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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Adjustment Assistance
Accountability Act of 2011''.
SEC. 2. AMENDMENTS TO TRADE ADJUSTMENT ASSISTANCE PROGRAM.
(a) Extension of Assistance Program for Workers.--Section 245(a) of
the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking
``October 1, 2001, and ending December 31, 2007'' and inserting
``February 13, 2011, and ending September 30, 2014''.
(b) Notice to Petitioner of Initiation of Investigation.--Section
221(a)(3) of the Trade Act of 1974 (19 U.S.C. 2271(a)(3)) is amended by
adding at the end the following: ``The Secretary shall also send
written or electronic notification of the receipt of the petition and
the initiation of the investigation directly to the petitioner.''.
(c) Procedural Matters.--
(1) Basis for secretary's determination.--Section 222 of
the Trade Act of 1974 (19 U.S.C. 2272) is amended by adding at
the end the following:
``(d) Basis for Secretary's Determinations.--
``(1) In general.--The Secretary shall, in determining
whether to certify a group of workers under section 223, obtain
from the workers' firm, a customer of the workers' firm, or the
petitioner, information that the Secretary determines to be
necessary to make the certification, through questionnaires and
in such other manner as the Secretary determines appropriate.
``(2) Additional information.--The Secretary may seek
additional information to determine whether to certify a group
of workers under subsection (a) or (b)--
``(A) by contacting--
``(i) officials or employees of the
workers' firm;
``(ii) officials of customers of the
workers' firm;
``(iii) officials of certified or
recognized unions or other duly authorized
representatives of the group of workers; or
``(iv) one-stop operators or one-stop
partners (as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C.
2801));
``(B) by reviewing all certifications or denials of
petitions for trade adjustment assistance within the
same industry as the petitioner and considering the
impact of trade on those determinations; or
``(C) by using other available sources of
information.
``(3) Verification of information.--
``(A) Certification.--The Secretary shall require a
firm or customer to certify--
``(i) all information obtained under
paragraph (1) from the firm or customer (as the
case may be) through questionnaires; and
``(ii) all other information obtained under
paragraph (1) from the firm or customer (as the
case may be) on which the Secretary relies in
making a determination under section 223,
unless the Secretary has a reasonable basis for
determining that such information is accurate
and complete without being certified.
``(B) Protection of confidential information.--The
Secretary may not release information obtained under
paragraph (1) that the Secretary considers to be
confidential business information unless the firm or
customer (as the case may be) submitting the
confidential business information had notice, at the
time of submission, that the information would be
released by the Secretary, or the firm or customer (as
the case may be) subsequently consents to the release
of the information. Nothing in this subparagraph shall
be construed to prohibit the Secretary from providing
such confidential business information to a court in
camera or to another party under a protective order
issued by a court.
``(C) Review of information.--If the petition for
certification is denied and the petitioner appeals the
denial, the Secretary shall notify the petitioner of
any information submitted or certified as part of an
investigation that was adverse to the petitioner's
claim, and shall allow a petitioner to review any
documents not protected under subparagraph (B). The
petitioner shall be permitted an opportunity to submit
and certify a rebuttal to the information submitted by
the firm or firm's customer as an addendum to the
appeal, before the Secretary reviews the appeal.''.
(2) Determination of secretary.--Section 223(a) of the
Trade Act of 1974 is amended--
(A) by striking ``(a) As soon as possible'' and
inserting--
``(a) In General.--
``(1) Initial determinations.--As soon as possible''; and
(B) by adding at the end the following:
``(2) Notifications to petitioner.--Not later than 60 days
after a petition or appeal is filed, the Secretary shall
provide a written or electronic response to a written request
for information from the petitioner regarding the status of the
petition. The response shall include the current stage of the
investigation, details on outstanding requests for information
from the firm or firm's customer described in 222(e), any other
reason for the delay, and the expected date of the final
determination. Such notification shall be provided to the
petitioner not later than 21 days after it is received by the
Secretary.''.
(d) Conforming Amendments.--Section 285(a) of the Trade Act of 1974
is amended by striking ``December 31, 2007'' each place it appears and
inserting ``September 30, 2014''.
(e) Effective Date.--
(1) Extension of program.--The amendments made by
subsections (a) and (d) apply to petitions for certification of
eligibility for adjustment assistance under chapter 2 of title
II of the Trade Act of 1974 that are filed before, on, or after
the date of the enactment of this Act for such eligibility on
or after February 13, 2011.
(2) Procedural requirements.--The amendments made by
subsections (b) and (c) apply with respect to petitions for
certification of eligibility for adjustment assistance under
chapter 2 of title II of the Trade Act of 1974 that are filed
or after the date of the enactment of this Act. | Trade Adjustment Assistance Accountability Act of 2011 - Amends the Trade Act of 1974 to extend and authorize appropriations for the trade adjustment assistance (TAA) program for workers through FY2014.
Requires the Secretary of Labor, with respect to a petition for the certification of eligibility to apply for TAA for a group of workers adversely affected by import competition, to send written or electronic notification of the receipt of the petition, and the initiation of the investigation of such petition, directly to the petitioners.
Requires the Secretary to obtain from the workers' firm, a customer of the workers' firm, or the petitioner, through questionnaires and other appropriate means, information that the Secretary determines is necessary to certify a group of workers as eligible to apply for TAA. Authorizes the Secretary to seek additional information by: (1) contacting officials, employees, or customers of the workers' firm, as well as officials of certified or recognized unions or other duly authorized workers' representatives, or one-stop operators or partners; and (2) reviewing all certifications or denials of petitions for TAA within the same industry as the petitioner and considering the impact of trade on such determinations.
Requires the Secretary to notify the petitioner of any information submitted or certified as part of an investigation that was adverse to the petitioner's claim, as well as allow the petitioner to review any non-protected documents, in cases where the petition for certification has been denied and the petitioner appeals.
Requires the Secretary to provide a written or electronic response to a written request for information from the petitioner regarding the status of the petition at least 60 days after a petition or appeal is filed. | {"src": "billsum_train", "title": "To amend the Trade Act of 1974 with respect to the trade adjustment assistance program, and for other purposes."} | 1,366 | 370 | 0.68191 | 2.053378 | 0.89956 | 4.398119 | 3.858934 | 0.905956 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Media Campaign to Prevent
Underage Drinking Act of 2001''.
SEC. 2. DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF PUBLIC
HEALTH AND SCIENCE; PROGRAM FOR NATIONAL MEDIA CAMPAIGN
TO PREVENT UNDERAGE DRINKING.
Title XVII of the Public Health Service Act is amended by adding at
the end the following section:
``national media campaign to prevent underage drinking
``Sec. 1711. (a) Requirement To Conduct a National Media
Campaign.--
``(1) In general.--The Secretary shall develop, implement,
and conduct a national media campaign in accordance with this
section for the purpose of reducing and preventing underage
drinking in the United States.
``(2) Administration.--The Secretary shall carry out this
section through the Office of Public Health and Science and in
consultation with the Surgeon General of the Public Health
Service.
``(3) Based on science.--The Secretary shall develop,
implement, and conduct the national media campaign based upon
reputable academic and scientific research on youth attitudes
and the prevalence of underage drinking in the United States,
as well as on the science and research on mass media prevention
campaigns.
``(4) Supplement; not supplant.--In developing,
implementing, and conducting the national media campaign, the
Secretary shall supplement (and not supplant) existing efforts
by State, local, private, and nonprofit entities to reduce and
prevent underage drinking in the United States and shall
coordinate with other Federal agencies and departments,
including the Centers for Disease Control and Prevention, the
National Institute on Alcohol Abuse and Alcoholism, the
Substance Abuse and Mental Health Services Administration, the
National Institute on Drug Abuse, the Department of Justice,
the Department of Transportation, and the Office of National
Drug Control Policy.
``(5) Targeting.--The Secretary shall, to the maximum
extent feasible, use amounts available under subsection (e) for
media that focuses on, or includes specific information on,
prevention or treatment resources for consumers within specific
geographic local areas. The Secretary shall ensure that the
national media campaign includes messages that are language-
appropriate and culturally competent to reach minority groups.
``(b) Use of Funds.--
``(1) Advertising.--Of the amounts available under
subsection (e), the Secretary shall devote sufficient funds to
the advertising portion of the national media campaign to meet
the stated reach and frequency goals of the campaign.
``(2) Authorized uses.--
``(A) In general.--Amounts available under
subsection (e) for the national media campaign may only
be used for the development of the campaign and--
``(i) the development of a comprehensive
strategy planning document;
``(ii) the purchase of media time and
space;
``(iii) talent reuse payments;
``(iv) out-of-pocket advertising production
costs;
``(v) testing and evaluation of
advertising;
``(vi) evaluation of the effectiveness of
the media campaign; and
``(vii) the negotiated fees for the winning
bidder on request for proposals issued by the
Assistant Secretary for Health.
``(B) Certain uses.--In support of the primary goal
of developing, implementing and conducting an effective
advertising campaign, funds available under subsection
(e) may be used for--
``(i) partnerships with community, civic,
and professional groups, and government
organizations related to the media campaign;
and
``(ii) entertainment industry
collaborations to fashion underage-drinking
prevention messages in motion pictures,
television programming, popular music,
interactive (Internet and new) media projects
and activities, public information, news media
outreach, and corporate sponsorship and
participation.
``(3) Prohibitions.--None of the amounts available under
subsection (e) may be obligated or expended--
``(A) to supplant efforts of community-based
coalitions to reduce and prevent underage drinking;
``(B) to supplant current pro bono public service
time donated by national and local broadcasting
networks;
``(C) for partisan political purposes;
``(D) to fund media campaigns that feature any
elected officials, persons seeking elected office,
cabinet level officials, or other Federal officials
employed pursuant to section 213 of schedule C of title
5, Code of Federal Regulations, unless the Assistant
Secretary for Health provides advance notice to the
appropriations committees, the oversight committees,
and the appropriate authorizing committees of the House
of Representatives and the Senate; or
``(E) to fund or support advertising messages
bearing any company or brand logos or other identifying
corporate or trade information.
``(4) Matching requirement.--As a condition of each
purchase of media time or space for the national media
campaign, the Secretary shall require that the seller of the
time or space provide non-Federal contributions to the national
media campaign equal to 50 percent of the purchase price of the
time or space, which may be contributions of funds, or in-kind
contributions in the form of public service announcements
specifically directed to reducing and preventing underage
drinking.
``(c) Reports to Congress.--
``(1) Comprehensive strategy.--Not later than 6 months
after the date of the enactment of this section, the Secretary
shall develop and submit to the Congress a comprehensive
strategy that identifies the nature and extent of the problem
of underage drinking, the scientific basis for the strategy,
including a review of the existing scientific research, target
audiences, goals and objectives of the campaign, message points
that will be effective in changing attitudes and behavior, a
campaign outline and implementation plan, an evaluation plan,
and the estimated costs of implementation.
``(2) Annual reports.--The Secretary shall submit to the
Congress each year a report on the activities for which amounts
available under subsection (e) were obligated during the
preceding year, including information for each quarter of such
year, and on the specific parameters of the national media
campaign including whether the campaign is achieving identified
performance goals based on an independent evaluation.
``(3) Progress report.--Not later than one year after the
date of the enactment of this section, the Secretary shall
submit to the Congress a report on the progress of the national
media campaign based on measurable outcomes provided to the
Congress previously.
``(d) Definition.--For purposes of this section, the term `underage
drinking' means any consumption of alcoholic beverages by individuals
who have not attained the age at which (in the State involved) it is
legal to purchase such beverages.
``(e) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2002 through 2007.
``(2) Limitation regarding comprehensive strategy
activities.--Of the amounts appropriated under paragraph (1),
the Secretary may not expend more than $1,000,000 to carry out
subsection (c)(1).''. | National Media Campaign to Prevent Underage Drinking Act of 2001 - Directs the Secretary of Health and Human Services to develop, implement, and conduct a national media campaign for the purpose of reducing and preventing underage drinking in the United States. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for a national media campaign to reduce and prevent underage drinking in the United States."} | 1,544 | 54 | 0.662586 | 1.536696 | 0.878345 | 5.477273 | 33.363636 | 0.977273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dirty Bomb Prevention Act of 2002''.
SEC. 2. SEALED SOURCE SECURITY.
(a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following:
``SEC. 170C. SEALED SOURCE SECURITY.
``(a) Definitions.--In this section:
``(1) Sealed source.--
``(A) In general.--The term `sealed source' means a
byproduct material or special nuclear material licensed
by the Nuclear Regulatory Commission that is sealed in
a container designed to prevent leakage of the
byproduct material or special nuclear material from the
container.
``(B) Exclusion.--The term `sealed source' does not
include fuel or spent fuel.
``(2) Security threat.--The term `security threat' means--
``(A) a threat of sabotage or theft of a sealed
source;
``(B) a threat of use of a sealed source in a
radiological dispersal device; and
``(C) any other threat of terrorist or other
criminal activity involving a sealed source that could
harm the health or safety of the public.
``(3) Task force.--The term `task force' means the task
force on sealed source security established by subsection
(b)(1).
``(b) Task Force on Sealed Source Security.--
``(1) Establishment.--There is established a task force on
sealed source security.
``(2) Membership.--The task force shall be composed of--
``(A) the Chairman of the Nuclear Regulatory
Commission, who shall act as chairperson of the task
force;
``(B) the Secretary of Energy;
``(C) the Secretary of Transportation;
``(D) the Attorney General;
``(E) the Secretary of State;
``(F) the Secretary of Homeland Security;
``(G) the Director of the Central Intelligence
Agency;
``(H) the Director of the Federal Emergency
Management Agency; and
``(I) the Director of the Federal Bureau of
Investigation.
``(c) Duties.--
``(1) In general.--The task force shall--
``(A) evaluate the security of sealed sources
against security threats; and
``(B) identify administrative and legislative
actions to be taken to provide the maximum practicable
degree of security against security threats.
``(2) Participation.--In carrying out paragraph (1), the
task force shall solicit, and give due consideration to, the
views of--
``(A) other Federal agences and State and local
agencies; and
``(B) stakeholders, persons in industry and
academia with relevant expertise, and the public.
``(3) Considerations.--In carrying out paragraph (1), the
task force shall consider administrative and legislative
actions to--
``(A) establish a classification system for sealed
sources that--
``(i) is based on the potential for use by
terrorists of sealed sources and the extent of
the threat to public health and safety posed by
that potential; and
``(ii) takes into account--
``(I) radioactivity levels of
sealed sources;
``(II) the dispersibility of sealed
sources;
``(III) the chemical and material
form of sealed sources; and
``(IV) other appropriate factors;
``(B) establish a national system for recovery of
sealed sources that are lost or stolen, taking into
account the classification system established under
subparagraph (A);
``(C) provide for the storage of sealed sources not
currently in use in a safe and secure manner;
``(D) establish a national tracking system for
sealed sources, taking into account the classification
system established under subparagraph (A);
``(E) establish--
``(i) a national system to impose fees to
be collected from users of sealed sources, to
be refunded when the sealed sources are
returned or properly disposed of; or
``(ii) any other method to ensure the
return or proper disposal of sealed sources;
``(F) modify export controls on sealed sources
necessary to ensure that foreign recipients of sealed
sources are willing and able to control sealed sources
that originate in the United States in the same manner
as recipients in the United States; and
``(G) establish procedures to improve the security
of sealed sources in use, transportation, and storage.
``(4) Procedures to improve security.--The actions to
improve the security of sealed sources under paragraph (3)(G)
may include--
``(A) periodic audits or inspections by the
Commission to ensure that sealed sources are properly
secured and can be fully accounted for;
``(B) evaluation by the Commission of security
measures taken by persons that possess sealed sources;
``(C) imposition of increased fines for violations
of regulations relating to security and safety measures
applicable to licensees that possess sealed sources;
``(D) conduct of background checks on individuals
with access to sealed sources;
``(E) measures to ensure the physical security of
facilities that contain sealed sources; and
``(F) screening of shipments of sealed sources to
facilities that are particularly at risk for sabotage
to ensure that the shipments do not contain explosives.
