e)(3)) is amended--
(1) by striking the ``and'' before ``bycatch reduction
requirements''; and
(2) by striking the semicolon at the end and inserting ``, and
shark conservation measures;''.
(c) Equivalent Conservation Measures.--
(1) Identification.--Subsection (a) of section 610 of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k)
is amended--
(A) in the matter preceding paragraph (1), by striking
``607, a nation if--'' and inserting ``607--'';
(B) in paragraph (1)--
(i) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively; and
(ii) by moving clauses (i) and (ii) (as so
redesignated) 2 ems to the right;
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(D) by moving subparagraphs (A) through (C) (as so
redesignated) 2 ems to the right;
(E) by inserting before subparagraph (A) (as so
redesignated) the following:
``(1) a nation if--'';
(F) in subparagraph (C) (as so redesignated) by striking
the period at the end and inserting ``; and''; and
(G) by adding at the end the following:
``(2) a nation if--
``(A) fishing vessels of that nation are engaged, or have
been engaged during the preceding calendar year, in fishing
activities or practices in waters beyond any national
jurisdiction that target or incidentally catch sharks; and
``(B) the nation has not adopted a regulatory program to
provide for the conservation of sharks, including measures to
prohibit removal of any of the fins of a shark (including the
tail) and discarding the carcass of the shark at sea, that is
comparable to that of the United States, taking into account
different conditions.''.
(2) Initial identifications.--The Secretary of Commerce shall
begin making identifications under paragraph (2) of section 610(a)
of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826k(a)), as added by paragraph (1)(G), not later than 1
year after the date of the enactment of this Act.
SEC. 103. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.
(a) In General.--Paragraph (1) of section 307 of Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1857) is amended--
(1) by amending subparagraph (P) to read as follows:
``(P)(i) to remove any of the fins of a shark (including
the tail) at sea;
``(ii) to have custody, control, or possession of any such
fin aboard a fishing vessel unless it is naturally attached to
the corresponding carcass;
``(iii) to transfer any such fin from one vessel to another
vessel at sea, or to receive any such fin in such transfer,
without the fin naturally attached to the corresponding
carcass; or
``(iv) to land any such fin that is not naturally attached
to the corresponding carcass, or to land any shark carcass
without such fins naturally attached;''; and
(2) by striking the matter following subparagraph (R) and
inserting the following:
``For purposes of subparagraph (P), there shall be a rebuttable
presumption that if any shark fin (including the tail) is found
aboard a vessel, other than a fishing vessel, without being
naturally attached to the corresponding carcass, such fin was
transferred in violation of subparagraph (P)(iii) or that if, after
landing, the total weight of shark fins (including the tail) landed
from any vessel exceeds five percent of the total weight of shark
carcasses landed, such fins were taken, held, or landed in
violation of subparagraph (P). In such subparagraph, the term
`naturally attached', with respect to a shark fin, means attached
to the corresponding shark carcass through some portion of uncut
skin.''.
(b) Savings Clause.--
``(1) In general.--The amendments made by subsection (a) do not
apply to an individual engaged in commercial fishing for smooth
dogfish (Mustelus canis) in that area of the waters of the United
States located shoreward of a line drawn in such a manner that each
point on it is 50 nautical miles from the baseline of a State from
which the territorial sea is measured, if the individual holds a
valid State commercial fishing license, unless the total weight of
smooth dogfish fins landed or found on board a vessel to which this
subsection applies exceeds 12 percent of the total weight of smooth
dogfish carcasses landed or found on board.
(2) Definitions.--In this subsection:
(A) Commercial fishing.--The term ``commercial fishing''
has the meaning given that term in section 3 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1802).
(B) State.--The term ``State'' has the meaning given that
term in section 803 of Public Law 103-206 (16 U.S.C. 5102).
SEC. 104. OFFSET OF IMPLEMENTATION COST.
Section 308(a) of the Interjurisdictional Fisheries Act of 1986 (16
U.S.C. 4107(a)) is amended by striking ``2012.'' and inserting ``2010,
and $2,500,000 for each of fiscal years 2011 and 2012.''.
TITLE II--INTERNATIONAL FISHERIES AGREEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``International Fisheries Agreement
Clarification Act''.
SEC. 202. INTERNATIONAL FISHERY AGREEMENT.
Consistent with the intent of provisions of the Magnuson-Stevens
Fishery and Conservation and Management Act relating to international
agreements, the Secretary of Commerce and the New England Fishery
Management Council may, for the purpose of rebuilding those portions of
fish stocks covered by the United States-Canada Transboundary Resource
Sharing Understanding on the date of enactment of this Act--
(1) take into account the Understanding and decisions made
under that Understanding in the application of section
304(e)(4)(A)(i) of the Act (16 U.S.C. 1854(e)(4)(A)(i));
(2) consider decisions made under that Understanding as
``management measures under an international agreement'' that
``dictate otherwise'' for purposes of section 304(e)(4)(A)(ii) of
the Act (16 U.S.C. 1854(e)(4)(A)(ii); and
(3) establish catch levels for those portions of fish stocks
within their respective geographic areas covered by the
Understanding on the date of enactment of this Act that exceed the
catch levels otherwise required under the Northeast Multispecies
Fishery Management Plan if--
(A) overfishing is ended immediately;
(B) the fishing mortality level ensures rebuilding within a
time period for rebuilding specified taking into account the
Understanding pursuant to paragraphs (1) and (2) of this
subsection; and
(C) such catch levels are consistent with that
Understanding.
SEC. 203. APPLICATION WITH OTHER LAWS.
Nothing in this title shall be construed to amend the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et
seq.) or to limit or otherwise alter the authority of the Secretary of
Commerce under that Act concerning other species.
SEC. 204. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), section 202
shall apply with respect to fishing years beginning after April 30,
2010.
(b) Special Rule.--Section 202(3)(B) shall only apply with respect
to fishing years beginning after April 30, 2012.
TITLE III--MISCELLANEOUS
SEC. 301. TECHNICAL CORRECTIONS TO THE WESTERN AND CENTRAL PACIFIC
FISHERIES CONVENTION IMPLEMENTATION ACT.
Section 503 of the Western and Central Pacific Fisheries Convention
Implementation Act (16 U.S.C. 6902) is amended--
(1) by striking ``Management Council and'' in subsection (a)
and inserting ``Management Council, and one of whom shall be the
chairman or a member of'';
(2) by striking subsection (c)(1) and inserting the following:
``(1) Employment status.--Individuals serving as such
Commissioners, other than officers or employees of the United
States Government, shall not be considered Federal employees except
for the purposes of injury compensation or tort claims liability as
provided in chapter 81 of title 5, United States Code, and chapter
171 of title 28, United States Code.''; and
(3) by striking subsection (d)(2)(B)(ii) and inserting the
following:
``(ii) shall not be considered Federal employees except
for the purposes of injury compensation or tort claims
liability as provided in chapter 81 of title 5, United
States Code, and chapter 171 of title 28, United States
Code.''.
SEC. 302. PACIFIC WHITING ACT OF 2006.
(a) Scientific Experts.--Section 605(a)(1) of the Pacific Whiting
Act of 2006 (16 U.S.C. 7004(a)(1)) is amended by striking ``at least 6
but not more than 12'' inserting ``no more than 2''.
(b) Employment Status.--Section 609(a) of the Pacific Whiting Act
of 2006 (16 U.S.C. 7008(a)) is amended to read as follows:
``(a) Employment Status.--Individuals appointed under section 603,
604, 605, or 606 of this title, other than officers or employees of the
United States Government, shall not be considered to be Federal
employees while performing such service, except for purposes of injury
compensation or tort claims liability as provided in chapter 81 of
title 5, United States Code, and chapter 171 of title 28, United States
Code.''.
SEC. 303. REPLACEMENT VESSEL.
Notwithstanding any other provision of law, the Secretary of
Commerce may promulgate regulations that allow for the replacement or
rebuilding of a vessel qualified under subsections (a)(7) and (g)(1)(A)
of section 219 of the Department of Commerce and Related Agencies
Appropriations Act, 2005 (Public Law 108-447; 188 Stat. 886-891).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 20, 2010. The summary of that version is repeated here.)
Title I: Shark Conservation Act of 2010 - Shark Conservation Act of 2010 - (Sec. 102) Amends the High Seas Driftnet Fishing Moratorium Protection Act to direct the Secretary of Commerce to urge international fishery management organizations to which the United States is a member to adopt shark conservation measures, including measures to prohibit removal any of the fins of a shark (including the tail) and discarding the shark carcass at sea. Requires the Secretary to seek to enter into international shark conservation agreements, including measures prohibiting fin removal and carcass disposal, that are comparable to those of the United States, taking into account different conditions. Directs the Secretary to include shark conservation measures when defining fishing activities that violate international fishery conservation and management agreements. Requires the Secretary to list a nation in the biennial report on international compliance if the nation's fishing vessels are or have been engaged in fishing activities that target or incidentally catch sharks in waters beyond their jurisdiction, and such nation has not adopted a regulatory program providing for shark conservation, including the fin removal and carcass disposal prohibitions. Requires such listing within one year after the enactment of this Act.
(Sec. 103) Amends the Magnuson-Stevens Fishery Conservation and Management Act to revise provisions prohibiting the removal of shark fins to make it a prohibited act to: (1) remove any shark fin (including the tail) at sea; (2) have a fin aboard a fishing vessel unless the fin is naturally attached to the carcass; (3) transfer a fin from one vessel to another or receive a fin unless it is naturally attached; or (4) land a fin that is not naturally attached to a carcass or land a carcass without fins naturally attached. Revises the current rebuttable presumption provision concerning shark fins on fishing vessels to create a rebuttable presumption that, if any shark fin (including the tail) is aboard a non-fishing vessel without being naturally attached, the fin was transferred from a fishing vessel in violation.
(Sec. 104) Decreases authorizations under the Interjurisdictional Fisheries Act of 1986 for FY2011-FY2012.
Title II: International Fisheries Agreement - International Fisheries Agreement Clarification Act - (Sec. 202) Allows the Secretary and the New England Fishery Management Council, for purposes of rebuilding portions of fish stocks covered by the United States-Canada Transboundary Resource Sharing Understanding, to: (1) take into account such Understanding and decisions made under such Understanding when specifying a time period for rebuilding a fishery that is overfished; and (2) consider decisions under such Understanding as management measures under an international agreement in which the United States participates when determining whether a rebuilding may exceed 10 years. Permits the Secretary and the Council to establish catch levels for portions of fish stocks within their respective geographic areas that exceed catch levels otherwise required under the Northeast Multispecies Fishery Management Plan if: (1) overfishing is ended immediately; (2) the fishing mortality level ensures rebuilding within such a rebuilding time period; and (3) such catch levels are consistent with the Understanding.
Title III: Miscellaneous - (Sec. 301) Prohibits from being considered federal employees except for certain specified injury compensation or tort claims liability: (1) Commissioners of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, other than officers or employees of the U.S. government; (2) certain advisory committee members; and (3) other specified appointees under the Pacific Whiting Act of 2006. (Current law considers such individuals to be federal employees for: (1) certain injury compensation purposes; (2) ethics, conflicts-of-interest, and corruption requirements; and (3) criminal or civil statutes or regulations governing conduct of federal employees in that capacity.)
(Sec. 302) Decreases the number of scientific experts on the joint technical committee under the Pacific Whiting Act of 2006 to 2 (currently at least 6 but not more than 12).
(Sec. 303) Authorizes the Secretary to promulgate regulations that allow for the replacement or rebuilding of a vessel qualified under specified provisions of the Department of Commerce and Related Agencies Appropriations Act, 2005. | {"src": "billsum_train", "title": "To amend the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act to improve the conservation of sharks."} | 3,106 | 974 | 0.659462 | 2.194254 | 0.732041 | 3.176895 | 3.141998 | 0.8929 |
SECTION 1. LIMITATION OF ANTIQUITIES ACT AUTHORITY.
Section 2 of the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C 431,
432, 433), commonly known as the Antiquities Act, is amended as
follows:
(1) By inserting ``(a) In General.--'' immediately before
the first sentence.
(2) By adding the following after the last sentence: ``Any
proclamation of the President under this section declaring any
area a national monument shall be submitted to the Congress,
and such proclamation shall cease to have any force and effect
after the expiration of 180 calendar days of continuous session
of Congress after the date of issuance unless the Congress
approves such proclamation by adoption of a joint resolution of
approval within such 180 day period in accordance with
subsection (b).''
(3) By adding the following at the end thereof:
``(b) Congressional Review.--
``(1) Sessions of congress.--For purposes of this section--
``(A) continuity of session of Congress is broken
only by an adjournment sine die; and
``(B) the 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
180-day calendar period.
``(2) Procedure.--
``(A) This subsection is enacted by Congress--
``(i) as an exercise of the rulemaking
power of each House of Congress, respectively,
and as such it is deemed a part of the rules of
each House, respectively, but applicable only
with respect to the procedure to be followed in
that House in the case of resolutions described
by subparagraph (B) of this paragraph; and it
supersedes other rules only to the extent that
it is inconsistent therewith; and
``(ii) with full recognition of the
constitutional right of either House to change
the rules (so far as those rules relate to the
procedure of that House) at any time, in the
same manner and to the same extent as in the
case of any other rule of such House.
``(B) For purposes of this section, the term
`resolution' means a joint resolution, the resolving
clause of which is as follows: ``That the House of
Representatives and Senate approve the Presidential
decision on the establishment of a national monument
submitted to the Congress on XXXXX.''; the blank space
therein shall be filled with the date on which the
President submits his decision to the House of
Representatives and the Senate.
``(C) A resolution once introduced with respect to
a Presidential proclamation establishing a national
monument shall be referred to one or more committees
(and all resolutions with respect to the same
Presidential proclamation shall be referred to the same
committee or committees) by the President of the Senate
or the Speaker of the House of Representatives, as the
case may be.
``(D)(i) If any committee to which a resolution
with respect to a Presidential proclamation has been
referred has not reported it at the end of 30 calendar
days after its referral, it shall be in order to move
either to discharge such committee from further
consideration of such resolution or to discharge such
committee from consideration of any other resolution
with respect to such Presidential proclamation which
has been referred to such committee.
``(ii) A motion to discharge may be made only by an
individual favoring the resolution, shall be highly
privileged (except that it may not be made after the
committee has reported a resolution with respect to the
same Presidential proclamation, and debate thereon
shall be limited to not more than 1 hour, to be divided
equally between those favoring and those opposing the
resolution. An amendment to the motion shall not be in
order, and it shall not be in order to move to
reconsider the vote by which the motion was agreed to
or disagreed to.
``(iii) If the motion to discharge is agreed to or
disagreed to, the motion may not be made with respect
to any other resolution with respect to the same
Presidential proclamation.
``(E)(i) When any committee has reported, or has
been discharged from further consideration of, a
resolution, but in no case earlier than 30 days after
the date of receipt of the President's proclamation to
the Congress, it shall be at any time thereafter in
order (even though a previous motion to the same effect
has been disagreed to) to move to proceed to the
consideration of the resolution. The motion shall be
highly privileged and shall not be debatable. An
amendment to the motion shall not be in order, and it
shall not be in order to move to reconsider the vote by
which the motion was agreed to or disagreed to.
``(ii) Debate on the resolution described in
subparagraph (B)(i) of this paragraph shall be limited
to not more than 10 hours and on any resolution under
this subsection. This time shall be divided equally
between those favoring and those opposing such
resolution. A motion further to limit debate shall not
be debatable. An amendment to, or motion to recommit
the resolution shall not be in order, and it shall not
be in order to move to reconsider the vote by which
such resolution was agreed to or disagreed to or,
thereafter within such 180-day period, to consider any
other resolution respecting the same Presidential
proclamation.
``(F)(i) Motions to postpone, made with respect to
the discharge from committee, or the consideration of a
resolution and motions to proceed to the consideration
of other business, shall be decided without debate.
``(ii) Appeals from the decision of the Chair
relating to the application of the rules of the Senate
or the House of Representatives, as the case may be, to
the procedures relating to a resolution shall be
decided without debate.'' | Amends the Antiquities Act of 1906 to require presidential proclamations declaring areas national monuments to be submitted to the Congress. Terminates proclamations not approved by the Congress by joint resolution within 180 calendar days of continuous congressional session after the date of issuance.
Sets forth procedures for consideration of such joint resolutions. | {"src": "billsum_train", "title": "To amend the Antiquities Act to provide for the Congressional approval of the establishment of national monuments, and for other purposes."} | 1,289 | 70 | 0.60265 | 1.48226 | 1.227299 | 2.035088 | 21.666667 | 0.807018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Data Collection Improvement
Act of 2010''.
SEC. 2. DATA COLLECTION ON SEXUAL ORIENTATION AND GENDER IDENTITY.
Title XXXI of the Public Health Service Act (42 U.S.C. 300kk et
seq.) is amended by inserting after section 3101 the following new
section:
``SEC. 3102. DATA COLLECTION ON SEXUAL ORIENTATION AND GENDER IDENTITY.
``(a) In General.--The Secretary shall ensure that, beginning not
later than 1 year after the dissemination of standards under subsection
(c)(3), each HHS health service program and HHS health survey provides,
to the extent the Secretary determines appropriate and practicable, for
the collection of data on the sexual orientation and gender identity of
individuals who apply for or receive health services through such
program, or who respond to such survey.
``(b) Provision and Use of Information.--
``(1) Voluntary basis.--Provision of information by an
individual in response to a collection pursuant to subsection
(a) shall be only on a voluntary basis.
``(2) Limitation.--An agency or person that collects data
from an individual pursuant to subsection (a) shall not use
such data, or the decision of the individual not to provide
such data, in any manner that adversely affects the individual.
``(c) Data Standards.--
``(1) Development.--The Secretary, in consultation with the
Office for Civil Rights of the Department of Health and Human
Services and relevant data collection agencies, shall develop
standards for the measurement of, and collection of information
about, sexual orientation and gender identity. In developing
the standards, the Secretary shall take into account
recommendations made by the Institute of Medicine Committee on
Lesbian, Gay, Bisexual, and Transgender Health Issues and
Research Gaps and Opportunities.
``(2) Inclusion of certain standards.--The standards
developed under paragraph (1) shall include standards--
``(A) for categorization of sexual orientation and
gender identity, including questions to facilitate
categorization;
``(B) for appropriate methods to collect
information to maximize voluntary participation,
preserve privacy and confidentiality, and avoid
unintended negative consequences to an individual or
program; and
``(C) that address the feasibility of data
collection in different contexts and the
appropriateness and analytical validity of collection
within specific programs or types of programs.
``(3) Dissemination.--Not later than 1 year after the date
of enactment of this section, the Secretary shall disseminate
the standards developed under paragraph (1) to the offices and
agencies of the Department of Health and Human Services, other
Federal departments and agencies that administer health service
programs, and other interested parties.
``(4) Revision.--The Secretary shall revise the standards
developed under paragraph (1), and disseminate the revised
standards, as the Secretary determines appropriate.
``(d) Analysis.--
``(1) Departmental analysis.--For each HHS health service
program and HHS health survey, the Secretary shall--
``(A) analyze data collected under subsection (a)
to detect and monitor health disparities based on
sexual orientation and gender identity at the Federal
and State levels; and
``(B) report to the Congress and the public the
results of such analyses.
``(2) Integration of data analyses.--The Secretary shall
integrate data analyses conducted under paragraph (1) with
other activities of the Department of Health and Human Services
that identify and analyze health disparities by race,
ethnicity, sex, disability, primary language, or other
population.
``(3) Availability of data.--The Secretary shall, as
appropriate, enter into data use agreements between the
Department of Health and Human Services (or offices and
agencies thereof) and other governmental agencies and
nongovernmental entities, pursuant to which the Secretary shall
make available to such agencies and entities aggregated data
(excluding any personally identifiable information about an
individual) collected under subsection (a).
``(e) Privacy and Other Safeguards.--The protections and safeguards
described in section 3101(e)(1) shall apply to data collected pursuant
to subsection (a) of this section to the same extent and in the same
manner as such protections and safeguards apply to data collected
pursuant to section 3101(a).
``(f) Definitions.--In this section:
``(1) The term `HHS health service program' means a program
conducted or supported by the Department of Health and Human
Services through which direct preventive health or medical
treatment services are delivered to individuals, either in a
clinical or community setting.
``(2) The term `HHS health survey' means data collection
efforts conducted or supported by the Department of Health and
Human Services to obtain information directly from individual
respondents for the purpose of aggregating statistical
information.''. | Health Data Collection Improvement Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to ensure that the collection of data on sexual orientation and gender identity is provided for within HHS health service programs and health surveys. Makes the provision of such information by an individual voluntary.
Prohibits an agency or person that collects data from an individual from using such data, or the decision of the individual not to provide such data, in any manner that adversely affects the individual.
Requires the Secretary to: (1) develop standards for the measurement of, and collection of information about, sexual orientation and gender identity; (2) analyze data collected under this Act to detect and monitor health disparities at the federal and state levels; (3) report to Congress and the public on the results of such analyses; and (4) integrate such data analyses with other activties that identify and analyze health disparities by race, ethnicity, sex, disability, primary language, or other population.
Applies privacy protections to data collected under this Act and security safeguards to the collection, analysis and sharing of such data. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to require the Secretary of Health and Human Services to ensure that each HHS health service program or HHS health survey provides, to the extent the Secretary determines appropriate and practicable, for the voluntary collection of data on the sexual orientation and gender identity of individuals who apply for or receive health services through such program, or who respond to such survey."} | 1,072 | 238 | 0.677128 | 1.925024 | 0.947676 | 4.874439 | 4.457399 | 0.93722 |
SECTION 1. ENTITLEMENT TO REIMBURSEMENT FOR FINANCIAL HARM INCURRED BY
FEDERAL EMPLOYEES, FEDERAL CONTRACTORS, AND EMPLOYEES OF
FEDERAL CONTRACTORS ARISING FROM FAILURE TO BE PAID
DURING PERIODS OF LAPSED APPROPRIATIONS.
(a) Financial Harm to Federal Employees.--Upon the termination of
any period of lapsed appropriations with respect to an agency or
instrumentality of the Federal Government or the District of Columbia,
in addition to any basic pay payable to each individual who is an
officer or employee of such agency or instrumentality during such
period for any service performed during such period, such officer or
employee shall be entitled to reimbursement by such agency or
instrumentality for financial harm incurred by such individual
resulting from--
(1) any failure to provide for the timely payment of basic
pay to such individual for service performed during such
period, or
(2) the inability of such individual to earn basic pay for
service during such period under section 1342 of title 31,
United States Code.
(b) Financial Harm to Federal Contractors.--Upon the termination of
any period of lapsed appropriations with respect to an agency or
instrumentality of the Federal Government or the District of Columbia,
in addition to any payment under a Federal contract due to a Federal
contractor during such period and any interest penalty on such payment
in accordance with section 3902 of title 31, United States Code, such
contractor shall be entitled to reimbursement by such agency or
instrumentality for financial harm incurred by such contractor
resulting from--
(1) any failure to provide for the timely payment of
payments due under the contract to the contractor during such
period, or
(2) the inability of such contractor to perform the
contract during such period.
(c) Financial Harm to Employees of Federal Contractors.--Upon the
termination of any period of lapsed appropriations with respect to an
agency or instrumentality of the Federal Government or the District of
Columbia, each individual who is an employee of a Federal contractor or
of a subcontractor under a Federal contract in effect during such
period shall be entitled to reimbursement by such agency or
instrumentality for financial harm incurred by such individual
resulting from--
(1) any failure by the contractor or subcontractor to
provide for the timely payment of the individual for service
performed during such period under the contract or subcontract,
or
(2) the inability of such individual to earn pay for
service under the contract or subcontract during such period.
SEC. 2. ADMINISTRATIVE REMEDY.
In any case in which an individual or contractor has not been
provided, within 60 days after the period of lapsed appropriations
involved, any reimbursement by an agency or instrumentality of the
Federal Government or the District of Columbia to which the individual
or contractor is entitled under section 1, a claim may be made by such
individual or contractor against such agency or instrumentality for
recovery of such reimbursement. Determinations by the agency or
instrumentality on such claim shall be made on the record after
opportunity for an agency hearing. Any individual aggrieved by any
final determination by the agency or instrumentality under this section
may, during the 60-day period beginning on the date the determination
is issued, institute an action for judicial review of the determination
in any district court of the United States in which an office of the
agency or instrumentality is located or in the United States District
Court for the District of Columbia.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Period of lapsed appropriations.--The term ``period of
lapsed appropriations'' means, in connection with an agency or
instrumentality of the Federal Government or the District of
Columbia, any period during which appropriations are not
available due to the absence of the timely enactment of any Act
or joint resolution appropriating funds for such agency or
instrumentality.
(2) Financial harm.--The term ``financial harm''--
(A) in connection with any individual, includes--
(i) interest accrued on debts incurred by
the individual during the period of lapsed
appropriations necessary to meet expenses which
would have arisen irrespective of whether the
period of lapsed appropriations had occurred,
(ii) penalties incurred by reason of
inability of the individual to make timely
payments of bills or other obligations which
would have become due irrespective of whether
the period of lapsed appropriations had
occurred,
(iii) other monetary loss incurred by
reason of forfeiture of property or otherwise,
and
(iv) in the case of an individual who is an
employee of a Federal contractor, wages
foregone by the employee for any service
performed by the employee during the period of
lapsed appropriations that were not later paid
by the contractor; and
(B) in connection with any Federal contractor,
includes--
(i) interest accrued on debts incurred by
the contractor in connection with a Federal
contract during the period of lapsed
appropriations necessary to meet expenses which
would have arisen irrespective of whether the
period of lapsed appropriations had occurred,
(ii) penalties incurred by reason of
inability of the contractor to make timely
payments of bills or other obligations which
would have become due irrespective of whether
the period of lapsed appropriations had
occurred, and
(iii) other monetary loss incurred by
reason of forfeiture of property or otherwise. | Provides that, upon the termination of any period of lapsed appropriations with respect to any agency or instrumentality of the Federal Government or the District of Columbia, Federal employees, Federal contractors, and employees of Federal contractors shall be entitled to reimbursement for financial harm resulting from: (1) any failure to provide for timely payment of basic pay or contract payments during the lapsed period; or (2) the inability of such individual to earn basic pay, to perform the contract, or receive payment under the contract. States that such payments shall be in addition to regular basic pay for Federal employees or payments due Federal contractors under a Federal contract. Provides for administrative remedies for the failure to receive such reimbursement within 60 days after the period of lapsed appropriations involved. | {"src": "billsum_train", "title": "To provide for relief to Federal employees, Federal contractors, and employees of Federal contractors for expenses incurred as a result of nonpayment of basic pay or impediments against contract performance arising from lapses in appropriations."} | 1,188 | 158 | 0.707867 | 2.143962 | 0.741083 | 4.972973 | 7.175676 | 0.932432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Net Price Calculator Improvement
Act''.
SEC. 2. MINIMUM STANDARDS FOR NET PRICE CALCULATORS.
Section 132(h) of the Higher of Education Act of 1965 (20 U.S.C.
1015a(h)) is amended--
(1) by redesignating subsection (4) as subsection (6);
(2) in paragraph (2), by inserting before the period the
following ``, and, not later than 1 year after the date of
enactment of the Net Price Calculator Improvement Act, shall
meet the requirements of paragraph (4)(B)'';
(3) in paragraph (3), by inserting after the first sentence
the following: ``Not later than 1 year after the date of
enactment of the Net Price Calculator Improvement Act, such
calculator shall meet the requirements of paragraph (4).''
(4) by inserting after paragraph (3) the following:
``(4) Minimum requirements for net price calculators.--Not
later than 1 year after the date of enactment of the Net Price
Calculator Improvement Act, a net price calculator for an
institution of higher education shall, at a minimum, meet the
following requirements:
``(A) The link for the calculator--
``(i) is clearly labeled as a `net price
calculator' and prominently, clearly, and
conspicuously (in such size and contrast (such
as shade) that it is readily noticeable and
readable) posted in locations on the
institution's website where information on
costs and aid is provided (such as financial
aid, prospective students, or tuition and fees
web pages);
``(ii) matches in size and font to the
other prominent links on the primary menu; and
``(iii) may also be included on the
institution's compliance web page, which
contains information relating to compliance
with Federal, State, and local laws.
``(B) The results screen for the calculator
specifies the following information:
``(i) Net price (as calculated under
subsection (a)(3)) for the institution, which
is the most visually prominent figure on the
results screen.
``(ii) Cost of attendance, including--
``(I) tuition and fees;
``(II) average annual cost of room
and board for the institution for a
first-time, full-time undergraduate
student enrolled in the institution;
``(III) average annual cost of
books and supplies for a first-time,
full-time undergraduate student
enrolled in the institution; and
``(IV) estimated cost of other
expenses (including personal expenses
and transportation) for a first-time,
full-time undergraduate student
enrolled in the institution.
``(iii) Estimated total need-based grant
aid and merit-based grant aid, from Federal,
State, and institutional sources, that may be
available to a first-time, full-time
undergraduate student.
``(iv) Percentage of the first-time, full-
time undergraduate students enrolled in the
institution that received any type of grant aid
described in clause (iii).
``(v) The disclaimer described in paragraph
(6).
``(vi) In the case of a calculator that--
``(I) includes questions to
estimate a student's (or prospective
student's) eligibility for veterans'
education benefits (as defined in
section 480) or educational benefits
for active duty service members, such
benefits are displayed on the results
screen in a manner that clearly
distinguishes them from the grant aid
described in clause (iii); or
``(II) does not include questions
to estimate eligibility for the
benefits described in subclause (I),
the results screen indicates that
certain students (or prospective
students) may qualify for such benefits
and includes a link to information
about such benefits.
``(C) The institution populates the calculator with
data from not later than 2 academic years prior to the
most recent academic year.
``(5) Prohibition on use of data collected by the net price
calculator.--A net price calculator for an institution of
higher education shall--
``(A) clearly indicate which questions are required
to be completed for an estimate of the net price from
the calculator;
``(B) in the case of a calculator that requests
contact information from users, clearly mark such
requests as `optional'; and
``(C) prohibit any personally identifiable
information provided by users from being sold or made
available to third parties.''.
SEC. 3. UNIVERSAL NET PRICE CALCULATOR.
Section 132(h) of the Higher of Education Act of 1965 (20 U.S.C.
1015a(h)) is further amended by adding at the end the following:
``(7) Universal net price calculator.--The Secretary may
develop a universal net price calculator that--
``(A) enables users to answer one set of questions
and receive net prices for any institution that is
required to have a net price calculator under this
subsection;
``(B) provides the information required under
subparagraphs (B) and (C) of paragraph (4) for each
institution for which a net price is being sought; and
``(C) is tested by students and families and
evaluated by financial aid administrators and others in
the field of postsecondary education before being
finalized and publicly released.''. | Net Price Calculator Improvement Act This bill amends the Higher Education Act of 1965 to establish the minimum requirements for the net price calculator that each institution of higher education (IHE) receiving federal funds under title IV (Student Assistance) of the Act must include on its website. (An IHE's "net price" is the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at the school after deducting such aid.) It requires the link for the calculator to be clearly labeled and conspicuously posted on an IHE's website. It requires each calculator's results page to include: the net price of attending the IHE; the cost of attending the IHE; the estimated total need- and merit-based grant aid, from federal, state, and institutional sources, that may be available to first-time, full-time undergraduate students enrolled at the IHE; the percentage of such students enrolled at the school who receive any of that grant aid; and a notice that an estimate of an individual's net price is non-binding and subject to change. It requires calculators that estimate a user's eligibility for veterans' education benefits or educational benefits for active duty service members to clearly distinguish those benefits from other grant-aid. Requires calculators that do not make such estimates to provide users with notice of, and a link to information concerning, those benefits. The bill directs IHEs to populate their calculators with data from not later than two academic years prior to the most recent academic year. Calculators must: (1) clearly indicate which questions need to be completed for a net price estimate, (2) clearly mark requests for contact information as optional, and (3) prohibit personally identifiable information from being sold or made available to third parties. It authorizes the Department of Education to develop a universal net price calculator that enables users to answer one set of questions and receive net prices for any IHE that is required to have a net price calculator. | {"src": "billsum_train", "title": "Net Price Calculator Improvement Act"} | 1,178 | 426 | 0.626398 | 2.116866 | 0.794163 | 2.862338 | 2.997403 | 0.846753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Securities Disclosure Act
of 2016''.
SEC. 2. CERTAIN PRIVATE ACTIVITY BONDS SUBJECT TO REGISTRATION.
Section 3(a)(2) of the Securities Act of 1933 (15 U.S.C. 77c(a)(2))
is amended by striking ``or any security which is an industrial
development bond'' and all that follows through ``section 103(c) does
not apply to such security;''.
SEC. 3. MUNICIPAL SECURITIES DISCLOSURE.
(a) In General.--Section 15B of the Securities Exchange Act of 1934
(15 U.S.C. 78o-4) is amended--
(1) in subsection (e)(8), by inserting after ``municipal
corporate instrumentality of a State'' the following: ``or of a
political subdivision of a State''; and
(2) by adding at the end the following:
``(f) Municipal Securities Disclosure.--
``(1) Periodic reports and reports of certain enumerated
events.--
``(A) In general.--Any issuer of, or obligated
person with respect to, municipal securities which has
outstanding during any portion of a fiscal year an
aggregate principal amount of municipal securities
exceeding such sums as determined by the Commission
shall prepare annual periodic reports and, in a timely
manner, reports of certain enumerated events, as
defined by rule or regulation of the Commission, in
such form and in such time periods as the Commission
may prescribe as being necessary or appropriate in the
public interest or for the protection of investors.
``(B) Deadline.--The Commission shall determine the
deadline for when a periodic report described under
subparagraph (A) shall be prepared.
``(C) Authority to scale requirements.--In issuing
rules to carry out subparagraphs (A) and (B), the
Commission may set different requirements for different
classes of issuers or other obligated persons,
including for issuers or other obligated persons of
different sizes, as appropriate.
``(2) Official statements for primary offerings.--
``(A) In general.--It shall be unlawful for any
issuer of, or obligated person with respect to,
municipal securities that offers or sells an issue of
municipal securities in a public offering, the
aggregate principal amount of which exceeds an amount
to be determined by the Commission, to make use of the
mails or any means or instrumentality of interstate
commerce to effect any transaction in, or to induce or
attempt to induce the purchase or sale of, any
municipal security unless such issuer or other
obligated person, prior to the offer or sale, prepares
and disseminates an official statement in accordance
with such rules and regulations as the Commission may
prescribe as being necessary or appropriate in the
public interest or for the protection of investors.
``(B) Contents.--The official statement described
in subparagraph (A) shall contain such information as
the Commission may, in its discretion, by rule or
regulation prescribe, including--
``(i) an identification and description of
the issuer of, or any other obligated person
with respect to, the securities being offered;
``(ii) a description of any legal
limitation on the incurrence of indebtedness by
the issuer, other obligated person, or the
taxing authority of the issuer;
``(iii) a description of the issuer's or
other obligated person's debt structure,
including information with respect to amounts
of authorized and outstanding debt, estimated
amount of short-term debt, character of
amortization provisions of debt, sinking fund
requirements, security for debt, nature and
extent of guaranteed debt, and debt service
requirements;
``(iv) a description of the nature and
extent of other material contingent liabilities
or commitments of the issuer or other obligated
person that could affect timely repayment of
the subject debt, including any loans or
alternative financings;
``(v) if any payment of principal or
interest on any security of the issuer or any
predecessor thereof has been defaulted on, or
has been postponed or delayed, during the 10
years preceding the date of the official
statement, a description of the date, amounts,
and circumstances of such default,
postponement, or delay and of the terms of any
succeeding arrangements thereof;
``(vi) if the securities are supported by
taxes (including special assessments or
payments in lieu of taxes)--
``(I) a description of the issuer's
or other obligated person's tax
authority and structure relating to the
specific tax or taxes that serve as
security for the debt over the 5 years
preceding the date of the official
statement, including the nature of
taxes levied, tax rates, real and
personal property valuation and
assessment procedures, amounts of
property valuations and assessments,
amounts of tax levies, amounts of tax
collections, and delinquent tax
procedures and experience;
``(II) if the applicable taxes have
not been levied as of the date of the
official statement, an estimate of the
future tax revenues during the term of
the securities, including the basis for
such estimate; and
``(III) a description of the
issuer's or other obligated person's
major taxpayers relating to the
specific tax or taxes that serve as
security for the debt;
``(vii) if material to the type of debt
being offered, the financial statements of the
issuer or other obligated person--
``(I) in such detail and form, and
for such periods beginning not earlier
than the 5th fiscal year of the issuer
or other obligated person ending before
the date of the official statement, as
the Commission may prescribe; and
``(II) for any fiscal year
beginning on or after December 31,
2015, that are audited and reported on
by an independent public, or certified
accountant or examiner from an
independent State agency authorized by
law to perform such functions, in such
manner as the Commission may prescribe;
``(viii) a description of the offering,
including amount to be offered, price, plan of
distribution, and underwriting arrangements and
compensation;
``(ix) a description of the securities to
be offered, including whether the securities
are secured by collateral or property, or other
credit enhancements, events of default, payment
of principal and interest, sinking fund,
redemption, debt reserve funds, priority, and
rights of security holders to bring suit
against the issuer or other obligated person;
``(x) a description of any project or
enterprise of the issuer or other obligated
person to be financed from the proceeds of the
securities being offered, a description of the
competitive environment for such project or
enterprise, including any major changes in such
competitive environment in the last 10 years,
any engineering or financial feasibility
reports or studies on the construction and
operation of the project or enterprise, and a
description of any additional financing
required to complete the project or enterprise,
including whether and when such additional
financing has been, or will be, procured;
``(xi) a description of the intended use of
the proceeds of the offering;
``(xii) a statement of counsel's opinion as
to the legality, validity, and enforceability
of the issuance of the securities to be
offered;
``(xiii) a description of any material
conflicts of interest of the issuer or other
obligated person, and any other party involved
in the offering; and
``(xiv) such other similar and specific
information as the Commission may by rule or
regulation require as necessary or appropriate
in the public interest or for the protection of
investors.
``(C) Preliminary form of certain information.--In
the case of an official statement prepared for an issue
of municipal securities before any sale of such issue,
the information specified in clauses (viii) and (ix) of
subparagraph (B) may be set forth in preliminary form.