``(5) Report.--Not later than 90 days after the date of
enactment of this section, and not less frequently than once
every 3 years thereafter, the task force shall submit to the
President and Congress a report in unclassified form (with a
classified annex, if necessary) describing the administrative
and legislative actions identified under paragraph (1)(B).
``(d) Administrative Action.--Not later than 60 days after the date
of submission of the report under subsection (c)(5), the Commission
shall take such actions as are necessary to--
``(1) revise the system for licensing sealed sources to
adopt all of the administrative measures identified in the
report that are within the authority of the Commission to
adopt; and
``(2) ensure that States that have entered into an
agreement under section 274b. establish compatible programs in
a timely manner.
``(e) National Academy of Sciences Study.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the Commission shall enter into an
arrangement with the National Academy of Sciences for a study
of--
``(A) the industrial, research, and commercial uses
of sealed sources; and
``(B) means of developing alternatives to the use
of sealed sources.
``(2) Requirements.--In carrying out paragraph (1), the
National Academy of Sciences shall--
``(A) review the current uses of sealed sources;
and
``(B) identify industrial processes and other
processes that use sealed sources that could be
replaced with economically and technically equivalent,
or improved, processes that do not require the use of
sealed sources.
``(3) Report.--Not later than 1 year after the date of
enactment of this section, the Commission shall transmit to
Congress the report of the National Academy of Sciences on the
results of the study.''.
(b) Conforming and Technical Amendment.--The table of contents of
the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by
inserting after the item relating to section 170A the following:
``Sec. 170B. Uranium supply.
``Sec. 170C. Sealed source security.''. | Dirty Bomb Prevention Act of 2002 - Amends the Atomic Energy Act of 1954 to establish a task force on sealed source security to: (1) evaluate threats against the security of sealed sources of radioactive material; and (2) identify actions that would provide optimum security against such threats.Defines "sealed sources" as a byproduct material or special nuclear material (excluding fuel or spent fuel) licensed by the Nuclear Regulatory Commission that is sealed in a container designed to prevent leakage of the byproduct material or special nuclear material from the container.Sets forth actions for consideration by the task force. | {"src": "billsum_train", "title": "A bill to amend the Atomic Energy Act of 1954 to establish a task force to identify legislative and administrative action that can be taken to ensure the security of sealed sources of radioactive material, and for other purposes."} | 1,697 | 130 | 0.70228 | 1.848375 | 0.617308 | 4.035398 | 14.20354 | 0.902655 |
SECTION 1. FINDINGS.
(a) The Congress makes the following findings:
(1) The free exchange of ideas and information through
modern, reliable telecommunications equipment fosters the
development of democratic institutions, the promotion of free
market economic reforms, and the facilitation of international
commerce.
(2) Exports of advanced telecommunications equipment and
technology contribute to the United States economic
competitiveness and high-skill, high-wage jobs in the United
States.
(3) Export restrictions on telecommunications equipment and
technology are outdated, controlling the export of equipment
and technology that is more than 10 years old and has over 15
times less capacity than similar equipment and technology in
use today in the United States.
(4) Foreign availability of telecommunications equipment
and technology exists both from countries that do not belong to
or cooperate with the Coordinating Committee for Multilateral
Export Controls, and from within countries to which exports of
such equipment and technology are controlled by agreement of
the Coordinating Committee.
SEC. 2. EXPORT CONTROLS ON TELECOMMUNICATIONS.
(a) In General.--Section 5(c) of the Export Administration Act of
1979 (50 U.S.C. App. 2404(c)) is amended by adding at the end the
following:
``(8)(A) The Secretary shall, not later than 30 days after
the date of the enactment of this paragraph, propose to COCOM
or to its successor export control regime, and to any other
export control regime which maintains controls on
telecommunications equipment and technology, that exports of
telecommunications equipment and telecommunications technology
for civil and uses shall not require a validated license or
reexport authorization for export or reexport to any of the
republics of the former Soviet Union, the People's Republic of
China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania,
Albania, Estonia, Lithuania, or Latvia.
``(B) For the purposes of this paragraph--
``(i) the term `telecommunications equipment'
includes--
``(I) telephone switching systems and
stored program controlled communications
switching systems, including related features
and components that provide services and
management of telecommunications networks;
``(II) telecommunications transmission
equipment;
``(III) microwave, light wave, and other
radio relay, transmitting, or test equipment,
and related components and accessories;
``(IV) telecommunications cables and
components, including optical fibers and
optical fiber cables;
``(V) equipment containing frequency
synthesizers when used in land-based mobile
communications systems;
``(VI) equipment described in any of
clauses (I) through (V), or any other
telecommunications equipment, that contains
lasers;
``(VII) computer hardware and application
specific software which are related to any of
the items described in clauses (I) through (V)
and are required for data communications;
``(VIII) all spare parts, components, and
measuring or test equipment related to any of
the items described in clauses (I) through
(VII); and
``(IX) any other equipment controlled by
Parts I or II of Category 5 of the Commerce
Control List as of July 1, 1993;
``(ii) the term `telecommunications technology'
means technology related to telecommunications
equipment, including technology for the production,
development, and use of telecommunications equipment;
``(iii) the term `telecommunications networks'
includes local area, intracity, intercity, and
international telecommunications networks; and
``(iv) the term `telecommunications' means voice,
video, and data communications over any public or
private network or broadcasting system, and services
related to such communications.
``(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the Speaker of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report certifying that the proposal
required by section 5(c)(8) of the Export Administration Act of 1979
(as added by subsection (a) of this section) has been made to the
members of the Coordinating Committee or to its successor export
control regime, and to any other export control regime which maintains
controls on telecommunications equipment and technology, and outlining
the plans to gain the concurrence of the other members of the Committee
or the appropriate regime in the proposal.''. | Directs the Secretary of Commerce to propose to the Coordinating Committee for Multilateral Export Controls (COCOM) (or to its successor export control regime), and to any other export control regime which maintains controls on telecommunications equipment and technology, that exports of telecommunications technology for civil end uses shall not require a validated license or reexport authorization for export or reexport to any of the republics of the former Soviet Union, China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, or Latvia.
Requires the President to submit to specified congressional committees a report that certifies that such proposal was made and that outlines plans to gain the concurrence of other members of COCOM or the appropriate regime in the proposal. | {"src": "billsum_train", "title": "A bill to liberalize controls on the export of telecommunications equipment and technology in order to promote democracy and free communication and enhance economic competitiveness."} | 973 | 169 | 0.567241 | 1.908828 | 0.879964 | 6.185714 | 6.507143 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lechuguilla Cave Protection Act of
1993''.
SEC. 2. FINDINGS.
Congress finds that Lechuguilla Cave and other significant cave
resources of Carlsbad Caverns National Park and adjacent public lands
in the cave protection area have internationally significant
scientific, environmental, and other values, and should be retained in
public ownership and protected against adverse effects of mineral
exploration and development and other activities presenting threats to
the areas.
SEC. 3. DEFINITIONS
As used in this Act (except as otherwise specified in this Act):
(1) Cave protection area.--The term ``cave protection
area'' means the lands within the area depicted on the map
referred to in section 4(b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Other terms.--All other terms, including the term
``public lands'', shall have the same meaning as the terms have
in the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
SEC. 4. LAND WITHDRAWAL.
(a) Withdrawal.--Subject to valid existing rights, the
approximately 6,280 acres of public lands within the boundaries of the
cave protection area that are subject to or may become subject to the
operation of the public land laws, are withdrawn from all forms of
appropriation or disposal under the public land laws (including the
mining and material disposal laws) and from the operation of the
mineral leasing and geothermal leasing laws.
(b) Land Description.--The lands referred to in subsection (a) are
the lands generally depicted on the map entitled ``Lechuguilla Cave
Protection Area'' dated April 1993 and filed in accordance with
subsection (c).
(c) Publication, Filing, Correction, and Inspection.--
(1) In general.--As soon as is practicable after the date
of enactment of this Act, the Secretary shall publish in the
Federal Register a notice containing the legal description of
the lands withdrawn under subsection (a) and shall file the
legal description and a detailed map of the lands referred to
in subsection (a) with the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(2) Force and effect.--The map and legal description
referred to in paragraph (1) shall have the same force and
effect as if included in this Act except that the Secretary may
correct clerical and typographical errors in the map and legal
description.
(3) Inspection.--Copies of the map and legal description
referred to in subsection (b) shall be available for public
inspection in the offices of the Director and appropriate State
Director of the Bureau of Land Management.
(d) Management.--The public lands withdrawn under subsection (a)
shall be managed by the Secretary, acting through the Director of the
Bureau of Land Management, pursuant to the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable
laws, including this Act.
SEC. 5. MANAGEMENT OF EXISTING LEASES.
(a) Suspension of New Drilling.--
(1) In general.--
(A) Prohibition.--The Secretary shall not permit
any new drilling on or involving any valid mineral or
geothermal leases within the lands withdrawn under
section 4.
(B) Suspension.--The Secretary shall require the
suspension of any activities with respect to mineral or
geothermal leases if the Secretary determines that to
do so is necessary to prevent an adverse impact on
Lechuguilla Cave or other significant cave resources of
Carlsbad Caverns National Park and the lands within the
cave protection area.
(2) Duration.--
(A) In general.--The prohibition on new drilling
imposed by the Secretary under paragraph (1) shall
remain in effect until the effective date of a record
of decision regarding the proposal to drill is analyzed
in the Dark Canyon Environmental Impact Statement, or
for 12 months after the date of enactment of this Act,
whichever occurs first.
(B) After prohibition period.--Nothing in this
subsection shall be construed to require the Secretary
to permit or prohibit new drilling after the period
specified in subparagraph (A).
(b) Negotiations.--
(1) Agreements for termination of leases.--During the
period specified in subsection (a)(2), the Secretary shall seek
the agreement of the holder of a valid existing mineral or
geothermal lease on the public lands withdrawn under section
4(a) for the termination of the lease or to such restrictions
on activities on lands covered by the lease as the Secretary
determines to be appropriate to protect Lechuguilla Cave and
the other significant cave resources of Carlsbad Caverns
National Park and the lands within the cave protection area.
The Secretary shall seek such agreement with due regard to the
value of the oil and gas resources which the owners thereof
will not be allowed to recover or produce.
(2) No agreement.--
(A) In general.--With respect to any lease for
which no agreement of the type described in paragraph
(1) has been reached at the end of the period specified
in subsection (a)(2), the Secretary shall take such
steps as the Secretary determines to be appropriate to
protect Lechuguilla Cave and the other significant cave
resources of Carlsbad Caverns National Park and the
lands within the cave protection area.
(B) Options.--The steps referred to in subparagraph
(A) may include acquisition of the lands covered by the
lease or other interests. In the event of an
acquisition, any lands or interests therein acquired by
the Secretary shall be managed pursuant to the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.) and other applicable laws, including this Act.
(3) Cooperation of other parties.--To the extent the
Secretary determines is desirable, the Secretary shall seek the
cooperation of the State of New Mexico and any other parties
owning lands within the cave protection area with respect to
such restrictions on the use of relevant lands owned by the
parties as the Secretary may suggest to further the protection
of Lechuguilla Cave and the other significant care resources of
Carlsbad Caverns National Park and the lands within the cave
protection area.
SEC. 6. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS.
(a) Additional Protection.--
(1) In general.--The Secretary shall take additional steps
to protect Lechuguilla Cave or the other significant cave
resources of Carlsbad Caverns National Park and the lands
within the cave protection area, if on the basis of scientific
analysis found by the Secretary to be relevant and credible,
the Secretary determines it is appropriate to do so.
(2) Limitations on access.--To the extent the Secretary
finds appropriate to protect Lechuguilla Cave and the other
significant cave resources of Carlsbad Caverns National Park or
the lands within the cave protection area, the Secretary may
limit or prohibit access to or across lands owned by the United
States or prohibit the removal from the lands any mineral,
geological, or cave resources except as the Secretary may
permit for scientific purposes.
(3) Insufficient authority.--If the Secretary determines
that existing law, including this Act, provides the Secretary
insufficient authority to take any step the Secretary
determines to be desirable to protect Lechuguilla Cave or other
significant cave resources of Carlsbad Caverns National Park or
the lands within the cave protection area, the Secretary shall
inform the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate concerning the additional authority the
Secretary believes to be necessary.
(b) Relation to Other Laws.--Nothing in this Act shall be construed
as increasing or diminishing the ability of any party to seek
compensation pursuant to any applicable law, including section 1491 of
title 28, United States Code (commonly referred to as the ``Tucker
Act''), or as precluding any defense or claim otherwise available to
the United States in connection with any action seeking compensation
from the United States. | Lechuguilla Cave Protection Act of 1993 - Withdraws the Lechuguilla Cave Protection Area, New Mexico, from all forms of appropriation or disposal under the public land, mining, and material disposal laws and from operation of mineral and geothermal leasing laws.
Prohibits the Secretary of the Interior from permitting any new drilling within the Protection Area until the earlier of the effective date of a record of decision regarding the proposal to drill analyzed in the Dark Canyon Environmental Impact Statement or 12 months after enactment of this Act. Directs the Secretary to suspend other activities under mineral or geothermal leases to prevent an adverse impact on significant cave resources of Carlsbad Caverns National Park and the Protection Area. Requires the Secretary to seek the agreement of the holder of a mineral or geothermal lease for termination of such lease or for restrictions on activities on covered lands to protect significant cave resources and, if an agreement is not reached, to take appropriate protective steps.
Directs the Secretary to take additional steps to protect significant cave resources of Carlsbad Caverns National Park and the Protection Area, such as limiting or prohibiting access to or across Federal lands or prohibiting removal of any mineral, geological, or cave resources except for scientific purposes. Requires the Secretary to inform specified congressional committees of the need of additional protection authority. | {"src": "billsum_train", "title": "Lechuguilla Cave Protection Act of 1993"} | 1,823 | 297 | 0.617051 | 1.919245 | 0.712586 | 3.285714 | 6.579592 | 0.918367 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Comprehensive
Tuberculosis Elimination Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES IN COORDINATION WITH
THE CENTERS FOR DISEASE CONTROL AND PREVENTION AND OTHER APPROPRIATE
AGENCIES
Subtitle A--National Strategy for Combating and Eliminating Tuberculosis
Sec. 101. National strategy.
Subtitle B--Interagency Collaboration
Sec. 111. Advisory Council for Elimination of Tuberculosis and the
Federal Tuberculosis Task Force .
Subtitle C--Evaluation of Public Health Authorities
Sec. 121. Evaluation of public health authorities.
Subtitle D--Authorization of Appropriations
Sec. 131. Authorizations of appropriations.
TITLE II--NATIONAL INSTITUTES OF HEALTH
Sec. 201. Research and development concerning tuberculosis.
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES IN COORDINATION WITH
THE CENTERS FOR DISEASE CONTROL AND PREVENTION AND OTHER APPROPRIATE
AGENCIES
Subtitle A--National Strategy for Combating and Eliminating
Tuberculosis
SEC. 101. NATIONAL STRATEGY.
Section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is
amended--
(1) by striking the heading for the section and inserting the
following: ``national strategy for combating and eliminating
tuberculosis'';
(2) by amending subsection (b) to read as follows:
``(b) Research and Development; Demonstration Projects; Education
and Training.--With respect to the prevention, treatment, control, and
elimination of tuberculosis, the Secretary may, directly or through
grants to public or nonprofit private entities, carry out the
following:
``(1) Research, with priority given to research and development
concerning latent tuberculosis infection, strains of tuberculosis
resistant to drugs, and research concerning cases of tuberculosis
that affect certain populations at risk for tuberculosis.
``(2) Research and development and related activities to
develop new tools for the elimination of tuberculosis, including
drugs, diagnostics, vaccines, and public health interventions, such
as directly observed therapy and non-pharmaceutical intervention,
and methods to enhance detection and response to outbreaks of
tuberculosis, including multidrug resistant tuberculosis. The
Secretary is encouraged to give priority to programmatically
relevant research so that new tools can be utilized in public
health practice.
``(3) Demonstration projects for--
``(A) the development of regional capabilities to prevent,
control, and eliminate tuberculosis and prevent multidrug
resistant and extensively drug resistant strains of
tuberculosis;
``(B) the intensification of efforts to reduce health
disparities in the incidence of tuberculosis;
``(C) the intensification of efforts to control
tuberculosis along the United States-Mexico border and among
United States-Mexico binational populations, including through
expansion of the scope and number of programs that--
``(i) detect and treat binational cases of
tuberculosis; and
``(ii) treat high-risk cases of tuberculosis referred
from Mexican health departments;
``(D) the intensification of efforts to prevent, detect,
and treat tuberculosis among foreign-born persons who are in
the United States;
``(E) the intensification of efforts to prevent, detect,
and treat tuberculosis among populations and settings
documented as having a high risk for tuberculosis; and
``(F) tuberculosis detection, control, and prevention.
``(4) Public information and education activities.
``(5) Education, training, clinical skills improvement
activities, and workplace exposure prevention for health
professionals, including allied health personnel and emergency
response employees.
``(6) Support of Centers to carry out activities under
paragraphs (1) through (4).
``(7) Collaboration with international organizations and
foreign countries in carrying out such activities.
``(8) Develop, enhance, and expand information technologies
that support tuberculosis control including surveillance and
database management systems with cross-jurisdictional capabilities,
which shall conform to the standards and implementation
specifications for such information technologies as recommended by
the Secretary.''; and
(3) in subsection (d), by adding at the end the following:
``(3) Determination of amount of nonfederal contributions.--
``(A) Priority.--In awarding grants under subsection (a) or
(b), the Secretary shall give highest priority to an applicant
that provides assurances that the applicant will contribute
non-Federal funds to carry out activities under this section,
which may be provided directly or through donations from public
or private entities and may be in cash or in kind, including
equipment or services.
``(B) Federal amounts not to be included as
contributions.--Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of non-Federal contributions as described in
subparagraph (A).''.
Subtitle B--Interagency Collaboration
SEC. 111. ADVISORY COUNCIL FOR ELIMINATION OF TUBERCULOSIS AND THE
FEDERAL TUBERCULOSIS TASK FORCE.
(a) In General.--Section 317E(f) of the Public Health Service Act
(42 U.S.C. 247b-6(f)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by striking paragraphs (2) through (4), and inserting the
following:
``(2) Duties.--The Council shall provide advice and
recommendations regarding the elimination of tuberculosis to the
Secretary. In addition, the Council shall, with respect to
eliminating such disease, provide to the Secretary and other
appropriate Federal officials advice on--
``(A) coordinating the activities of the Department of
Health and Human Services and other Federal agencies that
relate to the disease, including activities under subsection
(b);
``(B) responding rapidly and effectively to emerging issues
in tuberculosis; and
``(C) efficiently utilizing the Federal resources involved.
``(3) Comprehensive plan.--
``(A) In general.--In carrying out paragraph (2), the
Council shall make or update recommendations on the
development, revision, and implementation of a comprehensive
plan to eliminate tuberculosis in the United States.
``(B) Consultation.--In carrying out subparagraph (A), the
Council may consult with appropriate public and private
entities, which may, subject to the direction or discretion of
the Secretary, include--
``(i) individuals who are scientists, physicians,
laboratorians, and other health professionals, who are not
officers or employees of the Federal Government and who
represent the disciplines relevant to tuberculosis
elimination;
``(ii) members of public-private partnerships or
private entities established to address the elimination of
tuberculosis;
``(iii) members of national and international
nongovernmental organizations whose purpose is to eliminate
tuberculosis;
``(iv) members from the general public who are
knowledgeable with respect to tuberculosis elimination
including individuals who have or have had tuberculosis;
and
``(v) scientists, physicians, laboratorians, and other
health professionals who reside in a foreign country with a
substantial incidence or prevalence of tuberculosis, and
who represent the specialties and disciplines relevant to
the research under consideration.
``(C) Certain components of plan.--In carrying out
subparagraph (A), the Council shall, subject to the direction
or discretion of the Secretary--
``(i) consider recommendations for the involvement of
the United States in continuing global and cross-border
tuberculosis control activities in countries where a high
incidence of tuberculosis directly affects the United
States; and
``(ii) review the extent to which progress has been
made toward eliminating tuberculosis.
``(4) Biennial report.--
``(A) In general.--The Council shall submit a biennial
report to the Secretary, as determined necessary by the
Secretary, on the activities carried under this section. Each
such report shall include the opinion of the Council on the
extent to which its recommendations regarding the elimination
of tuberculosis have been implemented, including with respect
to--
``(i) activities under subsection (b); and
``(ii) the national plan referred to in paragraph (3).
``(B) Public.--The Secretary shall make a report submitted
under subparagraph (A) public.
``(5) Composition.--The Council shall be composed of--
``(A) ex officio representatives from the Centers for
Disease Control and Prevention, the National Institutes of
Health, the United States Agency for International Development,
the Agency for Healthcare Research and Quality, the Health
Resources and Services Administration, the United States-Mexico
Border Health Commission, and other Federal departments and
agencies that carry out significant activities related to
tuberculosis;
``(B) State and local tuberculosis control and public
health officials;
``(C) individuals who are scientists, physicians,
laboratorians, and other health professionals who represent
disciplines relevant to tuberculosis elimination; and
``(D) members of national and international nongovernmental
organizations established to address the elimination of
tuberculosis.''.
(b) Rule of Construction Regarding Current Membership.--With
respect to the advisory council under section 317E(f) of the Public
Health Service Act, the amendments made by subsection (a) may not be
construed as terminating the membership on such council of any
individual serving as such a member as of the day before the date of
the enactment of this Act.
(c) Federal Tuberculosis Task Force.--Section 317E of the Public
Health Service Act (42 U.S.C. 247b-6) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following subsection:
``(g) Federal Tuberculosis Task Force.--
``(1) Duties.--The Federal Tuberculosis Task Force (in this
subsection referred to as the `Task Force') shall provide to the
Secretary and other appropriate Federal officials advice on
research into new tools under subsection (b)(2), including advice
regarding the efficient utilization of the Federal resources
involved.
``(2) Comprehensive plan for new tools development.--In
carrying out paragraph (1), the Task Force shall make
recommendations on the development of a comprehensive plan for the
creation of new tools for the elimination of tuberculosis,
including drugs, diagnostics, and vaccines.
``(3) Consultation.--In developing the comprehensive plan under
paragraph (1), the Task Force shall consult with external parties
including representatives from groups such as--
``(A) scientists, physicians, laboratorians, and other
health professionals who represent the specialties and
disciplines relevant to the research under consideration;
``(B) members from public-private partnerships, private
entities, or foundations (or both) engaged in activities
relevant to research under consideration;
``(C) members of national and international nongovernmental
organizations established to address tuberculosis elimination;
``(D) members from the general public who are knowledgeable
with respect to tuberculosis including individuals who have or
have had tuberculosis; and
``(E) scientists, physicians, laboratorians, and other
health professionals who reside in a foreign country with a
substantial incidence or prevalence of tuberculosis, and who
represent the specialties and disciplines relevant to the
research under consideration.''.
Subtitle C--Evaluation of Public Health Authorities
SEC. 121. EVALUATION OF PUBLIC HEALTH AUTHORITIES.
(a) In General.--Not later than 180 days after the date of
enactment of the Comprehensive Tuberculosis Elimination Act of 2008,
the Secretary of Health and Human Services shall prepare and submit to
the appropriate committees of Congress a report that evaluates and
provides recommendations on changes needed to Federal and State public
health authorities to address current disease containment challenges
such as isolation and quarantine.
(b) Contents of Evaluation.--The report described in subsection (a)
shall include--
(1) an evaluation of the effectiveness of current policies to
detain patients with active tuberculosis;
(2) an evaluation of whether Federal laws should be
strengthened to expressly address the movement of individuals with
active tuberculosis; and
(3) specific legislative recommendations for changes to Federal
laws, if any.
(c) Update of Quarantine Regulations.--Not later than 240 days
after the date of enactment of this Act, the Secretary of Health and
Human Services shall promulgate regulations to update the current
interstate and foreign quarantine regulations found in parts 70 and 71
of title 42, Code of Federal Regulations.
Subtitle D--Authorization of Appropriations
SEC. 131. AUTHORIZATIONS OF APPROPRIATIONS.
Section 317E of the Public Health Service Act, as amended by
section 111(c) of this Act, is amended by striking subsection (h) and
inserting the following:
``(h) Authorization of Appropriations.--
``(1) General program.--
``(A) In general.--For the purpose of carrying out this
section, there are authorized to be appropriated $200,000,000
for fiscal year 2009, $210,000,000 for fiscal year 2010,
$220,500,000 for fiscal year 2011, $231,525,000 for fiscal year
2012, and $243,101,250 for fiscal year 2013.
``(B) Reservation for emergency grants.--Of the amounts
appropriated under subparagraph (A) for a fiscal year, the
Secretary may reserve not more than 25 percent for emergency
grants under subsection (a) for any geographic area, State,
political subdivision of a State, or other public entity in
which there is, relative to other areas, a substantial number
of cases of tuberculosis, multidrug resistant tuberculosis, or
extensively drug resistant tuberculosis or a substantial rate
of increase in such cases.
``(C) Priority.--In allocating amounts appropriated under
subparagraph (A), the Secretary shall give priority to
allocating such amounts for grants under subsection (a).
``(D) Allocation of funds.--
``(i) Requirement of formula.--Of the amounts
appropriated under subparagraph (A), not reserved under
subparagraph (B), and allocated by the Secretary for grants
under subsection (a), the Secretary shall distribute a
portion of such amounts to grantees under subsection (a) on
the basis of a formula.
``(ii) Relevant factors.--The formula developed by the
Secretary under clause (i) shall take into account the
level of tuberculosis morbidity and case complexity in the
respective geographic area and may consider other factors
relevant to tuberculosis in such area.
``(iii) No change to formula required.--This
subparagraph does not require the Secretary to modify the
formula that was used by the Secretary to distribute funds
to grantees under subsection (a) for fiscal year 2009.
``(2) Limitation.--The authorization of appropriations
established in paragraph (1) for a fiscal year is effective only if
the amount appropriated under such paragraph for such year equals
or exceeds the amount appropriated to carry out this section for
fiscal year 2009.''.
TITLE II--NATIONAL INSTITUTES OF HEALTH
SEC. 201. RESEARCH AND DEVELOPMENT CONCERNING TUBERCULOSIS.
Subpart 2 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285b et seq.) is amended by inserting after section 424B the
following section:
``SEC. 424C. TUBERCULOSIS.
``(a) In General.--The Director of the National Institutes of
Health may expand, intensify, and coordinate research and development
and related activities of the Institutes with respect to tuberculosis
including activities toward the goal of eliminating such disease.
``(b) Certain Activities.--Activities under subsection (a) may
include--
``(1) enhancing basic and clinical research on tuberculosis,
including drug resistant tuberculosis;
``(2) expanding research on the relationship between such
disease and the human immunodeficiency virus; and
``(3) developing new tools for the elimination of tuberculosis,
including public health interventions and methods to enhance
detection and response to outbreaks of tuberculosis, including
multidrug resistant tuberculosis.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Comprehensive Tuberculosis Elimination Act of 2008 - Title I: Department of Health and Human Services in Coordination with the Centers for Disease Control and Prevention and Other Appropriate Agencies - Subtitle A: National Strategy for Combating and Eliminating Tuberculosis - (Sec. 101) Amends the Public Health Service Act to revise the grant program through which the Secretary of Health and Human Services is authorized to carry out programs with respect to the prevention, treatment, control, and elimination of tuberculosis.
Includes research on latent tuberculosis infection within such program.
Includes within such program research and development and related activities to develop new tools for the elimination of tuberculosis and new methods to enhance detection and response to tuberculosis outbreaks. Encourages the Secretary to give priority to programmatically relevant research so that new tools can be utilized in public health practice.
Includes among demonstration projects the Secretary may carry out as part of such program projects for the development of regional capabilities to prevent, control, and eliminate tuberculosis and prevent multidrug resistant and extensively drug resistant strains of tuberculosis and projects for the intensification of efforts to: (1) reduce health disparities in the incidence of tuberculosis; (2) control tuberculosis along the U.S.-Mexico border; (3) prevent, detect, and treat tuberculosis among foreign-born persons who are in the United States; and (4) prevent, detect, and treat tuberculosis in high-risk populations and settings.
Allows the Secretary, as part of such program, to develop, enhance, and expand information technologies that support tuberculosis control, including surveillance and database management systems with cross-jurisdictional capabilities.
Requires the Secretary, in awarding grants for such tuberculosis programs, to give highest priority to applicants that will contribute nonfederal funds to carry out such activities.
Subtitle B: Interagency Collaboration - (Sec. 111) Expands the duties for the Advisory Council for the Elimination of Tuberculosis to include providing to the Secretary and other appropriate federal officials advice on: (1) coordinating the activities of the Department of Health and Human Services (HHS) and other federal agencies; (2) responding rapidly and effectively to emerging issues in tuberculosis; and (3) efficiently utilizing the federal resources involved. Requires the Council to make or update recommendations on the comprehensive plan to eliminate tuberculosis in the United States. Sets forth reporting requirements for the Council.
Requires the Federal Tuberculosis Task Force to: (1) provide to the Secretary and other appropriate federal officials advice on research into new tools; and (2) make recommendations on the development of a comprehensive plan for the creation of new tools for the elimination of tuberculosis.
Subtitle C: Evaluation of Public Health Authorities - (Sec. 121) Requires the Secretary to: (1) report to the appropriate congressional committees on changes needed to federal and state public health authorities to address current disease containment challenges; and (2) promulgate regulations to update current interstate and foreign quarantine regulations.
Subtitle D: Authorization of Appropriations - (Sec. 131) Authorizes appropriations for FY2009-FY2013. Requires the Secretary to allocate a portion of grant funds on the basis of a formula that takes into account the level of tuberculosis morbidity and case complexity in the respective geographic area.
Title II: National Institutes of Health - (Sec. 201) Allows the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate research and development and related NIH activities with respect to tuberculosis. Authorizes such activities to include: (1) enhancing basic and clinical research on tuberculosis, including drug resistant tuberculosis; (2) expanding research on the relationship between tuberculosis and the human immunodeficiency virus; and (3) developing new tools for the elimination of tuberculosis, including public health interventions and methods to enhance detection and response to outbreaks of tuberculosis. | {"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to making progress toward the goal of eliminating tuberculosis, and for other purposes."} | 3,932 | 939 | 0.761899 | 2.384169 | 0.806092 | 4.744828 | 4.56 | 0.943448 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TBI Treatment Act''.
SEC. 2. PILOT PROGRAM ON PAYMENT FOR TREATMENT OF MEMBERS OF THE ARMED
FORCES AND VETERANS FOR TRAUMATIC BRAIN INJURY AND POST-
TRAUMATIC STRESS DISORDER.
(a) Payment Process.--The Secretary of Defense and the Secretary of
Veterans Affairs shall carry out a five-year pilot program under which
each such Secretary shall establish a process through which each
Secretary shall provide payment for treatments (including diagnostic
testing) of traumatic brain injury or post-traumatic stress disorder
received by members of the Armed Forces and veterans in health care
facilities other than military treatment facilities or Department of
Veterans Affairs medical facilities. Such process shall provide that
payment be made directly to the health care facility furnishing the
treatment.
(b) Conditions for Payment.--The approval by a Secretary for
payment for a treatment pursuant to subsection (a) shall be subject to
the following conditions:
(1) Any drug or device used in the treatment must be
approved or cleared by the Food and Drug Administration for any
purpose.