``(3) Form of information and accounting methods.--The
Commission may--
``(A) prescribe, for reports and official
statements prepared pursuant to this subsection, the
form in which the required information, including
financial statements, shall be set forth, and the
accounting methods to be followed in the preparation of
financial statements; or
``(B) recognize forms for such information and
accounting methods for such financial statements that
are established by a standard setting body recognized
by the Commission.
``(4) Internal controls and systems for large issuers.--
``(A) In general.--Any issuer of, or other
obligated person with respect to, municipal securities
with outstanding municipal securities the aggregate
principal amount of which exceeds $10,000,000 shall
adopt internal controls and systems, including written
policies and procedures that, at a minimum--
``(i) clearly identify the officials
responsible for each aspect of disclosure
described in paragraph (2)(B);
``(ii) clearly state the process by which
official statements described by paragraph
(2)(A) are drafted and reviewed; and
``(iii) provide checks and balances to
ensure adequate supervision and reasonable
disbursement of responsibilities.
``(B) Statewide systems.--The Commission may
provide by rule that the provisions of this paragraph
may be satisfied with respect to an issuer or other
obligated person within a State by a statewide system
of disclosure controls and disclosure education for
such State.''.
(b) Safe Harbor for Forward-Looking Statements.--Section 21E(a) of
the Securities Exchange Act of 1934 (15 U.S.C. 78u-5(a)) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(2) by inserting after paragraph (1) the following:
``(2) an issuer or other obligated person that is subject
to and in compliance with the requirements of section
15B(f);'';
(3) in paragraph (3), as so redesignated, by striking
``such issuer'' and inserting ``an issuer or other obligated
person described in paragraph (1) or (2)'';
(4) in paragraph (4), as so redesignated, by striking
``such issuer making a statement on behalf of such issuer'' and
inserting ``an issuer or other obligated person described in
paragraph (1) or (2) making a statement on behalf of such
issuer or other obligated person''; and
(5) in paragraph (5), as so redesignated, by striking
``such issuer or information derived from information provided
by such issuer'' and inserting ``an issuer or other obligated
person described in paragraph (1) or (2) or information derived
from information provided by such issuer or other obligated
person''.
(c) Conforming Amendments.--
(1) Definition of exempted security.--Section
3(a)(12)(B)(ii) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)(12)(B)(ii)) is amended by striking ``sections 15
and 17A'' and inserting ``sections 15, 15B(f) and 17A''.
(2) Authority to exempt issuers.--Section 12(h) of the
Securities Exchange Act of 1934 (15 U.S.C. 78l(h)) is amended
by striking ``or 15(d)'' and inserting ``15(d), or 15B(f)''.
SEC. 4. EFFECTIVE DATE.
Each amendment made by this Act shall take effect on the date that
the Securities and Exchange Commission--
(1) determines is appropriate in the public interest and
for the protection of investors; and
(2) notifies the Congress of such determination. | Municipal Securities Disclosure Act of 2016 This bill amends the Securities Act of 1933 to require registration with the Securities and Exchange Commission (SEC) of certain industrial development bonds that finance private projects through municipal securities. (Currently, the Securities Act exempts these private activity municipal bonds from SEC registration.) The bill amends the Securities Exchange Act of 1934 to require state and local government issuers of municipal securities, or obligated persons or borrowers with respect to these securities, to prepare annual periodic reports and disseminate financial disclosures that the SEC determines appropriate in the public interest and for the protection of investors. (Currently, SEC antifraud rules do not regulate municipal securities issuers directly but the rules prohibit securities dealers from underwriting the buying or selling of municipal securities unless they obtain the state or local government issuer's agreement to provide ongoing disclosures to the Municipal Securities Rulemaking Board. The bill makes state or local government issuers directly responsible for providing the municipal securities disclosures by placing them under the SEC's jurisdiction.) The SEC may prescribe the accounting methods to be followed in the preparation of the financial statements or require the use of accounting methods established by a standard-setting body. An issuer or borrower of outstanding municipal securities exceeding $10 million must adopt internal controls that identify the officials responsible for preparing the required disclosures and provide checks and balances for adequate supervision. The SEC may allow these requirements to be satisfied through a statewide system of disclosure controls and disclosure education. | {"src": "billsum_train", "title": "Municipal Securities Disclosure Act of 2016"} | 2,612 | 320 | 0.546975 | 1.592716 | 0.765909 | 2.210145 | 8.746377 | 0.811594 |
SECTION 1. SHORT TITLE.
This Act may be cited the ``Student Loan Auction Market Act''.
SEC. 2. MARKET-BASED DETERMINATION OF LENDER RETURNS.
(a) Joint Planning Study To Select Auction Mechanisms for
Testing.--
(1) Planning study.--The Secretaries of Education and
Treasury jointly shall conduct a planning study, in
consultation with the Office of Management and Budget, the
Congressional Budget Office, the Government Accountability
Office, and other individuals and entities the Secretaries
determine appropriate, to--
(A) examine the matters described in paragraph (2)
in order to determine which market-based mechanisms for
determining lender returns on loans made, insured, or
guaranteed under part B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq.) shall be
tested under the pilot programs described in subsection
(c); and
(B) determine what related administrative and other
changes will be required in order to ensure that high-
quality services are provided under a successful
implementation of market-based determinations of lender
returns for all loans made, insured, or guaranteed
under such part.
(2) Matters examined.--The planning study under this
subsection shall examine--
(A) whether it is most appropriate to auction
existing loans under part B of title IV, to auction the
rights to originate loans under such part, or whether
the sale of securities backed by federally owned
student loan assets originated by banks acting as
agents of the Federal Government would provide the most
efficient market-based alternative;
(B) matters related to efficient financial
organization of any auctions or sales, including how
loans and origination rights are bundled, the capital
structure of any securitization plan, and issues
related to servicing; and
(C) how to ensure that statutory, regulatory, and
administrative requirements do not impede separate
management and ownership of loans or assets backed by
loans under part B of title IV.
(3) Mechanisms.--In determining which market-based
mechanisms are the most promising models to test the pilot
programs under subsection (b), the planning study shall take
into account whether a particular market-based mechanism will--
(A) ensure loan availability under part B of title
IV to all eligible students at all participating
institutions;
(B) minimize administrative complexity for
borrowers, institutions, lenders, and the Federal
Government; and
(C) reduce Federal costs if used on a program-wide
basis.
(4) Report.--A report on the results of the planning study,
together with a plan for implementation of one or more pilot
programs using promising market-based approaches for
determining lender returns, shall be transmitted to Congress
not later than 6 months following the date of enactment of this
Act.
(5) Exclusion.--In conducting the planning study, and
proposing pilot programs for testing under this section, the
Secretaries of Education and the Treasury shall exclude from
consideration the Federal PLUS loans described in section 428B
that are the subject of the competitive loan auction pilot
program under section 499 of the Higher Education Act of 1965
(as added by section 701 of the College Cost Reduction and
Access Act).
(b) Pilot Programs To Be Tested.--
(1) Authorization.--
(A) In general.--Notwithstanding any other
provision of law, after the report described in
subsection (a)(4) is transmitted to Congress, the
Secretary of Education shall, in consultation with the
Secretary of the Treasury, begin preparations necessary
to carry out pilot programs meeting the requirements of
this subsection in accordance with the implementation
plan included in the report.
(B) Implementation date.--The Secretary of
Education shall commence implementation of the pilot
programs under this subsection not earlier than July 1,
2009.
(C) Duration and loan volume.--The pilot programs
under this subsection shall be not more than two
academic years in duration, and the Secretary of
Education may use the pilot programs to determine the
lender returns for not more than--
(i) 10 percent of the annual loan volume
under this part B of title IV during the first
year of the pilot programs under this
subsection; and
(ii) 20 percent of the annual loan volume
under this part B of title IV during the second
year of the pilot programs under this
subsection.
(2) Voluntary participation.--
(A) Participation in any auction-based pilot
program under this subsection shall be voluntary for
eligible institutions and eligible lenders
participating under part B of title IV prior to July 1,
2006.
(B) All savings to the United States Treasury
generated by such auctions shall be distributed to
institutions participating under this section on a
basis proportionate to loan volume under such part for
supplemental, need-based financial aid, except that an
institution that is operating as an eligible lender
under section 435(d)(2) shall not be eligible for any
such distribution.
(3) Independent evaluation.--The Government Accountability
Office shall conduct an independent evaluation of the pilot
programs conducted under this section and under section 499 of
the Higher Education Act of 1965 (as added by section 701 of
the College Cost Reduction and Access Act). Such evaluation
shall be completed, and the results of such submitted to the
Secretary of Education, the Secretary of the Treasury, and
Congress, not later than 120 days after the termination of the
pilot programs under this subsection.
(c) Program-Wide Implementation.--Notwithstanding any other
provision of part B of title IV, for the first academic year beginning
not less than 120 days after the independent evaluation described in
subsection (b)(3) has been transmitted to Congress, and succeeding
academic years, the Secretary of Education is authorized to implement
for all loans made under such part (other than loans made under the
William D. Ford Direct Loan Program), a program-wide, market-based
system to determine returns to all lenders as the Secretary of
Education determines appropriate, provided that--
(1) the Secretary of Education, in consultation with the
Secretary of the Treasury, has certified that the auction-based
system that the Secretary of Education intends to implement on
a program-wide basis would--
(A) ensure loan availability under such part to all
eligible students at all participating institutions;
(B) minimize administrative complexity for
borrowers, institutions, lenders, and the Federal
Government, including the enhancement of the
modernization of the student financial aid system; and
(C) reduce Federal costs when used on a program-
wide basis; and
(2) the Secretary of Education has notified Congress of the
Secretary's intent to implement a program-wide auction-based
system, and provided a description of the structure of the
auction-based system, at least 120 days before implementing
such a system.
(d) Consultation.--
(1) In general.--As part of the planning study, pilot
programs, and program-wide implementation phases described in
this section, the Secretary of Education shall consult with
representatives of investment banks, ratings agencies, lenders,
institutions of higher education and students, as well as
individuals or other entities with pertinent technical
expertise. The Secretary of Education shall engage in such
consultations using such methods as, and to the extent that,
the Secretary determines appropriate to the time constraints
associated with the study and programs.
(2) Services of other federal agencies.--In carrying out
the planning study and pilot programs described in this
section, the Secretary of Education may use, on a reimbursable
basis, the services (including procurement authorities and
services), equipment, personnel, and facilities of other
agencies and instrumentalities of the Federal Government. | Student Loan Auction Market Act - Directs the Secretary of Education (Secretary) and the Secretary of the Treasury to conduct a planning study of alternative market-based mechanisms for setting lenders' yields on Federal Family Education Loans under part B of title IV of the Higher Education Act of 1965.
Requires such study to be followed by a limited two-year pilot program testing the mechanisms which the study finds most promising in ensuring loan availability, minimizing administrative complexity, and reducing federal costs. Allows the Secretary to implement on a program-wide basis the auction-based system proven to satisfy such criteria, after an independent evaluation by the Government Accountability Office (GAO) of the pilot program, as well as the Competitive Loan Auction Pilot program established under the College Cost Reduction and Access Act. | {"src": "billsum_train", "title": "To study, pilot, and implement a comprehensive, structural, market-based reform to the Federal Family Education Loan Program to reduce costs to taxpayers and improve program efficiency."} | 1,575 | 171 | 0.594112 | 1.8114 | 0.811711 | 2.880795 | 10.370861 | 0.880795 |
SECTION 1. MODIFICATIONS TO CARBON DIOXIDE SEQUESTRATION CREDIT.
(a) Allocation and Certification of Credit.--
(1) In general.--Subsection (e) of section 45Q of the
Internal Revenue Code of 1986 is amended to read as follows:
``(e) Limitation.--
``(1) Allocation limitation.--No credit shall be allowed
under subsection (a) with respect to qualified carbon dioxide
captured by carbon capture equipment at a qualified facility
for the amount of qualified carbon dioxide captured by such
carbon capture equipment in excess of--
``(A) the portion of the national limitation
allocated with respect to such carbon capture equipment
under subsection (f), over
``(B) the amount of qualified carbon dioxide
captured by such carbon capture equipment during
periods after July 31, 2013.
``(2) National limitation.--For purposes of paragraph
(1)(A), the national limitation is the excess of--
``(A) 75,000,000 metric tons of qualified carbon
dioxide, over
``(B) the number of metric tons of qualified carbon
dioxide captured before August 1, 2013, for which a
credit under subsection (a) was allowed.''.
(2) Allocation and certification.--Section 45Q of such Code
is amended by adding at the end the following new subsection:
``(f) Allocation for and Certification of Carbon Capture
Projects.--
``(1) Establishment of procedures.--Not later than July 1,
2013, the Secretary shall establish, by regulation, processes
and procedures--
``(A) for allocating the national limitation under
subsection (e)(2) to projects for placing carbon
capture equipment in service at qualified facilities,
and
``(B) for certifying projects for which an
allocation has been made under subparagraph (A).
``(2) Allocations.--
``(A) Application.--Each applicant for an
allocation under this subsection shall submit an
application to the Secretary under such terms and
conditions as are established by the Secretary in
regulations.
``(B) Priority.--The Secretary shall rank
applications received under subparagraph (A) in the
following order:
``(i) Applicants with applications received
by the Secretary on an earlier date shall be
given higher priority than applicants with
applications received on a later date. For
purposes of this clause, any application
received before the date that is 30 days after
the procedures and processes described in
paragraph (1) are established shall be
considered to have been received on such date.
``(ii) In the case of applications received
on the same date, those applicants concurrently
applying for certification shall be given
higher priority.
``(iii) In the case of applications
received on the same date and concurrently
applying for certification, those projects with
the earlier date by which construction
commenced shall be given higher priority.
``(C) Allocation to applicants.--Subject to
subparagraph (D), the Secretary shall allocate tonnage
to each applicant--
``(i) based on the amount requested on the
application, and
``(ii) in order of the rank of the
application under subparagraph (B),
until the amount of tonnage available under this
section is exhausted. Projects for which no or a
partial allocation is made shall retain their ranking
and shall be eligible to receive an allocation of
tonnage previously allocated that is forfeited or
recaptured.
``(D) Limitation.--The Secretary may not allocate
to any project more than the lesser of--
``(i) the number of metric tons of
qualified carbon dioxide projected to be
captured at the qualified facility under the
project during the 10-year period beginning on
the date on which such project is placed in
service,
``(ii) the number of metric tons of
qualified carbon dioxide projected to be
captured at the qualified facility under the
project--
``(I) which are subject to a
written, binding contract for disposal
in secure geological storage (whether
or not used as a tertiary injectant),
or
``(II) for which there is a plan
for such disposal by the applicant, or
``(iii) 15,000,000 metric tons of qualified
carbon dioxide.
``(E) Reduction for prior credits.--The amount of
any allocation under subparagraph (C) to any project
shall be reduced by the number of metric tons of carbon
dioxide captured by the carbon capture equipment with
respect to such project before August 1, 2013, for
which a credit was allowed under subsection (a).
``(3) Certification.--
``(A) In general.--No credit shall be allowed under
subsection (a) with respect to any project for using
carbon capture equipment to capture qualified carbon
dioxide at a qualified facility before the date on
which such project is certified under this paragraph.
``(B) Application for certification.--Each project
which is allocated a portion of the national limitation
shall submit an application for certification to the
Secretary containing such information as the Secretary
may require. Such application shall be submitted--
``(i) not later than--
``(I) 6 months after the date on
which such project receives an
allocation, and
``(II) 30 days after the later of
the date on which the regulations,
processes, and procedures are
established under paragraph (1) or the
construction start date, and
``(ii) not earlier than the construction
start date.
For purposes of this subparagraph, the term
`construction start date' means the earlier of the
first date on which physical work on the project of a
significant nature is undertaken or the date by which 5
percent or more of the total cost of the project has
been spent.
``(C) Revocation of certification.--
``(i) Materially inaccurate
representations.--The Secretary may revoke a
certification under this paragraph if the
Secretary determines that an applicant has made
a materially inaccurate representation with
respect to the project.
``(ii) Failure to timely place equipment in
service.--A certification under this paragraph
shall be revoked in any case in which carbon
capture equipment with respect to the project
is not placed in service--
``(I) before the date which is 5
years after the date on which the
allocation was issued, in the case of a
new industrial facility, or
``(II) before the date which is 3
years after the date on which the
allocation was issued, in the case of a
modification of an existing industrial
facility.
``(D) Reallocation.--In any case--
``(i) in which a certification is revoked
under subparagraph (C), or
``(ii) in which a taxpayer to whom an
allocation is made under paragraph (2) fails to
obtain certification for a project under this
paragraph,
the amount of national limitation which was allocated
to such project under paragraph (2) shall be
reallocated under such rules as established by the
Secretary under regulations.
``(4) Public disclosure.--
``(A) In general.--The Secretary shall, within 30
days of making any allocation, certification,
revocation, or change in the ranking of projects,
publicly disclose the amount of such allocation, a
description of the project for which such allocation,
certification, or revocation was made, and the change
in the ranking of projects, as the case may be.
``(B) Annual report.--The Secretary shall issue an
annual report summarizing credits allocated and
available for allocation.''.
(3) Conforming amendments.--
(A) Paragraph (2) of section 45Q(c) of such Code is
amended by inserting ``which is part of a project which
is certified under subsection (f)(3)'' after ``carbon
capture equipment''.
(B) Paragraph (3) of section 45Q(c) of such Code is
amended by striking ``which'' and inserting ``at which
such carbon capture equipment''.
(b) 10-Year Credit Limitation.--Section 45Q(a) of the Internal
Revenue Code of 1986 is amended--
(1) in paragraph (1)(A), by inserting ``during the 10-year
period beginning on the later of the date on which the carbon
capture equipment described in subsection (c)(1) is placed in
service or the date on which the project with respect to such
carbon capture equipment was certified under subsection
(f)(3)'' after ``qualified facility'', and
(2) in paragraph (2)(A), by inserting ``during the 10-year
period beginning on the later of the date on which the carbon
capture equipment described in subsection (c)(1) is placed in
service or the date on which the project with respect to such
carbon capture equipment was certified under subsection
(f)(3)'' after ``qualified facility''.
(c) Definition of Carbon Capture Equipment.--Section 45Q(d) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(8) Carbon capture equipment.--The term `carbon capture
equipment' means equipment to capture and pressurize qualified
carbon dioxide.''.
(d) Credit Allowed to Taxpayer Performing Carbon Capture.--
(1) In general.--Paragraph (5) of section 45Q(d) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(5) Person to whom credit is allowable.--
``(A) In general.--Except as provided in
subparagraph (B) or in regulations prescribed by the
Secretary, any credit under this section shall be
allowed to the taxpayer who--
``(i) captures the qualified carbon
dioxide, and
``(ii) through contract or otherwise,
disposes of the qualified carbon dioxide in a
manner meeting the requirements of paragraph
(1)(B) or (2)(C) of subsection (a), as the case
may be.
``(B) Election to allow credit to person disposing
carbon dioxide.--If the person described in
subparagraph (A) makes an election under this
subparagraph in such manner as the Secretary may
prescribe by regulations, the credit under this
section--
``(i) shall be allowable to the person that
disposes of qualified carbon dioxide in a
manner meeting the requirements of paragraph
(1)(B) or (2)(C) of subsection (a), as the case
may be, and
``(ii) shall not be allowable to the person
described in subparagraph (A).''.
(2) Conforming amendments.--
(A) Section 45Q(a) of such Code is amended by
striking ``by the taxpayer'' each place it appears in
paragraph (1)(B), (2)(B), and (2)(C).
(B) Section 45Q(c) of such Code, as amended by
subsection (a), is amended by striking paragraph (1)
and redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(e) Rules Relating to Credit Recapture.--Paragraph (6) of section
45Q(d) of the Internal Revenue Code of 1986 is amended by adding at the
end the following new sentence: ``Notwithstanding section 7805(b), any
regulation issued pursuant to this paragraph shall apply only with
respect to qualified carbon dioxide captured or disposed of after the
date on which such regulation is filed with the Federal Register.''.
(f) Effective Date.--The amendments made by this section shall
apply to carbon dioxide captured after July 31, 2013. | Amends the Internal Revenue Code, with respect to the tax credit for carbon dioxide sequestration, to: (1) establish a national limitation for such credit based upon metric tons of qualified carbon dioxide (defined as carbon dioxide captured from an industrial source that would otherwise be released into the atmosphere as industrial emission of greenhouse gas and that is measured at the source of capture and verified at the point of disposal or injection); (2) direct the Secretary of the Treasury to establish processes and procedures for allocating the national limitation and for certifying projects for which an allocation has been made; (3) impose a 10-year limitation period for such credit; (4) identify the primary taxpayer eligible to claim such credit as the taxpayer who captures the qualified carbon dioxide and disposes, through contract or otherwise, of the qualified carbon dioxide in a specified manner; and (5) provide for the transferability of such credit. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to modify the credit for carbon dioxide sequestration."} | 2,467 | 184 | 0.638752 | 1.852514 | 0.654025 | 2.265537 | 13.412429 | 0.819209 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Convict Service Labor Prohibition
Act of 1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the United States exists in a changed international
economic environment;
(2) one part of this changed market place is an increase in
international trade and an advocacy by many policy makers and
many in the private sector of so-called free trade, based on
the reduction of tariff and non-tariff barriers to trade, a
major manifestation of which is the negotiation of a North
American Free Trade Agreement;
(3) although expanded trade may provide increased economic
opportunity for some segments of the United States society, it
may also cause the loss of thousands of United States jobs. As
United States companies move their operations out of the United
States to take advantage of labor that costs as little as one-
tenth of the wages of United States workers, the well-being of
working people across the United States is threatened;
(4) another part of the changed United States market place
is the greatly increased importance of the service sector and
of service-based jobs in the United States;
(5) the United States Customs Service ruled on July 15,
1992, in a case involving the sorting of coupons by Mexican
prisoners in a maquiladora operation that existing Federal law
does not prohibit the importation of goods upon which services
were performed by forced, convict or prison labor;
(6) the Customs Service ruling of July 15, 1992, allows the
performance of a wide range of service activities, including
laundry cleaning, auto repair, appliance repair, and many
others, by prisoners in Mexico and other countries, possibly
even including some assembly operations that make up so much of
the so-called off-shore enterprises;
(7) the Customs Service ruling of July 15, 1992, will cost
thousands of additional United States jobs as international
trade continues to expand and U.S. companies continue to take
advantage of low-waged labor, including imprisoned workers,
against which United States workers cannot compete; and
(8) existing Federal trade law is intended to protect
United States workers from the unfair foreign competition of
work done in other countries by forced, convict or prison
labor; however, in light of the Customs Service ruling of July
15, 1992, existing Federal law is clearly inadequate to protect
United States workers.
(b) Purpose.--The purpose of this Act is to amend and enhance
Federal law protections for United States jobs by prohibiting the
importation into the United States from any other country goods on
which services were performed by convicts or prisoners, and by
establishing penalties for violation of this Act.
SEC. 3. TRANSPORTING OR IMPORTING GOODS MADE BY OR SERVICES PROVIDED BY
CONVICTS OR PRISONERS.
Section 1761 of title 18, United States Code, is amended in
subsection (a) by inserting after ``mined,'' the following: ``or on
which services were performed,''.
SEC. 4. FAILURE TO MARK PACKAGES MADE BY AND IDENTIFY SERVICES PROVIDED
BY CONVICTS OR PRISONERS.
Section 1762(a) of title 18, United States Code, is amended by
inserting after ``mined,'' the following: ``or on which services were
performed,''.
SEC. 5. ENFORCEMENT OF PROHIBITION AGAINST IMPORTATION OF CONVICT-MADE
GOODS.
Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) is amended--
(1) by striking ``All goods'' and inserting ``(a) In
General--All goods'';
(2) in subsection (a) (as designated by paragraph (a) of
this subsection)--
(A) by inserting after ``manufactured'' the
following: ``, or on which services are performed,'';
and
(B) by striking the second sentence;
(3) by striking ```Forced Labor,'''; and
(4) by adding at the end the following new subsection:
``(c) Penalties.--
``(1) In general.--Any person who--
``(A) enters or imports, or attempts to enter or
import, goods, wares, articles, or merchandise into the
customs territory of the United States in violation of
subsection (a); and
``(B) knew or should have known that such entry or
importation, or attempted entry or importation, was in
violation of such subsection, shall be liable to pay to
the United States a civil penalty.
``(2) Amount of penalty.--Any civil penalty imposed under
paragraph (1) shall be in an amount not to exceed--
``(A) $10,000 for one violation;
``(B) $100,000 in the case of a person previously
subject to a penalty for one violation under this
section; or
``(C) $1,000,000 in the case of a person previously
subject to penalties for more than one violation under
this section.
``(3) Regulations required.--The Secretary of the Treasury
shall by regulation, within one year of the date of enactment
of this Act, prescribe procedures for imposing penalties under
this section, including, but not limited to, prepenalty
notice.''. | Convict Service Labor Prohibition Act of 1993 - Amends Federal law to establish penalties and fines for persons who knowingly transport in interstate commerce or import from a foreign country goods on which services are performed wholly or in part by convicts or prisoners. Requires all packages containing such goods to be clearly marked with certain content information.
Amends the Tariff Act of 1930 to prohibit the importation of such goods. Sets forth civil penalties for violation of such prohibition. | {"src": "billsum_train", "title": "Convict Service Labor Prohibition Act of 1993"} | 1,165 | 109 | 0.374776 | 0.959221 | 0.635044 | 1.942529 | 12.563218 | 0.747126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Immunization Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) 90 percent of all children under the age of 2 receive
at least one vaccination yet only 40 to 60 percent of these
children receive a complete set of vaccinations;
(2) the low immunization rate for children stems from
inadequate immunization delivery systems and a lack of public
education concerning the risks related to the nonimmunization
of children; and
(3) government health care programs must coordinate their
activities in order to increase immunization rates.
(b) Purpose.--It is the purpose of this Act to--
(1) provide an enhanced Federal match under title XIX of
the Social Security Act for State making certain low income
individuals eligible for immunization services;
(2) provide authority for reimbursements to vaccine
manufacturers under vaccine replacement programs;
(3) provide authority for states to reduce AFDC benefits
for adults who fail to properly immunize their children; and
(4) extend the Vaccine Injury Compensation Program.
SEC. 3. ENHANCED FEDERAL MATCH FOR STATES MAKING INDIVIDUALS WITH
INCOMES UP TO 185 PERCENT OF THE POVERTY LINE ELIGIBLE
FOR IMMUNIZATION SERVICES.
(a) Adjustments to Income Levels.--Section 1902(l)(2) of the Social
Security Act (42 U.S.C. 1396a(l)(2)) is amended--
(1) in subparagraph (B), by striking ``(B) For purposes''
and inserting ``(B)(i) Except as provided in clause (ii), for
purposes'' and by adding at the end the following new clause:
``(ii) For purposes of determining eligibility for immunization
services under the State plan, the State may apply clause (i) by
substituting `185 percent' for `133 percent' in order to receive
enhanced payments under section 1903(a)(7).''; and
(2) in subparagraph (C), by striking ``(C) For purposes''
and inserting ``(C)(i) Except as provided in clause (ii), for
purposes'' and by adding at the end the following new clause:
``(ii) For purposes of determining eligibility for immunization
services under the State plan, the State may apply clause (i) by
substituting `185 percent' for `100 percent' in order to receive
enhanced payments under section 1903(a)(7).''.
(b) Simplified Application and Billing Procedure for Immunization
Services.--Section 1902(l)(2) of the Social Security Act (42 U.S.C.
1396a(l)(2)) is amended by adding at the end the following new
subparagraph:
``(D)(i) Each State which establishes income levels under
subparagraphs (A), (B)(ii), and (C)(ii) which are equal to 185 percent
of the income official poverty line described in subparagraph (A) for
only immunization services shall--
``(I) implement a simplified application procedure for such
services which--
``(aa) permits applications for such services to be
submitted at locations described in section 1902(a)(55)
and locations where eligibility determinations under
section 1920 are made; and
``(bb) complies with requirements established by
the Secretary; and
``(II) implement a simplified billing procedure for such
services which complies with requirements established by the
Secretary.
``(ii) Not later than 1 year after the date of the enactment of
this subparagraph, the Secretary shall establish the requirements
referred to in subclauses (I) and (II) of clause (i).''.
(c) Enhanced Match.--Section 1903(a) of the Social Security Act (42
U.S.C. 1396b(a)) is amended by redesignating paragraph (7) as paragraph
(8) and by inserting after paragraph (6) the following new paragraph:
``(7) in the case of a State which--
``(A) has established income levels under
subparagraphs (A), (B)(ii), and (C)(ii) of section
1902(l)(2) with respect to eligibility under the State
plan for immunization services which are equal to 185
percent of the income official poverty line (as defined
by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the
Omnibus Budget Reconciliation Act of 1981) applicable
to a family of the size involved,
``(B) has established a simplified application and
billing procedure for immunization services as required
under subparagraph (D) of section 1902(l)(2), and
``(C) provides reasonable reimbursement to
providers of immunization services,
an amount equal to the product of the total amount expended
during such quarter on immunization services, multiplied by 90
percent;''.
(d) Effective Date.--The amendments made by this section shall
apply to immunization services furnished in calendar quarters beginning
after June 30, 1993.
SEC. 4. REIMBURSEMENT TO VACCINE MANUFACTURERS.
(a) In General.--Section 1902(a)(32) of the Social Security Act (42
U.S.C. 1396a(32)) 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 ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) nothing in this paragraph shall be construed
to prevent the making of such a payment to a
manufacturer of a childhood vaccine under a contract
with the State pursuant to which the manufacturer
participates in a vaccine replacement program described
in subsection (z).''.
(b) Vaccine Replacement Program.--Section 1902 of such Act (42
U.S.C. 1396) is amended by adding at the end the following new
subsection:
``(z)(1) A vaccine replacement program described in this subsection
is a program under which a State with a State plan approved under this
title contracts with each manufacturer of childhood vaccines selling
such vaccines in the State to--
``(A) supply doses of childhood vaccines to providers (or
in the case of a State medicaid vaccine program, the State)
administering such vaccines to individuals eligible to receive
medical assistance under the State plan and replace such
vaccines as needed; and
``(B) charge the State agency for such doses of childhood
vaccines the price under the most recent bid (determined once
such bid price is made public) submitted by the manufacturer
who received the Centers for Disease Control and Prevention
contract with respect to the childhood immunization program,
plus a reasonable fee to cover shipping and handling of returns
for such doses.
``(2) Any manufacturer of childhood vaccines which does not
participate in a vaccine replacement program described in paragraph (1)
shall be ineligible to bid for Centers for Disease Control and
Prevention immunization contracts under section 317(j) of the Public
Health Services Act.''.
(c) Agreements With the State.--Section 1902(a)(27) of such Act (42
U.S.C. 1396a(a)(27)) is amended--
(1) by striking ``under the State plan'' and inserting
``under the State plan and with any entity that is a
manufacturer of a childhood vaccine under a contract with the
State pursuant to which the manufacturer participates in a
vaccine replacement program described in subsection (z)''; and
(2) by striking ``such person or institution'' each place
it appears and inserting ``such person, institution, or
entity''.
(d) Effective Date.--The amendments made by this section shall be
effective on the date of the enactment of this Act.
SEC. 5. STATE OPTION TO PROVIDE THAT CERTAIN PAYMENTS UNDER AFDC ARE
CONDITIONED ON RECEIPT OF IMMUNIZATIONS.
(a) In General.--Section 402 of the Social Security Act (42 U.S.C.
602) is amended--
(1) in paragraph (44), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (45), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraph:
``(46) at the option of the State, provide that for any
month in which a family receiving aid to families with
dependent children has a member who is an individual who has
not attained 6 years of age and who has not received
appropriate immunizations (as determined by the State), may
take actions designed to encourage timely immunization of such
children, including but not limited to reducing the total
benefits received by such family for such month by the amount
of such benefits, or any portion thereof, allocable to the
parent or guardian of the child in question.''.
(c) Effective Date.--The amendment made by subsection (a) shall
become effective on the date of the enactment of this Act.
SEC. 6. NATIONAL VACCINE INJURY COMPENSATION PROGRAM AMENDMENTS.
(a) Tax.--
(1) In general.--Subsection (c) of section 4131 of the
Internal Revenue Code of 1986 (relating to tax on certain
vaccines) is repealed.
(2) Reinstatement of tax.--The tax imposed by section 4131
of the Internal Revenue Code of 1986 is hereby reinstated
effective on the date of enactment of this Act.
(b) Trust Fund.--
(1) Paragraph (1) of section 9510(c) of such Code (relating
to expenditures from Vaccine Injury Compensation Trust Fund) is
amended by striking ``and before October 1, 1992,''.
(2) Section 6601(r) of the Omnibus Budget Reconciliation
Act of 1989 is amended by striking out ``$2,500,000 for each of
fiscal years 1991 and 1992'' each place it appears and
inserting in lieu thereof ``$3,000,000 for fiscal year 1994 and
each fiscal year thereafter'' (in three places).
(c) Study.--The Secretary of the Treasury, in consultation with the
Secretary of Health and Human Services, shall conduct a study of--
(1) the estimated amount that will be paid from the Vaccine
Injury Compensation Trust Fund with respect to vaccines
administered after September 30, 1988, and before October 1,
1994;
(2) the rates of vaccine-related injury or death with
respect to the various types of such vaccines;
(3) new vaccines and immunization practices being developed
or used for which amounts may be paid from such Trust Fund;
(4) whether additional vaccines should be included in the
vaccine injury compensation program;
(5) whether the current levels of excise tax are
appropriate to the estimated needs of the Fund; and
(6) the appropriate treatment of vaccines produced by State
governmental entities.
The report of such study shall be submitted not later than January 1,
1994, to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate.
SEC. 7. MATERNITY SERVICES INFORMATION.
(a) In General.--The Secretary shall develop and through State
health officials disseminate, to all hospitals that provide maternity
services, informational materials concerning immunization and well-baby
care, including an immunization schedule.
(b) Dissemination by Providers.--To be eligible for funds under
title XVIII or XIX of the Social Security Act, a health care provider
providing maternity services shall disseminate the immunization
materials described in subsection (a) to new parents to which such
provider provides services. | National Immunization Act - Amends the Social Security Act (SSA) to: (1) give States, in order to be eligible for enhanced Federal payments, the option of covering under their Medicaid (SSA title XIX) plans childhood immunization services for children of families with incomes up to 185 percent of the poverty line; (2) require States which exercise such option to implement simplified application and billing procedures for such services; (3) allow States with approved Medicaid plans to contract with manufacturers to supply vaccines for administration to children of Medicaid-eligible families at Federal discounted prices; and (4) give States the option of reducing AFDC (Aid to Families with Dependent Children) payments under SSA title IV part A to families with children who have not received appropriate immunizations.
Amends the Internal Revenue Code to reinstate and continue indefinitely the imposition of taxes on certain vaccines under the National Vaccine Injury Compensation Program.
Amends the Omnibus Budget Reconciliation Act of 1989 to reauthorize and extend such Program.
Requires a study and report to the Congress by the Secretary of the Treasury on Program funding and payments and whether additional vaccines should be included in the Program.
Requires the Secretary of Health and Human Services to develop and disseminate to all hospitals that provide maternity services informational materials on immunization and well-baby care.
Requires providers of such services to disseminate such materials to new parents served by them in order to be eligible for funds under SSA titles XVIII (Medicare) or XIX. | {"src": "billsum_train", "title": "National Immunization Act"} | 2,696 | 348 | 0.582898 | 1.700805 | 0.699274 | 2.459649 | 8.094737 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy Carbon Capture
and Storage Research, Development, and Demonstration Act of 2007''.
SEC. 2. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is
amended--
(1) in the section heading, by striking ``research and
development'' and inserting ``and storage research,
development, and demonstration'';
(2) in subsection (a)--
(A) by striking ``research and development'' and
inserting ``and storage research, development, and
demonstration''; and
(B) by striking ``capture technologies on
combustion-based systems'' and inserting ``capture and
storage technologies related to energy systems'';
(3) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) to expedite and carry out large-scale testing of
carbon sequestration systems in a range of geological
formations that will provide information on the cost and
feasibility of deployment of sequestration technologies.''; and
(4) by striking subsection (c) and inserting the following:
``(c) Programmatic Activities.--
``(1) Energy research and development underlying carbon
capture and storage technologies.--
``(A) In general.--The Secretary shall carry out
fundamental science and engineering research (including
laboratory-scale experiments, numeric modeling, and
simulations) to develop and document the performance of
new approaches to capture and store carbon dioxide.
``(B) Program integration.--The Secretary shall
ensure that fundamental research carried out under this
paragraph is appropriately applied to energy technology
development activities and the field testing of carbon
sequestration activities, including--
``(i) development of new or improved
technologies for the capture of carbon dioxide;
``(ii) modeling and simulation of
geological sequestration field demonstrations;
and
``(iii) quantitative assessment of risks
relating to specific field sites for testing of
sequestration technologies.
``(2) Field validation testing activities.--
``(A) In general.--The Secretary shall promote, to
the maximum extent practicable, regional carbon
sequestration partnerships to conduct geologic
sequestration tests involving carbon dioxide injection
and monitoring, mitigation, and verification operations
in a variety of candidate geological settings,
including--
``(i) operating oil and gas fields;
``(ii) depleted oil and gas fields;
``(iii) unmineable coal seams;
``(iv) saline formations; and
``(v) deep geologic systems that may be
used as engineered reservoirs to extract
economical quantities of heat from geothermal
resources of low permeability or porosity.
``(B) Objectives.--The objectives of tests
conducted under this paragraph shall be--
``(i) to develop and validate geophysical
tools, analysis, and modeling to monitor,
predict, and verify carbon dioxide containment;
``(ii) to validate modeling of geological
formations;
``(iii) to refine storage capacity
estimated for particular geological formations;
``(iv) to determine the fate of carbon
dioxide concurrent with and following injection
into geological formations;
``(v) to develop and implement best
practices for operations relating to, and
monitoring of, injection and storage of carbon
dioxide in geologic formations;
``(vi) to assess and ensure the safety of
operations related to geological storage of
carbon dioxide; and
``(vii) to allow the Secretary to
promulgate policies, procedures, requirements,
and guidance to ensure that the objectives of
this subparagraph are met in large-scale
testing and deployment activities for carbon
capture and storage that are funded by the
Department of Energy.