(2) The treatment must have been approved by an
institutional review board operating in accordance with
regulations issued by the Secretary of Health and Human
Services.
(3) The treatment (including any patient disclosure
requirements) must be used by the health care provider
delivering the treatment.
(4) The patient receiving the treatment must demonstrate an
improvement as a result of the treatment on one or more of the
following:
(A) Standardized independent pre-treatment and
post-treatment neuropsychological testing.
(B) Accepted survey instruments.
(C) Neurological imaging.
(D) Clinical examination.
(5) The patient receiving the treatment must be receiving
the treatment voluntarily.
(6) The patient receiving the treatment may not be a
retired member of the uniformed services or of the Armed Forces
who is over the age of 65 and entitled to benefits under part
A, or eligible to enroll under part B, of title XVIII of the
Social Security Act.
(c) Additional Restrictions Prohibited.--Except as provided in this
subsection (b), no restriction or condition for reimbursement may be
placed on any health care provider that is operating lawfully under the
laws of the State in which the provider is located with respect to the
receipt of payment under this Act.
(d) Payment Deadline.--The Secretary of Defense and the Secretary
of Veterans Affairs shall make a payment for a treatment pursuant to
subsection (a) not later than 30 days after a member of the Armed
Forces or veteran (or health care provider on behalf of such member or
veteran) submits to the Secretary documentation regarding the
treatment. The Secretary of Defense and the Secretary of Veterans
Affairs shall ensure that the documentation required under this
subsection may not be an undue burden on the member of the Armed Forces
or veteran or on the health care provider.
(e) Payment Authority.--
(1) Department of defense.--The Secretary of Defense shall
make payments under this section for treatments received by
members of the Armed Forces using the authority in subsection
(c)(1) of section 1074 of title 10, United States Code.
(2) Department of veterans affairs.--The Secretary of
Veterans Affairs shall make payments under this section for
treatments received by veterans using the authority in section
1728 of title 38, United States Code.
(f) Payment Amount.--A payment under this Act shall be made at the
equivalent Centers for Medicare and Medicaid Services reimbursement
rate in effect for appropriate treatment codes for the State or
territory in which the treatment is received. If no such rate is in
effect, payment shall be made at a fair market rate, as determined by
the Secretary of Defense, in consultation with the Secretary of Health
and Human Services, with respect to a patient who is a member of the
Armed Forces or the Secretary of Veterans Affairs with respect to a
patient who is a veteran.
(g) Data Collection and Availability.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly develop and maintain a
database containing data from each patient case involving the
use of a treatment under this section. The Secretaries shall
ensure that the database preserves confidentiality and be made
available only--
(A) for third-party payer examination;
(B) to the appropriate congressional committees and
employees of the Department of Defense, the Department
of Veterans Affairs, the Department of Health and Human
Services, and appropriate State agencies; and
(C) to the primary investigator of the
institutional review board that approved the treatment,
in the case of data relating to a patient case
involving the use of such treatment.
(2) Enrollment in institutional review board study.--In the
case of a patient enrolled in a registered institutional review
board study, results may be publically distributable in
accordance with the regulations prescribed pursuant to the
Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191) and other regulations and practices in
effect as of the date of the enactment of this Act.
(3) Qualified institutional review boards.--The Secretary
of Defense and the Secretary of Veterans Affairs shall each
ensure that the Internet Web site of their respective
departments includes a list of all civilian institutional
review board studies that have received a payment under this
Act.
(h) Assistance for Members To Obtain Treatment.--
(1) Assignment to temporary duty.--The Secretary of a
military department may assign a member of the Armed Forces
under the jurisdiction of the Secretary to temporary duty or
allow the member a permissive temporary duty in order to permit
the member to receive treatment for traumatic brain injury or
post-traumatic stress disorder, for which payments shall be
made under subsection (a), at a location beyond reasonable
commuting distance of the member's permanent duty station.
(2) Payment of per diem.--A member who is away from the
member's permanent station may be paid a per diem in lieu of
subsistence in an amount not more than the amount to which the
member would be entitled if the member were performing travel
in connection with a temporary duty assignment.
(3) Gift rule waiver.--Notwithstanding any rule of any
department or agency with respect to ethics or the receipt of
gifts, any assistance provided to a member of the Armed Forces
with a service-connected injury or disability for travel,
meals, or entertainment incidental to receiving treatment under
this Act, or for the provision of such treatment, shall not be
subject to or covered by any such rule.
(i) Retaliation Prohibited.--No retaliation may be made against any
member of the Armed Forces or veteran who receives treatment as part of
registered institutional review board study carried out by a civilian
health care practitioner.
(j) Treatment of University and Nationally Accredited Institutional
Review Boards.--For purposes of this Act, a university-affiliated or
nationally accredited institutional review board shall be treated in
the same manner as a Government institutional review board.
(k) Memoranda of Understanding.--The Secretary of Defense and the
Secretary of Veterans Affairs shall seek to expeditiously enter into
memoranda of understandings with civilian institutional review boards
described in subsection (j) for the purpose of providing for members of
the Armed Forces and veterans to receive treatment carried out by
civilian health care practitioners under a treatment approved by and
under the oversight of civilian institutional review boards that would
qualify for payment under this Act.
(l) Outreach Required.--
(1) Outreach to veterans.--The Secretary of Veterans
Affairs shall notify each veteran with a service-connected
injury or disability of the opportunity to receive treatment
pursuant to this Act.
(2) Outreach to members of the armed forces.--The Secretary
of Defense shall notify each member of the Armed Forces with a
service-connected injury or disability of the opportunity to
receive treatment pursuant to this Act.
(m) Report to Congress.--Not later than 30 days after the last day
of each fiscal year during which the Secretary of Defense and the
Secretary of Veterans Affairs are authorized to make payments under
this Act, the Secretaries shall jointly submit to Congress an annual
report on the implementation of this Act. Such report shall include
each of the following for that fiscal year:
(1) The number of individuals for whom the Secretary has
provided payments under this Act.
(2) The condition for which each such individual receives
treatment for which payment is provided under this Act and the
success rate of each such treatment.
(3) Treatment methods that are used by entities receiving
payment provided under this Act and the respective rate of
success of each such method.
(4) The recommendations of the Secretaries with respect to
the integration of treatment methods for which payment is
provided under this Act into facilities of the Department of
Defense and Department of Veterans Affairs.
(n) Termination.--The authority to make a payment under this Act
shall terminate on the date that is five years after the date of the
enactment of this Act.
(o) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $10,000,000 for each fiscal year
during which the Secretary of Veterans Affairs and the Secretary of
Defense are authorized to make payments under this Act. | TBI Treatment Act - Directs the Secretaries of Defense (DOD) and Veterans Affairs (Secretaries) to carry out a five-year pilot program under which each Secretary establishes a process for providing payments to facilities for treatments of traumatic brain injury (TBI) or post-traumatic stress disorder (PTSD) received by members of the Armed Forces and veterans in facilities other than military treatment facilities or Department of Veterans Affairs (VA) medical facilities. Subjects such payments to specified conditions, including approved treatment. Requires the VA Secretary to notify each veteran with a service-connected injury or disability of the opportunity to receive such treatment.
Requires the Secretaries to jointly: (1) develop and maintain a database containing data from each patient case involving the use of such treatments; and (2) report annually to Congress on the implementation of this Act. | {"src": "billsum_train", "title": "To direct the Secretary of Defense and the Secretary of Veterans Affairs to carry out a pilot program under which the Secretaries make payments for certain treatments of traumatic brain injury and post-traumatic stress disorder."} | 1,981 | 186 | 0.598541 | 1.617256 | 0.790562 | 4.598765 | 11.623457 | 0.932099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights History Project Act of
2009''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds as follows:
(1) A fundamental principle of American democracy is that
individuals should stand up for their rights and beliefs and fight
for justice.
(2) The actions of those who participated in the Civil Rights
movement from the 1950s through the 1960s are a shining example of
this principle in action, demonstrated in events as varied as the
Montgomery Bus Boycott, the sit-ins, the Freedom Rides, the March
on Washington, the drive for voting rights in Mississippi, and the
March to Selma.
(3) While the Civil Rights movement had many visible leaders,
including Thurgood Marshall, Dr. Martin Luther King, Jr., and Rosa
Parks, there were many others whose impact and experience were just
as important to the cause but who are not as well known.
(4) The participants in the Civil Rights movement possess an
invaluable resource in their first-hand memories of the movement,
and the recording of the retelling of their stories and memories
will provide a rich, detailed history of our Nation during an
important and tumultuous period.
(5) It is in the Nation's interest to undertake a project to
collect oral histories of individuals from the Civil Rights
movement so future generations will be able to learn of their
struggle and sacrifice through primary-source, eyewitness material.
A coordinated Federal project would also focus attention on the
efforts undertaken by various public and private entities to
collect and interpret articles in all formats relating to the Civil
Rights movement, and serve as a model for future projects
undertaken in museums, libraries, and universities throughout the
Nation.
(6) The Library of Congress and the Smithsonian Institution are
appropriate repositories to collect, preserve, and make available
to the public a collection of these oral histories. The Library and
Smithsonian have expertise in the management of documentation
projects, and experience in the development of cultural and
educational programs for the public.
(b) Purpose.--It is the purpose of this Act to create a new
federally sponsored, authorized, and funded project that will
coordinate at a national level the collection of video and audio
recordings of personal histories and testimonials of individuals who
participated in the American Civil Rights movement that will build upon
and complement previous and ongoing documentary work on this subject,
and to assist and encourage local efforts to preserve the memories of
such individuals so that Americans of all current and future
generations may hear from them directly and better appreciate the
sacrifices they made.
SEC. 3. ESTABLISHMENT OF JOINT PROJECT AT LIBRARY OF CONGRESS AND
NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE TO COLLECT
VIDEO AND AUDIO RECORDINGS OF HISTORIES OF PARTICIPANTS IN AMERICAN
CIVIL RIGHTS MOVEMENT.
(a) Establishment of Project.--
(1) In general.--Within the limits of available funds, the
Librarian of Congress (hereafter referred to as the ``Librarian'')
and the Secretary of the Smithsonian Institution (hereafter
referred to as the ``Secretary)'', acting jointly, shall establish
an oral history project--
(A) to survey, during the initial phase of the project,
collections of audio and video recordings of the reminiscences
of participants in the Civil Rights movement that are housed in
archives, libraries, museums, and other educational
institutions, as well as ongoing documentary work, in order to
augment and complement these endeavors and avoid duplication of
effort;
(B) to solicit, reproduce, and collect--
(i) video and audio recordings of personal histories
and testimonials of individuals who participated in the
Civil Rights movement, and
(ii) visual and written materials (such as letters,
diaries, photographs, and ephemera) relevant to the
personal histories of individuals;
(C) to create a collection of the recordings and other
materials obtained, and to catalog and index the collection in
a manner the Librarian and the Secretary consider appropriate;
and
(D) to make the collection available for public use through
the Library of Congress and the National Museum of African
American History and Culture, as well as through such other
methods as the Librarian and the Secretary consider
appropriate.
(2) Role of director of museum.--The Secretary shall carry out
the Secretary's duties under this Act through the Director of the
National Museum of African American History and Culture.
(b) Use of and Consultation With Other Entities.--The Librarian and
the Secretary may carry out the activities described in subsection
(a)(1) through agreements and partnerships entered into with other
government and private entities, and may otherwise consult with
interested persons (within the limits of available resources) and
develop appropriate guidelines and arrangements for soliciting,
acquiring, and making available recordings under the project under this
Act.
(c) Services of Experts and Consultants; Acceptance of Volunteer
Services; Advance Payments.--In carrying out activities described in
subsection (a)(1), the Librarian and the Secretary may--
(1) procure temporary and intermittent services under section
3109 of title 5, United States Code;
(2) accept and utilize the services of volunteers and other
uncompensated personnel and reimburse them for travel expenses,
including per diem, as authorized under section 5703 of title 5,
United States Code; and
(3) make advances of money and payments in advance in
accordance with section 3324 of title 31, United States Code.
(d) Timing.--As soon as practicable after the enactment of this
Act, the Librarian and the Secretary shall begin collecting video and
audio recordings and other materials under subsection (a)(1), and shall
attempt to collect the first such recordings from the oldest
individuals involved.
(e) Definition.--In this Act, the term ``Civil Rights movement''
means the movement to secure racial equality in the United States for
African Americans that, focusing on the period 1954 through 1968,
challenged the practice of racial segregation in the Nation and
achieved equal rights legislation for all American citizens.
SEC. 4. PRIVATE SUPPORT FOR CIVIL RIGHTS HISTORY PROJECT.
(a) Encouraging Solicitation and Acceptance of Donations.--The
Librarian of Congress and the Secretary are encouraged to solicit and
accept donations of funds and in-kind contributions to support
activities under section 3.
(b) Dedication of Funds Provided to Library of Congress.--
Notwithstanding any other provision of law--
(1) any funds donated to the Librarian of Congress to support
the activities of the Librarian under section 3 shall be deposited
entirely into an account established for such purpose;
(2) the funds contained in such account shall be used solely to
support such activities; and
(3) the Librarian of Congress may not deposit into such account
any funds donated to the Librarian which are not donated for the
exclusive purpose of supporting such activities.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $500,000 for fiscal year 2010; and
(2) such sums as may be necessary for each of the fiscal years
2011 through 2014.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Civil Rights History Project Act of 2009 - Requires, within the limits of available funds, the Librarian of Congress and the Secretary of the Smithsonian Institution (acting through the Director of the National Museum of African American History and Culture) to establish an oral history project to: (1) collect video and audio recordings of, and visual and written materials relevant to the personal histories of, participants in the Civil Rights movement; and (2) make the collection available for public use through the Library of Congress and the Museum.
Defines, for this Act, "Civil Rights movement" as the movement to secure racial equality in the United States for African Americans that, focusing on the period 1954 through 1968, challenged the practice of racial segregation in the nation and achieved equal rights legislation for all American citizens.
Encourages the Librarian and the Secretary to solicit and accept related donations of funds and in-kind contributions.
Authorizes appropriations. | {"src": "billsum_train", "title": "To direct the Librarian of Congress and the Secretary of the Smithsonian Institution to carry out a joint project at the Library of Congress and the National Museum of African American History and Culture to collect video and audio recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement, and for other purposes."} | 1,609 | 203 | 0.534698 | 1.669892 | 0.798364 | 5.640884 | 8.176796 | 0.944751 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Simplifying Access to Student Loan
Information Act of 2014''.
SEC. 2. AMENDMENT TO THE TRUTH IN LENDING ACT.
(a) In General.--Section 128(e) of the Truth in Lending Act (15
U.S.C. 1638(e)) is amended by adding at the end the following:
``(12) National student loan data system.--
``(A) In general.--Each private educational lender
shall--
``(i) submit to the Secretary of Education
for inclusion in the National Student Loan Data
System established under section 485B of the
Higher Education Act of 1965 (20 U.S.C. 1092b)
information regarding each private education
loan made by such lender that will allow for
the electronic exchange of data between
borrowers of private education loans and the
System; and
``(ii) in carrying out clause (i), ensure
the privacy of private education loan
borrowers.
``(B) Information to be submitted.--The information
regarding private education loans required under
subparagraph (A) to be included in the National Student
Loan Data System shall include the following if
determined appropriate by the Secretary of Education:
``(i) The total amount and type of each
such loan made, including outstanding interest
and outstanding principal on such loan.
``(ii) The interest rate of each such loan
made.
``(iii) Information regarding the borrower
that the Secretary of Education determines is
necessary to ensure the electronic exchange of
data between borrowers of private education
loans and the System.
``(iv) Information, including contact
information, regarding the lender that owns the
loan.
``(v) Information, including contact
information, regarding the servicer that is
handling the loan.
``(vi) Information concerning the date of
any default on the loan and the collection of
the loan, including any information concerning
the repayment status of any defaulted loan.
``(vii) Information regarding any deferment
or forbearance granted on the loan.
``(viii) The date of the completion of
repayment by the borrower of the loan.
``(ix) Any other information determined by
the Secretary of Education to be necessary for
the operation of the National Student Loan Data
System.
``(C) Update.--Each private educational lender
shall update the information regarding private
education loans required under subparagraph (A) to be
included in the National Student Loan Data System on
the same schedule as information is updated under the
System under section 485B of the Higher Education Act
of 1965 (20 U.S.C. 1092b).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to private education loans that were made for the 2011-2012
academic year or later.
SEC. 3. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965.
Section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b)
is amended by adding at the end the following:
``(i) Private Education Loans.--
``(1) In general.--The National Student Loan Data System
established pursuant to subsection (a) shall contain the
information required to be included under section 128(e)(12) of
the Truth in Lending Act (15 U.S.C. 1638(e)(12)).
``(2) Cosigner.--Notwithstanding any other provision of
law, the Secretary shall ensure that any cosigner of a private
education loan for which information is included in the
National Student Loan Data System--
``(A) is able to access the information in such
System with respect to such private education loan; and
``(B) does not have access to any information in
such System with respect to any loan for which the
cosigner has not cosigned.
``(3) Privacy.--The Secretary shall ensure that a private
educational lender--
``(A) has access to the National Student Loan Data
System only to submit information for such System
regarding the private education loans of such lender;
and
``(B) may not see information in the System
regarding the loans of any other lender.
``(j) Repayment Options.--The Secretary shall establish a
functionality within the National Student Loan Data System established
pursuant to subsection (a) that enables a student borrower of a loan
made, insured, or guaranteed under this title to input information
necessary for the estimation of repayment amounts under the various
repayment plans available to the borrower of such loan to compare such
repayment plans.''.
SEC. 4. NON-TRADITIONAL OUTREACH PROGRAM.
(a) Pilot Program Authorized.--
(1) In general.--The Secretary of Education (referred to in
this section as the ``Secretary'') shall establish a 5-year
pilot program to award grants, on a competitive basis, to
eligible entities to establish or improve non-traditional
outreach programs and initiatives with the goal of--
(A) reducing deferments, forbearances, and defaults
on student loan repayments; and
(B) establishing best practices for reducing
deferments, forbearances, and defaults on student loan
repayments.
(2) Eligible entity.--Except as provided in subsection (e),
in this section, the term ``eligible entity'' means--
(A) an institution of higher education entity;
(B) an entity that services loans made, insured, or
guaranteed under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.); or
(C) a nonprofit organization that has--
(i) substantial experience in administering
student loan counseling; or
(ii) demonstrated success in reducing
deferments, forbearances, and defaults on
student loan repayments.
(3) Reservation for nonprofit servicers.--From amounts made
available to carry out this section, the Secretary shall
reserve not less than 10 percent to award grants under
paragraph (1) to eligible entities that are nonprofit student
loan servicers.
(b) Application.--An eligible entity that desires to receive a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require.
(c) Activities.--
(1) In general.--An eligible entity that receives a grant
under this section shall use the grant funds to establish non-
traditional outreach programs and initiatives that may include
the following:
(A) New or improved pre-college loan entrance
counseling and financial literacy sessions.
(B) New or improved exit counseling for student
loan borrowers.
(C) Train students in how to use the National
Student Loan Data System established under section 485B
of the Higher Education Act of 1965 (20 U.S.C. 1092b).
(D) At least 1 check-in while a student loan
borrower is enrolled in the academic program for which
the student has taken out a loan (which shall occur not
earlier than half way through completion of such
academic program), which check-in shall provide the
borrower with an update on the borrower's student loan
status and information on how the outreach program can
serve as an information resource for the borrower.
(E) Annual follow-ups with student loan borrowers
after the borrowers are no longer enrolled in the
academic program for which the student has taken out a
loan by attempting to contact the borrowers by phone,
email, mail, or in person and providing continued
guidance and counseling and serving as an information
resource.
(F) Follow-ups once a student loan borrower reaches
a certain level of delinquency on repayment of such
loan, as determined by the Secretary.
(2) Private loans.--An eligible entity that receives a
grant under this section shall work to reduce defaults on
private education loan debt.
(d) Supplement Not Supplant.--An eligible entity shall use grant
funds received under this section only to supplement the funds that
would, in the absence of such grant funds, be made available from non-
Federal sources for the activities described in subsection (c), and not
to supplant such funds.
(e) Continuation of Grant Awards.--
(1) In general.--If the Secretary determines that the pilot
program established under this section has been successful in
reducing deferments, forbearances, and defaults on student loan
repayments, the Secretary may continue to award competitive
grants beyond the initial pilot program period in accordance
with this subsection.
(2) Authorization.--The Secretary shall award grants under
this subsection on a competitive basis to eligible entities
described in paragraph (3) who achieve specific performance
outcomes and criteria in reducing deferments, forbearances, and
defaults on student loan repayments. Projects funded by grants
under this subsection shall be referred to as either Pay-for-
Performance or Pay-for-Success projects, as set forth in
paragraph (3).
(3) Eligible entity.--To be eligible to receive a grant
under this subsection, an entity shall be an entity described
in subparagraph (A), (B), or (C) of subsection (a)(2) that--
(A) in the case of an entity seeking to carry out a
Pay-for-Performance project, agrees to be reimbursed
under the grant primarily on the basis of achievement
of specified performance outcomes and criteria
established by the Secretary under paragraph (4); or
(B) in the case of an entity seeking to carry out a
Pay-for-Success project--
(i) enters into a partnership with an
investor, such as a philanthropic organization
that provides funding for a specific project to
address reducing deferments, forbearances, and
defaults on student loan repayments; and
(ii) agrees to be reimbursed under the
grant only if the project achieves specified
performance outcomes and criteria established
by the Secretary under paragraph (4).
(4) Performance outcomes and criteria.--Not later than 6
months after the completion of the pilot program, the Secretary
shall establish and publish on the Web site of the Department
of Education specific performance measures, which include
performance outcomes and criteria, for the initial
qualification and reimbursement of eligible entities to receive
a grant under this subsection.
(5) Period of availability for pay-for-success projects.--
Funds appropriated to carry out Pay-for-Success projects under
this subsection shall, upon obligation, remain available for
disbursement until expended, notwithstanding section 1552 of
title 31, United States Code, and, if later deobligated, in
whole or in part, be available until expended under additional
Pay-for-Success grants under this subsection.
(f) Reports.--
(1) Eligible entities.--An eligible entity that receives a
grant under this section shall submit an annual report to the
Secretary that describes the use of grant funds and details the
results of the activities conducted with such grant funds.
(2) Secretary.--
(A) In general.--The Secretary shall submit a
report to Congress that details the results of the
program funded under this section and describes best
practices in non-traditional outreach programs that
reduce deferments, forbearances, and defaults on
student loan repayments.
(B) Report available publicly.--The Secretary shall
make the report described in subparagraph (A) publicly
available on the Web site of the Department of
Education. | Simplifying Access to Student Loan Information Act of 2014 - Amends the Truth in Lending Act to require private educational lenders to submit to the Secretary of Education information regarding each private education loan they make. Requires that such information: (1) be placed in the National Student Loan Data System (System), and (2) allow for the electronic exchange of data between the borrowers of those loans and the System. (The System currently contains information regarding loans made, insured, or guaranteed under the Federal Family Education Loan program and loans made under the William D. Ford Federal Direct Loan and Federal Perkins Loan programs.) Requires the private education loan information to include, if determined appropriate by the Secretary: the total amount and type of each loan; the interest rate on each loan; information regarding the borrower that the Secretary deems necessary to ensure the electronic exchange of data between the borrower and the System; contact information regarding the lender and servicer of each loan; information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan; and the date the borrower completes repayment. Requires private educational lenders to ensure the privacy of borrowers and update the loan information they submit to the System on the same schedule as information is updated under the System. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Secretary to ensure that: (1) a cosigner of a private education loan for which information is included in the System has access only to that information, and (2) a private educational lender has access to the System only to submit information regarding the lender's loans. Directs the Secretary to establish a functionality within the System that enables student borrowers of loans made, insured, or guaranteed under title IV to input the information necessary to compare the repayment plans available to them under that title. Requires the Secretary to establish a five-year pilot program awarding competitive grants to institutions of higher education, title IV loan servicers, and nonprofit organizations to: (1) establish or improve non-traditional outreach programs and initiatives to reduce deferments, forbearances, and defaults on student loan repayments; and (2) establish best practices for reducing those deferments, forbearances, and defaults. Allows the Secretary to continue to award competitive grants to such entities after the close of the pilot program if the Secretary deems that program to have been successful in reducing deferments, forbearances, and defaults. Requires recipients of grants after the pilot program to establish either: (1) a Pay-for-Performance project, under which they agree to be reimbursed under the grant primarily on the basis of achieving specified performance measures; or (2) a Pay-for-Success project, under which they partner with a project investor and agree to be reimbursed under the grant only if the project achieves specified performance measures. Directs the Secretary to establish and publish those performance measures no later than six months after the pilot program's completion. | {"src": "billsum_train", "title": "Simplifying Access to Student Loan Information Act of 2014"} | 2,509 | 660 | 0.691208 | 2.314474 | 0.775475 | 3.389365 | 3.93825 | 0.915952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Waco Mammoth National Monument
Establishment Act of 2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Waco Mammoth Site area is located near the
confluence of the Brazos River and the Bosque River in central
Texas, near the city of Waco;
(2) after the discovery of bones emerging from eroding
creek banks leading to the uncovering of portions of 5
mammoths, Baylor University began investigating the site in
1978;
(3) several additional mammoth remains have been uncovered
making the site the largest known concentration of mammoths
dying from the same event;
(4) the mammoth discoveries have received international
attention; and
(5) Baylor University and the city of Waco, Texas, have
been working together--
(A) to protect the site; and
(B) to develop further research and educational
opportunities at the site.
SEC. 3. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the city of Waco, Texas.
(2) Management plan.--The term ``management plan'' means
the management plan for the Monument prepared under section
5(c)(1).
(3) Map.--The term ``map'' means the map entitled
``Proposed Boundary Waco-Mammoth National Monument'', numbered
T21/80,000, and dated April 2009.
(4) Monument.--The term ``Monument'' means the Waco Mammoth
National Monument established by section 4(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Texas.
(7) University.--The term ``University'' means Baylor
University in the State.
SEC. 4. WACO MAMMOTH NATIONAL MONUMENT, TEXAS.
(a) Establishment.--There is established in the State, as a unit of
the National Park System, the Waco Mammoth National Monument, as
generally depicted on the map.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
SEC. 5. ADMINISTRATION OF MONUMENT.
(a) In General.--The Secretary shall administer the Monument in
accordance with--
(1) this Act; and
(2) any cooperative agreements entered into under
subsection (b)(1).
(b) Authorities of Secretary.--
(1) Cooperative agreements.--The Secretary may enter into
cooperative management agreements with the University and the
City, in accordance with section 3(l) of Public Law 91-383 (16
U.S.C. 1a-2(l)).
(2) Acquisition of land.--The Secretary may acquire by
donation only from the City any land or interest in land owned
by the City within the proposed boundary of the Monument.
(c) General Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with the
University and the City, shall complete a general management
plan for the Monument.
(2) Inclusions.--The management plan shall include, at a
minimum--
(A) measures for the preservation of the resources
of the Monument;
(B) requirements for the type and extent of
development and use of the Monument;
(C) identification of the capacity of the Monument
for accommodating visitors; and
(D) opportunities for involvement by the
University, City, State, and other local and national
entities in--
(i) developing educational programs for the
Monument; and
(ii) developing and supporting the
Monument.
(d) Prohibition of Use of Federal Funds.--No Federal funds may be
used to pay the costs of--
(1) carrying out a cooperative agreement under subsection
(b)(1);
(2) acquiring land for inclusion in the Monument under
subsection (b)(2);
(3) developing a visitor center for the Monument;
(4) operating or maintaining the Monument;
(5) constructing exhibits for the Monument; or
(6) developing the general management plan under subsection
(c).
(e) Use of Non-Federal Funds.--Non-Federal funds may be used to pay
any costs that may be incurred by the Secretary or the National Park
Service in carrying out this section.
(f) Effect on Eligibility for Financial Assistance.--Nothing in
this Act affects the eligibility of the Monument for Federal grants or
other forms of financial assistance that the Monument would have been
eligible to apply for had National Park System status not been
conferred to the Monument under this Act.
(g) Termination of National Park System Status.--
(1) In general.--Designation of the Monument as a unit of
the National Park System shall terminate if the Secretary
determines that Federal funds are required to operate and
maintain the Monument.
(2) Reversion.--If the designation of the Monument as a
unit of the National Park System is terminated under paragraph
(1), any land acquired by the Secretary from the City under
subsection (b)(2) shall revert to the City.
(h) Private Property Protection.--No private property may be made
part of the Monument without the written consent of the owner of that
private property.
SEC. 6. NO BUFFER ZONES.
Nothing in this Act, the establishment of national monument, or the
management plan shall be construed create buffer zones outside of the
national monument. That an activity or use can be seen or heard from
within the Monument shall not preclude the conduct of that activity or
use outside the Monument. | Waco Mammoth National Monument Establishment Act of 2011 - Establishes the Waco Mammoth National Monument in Texas as a unit of the National Park System.
Authorizes the Secretary of the Interior to enter into cooperative management agreements with Baylor University and the city of Waco, Texas (the city).
Permits the Secretary to acquire by donation only from the city any land or interest in land owned by the city within the proposed boundary of the Monument.
Requires the Secretary, in consultation with Baylor University and the city, to complete a general management plan for the Monument. Provides for the inclusion in such plan of opportunities for involvement by the University, the city, the state of Texas, and other local and national entities in the development of educational programs for the Monument and for the development and support of the Monument.
Prohibits the use of federal funding to pay the costs of: (1) carrying out a cooperative agreement under this Act, (2) acquiring land for inclusion in the Monument, (3) developing a visitor center, (4) operating or maintaining the Monument, (5) constructing exhibits, or (6) developing the general management plan.
Permits the use of non-federal funding to pay any costs that may be incurred by the Secretary or the National Park Service (NPS) to carry out this Act.
Prohibits anything in this Act from affecting the eligibility of the Monument for federal grants or other financial assistance for which the Monument would have been eligible had System status not been conferred upon it.
Terminates the designation of the Monument as a unit of the System if federal funding is required for the operation and maintenance of the Monument. Requires any land acquired by the Secretary from the city to revert to the city if such designation is terminated.
Prohibits any private property from being made a part of the Monument without the owner's written consent.
Prohibits anything in this Act, the establishment of such national monument, or the management plan from being construed as creating buffer zones outside of such monument.
Bars an activity or use that can be seen or heard from within the Monument from precluding the conduct of that activity or use outside the Monument. | {"src": "billsum_train", "title": "To establish the Waco Mammoth National Monument in the State of Texas, and for other purposes."} | 1,254 | 472 | 0.612223 | 2.023489 | 0.753457 | 4.754137 | 2.678487 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mobile Workforce State Income Tax
Simplification Act of 2017''.
SEC. 2. LIMITATIONS ON STATE WITHHOLDING AND TAXATION OF EMPLOYEE
INCOME.
(a) In General.--No part of the wages or other remuneration earned
by an employee who performs employment duties in more than one State
shall be subject to income tax in any State other than--
(1) the State of the employee's residence; and
(2) the State within which the employee is present and
performing employment duties for more than 30 days during the
calendar year in which the wages or other remuneration is
earned.
(b) Wages or Other Remuneration.--Wages or other remuneration
earned in any calendar year shall not be subject to State income tax
withholding and reporting requirements unless the employee is subject
to income tax in such State under subsection (a). Income tax
withholding and reporting requirements under subsection (a)(2) shall
apply to wages or other remuneration earned as of the commencement date
of employment duties in the State during the calendar year.