``(3) Large-scale testing and deployment.--
``(A) In general.--The Secretary shall conduct not
less than 7 initial large-volume sequestration tests
for geological containment of carbon dioxide (at least
1 of which shall be international in scope) to validate
information on the cost and feasibility of commercial
deployment of technologies for geological containment
of carbon dioxide.
``(B) Diversity of formations to be studied.--In
selecting formations for study under this paragraph,
the Secretary shall consider a variety of geological
formations across the United States, and require
characterization and modeling of candidate formations,
as determined by the Secretary.
``(4) Preference in project selection from meritorious
proposals.--In making competitive awards under this subsection,
subject to the requirements of section 989, the Secretary shall
give preference to proposals from partnerships among
industrial, academic, and government entities.
``(5) Cost sharing.--Activities under this subsection shall
be considered research and development activities that are
subject to the cost-sharing requirements of section 988(b).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $90,000,000 for fiscal year 2007;
``(2) $105,000,000 for fiscal year 2008; and
``(3) $120,000,000 for fiscal year 2009.''. | Department of Energy Carbon Capture and Storage Research, Development, and Demonstration Act of 2007 - Amends the Energy Policy Act of 2005 to direct the Secretary of Energy to: (1) carry out fundamental science and engineering research to develop and document new approaches to capture and store carbon dioxide; (2) ensure that fundamental research is appropriately applied to energy technology development activities and the field testing of carbon sequestration activities; (3) promote regional carbon sequestration partnerships to conduct geologic sequestration tests involving carbon dioxide in a variety of geological settings; and (4) conduct at least seven initial large-volume sequestration tests for geological containment of carbon dioxide.
Directs the Secretary, in making competitive awards, to give preference to proposals from partnerships among industrial, academic, and government entities. | {"src": "billsum_train", "title": "A bill to amend the Energy Policy Act of 2005 to reauthorize and improve the carbon capture and storage research, development, and demonstration program of the Department of Energy and for other purposes."} | 1,198 | 165 | 0.669883 | 1.864344 | 0.849245 | 5.053691 | 7.496644 | 0.973154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Problem Gambling Act
of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Problem gambling is a public health disorder
characterized by increasing preoccupation with gambling, loss
of control, restlessness or irritability when attempting to
stop, and continuation of the gambling behavior in spite of
mounting, serious, negative consequences.
(2) Over 6,000,000 adults met criteria for a gambling
problem last year.
(3) The estimated social cost to families and communities
from bankruptcy, divorce, job loss, and criminal justice costs
associated with problem gambling was $6,700,000,000 last year.
(4) Problem gambling is associated with higher incidence of
bankruptcy, domestic abuse, and suicide.
(5) Problem gamblers have high rates of co-occurring
substance abuse and mental health disorders.
(6) In response to current budget shortfalls, many States
are considering or have enacted legislation to expand legal
gambling activities with the intent of raising State revenues.
(7) The Substance Abuse and Mental Health Services
Administration (SAMHSA) is the lead Federal agency for
substance abuse and mental health services.
(8) There are no agencies or individuals in the Federal
Government with a formal responsibility for problem gambling.
SEC. 3. INCLUSION OF GAMBLING IN SAMHSA AUTHORITIES.
Section 501(d) of the Public Health Service Act (42 U.S.C.
290aa(d)) is amended--
(1) by striking ``and'' at the end of paragraph (17);
(2) by striking the period at the end of paragraph (18) and
inserting ``; and''; and
(3) by adding at the end the following:
``(19) establish and implement programs for the
identification, prevention, and treatment of problem and
pathological gambling.''.
SEC. 4. PUBLIC AWARENESS.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') shall carry out a national
campaign to increase knowledge and raise awareness with respect to
problem gambling issues within the general public, including supporting
and augmenting existing national campaigns and the production and
placement of public service announcements.
(b) Voluntary Donations.--In carrying out subsection (a), the
Secretary shall--
(1) administer and coordinate the voluntary donation of
resources to assist in the implementation of new programs and
the augmentation of existing national campaigns to provide
national strategies for dissemination of information intended
to address problem gambling from--
(A) the television, radio, motion picture, cable
communications, and print media;
(B) the advertising industry;
(C) the business sector of the United States; and
(D) professional sports organizations and
associations; and
(2) encourage media outlets throughout the country to
provide information aimed at preventing problem gambling,
including public service announcements, documentary films, and
advertisements.
(c) Focus.--In carrying out subsection (a), the Secretary shall
target radio and television audiences of, but not limited to, sporting
and gambling events.
(d) Evaluation.--In carrying out subsection (a), the Secretary
shall evaluate and report to the President and to the Congress on the
effectiveness of activities under this section.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $200,000 for
each of fiscal years 2010 through 2014.
SEC. 5. RESEARCH.
(a) In General.--The President shall establish and implement a
national program of research on problem gambling.
(b) Coordination.--In carrying out this section, the President
shall appoint an advisory commission, including individuals not
currently employed by the Federal Government, to coordinate the
activities of Federal agencies relating to research on problem
gambling, including the activities of the National Institutes of
Health, the National Science Foundation, the National Institute of
Justice, the Bureau of Justice Statistics, and the Substance Abuse and
Mental Health Services Administration.
(c) National Gambling Impact Study Commission Report.--In carrying
out this section, the President shall consider the recommendations that
appear in chapter 8 of the June 18, 1999, report of the National
Gambling Impact Study Commission.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $4,000,000 for
each of fiscal years 2010 through 2014.
SEC. 6. TREATMENT.
(a) Grants.--
(1) In general.--The Secretary may make grants to States,
local, and tribal governments, and nonprofit agencies to
provide comprehensive services with respect to treatment and
prevention of problem gambling issues and education about
problem gambling issues.
(2) Application for grant.--A grant may be made under
paragraph (1) only if an application for the grant is submitted
to the Secretary and the application is in such form, is made
in such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to
carry out this subsection.
(3) Authorization of appropriations.--For the purpose of
carrying out this subsection, there is authorized to be
appropriated $10,000,000 for each of fiscal years 2010 through
2014.
(b) Treatment Improvement Protocol.--The President, acting through
the Administrator of the Substance Abuse and Mental Health Services
Administration, shall develop a treatment improvement protocol specific
to problem gambling.
SEC. 7. SENSE OF CONGRESS.
It is the sense of the Congress that every State should contribute
a percentage of its revenue from gambling towards prevention and
treatment of problem gambling and towards research services and
education about problem gambling. | Comprehensive Problem Gambling Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to establish and implement programs for the identification, prevention, and treatment of problem and pathological gambling.
Requires the Secretary to carry out a national campaign to increase knowledge and raise awareness of problem gambling.
Requires the Secretary to: (1) administer and coordinate the voluntary donation of resources to assist in implementing new programs and augmenting existing national campaigns to provide national strategies for dissemination of information intended to address problem gambling; (2) encourage media outlets to provide information aimed at preventing problem gambling; and (3) target radio and television audiences of, but not limited to, sporting events and gambling.
Requires the President to: (1) establish and implement a national program of research on problem gambling; (2) appoint an advisory commission to coordinate federal research; and (3) consider the National Gambling Impact Study Commission's recommendations.
Authorizes the Secretary to make grants to states, local, and tribal governments, and nonprofit agencies to provide comprehensive services with respect to treatment and prevention of, and education about, problem gambling.
Directs the President, acting through the Administrator, to develop a Treatment Improvement Protocol for problem gambling
Expresses the sense of Congress that every state should contribute a percentage of its revenue from gambling towards prevention and treatment of, and services and education about, problem gambling. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to specifically include problem and pathological gambling in programs of the Substance Abuse and Mental Health Services Administration and to establish a national program to address the harmful consequences of problem gambling."} | 1,199 | 311 | 0.649463 | 1.850862 | 0.973086 | 5.112245 | 3.938776 | 0.962585 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Workplace and Community
Transition Training for Incarcerated Youth Offenders Act of 2005''.
SEC. 2. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY
TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS.
Section 821 of the Higher Education Amendments of 1998 (20 U.S.C.
1151) is amended to read as follows:
``SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY
TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS.
``(a) Findings.--Congress makes the following findings:
``(1) Almost 60 percent of the prison population in 2002
was less than 35 years old.
``(2) Less than 32 percent of State prison inmates have a
high school diploma or a higher level of education, compared to
82 percent of the general population.
``(3) Approximately 38 percent of inmates who completed 11
years or less of school were not working before entry into
prison.
``(4) The percentage of State prisoners participating in
educational programs has decreased by more than 8 percent over
the period 1991-1997, despite growing evidence of how
educational programming while incarcerated reduces recidivism.
``(5) Among inmates released from prison in 1999, the
average time served in prison for the current offense was 29
months, compared with 22 months served by those released from
prison in 1990. Time spent in prison provides a unique
opportunity for education and training.
``(6) At least 95 percent of all State prisoners will be
released from prison at some point.
``(7) In 2001, 592,000 offenders were released from State
prison, a 46 percent increase over the 405,400 offenders that
were released in 1990.
``(8) The average age of prisoners released to parole
increased from 31 years in 1990 to 34 years in 1999.
``(9) Approximately 62 percent of State prisoners will be
rearrested within 3 years, with 41 percent returning to prison
or jail.
``(10) The recidivism rate for those inmates that
participate in education programs while incarcerated is
approximately 10 percent lower than non-participants.
``(11) Even with quality education and training provided
during incarceration, a period of intense supervision, support,
and counseling is needed upon release to ensure effective
reintegration of youth offenders into society.
``(b) Definition.--For purposes of this section, the term `youth
offender' means a male or female offender under the age of 35, who is
incarcerated in a State prison, including a prerelease facility.
``(c) Grant Program.--The Secretary of Education (in this section
referred to as the `Secretary')--
``(1) shall establish a program in accordance with this
section to provide grants to the State correctional education
agencies in the States, from allocations for the States under
subsection (i), to assist and encourage youth offenders to
acquire functional literacy, life, and job skills, through--
``(A) the pursuit of a postsecondary education
certificate, or an associate or bachelor's degree while
in prison; and
``(B) employment counseling and other related
services which start during incarceration and end not
later than 1 year after release from confinement; and
``(2) may establish such performance objectives and
reporting requirements for State correctional education
agencies receiving grants under this section as the Secretary
determines are necessary to assess the effectiveness of the
program under this section.
``(d) Application.--To be eligible for a grant under this section,
a State correctional education agency shall submit to the Secretary a
proposal for a youth offender program that--
``(1) identifies the scope of the problem, including the
number of youth offenders in need of postsecondary education
and vocational training;
``(2) lists the accredited public or private educational
institution or institutions that will provide postsecondary
educational services;
``(3) lists the cooperating agencies, public and private,
or businesses that will provide related services, such as
counseling in the areas of career development, substance abuse,
health, and parenting skills;
``(4) describes specific performance objectives and
evaluation methods (in addition to, and consistent with, any
objectives established by the Secretary under subsection
(c)(2)) that the State correctional education agency will use
in carrying out its proposal, including--
``(A) specific and quantified student outcome
measures that are referenced to outcomes for non-
program participants with similar demographic
characteristics; and
``(B) measures, consistent with the data elements
and definitions described in subsection (e)(1)(A), of--
``(i) program completion, including an
explicit definition of what constitutes a
program completion within the proposal;
``(ii) knowledge and skill attainment,
including specification of instruments that
will measure knowledge and skill attainment;
``(iii) attainment of employment both prior
to and subsequent to release;
``(iv) success in employment indicated by
job retention and advancement; and
``(v) recidivism, including such
subindicators as time before subsequent offense
and severity of offense;
``(5) describes how the proposed programs are to be
integrated with existing State correctional education programs
(such as adult education, graduate education degree programs,
and vocational training) and State industry programs;
``(6) describes how the proposed programs will have
considered or will utilize technology to deliver the services
under this section; and
``(7) describes how students will be selected so that only
youth offenders eligible under subsection (f) will be enrolled
in postsecondary programs.
``(e) Program Requirements.--Each State correctional education
agency receiving a grant under this section shall--
``(1) annually report to the Secretary regarding--
``(A) the results of the evaluations conducted
using data elements and definitions provided by the
Secretary for the use of State correctional education
programs;
``(B) any objectives or requirements established by
the Secretary pursuant to subsection (c)(2); and
``(C) the additional performance objectives and
evaluation methods contained in the proposal described
in subsection (d)(4) as necessary to document the
attainment of project performance objectives; and
``(2) expend on each participating eligible student for an
academic year, not more than the maximum Federal Pell Grant
funded under section 401 of the Higher Education Act of 1965
for such academic year, which shall be used for--
``(A) tuition, books, and essential materials; and
``(B) related services such as career development,
substance abuse counseling, parenting skills training,
and health education.
``(f) Student Eligibility.--A youth offender shall be eligible for
participation in a program receiving a grant under this section if the
youth offender--
``(1) is eligible to be released within 5 years (including
a youth offender who is eligible for parole within such time);
and
``(2) is 35 years of age or younger.
``(g) Length of Participation.--A State correctional education
agency receiving a grant under this section shall provide educational
and related services to each participating youth offender for a period
not to exceed 5 years, 1 year of which may be devoted to study in a
graduate education degree program or to remedial education services for
students who have obtained a secondary school diploma or its recognized
equivalent. Educational and related services shall start during the
period of incarceration in prison or prerelease, and the related
services may continue for not more than 1 year after release from
confinement.
``(h) Education Delivery Systems.--State correctional education
agencies and cooperating institutions shall, to the extent practicable,
use high-tech applications in developing programs to meet the
requirements and goals of this section.
``(i) Allocation of Funds.--From the funds appropriated pursuant to
subsection (j) for each fiscal year, the Secretary shall allot to each
State an amount that bears the same relationship to such funds as the
total number of students eligible under subsection (f) in such State
bears to the total number of such students in all States.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $30,000,000 for fiscal year 2006
and such sums as may be necessary for each of the 4 succeeding fiscal
years.''. | Improved Workplace and Community Transition Training for Incarcerated Youth Offenders Act of 2005 - Amends the Higher Education Amendments of 1998 to authorize the Secretary of Education to establish performance objectives and reporting requirements necessary to assess program effectiveness for state correctional education agencies receiving grants for transition training for incarcerated youth offenders.
Requires grant applications to describe specific performance objectives and evaluation methods that the state agency will use, including: (1) specific and quantified student outcome measures that are referenced to outcomes for non-program participants with similar demographic characteristics; and (2) measures of program completion, knowledge and skill attainment, attainment of and success in employment, and recidivism. Requires descriptions of how the proposed programs will consider or utilize technology.
Directs each state agency receiving a grant to: (1) report annually to the Secretary on the results of the evaluations and additional performance objectives and on evaluation methods as necessary to document the attainment of performance objectives; and (2) expend on each participating eligible student for an academic year not more than the maximum federal Pell grant for such year, which shall be used for tuition, books, essential materials, and related services such as career development, substance abuse counseling, parenting skills training, and health education.
Makes youth offenders age 35 (currently, 25) or younger eligible for participation. Allows related services to continue for up to one year after release from confinement. | {"src": "billsum_train", "title": "A bill to provide grants to States for improved workplace and community transition training for incarcerated youth offenders."} | 1,864 | 298 | 0.55081 | 1.616202 | 0.735065 | 4.048507 | 6.514925 | 0.951493 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AI in Government Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administration'' means the General Services
Administration;
(2) the term ``Administrator'' means the Administrator of
General Services;
(3) the term ``Board'' means the advisory board established
under section 4(a);
(4) the term ``Executive agency'' has the meaning given the
term in section 105 of title 5, United States Code;
(5) the term ``institution of higher education'' has the
meaning given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002);
(6) the term ``nonprofit organization'' means an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of that Code; and
(7) the term ``Policy Lab'' means the Emerging Technology
Policy Lab described in section 3.
SEC. 3. EMERGING TECHNOLOGY POLICY LAB.
(a) In General.--There is within the Administration an office to be
known as the ``Emerging Technology Policy Lab'', which shall--
(1) advise and promote the efforts of the Federal
Government in ensuring that the use of emerging technologies by
the Federal Government, including artificial intelligence, is
in the best interest of the public; and
(2) improve cohesion and competency in Federal agency rule
making and the use of emerging technologies.
(b) Duties.--The duties of the Policy Lab shall include--
(1) regularly convening individuals from Executive
agencies, industry, Federal laboratories, nonprofit
organizations, institutions of higher education, and other
entities to discuss recent developments in emerging
technologies, including the dissemination of information
regarding programs, pilots, and other initiatives at Federal
agencies, as well as recent trends and relevant information on
those technologies;
(2) advising Federal Government acquisition and use of
emerging technologies through technical insight and expertise,
as needed;
(3) identifying and disseminating information regarding
educational and workforce development opportunities for
Executive agency employees relative to emerging technology
topics, and leading those opportunities, as needed;
(4) studying economic, policy, legal, and ethical
challenges and implications related to the use of artificial
intelligence and other emerging technologies by the Federal
Government, including how the privacy, civil liberties, and
civil rights of individuals are or will be affected by the use
of emerging technologies by the Federal Government;
(5) working with industry to improve the leadership of
industry in emerging technology and the ability to compete
successfully in international markets; and
(6) encouraging and assisting joint initiatives by State or
local governments, regional organizations, private businesses,
institutions of higher education, nonprofit organizations, and
Federal laboratories.
(c) Staff.--
(1) In general.--The Administrator shall provide necessary
staff, resources, and administrative support for the Policy
Lab.
(2) Temporary or term appointments.--The Administrator may
hire temporary or term employees in accordance with part 316 of
title 5, Code of Federal Regulations, or any successor
regulation, to serve as Policy Lab employees.
(3) Fellows.--The Administrator may, to the maximum extent
practicable, appoint fellows to participate in the Policy Lab
from nonprofit organizations, think tanks, institutions of
higher education, and industry.
(4) Details.--When appropriate, and to the maximum extent
practicable, the Administrator may detail Policy Lab employees
to Executive agencies on a reimbursable or non-reimbursable
basis in accordance with section 3341 of title 5, United States
Code.
(d) Responsibilities of OMB and OSTP.--The Office of Management and
Budget and the Office of Science and Technology Policy shall coordinate
with the Administrator and the Board to identify policy opportunities
and challenges that emerging technologies, especially artificial
intelligence, present in the respective domains of Executive agencies.
(e) Report to Congress.--The Administrator shall submit to Congress
an annual report on the Policy Lab, which shall include, for the
preceding year--
(1) a summary of the activity of the Policy Lab, including
a description of specific projects worked on in partnership
with Federal agencies;
(2) recommendations on ways in which Executive agencies can
better support the development and deployment of emerging
technologies, including initiatives designed to promote
knowledge of those technologies among the Federal workforce;
and
(3) an identification of joint initiatives encouraged or
assisted under subsection (b)(6).
(f) Transfer of Functions.--All functions of the Emerging Citizen
Technology Office of the Administration, including the personnel,
assets, and obligations of the Emerging Citizen Technology Office, as
in existence before the date of enactment of this Act, shall be
transferred to the Policy Lab.
(g) Deeming of Name.--Any reference in law, regulation, document,
paper, or other record of the United States to the Emerging Citizen
Technology Office of the Administration shall be deemed a reference to
the Policy Lab.
SEC. 4. ADVISORY BOARD.
(a) In General.--The Administrator shall establish an advisory
board to advise the Administrator on issues that are relevant to the
mission and duties of the Policy Lab and to inform the priorities and
projects worked on by the Policy Lab.
(b) Composition.--
(1) Chairs.--The Board shall be co-chaired by the
Administrator and the Secretary of Commerce.
(2) Other members.--The Board shall be composed of the
following members:
(A) 1 designee from each of the following:
(i) The Office of Science and Technology
Policy.
(ii) The Office of Management and Budget.
(iii) The Department of Commerce.
(iv) The Administration.
(B) 4 designees from Federal agencies not listed in
subparagraph (A), who shall be designated by the
Director of the Office of Management and Budget once
every 12 months.
(C) 8 members designated by the co-chairs of the
Board once every 6 months, of whom--
(i) 4 shall be representatives of relevant
industries;
(ii) 2 shall be representatives of
institutions of higher education; and
(iii) 2 shall be representatives of public
interest groups representing privacy and civil
liberties issues.
(3) Qualifications.--Each member of the Board designated
under subparagraph (B) or (C) of paragraph (2) shall have
demonstrated experience and expertise in the field of emerging
technologies or technology policy.
(c) Meetings.--The Board shall meet not less frequently than once
every 12 months.
(d) Annual List.--Each year, the Board shall publish on a publicly
available website a list of areas of improvement within the Federal
Government that would benefit from additional technical or technical
policy expertise.
(e) Compensation.--Members of the Board shall serve on the Board
without compensation, except that members of the Board may be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Board.
(f) Duration.--Section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Board.
SEC. 5. REPORT.
Not later than 6 months after the date of enactment of this Act,
the Director of the Office of Management and Budget, in coordination
with the Administrator, shall submit to the Committee on Homeland
Security and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Oversight and Government Reform and the Committee on Energy and
Commerce of the House of Representatives a report describing--
(1) the strategy for investment by the Federal Government
in, development of, and use of artificial intelligence; and
(2) how the strategy described in paragraph (1) relates to
the existing data strategies of Federal agencies.
SEC. 6. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL INTELLIGENCE.
Not later than 180 days after the date of enactment of this Act,
and in accordance with chapter 51 of title 5, United States Code, the
Director of the Office of Personnel Management shall--
(1) identify key skills and competencies needed for
positions related to artificial intelligence; and
(2) establish an occupational series, or update and improve
an existing occupational job series, to include positions the
primary duties of which relate to artificial intelligence.
SEC. 7. SUNSET.
Section 3 and 4 of this Act shall cease to be effective on the date
that is 5 years after the date of enactment of this Act. | AI in Government Act of 2018 This bill establishes the Emerging Technology Policy Lab within the General Services Administration (GSA) to advise and promote the efforts of the federal government in ensuring that the use of emerging technologies by the government, including artificial intelligence, is in the best interest of the public; and improve cohesion and competency in federal agency rule making and the use of emerging technologies. In addition, the Office of Personnel Management must identify key skills and competencies needed for positions related to artificial intelligence; and establish an occupational series, or revise an existing occupational job series, to include positions the primary duties of which relate to artificial intelligence. | {"src": "billsum_train", "title": "AI in Government Act of 2018"} | 1,861 | 134 | 0.555685 | 1.584488 | 0.772207 | 6.364341 | 13.891473 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Mental Health Care Capacity
Enhancement Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Mental health treatment capacity at community-based
outpatient clinics remains inadequate and inconsistent, despite
the requirement under section 1706(c) of title 38, United
States Code, that every primary care health care facility of
the Department of Veterans Affairs develop and carry out a plan
to meet the mental health care needs of veterans who require
such services.
(2) In 2001, the minority staff of the Committee on
Veterans' Affairs of the Senate conducted a survey of
community-based outpatient clinics and found that there was no
established systemwide baseline of acceptable mental health
service levels at such clinics.
(3) In 2004, the Department of Veterans Affairs workgroup
on mental health care, which developed and submitted a
Comprehensive Mental Health Strategic Plan to the Secretary of
Veterans Affairs, found service and funding gaps within the
Department of Veterans Affairs health care system, and made
numerous recommendations for improvements. As of May 2005,
Congress had not received a final report on the workgroup's
findings.
(4) In February 2005, the Government Accountability Office
reported that the Department of Veterans Affairs had not fully
met any of the 24 clinical care and education recommendations
made in 2004 by the Special Committee on Post-Traumatic Stress
Disorder of the Under Secretary for Health, Veterans Health
Administration.
SEC. 3. REQUIRED CAPACITY FOR COMMUNITY-BASED OUTPATIENT CLINICS.
(a) Strengthening of Performance Measures for Mental Health
Programs.--Section 1706(b)(6) of title 38, United States Code, is
amended by adding at the end the following:
``(D) The Under Secretary shall include, as goals in the
performance contracts entered into with Network Directors to prioritize
mental health services--
``(i) establishing appropriate staff-patient ratio levels
for various programs (including mental health services at
community-based outpatient clinics);
``(ii) fostering collaborative environments for providers;
and
``(iii) encouraging clinicians to conduct mental health
consultations during primary care visits.''.
(b) Inflationary Indexing of Capacity Requirements.--Section
1706(b) of title 38, United States Code, is amended by adding at the
end the following:
``(7) For the purposes of meeting and reporting on the capacity
requirements under paragraph (1), the Secretary shall ensure that the
funding levels allocated for specialized treatment and rehabilitative
services for disabled veterans are adjusted for inflation each fiscal
year.''.
(c) Mental Health and Substance Abuse Services.--Section 1706(c) of
title 38, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(2) The Secretary shall ensure that not less than 90 percent of
community-based outpatient clinics have the capacity to provide onsite,
contract-referral, or tele-mental health services--
``(A) for at least 10 percent of all clinic visits by not
later than September 30, 2006; and
``(B) for at least 15 percent of all clinic visits by not
later than September 30, 2007.
``(3) The Secretary shall ensure that not less than 2 years after
the date of enactment of this paragraph--
``(A) each primary care health care facility of the
Department has the capacity and resources to provide not less
than 5 days of inpatient, residential detoxification services
onsite or at a nearby contracted or Department facility; and
``(B) a case manager is assigned to coordinate follow up
outpatient services at each community-based outpatient
clinic.''.
(d) Reporting Requirement.--Not later than January 31, 2008, the
Secretary of Veterans Affairs shall submit a report to Congress that--
(1) describes the status and availability of mental health
services at community-based outpatient clinics;
(2) describes the substance of services available at such
clinics;
(3) includes the ratios between mental health staff and
patients at such clinics; and
(4) includes the certification of the Inspector General of
the Department of Veterans Affairs.
SEC. 4. COOPERATION ON MENTAL HEALTH AWARENESS AND PREVENTION.
(a) Agreement.--The Secretary of Defense and the Secretary of
Veterans Affairs shall enter into a Memorandum of Understanding--
(1) to ensure that separating servicemembers receive
standardized individual mental health and sexual trauma
assessments as part of separation exams; and
(2) includes the development of shared guidelines on how to
conduct the assessments.
(b) Establishment of Joint VA-DoD Workgroup on Mental Health.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall establish a joint workgroup
on mental health, which shall be comprised of not less than 7
leaders in the field of mental health appointed from their
respective departments.
(2) Study.--Not later than 1 year after the establishment
of the workgroup under paragraph (1), the workgroup shall
analyze the feasibility, content, and scope of initiatives
related to--
(A) combating stigmas and prejudices associated
with servicemembers who suffer from mental health
disorders or readjustment issues, through the use of
peer counseling programs or other educational
initiatives;
(B) ways in which the Department of Veterans
Affairs can make their expertise in treating mental
health disorders more readily available to Department
of Defense mental health care providers;
(C) family and spousal education to assist family
members of veterans and servicemembers to recognize and
deal with signs of potential readjustment issues or
other mental health disorders; and
(D) seamless transition of servicemembers who have
been diagnosed with mental health disorders from active
duty to veteran status (in consultation with the
Seamless Transition Task Force and other entities
assisting in this effort).
(3) Report.--Not later than June 30, 2007, the Secretary of
Defense and the Secretary of Veterans Affairs shall submit a
report to Congress containing the findings and recommendations
of the workgroup established under this subsection.
SEC. 5. PRIMARY CARE CONSULTATIONS FOR MENTAL HEALTH.
(a) Guidelines.--The Under Secretary for Health, Veterans Health
Administration, shall establish systemwide guidelines for screening
primary care patients for mental health disorders and illnesses.
(b) Training.--Based upon the guidelines established under
subsection (a), the Under Secretary for Health, Veterans Health
Administration, shall conduct appropriate training for clinicians of
the Department of Veterans Affairs to carry out mental health
consultations. | Veterans Mental Health Care Capacity Enhancement Act of 2005 - Requires the Under Secretary for Health for the Veterans Health Administration of the Department of Veterans Affairs to include as goals in performance contracts for prioritizing mental health services to veterans: (1) establishing appropriate staff-patient ratio levels; (2) fostering collaborative environments for providers; and (3) encouraging clinicians to conduct mental health consultations during primary care visits.
Directs the Secretary of Veterans Affairs to ensure that not less than 90 percent of Department community-based outpatient clinics have the capacity to provide on-site, contract-referral, or tele-mental health services for at least: (1) ten percent of all clinic visits by no later than September 30, 2006; and (2) 15 percent of all clinic visits by no later than September 30, 2007.
Directs the Secretaries of Defense and Veterans Affairs to enter into a memorandum of understanding to ensure interdepartmental cooperation on mental health awareness and mental illness prevention.
Requires the Under Secretary to establish system-wide guidelines for screening primary care patients for mental health disorders and illnesses. | {"src": "billsum_train", "title": "A bill to improve mental health services at all facilities of the Department of Veterans Affairs."} | 1,449 | 229 | 0.62024 | 1.786357 | 0.913871 | 4.783019 | 6.485849 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sage-Grouse Protection and
Conservation Act''.
SEC. 2. GREATER SAGE-GROUSE PROTECTION AND CONSERVATION MEASURES.
(a) Purposes.--The purposes of this section are--
(1) to allow States--
(A) to determine the appropriate management of
sage-grouse species according to State-created
conservation and management plans that address the key
threats to sage-grouse species and the habitat of sage-
grouse species within the States; and
(B) to demonstrate that those Statewide plans can
protect and recover sage-grouse species within the
States; and
(2) to require the Secretary to implement recommendations
contained in Statewide plans for the management of sage-grouse
species and the habitat of sage-grouse species on Federal land.
(b) Definitions.--In this section:
(1) Covered western state.--The term ``covered Western
State'' means each of the States of California, Colorado,
Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota,
Utah, Washington, and Wyoming.
(2) National forest system land.--The term ``National
Forest System land'' means the Federal land within the National
Forest System, as described in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)).
(3) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4) Sage-grouse species.--The term ``sage-grouse species''
means--
(A) the greater sage-grouse (Centrocercus
urophasianus) (including all distinct population
segments); and
(B) the Gunnison sage-grouse (Centrocercus
minimus).
(5) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
public land.
(6) Statewide plan.--The term ``Statewide plan'' means a
conservation and management plan or plans developed and
submitted to the Secretary by a covered Western State for the
protection and recovery of any sage-grouse species and the
habitat of the sage-grouse species within the covered Western
State in response to invitations from the Secretary of the
Interior in December 2011 to submit to the Secretary those
plans.
(c) Participation in State Planning Process.--
(1) List of designees.--
(A) In general.--Not later than 30 days after that
date of receipt from a covered Western State of a
notice described in subparagraph (B), the Secretary
shall provide to the Governor of the covered Western
State a list of designees of the Department of the
Interior or the Department of Agriculture, as
applicable, who will represent the Secretary in
assisting in the development and implementation of the
Statewide plan.
(B) Description of notice.--
(i) In general.--A notice referred to in
subparagraph (A) is a notice that a covered
Western State--
(I) is initiating, or has
previously initiated, development of a
Statewide plan in accordance with
clause (ii); or
(II) has previously submitted to
the Secretary a Statewide plan in
accordance with clause (ii).
(ii) Contents.--A notice under this
subparagraph shall include--
(I) an invitation to the Secretary
to participate in the development or
implementation of the Statewide plan of
the applicable covered Western State;
and
(II) a statement that the covered
Western State--
(aa) has prepared or will
prepare, by not later than 1
year after the date of
submission of the notice, a
Statewide plan that will
protect and manage sage-grouse
species and the habitat of
sage-grouse species to the
point that designation of sage-
grouse species as a threatened
or endangered species under the
Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) is no
longer necessary in the covered
Western State; and
(bb) will--
(AA) collect
monitoring data such as
sage-grouse species
population trends, fuel
reduction, predator
control, invasive
species control, the
condition of sage-
grouse species habitat,
or other parameters
that address the
primary threats to
sage-grouse species in
the covered Western
State to address how
the threats identified
in the Statewide plan
are being reduced and
how the objectives
identified in the
Statewide plan are
being met; and
(BB) provide to the
Secretary relevant data
regarding the health of
sage-grouse species
populations, the
condition of sage-
grouse species habitat,
and activities relating
to the implementation
of the Statewide plan
on an annual basis
under this section.
(iii) Timing.--To be eligible to
participate in a planning process under this
section, not later than 120 days after the date
of enactment of this Act, a covered Western
State shall submit to the Secretary a notice
described in subparagraph (B).
(2) Access to information.--Not later than 60 days after
the date of receipt from a covered Western State of a notice
described in paragraph (1)(B), the Secretary shall provide to
the covered Western State all relevant scientific data,
research, and information regarding sage-grouse species and
habitat within the covered Western State for use by appropriate
State personnel to assist the covered Western State in the
development and implementation of the Statewide plan.
(d) Recognition of Statewide Plan.--Notwithstanding any other
provision of law or equity, if the Secretary receives from a covered
Western State a Statewide plan by the date that is 1 year after the
date of receipt of a notice under subsection (c)(1) from the covered
Western State, the Secretary shall--
(1) when taking any action that could impact the sage-
grouse species or the habitat of the species, manage all public
land and National Forest System land within the covered Western
State in accordance with the Statewide plan for a period of not
less than 6 years, beginning on the date of submission to the
Secretary of the Statewide plan in accordance with this
section;
(2) annually--
(A) review the Statewide plan using the best
available science and data, using the objectives and
goals contained in the Statewide plan as a measure of
success; and
(B) provide to the Governor of the covered Western
State recommendations regarding improvement of the
Statewide plan;
(3) use the Statewide plan as the basis for all relevant
determinations under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(4) permit and assist the covered Western State to
implement adaptive management, if required by the Statewide
plan, to respond to sage-grouse species conditions as indicated
by monitoring data, meteorological conditions, or fire or other
events necessitating adaptation of the Statewide plan;
(5) require the covered Western State to submit to the
Secretary annual reports regarding the implementation of the
Statewide plan, including relevant data regarding--
(A) actions carried out pursuant to the Statewide
plan; and
(B) population trends, fuel reductions, predator
control, invasive species control, the condition of
sage-grouse habitat, and other parameters that address
the primary threats to sage-grouse species in the
covered Western State;
(6) require the covered Western State--
(A) to monitor appropriate sage-grouse species and
habitat data for a period of not less than 5 years,
beginning on the date of submission of the Statewide
plan; and
(B) to submit to the Secretary, not later than 6
years after the date of submission of the Statewide
plan and in accordance with applicable scientific
protocols, a report that includes--
(i) a description of the status of
implementation of the Statewide plan and
progress made in achieving the objectives and
goals of the Statewide plan, including relevant
data regarding sage-grouse species population
trends, fuel reductions, predator control,
invasive species control, the condition of
sage-grouse species habitat, and other
parameters that address the primary threats to
sage-grouse in the covered Western State;
(ii) an estimate of additional time needed,
if any, for implementation of the Statewide
plan; and
(iii) necessary modifications to the
Statewide plan to enhance the achievement of
the objectives and goals of the Statewide plan;
and
(7) assist the covered Western State in monitoring and
collecting relevant data on Federal land to assess sage-grouse
species population trends, fuel reductions, predator control,
invasive species control, the condition of sage-grouse species
habitat, and other parameters that address the primary threats
to sage-grouse in the covered Western State.
(e) Secretarial Actions.--Notwithstanding any other provision of
law, not later than 30 days after the date of receipt of a Statewide
plan under this section, and annually thereafter during the period in
which the Secretary determines that the applicable covered Western
State is implementing the Statewide plan, the Secretary shall--
(1) take necessary steps to maintain or restore the
candidate species status for any sage-grouse species in the
covered Western State under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), for a period of not less than 6
years--
(A) to allow for appropriate monitoring and
collection of data; and
(B) to assess the achievement of the objectives of
the Statewide plan;
(2) stay any land use planning activities relating to
Federal management of sage-grouse species on public land or
National Forest System land within the covered Western State;
(3) take immediate action to amend all Federal land use
plans under the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.) and the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) to
comply with the Statewide plan with respect to that covered
Western State;
(4) manage all public land and National Forest System land
with habitat for any sage-grouse species in the covered Western
State in a manner consistent with sections 102(a)(12) and
103(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701(a)(12), 1702(c)) and section 4 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1602);
(5) immediately reverse any withdrawals or land use
restrictions carried out for purposes of protecting or
conserving sage-grouse on public land or National Forest System
land that are not consistent with a Statewide plan; and
(6) use State annual reports regarding the implementation
of the Statewide plans submitted to the Secretary under
subsection (d)(5) to prepare the annual Candidate Notice of
Review of the Secretary pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533).
(f) Existing State Plans.--The Secretary shall--
(1) give effect to a Statewide conservation and management
plan for the protection and recovery of sage-grouse species
within a covered Western State that is submitted by the covered
Western State and approved or endorsed by the United States
Fish and Wildlife Service before the date of enactment of this
Act; and
(2) for purposes of subsections (d) and (e), treat such a
plan as a Statewide plan in accordance with that subsection.
(g) Actions Pursuant to NEPA.--An action proposed to be carried out
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) in a covered Western State may not be denied or
restricted solely on the basis of the presence or protection of sage-
grouse species in the covered Western State, if the action is
consistent with the Statewide plan of the covered Western State.
(h) Authority To Extend Plan Implementation.--On review of the
report of a covered Western State under subsection (d)(6)(B), the
Secretary may extend the provisions of this Act for a period not to
exceed an additional 6 years with the consent of the covered Western
State.
SEC. 3. RANGELAND FIRE PREVENTION, MANAGEMENT, AND RESTORATION.
The Secretary of the Interior shall for a period of not less than 6
years, beginning on the date of enactment of this Act, fully implement
the order of the Secretary numbered 3336 and dated January 5, 2015, to
prevent and suppress rangeland fire and restore sagebrush landscapes
impacted by fire across the Western United States, including
controlling the spread of invasive species in landscapes impacted by
fire. | Sage-Grouse Protection and Conservation Act This bill addresses the management of the greater sage-grouse (Centrocercus urophasianus) and the Gunnison sage-grouse (Centrocercus minimus) in California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. If the Department of Agriculture (USDA) or the Department of the Interior receives, or has already received, from one of those states a statewide conservation and management plan for the protection and recovery of those sage-grouse species, the appropriate department must take steps during the next six years to: (1) allow for appropriate monitoring and collection of data, and (2) assess the state plan's success. The appropriate department must: (1) share data with states and assist them in developing and implementing plans; (2) require states that opt to have plans in lieu of federal endangered species plans to monitor and report on relevant data, including population trends; (3) use statewide plans as the basis for all relevant determinations under the National Environmental Policy Act of 1969; and (4) stay any land use planning activities relating to federal management of sage-grouse species on public land or National Forest System land within those states that have plans. The appropriate department may extend the provisions of the bill for six more years with the consent of the relevant state. Interior must fully implement for at least six years Secretarial Order 3336 to prevent and suppress rangeland fire and restore sagebrush landscapes impacted by fire across the Western United States. | {"src": "billsum_train", "title": "Sage-Grouse Protection and Conservation Act"} | 2,887 | 341 | 0.705955 | 2.134099 | 0.743791 | 4.296296 | 8.774411 | 0.915825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spectrum Relocation Fund Act of
2015''.