(c) Operating Rules.--For purposes of determining penalties related
to an employer's State income tax withholding and reporting
requirements--
(1) an employer may rely on an employee's annual
determination of the time expected to be spent by such employee
in the States in which the employee will perform duties
absent--
(A) the employer's actual knowledge of fraud by the
employee in making the determination; or
(B) collusion between the employer and the employee
to evade tax;
(2) except as provided in paragraph (3), if records are
maintained by an employer in the regular course of business
that record the location of an employee, such records shall not
preclude an employer's ability to rely on an employee's
determination under paragraph (1); and
(3) notwithstanding paragraph (2), if an employer, at its
sole discretion, maintains a time and attendance system that
tracks where the employee performs duties on a daily basis,
data from the time and attendance system shall be used instead
of the employee's determination under paragraph (1).
(d) Definitions and Special Rules.--For purposes of this Act:
(1) Day.--
(A) Except as provided in subparagraph (B), an
employee is considered present and performing
employment duties within a State for a day if the
employee performs more of the employee's employment
duties within such State than in any other State during
a day.
(B) If an employee performs employment duties in a
resident State and in only one nonresident State during
one day, such employee shall be considered to have
performed more of the employee's employment duties in
the nonresident State than in the resident State for
such day.
(C) For purposes of this paragraph, the portion of
the day during which the employee is in transit shall
not be considered in determining the location of an
employee's performance of employment duties.
(2) Employee.--The term ``employee'' has the same meaning
given to it by the State in which the employment duties are
performed, except that the term ``employee'' shall not include
a professional athlete, professional entertainer, qualified
production employee, or certain public figures.
(3) Professional athlete.--The term ``professional
athlete'' means a person who performs services in a
professional athletic event, provided that the wages or other
remuneration are paid to such person for performing services in
his or her capacity as a professional athlete.
(4) Professional entertainer.--The term ``professional
entertainer'' means a person of prominence who performs
services in the professional performing arts for wages or other
remuneration on a per-event basis, provided that the wages or
other remuneration are paid to such person for performing
services in his or her capacity as a professional entertainer.
(5) Qualified production employee.--The term ``qualified
production employee'' means a person who performs production
services of any nature directly in connection with a State
qualified, certified or approved film, television or other
commercial video production for wages or other remuneration,
provided that the wages or other remuneration paid to such
person are qualified production costs or expenditures under
such State's qualified, certified or approved film incentive
program, and that such wages or other remuneration must be
subject to withholding under such film incentive program as a
condition to treating such wages or other remuneration as a
qualified production cost or expenditure.
(6) Certain public figures.--The term ``certain public
figures'' means persons of prominence who perform services for
wages or other remuneration on a per-event basis, provided that
the wages or other remuneration are paid to such person for
services provided at a discrete event, in the nature of a
speech, public appearance, or similar event.
(7) Employer.--The term ``employer'' has the meaning given
such term in section 3401(d) of the Internal Revenue Code of
1986 (26 U.S.C. 3401(d)), unless such term is defined by the
State in which the employee's employment duties are performed,
in which case the State's definition shall prevail.
(8) State.--The term ``State'' means any of the several
States.
(9) Time and attendance system.--The term ``time and
attendance system'' means a system in which--
(A) the employee is required on a contemporaneous
basis to record his work location for every day worked
outside of the State in which the employee's employment
duties are primarily performed; and
(B) the system is designed to allow the employer to
allocate the employee's wages for income tax purposes
among all States in which the employee performs
employment duties for such employer.
(10) Wages or other remuneration.--The term ``wages or
other remuneration'' may be limited by the State in which the
employment duties are performed.
SEC. 3. EFFECTIVE DATE; APPLICABILITY.
(a) Effective Date.--This Act shall take effect on January 1 of the
second calendar year that begins after the date of the enactment of
this Act.
(b) Applicability.--This Act shall not apply to any tax obligation
that accrues before the effective date of this Act. | Mobile Workforce State Income Tax Simplification Act of 2017 This bill prohibits the wages or other remuneration earned by an employee who performs employment duties in more than one state from being subject to income tax in any state other than: (1) the state of the employee's residence, and (2) the state within which the employee is present and performing employment duties for more than 30 days during the calendar year. The bill exempts employers from state income tax withholding and information reporting requirements for employees not subject to income tax in the state under this bill. For the purposes of determining penalties related to an employer's state income tax withholding or reporting requirements, an employer may rely on an employee's annual determination of the time expected to be spent working in a state in the absence of fraud or collusion by such employee. For the purposes of this bill, the term "employee" excludes: professional athletes; professional entertainers; production employees who perform services in connection with certain film, television, or other commercial video productions; and public figures who are persons of prominence who perform services for wages or other remuneration on a per-event basis. | {"src": "billsum_train", "title": "Mobile Workforce State Income Tax Simplification Act of 2017"} | 1,420 | 254 | 0.680006 | 1.948246 | 0.800587 | 5.381818 | 5.790909 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shrimp Importation Financing
Fairness Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States domestic shrimping industry is a
vital social and economic force for many coastal communities
across the United States, affecting not simply those who own
and operate shrimp boats but entire community economies
including food processors, hoteliers and restaurateurs, grocery
markets, and all those who work in and service these industries
and others.
(2) In addition to the economic importance of the domestic
shrimping industry, the industry serves as a key source of safe
domestic foods at a time when the nation is engaged in
hostilities abroad.
(3) Many nations have blocked the importation of shrimp
from certain foreign countries because of their contamination
with various substances, but the United States Government has
yet to take any such action.
(4) Existing international trade agreements are ostensibly
designed to decrease not just government regulation of trade
but also government trade subsidies.
(5) The domestic shrimping industry has been highly
regulated by the Federal Government through Federal
requirements of usage of items, such as by-catch reduction
devices and turtle excluder devices (in this Act referred to as
``TEDs''), which result in a significant loss of product per
trawl, hence damaging the competitive position and market share
of the domestic shrimping fishery.
(6) Seven non-NAFTA foreign countries (Thailand, Vietnam,
India, China, Ecuador, Indonesia, and Brazil) have taken
advantage of this Government-imposed reduction in
competitiveness, by each exporting in excess of 20,000,000
pounds of shrimp to the United States in the first 6 months of
2002.
(7) These foreign countries account for nearly 70 percent
of all shrimp consumed in the United States in the first 6
months of 2002 and nearly 80 percent of all shrimp imported to
this country in the same period.
(8) Since 1999 our Government has provided more than
$1,800,000,000 in financing and insurance for these foreign
countries through the Overseas Private Investment Corporation,
and our Government's current exposure relative to these
countries through our Export-Import Bank totals some
$14,800,000,000, bringing the total subsidy of these countries
by the United States to over $16,500,000,000.
(9) Many of these countries are not market-oriented, and
hence their participation in United States-supported
international finance regimes amounts to a direct subsidy by
American taxpayers in the shrimping sector of their
international competitors.
(10) In any case, any national economy that benefits
directly from participation in these finance regimes indirectly
grants benefits to our foreign shrimping competitors simply
because of the fungibility of funds.
(11) The level of imports of shrimp by the United States
from these countries has compounded the anticompetitive affects
of our current Federal regulatory regime in this sector,
leading to a depression of the price of shrimp.
(12) There is a crisis developing in the domestic shrimping
industry, as evidenced by the fact that the National Marine
Fisheries Service, the lead Federal agency in regulating the
domestic shrimping fishery, held briefings with staff of the
House of Representatives and the Senate, and with industry
representatives, to discuss this crisis and seek solutions
thereto.
(13) Despite this meeting, the National Marine Fisheries
Service has not announced that it will forego future regulatory
encumbrances upon the domestic shrimping industry such as
previously proposed TEDs modifications that would further harm
competitiveness of the domestic shrimping fishery.
SEC. 3. MORATORIUM ON RESTRICTIVE REGULATIONS ON DOMESTIC SHRIMPING
INDUSTRY.
The Secretary of Commerce shall not impose any new restrictive
regulations on the domestic shrimping industry within the area that is
under the jurisdiction of the Gulf of Mexico Fishery Management
Council, including the proposed regulations modifying requirements
relating to turtle excluder devices published on October 2, 2001,
except as authorized by a law enacted after the date of enactment of
this Act.
SEC. 4. BAN ON OPIC FINANCING AND INSURANCE TO COUNTRIES EXPORTING
EXCESSIVE AMOUNTS OF SHRIMP.
The Overseas Private Investment Corporation may not issue any
contract of insurance or reinsurance or any guaranty, or enter into any
agreement to provide financing, in connection with a project undertaken
or to be undertaken in a country which exported more than 20,000,000
pounds of shrimp to the United States in the first 6 months of calendar
year 2002, until 3 months after the foreign country has reduced its
shrimp exports to the United States to less than 3,000,000 pounds per
month for a period of 3 consecutive months.
SEC. 5. UNITED STATES OPPOSITION TO IMF ASSISTANCE TO COUNTRIES
EXPORTING EXCESSIVE AMOUNTS OF SHRIMP TO THE UNITED
STATES IN THE FIRST 6 MONTHS OF 2002.
The Bretton Woods Agreements Act (12 U.S.C. 635(b)) is amended by
adding at the end the following:
``SEC. 64. OPPOSITION TO IMF ASSISTANCE TO COUNTRIES EXPORTING
EXCESSIVE AMOUNTS OF SHRIMP TO THE UNITED STATES IN THE
FIRST 6 MONTHS OF 2002.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at the Fund to use the voice, vote,
and influence of the United States to oppose the provision by the Fund
of assistance in any form to any foreign country which exported to the
United States more than 20,000,000 pounds of shrimp in the first 6
months of calendar year 2002, until 3 months after the foreign country
has reduced its shrimp exports to the United States to less than
3,000,000 pounds per month for a period of 3 consecutive months.
``(b) Reduction of United States Contributions.--
``(1) In general.--If, during the first 3-month period
referred to in subsection (a), the Fund provides assistance in
any form to a foreign country referred to in subsection (a),
the Secretary of the Treasury shall reduce the amount otherwise
authorized to be contributed by the United States to the Fund
in the first fiscal year that begins after the provision of the
assistance by a percentage equal to--
``(A) the amount contributed by the United States
to the Fund in the fiscal year in which the assistance
is so provided, divided by the total of the amounts
contributed to the Fund by all member countries in the
fiscal year in which the assistance is so provided;
multiplied by
``(B) the total amount of assistance provided by
the Fund to the foreign country in the fiscal year
referred to in subparagraph (A), divided by the total
amount of assistance provided by the Fund to all
countries in the fiscal year referred to in
subparagraph (A).
``(2) Continuation of reductions if necessary to recover
full amount of opposed assistance.--The Secretary shall
continue to reduce the amount otherwise authorized to be
contributed by the United States to the Fund for succeeding
fiscal years until the total amount of the reductions under
paragraph (1) with respect to the foreign country equals the
amount of the assistance referred to in paragraph (1) with
respect to the foreign country.
``(c) Notice to the Congress of Amount of Impending Reduction.--
Within 60 legislative days after the Fund, during the first 3-month
period referred to in subsection (a), provides assistance in any form
to a foreign country referred to in subsection (a), the Secretary of
the Treasury shall--
``(1) determine the amount by which the United States
contribution to the Fund is required to be reduced under
subsection (b); and
``(2) notify the Committee on Financial Services of the
House of Representatives and the Committee on Foreign Relations
of the Senate of the amount of the required reduction.''.
SEC. 6. BAN ON EXPORT-IMPORT BANK ASSISTANCE TO COUNTRIES EXPORTING
EXCESSIVE AMOUNTS OF SHRIMP TO THE UNITED STATES IN THE
FIRST 6 MONTHS OF 2002.
Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)) is amended by adding at the end the following:
``(13) The Bank may not guarantee, insure, or extend (or
participate in the extension of) credit in connection with the
export of any good or service to any foreign country which
exported to the United States more than 20,000,000 pounds of
shrimp in the first 6 months of calendar year 2002, until 3
months after the foreign country has reduced its shrimp exports
to the United States to less than 3,000,000 pounds per month
for a period of 3 consecutive months.''. | Shrimp Importation Financing Fairness Act - Prohibits the Secretary of Commerce from imposing any new restrictive regulations on the domestic shrimping industry within the area that is under the jurisdiction of the Gulf of Mexico Fishery Management Council.Prohibits the Overseas Private Investment Corporation from issuing any contract of insurance or reinsurance or any guaranty, or from entering into any agreement to provide financing for a project undertaken or to be undertaken in a country which exported more than 20 million pounds (excessive amounts) of shrimp to the United States in the first six months of 2002, until three months after it has reduced its shrimp exports to less than three million pounds per month for three consecutive months.Requires the Secretary of the Treasury to instruct the U.S. Executive Director at the International Monetary Fund to use the voice, vote, and influence of the United States to oppose providing assistance to any foreign country that exported excessive amounts of shrimp to the United States in the first six months of 2002, until it fulfills the requirements of this Act.Authorizes the Secretary to reduce the amount of U.S. contributions to the Fund according to a specified formula if, during the first such three-month period, the Fund provides assistance to any such country.Prohibits the Export-Import Bank of the United States from providing assistance to any country that exported excessive amounts of shrimp to the United States in the first six months of 2002, until it fulfills the requirements of this Act. | {"src": "billsum_train", "title": "To support the domestic shrimping industry by eliminating taxpayer subsidies for certain competitors, and for other purposes."} | 1,911 | 329 | 0.521888 | 1.798084 | 0.776174 | 4.760148 | 6.439114 | 0.892989 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Credit Reporting Act Amendments
of 2001''.
SEC. 2. FREE CREDIT REPORT ANNUALLY UPON REQUEST OF CONSUMER.
(a) Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j)
is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Free Credit Report Annually Upon Request of Consumer.--Upon
the request of any consumer, each consumer reporting agency shall make
all disclosures pursuant to section 609 without charge to such consumer
at least once each calendar year.''.
(b) Technical and Conforming Amendment.--Section 612(a)(1) of the
Fair Credit Reporting Act (15 U.S.C. 1681j(a)(1)) is amended by
striking ``(c), and (d)'' and inserting ``(c), (d), and (e)''.
SEC. 3. DISCLOSURE OF WORLD WIDE WEB SITE.
Section 609(c)(1)(B) of the Fair Credit Reporting Act (15 U.S.C.
1681(c)(1)(B)) is amended by inserting ``and information sufficient to
allow the consumer to contact the agency, or request a consumer report
relating to the consumer from the agency, through the Internet or the
World Wide Web'' before the period at the end.
SEC. 4. DISCLOSURE OF CREDIT SCORES AND EXPLANATION OF CREDIT SCORES.
Section 609(a)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681g(a)(1)) is amended to read as follows:
``(1) All information in the consumer's file at the time of
the request, including any information concerning credit scores
or any other risk scores or predictors relating to the
consumer, together with--
``(A) a clear and concise summary of how the scores
and predictors are derived;
``(B) the factors taken into account in deriving a
score or predictor;
``(C) how such factors are applied to the consumer;
``(D) the relative weight given to each factor; and
``(E) the manner and extent to which such factors
raise or lower the score or predictor.''
SEC. 5. SHORTER PERIOD FOR INCLUSION OF SMALL DEBTS UNDER CERTAIN
CIRCUMSTANCES.
Section 605(a) of the Fair Credit Reporting Act (15 U.S.C.
1681c(a)) is amended by adding at the end the following new paragraph:
``(6) Notwithstanding paragraph (4), any account placed for
collection or charged to profit and loss in which the amount
placed to collection or charged to profit and loss did not
exceed $100 and which antedates the report by more than 3
years, if--
``(A) the consumer to whom the report relates
completed a credit and financial management class
during such 3-year period; and
``(B) the consumer has not previously had an
account excluded from paragraph (4) by virtue of this
paragraph.''.
SEC. 6. PROMPT INVESTIGATION AND CORRECTION OR DELETION OF INACCURATE,
INCOMPLETE, OR UNVERIFIABLE CONSUMER INFORMATION.