SEC. 2. ADDITIONAL USES OF SPECTRUM RELOCATION FUND.
(a) In General.--Section 118 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 928) is
amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following:
``(g) Additional Payments for Research and Development and Planning
Activities.--
``(1) Amounts available.--Notwithstanding subsections (c)
through (e)--
``(A) there are appropriated from the Fund on the
date of the enactment of the Spectrum Relocation Fund
Act of 2015, and available to the Director of OMB for
use in accordance with paragraph (2), not more than
$500,000,000 from amounts in the Fund on such date of
enactment; and
``(B) there are appropriated from the Fund after
such date of enactment, and available to the Director
of OMB for use in accordance with such paragraph, not
more than 10 percent of the amounts deposited in the
Fund after such date of enactment.
``(2) Use of amounts.--
``(A) In general.--The Director of OMB may use
amounts made available under paragraph (1) to make
payments requested by Federal entities for research and
development, engineering studies, economic analyses, or
other planning activities intended to improve the
efficiency and effectiveness of the spectrum use of
Federal entities in order to make available frequencies
described in subparagraph (C) for reallocation for non-
Federal use or shared Federal and non-Federal use, or a
combination thereof, and for auction in accordance with
such reallocation.
``(B) Systems that improve efficiency and
effectiveness of federal spectrum use.--For purposes of
a payment under subparagraph (A) for activities with
respect to systems that improve the efficiency and
effectiveness of the spectrum use of Federal entities,
such systems include the following:
``(i) Systems that have increased
functionality or that increase the ability of a
Federal entity to accommodate spectrum sharing
with non-Federal entities.
``(ii) Systems that consolidate functions
or services that have been provided using
separate systems.
``(iii) Non-spectrum technology or systems.
``(C) Frequencies described.--The frequencies
described in this subparagraph are, with respect to a
payment under subparagraph (A), frequencies that--
``(i) are assigned to a Federal entity; and
``(ii) at the time of the activities
conducted with such payment, are not identified
for auction.
``(D) Conditions.--The Director of OMB may not make
a payment to a Federal entity under subparagraph (A)--
``(i) unless--
``(I) the Federal entity has
submitted to the Technical Panel
established under section 113(h)(3) a
plan describing the activities that the
Federal entity will conduct with such
payment;
``(II) the Technical Panel has
approved such plan under subparagraph
(E); and
``(III) the Director of OMB has
submitted the plan approved under
subparagraph (E) to the congressional
committees described in subsection
(d)(2)(C); and
``(ii) until 60 days have elapsed after
submission of the plan under clause (i)(III).
``(E) Review by technical panel.--
``(i) In general.--Not later than 120 days
after a Federal entity submits a plan under
subparagraph (D)(i)(I) to the Technical Panel
established under section 113(h)(3), the
Technical Panel shall approve or disapprove
such plan.
``(ii) Criteria for review.--In considering
whether to approve or disapprove a plan under
this subparagraph, the Technical Panel shall
consider whether--
``(I) the activities that the
Federal entity will conduct with the
payment will--
``(aa) increase the
probability of relocation from
or sharing of Federal spectrum;
``(bb) facilitate an
auction intended to occur not
later than 8 years after the
payment; and
``(cc) increase the net
expected auction proceeds in an
amount not less than the time
value of the amount of the
payment; and
``(II) the transfer will leave
sufficient amounts in the Fund for the
other purposes of the Fund.
``(3) Definition of federal entity.--For purposes of this
subsection, the term `Federal entity' has the meaning given the
term in section 113(l).
``(h) Prioritization of Payments.--In determining whether to make
payments under subsections (f) and (g), the Director of OMB shall, to
the extent practicable, prioritize payments under subsection (g).''.
(b) Administrative Support for Technical Panel.--Section
113(h)(3)(C) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(h)(3)(C)) is amended by
striking ``this subsection and subsection (i)'' and inserting ``this
subsection, subsection (i), and section 118(g)(2)(E)''.
(c) Eligible Federal Entities.--
(1) Relocation of and spectrum sharing by federal
government stations.--Section 113 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923) is amended--
(A) in subsection (g)--
(i) in paragraph (1)--
(I) by striking ``authorized to use
a band of eligible frequencies
described in paragraph (2) and'';
(II) by inserting ``eligible''
after ``auction of''; and
(III) by inserting ``eligible''
after ``reallocation of''; and
(ii) in paragraph (3)(A)--
(I) in the matter preceding clause
(i), by striking ``previously assigned
to such entity or the sharing of
spectrum frequencies assigned to such
entity'' and inserting ``or the sharing
of spectrum frequencies'';
(II) in clause (iv), by striking
``and'' at the end;
(III) in clause (v), by striking
the period and inserting ``; and''; and
(IV) by adding at the end the
following:
``(vi) the costs incurred by an incumbent
Federal entity to accommodate sharing the
spectrum frequencies assigned to such entity
with a Federal entity the operations of which
are being relocated from eligible frequencies
described in paragraph (2).''; and
(B) in subsection (h)(1), by striking ``authorized
to use any such frequency''.
(2) Spectrum relocation fund.--Section 118 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 928) is amended--
(A) in subsection (c), by striking ``with respect
to'' and all that follows and inserting the following:
``with respect to--
``(1) relocation from or sharing of such eligible
frequencies; or
``(2) in the case of an incumbent Federal entity described
in section 113(g)(3)(A)(vi), accommodating sharing the spectrum
frequencies assigned to such entity with a Federal entity the
operations of which are being relocated from such eligible
frequencies.''; and
(B) in subsection (d)(3)(B)(ii), by inserting
``except in the case of an incumbent Federal entity
described in section 113(g)(3)(A)(vi),'' before ``the
transition plan''. | Spectrum Relocation Fund Act of 2015 This bill amends the National Telecommunications and Information Administration Organization Act to make amounts available from the Spectrum Relocation Fund (SRF) for the Office of Management and Budget (OMB) to pay federal entities for research and development activities to improve the efficiency and effectiveness of their use of electromagnetic spectrum under government station licenses in order to make frequencies available for: (1) reallocation for nonfederal use, shared federal and nonfederal use, or a combination of such uses; and (2) auctions in accordance with such reallocation. As a condition to the OMB paying a federal entity for such activities, the federal entity must have a plan: (1) approved by a technical panel within the National Telecommunications and Information Administration, and (2) submitted by the OMB to the appropriate congressional committees for a period of 60 days. The bill also provides for incumbent federal entities to receive payment from the SRF for relocation and sharing costs incurred to accommodate sharing spectrum frequencies assigned to such entity with another federal entity the operations of which are being relocated from other frequencies. | {"src": "billsum_train", "title": "Spectrum Relocation Fund Act of 2015"} | 1,726 | 249 | 0.637265 | 1.84182 | 0.922491 | 2.35468 | 7.615764 | 0.866995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trafficking Survivors Relief Act of
2017''.
SEC. 2. FEDERAL EXPUNGEMENT FOR VICTIMS OF TRAFFICKING.
(a) In General.--Chapter 237 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3772. Motion to vacate; expungement; mitigating factors
``(a) Definitions.--In this section--
``(1) the term `child' means an individual who has not
attained 18 years of age;
``(2) the term `covered offense'--
``(A) includes any offense against the United
States and any offense punishable under the laws of the
District of Columbia; and
``(B) does not include--
``(i) a crime of violence; or
``(ii) an offense, if a child was a victim
of the offense;
``(3) the term `covered prisoner' means an individual who--
``(A) was convicted of a noncovered offense before
the date of enactment of this section;
``(B) was sentenced to a term of imprisonment for
the noncovered offense; and
``(C) is imprisoned under such term of
imprisonment;
``(4) the term `crime of violence' has the meaning given
that term in section 16;
``(5) the term `eligible entity' includes--
``(A) a legal aid society or legal services
organization that provides indigent legal services;
``(B) a nonprofit organization that provides legal
services to victims of trafficking; and
``(C) a public defender's office;
``(6) the terms `employee' and `officer' have the meanings
given the terms in section 2105 of title 5;
``(7) the term `noncovered offense'--
``(A) means an offense that is an offense against
the United States or punishable under the laws of the
District of Columbia; and
``(B) does not include an offense, if a child was a
victim of the offense; and
``(8) the term `victim of trafficking' has the meaning
given that term in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
``(b) Motions To Vacate Convictions or Expunge Arrests.--
``(1) In general.--
``(A) Convictions of covered offenses.--A person
convicted of any covered offense (or an eligible entity
representing such a person) may move the court which
imposed the sentence for the covered offense to vacate
the judgment of conviction if the covered offense was
committed as a direct result of the person having been
a victim of trafficking.
``(B) Arrests for covered offenses.--A person
arrested for any covered offense (or an eligible entity
representing such a person) may move the district court
for the district and division embracing the place where
the person was arrested to expunge all records of the
arrest if the conduct or alleged conduct of the person
which resulted in the arrest was directly related to
the person having been a victim of trafficking.
``(C) Arrests for noncovered offenses.--A person
arrested for any noncovered offense (or an eligible
entity representing such a person) may move the
district court for the district and division embracing
the place where the person was arrested to expunge all
records of the arrest if--
``(i) the conduct or alleged conduct of the
person which resulted in the arrest was
directly related to the person having been a
victim of trafficking; and
``(ii)(I) the person is acquitted of the
noncovered offense;
``(II) the Government does not pursue or
dismisses criminal charges against the person
for the noncovered offense; or
``(III)(aa) the charges against the person
for the noncovered offense are reduced to an
offense that is a covered offense; and
``(bb) the person is acquitted of the
covered offense, the Government does not pursue
or dismisses criminal charges against the
person for the covered offense, or any
subsequent conviction of the covered offense is
vacated.
``(2) Contents of motion.--A motion described in paragraph
(1) shall--
``(A) be in writing;
``(B) describe any supporting evidence;
``(C) state the offense; and
``(D) include copies of any documents showing that
the movant is entitled to relief under this section.
``(3) Hearing.--
``(A) Mandatory hearing.--
``(i) Motion in opposition.--Not later than
30 days after the date on which a motion is
filed under paragraph (1), the Government may
file a motion in opposition of the motion filed
under paragraph (1).
``(ii) Mandatory hearing.--If the
Government files a motion described in clause
(i), not later than 15 days after the date on
which the motion is filed, the court shall hold
a hearing on the motion.
``(B) Discretionary hearing.--If the Government
does not file a motion described in subparagraph
(A)(i), the court may hold a hearing on the motion not
later than 45 days after the date on which a motion is
filed under paragraph (1).
``(4) Factors.--
``(A) Vacating convictions of covered offenses.--
The court shall grant a motion under paragraph (1)(A)
if, after notice to the Government and an opportunity
to be heard, the court finds, by a preponderance of the
evidence, that--
``(i) the movant was convicted of a covered
offense; and
``(ii) the participation in the covered
offense by the movant was a direct result of
the movant having been a victim of trafficking.
``(B) Expunging arrests for covered offenses.--The
court shall grant a motion under paragraph (1)(B) if,
after notice to the Government and an opportunity to be
heard, the court finds, by a preponderance of the
evidence, that--
``(i) the movant was arrested for a covered
offense; and
``(ii) the conduct or alleged conduct which
resulted in the arrest was directly related to
the movant having been a victim of trafficking.
``(C) Expunging arrests for noncovered offenses.--
The court shall grant a motion under paragraph (1)(C)
if, after notice to the Government and an opportunity
to be heard, the court finds, by a preponderance of the
evidence, that--
``(i) the movant was arrested for a
noncovered offense and the conduct or alleged
conduct which resulted in the arrest was
directly related to the movant having been a
victim of trafficking; and
``(ii)(I) the person is acquitted of the
noncovered offense;
``(II) the Government does not pursue or
dismisses criminal charges against the person
for the covered offense; or
``(III)(aa) the charges against the person
for the noncovered offense are reduced to a
covered offense; and
``(bb) the person is acquitted of the
covered offense, the Government does not pursue
or dismissed criminal charges against the
person for the covered offense, or any
subsequent conviction of that covered offense
is vacated.
``(5) Supporting evidence.--
``(A) Rebuttable presumption.--For purposes of this
section, there shall be a rebuttable presumption that
the movant is a victim of trafficking if the movant
includes in the motion--
``(i) a copy of an official record,
certification, or eligibility letter from a
Federal, State, tribal, or local proceeding,
including an approval notice or an enforcement
certification generated from a Federal
immigration proceeding, that shows that the
movant was a victim of trafficking, including a
victim of a trafficker charged with a violation
of chapter 77; or
``(ii) an affidavit or sworn testimony from
a trained professional staff member of a victim
services organization, an attorney, a member of
the clergy, or a medical or other professional
from whom the movant has sought assistance in
addressing the trauma associated with being a
victim of trafficking.
``(B) Other evidence.--
``(i) In general.--For purposes of this
section, in determining whether the movant is a
victim of trafficking, the court may consider
any other evidence the court determines is of
sufficient credibility and probative value,
including an affidavit or sworn testimony of
the movant.
``(ii) Affidavit or sworn testimony of
movant sufficient evidence.--The affidavit or
sworn testimony of the movant described in
clause (i) shall be sufficient evidence to
vacate a conviction or expunge an arrest under
this section if the court determines that--
``(I) the affidavit or sworn
testimony is credible; and
``(II) no other evidence is readily
available.
``(6) Conviction or arrest of other persons not required.--
It shall not be necessary that any person other than the movant
be convicted of or arrested for a covered offense before the
movant may file a motion under paragraph (1).
``(7) Denial of motion.--
``(A) In general.--If the court denies a motion
filed under paragraph (1), the denial shall be without
prejudice.
``(B) Reasons for denial.--If the court denies a
motion filed under paragraph (1), the court shall state
the reasons for the denial in writing.
``(C) Reasonable time to cure deficiencies in
motion.--If the motion was denied due to a curable
deficiency in the motion, the court shall allow the
movant sufficient time for the movant to cure the
deficiency.
``(8) Appeal.--An order granting or denying a motion under
this section may be appealed in accordance with section 1291 of
title 28 and section 3731 of this title.
``(c) Vacatur of Convictions.--
``(1) In general.--If the court grants a motion to vacate a
conviction under subsection (b), the court shall immediately
vacate the conviction for cause, set aside the verdict and
enter a judgment of acquittal, and enter an expungement order
that directs that there be expunged from all official records
all references to--
``(A) the arrest of the person for the covered
offense;
``(B) the institution of criminal proceedings
against the person relating to the covered offense; and
``(C) the results of the proceedings.
``(2) Effect.--If a conviction is vacated under an order
entered under paragraph (1)--
``(A) the conviction shall not be regarded as a
conviction under Federal law and the person for whom
the conviction was vacated shall be considered to have
the status occupied by the person before the arrest or
the institution of the criminal proceedings related to
such conviction; and
``(B) no alien may be removed, determined to be
inadmissible, or lose any immigration benefit because
of such conviction, arrest, or institution of criminal
proceedings.
``(d) Expungement of Arrests.--
``(1) In general.--If the court grants a motion to expunge
an arrest under subsection (b), the court shall immediately
enter an expungement order that directs that there be expunged
from all official records all references to--
``(A) the arrest of the person for the covered
offense;
``(B) the institution of any criminal proceedings
against the person relating to the covered offense; and
``(C) the results of the proceedings, if any.
``(2) Effect.--If an arrest is expunged under an order
entered under paragraph (1)--
``(A) the arrest shall not be regarded as an arrest
under Federal law and the person for whom the arrest is
expunged shall be considered to have the status
occupied by the person before the arrest or the
institution of the criminal proceedings related to such
arrest, if any; and
``(B) no alien may be removed, determined to be
inadmissible, or lose any immigration benefit because
of arrest or institution of criminal proceedings, if
any.
``(e) Mitigating Factors.--
``(1) In general.--The court which imposed sentence for a
noncovered offense upon a covered prisoner may reduce the term
of imprisonment for the noncovered offense--
``(A) upon motion by a covered prisoner, the
Director of the Bureau of Prisons, or the court's own
motion;
``(B) after notice to the Government;
``(C) after considering--
``(i) the factors set forth in section
3553(a);
``(ii) the nature and seriousness of the
danger to any person; and
``(iii) the community, or any crime
victims; and
``(D) if the court finds, by a preponderance of the
evidence, that the covered prisoner committed the
noncovered offense as a direct result of the covered
prisoner having been a victim of trafficking.
``(2) Rebuttable presumption.--For the purposes of this
subsection, there shall be a rebuttable presumption that a
covered prisoner is a victim of trafficking if the covered
prisoner provides--
``(A) a copy of an official record, certification,
or eligibility letter from a Federal, State, tribal, or
local proceeding, including an approval notice or an
enforcement certification generated from a Federal
immigration proceeding, that shows that the covered
prisoner was a victim of trafficking, including a
victim of a trafficker charged with a violation of
chapter 77; or
``(B) an affidavit or sworn testimony from a
trained professional staff member of a victim services
organization, an attorney, a member of the clergy, or a
medical or other professional from whom the covered
prisoner has sought assistance in addressing the trauma
associated with being a victim of trafficking.
``(3) Requirement.--Any proceeding under this subsection
shall be subject to section 3771.
``(4) Particularized inquiry.--For any motion under
paragraph (1), the Government shall conduct a particularized
inquiry of the facts and circumstances of the original
sentencing of the covered prisoner in order to assess whether a
reduction in sentence would be consistent with this section.
``(f) Additional Actions by Court.--The court may, upon granting a
motion under this section take such additional action as the court
determines is appropriate.
``(g) Confidentiality of Movant.--
``(1) In general.--A motion under this section and any
documents, pleadings, or orders relating to the motion shall be
filed under seal.
``(2) Information not available for public inspection.--No
officer or employee may make any report, paper, picture,
photograph, court file or other document, in the custody or
possession of the officer or employee, that identifies the
movant available for public inspection.
``(h) Applicability.--This section shall apply to any conviction or
arrest occurring before, on, or after the date of enactment of this
section.''.
(b) Technical and Conforming Amendment.--The table of sections of
chapter 237 of title 18, United States Code, is amended by adding at
the end the following:
``3772. Motion to vacate; expungement; mitigating factors.''. | Trafficking Survivors Relief Act of 2017 This bill amends the federal criminal code to establish a process to vacate convictions and expunge arrests for criminal offenses committed by trafficking victims that directly result from or relate to having been a trafficking victim. A trafficking victim may file a motion: (1) to vacate a conviction for a nonviolent offense that does not include a child victim (i.e., under age 18); (2) to expunge records of an arrest for a nonviolent offense that does not include a child victim; or (3) to expunge records of an arrest for an offense that is violent or that includes a child victim, if the charges are reduced, dismissed, or disposed of. | {"src": "billsum_train", "title": "Trafficking Survivors Relief Act of 2017"} | 3,609 | 163 | 0.58508 | 1.501909 | 0.771737 | 1.924812 | 24.067669 | 0.917293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Energy and Infrastructure
Jobs Financing Act of 2012''.
SEC. 2. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``April 1, 2012'' in subsections (b)(6)(B),
(c)(1), and (e)(3) and inserting ``October 1, 2016''; and
(2) by striking ``Surface Transportation Extension Act of
2011, Part II'' in subsections (c)(1) and (e)(3) and inserting
``American Energy and Infrastructure Jobs Act of 2012''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of
such Code is amended--
(1) by striking ``Surface Transportation Extension Act of
2011, Part II'' each place it appears in subsection (b)(2) and
inserting ``American Energy and Infrastructure Jobs Act of
2012''; and
(2) by striking ``April 1, 2012'' in subsection (d)(2) and
inserting ``October 1, 2016''.
(c) Leaking Underground Storage Tank Trust Fund.--Paragraph (2) of
section 9508(e) of such Code is amended by striking ``April 1, 2012''
and inserting ``October 1, 2016''.
(d) Effective Date.--The amendments made by this section shall take
effect on April 1, 2012.
SEC. 3. EXTENSION OF HIGHWAY-RELATED TAXES.
(a) In General.--
(1) Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``March 31, 2012''
and inserting ``September 30, 2018'':
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is
amended by striking ``April 1, 2012'' and inserting ``October
1, 2018'':
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) Extension of Tax, Etc., on Use of Certain Heavy Vehicles.--
(1) In general.--Subsection (f) of section 4481 of such
Code is amended by striking ``2012'' and inserting ``2018''.
(2) Taxable period conformed to fiscal year.--Section 4482
of such Code is amended--
(A) by striking ``any year'' and all that follows
in subsection (c)(4) and inserting ``each annual period
beginning on October 1 which begins before October 1,
2019.'', and
(B) by striking subsection (d).
(c) Floor Stocks Refunds.--Section 6412(a)(1) of such Code is
amended--
(1) by striking ``April 1, 2012'' each place it appears and
inserting ``October 1, 2018'';
(2) by striking ``September 30, 2012'' each place it
appears and inserting ``September 30, 2018''; and
(3) by striking ``July 1, 2012'' and inserting ``January 1,
2019''.
(d) Extension of Certain Exemptions.--Sections 4221(a) and 4483(i)
of such Code are each amended by striking ``April 1, 2012'' and
inserting ``October 1, 2018''.
(e) Extension of Transfers of Certain Taxes.--
(1) In general.--Section 9503 of such Code is amended--
(A) in subsection (b)--
(i) by striking ``April 1, 2012'' each
place it appears in paragraphs (1) and (2) and
inserting ``October 1, 2018'';
(ii) by striking ``April 1, 2012'' in the
heading of paragraph (2) and inserting
``October 1, 2018'';
(iii) by striking ``March 31, 2012'' in
paragraph (2) and inserting ``September 30,
2018''; and
(iv) by striking ``January 1, 2013'' in
paragraph (2) and inserting ``July 1, 2019'';
and
(B) in subsection (c)(2), by striking ``January 1,
2013'' and inserting ``July 1, 2019''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (3)(A)(i) and (4)(A) of
section 9503(c) of such Code are each amended by
striking ``April 1, 2012'' and inserting ``October 1,
2018''.
(B) Conforming amendments to land and water
conservation fund.--Section 201(b) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
11(b)) is amended--
(i) by striking ``April 1, 2013'' each
place it appears and inserting ``October 1,
2019''; and
(ii) by striking ``April 1, 2012'' and
inserting ``October 1, 2018''.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on April 1,
2012.
(2) Subsection (b)(2).--The amendment made by subsection
(b)(2) shall apply to periods beginning after September 30,
2012.
SEC. 4. REVENUES FROM CERTAIN DOMESTIC ENERGY LEASES APPROPRIATED TO
HIGHWAY TRUST FUND.
(a) In General.--Subsection (b) of section 9503 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (2) the
following new paragraph:
``(3) Revenues from certain domestic energy leases.--There
are hereby appropriated to the Highway Trust Fund amounts
equivalent to the net increase in Federal revenues from onshore
and offshore domestic energy leasing and production generated
by reason of the enactment of the Alaskan Energy for American
Jobs Act, the PIONEERS Act, and the Energy Security and
Transportation Jobs Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to amounts received in the Treasury after the date of the
enactment of this Act.
SEC. 5. ALTERNATIVE TRANSPORTATION ACCOUNT.
(a) Termination of Funding From Fuels Tax Receipts; One-Time
Appropriation.--Paragraph (2) of section 9503(e) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(2) Appropriation.--
``(A) In general.--Out of money in the Treasury not
otherwise appropriated, there is hereby appropriated
$40,000,000,000 to the Alternative Transportation
Account. Any amount appropriated under this paragraph
shall remain available without fiscal year limitation.
``(B) Transfer to highway account of 2012
appropriated amounts based on fuels tax receipts.--
Amounts transferred on or before the date of the
enactment of this paragraph to the Mass Transit Account
in the Highway Trust Fund for fiscal year 2012 are
hereby transferred to the Highway Account of the
Highway Trust Fund (as defined in paragraph (5)(B)).''.
(b) Renaming of Mass Transit Account.--
(1) In general.--The text of subsection (e) of section 9503
of the Internal Revenue Code of 1986 is amended by striking
``Mass Transit Account'' each place it appears and inserting
``Alternative Transportation Account''.
(2) Conforming amendment.--The heading for subsection (e)
of section 9503 of such Code is amended by striking ``Mass
Transit Account'' and inserting ``Alternative Transportation
Account''. | American Energy and Infrastructure Jobs Financing Act of 2012 - Amends the Internal Revenue Code to: (1) extend through September 30, 2016, the expenditure authority for the Highway Trust Fund; and (2) extend through September 30, 2018, current excise tax rates on motor fuels (i.e., gasoline, diesel fuel and kerosene, and special motor fuels), excise taxes on heavy highway vehicles and highway tires, and the use tax on heavy vehicles.
Appropriates to the Highway Trust Fund amounts equivalent to the net increase in revenues from onshore and offshore domestic energy leasing and production resulting from the Alaskan Energy for American Jobs Act, the PIONEERS Act, and the Energy Security and Transportation Jobs Act.
Terminates the authority for transfers of motor fuel tax revenues to the Mass Transit Account of the Highway Trust Fund. Renames such Account as the Alternative Transportation Account and makes a one-time appropriation to such Account. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend authorities relating to the Highway Trust Fund, to provide revenues for highway programs, and for other purposes."} | 1,771 | 199 | 0.531787 | 1.446045 | 0.731844 | 3.295455 | 8.75 | 0.852273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Transportation Program
Improvement Act of 2002''.
SEC. 2. INDIAN RESERVATION ROADS.
(a) Authorization of Appropriations.--Section 1101(a)(8)(A) of the
Transportation Equity Act for the 21st Century (112 Stat. 112) is
amended by striking ``of such title'' and all that follows and
inserting ``of that title--
``(i) $225,000,000 for fiscal year 1998;
``(ii) $275,000,000 for each of fiscal
years 1999 through 2003;
``(iii) $350,000,000 for fiscal year 2004;
``(iv) $425,000,000 for fiscal year 2005;
and
``(v) $500,000,000 for each of fiscal years
2006 through 2009.''.
(b) Obligation Ceiling.--Section 1102(c)(1) of the Transportation
Equity Act for the 21st Century (23 U.S.C. 104 note; 112 Stat. 116) is
amended--
(1) by striking ``distribute obligation'' and inserting the
following: ``distribute--
``(A) obligation'';
(2) by inserting ``and'' after the semicolon at the end;
and
(3) by adding at the end the following:
``(B) for any fiscal year after fiscal year 2003,
any amount of obligation authority made available for
Indian reservation road bridges under section
202(d)(4), and for Indian reservation roads under
section 204, of title 23, United States Code;''.
(c) Additional Authorization of Contract Authority for States With
Indian Reservations.--Section 1214(d)(5)(A) of the Transportation
Equity Act for the 21st Century (23 U.S.C. 202 note; 112 Stat. 206) is
amended by inserting before the period at the end the following: ``,
$3,000,000 for each of fiscal years 2004 and 2005, $4,000,000 for each
of fiscal years 2006 and 2007, and $5,000,000 for each of fiscal years
2008 and 2009''.
(d) Indian Reservation Road Bridges.--Section 202(d)(4) of title
23, United States Code, is amended--
(1) in subparagraph (B)--
(A) by striking ``(B) Reservation.--Of the
amounts'' and all that follows through ``to replace,''
and inserting the following:
``(B) Funding.--
``(i) Reservation of funds.--
Notwithstanding any other provision of law,
there is authorized to be appropriated from the
Highway Trust Fund $15,000,000 for each of
fiscal years 2004 through 2009 to carry out
planning, design, engineering, construction,
and inspection of projects to replace,''; and
(B) by adding at the end the following:
``(ii) Availability.--Funds made available
to carry out this subparagraph shall be
available for obligation in the same manner as
if the funds were apportioned under chapter
1.''; and
(2) in subparagraph (D)--
(A) by striking ``(D) Approval requirement.--'' and
inserting the following:
``(D) Approval and need requirements.--''; and
(B) by striking ``only on approval of the plans,
specifications, and estimates by the Secretary.'' and
inserting ``only--
``(i) on approval by the Secretary of
plans, specifications, and estimates relating
to the projects; and
``(ii) in amounts directly proportional to
the actual need of each Indian reservation, as
determined by the Secretary based on the number
of deficient bridges on each reservation and
the projected cost of rehabilitation of those
bridges.''.
(e) Fair and Equitable Distribution.--Section 202(d) of title 23,
United States Code, is amended by adding at the end the following:
``(5) Fair and equitable distribution.--To ensure that the
distribution of funds to an Indian tribe under this subsection
is fair, equitable, and based on valid transportation needs of
the Indian tribe, the Secretary shall--
``(A) verify the existence, as of the date of the
distribution, of all roads that are part of the Indian
reservation road system; and
``(B) distribute funds based only on those
roads.''.
(f) Indian Reservation Roads Planning.--Section 204(j) of title 23,
United States Code, is amended in the first sentence by striking ``2
percent'' and inserting ``4 percent''.
SEC. 3. INDIAN RESERVATION RURAL TRANSIT PROGRAM.
Section 5311 of title 49, United States Code, is amended by adding
at the end the following:
``(k) Indian Reservation Rural Transit Program.--
``(1) Definition of indian tribe.--In this subsection, the
term `Indian tribe' has the meaning given the term in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
``(2) Program.--
``(A) In general.--The Secretary of Transportation
shall establish and carry out a program to provide
competitive grants to Indian tribes to establish rural
transit programs on reservations or other land under
the jurisdiction of the Indian tribes.
``(B) Amount of grants.--The amount of a grant
provided to an Indian tribe under subparagraph (A)
shall be based on the need of the Indian tribe, as
determined by the Secretary of Transportation.
``(3) Funding.--Notwithstanding any other provision of law,
for each fiscal year, of the amount made available to carry out
this section under section 5338 for the fiscal year, the
Secretary of Transportation shall use $20,000,000 to carry out
this subsection.''.
SEC. 4. SENSE OF CONGRESS REGARDING INDIAN RESERVATION ROADS.
(a) Findings.--Congress finds that--
(1) the maintenance of roads on Indian reservations is a
responsibility of the Bureau of Indian Affairs;
(2) amounts made available by the Federal Government as of
the date of enactment of this Act for maintenance of roads on
Indian reservations under section 204(c) of title 23, United
States Code, comprise only 30 percent of the annual amount of
funding needed for maintenance of roads on Indian reservations
in the United States; and
(3) any amounts made available for construction of roads on
Indian reservations will be wasted if those roads are not
properly maintained.
(b) Sense of Congress.--It is the sense of Congress that Congress
should annually provide to the Bureau of Indian Affairs such funding as
is necessary to carry out all maintenance of roads on Indian
reservations in the United States. | Tribal Transportation Program Improvement Act of 2002 - Amends the Transportation Equity Act for the 21st Century to authorize appropriations for Indian reservation roads under the Federal Lands Highways Program through FY 2009.Prohibits the Secretary of Transportation from distributing, for years after FY 2003, any amount of obligation authority made available for Indian reservation road bridges and roads.Authorizes appropriations to carry out the planning, design, engineering, construction, and inspection of certain projects concerning deficient Indian reservation road bridges through FY 2009.Raises from two percent to four percent the ceiling for the amount of funds made available for Indian reservation roads for each fiscal year that may be allocated to Indian tribal governments applying for transportation planning pursuant to the Indian Self-Determination and Education Assistance Act.Directs the Secretary of Transportation to issue grants to Indian tribes to establish rural transit programs on reservations or other land under the jurisdiction of the tribes. Authorizes appropriations.Expresses the sense of Congress that: (1) the maintenance of roads on Indian reservations is a responsibility of the Bureau of Indian Affairs; and (2) Congress should annually provide to the Bureau such funding as is necessary to carry out all maintenance of roads on Indian reservations. | {"src": "billsum_train", "title": "A bill to amend the Transportation Equity Act for the 21st Century to provide the Highway Trust Fund additional funding for Indian reservation roads, and for other purposes."} | 1,501 | 258 | 0.616755 | 1.597527 | 0.786556 | 4.542986 | 6.027149 | 0.877828 |
SECTION 1. PROFESSIONAL DEVELOPMENT.
(a) Short Title.--This section may be cited as the ``Professional
Development Reform Act''.
(b) Amendments.--Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
(1) by redesignating part E as part F; and
(2) by inserting after part D the following:
``PART E--PROFESSIONAL DEVELOPMENT
``SEC. 2351. PURPOSES.
``The purposes of this part are as follows:
``(1) To improve the academic achievement of students by
providing every student with a well-prepared teacher.
``(2) To provide every new teacher with structured support,
including a qualified and trained mentor, to facilitate the
transition into successful teaching.
``(3) To ensure that every teacher is given the assistance,
tools, and professional development opportunities, throughout
the teacher's career, to help the teacher teach to the highest
academic standards and help students succeed.
``(4) To provide training to prepare and support principals
to serve as instructional leaders and to work with teachers to
create a school climate that fosters excellence in teaching and
learning.
``(5) To transform, strengthen, and improve professional
development from a fragmented, one-shot approach to sustained,
high quality, and intensive activities that--
``(A) are collaborative, content-centered,
standards-based, results-driven, and embedded in the
daily work of the school;
``(B) allow teachers regular opportunities to
practice and reflect upon their teaching and learning;
and
``(C) are responsive to teacher needs.
``SEC. 2252. DEFINITIONS.
``In this part:
``(1) Professional development.--The term `professional
development' means effective professional development that--
``(A) is sustained, high quality, intensive, and
comprehensive;
``(B) is content-centered, collaborative, school-
embedded, tied to practice, focused on student work,
supported by research, and aligned with and designed to
help elementary school or secondary school students
meet challenging State content standards and
challenging State student performance standards;
``(C) includes structured induction activities that
provide ongoing and regular support to new teachers in
the initial years of their careers;
``(D) includes sustained in-service activities to
improve elementary school or secondary school teaching
in the core academic subjects, to integrate technology
into the curriculum, to improve understanding and the
use of student assessments, to improve classroom
management skills, to address the specific needs of
diverse students, including limited English proficient
students, individuals with disabilities, and
economically disadvantaged individuals, and to
encourage and provide instruction on how to work with
and involve parents to foster student achievement; and
``(E) includes sustained onsite training
opportunities that provide active learning and
observational opportunities for elementary school or
secondary school teachers to model effective practice.
``(2) Administrator.--The term `administrator' means a
school principal or superintendent.
``SEC. 2353. STATE ALLOTMENT OF FUNDS.
``From the amount appropriated under section 2361 that is not
reserved under section 2360 for a fiscal year, the Secretary shall make
an allotment to each State educational agency having an application
approved under section 2354 in an amount that bears the same relation
to the amount appropriated under section 2361 that is not reserved
under section 2360 for the fiscal year as the amount the State
educational agency received under part A of title I for the fiscal year
bears to the amount received under such part by all States for the
fiscal year.
``SEC. 2354. STATE APPLICATIONS.
``Each State educational agency desiring an allotment under section
2353 for a fiscal year shall submit to the Secretary an application at
such time, in such manner, and accompanied by such information as the
Secretary may require. The application shall include--
``(1) a description of the strategy to be used to implement
State activities described in section 2355;
``(2) a description of how the State educational agency
will assist local educational agencies in transforming,
strengthening, and improving professional development;
``(3) a description of how the activities described in
section 2355 and the assistance described in paragraph (2) will
assist the State in achieving the State's goals for
comprehensive education reform, will help all students meet
challenging State content standards and challenging State
student performance standards, and will help all teachers meet
State standards for teaching excellence;
``(4) a description of the manner in which the State
educational agency will ensure, consistent with the State's
comprehensive education reform plan policies, or statutes, that funds
provided under this part will be effectively coordinated with all
Federal and State professional development funds and activities,
including funds and activities under this title, titles I, III, VI, and
VII, title II of the Higher Education Act of 1965, section 307 of the
Department of Education Appropriations Act, 1999, and the Goals 2000:
Educate America Act; and
``(5) a description of--
``(A) how the State educational agency will collect
and utilize data for evaluation of the activities
carried out by local educational agencies under this
part, including collecting baseline data in order to
measure changes in the professional development
opportunities provided to teachers and measure
improvements in teaching practice and student
performance; and
``(B) the specific performance measures the State
educational agency will use to determine the need for
technical assistance described in section 2355(2) and
to make a continuation of funding determination under
section 2358.
``SEC. 2355. STATE ACTIVITIES.
``From the amount allotted to a State educational agency under
section 2353 for a fiscal year, the State educational agency--
``(1) shall reserve not more than 5 percent to support,
directly or through grants to or contracts with institutions of
higher education, educational nonprofit organizations,
professional associations of administrators, or other entities
that are responsive to the needs of administrators and
teachers, programs that--
``(A) provide effective leadership training--
``(i) to encourage highly qualified
individuals to become administrators; and
``(ii) to develop and enhance instructional
leadership, school management, parent
involvement, mentoring, and staff evaluation
skills of administrators; and
``(B) provide effective leadership and mentor
training--
``(i) to encourage highly qualified and
effective teachers to become mentors; and
``(ii) to develop and enhance the mentoring
and peer coaching skills of such qualified and
effective teachers;
``(2) may reserve not more than 2 percent for providing
technical assistance and dissemination of information to
schools and local educational agencies to help the schools and
local educational agencies implement effective professional
development activities that are aligned with challenging State
content standards, challenging State student performance
standards, and State standards for teaching excellence; and
``(3) may reserve not more than 2 percent for evaluating
the effectiveness of the professional development provided by
schools and local educational agencies under this part in
improving teaching practice, increasing the academic
achievement of students, and helping students meet challenging
State content standards and challenging State student
performance standards, and for administrative costs.
``SEC. 2356. LOCAL PROVISIONS.