(A) Review and Monitoring Required.--The Board of Governors of the
Federal Reserve System and the Federal Trade Commission shall each
review and monitor the extent to which, and the manner in which,
consumer reporting agencies and furnishers of consumer information to
consumer reporting agencies are complying with the procedures, time
lines, and requirements under the Fair Credit Reporting Act for the
prompt investigation of the disputed accuracy of any consumer
information and the prompt correction or deletion, in accordance with
such Act, of any inaccurate or incomplete information or information
that cannot be verified.
(b) Report Required.--Before the end of the 6-month period
beginning on the date of the enactment of this Act, the Board of
Governors of the Federal Reserve System and the Federal Trade
Commission shall each submit a progress report to the Congress on the
results of the review required under subsection (a).
(c) Recommendations.--The report under subsection (b) shall include
such recommendations as the Board and the Commission determine to be
appropriate for legislative or administrative action to ensure that--
(1) consumer disputes with consumer reporting agencies over
the accuracy or completeness of information in a consumer's
file are promptly and fully investigated and any incorrect,
incomplete, or unverifiable information is immediately
corrected or deleted;
(2) furnishers of information to consumer reporting
agencies maintain full and prompt compliance with the duties
and responsibilities established under section 623 of the Fair
Credit Reporting Act; and
(3) consumer reporting agencies establish and maintain
appropriate internal controls and management review procedures
for maintaining full and continuous compliance with the
procedures, time lines, and requirements under the Fair Credit
Reporting Act for the prompt investigation of the disputed
accuracy of any consumer information and the prompt correction
or deletion, in accordance with such Act, of any inaccurate or
incomplete information or information that cannot be verified.
(d) Definitions.--For purposes of this section, the terms
``consumer'', ``consumer report'', and ``consumer reporting agency''
have the same meaning as in the Fair Credit Reporting Act.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect at the end of the
90-day period beginning on the date of the enactment of this Act. | Fair Credit Reporting Act Amendments of 2001 - Amends the Fair Credit Reporting Act (FCRA) to mandate that, upon consumer request, a consumer reporting agency: (1) furnish an annual credit report free of charge; and (2) disclose credit risk scores or other predictors contained in the consumer's file, including the factors and relative weights taken into account, and the extent to which such factors raise or lower the score or predictor. (Currently such scores are exempted from disclosure.)Prohibits the inclusion of certain small debts in a consumer report under specified circumstances.Directs the Board of Governors of the Federal Reserve System and the Federal Trade Commission to: (1) monitor and review the extent to which consumer reporting agencies and purveyors of information to such agencies comply with FCRA requirements for the prompt investigation of matters in dispute and the prompt correction of inaccurate or incomplete information, or information that cannot be verified; and (2) present a progress report to Congress. | {"src": "billsum_train", "title": "To amend the Fair Credit Reporting Act to protect consumers from the adverse consequences of incomplete and inaccurate consumer credit reports, and for other purposes."} | 1,273 | 209 | 0.575029 | 1.64303 | 0.946991 | 3.221622 | 6.021622 | 0.897297 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Reinvestment Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.)
is amended--
(1) in section 846(a)(3), by inserting ``in a nursing home,
in a hospice, in a home health agency,'' after ``in a public
hospital,''; and
(2) by adding at the end the following:
``PART H--INITIATIVES TO COMBAT NURSING SHORTAGES
``SEC. 851. PUBLIC SERVICE ANNOUNCEMENTS.
``(a) In General.--The Secretary shall develop and issue public
service announcements that shall advertise and promote the nursing
profession, highlight the advantages and rewards of nursing, and
encourage individuals from diverse communities and backgrounds to enter
the nursing profession.
``(b) Method.--The public service announcements described in
subsection (a) shall be broadcast in appropriate languages via
appropriate media outlets, including on television or radio, in a
manner intended to reach as wide and diverse an audience as possible.
``SEC. 852. STATE AND LOCAL PUBLIC SERVICE ANNOUNCEMENTS.
``(a) In General.--The Secretary shall award grants to eligible
entities to support State and local advertising campaigns via
appropriate media outlets to promote the nursing profession, highlight
the advantages and rewards of nursing, and encourage individuals from
disadvantaged communities and backgrounds to enter the nursing
profession.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
professional State nursing association, State health care
provider association, accredited school of nursing, and any
other entity that provides similar services or serves a like
function.
``(2) State health care provider association.--The term
`State health care provider association' means a professional
association of hospitals, nursing homes, home health care
agencies, hospices, consortia of said associations, or other
such entities deemed eligible by the Secretary.
``(c) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use funds received through such grant to buy local
television and radio time, place advertisements in local newspapers,
post information on billboards or on the Internet, or utilize other
appropriate media outlets in order to--
``(1) advertise and promote the nursing profession;
``(2) promote nursing education programs;
``(3) inform the public of public assistance regarding such
education programs;
``(4) highlight individuals in the community that are
presently practicing nursing in order to recruit new nurses; or
``(5) provide any other information to recruit individuals
to enroll in nursing programs.
``(d) Method.--The campaigns described in subsection (a) shall be
broadcast in appropriate languages on television or radio, or placed in
newspapers as advertisements, posted on billboards or the Internet, or
publicized via other appropriate media outlets in a manner intended to
reach as wide and diverse an audience as possible.
``(e) Application.--An eligible entity desiring a grant under
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``SEC. 853. NURSE RECRUITMENT GRANT PROGRAM.
``(a) Program Authorized.--The Secretary shall award grants to
eligible entities to increase nursing education opportunities.
``(b) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use funds received from such grant to--
``(1) support outreach programs at primary, junior, and
secondary schools that inform guidance counselors and students
of education opportunities regarding nursing;
``(2) carry out special projects to increase nursing
education opportunities for individuals who are from
disadvantaged backgrounds (including economically disadvantaged
backgrounds and racial and ethnic minorities underrepresented
among registered nurses) by providing student scholarships or
stipends, pre-entry preparation, or retention activities;
``(3) provide assistance to diploma, associate degree, and
collegiate schools of nursing to support remedial education
programs for nursing students who require assistance with math,
science, English, and medical terminology; or
``(4) meet the costs of child care and transportation for
individuals who are taking part in a nursing education program
at any level.
``(c) Application.--An eligible entity desiring a grant under
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``SEC. 854. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part,
$20,000,000 for each of the fiscal years 2002 through 2004.
``PART I--INITIATIVES TO STRENGTHEN THE NURSING WORKFORCE
``SEC. 861. CAREER LADDER GRANT PROGRAM.
``(a) Program Authorized.--The Secretary shall award grants to
eligible entities to assist individuals in obtaining education required
to enter the nursing profession and advance within such profession.
``(b) Eligible Entity.--The term `eligible entity' means a diploma,
associate degree, or collegiate school of nursing.
``(c) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use funds under such grant to establish student
scholarships or stipends for nurse professionals, licensed practical
nurses, certified nurse assistants, and home health aides who enroll in
entry level nursing programs, advanced practice nursing degree
programs, RN/Master's nursing degree programs, doctoral nursing
programs, public health nursing programs, nurse educator programs,
nurse administrator programs, and training programs focused on specific
technology use or disease management.
``(d) Application.--An eligible entity desiring a grant under
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``SEC. 862. GRANTS FOR CURRICULUM DEVELOPMENT.
``(a) Program Authorized.--The Secretary shall award grants to
eligible entities to develop and incorporate gerontology curriculum and
competencies.
``(b) Eligible Entity.--The term `eligible entity' means a diploma,
associate degree, or collegiate school of nursing.
``(c) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use funds under such grant to develop stand alone
courses in geriatric nursing to support concentrations, minors, and
majors in the discipline, to hire faculty who are certified in
geriatric nursing, to train nursing faculty members in gerontology, to
provide continuing education in gerontology for practicing nurses at
diploma, associate degree, and baccalaureate schools of nursing.
``(d) Application.--An eligible entity desiring a grant under
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``SEC. 863. GRANTS FOR PARTNERSHIPS.
``(a) In General.--The Secretary shall award grants to eligible
entities to enable such entities to form partnerships to carry out the
activities described in subsection (d).
``(b) Eligible Entity.--The term `eligible entity' means an
accredited school of nursing and a health care facility that forms a
partnership to provide the services described in this section.
``(c) Health Care Facility.--The term `health care facility' means
a hospital, nursing home, home health care agency, hospice, federally
qualified health center, rural health clinic, or public health clinic.
``(d) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use funds received through such grant to--
``(1) provide employees of the facility advanced training
and education at the school or facility;
``(2) establish or expand nursing practice arrangements in
noninstitutional settings to demonstrate methods to improve
access to primary health care in medically underserved
communities; and
``(3) purchase distance learning technology to extend
general education and training programs to rural areas, and to
extend specialty education and training programs to all areas.
``(e) Application.--An eligible entity desiring a grant under
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``SEC. 864. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part,
$20,000,000 for each of the fiscal years 2002 through 2004.
``PART J--NATIONAL NURSING SERVICE CORPS SCHOLARSHIP PROGRAM
``SEC. 871. NATIONAL NURSING SERVICE CORPS SCHOLARSHIP PROGRAM.
``(a) Program Authorized.--The Secretary shall establish a National
Nurse Service Corps Scholarship program (referred to in this section as
the `program') that provides scholarships to individuals seeking
nursing education in exchange for service by such individuals in areas
with nursing shortages.
``(b) Preference.--In awarding scholarships under this section, the
Secretary shall give preference to applicants with the greatest
financial need, and applicants who agree to serve in health facilities
experiencing nursing shortages in medically underserved areas.
``(c) Requirements.--To be eligible to participate in the program,
an individual must--
``(1) be accepted for enrollment, or be enrolled, in an
accredited school of nursing, to take courses leading to a
baccalaureate or associate degree in nursing, or a diploma in
nursing;
``(2) submit an application to participate in the program;
and
``(3) enter into an agreement with the Secretary, at the
time of submittal of such application, to--
``(A) accept payment of a scholarship and remain
enrolled in a nursing school;
``(B) maintain an acceptable level of academic
standing; and
``(C) serve as a nurse for a period of not less
than 2 years in an Indian Health Service health center,
a Native Hawaiian health center, a public hospital, a
migrant health center, a community health center, a
rural health clinic, a nursing home, a home health
agency, hospice, or a public or nonprofit private
health facility determined by the Secretary to have a
critical shortage of nurses.
``(d) Applications.--
``(1) In general.--The application forms for the programs
shall include--
``(A) a fair summary of the rights and liabilities
of an individual whose application is approved by the
Secretary; and
``(B) information respecting meeting a service
obligation and such other information as may be
necessary for the individual to understand the program.
``(2) Accessibility.--The application form and all other
information furnished by the Secretary shall be written so that
it may be understood by the average individual applying to participate
in the program. The Secretary shall make such application forms, and
other information available to individuals desiring to participate in
the program, on a date sufficiently early to ensure that such
individuals have adequate time to carefully review and evaluate such
forms and information.
``(3) Distribution.--The Secretary shall distribute to
nursing schools materials providing information on the program
and shall encourage the schools to disseminate the materials to
students of the schools.
``(e) Scholarship.--
``(1) In general.--A scholarship provided to a student for
a school year under a written contract under the program shall
consist of--
``(A) payment to, or (in accordance with paragraph
(2)) on behalf of the student of--
``(i) the tuition of the student in such
school year; and
``(ii) all other reasonable educational
expenses and support services, including fees,
books, and laboratory expenses incurred by the
student in such school year; and
``(B) payment to the student of a stipend of $400
per month (adjusted in accordance with paragraph (3))
for each 12 consecutive months beginning with the first
month of the school year.
``(2) Contract.--The Secretary may contract with a nursing
school, in which a participant in the program is enrolled, for
the payment to the nursing school of the amounts of tuition and
other reasonable educational expenses described in paragraph
(1)(A).
``(3) Monthly stipend.--The amount of the monthly stipend,
specified in paragraph (1)(B) and as previously adjusted (if at
all) in accordance with this paragraph, shall be increased by
the Secretary as the Secretary determines to be reasonable.
``(f) Breach of Agreement.--
``(1) In general.--In the case of an individual who enters
into an agreement under this section to provide service as a
nurse in consideration for receiving a scholarship, such
individual is liable to the Federal Government for the amount
of such scholarship, and for interest on such scholarship at
the maximum legal prevailing rate, if the individual--
``(A) fails to maintain an acceptable level of
academic standing in the nursing program;
``(B) is dismissed from the nursing program for
disciplinary reasons;
``(C) voluntarily terminates the nursing program;
or
``(D) fails to provide services in accordance with
the program under this section for the period of time
applicable under the program.
``(2) Waiver or suspension of liability.--The Secretary
shall provide for the waiver or suspension of liability under
this section if compliance by the individual with the agreement
is impossible, or would involve extreme hardship to the
individual, or if enforcement of the agreement with respect to
the individual would be unconscionable.
``(3) Date certain for recovery.--Subject to paragraph (2),
any amount that the Federal Government is entitled to recover
under paragraph (1) shall be paid to the United States not
later than the expiration of the 3-year period beginning on the
date the United States becomes so entitled.
``(4) Availability.--Amounts recovered under paragraph (1)
with respect to a program under this section shall be available
for the purposes of such program, and shall remain available
for such purposes until expended.
``(g) Definitions.--In this section:
``(1) Community health center.--The term ``community health
center'' has the meaning given such term in section 330(a).
``(2) Rural health clinic.--The term ``rural health
clinic'' has the meaning given such term in section 1861(aa)(2)
of the Social Security Act.
``(h) Authorization of Appropriations.--For the purpose of payments
under agreements entered into under subsection (a), there are
authorized to be appropriated $65,000,000 for each of the fiscal years
2002 through 2004.''. | Nurse Reinvestment Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) develop and issue public service announcements that advertise and promote the nursing profession, highlight the advantages and rewards of nursing, and encourage individuals from diverse communities and backgrounds to enter the nursing profession; and (2) award grants to designated eligible educational entities in order to increase the number of nurses.Establishes a National Nurse Service Corps Scholarship program that provides scholarships to individuals seeking nursing education in exchange for service by such individuals in areas with nursing shortages. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish programs to alleviate the nursing profession shortage, and for other purposes."} | 3,356 | 119 | 0.565455 | 1.357395 | 0.582526 | 5.110092 | 28 | 0.944954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Surety Bond Opportunity Act of
1993''.
SEC. 2. ADDITIONAL REQUIREMENTS REGARDING APPROVAL OF SURETIES.
(a) In General.--A company may not be approved as a surety by the
Secretary of the Treasury under section 9304 of title 31, United States
Code, or provide any surety bond pursuant to such section unless the
company maintains full compliance with the requirements of section 9310
of title 31, United States Code.
(b) Requirements Relating to Enforceability.--
(1) Signed statement of compliance with application.--
Section 9305(a) of title 31, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) a statement of compliance with section 9310, which is
signed under penalty of perjury by the president and the
secretary of the corporation.''.
(2) Compliance as a condition for approval of
application.--Section 9305(b) of title 31, United States Code,
is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) the corporation is in full compliance with section
9310.''.
(3) Signed statement of compliance with quarterly
reports.--Section 9305(c) of title 31, United States Code, is
amended by inserting ``and a statement of compliance with
section 9310,'' before ``signed and sworn''.
(4) Enforcement authority of secretary of the treasury.--
Section 9305(d) of title 31, United States Code, is amended--
(A) in paragraph (1), by striking ``9304 or 9306''
and inserting ``9304, 9306, or 9310''; and
(B) by striking ``and'' at the end of paragraph
(2);
(C) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(4) may, after the end of the 1-year period beginning on
the effective date of any revocation under paragraph (1) of the
authority of a surety corporation for noncompliance with
section 9310, reauthorize such corporation to provide surety
bonds under section 9304.''.
(5) Revocation for failure to pay certain judgments.--
Section 9305(e) of title 31, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) the corporation does not pay a final judgment or
order against the corporation for noncompliance with section
9310, or fails to comply with any order under that section;
and''.