``(a) Allocations to Local Educational Agencies.--Each State
educational agency receiving an allotment under section 2353 for a
fiscal year shall make an allocation from the allotted funds that are
not reserved under section 2355 for the fiscal year to each local
educational agency in the State that is eligible to receive assistance
under part A of title I for the fiscal year in an amount that bears the
same relation to the allotted funds that are not reserved under section
2355 as the amount the local educational agency received under such
part for the fiscal year bears to the amount all local educational
agencies in all States received under such part for the fiscal year.
``(b) Applications.--Each local educational agency desiring a grant
under this part shall submit an application to the State educational
agency at such time, in such manner, and accompanied by such
information as the State educational agency may require. The
application shall include--
``(1) a description of how the local educational agency
plans--
``(A) to work with schools served by the local
educational agency that are described in section 2357
to carry out the local activities described in section
2357; and
``(B) to meet the purposes described in section
2351;
``(2) a description of the manner in which the local
educational agency will ensure that--
``(A) the grant funds will be used--
``(i) to provide teachers with the
knowledge and skills necessary to teach
students to be proficient or advanced in
challenging State content standards and
challenging State student performance
standards, and any local education reform plans
or policies; and
``(ii) to help teachers meet standards for
teaching excellence; and
``(B) funds provided under this part will be
effectively coordinated with all Federal, State, and
local professional development funds and activities;
``(3) a description of the local educational agency's
strategy for--
``(A) selecting and training highly qualified
mentors (utilizing teachers certified by the National
Board for Professional Teaching Standards and teachers
granted advanced certification as a master or mentor
teacher by the State, where possible), for matching
such mentors (from the new teachers' teaching
disciplines) with the new teachers; and
``(B) providing release time for the teachers
(utilizing highly qualified substitute teachers and
high quality retired teachers, where possible);
``(4) a description of how the local educational agency
will collect and analyze data on the quality and impact of
activities carried out in schools under this part, and the
specific performance measures the local educational agency will
use in the local educational agency's evaluation process;
``(5) a description of the local educational agency's plan
to develop and carry out the activities described in section
2357 with the extensive participation of administrators,
teachers, parents, and the partnering institution described in
section 2357(4); and
``(6) a description of the local educational agency's
strategy to ensure that there is schoolwide participation in
the schools to be served.
``SEC. 2357. LOCAL ACTIVITIES.
``Each local educational agency receiving an allocation under this
part shall use the allocation to carry out professional development
activities in schools served by the local educational agency that have
the highest percentages of students living in poverty, as measured in
accordance with section 1113(a)(5), including--
``(1) mentoring, team teaching, and peer observation and
coaching;
``(2) dedicated time for collaborative lesson planning and
curriculum development meetings;
``(3) consultation with exemplary teachers and short- and
long-term visits to other classrooms and schools;
``(4) partnering with institutions of higher education and,
where appropriate, educational nonprofit organizations, for
joint efforts in designing the sustained professional
development opportunities, for providing advanced content area
courses and other assistance to improve the content knowledge
and pedagogical practices of teachers, and, where appropriate,
for providing training to address areas of teacher and
administrator shortages;
``(5) providing release time (including compensation for
mentor teachers and substitute teachers as necessary) for
activities described in this section; and
``(6) developing professional development networks, through
Internet links, where available, that--
``(A) provide a forum for interaction among
teachers and administrators; and
``(B) allow the exchange of information regarding
advances in content and pedagogy.
``SEC. 2358. CONTINUATION OF FUNDING.
``Each local educational agency or school that receives funding
under this part shall be eligible to continue to receive the funding
after the third year the local educational agency or school receives
the funding if the local educational agency or school demonstrates that
the local educational agency or school has--
``(1) improved student performance;
``(2) increased participation in sustained professional
development; and
``(3) made significant progress toward at least 1 of the
following:
``(A) Reducing the number of out-of-field
placements and teachers with emergency credentials.
``(B) Improving teaching practice.
``(C) Reducing the new teacher attrition rate for
the local educational agency or school.
``(D) Increasing partnerships and linkages with
institutions of higher education.
``SEC. 2359. SUPPLEMENT NOT SUPPLANT.
``Funds made available under this part shall be used to supplement
and not supplant other Federal, State, and local funds expended to
carry out activities relating to teacher programs or professional
development.
``SEC. 2360. NATIONAL ACTIVITIES.
``(a) Reservation.--The Secretary shall reserve not more than 5
percent of the amount appropriated under section 2361 for each fiscal
year for the national evaluation described in subsection (b) and the
dissemination activities described in subsection (c).
``(b) National Evaluation.--
``(1) In general.--The Secretary shall provide for an
annual, independent, national evaluation of the activities
assisted under this part not later than 3 years after the date
of enactment of the Professional Development Reform Act. The
evaluation shall include information on the impact of the
activities assisted under this part on student performance.
``(2) State reports.--Each State receiving an allotment
under this part shall submit to the Secretary the results of
the evaluation described under section 2355(3).
``(3) Report to congress.--The Secretary annually shall
submit to Congress a report that describes the information in
the national evaluation and the State reports.
``(c) Dissemination.--The Secretary shall collect and broadly
disseminate information (including creating and maintaining a national
database or clearinghouse) to help States, local educational agencies,
schools, teachers, and institutions of higher education learn about
effective professional development policies, practices, and programs,
data projections of teacher and administrator supply and demand, and
available teaching and administrator opportunities.
``SEC. 2361. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$1,000,000,000 for fiscal year 2000 and such sums as may be necessary
for each of the fiscal years 2001 through 2004.''. | Professional Development Reform Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a new program for the professional development of elementary and secondary school teachers.
Directs the Secretary of Education to make program allotments to applicant State educational agencies (SEAs) according to a specified formula. Requires an SEA to reserve not more than five percent of its allotment to support programs to provide effective leadership and mentoring training to school administrators and teachers. Allows an SEA also to reserve the following portions of its allotment: (1) two percent for technical assistance and information dissemination to schools and local educational agencies (LEAs) for professional development activities aligned with State standards for content, student performance, and teaching excellence; and (2) two percent for evaluation of effectiveness, in certain respects, of professional development provided by schools and LEAs, and for administrative costs. Requires SEAs to allocate to eligible applicant LEAs all allotment funds not so reserved.
Bases an LEA's eligibility for such allocations on its eligibility for assistance for basic LEA programs to help disadvantaged children meet high standards. Requires each recipient LEA to use its allocation to carry out specified types of professional development activities in the schools it serves that have the highest percentages of students living in poverty. Provides for continuation of funding under specified conditions.
Directs the Secretary to reserve not more than five percent of the amount appropriated under this Act for each fiscal year for: (1) a national evaluation, including State evaluation reports and a report to Congress; and (2) dissemination activities, including a national database or clearinghouse.
Authorizes appropriations. | {"src": "billsum_train", "title": "Professional Development Reform Act"} | 3,045 | 359 | 0.513533 | 1.626387 | 0.765291 | 2.067093 | 9.722045 | 0.808307 |
SECTION 1. DWIGHT D. EISENHOWER MEMORIAL COMMISSION.
Section 8162 of the Department of Defense Appropriations Act, 2000
(Public Law 106-79; 113 Stat. 1274) is amended--
(1) by striking subsection (j) and inserting the following:
``(j) Powers of the Commission.--
``(1) In general.--
``(A) Powers.--The Commission may--
``(i) make such expenditures for services
and materials for the purpose of carrying out
this section as the Commission considers
advisable from funds appropriated or received
as gifts for that purpose;
``(ii) solicit and accept contributions to
be used in carrying out this section or to be
used in connection with the construction or
other expenses of the memorial;
``(iii) hold hearings and enter into
contracts;
``(iv) enter into contracts for specialized
or professional services as necessary to carry
out this section; and
``(v) take such actions as are necessary to
carry out this section.
``(B) Specialized or professional services.--
Services under subparagraph (A)(iv) may be--
``(i) obtained without regard to the
provisions of title 5, United States Code,
including section 3109 of that title; and
``(ii) may be paid without regard to the
provisions of title 5, United States Code,
including chapter 51 and subchapter III of
chapter 53 of that title.
``(2) Gifts of property.--The Commission may accept gifts
of real or personal property to be used in carrying out this
section, including to be used in connection with the
construction or other expenses of the memorial.
``(3) Federal cooperation.--At the request of the
Commission, a Federal department or agency may provide any
information or other assistance to the Commission that the head
of the Federal department or agency determines to be
appropriate.
``(4) Powers of members and agents.--
``(A) In general.--If authorized by the Commission,
any member or agent of the Commission may take any
action that the Commission is authorized to take under
this section.
``(B) Architect.--The Commission may appoint an
architect as an agent of the Commission to--
``(i) represent the Commission on various
governmental source selection and planning
boards on the selection of the firms that will
design and construct the memorial; and
``(ii) perform other duties as designated
by the Chairperson of the Commission.
``(C) Treatment.--An authorized member or agent of
the Commission (including an individual appointed under
subparagraph (B)) providing services to the Commission
shall be considered an employee of the Federal
Government in the performance of those services for the
purposes of chapter 171 of title 28, United States
Code, relating to tort claims.
``(5) Travel.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.'';
(2) by redesignating subsection (o) as subsection (q); and
(3) by adding after subsection (n) the following:
``(o) Staff and Support Services.--
``(1) Executive director.--There shall be an Executive
Director appointed by the Commission to be paid at a rate not
to exceed the maximum rate of basic pay for level IV of the
Executive Schedule.
``(2) Staff.--
``(A) In general.--The staff of the Commission may
be appointed and terminated without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title, relating to
classification and General Schedule pay rates, except
that an individual appointed under this paragraph may
not receive pay in excess of the maximum rate of basic
pay for GS-15 of the General Schedule.
``(B) Senior staff.--Notwithstanding subparagraph
(A), not more than 3 staff employees of the Commission
(in addition to the Executive Director) may be paid at
a rate not to exceed the maximum rate of basic pay for
level IV of the Executive Schedule.
``(3) Staff of federal agencies.--On request of the
Commission, the head of any Federal department or agency may
detail any of the personnel of the department or agency to the
Commission to assist the Commission to carry out its duties
under this section.
``(4) Federal support.--The Commission shall obtain
administrative and support services from the General Services
Administration on a reimbursable basis. The Commission may use
all contracts, schedules, and acquisition vehicles allowed to
external clients through the General Services Administration.
``(5) Cooperative agreements.--The Commission may enter
into cooperative agreements with Federal agencies, State,
local, tribal and international governments, and private
interests and organizations which will further the goals and
purposes of this section.
``(6) Temporary, intermittent, and part-time services.--
``(A) In general.--The Commission may obtain
temporary, intermittent, and part-time services under
section 3109 of title 5, United States Code, at rates
not to exceed the maximum annual rate of basic pay
payable under section 5376 of that title.
``(B) Non-applicability to certain services.--This
paragraph shall not apply to services under subsection
(j)(1)(A)(iv).
``(7) Volunteer services.--
``(A) In general.--Notwithstanding section 1342 of
title 31, United States Code, the Commission may accept
and utilize the services of volunteers serving without
compensation.
``(B) Reimbursement.--The Commission may reimburse
such volunteers for local travel and office supplies,
and for other travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703 of
title 5, United States Code.
``(C) Liability.--
``(i) In general.--Subject to clause (ii),
a volunteer described in subparagraph (A) shall
be considered to be a volunteer for purposes of
the Volunteer Protection Act of 1997 (42 U.S.C.
14501 et seq.).
``(ii) Exception.--Section 4(d) of the
Volunteer Protection Act of 1997 (42 U.S.C.
14503(d)) shall not apply for purposes of a
claim against a volunteer described in
subparagraph (A).
``(p) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.''.
Passed the House of Representatives October 22, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Amends the Department of Defense Appropriations Act, 2000 to revise the administrative authorities of the Dwight D. Eisenhower Memorial Commission.
Authorizes the Commission to: (1) enter into contracts for specialized or professional services without regard to certain civil service requirements; (2) accept gifts of real or personal property; (3) appoint an architect; (4) hire and fire staff without regard to competitive service requirements and obtain temporary, intermittent, and part-time services; (5) enter into cooperative agreements with other government and private entities; and (6) accept volunteer services.
Requires the Commission to: (1) appoint an Executive Director; and (2) obtain adminstrative and support services from the General Services Administration.
Authorizes appropriations. | {"src": "billsum_train", "title": "To provide for certain administrative and support services for the Dwight D. Eisenhower Memorial Commission, and for other purposes."} | 1,505 | 160 | 0.520705 | 1.375193 | 0.713516 | 3.275862 | 9.682759 | 0.889655 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Caguana Indigenous
Ceremonial Park and Tibes Indigenous Ceremonial Center Study Act''.
(b) Findings.--Congress finds as follows:
(1) Caguana indigenous ceremonial park.--
(A) The Caguana Indigenous Ceremonial Park is
comprised of approximately 13.5 acres located at the
center of Puerto Rico, in the Caguana Ward at the
Municipality of Utuado.
(B) The park is visited by approximately 60,000
students and tourists every year.
(C) Efforts to protect the park began in 1915, when
archeologist John Alden Mason, together with Robert T.
Aitken, started research on this archeological site. A
final report was issued in 1941.
(D) In 1949, the Puerto Rican anthropologist and
archeologist, Ricardo E. Alegria started a series of
excavations and, in 1964, as Director of the Institute
of Puerto Rican Culture, ordered the restoration of the
park.
(E) During 1992, after years of studies and
investigations, the National Park Service included the
park in the National Register of Historic Places. In
1993, the park received the distinction of a National
Historic Landmark.
(F) The park has one of the most surprising
archeological sites of the Antilles, including 22
petroglyphs on calcareous slates, monoliths located in
its main square, and the Cemi Mountain as sentinel.
(G) The park museum has a permanent exhibition of
more than 80 archeological pieces from the Taino
ancestors. Other pieces are exhibited at the University
of Puerto Rico Museum, the Puerto Rico Historical
Archives, the National Museum of American Indians in
New York City, and at Yale University, among other
private collections.
(H) The Caguana Indigenous Ceremonial Park has
unique pieces belonging to precolonial culture, from
Puerto Rico and from the Caribbean, and the best way to
ensure their protection of these treasures may be the
inclusion of the park as a unit of the National Park
Service.
(2) Tibes indigenous ceremonial center.--
(A) The Tibes Indigenous Ceremonial Center is
located between the wards of Tibes and Portugues in the
municipality of Ponce, and is considered one of the
most significant indigenous sites in the Caribbean. The
center is visited by approximately 80,000 students and
tourists every year.
(B) In 1975, Don Luis Hernandez--a sugar cane
worker--discovered the remnants of indigenous cultures
after the massive flooding caused by Hurricane Eloisa.
(C) Just after the discovery, the Guaynia Society
of Archeology and History from the Pontifical Catholic
University of Puerto Rico started the excavations and
restoration on the site. The group was assisted by the
renowned Antillean archeologist, Ricardo Alegria.
(D) After months of excavations, the Society had
discovered the oldest Antillean indigenous ceremonial
site in Puerto Rico, including the largest indigenous
cemetery on the Island with more than 186 human remains
from the Igneri and Pre-Taino cultures.
(E) Additionally, the Society discovered nine
plazas used by the indigenous to dance the areyto, play
ball and celebrate ceremonies of great importance. The
plazas varied in size from 42 feet long by 35.8 feet
wide to 115 feet long by 30.5 feet wide, and were named
as follows: Horseshoe Ball Court, Cemi Ball Court,
Santa Elena Ball Court, One Row Ball Court, Principal
Plaza, Oval or Elliptical Plaza, Bat Ball Court, and
Chief Ball Court. The ninth court remains unnamed.
(F) The Tibes Indigenous Ceremonial Center is key
in the education of the current and next generations of
Puerto Ricans about our indigenous roots. Thus, the
best way to preserve our heritage may be the inclusion
of the center as a unit of the National Park Service.
SEC. 2. NATIONAL PARK SERVICE STUDY.
(a) Study.--The Secretary of the Interior shall--
(1) carry out a study regarding the suitability and
feasibility of designating Caguana Indigenous Ceremonial Park
and Tibes Indigenous Ceremonial Center as units of the National
Park System; and
(2) consider management alternatives for the Caguana
Indigenous Ceremonial Park and Tibes Indigenous Ceremonial
Center.
(b) Study Process and Completion.--Except as provided by subsection
(c) of this section, section 100507(c) of title 54, United States Code,
shall apply to the conduct and completion of the study required by this
section.
(c) Submission of Study Results.--Not later than 1 year after the
date that funds are made available for this section, the Secretary
shall submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report describing the results of the study. | Caguana Indigenous Ceremonial Park and Tibes Indigenous Ceremonial Center Study Act This bill directs the Department of the Interior to study the suitability and feasibility of designating the Caguana Indigenous Ceremonial Park and the Tibes Indigenous Ceremonial Center in Puerto Rico as units of the National Park System. | {"src": "billsum_train", "title": "Caguana Indigenous Ceremonial Park and Tibes Indigenous Ceremonial Center Study Act"} | 1,124 | 75 | 0.515114 | 1.297858 | 0.98382 | 3.673469 | 19.571429 | 0.938776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farmers and Ranchers Minimizing
Estate Regulations Act of 2013'' or the ``FARMER Act of 2013''.
SEC. 2. MODIFICATIONS TO ALTERNATE VALUATION OF FARM, ETC., REAL
PROPERTY.
(a) Maximum Reduction Increased to $2,000,000.--
(1) In general.--Paragraph (2) of section 2032A(a) of the
Internal Revenue Code of 1986 (relating to limitation on
aggregate reduction in fair market value) is amended by
striking ``$750,000'' and inserting ``$2,000,000''.
(2) Conforming amendment.--The first sentence of section
2032A(a)(3) of such Code is amended to read as follows: ``In
the case of estates of decedents dying in a calendar year after
2012, the $2,000,000 amount contained in paragraph (2) shall be
increased by an amount equal to--
``(A) $2,000,000, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 2011' for `calendar year
1992' in subparagraph (B) thereof.''.
(b) Reduction in Required Holding and Use Periods of Decedent.--
Subparagraph (C) of section 2032A(b)(1) of such Code is amended--
(1) by striking ``8-year period'' and inserting ``5-year
period'', and
(2) by striking ``5 years'' and inserting ``3 years''.
(c) Reduction in Required Holding and Use Periods To Avoid
Recapture.--
(1) In general.--Paragraph (1) of section 2032A(c) of such
Code is amended--
(A) by striking ``10 years'' and inserting ``5
years'', and
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) there have been periods aggregating 3 years
or more during which the qualified heir does not use
for the qualified use the qualified real property which
was acquired (or passed) from the decedent,''.
(2) Conforming amendment.--Clause (ii) of section
2032A(c)(7)(A) of such Code is amended by striking ``10-year''
and inserting ``5-year''.
(d) Certain Rents From Controlled Entities Treated as Qualified.--
Subparagraph (E) of section 2032A(c)(7) of such Code is amended by
inserting ``(or to an entity more than 50 percent (by vote and value)
of the equity interests in which are owned directly by members of such
family)'' after ``descendant''.
(e) Repeal of Use of Gross Cash Rental of Comparable Land in
Valuing Farms.--
(1) In general.--Subparagraphs (A) and (B) of section
2032A(e)(7) of such Code (relating to method of valuing farms)
are amended to read as follows:
``(A) In general.--The value of a farm for farming
purposes shall be determined by dividing--
``(i) the excess of the average annual net
share rental for comparable land used for
farming purposes and located in the locality of
such farm over the average annual State and
local real estate taxes for such comparable
land, by
``(ii) the average annual effective
interest rate for all new Federal Land Bank
loans.
For purposes of the preceding sentence, the average
annual net share rental computation shall be made on
the basis of the 5 most recent calendar years ending
before the date of the decedent's death.
``(B) Net share rental.--For purposes of this
paragraph, the term `net share rental' means the excess
of--
``(i) the value of the produce received by
the lessor of the land on which such produce is
grown, over
``(ii) the cash operating expenses of
growing such produce which, under the lease,
are paid by the lessor.''.
(2) Conforming amendment.--Subparagraph (C) of section
2032A(e)(7) of such Code is amended by striking ``that there is
no comparable land from which the average annual gross cash
rental may be determined, and''.
(f) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 3. WOODLANDS SUBJECT TO MANAGEMENT PLAN.
(a) In General.--Paragraph (2) of section 2032A(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(F) Exception for woodlands subject to management
plan.--Subparagraph (E) shall not apply to any
disposition or severance of standing timber on a
qualified woodland if the harvest is--
``(i) consistent with a written forest
management plan developed under the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C.
2103a), or an equivalent plan approved by the
State Forester,
``(ii) conducted under the guidance of a
qualified forestry professional (as determined
by the Secretary in consultation with the
United States Forest Service), or
``(iii) conducted on lands certified to a
third-party audited forest certification system
or similar land management protocol, as
determined by the United States Forest
Service.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to the disposition or severance of standing timber after the date
of the enactment of this Act. | Farmers and Ranchers Minimizing Estate Regulations Act of 2013 or the FARMER Act of 2013 - Amends the Internal Revenue Code, with respect to the special use valuation of farms and other property used in a trade or business for estate tax purposes, to: (1) increase to $2 million the allowable reduction in the fair market value of such property for valuation purposes, (2) reduce the required holding period for such property for eligibility and recapture purposes, (3) allow rentals of such property by controlled entities to qualify as a special use, (4) repeal the requirement to use the gross cash rental method for valuing such property, and (5) exempt woodlands subject to a management plan from the additional tax for early dispositions of such property and for failure to comply with special use requirements. | {"src": "billsum_train", "title": "FARMER Act of 2013"} | 1,306 | 165 | 0.537983 | 1.544256 | 0.678777 | 1.545455 | 7.279221 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications Commission
Collaboration Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Commissioners of the Federal Communications Commission
(in this section referred to as the ``Commission''), past and
present, have stated that, while they support the intent of
section 552b of title 5, United States Code, the implementation
of that section has hindered the ability of the Commission to
have a substantive exchange of ideas and hold collective
deliberations on issues pending before the Commission.
(2) The principal purpose of Congress in creating a
multimember agency is to obtain the benefits of collegial
decisionmaking by the members of the agency, who bring to the
decisionmaking process different philosophical perspectives,
experiences, and areas of expertise.
(3) Commissioners have relied primarily on an inefficient
combination of written messages, communications among staff,
and a series of meetings restricted to 2 Commissioners at each
such meeting to discuss complex telecommunications matters
pending before the Commission.
(4) Extensive use of such methods of communication has
harmed collegiality and cooperation at the Commission.
(5) Numerous regulatory matters have been pending before
the Commission for years, and continued inaction on these
issues has the potential to hinder innovation and private
investment in the domestic communications industry.
(6) The Commission must be able to work more
collaboratively and efficiently than in the past to meet the
current challenge of expanding broadband Internet access to the
extent necessary to serve the business, educational, health,
and cultural needs of all people in the United States.
SEC. 3. NONPUBLIC COLLABORATIVE DISCUSSIONS OF THE FEDERAL
COMMUNICATIONS COMMISSION.
Section 4 of the Communications Act of 1934 (47 U.S.C. 154) is
amended by adding at the end the following:
``(p) Nonpublic Collaborative Discussions.--
``(1) In general.--Notwithstanding section 552b of title 5,
United States Code, a bipartisan majority of Commissioners may
hold a meeting that is closed to the public to discuss official
business if--
``(A) a vote or any other agency action is not
taken at such meeting;
``(B) each person present at such meeting is a
Commissioner, an employee of the Commission, a member
of a joint board or conference established under
section 410, or a person on the staff of such a joint
board or conference or of a member of such a joint
board or conference; and
``(C) an attorney from the Office of General
Counsel of the Commission is present at such meeting.
``(2) Disclosure of nonpublic collaborative discussions.--
Not later than 2 business days after the conclusion of a
meeting held under paragraph (1), the Commission shall publish
a disclosure of such meeting, including--
``(A) a list of the persons who attended such
meeting; and
``(B) a summary of the matters discussed at such
meeting, except for such matters as the Commission
determines may be withheld under section 552b(c) of
title 5, United States Code.
``(3) Preservation of open meetings requirements for agency
action.--Nothing in this subsection shall limit the
applicability of section 552b of title 5, United States Code,
with respect to a meeting of Commissioners other than that
described in paragraph (1).
``(4) Definitions.--In this subsection:
``(A) Agency action.--The term `agency action' has
the meaning given such term in section 551 of title 5,
United States Code.
``(B) Bipartisan majority.--The term `bipartisan
majority' means, when used with respect to a group of
Commissioners, that such group--
``(i) is a group of 3 or more
Commissioners; and
``(ii) includes, for each political party
of which any Commissioner is a member, at least
1 Commissioner who is a member of such
political party, and, if any Commissioner has
no political party affiliation, at least one
unaffiliated Commissioner.''. | Federal Communications Commission Collaboration Act of 2015 Amends the Communications Act of 1934 to allow a bipartisan majority of Commissioners of the Federal Communications Commission (FCC), notwithstanding a specified open meeting provision, to hold a meeting that is closed to the public to discuss official business if: (1) no agency action is taken, (2) each person present is an FCC Commissioner or employee or a member or person on the staff of a joint board or conference to which the FCC has referred a matter, and (3) an attorney from the FCC's Office of General Counsel is present. Defines "bipartisan majority" as a group of at least three Commissioners that includes: (1) for each political party of which any Commissioner is a member, at least one Commissioner who is a member of such political party; and (2) if any Commissioner has no political party affiliation, at least one unaffiliated Commissioner. Requires public disclosure of the meeting, attendees, and matters discussed. | {"src": "billsum_train", "title": "Federal Communications Commission Collaboration Act of 2015"} | 908 | 218 | 0.604726 | 1.815995 | 0.927588 | 3.806283 | 4.408377 | 0.895288 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Hours after the attacks on Pearl Harbor, Hawaii,
Imperial Japanese forces launched an attack on the Philippines,
cutting off vital lines of communication to members of the
Armed Forces of the United States (referred to in this Act as
the ``Armed Forces'') and Filipino troops in the Far East under
the command of General Douglas MacArthur.
(2) On December 8, 1941, the 200th Coast Artillery
Regiment, successors to the New Mexico National Guardsmen who
made up part of the famed ``Rough Riders'' of the Spanish-
American War, were the ``first to fire''.
(3) Despite being cut off from supply lines and
reinforcements, members of the Armed Forces and Philippine
troops quickly executed a plan to delay the Japanese invasion
and defend the Philippines against that invasion.
(4) By April 1942, troops from the United States and the
Philippines had bravely and staunchly fought off enemy attacks
in Bataan for more than 4 months under strenuous conditions
that resulted in widespread starvation and disease.
(5) By maintaining their position and engaging the enemy
for as long as they did, the troops at Bataan were able to
change the momentum of the war, delaying the Japanese timetable
to take control of the Southeast Pacific for needed war
materials. Because of the heroic actions of the defenders of
Bataan, members of the Armed Forces and other Allied forces
throughout the Pacific had time to regroup and prepare for the
successful liberation of the Pacific and the Philippines.
(6) On April 9, 1942, Major General Edward King, whose
troops suffered from starvation and a lack of supplies,
surrendered the soldiers from the United States and the
Philippines into enemy hands.
(7) Over the next week, troops from the Armed Forces and
the Philippines were taken prisoner and forced to march 65
miles without any food, water, or medical care in what came to
be known as the ``Bataan Death March''.
(8) During this forced march, thousands of soldiers died,
either from starvation, lack of medical care, sheer exhaustion,
or abuse by their captors.
(9) Conditions at the prisoner of war camps were appalling,
leading to increased disease and malnutrition among the
prisoners.
(10) The prisoners at Camp O'Donnell died at a rate of
nearly 400 per day because of the poor conditions of the camp.
(11) On June 6, 1942, the prisoners at Camp O'Donnell were
transferred to Camp Cabanatuan, north of Camp O'Donnell.
(12) Nearly 26,000 of the 50,000 Filipino prisoners of war
died at Camp O'Donnell and survivors were gradually paroled
from September through December 1942.
(13) Between September of 1942 and December of 1944,
prisoners of war from the Armed Forces who had survived the
horrific death march were shipped north for forced labor aboard
``hell ships'' and succumbed in great numbers because of the
abysmal conditions. Many of those ships were mistakenly
targeted by Allied naval forces because the Japanese military
convoys were not properly labeled as carrying prisoners of war.
The sinking of the Arisan Maru alone claimed nearly 1,800 lives
of members of the Armed Forces.
(14) The prisoners who remained in the camps suffered from
continued mistreatment, malnutrition, lack of medical care, and
horrific conditions until they were liberated in 1945.
(15) The veterans of Bataan represented the best of the
United States and the Philippines, hailed from various locales
across both countries, and represented true diversity.
(16) Over the subsequent decades, the veterans of Bataan
formed support groups, were honored in local and State
memorials, and told their stories to all people of the United
States.
(17) The United States Navy has continued to honor the
history and stories of the veterans of Bataan by naming 2 ships
after the battle, including 1 ship that is still in service,
the USS Bataan (LHD-5), in memory of their valor and honorable
resistance against Imperial Japanese forces.
(18) Many of the survivors of Bataan have died and those
who remain continue to tell their stories.
(19) The people of the United States and the Philippines
are forever indebted to these men for--
(A) the courage and tenacity they demonstrated
during the first 4 months of World War II fighting
against enemy soldiers; and
(B) the perseverance they demonstrated during 3
years of capture, imprisonment, and atrocious
conditions, while maintaining dignity, honor,
patriotism, and loyalty.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the collective award, on behalf of Congress, of a gold
medal of appropriate design to the troops from the United States and
the Philippines who defended Bataan and were subsequently prisoners of
war, in recognition of their personal sacrifice and service during
World War II.
(b) Design and Striking.--For purposes of the award under
subsection (a), the Secretary of the Treasury (referred to in this Act
as the ``Secretary'') shall strike the gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal
under subsection (a) in honor of the prisoners of war at Bataan
and the the troops from the United States and the Philippines
who defended Bataan, the gold medal shall be given to the
Smithsonian Institution, where it shall be displayed as
appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display at other locations,
particularly at locations that are associated with the
prisoners of war at Bataan and the troops from the United
States and the Philippines who defended Bataan.
SEC. 3. DUPLICATE MEDALS.
(a) Striking of Duplicates.--Under such regulations as the
Secretary may prescribe, the Secretary may strike duplicates in bronze
of the gold medal struck under section 2.
(b) Selling of Duplicates.--The Secretary may sell such duplicates
under subsection (a) at a price sufficient to cover the costs of such
duplicates, including labor, materials, dies, use of machinery, and
overhead expenses.
(c) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under subsection (b) shall be deposited in the United
States Mint Public Enterprise Fund.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--Medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be charged against the United States Mint
Public Enterprise Fund, an amount not to exceed $30,000 to pay for the
cost of the medal authorized under section 2. | This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the collective award of a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan, Philippines, and were subsequently prisoners of war in recognition of their personal sacrifice and service during World War II. The medal shall be displayed at the Smithsonian Institution, which is urged to make the medal available for display at other locations associated with such troops. | {"src": "billsum_train", "title": "A bill to grant the Congressional Gold Medal to the troops who defended Bataan during World War II."} | 1,600 | 107 | 0.38056 | 1.036424 | 0.03894 | 4.569892 | 15.784946 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian Educational Empowerment Act
of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Haiti is the poorest country in the Western Hemisphere.
(2) Eighty percent of the population lives below the
poverty line and approximately 45 percent of the population is
illiterate.
(3) On January 12, 2010, a 7.0 magnitude earthquake struck
the country of Haiti.
(4) The earthquake caused massive devastation across Haiti,
destroying government buildings, hospitals, schools, and vital
aid offices including the headquarters of the United Nations
mission to Haiti.
(5) An estimated 3,000,000 people have been directly
affected by the earthquake in Haiti, nearly one-third of the
country's population, and many are currently at risk of long-
term displacement and vulnerability.
(6) Many universities suffered significant structural
damage, including the State University of Haiti, the nation's
main public university, which had 80 percent of its buildings
destroyed.
(7) The earthquake claimed the lives of many students and
several prominent academics.
(8) Before the earthquake, at least 85 percent of Haitians
with a university degree left the island.
(9) A more highly educated population is vital to Haiti's
long-term development.
SEC. 3. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR CERTAIN HAITIAN
STUDENTS.
(a) In General.--From the amounts appropriated to carry out this
section, the Secretary of State, acting through the Assistant Secretary
of State for Educational and Cultural Affairs, shall establish a
scholarship program for Haitian students whose studies were interrupted
as a result of the January 12, 2010, earthquake.
(b) Eligibility.--To be eligible to receive a scholarship under
this section, a Haitian undergraduate or graduate student shall--
(1) have been enrolled as a full-time student in a Haitian
university at the time of the January 12, 2010, earthquake; and
(2) submit to the Assistant Secretary of State for
Educational and Cultural Affairs an application at such time,
in such manner, and containing such information as the
Assistant Secretary may require.
(c) Duration.--A scholarship under this section shall be awarded to
a Haitian student for 1 academic year and may be renewed in accordance
with subsection (d).
(d) Renewal.--
(1) In general.--A scholarship awarded under this section
may be renewed for an additional academic year upon
demonstration to the Secretary of State of satisfactory
academic achievement in the prior academic year.
(2) Maximum renewals.--A scholarship awarded under this
section may not be renewed for more than 6 academic years.
(e) Preference.--Preference in the awarding of scholarships shall
be given to the following categories of Haitian students:
(1) Haitian students who are studying subjects of
importance to Haiti's long-term social, economic, or political
development.
(2) Haitian students who were enrolled in programs that
were forced to cease operations as a result of the January 12,
2010, earthquake.
(f) Return.--Upon completion of an undergraduate or graduate degree
at an institution of higher education, a Haitian student who has
received a scholarship under this section shall return to Haiti.
(g) Scholarship Defined.--In this section, the term ``scholarship''
means an amount awarded to a Haitian student under this section that
shall only be used to pay costs related to the tuition and fees at the
institution of higher education in which the student is enrolled as a
full-time student.
(h) Scholarship Amount.--A scholarship awarded to a Haitian student
under this section may not exceed an amount equal to the total costs
related to the tuition and fees for 1 academic year at an institution
of higher education in which the student is enrolled as a full-time
student.
SEC. 4. GRANTS TO UNITED STATES COLLEGES AND UNIVERSITIES.
The Secretary of State, acting through the Assistant Secretary of
State for Educational and Cultural Affairs, may make grants to
institutions of higher education that have enrolled a significant
number of Haitian students who have been enrolled as full-time students
in a Haitian university at the time of the January 12, 2010,
earthquake. Such grants shall be used to provide social and educational
support services to such students.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Fees.--The term ``fees'' means--
(A) fees normally assessed a full-time student, as
determined by an institution of higher education,
including--
(i) costs for the rental or purchase of any
equipment, materials, or supplies required of
all students in the same course of study; and
(ii) an allowance for room and board at the
institution; and
(B) travel expenses to the institution from Haiti
and, upon the completion of a degree at such
institution, from the institution to Haiti.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001). | Haitian Educational Empowerment Act of 2010 - Directs the Secretary of State, through the Assistant Secretary of State for Educational and Cultural Affairs, to establish a scholarship program for qualifying Haitian undergraduate or graduate students whose studies were interrupted as a result of the January 12, 2010, earthquake. | {"src": "billsum_train", "title": "To establish a scholarship program in the Department of State for Haitian students whose studies were interrupted as a result of the January 12, 2010, earthquake, and for other purposes."} | 1,108 | 61 | 0.6028 | 1.600698 | 1.240044 | 6.018868 | 19.886792 | 0.962264 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telemarketing Intrusive Practices
Act of 2001''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Caller identification service or device.--The term
``caller identification service or device'' means a telephone
service or device that permits a consumer to see the telephone
number of an incoming call.
(2) Chairman.--The term ``Chairman'' means the Chairman of
the Federal Trade Commission.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Consumer.--The term ``consumer'' means an individual
who is an actual or prospective purchaser, lessee, or recipient
of consumer goods or services.
(5) Consumer goods or services.--The term ``consumer good
or service'' means an article or service that is purchased,
leased, exchanged, or received primarily for personal, family,
or household purposes, including stocks, bonds, mutual funds,
annuities, and other financial products.
(6) Marketing or sales solicitation.--
(A) In general.--The term ``marketing or sales
solicitation'' means the initiation of a telephone call
or message to encourage the purchase of, rental of, or
investment in, property, goods, or services, that is
transmitted to a person.
(B) Exception.--The term does not include a call or
message--
(i) to a person with the prior express
invitation or permission of that person;
(ii) by a tax-exempt nonprofit
organization;
(iii) on behalf of a political candidate or
political party; or
(iv) to promote the success or defeat of a
referendum question.
(7) State.--The term ``State'' means each of the several
States of the United States and the District of Columbia.
(8) Telephone sales call.--
(A) In general.--The term ``telephone sales call''
means a call made by a telephone solicitor to a
consumer for the purpose of--
(i) engaging in a marketing or sales
solicitation;
(ii) soliciting an extension of credit for
consumer goods or services; or
(iii) obtaining information that will or
may be used for the direct marketing or sales
solicitation or exchange of or extension of
credit for consumer goods or services.
(B) Exception.--The term does not include a call
made--
(i) in response to an express request of
the person called; or
(ii) primarily in connection with an
existing debt or contract, payment, or
performance that has not been completed at the
time of the call.
(9) Telephone solicitor.--The term ``telephone solicitor''
means an individual, association, corporation, partnership,
limited partnership, limited liability company or other
business entity, or a subsidiary or affiliate thereof, that
does business in the United States and makes or causes to be
made a telephone sales call.
SEC. 3. FEDERAL TRADE COMMISSION NO CALL LIST.
(a) In General.--The Commission shall--
(1) establish and maintain a list for each State, of
consumers who request not to receive telephone sales calls; and
(2) provide notice to consumers of the establishment of the
lists.
(b) State Contract.--The Commission may contract with a State to
establish and maintain the lists.
(c) Private Contract.--The Commission may contract with a private
vendor to establish and maintain the lists if the private vendor has
maintained a national listing of consumers who request not to receive
telephone sales calls, for not less than 2 years, or is otherwise
determined by the Commission to be qualified.
(d) Consumer Responsibility.--
(1) Inclusion on list.--Except as provided in subsection
(d)(2), a consumer who wishes to be included on a list
established under subsection (a) shall notify the Commission in
such manner as the Chairman may prescribe to maximize the
consumer's opportunity to be included on that list.
(2) Deletion from list.--Information about a consumer shall
be deleted from a list upon the written request of the
consumer.
(e) Update.--The Commission shall--
(1) update the lists maintained by the Commission not less
than quarterly with information the Commission receives from
consumers; and
(2) annually request a no call list from each State that
maintains a no call list and update the lists maintained by the
Commission at that time to ensure that the lists maintained by
the Commission contain the same information contained in the no
call lists maintained by individual States.
(f) Fees.--The Commission may charge a reasonable fee for providing
a list.
(g) Availability.--
(1) In general.--The Commission shall make a list available
only to a telephone solicitor.
(2) Format.--The list shall be made available in printed or
electronic format, or both, at the discretion of the Chairman.
SEC. 4. TELEPHONE SOLICITOR NO CALL LIST.
(a) In General.--A telephone solicitor shall maintain a list of
consumers who request not to receive telephone sales calls from that
particular telephone solicitor.
(b) Procedure.--If a consumer receives a telephone sales call and
requests to be placed on the do not call list of that telephone
solicitor, the solicitor shall--
(1) place the consumer on the no call list of the
solicitor; and
(2) provide the consumer with a confirmation number which
shall provide confirmation of the request of the consumer to be
placed on the no call list of that telephone solicitor.
SEC. 5. TELEPHONE SOLICITATIONS.
(a) Telephone Sales Call.--A telephone solicitor may not make or
cause to be made a telephone sales call to a consumer--
(1) if the name and telephone number of the consumer appear
in the then current quarterly lists made available by the
Commission under section 3;
(2) if the consumer previously requested to be placed on
the do not call list of the telephone solicitor pursuant to
section 4;
(3) to be received between the hours of nine o'clock p.m.
and nine o'clock a.m. and between five o'clock p.m. and seven
o'clock p.m., local time, at the location of the consumer;
(4) in the form of an electronically transmitted facsimile;
or
(5) by use of an automated dialing or recorded message
device.
(b) Caller Identification Device.--A telephone solicitor shall not
knowingly use any method to block or otherwise circumvent the use of a
caller identification service or device by a consumer.
(c) Sale of Consumer Information to Telephone Solicitors.--
(1) In general.--A person who obtains the name, residential
address, or telephone number of a consumer from a published
telephone directory or from any other source and republishes or
compiles that information, electronically or otherwise, and
sells or offers to sell that publication or compilation to a
telephone solicitor for marketing or sales solicitation
purposes, shall exclude from that publication or compilation,
and from the database used to prepare that publication or
compilation, the name, address, and telephone number of a
consumer if the name and telephone number of the consumer
appear in the then current quarterly list made available by the
Commission under section 3.
(2) Exception.--This subsection does not apply to a
publisher of a telephone directory when a consumer is called
for the sole purpose of compiling, publishing, or distributing
a telephone directory intended for use by the general public.
SEC. 6. REGULATIONS.
The Chairman may adopt regulations to carry out this Act that shall
include--
(1) provisions governing the availability and distribution
of the lists established under section 3;
(2) notice requirements for a consumer who requests to be
included on the lists established under section 3; and
(3) a schedule for the payment of fees to be paid by a
person who requests a list made available under section 3.
SEC. 7. CIVIL CAUSE OF ACTION.
(a) Action by Commission.--
(1) Unfair or deceptive trade practice.--A violation of
section 4 or 5 is an unfair or deceptive trade practice under
section 5 of the Federal Trade Commission Act (15 U.S.C. 45).
(2) Cumulative damages.--In a civil action brought by the
Commission under section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) to recover damages arising from more than one
alleged violation, the damages shall be cumulative.
(b) Private Right of Action.--
(1) In general.--A person or entity may, if otherwise
permitted by the laws or the rules of court of a State, bring
in an appropriate court of that State--
(A) an action based on a violation of section 4, 5,
or 6 to enjoin the violation;
(B) an action to recover for actual monetary loss
from a violation of section 4, 5, or 6, or to receive
$500 in damages for each violation, whichever is
greater; or
(C) an action under paragraphs (1) and (2).
(2) Willful violation.--If the court finds that the
defendant willfully or knowingly violated section 4, 5, or 6,
the court may, in the discretion of the court, increase the
amount of the award to an amount equal to not more than 3 times
the amount available under paragraph (1)(B) of this subsection
and to include reasonable attorney's fees.
SEC. 8. EFFECT ON STATE LAW.
Nothing in this Act shall be construed to prohibit a State from
enacting or enforcing more stringent legislation in the regulation of
telephone solicitors.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as necessary to
carry out the provisions of this Act. | Telemarketing Intrusive Practices Act of 2001 - Directs the Federal Trade Commission to: (1) establish, maintain, and periodically update for each State a list of consumers who request not to receive telephone sales calls; and (2) notify consumers of the establishment of the lists.Makes the consumer responsible for requesting the Commission to be included on such list.Mandates: (1) deletion of consumer information from such list upon consumer request; and (2) maintenance of a no call list by a telephone solicitor.Prohibits telephone solicitations to a consumer: (1) who has previously requested inclusion in the solicitor's no-call list; (2) who is included in the then current quarterly lists made available by the Commission; and (3) between specified evening hours.Provides for a civil cause of action by the Commission, and a private right of action by a person or entity, for violations of this Act. | {"src": "billsum_train", "title": "A bill to require the Federal Trade Commission to establish a list of consumers who request not to receive telephone sales calls."} | 2,151 | 190 | 0.558655 | 1.699741 | 0.710473 | 3.318436 | 11.044693 | 0.938547 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Mortgage Lender Regulatory
Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Responsible community mortgage lenders engaged in
traditional mortgage lending were not responsible for the
recent mortgage crisis.
(2) Responsible community mortgage lenders provide a
valuable and critical service to consumers by, among other
things, fulfilling the housing finance needs of the communities
they serve and providing locally based alternative sources for
mortgage financing.
(3) The activities and business practices of responsible
community mortgage lenders do not pose a substantial risk to
consumers, and did not pose a substantial risk to consumers
when the Dodd-Frank Wall Street Reform and Consumer Protection
Act was enacted.
(4) Responsible community mortgage lenders are subject to
the oversight and control of various governmental authorities
and nongovernmental actors, including the Bureau of Consumer
Financial Protection, the Department of Housing and Urban
Development, the Federal Trade Commission, State supervisory
regulators, local government supervisory regulators, mortgage
loan investors, warehouse lenders, and various other
authorities or entities. As a result of this oversight and
control, the business practices and activities of responsible
community mortgage lenders are safe, transparent to the public
and the government, and do not pose a threat to consumers, the
public at large, the United States financial markets, or the
United States economy in general.
(5) Responsible community mortgage lenders are unreasonably
burdened by increasing regulation geared to problems that they
did not create and activities that they did not and do not
engage in, and therefore responsible community mortgage lenders
are entitled to relief from certain provisions of the Dodd-
Frank Wall Street Reform and Consumer Protection Act and its
attendant regulations, including the regulations of the Bureau
of Consumer Financial Protection.
(6) Without relief many responsible community mortgage
lenders will be driven from the market thus limiting the
consumer's ability to choose a local lender for mortgage
financing and dangerously consolidating the mortgage lending
market into a smaller number of lenders.
(7) The preservation of responsible community mortgage
lenders is critical to preserving competition and preventing
increasing concentration in mortgage lending.
(8) The Bureau of Consumer Financial Protection should
prioritize its resources and ability to carry out examinations
by creating reasonable exclusions for smaller, responsible
mortgage lenders.
SEC. 3. DEFINITIONS.
(a) In General.--Section 1002 of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5481) is amended by adding at the end the
following:
``(30) Community mortgage lender.--The term `community
mortgage lender' means a lender--
``(A) who--
``(i) in the case of a depository
institution or credit union--
``(I) has assets of less than
$2,000,000,000; and
``(II) originated fewer than 25,000
mortgage loans in the preceding
calendar year or originated a gross
mortgage loan origination volume of
less than $5,000,000,000 in the
preceding calendar year; or
``(ii) in the case of a person other than a
depository institution--
``(I) has net worth of less than
$50,000,000; and
``(II) originated fewer than 25,000
mortgage loans in the preceding
calendar year or originated a gross
mortgage loan origination volume of
less than $5,000,000,000 in the
preceding calendar year; and
``(B) had mortgage loan originations in the
preceding three calendar years that consisted of 95
percent qualified mortgages when measured by either--
``(i) the number of mortgage loans
originated; or
``(ii) the dollar volume of mortgage loans
originated.
``(31) Responsible community mortgage lender.--The term
`responsible community mortgage lender' means a community
mortgage lender who has not been found by a court of competent
jurisdiction to have violated the law, or been subject to a
cease and desist order, relating to its mortgage loan
originations--
``(A) during the preceding two years; or
``(B) since such person began originating mortgage
loans, if such period is less than two years.
``(32) Mortgage loan.--The term `mortgage loan' means a
loan secured by a first lien on a 1-4 unit family residence.
``(33) Qualified mortgage.--The term `qualified mortgage'--
``(A) has the meaning given that term under section
129C(b)(2) of the Truth in Lending Act; and
``(B) includes loans insured, guaranteed, or
administered by--
``(i) the Department of Housing and Urban
Development, with regard to mortgages insured
under the National Housing Act (12 U.S.C. 1707
et seq.);
``(ii) the Department of Veterans Affairs,
with regard to a loan made or guaranteed by the
Secretary of Veterans Affairs;
``(iii) the Department of Agriculture, with
regard to loans guaranteed by the Secretary of
Agriculture pursuant to section 502(h) of the
Housing Act of 1949 (42 U.S.C. 1472(h)); and
``(iv) the Rural Housing Service, with
regard to loans insured by the Rural Housing
Service.''.
(b) Treatment of the Qualified Mortgage Requirement During Calendar
Year 2016.--For purposes of computing mortgage loan originations under
section 1002(30)(B) of the Consumer Financial Protection Act of 2010
during calendar year 2016, such computation shall be based only on the
preceding two calendar years instead of the preceding three calendar
years.
SEC. 4. PRIORITIZATION OF BUREAU EXAMINATION AND ENFORCEMENT AUTHORITY
RESOURCES.
(a) In General.--The Consumer Financial Protection Act of 2010 (12
U.S.C. 5481 et seq.) is amended by inserting after section 1031 the
following:
``SEC. 1031A. EXCLUSION RELATING TO RESPONSIBLE COMMUNITY MORTGAGE
LENDERS.
``(a) Limitations of Examination of Responsible Community Mortgage
Lenders.--Except as permitted in subsection (b), the Bureau may not
conduct any audit, examination, or investigation of, or take an
enforcement against, a responsible community mortgage lender.
``(b) Referrals by Other Agencies.--The Bureau may conduct an
audit, examination, or investigation of, or take an enforcement action
against, a responsible community mortgage lender if requested by--
``(1) a State or local regulator;
``(2) a Federal department or agency that guarantees
mortgage loans originated, held, or serviced by such lender;
``(3) the Federal Housing Finance Agency or entities
supervised by such Agency; or
``(4) any other Federal department or agency that exercises
supervisory authority over such lender.
``(c) Rule of Construction.--Nothing in this section shall be
construed as modifying, limiting, or superseding the operation of any
provision of Federal or State law, or otherwise affecting the authority
of any Federal or State department or agency other than the Bureau.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act is
amended by inserting after the item relating to section 1031 the
following:
``Sec. 1031A. Exclusion relating to responsible community mortgage
lenders.''.
SEC. 5. STREAMLINED VENDOR AUDITS.
(a) In General.--The Consumer Financial Protection Act of 2010 (12
U.S.C. 5481 et seq.), as amended by section 4(a), is further amended by
inserting after section 1031A the following:
``SEC. 1031B. VENDOR AUDIT REQUIREMENTS RELATING TO RESPONSIBLE
COMMUNITY MORTGAGE LENDERS.
``(a) Vendor Audits.--The Bureau and the appropriate Federal
banking agencies may only require a responsible community mortgage
lender to perform an audit of a vendor or third-party contractor of the
lender if the Bureau or the appropriate Federal banking agency, as
applicable, has reasonable cause to believe that such vendor or third-
party contractor is performing services for the lender in a manner that
is causing the lender to violate the law.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as
amended by section 4(b), is further amended by inserting after the item
relating to section 1031A the following:
``Sec. 1031B. Vendor audit requirements relating to responsible
community mortgage lenders.''. | Community Mortgage Lender Regulatory Act of 2016 This bill amends the Consumer Financial Protection Act of 2010 to prohibit the Consumer Financial Protection Bureau (CFPB) from auditing, investigating, or taking an enforcement action against a responsible community mortgage lender unless requested to do so by one of several specified regulators or agencies. A "responsible community mortgage lender" is one that: (1) meets certain restrictions with respect to number and volume of mortgage loan originations and amount of either assets or net worth; and (2) has not, with respect to its mortgage loan originations and within a specified time frame, been subject to a cease and desist order or found by a court to have violated the law. Furthermore, the CFPB and other federal banking agencies are prohibited from requiring such a lender to audit one of its vendors or third-party contractors unless the CFPB or other agency has reasonable cause to believe that the vendor or contractor is causing the lender to violate the law. The bill also revises the methodology for calculating mortgage loan originations with respect to the qualified mortgage requirement in 2016. | {"src": "billsum_train", "title": "Community Mortgage Lender Regulatory Act of 2016"} | 1,933 | 283 | 0.480769 | 1.605828 | 0.735515 | 2.279188 | 8.690355 | 0.786802 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Incentives for Nuclear
Nonproliferation in India and China Act of 1999''.
SEC. 2. CONDITIONS FOR SUSPENSION OF SANCTIONS.
(a) Suspension of Sanctions With Respect to China.--
(1) Authority to suspend sanctions.--Subject to section 3
of this Act, in addition to the requirements set forth in
section 902(a) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (22 U.S.C. 2151 note), for lifting
the sanctions imposed on the People's Republic of China under
that section, the President may suspend, for periods of 1 year
each, any of the sanctions imposed under that section only if
that country has met the requirements of paragraph (2) and the
President certifies to the Congress that the People's Republic
of China is making progress in achieving the goals set forth in
paragraph (3).
(2) Requirements.--The requirements referred to in
paragraph (1) are the following:
(A) Becoming a participant in, and controlling
missile equipment and technology in accordance with the
criteria and standards set forth in, the Missile
Technology Control Regime.
(B) Refraining from exporting any nuclear weapons
or technology or any biological or chemical weapons.
(C) Becoming a member of the Nuclear Suppliers'
Group.
(3) Goals.--The goals referred to in paragraph (1) are the
following:
(A) Providing for comprehensive cultural and
educational exchange between among India and the
People's Republic of China.
(B) Developing and institutionalizing a framework
for talks to end disputes between India and the
People's Republic of China.
(C) Reinforcing actions to increase trade relations
between India and the People's Republic of China.
(b) Suspension of Sanctions With Respect to India.--
(1) Authority to suspend sanctions.--The President may
suspend, for periods of 1 year each, any of the sanctions
imposed under section 102(b) of the Arms Export Control Act (22
U.S.C. 2799-1(b)(A) on India if India has met the requirements
of paragraph (2) and the President certifies to the Congress
that India is making progress in achieving the goals set forth
in paragraph (3). The authority under this paragraph to suspend
sanctions shall take effect upon the expiration of the
suspension by the President, under section 902 of the India-
Pakistan Relief Act of 1998, of sanctions with respect to
India.
(2) Requirements.--The requirements referred to in
paragraph (1) are the following:
(A) Signing the Comprehensive Test Ban Treaty.
(B) Reducing the development of nuclear weapons
by--
(i) freezing stockpiles of nuclear weapons;
(ii) halting production of fissile material
(highly enriched uranium and plutonium
processed for use in weapons) and participating
in talks to conclude the Fissile Material Cut-
off Treaty; and
(iii) agreeing not to place nuclear
warheads and weapons of mass destruction on
missile systems, and agreeing not to have
nuclear warheads on alert status or deploy or
test ballistic missiles.
(C) Refraining from exporting any nuclear weapons
or technology.
(D) Becoming a member of the Nuclear Suppliers'
Group.
(3) Goals.--The goals referred to in paragraph (1) are the
following:
(A) Signing the Treaty on the Non-Proliferation on
Nuclear Weapons.
(B) Cooperating fully with the United States on
activities to fight international terrorism and
narcotics trafficking.
(C) Providing for comprehensive cultural and
educational exchange between India and the People's
Republic of China.
(D) Developing and institutionalizing a framework
for talks to end disputes between India and the
People's Republic of China.
(E) Reinforcing actions to increase trade relations
between India and the People's Republic of China.
(c) Additional Incentives.--In addition to suspending sanctions
under subsection (a), the President may take the following actions with
respect to India if that country has met the requirements of subsection
(b)(2):
(1) Taking actions to encourage United States businesses to
increase investment in that country as long as economic reforms
undertaken in that country continue, including--
(A) encouraging the Export-Import Bank of the
United States to offer financing at low interest rates
to United States businesses seeking to make investments
in that country;
(B) providing political risk insurance through the
Overseas Private Investment Corporation for United
States businesses seeking to invest in that country;
and
(C) making assistance available through the Trade
and Development Agency to United States businesses
seeking to invest in that country.
(2) Supporting financial assistance to that country by
international financial institutions.
(3) Authorizing the transfer of technology to that country
for civilian uses that will provide United States businesses
access to markets in India to provide the necessary knowledge,
processes, materials, and equipment to further economic
development in that country. Nothing in this paragraph
authorizes the transfer of technology that would assist in the
development of nuclear, chemical, or biological weapons, or the
transfer of missile or other military technology that would
contribute to regional instability.
SEC. 3. REMOVAL OF NATIONAL INTEREST WAIVER.
Upon the enactment of this Act, the President may not waive or
terminate any of the sanctions imposed on the People's Republic of
China under section 902(a) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 on the basis of the national interest of the
United States as set forth in section 902(b)(2) of that Act.
SEC. 4. TERMINATION OF SANCTIONS.
(a) With Respect to China.--If the President certifies to the
Congress that the People's Republic of China has met the requirements
of section 2(a)(2) and has achieved the goals set forth in section
2(a)(3), then the President may terminate the sanctions imposed on that
country under section 902(a) of the Foreign Relations Authorization
Act, fiscal Years 1990 and 1991.
(b) With Respect to India.--If the President certifies to the
Congress that India has signed the Treaty on the Non-Proliferation on
Nuclear Weapons, has met the rquirements of section 2(b)(2), and has
achieved the goals set forth in section 2(b)(3), then the President may
terminate the sanctions imposed on that country under section 102(b) of
the Arms Export Control Act.
(c) Reinstatement of Sanctions.--If at any time after sanctions are
suspended or terminated under this Act with respect to People's
Republic of China or India, that country ceases to meet the criteria
under this Act for such suspension or termination, then the President
shall reinstate the sanctions waived or terminated, as the case may be,
with respect to that country. | The Incentives for Nuclear Nonproliferation in India and China Act of 1999 - Authorizes the President to suspend, for a specified period, certain sanctions imposed on the People's Republic of China and India if such countries meet certain requirements and goals, including: (1) becoming a member of the Missile Technology Control Regime, the Nuclear Suppliers' Group, and the Comprehensive Test Ban Treaty; (2) refraining from exporting any nuclear weapons or technology or any biological or chemical weapons; (3) reducing the development of nuclear weapons; (4) providing for comprehensive cultural and educational exchange, including increasing trade, between India and China; (5) developing a framework for talks to end disputes between the two countries; and (6) cooperating with the United States on activities to fight international terrorism and narcotics trafficking.
Authorizes the President to waive such sanctions if it is in the national interest of the United States.
Authorizes the President to terminate such sanctions against China and India if the President certifies to Congress that they have met the requirements and goals contained in this Act. | {"src": "billsum_train", "title": "The Incentives for Nuclear Nonproliferation in India and China Act of 1999"} | 1,512 | 232 | 0.668193 | 2.009398 | 0.855296 | 3.415459 | 6.647343 | 0.922705 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Supply Construction Assistance
Act of 1993''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To provide grants for establishment of State revolving
funds for the purpose of providing financial and technical
assistance for the construction, rehabilitation, and
improvement of water supply systems, including treatment to
remove pollutants from navigable waters for the purpose of
making such waters useable by water supply systems.
(2) To provide for administrative efficiencies through
implementation of this Act relying on existing mechanisms of
State water pollution control revolving loan fund programs
established pursuant to title VI of the Federal Water Pollution
Control Act.
SEC. 3. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this Act shall be construed as affecting the
requirements of title XIV of the Public Health Service Act (42 U.S.C.
300f-300j-9), commonly referred to as the Safe Drinking Water Act.
SEC. 4. GRANTS TO STATES.
Subject to the provisions of this Act, the Administrator shall make
grants to each State for the purpose of establishing a water supply
construction account in the State water pollution control revolving
loan fund programs established pursuant to title VI of the Federal
Water Pollution Control Act, if any, to provide assistance for the
construction, rehabilitation, and improvement of water supply systems.
SEC. 5. GRANT AGREEMENTS.
(a) General Rule.--To receive a grant with funds made available
under this Act, a State shall enter into an agreement with the
Administrator which shall include, but not be limited to, the
specifications set forth in subsection (b) of this section.
(b) Specific Requirements.--The Administrator shall enter into an
agreement under this section with a State only after the State has
established to the satisfaction of the Administrator that--
(1) the State will accept grant payments with funds to be
made available under this Act and will deposit all such
payments in the water supply construction account established
by the State in accordance with this Act;
(2) if the State has a water pollution control revolving
fund established in accordance with title VI of the Federal
Water Pollution Control Act, the State will establish the water
supply construction account as a separate account in such fund;
(3) the State will deposit in the water supply construction
account from State moneys an amount equal to at least 20
percent of the total amount of all grants which will be made to
the State with funds to be made available under this Act on or
before the date on which each grant payment will be made to the
State under this Act;
(4) the State will enter into binding commitments to
provide assistance in accordance with the requirements of this
Act an amount equal to 120 percent of the amount of each such
grant payment within 1 year after the receipt of such grant
payment;
(5) the State will not make available any assistance from
the account unless the State has first determined that the
applicant--
(A) has adopted or will adopt a system of charges
to assure that each recipient of water supply services
within the applicant's jurisdiction will pay its
proportionate share of the cost of operation and
maintenance (including replacement) of any such
services provided by the applicant; and
(B) has legal, institutional, managerial, and
financial capability to ensure adequate construction,
operation, and maintenance of water supply systems
throughout the applicant's jurisdiction;
(6) the State will take such action as may be necessary to
ensure that, after construction, rehabilitation, and
improvement of a water supply system undertaken with funds
directly made available by grants under this Act, such system
will provide water supply services at the most economical cost;
(7) the State will take such action as may be necessary
with respect to construction, rehabilitation, and improvement
of a water supply system undertaken with funds directly made
available by grants under this Act as the Administrator is
required to take under section 513 of the Federal Water
Pollution Control Act with respect to treatment works carried
out with assistance provided under such Act; and
(8) the State will make annual reports to the Administrator
on the actual use of funds in accordance with section 606(d) of
the Federal Water Pollution Control Act.
SEC. 6. INCORPORATION OF FWPCA BY REFERENCE.
(a) General Rule.--The provisions of title VI of the Federal Water
Pollution Control Act shall apply as provided in this Act to accounts
established by States under this Act. For purposes of this Act, any
reference to the Federal Water Pollution Control Act and to any section
thereof shall be treated as a reference to such Act or section as in
effect on the date of the enactment of this Act.
(b) Types of Assistance.--Section 603(d) of the Federal Water
Pollution Control Act shall apply to accounts established by States
under this Act to the same extent and in the same manner as such
section applies to water pollution control revolving funds under such
Act; except that the percentage of grant awards available for
administrative expenses under paragraph (7) of such section shall be 5
percent instead of 4 percent.
(c) Corrective Action.--Section 605 of such Act shall apply to a
State's agreement with the Administrator under this Act and to
requirements of this Act to the same extent and in the same manner as
such section applies to a State's agreement under section 602 of such
Act and the requirements of title VI of such Act.
(d) Audits, Reports, and Fiscal Controls.--Subsections (a), (b),
(d), and (e) of section 606 of such Act shall apply to a State
establishing an account under this Act and to such account to the same
extent and in the same manner as such subsections apply to a State
establishing a water pollution control revolving fund under title VI of
such Act and to such fund.
SEC. 7. WATER SUPPLY CONSTRUCTION REVOLVING LOAN FUNDS.
(a) Requirements for Obligation of Grant Funds.--Before a State may
receive a grant with funds made available under this Act, the State
shall first establish a water supply construction account which
complies with the requirements of this Act.
(b) Administrator.--Each State water supply construction account
shall be administered by an instrumentality of the State with such
powers and limitations as may be required to operate such account in
accordance with the requirements and objectives of this Act.
(c) Projects Eligible for Assistance.--The amounts of funds
available to each State water supply construction account shall be used
only for providing financial assistance for construction,
rehabilitation, and improvement of a water supply system. The account
shall be established, maintained, and credited with repayments, and the
account balance shall be available in perpetuity for providing such
financial assistance.
(d) Types of Assistance.--In addition to the types of assistance
which may be made available under section 603(d) of the Federal Water
Pollution Control Act from a water supply construction account of a
State under this Act--
(1) such account may be used to provide technical
assistance with respect to construction, rehabilitation, and
improvement of water supply systems; and
(2) the interest derived from funds in such account or from
loans made from such account may be used by the State to make
grants to pay up to 50 percent of the cost of construction,
rehabilitation, and improvement of a water supply system.
SEC. 8. ALLOTMENT OF FUNDS.
(a) Fiscal Year 1994.--Sums authorized to be appropriated pursuant
to this Act for fiscal year 1994 shall be allotted for such year by the
Administrator not later than the 10th day which begins after the date
of the enactment of this Act. Sums authorized for such fiscal year
shall be allotted in accordance with the following table:
States:
Percentages:
Alabama............................................ 0.96
Alaska............................................. 2.38
Arizona............................................ 1.40
Arkansas........................................... 0.99
California......................................... 6.75
Colorado........................................... 1.33
Connecticut........................................ 1.77
Delaware........................................... 0.50
District of Columbia............................... 0.50
Florida............................................ 3.82
Georgia............................................ 2.13
Hawaii............................................. 0.50
Idaho.............................................. 0.98
Illinois........................................... 3.29
Indiana............................................ 2.04
Iowa............................................... 1.35
Kansas............................................. 1.12
Kentucky........................................... 0.90
Louisiana.......................................... 1.66
Maine.............................................. 0.99
Maryland........................................... 1.48
Massachusetts...................................... 1.11
Michigan........................................... 5.05
Minnesota.......................................... 3.51
Mississippi........................................ 1.33
Missouri........................................... 1.80
Montana............................................ 1.17
Nebraska........................................... 1.00
Nevada............................................. 0.70
New Hampshire...................................... 1.07
New Jersey......................................... 2.31
New Mexico......................................... 1.00
New York........................................... 5.35
North Carolina..................................... 3.94
North Dakota....................................... 0.53
Ohio............................................... 3.71
Oklahoma........................................... 1.43
Oregon............................................. 1.52
Pennsylvania....................................... 4.54
Rhode Island....................................... 0.50
South Carolina..................................... 1.23
South Dakota....................................... 0.63
Tennessee.......................................... 1.01
Texas.............................................. 5.95
Utah............................................... 0.73
Vermont............................................ 0.58
Virginia........................................... 2.44
Washington......................................... 2.64
West Virginia...................................... 0.96
Wisconsin.......................................... 3.66
Wyoming............................................ 0.62
American Samoa..................................... 0.09
Guam............................................... 0.07
Northern Marianas.................................. 0.04
Puerto Rico........................................ 0.62
Pacific Trust Territories.......................... 0.13
Virgin Islands..................................... 0.27.
(b) Fiscal Years 1995 and 1996.--Sums authorized to be appropriated
pursuant to this Act for each of fiscal years 1995 and 1996 shall be
allotted by the Administrator in accordance with the relative needs of
the States for construction, rehabilitation, and improvement of water
supply systems as determined by the Administrator, in consultation with
the States.
(c) Reservation of Funds for Indian Tribes.--Notwithstanding
subsections (a) and (b) of this section, the Administrator shall
reserve for each fiscal year not to exceed 1.5 percent of the amount
made available to carry out this Act for such fiscal year for the
purpose of making grants to Indian tribes for construction,
rehabilitation, and improvement of water supply systems.
(d) Allotment Period.--
(1) Period of availability for grant award.--Sums allotted
to a State under this section for a fiscal year shall be
available for obligation by the State during the fiscal year
for which sums are authorized and during the following fiscal
year; except that for sums allotted in fiscal year 1994, such
period of availability shall be fiscal years 1994-1996.
(2) Reallotment of unobligated funds.--The amount of any
allotment not obligated by the State by the last day of the
period of availability established by paragraph (1) shall be
immediately reallotted by the Administrator on the basis of the
same ratio as is applicable to sums allotted under this Act for
the second fiscal year of such period. None of the funds
reallotted by the Administrator shall be reallotted to any
State which has not obligated all sums allotted to such State
in the first fiscal year of such period.
SEC. 9. DETERMINATION OF PRIORITY.
Each State establishing a water supply construction account shall
determine the priority to be given projects for construction,
rehabilitation, and improvement of water supply systems within the
boundaries of the State taking into account the relative financial and
other needs for such construction, rehabilitation, and improvement.
SEC. 10. NEEDS SURVEY.
(a) In General.--The Administrator, in cooperation with the States,
shall make--
(1) a detailed estimate, biennially revised, of the cost of
needed construction, rehabilitation, and improvement of water
supply systems in all of the States and of the cost of needed
construction in each of the States; and
(2) a comprehensive study of the economic impact on
affected units of government of the cost of installation of
water supply systems and parts thereof.
(b) Submission to Congress.--The Administrator shall submit the
detailed estimate and the comprehensive study of costs under subsection
(a) to Congress no later than January 1, 1996, and January 1 of each
even-numbered year thereafter. The Administrator shall also submit
recommendations for allotment of funds under this Act to the States
based on such estimates and on such additional factors as the
Administrator deems appropriate, including financial need. Whenever the
Administrator, pursuant to this section, requests and receives an
estimate of cost from a State, the Administrator shall furnish copies
of such estimate together with such detailed estimate to Congress.
SEC. 11. BUY AMERICAN.
(a) Sense of Congress.--It is the sense of Congress that a
recipient of assistance under this Act should purchase American-made
equipment and products.
(b) Notice.--The Administrator shall provide to each recipient of
assistance under this Act a notice describing the sense of Congress set
forth in subsection (a).
SEC. 12. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning such term has under section 518 of the Federal Water
Pollution Control Act and includes Alaska Native Villages and
former Indian reservations in Oklahoma.
(3) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands.
(4) Water supply system.--The term ``water supply system''
means a system (owned by a governmental entity, a nonprofit
organization, or any other private person regulated by a State
public utility commission and having the greatest public need
for assistance under this Act) for the provision to the public
of piped water for human consumption, if such system has at
least 15 service connections or regularly serves at least 25
individuals. Such term includes (A) any collection, treatment,
storage, and distribution facilities under control of the
operator of such system and used primarily in connection with
such system, and (B) any collection or pretreatment facilities
not under such control that are used primarily in connection
with such system.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for purposes of this Act
the following sums:
(1) $599,000,000 for fiscal year 1994;
(2) $1,000,000,000 for fiscal year 1995; and
(3) $1,000,000,000 for fiscal year 1996. | Water Supply Construction Assistance Act of 1993 - Directs the Administrator of the Environmental Protection Agency to make grants to States for establishing water supply construction accounts in State water pollution control revolving loan fund programs to provide assistance for the construction, rehabilitation, and improvement of water supply systems.
Sets forth specific requirements for grant agreements.
Applies certain provisions of the Federal Water Pollution Control Act regarding authorized uses of water pollution control revolving funds, corrective action, and auditing, reporting, and fiscal controls to water supply construction accounts.
Sets forth amounts to be allotted to States and U.S. territories. Reserves a specified amount for grants to Indian tribes.
Directs the Administrator to develop and submit to the Congress: (1) an estimate of the cost of needed construction, rehabilitation, and improvement of water supply systems in all States; and (2) a study of the economic impact on affected units of government of the cost of installation of water supply systems.
Expresses the sense of the Congress that recipients of assistance under this Act should purchase American-made equipment and products.
Authorizes appropriations. | {"src": "billsum_train", "title": "Water Supply Construction Assistance Act of 1993"} | 3,219 | 232 | 0.614465 | 1.846215 | 0.975577 | 4.241706 | 13.919431 | 0.914692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Refugee Program Integrity
Restoration Act of 2016''.
SEC. 2. ANNUAL ADJUSTMENT OF THE NUMBER OF ADMISSIBLE REFUGEES.
(a) In General.--Section 207(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1157(a)(2)) is amended by striking all that
follows after ``shall be'' and inserting the following: ``60,000. The
President may, after appropriate consultation, submit a recommendation
to Congress for the revision of such number not later than 6 months
prior to the beginning of such fiscal year, setting forth the
justification for such revision due to humanitarian concerns or that
such revision is otherwise in the national interest.''.
(b) In Cases of Emergencies.--Section 207(b) of the Immigration and
Nationality Act (8 U.S.C. 1157(b)) is amended--
(1) by striking ``the President may fix a number of
refugees'' and inserting the following: ``the President may
submit to Congress a recommended number of refugees''; and
(2) by striking all that follows after ``to the emergency
refugee situation'' and inserting a period.
SEC. 3. TERMINATION OF REFUGEE STATUS.
Section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)), as amended by this Act, is further amended--
(1) in paragraph (4)--
(A) by striking ``may'' each place it appears and
inserting ``shall'';
(B) by inserting after ``determines'' the
following: ``--'';
(C) by striking ``that the alien was not'' and
inserting the following:
``(A) that the alien was not'';
(D) by striking the period at the end and inserting
``; or''; and
(E) by adding at the end the following:
``(B) that the alien, who applied for such status
because of persecution or a well-founded fear of
persecution in the country from which they sought
refuge on account of race, religion, nationality,
membership in a particular social group, or political
opinion, returned to such country absent changed
conditions therein.''; and
(2) by inserting after paragraph (4) the following:
``(5) Each fiscal year, the Secretary shall submit to the
Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate a report that
includes the number of terminations of status under paragraph
(4), disaggregated by whether the termination occurred pursuant
to subparagraph (A) or (B) of such paragraph.''.
SEC. 4. PRIORITY CONSIDERATION FOR CERTAIN APPLICANTS FOR REFUGEE
STATUS.
Section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)), as amended by this Act, is further is amended--
(1) by adding at the end the following:
``(6) When processing refugee applications from individuals
seeking refuge from a country listed as a `Country of
Particular Concern' in the annual report of the Commission on
International Religious Freedom under section 203 of the
International Religious Freedom Act of 1998 for the year prior
to the current year, the Secretary of Homeland Security shall
grant priority consideration to such applicants whose claims
are based on persecution or a well-founded fear of persecution
based on religion by reason of those applicants being
practitioners of a minority religion in the country from which
they sought refuge.''; and
(2) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''.
SEC. 5. LIMITATION OF WAIVER AUTHORITY ON ADMISSION OF REFUGEES.
Section 207(c)(3) of the Immigration and Nationality Act (8 U.S.C.
1157(c)(3)) is amended by striking ``any other provision of such
section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or
(E) of paragraph (3))'' and inserting ``paragraph (1) of section
212(a)''.
SEC. 6. RECURRENT SECURITY MONITORING.
Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)
is amended by adding at the end the following:
``(g) The Secretary may conduct recurrent background security
checks of an admitted refugee until such date as the refugee adjusts
status under section 209.''.
SEC. 7. ADJUSTMENT OF STATUS OF REFUGEES.
Section 209(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1159(a)(1)) is amended--
(1) in subparagraph (B), by striking ``for at least one
year'' and inserting ``for 3 years''; and
(2) by striking ``shall, at the end of such year period''
and inserting ``shall, at the end of such period''.
SEC. 8. LIMITATION OF WAIVER AUTHORITY ON ADJUSTMENT OF STATUS OF
REFUGEES.
(a) Grounds for Inadmissibility.--Section 209(c) of the Immigration
and Nationality Act (8 U.S.C. 1159(c)) is amended by striking ``any
other provision of such section (other than paragraph (2)(C) or
subparagraph (A), (B), (C), or (E) of paragraph (3))'' and inserting
``paragraph (1) of section 212(a)''.
(b) Grounds of Deportability; In-Person Interview Required;
Required Reexamination for Admission.--Section 209 of the Immigration
and Nationality Act (8 U.S.C. 1159) is amended by adding at the end the
following:
``(d) Coordination With Section 237.--An alien may not adjust
status under this section if the alien is deportable under section 237,
except that section 237(a)(5) shall not apply for purposes of this
subsection.
``(e) In-Person Interview Requirements.--An alien may not adjust
status under this section unless, at the time of application for
adjustment, the alien establishes by clear and convincing evidence
during an in-person interview with the Secretary of Homeland Security
that the alien continues to meet the requirements of section
101(a)(42).
``(f) Required Reexamination for Admission.--An alien who is
admitted as a refugee who is denied admission under subsection (a)(1)
shall, beginning on the date that is 5 years after such denial, and
every 5 years thereafter, if that alien retains status as a refugee,
return or be returned to the custody of the Department of Homeland
Security for inspection and examination for admission to the United
States as an immigrant in accordance with the provisions of sections
235, 240, and 241.''.
SEC. 9. LIMITATION ON RESETTLEMENT.
Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522)
is amended by adding at the end the following:
``(g) Limitation on Resettlement.--Notwithstanding any other
provision of this section, for a fiscal year, the resettlement of any
refugee may not be provided for--
``(1) in any State where the Governor of that State, or the
State legislature, has taken any action formally disapproving
of resettlement in that State; or
``(2) in any locality where the chief executive of that
locality's government, or the local legislature, has taken any
action formally disapproving of resettlement in that
locality.''.
SEC. 10. BENEFIT FRAUD ASSESSMENT.
Not later than 540 days after the date of enactment of this Act,
the Fraud Detection and National Security Directorate of U.S.
Citizenship and Immigration Services shall--
(1) complete a study on the processing of refugees by
officers and employees of the U.S. Citizenship and Immigration
Services including an identification of the most common ways in
which fraud occurs in such processing and recommendations for
the prevention of fraud in such processing; and
(2) submit a report on such study to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate.
SEC. 11. DOCUMENT FRAUD DETECTION PROGRAM.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Homeland Security shall establish a program for detecting
the use of fraudulent documents in applications for admission as a
refugee, including--
(1) placement of Fraud Detection and National Security
officials who are under the direction of the Fraud Detection
and National Security Directorate of U.S. Citizenship and
Immigration Services at initial refugee screening in
conjunction with the resettlement agency and with the authority
to hold a refugee application in abeyance until any fraud or
national security concerns are resolved; and
(2) creation of a searchable database of scanned and
categorized documents proffered by applicants at initial
refugee screening to allow for discovery of fraud trends and
random translation verification within such documents.
SEC. 12. RECORDING OF INTERVIEWS TO PROTECT REFUGEES AND PREVENT FRAUD.
(a) In General.--The Secretary of Homeland Security shall use
digital recording technology to record each interview of an alien
applying for admission as a refugee under section 207 of the
Immigration and Nationality Act by an officer or employee of the U.S.
Citizenship and Immigration Services.
(b) Auditing of Translations.--The Secretary shall randomly select
a number of interviews conducted, with the assistance of an
interpreter, during each refugee circuit ride, equal to 20 percent of
the total number of interviews conducted with the assistance of an
interpreter during such circuit ride and review each such selected
interview in order to determine whether any interpreter who
participated in the interview incorrectly interpreted any portion of
the interview (other than a de minimis error in translation). Such
reviews shall take place prior to approval or denial of any application
for admission as a refugee submitted at that location.
(c) In Cases of Mistranslations.--If the Secretary determines that
the interpreter incorrectly interpreted any portion of the interview
(other than a de minimis error in translation)--
(1) the interpreter shall be barred from subsequently
serving as an interpreter for immigration purposes; and
(2) no action shall be taken regarding the application
until the applicant has been reinterviewed.
SEC. 13. LIMITATION ON QUALIFICATION AS A REFUGEE.
Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(42)) is amended by inserting ``For purposes of this paragraph,
a person may not be considered a refugee solely or in part because the
person is displaced due to, or is fleeing from, violence in the country
of such person's nationality or, in the case of a person having no
nationality, the country in which such person last habitually resided,
if that violence is not specifically directed at the person, or, if it
is directed specifically at the person, it is not directed at the
person on account of that person's race, religion, nationality,
membership in a particular social group, or political opinion.'' before
``The term `refugee' does not include''.
SEC. 14. SECURITY REQUIREMENTS FOR REFUGEES.
Prior to admitting to the United States as a refugee under section
207 of the Immigration and Nationality Act (8 U.S.C. 1157) an alien,
the Secretary of Homeland Security shall ensure that the alien does not
pose a threat to the national security of the United States based on a
background check that the Secretary conducts, which includes a review
of the alien's open source interactions on and posting of material to
the Internet (including social media services).
SEC. 15. GAO REPORT ON U.S. REFUGEE ADMISSIONS PROGRAM.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall conduct a review and
report to Congress on the following:
(1) The security of the U.S. Refugee Admissions Program,
including an examination of--
(A) how the U.S. Government conducts security
screening and background checks, including the agencies
or U.S. Government partners involved and the systems
and databases used;
(B) how the U.S. Government determines whether
applicants are eligible for refugee resettlement and
admissible to the United States; and
(C) the number of individuals who were admitted
into the United States as refugees and subsequently
convicted as a result of a terrorism-related
investigation by the U.S. Government since fiscal year
2006.
(2) Federally funded benefit programs for which aliens
admitted into the United States under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) are eligible,
as well as what is known about their participation in these
programs. | Refugee Program Integrity Restoration Act of 2016 This bill amends the Immigration and Nationality Act to: (1) establish the number of annual refugee admissions at 60,000, (2) authorize the President to submit an adjustment recommendation to Congress for approval based upon humanitarian or national interest concerns, and (3) provide that the President must submit emergency refugee admission recommendations to Congress for approval. The President shall (currently, may) terminate the refugee status of a person not entitled to such status. Refugee status is terminated for an individual who applied for such status because of persecution or a well-founded fear of persecution in the country from which he or she sought refuge on account of race, religion, nationality, membership in a particular social group, or political opinion, but who has returned to such country absent changed conditions. The Department of Homeland Security (DHS) shall, when processing refugee applications from individuals seeking refuge from a "country of particular concern," grant priority to minority religion applicants whose claims are based on persecution because of their religion. DHS may conduct recurrent background security checks of an admitted refugee until the refugee adjusts to permanent resident status. Waiver authorities are limited with respect to refugee inadmissibility and permanent resident status adjustment. With respect to refugee status adjustment to permanent resident: (1) required U.S. residency is increased to three years; (2) an in-person DHS interview is required; (3) five-year reexaminations are required for a refugee whose status adjustment is refused; and (4) deportability grounds, with an exception for public charge grounds, shall be grounds for refusal of status adjustment. Resettlement of any refugee may not be provided for in any state or locality where the governor, chief executive, or legislature has taken action disapproving such resettlement. U.S. Citizenship and Immigration Services (USCIS) shall complete a refugee processing fraud study. DHS shall: (1) establish a program to detect the use of fraudulent documents in refugee admissions applications, which shall include placement of fraud detection officers at screening locations; and (2) use digital recording technology to record USCIS refugee interviews. A person may not be considered a refugee if such person fled from violence in his or her country of nationality (or of last habitual residence for a person with no nationality) if the violence: (1) was not specifically directed at the person; or (2) was specifically directed at the person but not because of that person's race, religion, nationality, membership in a particular social group, or political opinion. Prior to U.S. refugee admission, DHS shall ensure that an alien is not a threat to U.S. national security based on a background check that includes a review of the alien's open source Internet interactions, including social media services. | {"src": "billsum_train", "title": "Refugee Program Integrity Restoration Act of 2016"} | 3,002 | 613 | 0.56764 | 1.857398 | 0.69624 | 3.060264 | 4.800377 | 0.898305 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Readjustment Counseling Service
Amendments of 1995''.
SEC. 2. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 7305 of title 38, United States Code, is
amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) A Readjustment Counseling Service.''.
(b) Organization.--The Readjustment Counseling Service shall have
the organizational structure and administrative structure of that
service as such structures were in existence on January 1, 1993.
(c) Revision of Organizational Structure.--(1) The Secretary of
Veterans Affairs may not alter or revise the organizational structure
or the administrative structure of the Readjustment Counseling Service
until--
(A) the Secretary has submitted to the Committees on
Veterans' Affairs of the Senate and House of Representatives a
report containing a full and complete statement of the proposed
alteration or revision; and
(B) a period of 60 days has elapsed after the date on which
the report is received by the committees.
(2) In the computation of the 60-day period under paragraph (1)(B),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 calendar days
to a day certain.
(d) Budget Information Relating to the Service.--Each budget
submitted to Congress by the President under section 1105 of title 31,
United States Code, shall set forth the amount requested in the budget
for the operation of the Readjustment Counseling Service in the fiscal
year covered by the budget and shall set forth separately the amount
requested for administrative oversight of the activities of the service
(including the amount requested for funding of the Advisory Committee
on Readjustment of Veterans).
SEC. 3. DIRECTOR OF THE READJUSTMENT COUNSELING SERVICE.
(a) Director.--Section 7306(b) of title 38, United States Code, is
amended--
(1) by striking out ``and'' at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following:
``(4) one shall be a person who (A)(i) is a qualified
psychiatrist, (ii) is a qualified psychologist holding a
diploma as a doctorate in clinical or counseling psychology
from an authority approved by the American Psychological
Association and has successfully undergone an internship
approved by that association, (iii) is a qualified holder of a
master in social work degree, or (iv) is a registered nurse
holding a master of science in nursing degree in psychiatric
nursing or any other mental-health related degree approved by
the Secretary, and (B) has at least 3 years of clinical
experience and 2 years of administrative experience in the
Readjustment Counseling Service or other comparable mental
health care counseling service (as determined by the
Secretary), who shall be the director of the Readjustment
Counseling Service.''.
(b) Status of Director.--Section 7306(a)(3) of such title is
amended by striking out ``eight'' and inserting in lieu thereof
``nine''.
(c) Organizational Requirement.--The Director of the Readjustment
Counseling Service shall report to the Under Secretary for Health of
the Department of Veterans Affairs through the Associate Deputy Under
Secretary for Health for Clinical Programs.
SEC. 4. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND
CERTAIN RELATED COUNSELING SERVICES.
(a) Readjustment Counseling.--(1) Subsection (a) of section 1712A
of title 38, United States Code, is amended to read as follows:
``(a)(1)(A) Upon the request of any veteran referred to in
subparagraph (B) of this paragraph, the Secretary shall furnish
counseling to the veteran to assist the veteran in readjusting to
civilian life.
``(B) A veteran referred to in subparagraph (A) of this paragraph
is any veteran who--
``(i) served on active duty during the Vietnam era; or
``(ii) served on active military, naval, or air service in
a theater of combat operations (as determined by the Secretary,
in consultation with the Secretary of Defense) during a period
of war or in any other area during a period in which
hostilities (as defined in subparagraph (D) of this paragraph)
occurred in such area.
``(C) Upon the request of any veteran other than a veteran referred
to in subparagraph (A) of this paragraph, the Secretary may furnish
counseling to the veteran to assist the veteran in readjusting to
civilian life.
``(D) For the purposes of subparagraph (A) of this paragraph, the
term `hostilities' means an armed conflict in which the members of the
Armed Forces are subjected to danger comparable to the danger to which
members of the Armed Forces have been subjected in combat with enemy
armed forces during a period of war, as determined by the Secretary in
consultation with the Secretary of Defense.
``(2) The counseling referred to in paragraph (1) shall include a
general mental and psychological assessment of a covered veteran to
ascertain whether such veteran has mental or psychological problems
associated with readjustment to civilian life.''.
(2) Subsection (c) of such section is repealed.
(b) Other Counseling.--Such section is further amended by inserting
after subsection (b) the following new subsection (c):
``(c)(1) The Secretary shall provide the counseling services
described in section 1701(6)(B)(ii) of this title to the surviving
parents, spouse, and children of any member of the Armed Forces who is
killed during service on active military, naval, or air service in a
theater of combat operations (as determined by the Secretary, in
consultation with the Secretary of Defense) during a period of war or
in any other area during a period in which hostilities (as defined in
subsection (a)(1)(D) of this section) occurred in such area.
``(2) The Secretary may provide the counseling services referred to
in paragraph (1) to the surviving parents, spouse, and children of any
member of the Armed Forces who dies while serving on active duty or
from a condition (as determined by the Secretary) incurred in or
aggravated by such service.''.
(c) Authority To Contract for Counseling Services.--Subsection (e)
of such section is amended by striking out ``subsections (a) and (b)''
each place it appears and inserting in lieu thereof ``subsections (a),
(b), and (c)''.
SEC. 5. ADVISORY COMMITTEE ON THE READJUSTMENT OF VETERANS.
(a) In General.--(1) Subchapter II of chapter 17 of title 38,
United States Code, is amended by inserting after section 1712B the
following:
``Sec. 1712C. Advisory Committee on the Readjustment of Veterans
``(a)(1) There is in the Department the Advisory Committee on the
Readjustment of Veterans (hereafter in this section referred to as the
`Committee').
``(2) The Committee shall consist of not more than 18 members
appointed by the Secretary from among veterans who--
``(A) have demonstrated significant civic or professional
achievement; and
``(B) have experience with the provision of veterans
benefits and services by the Department.
``(3) The Secretary shall seek to ensure that members appointed to
the Committee include persons from a wide variety of geographic areas
and ethnic backgrounds, persons from veterans service organizations,
and women.
``(4) The Secretary shall determine the terms of service and pay
and allowances of the members of the Committee, except that a term of
service may not exceed 2 years. The Secretary may reappoint any member
for additional terms of service.
``(b)(1) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the provision by the
Department of benefits and services to veterans in order to assist
veterans in the readjustment to civilian life.
``(2)(A) In providing advice to the Secretary under this
subsection, the Committee shall--
``(i) assemble and review information relating to the needs
of veterans in readjusting to civilian life;
``(ii) provide information relating to the nature and
character of psychological problems arising from service in the
Armed Forces;
``(iii) provide an on-going assessment of the effectiveness
of the policies, organizational structures, and services of the
Department in assisting veterans in readjusting to civilian
life; and
``(iv) provide on-going advice on the most appropriate
means of responding to the readjustment needs of veterans in
the future.
``(B) In carrying out its duties under subparagraph (A), the
Committee shall take into special account veterans of the Vietnam era,
and the readjustment needs of such veterans.
``(c)(1) Not later than March 31 of each year, the Committee shall
submit to the Secretary a report on the programs and activities of the
Department that relate to the readjustment of veterans to civilian
life. Each such report shall include--
``(A) an assessment of the needs of veterans with respect
to readjustment to civilian life;
``(B) a review of the programs and activities of the
Department designed to meet such needs; and
``(C) such recommendations (including recommendations for
administrative and legislative action) as the Committee
considers appropriate.
``(2) Not later than 90 days after the receipt of each report under
paragraph (1), the Secretary shall transmit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a copy of
the report, together with any comments and recommendations concerning
the report that the Secretary considers appropriate.
``(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers appropriate.
``(4) The Secretary shall submit with each annual report submitted
to the Congress pursuant to section 529 of this title a summary of all
reports and recommendations of the Committee submitted to the Secretary
since the previous annual report of the Secretary submitted pursuant to
that section.
``(d)(1) Except as provided in paragraph (2), the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the
activities of the Committee under this section.
``(2) Section 14 of such Act shall not apply to the Committee.''.
(2) The table of sections at the beginning of chapter 17 of such
title is amended by inserting after the item relating to section 1712B
the following:
``1712C. Advisory Committee on the Readjustment of Veterans.''.
(b) Original Members.--(1) Notwithstanding subsection (a)(2) of
section 1712C of such title (as added by subsection (a)), the members
of the Advisory Committee on the Readjustment of Vietnam and Other War
Veterans on the date of the enactment of this Act shall be the original
members of the advisory committee recognized under such section.
(2) The original members shall so serve until the Secretary of
Veterans Affairs carries out appointments under such subsection (a)(2).
The Secretary shall carry out such appointments as soon after such date
as is practicable. The Secretary may make such appointments from among
such original members.
SEC. 6. PLAN FOR EXPANSION OF VIETNAM VETERAN RESOURCE CENTER PILOT
PROGRAM.
(a) Requirement.--(1) The Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a plan for the expansion of the Vietnam Veteran
Resource Center program established pursuant to the amendment made by
section 105 of the Veterans' Administration Health-Care Amendments of
1985 (Public Law 99-166; 99 Stat. 944). The plan shall include a
schedule for, and an assessment of the cost of, the implementation of
the program at or through all Department of Veterans Affairs
readjustment counseling centers.
(2) The Secretary shall submit the plan not later than 4 months
after the date of the enactment of this Act.
(b) Definition.--In this section, the term ``Department of Veterans
Affairs readjustment counseling centers'' has the same meaning given
the term ``center'' in section 1712A(i)(1) of title 38, United States
Code.
SEC. 7. REPORT ON COLLOCATION OF VET CENTERS AND DEPARTMENT OF VETERANS
AFFAIRS OUTPATIENT CLINICS.
(a) Requirement.--(1) The Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the feasibility and desirability of the
collocation of Vet Centers and outpatient clinics (including rural
mobile clinics) of the Department of Veterans Affairs as current leases
for such centers and clinics expire.
(2) The Secretary shall submit the report not later than 6 months
after the date of the enactment of this Act.
(b) Covered Matters.--The report under this section shall include
an assessment of the following:
(1) The results of any collocation of Vet Centers and
outpatient clinics carried out by the Secretary before the date
of the enactment of this Act, including the effects of such
collocation on the quality of care provided at such centers and
clinics.
(2) The effect of such collocation on the capacity of such
centers to carry out their primary mission.
(3) The extent to which such collocation will impair the
operational independence or administrative integrity of such
centers.
(4) The feasibility of combining the services provided by
such centers and clinics in the course of the collocation of
such centers and clinics.
(5) The advisability of the collocation of centers and
clinics of significantly different size.
(6) The effect of the locations (including urban and rural
locations) of the centers and clinics on the feasibility and
desirability of such collocation.
(7) The amount of any costs savings to be achieved by
Department as a result of such collocation.
(8) The desirability of such collocation in light of plans
for the provision of health care services by the Department
under national health care reform.
(9) Any other matters that the Secretary determines
appropriate.
SEC. 8. VET CENTER HEALTH CARE PILOT PROGRAM.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a pilot program for the provision of health-related services to
eligible veterans at readjustment counseling centers. The Secretary
shall carry out the pilot program in accordance with this section.
(b) Services.--(1) In carrying out the pilot program, the Secretary
shall provide the services referred to in paragraph (2) at not less
than 10 readjustment counseling centers in existence on the date of the
enactment of this Act.
(2) The Secretary shall provide basic ambulatory services and
health care screening services by such personnel as the Secretary
considers appropriate at each readjustment counseling center under the
pilot program. The Secretary shall assign not less than one-half of a
full-time employee equivalent at each such center in order to provide
such services under the pilot program.
(3) In determining the location of the readjustment counseling
centers at which to provide services under the pilot program, the
Secretary shall select centers that are located in a variety of
geographic areas and that serve veterans of a variety of economic,
social, and ethnic backgrounds.
(c) Period of Operation.--(1) The Secretary shall commence the
provision of health-related services at readjustment counseling centers
under the pilot program not later than 4 months after the date of the
enactment of this Act.
(2) The pilot program shall terminate 2 years after the date on
which the Secretary commences the provision of services under paragraph
(1).
(d) Report.--(1) The Secretary shall submit to Congress a report on
the pilot program established under this section. The report shall
include the following:
(A) A description of the program, including information
on--
(i) the number of veterans provided basic
ambulatory services and health care screening services
under the pilot program;
(ii) the number of such veterans referred to
Department of Veterans Affairs general health-care
facilities in order to provide such services to such
veterans; and
(iii) the cost to the Department of Veterans
Affairs of the pilot program.
(B) An analysis of the effectiveness of the services
provided to veterans under the pilot program.
(C) The recommendations of the Secretary for means of
improving the pilot program, and an estimate of the cost to the
Department of implementing such recommendations.
(D) An assessment of the desirability of expanding the type
or nature of services provided under the pilot program in light
of plans for the provision of health care services by the
Department under national health care reform.
(E) An assessment of the extent to which the provision of
services under the pilot program impairs the operational or
administrative independence of the readjustment counseling
centers at which such services are provided.
(F) An assessment of the effect of the location of the
centers on the effectiveness for the Department and for
veterans of the services provided under the pilot program.
(G) Such other information as the Secretary considers
appropriate.
(2) The Secretary shall submit the report not later than 18 months
after the date of the enactment of this Act.
(e) Definitions.--For the purposes of this section:
(1) The term ``Department of Veterans Affairs general
health-care facility'' has the meaning given such term in
section 1712A(i)(2) of title 38, United States Code.
(2) The term ``eligible veteran'' means any veteran
eligible for outpatient services under paragraph (1), (2), or
(3) of section 1712(a) of such title.
(3) The term ``readjustment counseling center'' has the
same meaning given the term ``center'' in section 1712A(i)(1)
of such title.
S 403 IS----2 | Readjustment Counseling Service Amendments of 1995 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until the Secretary has notified specified congressional committees and 60 days have elapsed since such notification. Requires RCS budget information to be included annually in the President's budget submitted to the Congress.
Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service. Makes such a qualified person the director of RCS.
Increases from eight to nine the authorized number of Assistant Under Secretaries for Health.
Directs the Secretary to furnish readjustment counseling to any veteran who: (1) served on active duty during the Vietnam era; or (2) served on active duty in a theater of combat during a period of war (currently, only after May 7, 1975) in any area in which hostilities occurred. Authorizes the Secretary to furnish such assistance to any other veteran upon request. Directs the Secretary to provide counseling to survivors and dependents of members of the armed forces killed while performing such duty. Allows the Secretary to provide such counseling to the survivors and dependents of other members killed during active duty or from a condition incurred in or aggravated by such service.
Establishes in the Department the Advisory Committee on the Readjustment of Veterans to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires specified reports from the Advisory Committee and the Secretary.
Directs the Secretary to report to the congressional veterans' affairs committees: (1) a plan for the expansion of the Vietnam Veteran Resource Center program; and (2) on the feasibility and desirability of the collocation of Vet Centers and outpatient clinics of the Department as current leases for such centers and clinics expire.
Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers. | {"src": "billsum_train", "title": "Readjustment Counseling Service Amendments of 1995"} | 4,022 | 480 | 0.581405 | 1.796443 | 0.738573 | 3.105012 | 8.945107 | 0.861575 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Homeowners from Onerous Rate
Escalations Act of 2013'' or the ``SHORE Act of 2013''.
SEC. 2. EXTENSION OF PHASE-IN OF ACTUARIAL RATES FOR FLOOD INSURANCE
FOR CERTAIN PROPERTIES.
(a) New Policies and Lapsed Policies.--Section 1307(g) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (B), by redesignating clauses
(i) and (ii) as subclauses (I) and (II), respectively,
and adjusting the margins accordingly; and
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and adjusting the
margins accordingly;
(2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and adjusting the
margins accordingly;
(3) in the matter preceding subparagraph (A), as
redesignated, by striking ``The Administrator'' and inserting
the following:
``(1) In general.--The Administrator''; and
(4) by adding at the end the following:
``(2) Phase-in of actuarial rates.--
``(A) In general.--Any increase in the risk premium
rate charged for flood insurance for a property or
policy described in subparagraph (A), (B), or (C) of
paragraph (1) that is a result of the prohibition set
forth under such paragraph shall be phased in over an
8-year period at the rate of--
``(i) 5 percent for each of the first 5
years after the applicable effective date
established under subparagraph (B) of this
paragraph; and
``(ii) 25 percent for each of the
subsequent 3 years.
``(B) Effective date of phase-in.--The applicable
effective date under this subparagraph is the later
of--
``(i) the date of enactment of the SHORE
Act of 2013; or
``(ii) the date on which--
``(I) a property described in
paragraph (1)(A) becomes insured by the
national flood insurance program;
``(II) a property described in
paragraph (1)(B) is purchased; or
``(III) coverage for a policy
described in paragraph (1)(C) is
renewed.''.
(b) Certain Other Properties.--Section 1308(e)(2) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4015(e)(2)) is amended by
striking ``by 25 percent each year, until'' and inserting the
following: ``by 5 percent each year for 5 years and by 25 percent each
year thereafter, until''.
(c) Premium Adjustments To Reflect Current Risk of Flood.--
(1) In general.--Section 1308(h) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015(h)) is amended--
(A) in the second sentence, by striking ``over a 5-
year period, at the rate of 20 percent for each year
following such effective date.'' and inserting the
following: ``over a 10-year period, at the rate of 5
percent for each of the first 5 years after such
effective date and 15 percent for each of the 5 years
thereafter.''; and
(B) in the third sentence, by striking ``over a 5-
year period, at the rate of 20 percent for each year
following the effective date of such issuance,
revision, updating, or change.'' and inserting the
following: ``over a 10-year period, at the rate of 5
percent for each of the first 5 years following the
effective date of such issuance, revision, updating, or
change, and 15 percent for each of the 5 years
thereafter.''.
(2) Applicability.--For purposes of determining the amounts
and schedule for phasing in any increase in the risk premium
rate charged for flood insurance under the National Flood
Insurance Program under section 1308(h) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015(h)), as amended by
paragraph (1), based on the issuance, revision, updating, or
other change with respect to a flood insurance map that took
effect during the period beginning on July 6, 2012 and ending
on the date of enactment of this Act, the effective date of the
issuance, revision, updating, or other change shall be deemed
to be the date of enactment of this Act. | Saving Homeowners from Onerous Rate Escalations Act of 2013 or SHORE Act of 2013 - Amends the National Flood Insurance Act of 1968 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to phase in, over an eight-year period, any increase in the flood insurance risk premium rate caused by the prohibition against extending subsidies to new or lapsed policies. Extends from a 5-year to a 10-year period the phase-in period for premium adjustment increases in the flood insurance risk rate. Prescribes a phase-in rate of: (1) 5% for each of the first 5 years after the effective date of an update, and 15% for each of the 5 ensuing years; and (2) 5% for each of the first 5 years following the effective date of designation as a special flood area of any area not previously so designated, and 15% for each of the 5 ensuing years. | {"src": "billsum_train", "title": "SHORE Act of 2013"} | 1,062 | 198 | 0.599718 | 1.724941 | 0.882535 | 2.729282 | 5.237569 | 0.81768 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Standards Development Organization
Advancement Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 1993, the Congress amended and renamed the National
Cooperative Research Act of 1984 (now known as the National
Cooperative Research and Production Act of 1993 (15 U.S.C. 4301
et seq.)) by enacting the National Cooperative Production
Amendments of 1993 (Public Law 103-42) to encourage the use of
collaborative, procompetitive activity in the form of research
and production joint ventures that provide adequate disclosure
to the antitrust enforcement agencies about the nature and
scope of the activity involved.
(2) Subsequently, in 1995, the Congress in enacting the
National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) recognized the importance of technical
standards developed by voluntary consensus standards bodies to
our national economy by requiring the use of such standards to
the extent practicable by Federal agencies and by encouraging
Federal agency representatives to participate in ongoing
standards development activities. The Office of Management and
Budget on February 18, 1998, revised Circular A-119 to reflect
these changes made in law.
(3) Following enactment of the National Technology Transfer
and Advancement Act of 1995, technical standards developed or
adopted by voluntary consensus standards bodies have replaced
thousands of unique Government standards and specifications
allowing the national economy to operate in a more unified
fashion.
(4) Having the same technical standards used by Federal
agencies and by the private sector permits the Government to
avoid the cost of developing duplicative Government standards
and to more readily use products and components designed for
the commercial marketplace, thereby enhancing quality and
safety and reducing costs.
(5) Technical standards are written by hundreds of
nonprofit voluntary consensus standards bodies in a
nonexclusionary fashion, using thousands of volunteers from the
private and public sectors, and are developed under the
standards development principles set out in Circular Number A-
119, as revised February 18, 1998, of the Office of Management
and Budget, including principles that require openness,
balance, transparency, consensus, and due process. Such
principles provide for--
(A) notice to all parties known to be affected by
the particular standards development activity,
(B) the opportunity to participate in standards
development or modification,
(C) balancing interests so that standards
development activities are not dominated by any single
group of interested persons,
(D) readily available access to essential
information regarding proposed and final standards,
(E) the requirement that substantial agreement be
reached on all material points after the consideration
of all views and objections, and
(F) the right to express a position, to have it
considered, and to appeal an adverse decision.
(6) There are tens of thousands of voluntary consensus
standards available for government use. Most of these standards
are kept current through interim amendments and
interpretations, issuance of addenda, and periodic
reaffirmation, revision, or reissuance every 3 to 5 years.
(7) Standards developed by government entities generally
are not subject to challenge under the antitrust laws.
(8) Private developers of the technical standards that are
used as Government standards are often not similarly protected,
leaving such developers vulnerable to being named as
codefendants in lawsuits even though the likelihood of their
being held liable is remote in most cases, and they generally
have limited resources to defend themselves in such lawsuits.
(9) Standards development organizations do not stand to
benefit from any antitrust violations that might occur in the
voluntary consensus standards development process.
(10) As was the case with respect to research and
production joint ventures before the passage of the National
Cooperative Research and Production Act of 1993, if relief from
the threat of liability under the antitrust laws is not granted
to voluntary consensus standards bodies, both regarding the
development of new standards and efforts to keep existing
standards current, such bodies could be forced to cut back on
standards development activities at great financial cost both
to the Government and to the national economy.
SEC. 3. DEFINITIONS.
Section 2 of the National Cooperative Research and Production Act
of 1993 (15 U.S.C. 4301) is amended--
(1) in subsection (a) by adding at the end the following:
``(7) The term `standards development activity' means any
action taken by a standards development organization for the
purpose of developing, promulgating, revising, amending,
reissuing, interpreting, or otherwise maintaining a voluntary
consensus standard, or using such standard in conformity
assessment activities.
``(8) The term `standards development organization' has the
same meaning as the terms `voluntary consensus standards body'
and `voluntary, private sector consensus standards body' as
such term are used in section 12(d) of the National Technology
Transfer and Advancement Act of 1995 and in Circular Number A-
119, as revised February 10, 1998, of the Office of Management
and Budget.
``(9) The term `technical standard' has the meaning given
such term in section 12(d)(4) of the National Technology
Transfer and Advancement Act of 1995.
``(10) The term `voluntary consensus standard' has the
meaning given such term in Circular Number A-119, as revised
February 10, 1998, of the Office of Management and Budget.'';
and
(2) by adding at the end the following:
``(c) The term `standards development activity' excludes the
following activities:
``(1) Exchanging information among competitors relating to
cost, sales, profitability, prices, marketing, or distribution
of any product, process, or service that is not reasonably
required for the purpose of developing or promulgating a
voluntary consensus standard, or using such standard in
conformity assessment activities.
``(2) Entering into any agreement or engaging in any other
conduct that would allocate a market with a competitor.
``(3) Entering into any agreement or conspiracy that would
set or restrain prices of any good or service.''.
SEC. 4. RULE OF REASON STANDARD.
Section 3 of the National Cooperative Research and Production Act
of 1993 (15 U.S.C. 4302) is amended by striking ``of any person in
making or performing a contract to carry out a joint venture shall''
and inserting the following: ``of--
``(1) any person in making or performing a contract to
carry out a joint venture, or
``(2) a standards development organization while engaged in
a standards development activity,
shall''.
SEC. 5. LIMITATION ON RECOVERY.
Section 4 of the National Cooperative Research and Production Act
of 1993 (15 U.S.C. 4303) is amended--
(1) in subsections (a)(1), (b)(1), and (c)(1) by inserting
``, for a standards development activity engaged in by
standards development organization against which such claim is
made'' after ``joint venture'', and
(2) in subsection (e)--
(A) by inserting ``, or of a standards development
activity engaged in by a standards development
organization'' before the period at the end, and
(B) by redesignating such subsection as subsection
(f), and
(3) by inserting after subsection (d) the following:
``(e) Subsections (a), (b), and (c) shall not be construed to
modify the liability under the antitrust laws of any person (other than
a standards development organization) who--
``(1) directly (or through an employee or agent)
participates in a standards development activity with respect
to which a violation of any of the antitrust laws is found,
``(2) is not a fulltime employee of the standards
development organization that engaged in such activity, and
``(3) is, or is an employee or agent of a person who is,
engaged in a line of commerce that is likely to benefit
directly from the operation of the standards development
activity with respect to which such violation is found.''.
SEC. 6. ATTORNEY FEES.
Section 5 of the National Cooperative Research and Production Act
of 1993 (15 U.S.C. 4304) is amended--
(1) in subsection (a) by inserting ``, or of a standards
development activity engaged in by a standards development
organization'' after ``joint venture'', and
(2) by adding at the end the following:
``(c) Subsections (a) and (b) shall not apply with respect to any
person who--
``(1) directly participates in a standards development
activity with respect to which a violation of any of the
antitrust laws is found,
``(2) is not a fulltime employee of a standards development
organization that engaged in such activity, and
``(3) is, or is an employee or agent of a person who is,
engaged in a line of commerce that is likely to benefit
directly from the operation of the standards development
activity with respect to which such violation is found.''.
SEC. 7. DISCLOSURE OF STANDARDS DEVELOPMENT ACTIVITY.
Section 6 of the National Cooperative Research and Production Act
of 1993 (15 U.S.C. 4305) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively,
(B) by inserting ``(1)'' after ``(a)'', and
(C) by adding at the end the following:
``(2) A standards development organization may, not later than 90
days after commencing a standards development activity engaged in for
the purpose of developing or promulgating a voluntary consensus
standards or not later than 90 days after the date of the enactment of
the Standards Development Organization Advancement Act of 2002,
whichever is later, file simultaneously with the Attorney General and
the Commission, a written notification disclosing--
``(A) the name and principal place of business of the
standards development organization, and
``(B) documents showing the nature and scope of such
activity.
Any standards development organization may file additional disclosure
notifications pursuant to this section as are appropriate to extend the
protections of section 4 to standards development activities that are
not covered by the initial filing or that have changed significantly
since the initial filing.'',
(2) in subsection (b)--
(A) in the 1st sentence by inserting ``, or a
notice with respect to such standards development
activity that identifies the standards development
organization engaged in such activity and that
describes such activity in general terms'' before the
period at the end, and
(B) in the last sentence by inserting ``or
available to such organization, as the case may be''
before the period,
(3) in subsection (d)(2) by inserting ``, or the standards
development activity,'' after ``venture'',
(4) in subsection (e)--
(A) by striking ``person who'' and inserting
``person or standards development organization that'',
and
(B) by inserting ``or any standards development
organization'' after ``person'' the last place it
appears, and
(5) in subsection (g)(1) by inserting ``or standards
development organization'' after ``person''. | Standards Development Organization Advancement Act of 2002 - Amends the National Cooperative Research and Production Act of 1993 to provide that, in any action under the antitrust laws, the conduct of a standards development organization (SDO) while engaged in a standards development activity shall be subject to a rule of reason standard.Limits the amount recoverable and attorney's fees with respect to standards development activity engaged in by an SDO.States that an SDO may, not later than 90 days after commencing activity for the purpose of developing or promulgating voluntary consensus standards or 90 days after enactment of the Standards Development Advancement Act of 2002, whichever is later, file simultaneously with the Attorney General and the Commission a written notification disclosing: (1) the name and principal place of business of the SDO; and (2) documents showing the nature and scope of such activity. Allows an SDO to file additional disclosure notifications as appropriate to extend protections under this Act to standards development activities that are not covered by, or that have changed significantly since, the initial filing.Includes standards development activity within notice, disclosure, and withdrawal from notification requirements of the Act. | {"src": "billsum_train", "title": "To encourage the development and promulgation of voluntary consensus standards by providing relief under the antitrust laws to standards development organizations with respect to conduct engaged in for the purpose of developing voluntary consensus standards, and for other purposes."} | 2,445 | 250 | 0.5208 | 1.711243 | 0.69687 | 3.953271 | 11.116822 | 0.925234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Head Start Access for
Homeless and Foster Children Act of 2005''.
SEC. 2. DEFINITIONS.
Section 637 of the Head Start Act (42 U.S.C. 9832) is amended by
adding at the end the following:
``(18) The term `family' means all persons living in the
same household who are--
``(A) supported by the income of at least 1 parent
or guardian (including any relative acting in place of
a parent, such as a grandparent) of a child enrolling
or participating in the Head Start program; and
``(B) related to the parent or guardian by blood,
marriage, or adoption.
``(19) The term `homeless child' means a child described in
section 725(2) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2)).
``(20) The term `homeless family' means the family of a
homeless child.''.
SEC. 3. ALLOTMENT OF FUNDS; LIMITATIONS ON ASSISTANCE.
(a) Quality Improvement.--Section 640(a)(3) of the Head Start Act
(42 U.S.C. 9835(a)(3)) is amended--
(1) in subparagraph (B)--
(A) in clause (ii), by inserting ``children in
foster care, children referred to Head Start programs
by child welfare agencies, '' after ``background''; and
(B) in clause (v), by inserting ``, including
collaboration to increase program participation by
underserved populations, including homeless children,
children in foster care, and children referred to Head
Start programs by child welfare agencies'' before the
period; and
(2) in subparagraph (C)--
(A) in clause (ii)(IV)--
(i) by inserting ``homeless children,
children in foster care, children referred to
Head Start programs by child welfare agencies,
'' after ``dysfunctional families''; and
(ii) by inserting ``and families'' after
``communities'';
(B) in clause (v)--
(i) by inserting ``homeless children,
children in foster care, children referred to
Head Start programs by child welfare
agencies,'' after ``dysfunctional families'';
and
(ii) by inserting ``and families'' after
``communities'';
(C) by redesignating clause (vi) as clause (viii);
and
(D) by inserting after clause (v) the following:
``(vi) To conduct outreach to homeless
families and to increase Head Start program
participation by homeless children.''.
(b) Collaboration Grants.--Section 640(a)(5)(C)(iv) of the Head
Start Act (42 U.S.C. 9835(a)(5)(C)(iv)) is amended--
(1) by inserting ``child welfare (including child
protective services),'' after ``child care,'';
(2) by inserting ``home-based services (including home
visiting services),'' after ``family literacy services''; and
(3) by striking ``and services for homeless children'' and
inserting ``services provided through grants under section 106
of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106a) and parts B and E of title IV of the Social Security Act
(42 U.S.C. 620 et seq. and 670 et seq.), and services for
homeless children (including coordination of services with the
Coordinator for Education of Homeless Children and Youth
designated under section 722 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11432)), children in foster care, and
children referred to Head Start programs by child welfare
agencies''.
(c) Allocation of Funds.--Section 640(g)(2) of the Head Start Act
(42 U.S.C. 9835(g)(2)) is amended--
(1) in subparagraph (C)--
(A) by inserting ``organizations and agencies
providing family support services, child abuse
prevention services, protective services, and foster
care, and'' after ``(including''; and
(B) by striking ``and public entities serving
children with disabilities'' and inserting ``, public
entities, and individuals serving children with
disabilities and homeless children (including local
educational agency liaisons designated under section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)))'';
(2) in subparagraph (F), by inserting ``and homeless
families'' after ``low-income families''; and
(3) in subparagraph (H), by inserting ``(including the
local educational agency liaison designated under section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11432(g)(1)(J)(ii)))'' after ``community involved''.
(d) Enrollment of Homeless Children.--Section 640 of the Head Start
Act (42 U.S.C. 9835) is amended by adding at the end the following:
``(m) The Secretary shall issue regulations to remove barriers to
the enrollment and participation of homeless children in Head Start
programs. Such regulations shall require Head Start agencies to--
``(1) implement policies and procedures to ensure that
homeless children are identified and prioritized for
enrollment;
``(2) allow homeless children to apply to, enroll in, and
attend Head Start programs while required documents, such as
proof of residency, immunization and other medical records,
birth certificates, and other documents, are obtained; and
``(3) coordinate individual Head Start programs with
programs for homeless children (including efforts to implement
subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11431 et seq.)).''.
SEC. 4. DESIGNATION OF HEAD START AGENCIES.
Section 641(d)(4) of the Head Start Act (42 U.S.C. 9836(d)(4)) is
amended--
(1) in subparagraph (B), by inserting ``including providing
services, to the extent practicable, such as transportation, to
enable such parents to participate'' after ``level'';
(2) in subparagraph (E)(iv), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (F), by inserting ``and'' after the
semicolon; and
(4) by adding at the end the following:
``(G) to meet the needs of homeless children
(including, to the extent practicable, the
transportation needs of such children), children in
foster care, and children referred to Head Start
programs by child welfare agencies;''.
SEC. 5. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND
PROGRAMS.
Section 641A of the Head Start Act (42 U.S.C. 9836a) is amended--
(1) in subsection (a)(2)(B)--
(A) in clause (iii), by inserting ``homeless
children, children being raised by grandparents or
other relatives, children in foster care, children
referred to Head Start Programs by child welfare
agencies,'' after ``children with disabilities,''; and
(B) in clause (vi), by striking ``background and
family structure of such children'' and inserting
``background, family structure of such children
(including the number of children being raised by
grandparents and other relatives and the number of
children in foster care), and the number of homeless
children''; and
(2) in subsection (c)(2)(C), by striking ``disabilities)''
and inserting ``disabilities, homeless children, children being
raised by grandparents or other relatives, children in foster
care, and children referred to Head Start programs by child
welfare agencies)''.
SEC. 6. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
Section 642 of the Head Start Act (42 U.S.C. 9837) is amended--
(1) in subsection (b)--
(A) in paragraph (6), by inserting ``mental health
services and treatment, domestic violence services,
and'' after ``participating children'';
(B) in paragraph (10), by striking ``; and'' and
inserting a semicolon;
(C) in paragraph (11)(B), by striking the period
and inserting ``; and''; and
(D) by adding at the end the following:
``(12) inform foster parents or grandparents or other
relatives raising children enrolled in the Head Start program,
that they have a right to participate in programs, activities,
or services carried out or provided under this subchapter.'';
(2) in subsection (c), by inserting ``, the agencies
responsible for administering section 106 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a), parts B and E
of title IV of the Social Security Act (42 U.S.C. 620 et seq.
and 670 et seq.), and programs under subtitle B of title VII of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq.), homeless shelters, other social service agencies serving
homeless children and families,'' after ``(42 U.S.C. 9858 et
seq.)''; and
(3) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) collaborating to increase the program participation
of homeless children.''.
SEC. 7. HEAD START TRANSITION.
Section 642A of the Head Start Act (42 U.S.C. 9837a) is amended--
(1) in paragraph (2), by inserting ``local educational
agency liaisons designated under section 722(g)(1)(J)(ii) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11432(g)(1)(J)(ii)),'' after ``social workers'';
(2) in paragraph (5), by inserting ``and family outreach
and support efforts under subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq.)'' before the semicolon;
(3) in paragraph (6), by striking ``; and '' and inserting
a semicolon;
(4) in paragraph (7), by striking the period and inserting
``; and''; and
(5) by adding at the end the following:
``(8) developing and implementing a system to increase
program participation of underserved populations, including
homeless children.''.
SEC. 8. PARTICIPATION IN HEAD START PROGRAMS.
Section 645(a)(1) of the Head Start Act (42 U.S.C. 9840(a)(1)) is
amended--
(1) in subparagraph (B), by striking clause (i) and
inserting the following:
``(i) programs assisted under this subchapter may
include--
``(I) participation of homeless children,
children whose families are receiving public
assistance, children in foster care, and
children who have been referred to a Head Start
program by a child welfare agency; or
``(II) to a reasonable extent,
participation of other children in the area
served who would benefit from such programs,
whose families do not meet the low-income criteria
prescribed pursuant to subparagraph (A); and''; and
(2) in the flush matter following subparagraph (B), by
adding at the end the following: ``A homeless child shall
automatically be deemed to meet the low-income criteria.''.
SEC. 9. EARLY HEAD START PROGRAMS FOR FAMILIES WITH INFANTS AND
TODDLERS.
Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended--
(1) in subsection (b)--
(A) in paragraph (4), by inserting ``(including
parenting skills training, training in basic child
development, and training to meet the special needs of
their children)'' after ``role as parents'';
(B) in paragraph (5)--
(i) by inserting ``(including home visiting
and other home-based services)'' after ``with
services'';
(ii) by striking ``disabilities)'' and
inserting ``disabilities and homeless infants
and toddlers (including homeless infants and
toddlers with disabilities)); and
(iii) by striking ``services);'' and
inserting ``services, housing services, family
support services, and other child welfare
services);''; and
(C) in paragraph (8), by inserting ``, and the
agencies responsible for administering section 106 of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106a) and parts B and E of title IV of the Social
Security Act (42 U.S.C. 620 et seq. and 670 et seq.)''
before the semicolon; and
(2) in subsection (g)(2)(B)--
(A) in clause (iii), by striking ``; and'' and
inserting a semicolon;
(B) in clause (iv), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(v) providing professional development
designed to increase the program participation
of underserved populations, including homeless
infants and toddlers, infants and toddlers in
foster care, and infants and toddlers referred
by child welfare agencies.''.
SEC. 10. TECHNICAL ASSISTANCE AND TRAINING.
Section 648 of the Head Start Act (42 U.S.C. 9843) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``disabilities)''
and inserting ``disabilities, children in foster care,
and children referred by child welfare agencies)'';
(B) in paragraph (5), by inserting ``, including
the needs of homeless children and their families''
before the semicolon;
(C) in paragraph (10), by striking ``; and'' and
inserting a semicolon;
(D) in paragraph (11) by striking the period and
inserting ``; and''; and
(E) by adding at the end the following:
``(12) assist Head Start agencies and programs in
increasing the program participation of homeless children.'';
and
(2) in subsection (e)--
(A) by inserting ``training for personnel providing
services to children determined to be abused or
neglected, children receiving child welfare services,
and children referred by child welfare agencies,''
after ``language),''; and
(B) by inserting ``and family'' after
``community''.
SEC. 11. RESEARCH, DEMONSTRATIONS, AND EVALUATION.
Section 649 of the Head Start Act (42 U.S.C. 9844) is amended--
(1) in subsection (a)(1)(B), by striking ``disabilities)''
and inserting ``disabilities, homeless children, children who
have been abused or neglected, and children in foster care'';
and
(2) in subsection (c)(1)(B) by inserting ``, including
those that work with children with disabilities, children who
have been abused and neglected, children in foster care,
children and adults who have been exposed to domestic violence,
children and adults facing mental health and substance abuse
problems, and homeless children and families'' before the
semicolon.
SEC. 12. REPORTS.
Section 650(a) of the Head Start Act (42 U.S.C. 9846(a)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``disabled and'' and inserting ``disabled children, homeless
children, children in foster care, and'';
(2) in paragraph (8), by inserting ``homelessness, whether
the child is in foster care or was referred by a child welfare
agency,'' after ``background''; and
(3) in paragraph (12), by inserting ``substance abuse
treatment, housing services,'' after ``physical fitness''. | Improving Head Start Access for Homeless and Foster Children Act of 2005 - Amends the Head Start Act to include consideration of the needs of homeless children, children in foster care, and children referred by child welfare agencies under specified requirements for Head Start and Early Head Start programs. | {"src": "billsum_train", "title": "A bill to amend the Head Start Act to address the needs of victims of child abuse and neglect, children in foster care, children in kinship care, and homeless children."} | 3,887 | 59 | 0.580793 | 1.35114 | 0.769612 | 4.25 | 63.769231 | 0.903846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``STEM Innovation Networks Act of
2013''.
SEC. 2. STATE NETWORKS AND CONSORTIA ON SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS EDUCATION (STEM) INNOVATION
NETWORKS.
(a) In General.--From amounts made available to carry out this
section, the Secretary of Education shall make grants to eligible
networks to expand STEM education and STEM educator development.
(b) Eligible Network Defined.--In this section, the term ``eligible
network'' means a State-based STEM network or similar organization,
which--
(1) may include the participation of State officials, local
educational agencies, educators, administrators, afterschool
providers, out of school time educators, parents, industry
leaders, philanthropists, and representatives from the STEM
communities in partnership with institutions of higher
education, nonprofit organizations, other public agencies, and
businesses;
(2) aims to increase the number of students who are
effectively prepared for postsecondary education and careers in
STEM fields;
(3) aims to increase student achievement and experiences in
the STEM disciplines at the elementary schools and secondary
schools in its State, and out of school programs and
particularly for students with a high concentration of
historically underrepresented students and at rural schools
(within the meaning of part B of title VI of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6201 et seq.)); and
(4) aims to increase the number of quality afterschool
programs offering STEM learning opportunities, particularly for
students from populations traditionally underrepresented in the
STEM fields.
(c) Eligible Network Application.--
(1) In general.--An eligible network seeking a grant under
this section shall submit an application at such time, in such
manner, and containing such information as the Secretary may
reasonably require.
(2) Matching requirement.--In order to receive a grant
under this section, an eligible network shall agree to provide,
either directly or through private contributions, non-Federal
matching funds equal to not less than 30 percent of the amount
of the grant.
(d) Uses of Funds.--Each eligible network receiving a grant under
this section shall use the funds to carry out one or more of the
following:
(1) Testing, validating, sharing, and scaling up STEM
education research, promising practices, and exemplary programs
among members of the network and with other eligible networks
receiving grants under this section.
(2) Identifying points of weakness and strength among State
STEM education efforts, prioritizing strategies for addressing
problem areas, and communicating State needs to the Secretary.
(3) Assisting in the implementation of rigorous career and
college ready standards in STEM education for grades
prekindergarten through grade 12 that reflect and take into
consideration--
(A) career and college ready standards in STEM
disciplines;
(B) established international standards and 21st
century skills that include critical thinking, problem
solving, communication, collaboration, creativity, and
innovation;
(C) the needs of English language learners and
special education students; and
(D) the need to increase STEM literacy of
prekindergarten through grade 12 students.
(4) Assisting the development of innovative STEM
assessments that measure interest, engagement, and content
proficiency.
(5) Supporting the implementation of STEM assessments that
measure career and college ready standards.
(6) Promoting and developing rigorous undergraduate pre-
service teacher programs in institutions of higher education
that emphasize STEM content with emphasis on the elementary
educator.
(7) Promoting and developing curriculum tools and
professional development for STEM educators both in school and
out of school.
(8) Developing STEM career pathways that reflect the
projected STEM workforce needs of the 21st century that may
include mentoring programs and STEM professional outreach.
(9) Developing STEM-related education and workforce
training programs in secondary schools and community colleges
to reflect the needs of the local community.
(10) Developing systems for the implementation of expanded
learning opportunities on school sites to enhance STEM
education inside and outside of the classroom.
(11) Promoting, supporting, and designing programs that
develop STEM content coaches and master educators in order to
strengthen core competencies of the classroom practitioner.
(e) Evaluation and Report.--Not later than 2 years after receiving
a grant under this section, each eligible network receiving such a
grant shall--
(1) conduct periodic independent evaluations, by grant or
by contract, of the eligible network's effectiveness at
accomplishing the activities described in this section, which
shall include an assessment of the impact of such activities on
STEM teaching and learning; and
(2) prepare and submit a report on the results of each
evaluation described in paragraph (1) to the Secretary and make
for dissemination to other STEM Networks.
(f) Prohibitions.--In implementing this section, the Secretary may
not--
(1) endorse, approve, or sanction any STEM curriculum
designed for use in any elementary school, secondary school, or
institution of higher education; or
(2) engage in oversight, technical assistance, or
activities that will require the adoption of a specific STEM
program or instructional materials by a State, local
educational agency, or school.
(g) Total Amount of Grants.--The total amount of grants made under
this section in any fiscal year may not exceed $20,000,000.
(h) Definitions.--In this section:
(1) The terms ``elementary school'', ``local educational
agency'', ``secondary school'', and ``State educational
agency'' have the meanings given such terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) The term ``high concentration of low-income students''
has the meaning given such term in section 1707 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6537).
(3) The term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(4) The term ``Secretary'' means the Secretary of
Education.
(5) The term ``State'' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Commonwealth of the Northern Mariana
Islands, American Samoa, and the United States Virgin Islands.
(6) The term ``STEM'' means science, technology,
engineering, and mathematics.
(7) The term ``STEM education'' means the subjects of
science, technology, engineering, and mathematics, including
other academic subjects that build on these disciplines, such
as computer science, and other academic subjects that a State
identifies as important to the workforce of the State.
(8) The term ``21st century readiness initiative'' means
any initiative that--
(A) embeds core academic subjects with critical
skills; and
(B) is focused on ensuring that students are
prepared for postsecondary education and careers, upon
graduation from secondary school. | STEM Innovation Networks Act of 2013 - Directs the Secretary of Education to award matching grants to state-based science, technology, engineering, and mathematics (STEM) networks or similar organizations of STEM stakeholders to expand STEM education and STEM educator development. Includes among grant uses: testing, sharing, and scaling up STEM education research, promising practices, and exemplary programs; identifying state STEM education weaknesses and prioritizing strategies to address them; implementing rigorous career and college ready standards in STEM education; developing and implementing innovative STEM assessments that measure student progress toward those career and college ready standards; promoting and developing pre- and in-service STEM teacher training; developing STEM career pathways and workforce education and training programs that reflect 21st century workforce needs; facilitating the implementation of expanded STEM learning opportunities on school sites; and promoting, supporting, and designing programs that develop STEM content coaches and master educators in order to strengthen core competencies of the classroom practitioner. Requires grantees to conduct periodic independent evaluations of their effectiveness in accomplishing those activities. Prohibits the Secretary from: (1) endorsing or approving any STEM curriculum designed for use in an elementary school, secondary school, or institution of higher education; or (2) requiring a state, local educational agency, or school to adopt a specific STEM program or instructional materials. | {"src": "billsum_train", "title": "STEM Innovation Networks Act of 2013"} | 1,494 | 281 | 0.625105 | 1.681326 | 0.852142 | 3.996016 | 5.792829 | 0.912351 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Telephone Records
Protection Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) telephone records can be of great use to criminals
because the information contained in call logs listed in such
records include a wealth of personal information;
(2) many call logs reveal the names of many users' doctors,
public and private relationships, business associates, and
more;
(3) although other personal information, such as social
security numbers may appear in public documents, which can be
accessed by data brokers, the only warehouse of telephone
records is located at the telephone companies themselves; and
(4) telephone records may be accessed without authorization
of the customer by--
(A) an employee of the telephone company selling
the data;
(B) ``pretexting'', whereby a data broker or other
person pretends to be the owner of the phone and
convinces the telephone company's employees to release
the data to them; or
(C) unauthorized access of accounts via the
Internet; and
(5) because telephone companies encourage customers to
manage their accounts online, many set up the online capability
in advance. Many customers never access their Internet
accounts, however. If someone seeking the information activates
the account before the customer, he or she can gain unfettered
access to the telephone records and call logs of that customer.
SEC. 3. PRIVACY PROTECTION FOR CUSTOMER INFORMATION OF
TELECOMMUNICATIONS CARRIERS.
(a) Prohibition on Obtaining Customer Information by False
Pretenses.--It shall be unlawful for any person to obtain or attempt to
obtain, or cause to be disclosed or attempt to cause to be disclosed to
any person, customer proprietary network information relating to any
other person by--
(1) making a false, fictitious, or fraudulent statement or
representation to an officer, employee, or agent of a
telecommunications carrier; or
(2) by providing, through any means including the Internet,
any document or other information to a telecommunications
carrier or an officer, employee, or agent of a
telecommunications carrier, knowing that the document or other
information is forged, counterfeit, lost, or stolen, was
obtained fraudulently or without the customer's consent, or
contains a false, fictitious, or fraudulent statement or
representation.
(b) Prohibition on Solicitation of a Person to Obtain Customer
Information Under False Pretenses.--It shall be unlawful to request a
person to obtain customer proprietary network information of a
telecommunications carrier, knowing that the person will obtain, or
attempt to obtain, the information from the telecommunications carrier
in the manner described in subsection (a).
(c) Prohibition on Sale or Other Disclosure of Customer Information
Obtained Under False Pretenses.--It shall be unlawful for any person to
sell customer proprietary network information relating to any other
person, knowing that such information was obtained in the manner
described in subsection (a).
(d) Nonapplicability to Law Enforcement Agencies.--No provision of
this section shall be construed so as to prevent any action by a law
enforcement agency, or any officer, employee, or agent of such agency,
to obtain customer proprietary network information of a
telecommunications carrier in connection with the performance of
official duties of the agency.
SEC. 4. TELECOMMUNICATIONS CARRIER NOTIFICATION REQUIREMENT.
Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Notice of Violations.--The Commission shall by regulation
require each telecommunications carrier to notify the customer of any
incidents in which such telecommunications carrier becomes or is made
aware in which customer proprietary network information relating to
such customer is disclosed to someone other than the customer in
violation of this section or section 3 of the Consumer Telephone
Records Protection Act of 2006.''.
SEC. 5. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
A violation of section 3 shall be treated as an unfair or deceptive
act or practice in violation of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45). All of the functions and powers of the
Federal Trade Commission under that Act are available to the Commission
to enforce compliance by any person with such section, irrespective of
whether that person is engaged in commerce or meets any other
jurisdictional tests in the Federal Trade Commission Act, including the
power to enforce the provisions of such section in the same manner as
if the violation had been a violation of a Federal Trade Commission
trade regulation rule.
SEC. 6. CRIMINAL PENALTY.
(a) In General.--Whoever knowingly and intentionally violates
section 3 shall be fined in accordance with title 18, United States
Code, or imprisoned for not more than 5 years, or both.
(b) Enhanced Penalties for Aggravated Cases.--Whoever violates
section 3 while violating another law of the United States or as part
of a pattern of any illegal activity involving more than $100,000, or
more than 50 customers of a telecommunications carrier, in a 12-month
period shall be fined twice the amount provided in section 3571 of
title 18, or imprisoned for not more than 10 years, or both.
SEC. 7. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Customer proprietary network information.--The term
``customer proprietary network information'' has the meaning
given such term in section 222(h)(1) of the Communications Act
of 1934 (47 U.S.C. 222(h)(1)).
(2) Telecommunications carrier.--The term
``telecommunications carrier'' has the meaning given such term
in section 3(44) of the Communications Act of 1934 (47 U.S.C.
153(44)). | Consumer Telephone Records Protection Act of 2006 - Prohibits any person from obtaining or causing the disclosure of, or requesting another person to obtain, customer proprietary network information relating to another person by: (1) making a false statement to a telecommunications carrier; or (2) providing any information knowing that it is counterfeit, that it was obtained fraudulently or without the customer's consent, or that it contains a false statement. Prohibits a person from selling customer information relating to any other person knowing it was obtained in such manner.
Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to require each telecommunications carrier to notify a customer when proprietary network information relating to such customer is disclosed in violation of such prohibitions.
Treats a violation as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Gives all of the functions and powers of the Federal Trade Commission (FTC) under that Act to the FCC to enforce compliance. Prescribes penalties, which double for violations that are part of a pattern of illegal activity. | {"src": "billsum_train", "title": "To prohibit the obtaining of customer information from telecommunications carriers by false pretenses, and the sale or disclosure of such records obtained by false pretenses."} | 1,333 | 240 | 0.554507 | 1.642886 | 0.978393 | 3.263415 | 5.756098 | 0.902439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Steamtown National Historic Site Act
of 1994''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the Steamtown National Historic Site Advisory Committee
established by the Secretary under section 5.
(2) Hazardous substance.--The term ``hazardous substance''
has the meaning given such term in section 101(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(14)).
(3) Historic site.--The term ``historic site'' means the
Steamtown National Historic Site established under section 3.
(4) National park service.--The term ``National Park
Service'' means the National Park Service of the Department of
the Interior.
(5) Remedial action.--The term ``remedial action'' has the
meaning given such term in section 101(24) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601(24)).
(6) Removal.--The term ``removal'' has the meaning given
such term in section 101(23) of such Act (42 U.S.C. 9601(23)).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. ESTABLISHMENT OF STEAMTOWN NATIONAL HISTORIC SITE.
(a) In General.--
(1) Establishment.--In order to preserve and interpret
certain elements of railroading, especially steam-operated
railroads that were in operation during the period of 1850 to
1950, there is hereby established the Steamtown National
Historic Site.
(2) Purposes.--The purposes of the historic site shall
include providing for the interpretation of--
(A) the evolution of railroads; and
(B) the impact of railroads on the development of
the United States,
including technological, economic, social, and political
effects and the relationship of railroads to the
industrialization of the United States.
(b) Description of Site.--The historic site shall consist of the
lands and interests in lands within the area generally depicted on the
map entitled ``Boundary Map, Steamtown National Historic Site'',
numbered STTO-80,000 and dated September 1986. The map shall be on file
and available for public inspection in the offices of the National Park
Service. Except by act of Congress, no revisions may be made in the
boundary of the historic site.
(c) Repeal of Superseded Law.--The Steamtown National Historical
Site Act of 1986 (the twelfth proviso in the paragraph relating to the
operation of the national park system (including transfer of funds)
under the heading ``National Park Service'' in title I of the
Department of the Interior and Related Agencies Appropriations Act,
1987, which was enacted in identical forms in section 101(h) of Public
Law 99-500 and section 101(h) of Public Law 99-591; 100 Stat. 1783-248
and 100 Stat. 3341-248), is repealed.
SEC. 4. ADMINISTRATION OF STEAMTOWN NATIONAL HISTORIC SITE.
(a) In General.--The Secretary of the Interior shall administer the
historic site in accordance with this Act and any other provision of
law generally applicable to units of the national park system,
including the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (39 Stat.
535; 16 U.S.C. 1, 2, 3, and 4) and the Act 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.).
(b) Comprehensive General Management Plan.--Not later than
September 30, 1995, the Secretary shall prepare and submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Interior and Insular Affairs of the House of
Representatives a new comprehensive general management plan for the
historic site. The plan shall be consistent with this Act, section 12
of Public Law 91-383 (16 U.S.C. 1a-7), and any other applicable
provision of law.
SEC. 5. ACQUISITION OF LAND.
(a) In General.--The Secretary may acquire lands or interests in
land within the boundaries of the historic site only by--
(1) donation; or
(2) purchase with donated funds.
(b) Prohibition on Acquisition of Contaminated Lands.--
(1) In general.--The Secretary may not acquire any land or
interest in land to serve the purposes of the historic site
unless such lands are not contaminated with a hazardous
substance for which a removal or remedial action at the expense
of the United States is required under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(2) Reimbursement.--
(A) In general.--Before the Secretary may accept
title to any lands to further the purposes of the
historic site, the Secretary shall seek reimbursement
of any funds expended by the National Park Service,
prior to the date of the enactment of this Act, on a
removal or remedial action with respect to any
contamination of lands within the boundaries of the
historic site under applicable provisions of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(B) Crediting of reimbursement.--Any amount
received as reimbursement under subparagraph (A) shall
be credited to miscellaneous receipts in the Treasury.
(C) Treatment of certain funds expended for a
removal or remedial action.--After the full amount of a
reimbursement made pursuant to subparagraph (A) is
credited pursuant to subparagraph (B), the amount
expended by the National Park Service with respect to
which the reimbursement was made shall not be treated
as amounts expended for development with respect to the
limitation under section 8(b).
SEC. 6. PARK SERVICE ACTIVITIES.
(a) In General.--The Secretary shall take such action as is
necessary and appropriate to--
(1) administer the historic site;
(2) interpret, for the public, the significance of the
resources of the site and the history of the site; and
(3) provide essential services for the public at the
historic site.
(b) Preservation of Collection of Railroad Equipment.--
(1) Existing collection.--Subject to paragraph (2), the
Secretary shall preserve the collection of railroad equipment,
including locomotives and rolling stock, that is present at the
historic site as of the date of enactment of this Act. The
Secretary may also preserve such equipment and essential
machinery as are necessary for the maintenance of the
locomotives and rolling stock.
(2) Acquisition of additional equipment.--The Secretary may
acquire by exchange or purchase, appropriate examples of
locomotives and rolling stock to enhance the collection of
railroad equipment at the historic site if--
(A) the Secretary takes such action as is necessary
to ensure that the total number of locomotives and
rolling stock in the collection of railroad equipment
does not increase as a result of the exchange or
purchase; and
(B) the exchange or purchase is carried out in a
manner consistent with the general management plan for
the historic site.
(c) Cost-Sharing.--The Secretary shall, to the extent practicable,
seek donations and assistance from volunteers and carry out other cost-
sharing measures to restore the locomotives and rolling stock in the
collection of railroad equipment.
(d) Preservation of Artifact Collection and Archival Materials.--
The Secretary shall take such action as is necessary to preserve the
artifact collection and archival materials located at the historic
site.
(e) Prohibition.--No Federal funds may be expended to provide
access between the historic site and any structure that is privately
owned and operated for profit.
(f) Excursions.--To the extent that providing regular excursions
with appropriate interpretation under this subsection furthers public
understanding of the matters described in section 3(a)(2), the
Secretary may provide regular excursions with appropriate
interpretation between Scranton, Pennsylvania, and Moscow,
Pennsylvania. To carry out the excursions, the Secretary may provide
essential visitor services at Moscow, Pennsylvania.
(g) Use of Funds for the Restoration of Tracks, Bridges, or
Tunnels.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may not expend funds made available to the National
Park Service for the restoration or maintenance of tracks,
bridges, or tunnels located outside the historic site.
(2) Exception.--
(A) Restoration pursuant to cooperative agreement
with owner.--If the Secretary and the owner of the
tracks and bridges between the historic site and
Moscow, Pennsylvania, enter into a cooperative
agreement described in subparagraph (B), the Secretary
may expend funds described in subparagraph (C) for
restoring and maintaining such tracks and bridges.
(B) Cooperative agreement described.--A cooperative
agreement referred to in subparagraph (A) is a
cooperative agreement that--
(i) provides for the Secretary to restore
and maintain such tracks and bridges; and
(ii) permits the National Park Service to
use such tracks and bridges for excursions
authorized under subsection (f).
(C) Funds described.--The funds referred to in
subparagraph (A) are funds that--
(i) were appropriated to the Secretary
before November 15, 1991; and
(ii) remain available for obligation.
(3) Track usage fees.--If the Secretary enters into an
agreement to use tracks and bridges pursuant to paragraph (2),
the Secretary may pay customary and appropriate track usage
fees.
(h) Excursion Fees.--Excursion fees charged for any rail excursion
carried out by the Secretary pursuant to this section shall be
established at a level that ensures that, at a minimum, 75 percent of
the costs of maintenance, personnel, and equipment for the excursion
shall be covered by amounts collected as user fees.
(i) Bridge 60.--The Secretary may assist the owner of Bridge 60 and
Bridge 60 Wye (as defined and determined by the Secretary) with track
and switch rehabilitation to facilitate activities associated with the
historic site.
SEC. 7. ADVISORY COMMITTEE.
(a) Establishment.--There is established the Steamtown National
Historic Site Advisory Committee.
(b) Purposes.--The purposes of the Advisory Committee are as
follows:
(1) To provide the Secretary with a readily available
source of professional expertise in railroad management and
history.
(2) To advise the Secretary in the development and
operation of the historic site.
(c) Membership.--The Advisory Committee shall be composed of 11
members who shall be appointed by the Secretary, as follows:
(1) Two members shall be individuals with recognized
expertise in the operation of historic railways.
(2) Two members shall be individuals with recognized
expertise in the operation of commercial railways.
(3) Two members shall be historians with recognized
expertise in the history of technology.
(4) Two members shall be historians with recognized
expertise in social history.
(5) Three members shall be representatives of the general
public.
(d) Terms.--Each member shall serve for a term of 3 years. A member
of the Advisory Committee may continue to serve as a member after the
expiration of the member's term until a successor is appointed.
(e) Chairperson.--The Advisory Committee shall select a Chairperson
from among its members.
(f) Duties of the Secretary.--The Secretary, or a designee of the
Secretary, shall from time to time, but at least semiannually, meet and
consult with the Advisory Committee on matters relating to the
management and development of the historic site.
(g) Initial Meeting.--Not later than 30 days after the date on
which all members of the Advisory Committee have been appointed, the
Chairperson shall convene the Advisory Committee.
(h) Meetings.--
(1) In general.--The Advisory Committee shall meet at the
call of the Chairperson.
(2) Frequency of meetings.--The Advisory Committee shall
meet at least 3 times during each year.
(3) Quorum.--A majority of the members of the Advisory
Committee shall constitute a quorum.
(i) Compensation.--Members of the Advisory Committee shall serve
without compensation, except the Secretary may, on receipt of a voucher
approved by the Chairperson, pay expenses reasonably incurred in the
performance of duties of the Committee.
(j) Termination of Advisory Committee.--The Advisory Committee
shall terminate 10 years after the date of enactment of this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to the limitations under subsections (b)
and (c), there are authorized to be appropriated to the Department of
the Interior such sums as are necessary to carry out this Act.
(b) Limitation of Expenditures for Development.--The aggregate
amount of funds expended by the Department of the Interior after
September 30, 1986, for the development of the historic site may not
exceed $58,000,000.
(c) Limitation of Expenditures of Funds.--No funds made available
to the Department of the Interior from Federal sources may be expended
with respect to the historic site for a purpose other than a purpose
specified in section 6 and in section 7(h). | Steamtown National Historic Site Act of 1994 - Repeals the Steamtown National Historic Site Act of 1986 and sets forth new provisions establishing the Steamtown National Historic Site to preserve and interpret certain elements of railroading, especially steam-operated railroads during the period of 1850 to 1950.
Directs the Secretary of the Interior to prepare and submit a new comprehensive general management plan for the Site to specified congressional committees.
Prohibits the Secretary from acquiring any lands or interests in lands contaminated with hazardous substances that would require removal or remedial action at the expense of the United States. Requires the Secretary to seek reimbursement of any funds expended by the National Park Service for such purpose prior to enactment of this Act before the Secretary may accept title to such lands for the Site.
Directs the Secretary to preserve the collection of railroad equipment (including locomotives and rolling stock) present at the Site as of enactment of this Act. Authorizes the Secretary to acquire additional examples of locomotives and rolling stock if action is taken to ensure that the total number in the collection does not increase.
Requires the Secretary to preserve the artifact collection and archival materials located at the Site.
Prohibits Federal funds from being expended for access between the Site and any structure that is privately-owned or operated for profit.
Authorizes the Secretary to provide regular excursions with appropriate interpretation between Scranton, Pennsylvania, and Moscow, Pennsylvania. Authorizes the Secretary to pay customary and appropriate track usage fees. Prohibits the Secretary from expending funds of the National Park Service for the restoration or maintenance of tracks, bridges, or tunnels outside the Site, except certain funds appropriated before November 15, 1991.
Establishes the Steamtown National Historic Site Advisory Committee to provide the Secretary with a readily available source of professional expertise in railroad management and history and to advise in the development and operation of the Site.
Authorizes appropriations. Limits: (1) expenditures for the development of the Site after FY 1986; and (2) expenditures for the Site to specified activities. | {"src": "billsum_train", "title": "Steamtown National Historic Site Act of 1994"} | 3,003 | 447 | 0.600196 | 1.8739 | 0.855911 | 3.987147 | 6.868895 | 0.912596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women Veterans Health Improvements
Act of 1993''.
SEC. 2. HEALTH CARE SERVICES FOR WOMEN.
(a) Ensuring Provision of Services.--The Secretary of Veterans
Affairs shall ensure that each health-care facility under the direct
jurisdiction of the Secretary is able, through services made available
either by individuals appointed to positions in the Veterans Health
Administration or under contracts or other agreements made under
section 7409, 8111, or 8153 of title 38, United States Code, or title
II of Public Law 102-585, to provide in a timely and appropriate manner
the health care services authorized in section 106 of Public Law 102-
585 to any veteran described in section 1710(a)(1) of title 38, United
States Code, who is eligible for such services.
(b) Routine Health Care Services.--The Secretary shall ensure that
each health-care facility under the direct jurisdiction of the
Secretary that serves a catchment area in which the number of women
veterans described in section 1710(a)(1) of title 38, United States
Code, makes it cost effective to do so shall provide routine health-
care services described in subsection (a) directly (rather than by
contract or other agreement). The Secretary shall ensure that each such
facility is provided appropriate equipment, facilities, and staff to
carry out the preceding sentence and to ensure that the quality of care
provided under the preceding sentence is in accordance with
professional standards.
(c) Conforming Repeal.--Section 302 of the Veterans' Health Care
Amendments of 1983 (Public Law 98-160; 97 Stat. 1004; 38 U.S.C. 1701
note) is repealed.
SEC. 3. MAMMOGRAPHY QUALITY STANDARDS.
(a) Performance of Mammograms.--Mammograms may not be performed at
a Department of Veterans' Affairs facility unless that facility is
accredited for that purpose by a private nonprofit organization
designated by the Secretary of Veterans Affairs. The organization
designated by the Secretary under this subsection shall meet the
standards for accrediting bodies established under section 354(c) of
the Public Health Service Act (42 U.S.C. 263b(e)).
(b) Quality Standards.--During the 120-day period beginning on the
date on which the Secretary of Health and Human Services prescribes
quality standards under section 354(f) of the Public Health Service Act
(42 U.S.C. 263b(f)), the Secretary of Veterans Affairs, in consultation
with the Secretary of Health and Human Services, shall prescribe
quality assurance and quality control standards relating to the
performance and interpretation of mammograms and use of mammogram
equipment and facilities of the Department of Veterans Affairs
consistent with the requirements of section 354(f)(1) (42 U.S.C.
263b(f)(1)) of the Public Health Service Act.
(c) Inspection of Department Equipment.--The Secretary of Veterans
Affairs, to ensure compliance with the standards prescribed under
subsection (b), shall provide for periodic inspection of the equipment
and facilities used by and in Department of Veterans Affairs health
care facilities for the performance of mammograms.
(d) Application of Standards to Contract Providers.--The Secretary
of Veterans Affairs shall ensure that mammograms performed for the
Department of Veterans Affairs under contract with any non-Federal
facility or provider conform to the quality standards prescribed by the
Secretary of Health and Human Services under section 354 of the Public
Health Service Act.
(e) Report.--(1) The Secretary of Veterans Affairs shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the Secretary's implementation of this
section.
(2) The report shall be submitted not later than 120 days after the
date on which the Secretary prescribes the standards required under
subsection (b).
(f) Definition.--For the purposes of this section, the term
``mammogram'' shall have the meaning given such term in section
354(a)(5) of the Public Health Service Act (42 U.S.C. 263b(a)).
SEC. 4. SEXUAL TRAUMA COUNSELING.
(a) Section 1720D(a) of title 38, United States Code, is amended--
(1) by striking out ``December 31, 1995'' in paragraph (1)
and inserting in lieu thereof ``December 31, 1996'';
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2) and
striking out ``December 31, 1994'' in that paragraph and
inserting in lieu thereof ``December 31, 1995''.
(b) Section 102(b) of the Veterans Health Care Act of 1992 (Public
Law 102-585; 106 Stat. 4946; 38 U.S.C. 1720D note) is repealed.
SEC. 5. COORDINATORS OF WOMEN'S SERVICES.
(a) Full-Time Status.--Section 108 of the Veterans Health Care Act
of 1992 (Public Law 102-585; 106 Stat. 4948; 38 U.S.C. 1710 note) is
amended--
(1) by inserting ``(a)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(b) Each official who serves in the position of coordinator of
women's services under subsection (a) shall serve in such position on a
full-time basis.''.
(b) Empowerment.--The Secretary of Veterans Affairs shall take
appropriate actions to ensure that the coordinator of women's services
at each facility of the Veterans Health Administration is able to carry
out the responsibilities of a coordinator in ensuring that women
veterans receive quality medical care and, to the extent practicable,
have equal access to Veterans Administration facilities.
SEC. 6. PATIENT PRIVACY.
(a) Identification of Deficiencies.--The Secretary of Veterans
Affairs shall conduct a survey of each medical center under the
jurisdiction of the Secretary to identify deficiencies relating to
patient privacy afforded to women patients in the clinical areas at
each such center which may interfere with appropriate treatment of such
patients.
(b) Correction of Deficiencies.--The Secretary shall ensure that
plans to correct the deficiencies identified in the survey conducted
under subsection (a) are developed and are incorporated into the
Department's construction planning processes and given a high priority.
(c) Reports to Congress.--The Secretary shall compile an annual
inventory, by medical center, of deficiencies identified under
subsection (a) and of plans to correct such deficiencies. The Secretary
shall submit to the Committees on Veterans' Affairs of the Senate and
the House of Representatives, not later than October 1, 1994, and not
later than October 1 each year thereafter through 1996 a report on such
deficiencies. The Secretary shall include in such report the inventory
compiled by the Secretary, the proposed corrective plans, and the
status of such plans. | Women Veterans Health Improvements Act of 1993 - Directs the Secretary of Veterans Affairs to ensure that each health care facility under the jurisdiction of the Department of Veterans Affairs is able to provide in a timely and appropriate manner all authorized health care services to women veterans. Requires the provision of direct Department care (rather than by contract or other agreement) for women veterans in an area in which the number of such veterans makes it cost effective to do so.
Prohibits mammograms from being performed at a Department facility unless such facility is accredited for such purpose by a private nonprofit organization designated by the Secretary. Directs the Secretary to prescribe mammogram quality assurance and control standards and to perform periodic inspection of Department mammogram equipment and facilities. Requires the Secretary to ensure that such standards are equally applied to non-Federal facility or contractual providers of such services.
Extends through 1996 the authority for the provision of counseling to women veterans for sexual trauma.
Amends the Veterans Health Care Act of 1992 to require each coordinator of women's services to serve in such position on a full-time basis. Requires the Secretary to ensure that such coordinators are fully able to carry out their responsibilities and provide women veterans with equal access to Department facilities. Directs the Secretary to: (1) conduct a survey to identify deficiencies relating to women patient privacy in Department medical centers; (2) correct any such deficiencies; and (3) report to the Congress. | {"src": "billsum_train", "title": "Women Veterans Health Improvements Act of 1993"} | 1,529 | 312 | 0.621262 | 1.899728 | 0.821996 | 2.860215 | 4.849462 | 0.903226 |
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