(c) Technical and Conforming Amendment.--Section 9304(a)(3) of
title 31, United States Code, is amended by striking ``9305 and 9306''
and inserting ``9305, 9306, and 9310''.
SEC. 3. INFORMATION FOR BOND APPLICANTS AND NONDISCRIMINATION.
(a) In General.--Chapter 93 of title 31, United States Code, is
amended by adding at the end the following new section:
``SEC. 9310. INFORMATION FOR BOND APPLICANTS; NONDISCRIMINATION.
``(a) Reasons for Adverse Action; Procedure Applicable.--
``(1) Notice required.--
``(A) In general.--Except as provided in
subparagraph (B), any surety approved under section
9304 shall notify an applicant for a bid bond, payment
bond, or performance bond of its action on a completed
application within 10 days of receipt of the
application.
``(B) Extension.--The notification required by
subparagraph (A) may be furnished within 20 days, if
the surety has not issued a bond to the applicant in
the preceding 12 months.
``(2) Statement of reasons.--
``(A) In general.--Each applicant against whom
adverse action is taken shall be entitled to a
statement of reasons for such action from the surety.
``(B) Acceptable forms of statement.--A surety
satisfies the requirements of subparagraph (A)--
``(i) by providing a statement of reasons
in writing as a matter of course to applicants
against whom adverse action is taken; or
``(ii) by giving written notification of
adverse action which discloses--
``(I) the applicant's right to a
statement of reasons not later than 30
days after receipt by the surety of a
written request made by the applicant
not later than 60 days after such
notification; and
``(II) the identity of the person
or office from which such statement may
be obtained.
``(C) Oral statement permitted.--A required
statement of reasons for adverse action may be given
orally if written notification advises the applicant of
the applicant's right to have the statement of reasons
confirmed in writing upon the applicant's written
request.
``(3) Specificity of reasons.--A statement of reasons meets
the requirements of this section only if it contains specific
reasons for the adverse action taken.
``(4) Applicability in case of third party applications.--
In the case of a request to a surety by a third party to issue
a bond directly or indirectly to an applicant, the notification
and statement of reasons required by this section may be made
directly by such surety, or indirectly through the third party,
if the identity of the surety is disclosed to the applicant.
``(5) Applicability in case of sureties which accept few
applications.--The requirements of paragraphs (2), (3), and (4)
may be satisfied by oral statements or notifications in the
case of any surety which acted on not more than 100
applications during the calendar year in which the adverse
action is taken.
``(b) Nondiscrimination.--
``(1) Activities.--It shall be unlawful for any surety to
discriminate against any applicant, with respect to any aspect
of a surety bond transaction--
``(A) on the basis of race, color, religion,
national origin, sex, marital status, disability, or
age (if the applicant has the capacity to contract);
``(B) because the applicant has in good faith
exercised any right under this chapter;
``(C) because the applicant previously obtained a
bond through an individual or personal surety; or
``(D) because the applicant previously obtained a
bond through--
``(i) any bonding assistance program
expressly authorized by law;
``(ii) any bonding assistance program
administered by a nonprofit organization for
its members or an economically disadvantaged
class of persons; or
``(iii) any special purpose bonding program
offered by a profitmaking organization to meet
special needs.
``(2) Activities not constituting discrimination.--It shall
not constitute discrimination for purposes of this section for
a surety--
``(A) to make an inquiry of marital status if such
inquiry is for the purpose of ascertaining the surety's
rights and remedies applicable to the granting of a
bond and not to discriminate in a determination of
bondability;
``(B) to make an inquiry of the applicant's age if
such inquiry is for the purpose of determining the
amount and probable continuance of bondability; or
``(C) to make an inquiry as to where the applicant
has previously obtained a bond, in order to determine
bonding history, or other pertinent element of
bondability, except that an applicant may not be
assigned a negative factor or value because such
applicant previously obtained a bond through--
``(i) an individual or personal surety;
``(ii) a bonding assistance program
expressly authorized by law;
``(iii) any bonding program administered by
a nonprofit organization for its members or an
economically disadvantaged class of persons; or
``(iv) any special purpose bonding program
offered by a profitmaking organization to meet
special needs.
``(3) Additional activities not constituting
discrimination.--It is not a violation of this section for a
surety to refuse to issue a bond pursuant to--
``(A) any bonding assistance program authorized by
law for an economically disadvantaged class of persons;
``(B) any bonding assistance program administered
by a nonprofit organization for its members or an
economically disadvantaged class of persons; or
``(C) any special purpose bonding program offered
by a profitmaking organization to meet special needs,
if such refusal is required by or made pursuant to such
program.''.
(b) Definition of Adverse Action.--Section 9301 of title 31, United
States Code, is amended--
(1) by striking the period at the end of paragraph (1) and
inserting a semicolon;
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) `adverse action'--
``(A) means a denial of a bond, a change in the
terms of an existing bonding arrangement, or a refusal
to issue a bond in the amount or on substantially the
terms requested; and
``(B) does not include any refusal to issue an
additional bond under an existing bonding arrangement
where the applicant is in default, or where such
additional bond would exceed a previously established
bonding limit.''.
SEC. 4. CIVIL PENALTIES.
Section 9308 of title 31, United States Code, is amended--
(1) in the first sentence by striking ``A surety
corporation'' and inserting the following:
``(a) Liability to the United States.--A surety corporation'';
(2) in the second sentence by striking ``A civil action''
and inserting the following:
``(c) Jurisdiction.--A civil action'';
(3) in the third sentence by striking ``A penalty imposed''
and inserting the following:
``(d) Effect of Penalties on Contracts.--A penalty imposed''; and
(4) by inserting after subsection (a) (as designated by
paragraph (1)) the following new subsection:
``(b) Liability for Discriminatory Action.--Any surety corporation
that fails to comply with section 9310(b) shall be liable to the
applicant for--
``(1) any actual damage sustained by such applicant
(individually or as a member of a class); and
``(2) in the case of any successful action under this
subsection, the costs of the action, together with reasonable
attorney's fees, as determined by the court.''.
SEC. 5. REGULATIONS.
The Secretary of the Treasury shall issue such proposed regulations
as may be necessary to carry out this Act not later than 270 days after
the date of the enactment of this Act. The final regulations shall
become effective not later than 1 year after the date of enactment of
this Act.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall become effective on the
earlier of--
(1) the effective date of final regulations promulgated
pursuant to section 5; or
(2) the end of the 1-year period beginning on the date of
enactment of this Act. | Equal Surety Bond Opportunity Act of 1993 - Prohibits a company from being approved as a surety by the Secretary of the Treasury or from providing any surety bond unless it maintains full compliance with this Act.
Amends Federal law regarding Treasury-approved surety firms to require them to: (1) notify a bond applicant of the status of his or her application within ten days of its receipt; and (2) provide a statement of specific reasons to each applicant whose bond application has been denied.
Cites activities which constitute unlawful discrimination under this Act. Makes a surety corporation liable to the applicant for civil penalties for violations of this Act. | {"src": "billsum_train", "title": "Equal Surety Bond Opportunity Act of 1993"} | 2,681 | 147 | 0.483728 | 1.378513 | 0.655262 | 2.112 | 19.592 | 0.864 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Agricultural Assistance Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MARKET LOSS ASSISTANCE
Sec. 101. Market loss assistance.
Sec. 102. Oilseeds.
Sec. 103. Peanuts.
Sec. 104. Honey.
Sec. 105. Wool and mohair.
Sec. 106. Cottonseed.
Sec. 107. Specialty crops.
Sec. 108. Loan deficiency payments.
Sec. 109. Payments in lieu of loan deficiency payments for grazed
acreage.
Sec. 110. Milk.
Sec. 111. Pulse crops.
Sec. 112. Tobacco.
Sec. 113. Livestock feed assistance program.
Sec. 114. Increase in payment limitations regarding loan deficiency
payments and marketing loan gains.
TITLE II--ADMINISTRATION
Sec. 201. Obligation period.
Sec. 202. Commodity Credit Corporation.
Sec. 203. Regulations.
TITLE I--MARKET LOSS ASSISTANCE
SEC. 101. MARKET LOSS ASSISTANCE.
(a) In General.--The Secretary of Agriculture (referred to in this
Act as the ``Secretary'') shall, to the maximum extent practicable, use
$5,603,000,000 of funds of the Commodity Credit Corporation to make a
market loss assistance payment to owners and producers on a farm that
are eligible for a final payment for fiscal year 2002 under a
production flexibility contract for the farm under the Agricultural
Market Transition Act (7 U.S.C. 7201 et seq.).
(b) Amount.--The amount of assistance made available to owners and
producers on a farm under this section shall be proportionate to the
amount of the total contract payments received by the owners and
producers for fiscal year 2002 under a production flexibility contract
for the farm under the Agricultural Market Transition Act.
SEC. 102. OILSEEDS.
(a) In General.--The Secretary shall use $466,000,000 of funds of
the Commodity Credit Corporation to make payments to producers that
planted a 2002 crop of oilseeds (as defined in section 102 of the
Agricultural Market Transition Act (7 U.S.C. 7202)).
(b) Computation.--A payment to producers on a farm under this
section for an oilseed shall be equal to the product obtained by
multiplying--
(1) a payment rate determined by the Secretary;
(2) the acreage determined under subsection (c); and
(3) the yield determined under subsection (d).
(c) Acreage.--
(1) In general.--Except as provided in paragraph (2), the
acreage of the producers on the farm for an oilseed under
subsection (b)(2) shall be equal to the number of acres planted
to the oilseed by the producers on the farm during the 1999,
2000, or 2001 crop year, whichever is greatest, as determined
by the Secretary.
(2) New producers.--In the case of producers on a farm that
planted acreage to a type of oilseed during the 2002 crop year
but not the 1999, 2000, or 2001 crop year, the acreage of the
producers for the type of oilseed under subsection (b)(2) shall
be equal to the number of acres planted to the type of oilseed
by the producers on the farm during the 2002 crop year, as
determined by the Secretary.
(d) Yield.--
(1) Soybeans.--Except as provided in paragraph (3), in the
case of soybeans, the yield of the producers on a farm under
subsection (b)(3) shall be equal to the greater of--
(A) the average county yield per harvested acre for
each of the 1997 through 2001 crop years, excluding the
crop year with the greatest yield per harvested acre
and the crop year with the lowest yield per harvested
acre; or
(B) the actual yield of the producers on the farm
for the 1999, 2000, or 2001 crop year, as determined by
the Secretary.
(2) Other oilseeds.--Except as provided in paragraph (3),
in the case of oilseeds other than soybeans, the yield of the
producers on a farm under subsection (b)(3) shall be equal to
the greater of--
(A) the average national yield per harvested acre
for each of the 1997 through 2001 crop years, excluding
the crop year with the greatest yield per harvested
acre and the crop year with the lowest yield per
harvested acre; or
(B) the actual yield of the producers on the farm
for the 1999, 2000, or 2001 crop year, as determined by
the Secretary.
(3) New producers.--In the case of producers on a farm that
planted acreage to a type of an oilseed during the 2002 crop
year but not the 1999, 2000, or 2001 crop year, the yield of
the producers on a farm under subsection (b)(3) shall be equal
to the greater of--
(A) the average county yield per harvested acre for
each of the 1997 through 2001 crop years, excluding the
crop year with the greatest yield per harvested acre
and the crop year with the lowest yield per harvested
acre; or
(B) the actual yield of the producers on the farm
for the 2002 crop.
(4) Data source.--To the maximum extent available, the
Secretary shall use data provided by the National Agricultural
Statistics Service to carry out this subsection.
SEC. 103. PEANUTS.
(a) In General.--The Secretary shall use not more than $55,000,000
of funds of the Commodity Credit Corporation to provide payments to
producers of quota peanuts or additional peanuts to partially
compensate the producers for continuing low commodity prices, and
increasing costs of production, for the 2002 crop year.
(b) Amount.--The amount of a payment made to producers on a farm of
quota peanuts or additional peanuts under subsection (a) shall be equal
to the product obtained by multiplying--
(1) the quantity of quota peanuts or additional peanuts
produced or considered produced on the farm during the 2002
crop year; and
(2) a payment rate equal to--
(A) in the case of quota peanuts, $30.50 per ton;
and
(B) in the case of additional peanuts, $16.00 per
ton.
(c) Losses.--The Secretary shall use such sums of the Commodity
Credit Corporation as are necessary to offset losses for the 2002 crop
of peanuts described in section 155(d) of the Agricultural Market
Transition Act (7 U.S.C. 7271(d)).
SEC. 104. HONEY.
(a) In General.--The Secretary shall use $93,000,000 of funds of
the Commodity Credit Corporation to make available recourse loans to
producers of the 2002 crop of honey on fair and reasonable terms and
conditions, as determined by the Secretary.
(b) Loan Rate.--The loan rate for a loan under subsection (a) shall
be equal to 85 percent of the average price of honey during the 5-crop
year period preceding the 2002 crop year, excluding the crop year in
which the average price of honey was the highest and the crop year in
which the average price of honey was the lowest in the period.
(c) Term of Loan.--A loan under this section shall have a term of 9
months beginning on the first day of the first month after the month in
which the loan is made.
SEC. 105. WOOL AND MOHAIR.
(a) In General.--The Secretary shall use $10,000,000 of funds of
the Commodity Credit Corporation to provide a supplemental payment
under section 814 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001 (114
Stat. 1549, 1549A-55), to producers of wool, and producers of mohair,
for the 2002 marketing year that received a payment under that section.
(b) Payment Rate.--The Secretary shall adjust the payment rate
specified in that section to reflect the amount made available for
payments under this section.
SEC. 106. COTTONSEED.
The Secretary shall use $100,000,000 of funds of the Commodity
Credit Corporation to provide assistance to producers and first-
handlers of the 2002 crop of cottonseed.
SEC. 107. SPECIALTY CROPS.
(a) Definition of Specialty Crop.--In this section, the term
``specialty crop'' means any agricultural commodity, other than wheat,
feed grains, oilseeds, cotton, rice, peanuts, or tobacco.
(b) Grants.--The Secretary shall use $150,000,000 of funds of the
Commodity Credit Corporation to make a grant to each State in an amount
that represents the proportion that--
(1) the value of specialty crop production in the State;
bears to
(2) the value of specialty crop production in all States.
(c) Use.--As a condition of the receipt of a grant under this
section, a State shall agree to use the grant to support specialty
crops.
(d) Purchases for School Nutrition Programs.--The Secretary shall
use not less than $55,000,000 of the funds made available under
subsection (a) to purchase agricultural commodities of the type
distributed under section 6(a) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1755(a)) for distribution to schools and
service institutions in accordance with section 6(a) of that Act.
SEC. 108. LOAN DEFICIENCY PAYMENTS.
Section 135 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7235) is amended--
(1) in subsection (a)(2), by striking ``the 2000 crop
year'' and inserting ``each of the 2000 through 2002 crop
years''; and
(2) by striking subsections (e) and (f) and inserting the
following:
``(e) Beneficial Interest.--
``(1) In general.--A producer shall be eligible for a
payment for a loan commodity under this section only if the
producer has a beneficial interest in the loan commodity, as
determined by the Secretary.
``(2) Application.--The Secretary shall make a payment
under this section to the producers on a farm with respect to a
quantity of a loan commodity as of the earlier of--
``(A) the date on which the producers on the farm
marketed or otherwise lost beneficial interest in the
loan commodity, as determined by the Secretary; or
``(B) the date the producers on the farm request
the payment.''.
SEC. 109. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
(a) In General.--Subtitle C of title I of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7231 et seq.) is amended
by adding at the end the following:
``SEC. 138. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
``(a) In General.--For the 2002 crop of wheat, grain sorghum,
barley, and oats, in the case of the producers on a farm that would be
eligible for a loan deficiency payment under section 135 for wheat,
grain sorghum, barley, or oats, but that elects to use acreage planted
to the wheat, grain sorghum, barley, or oats for the grazing of
livestock, the Secretary shall make a payment to the producers on the
farm under this section if the producers on the farm enter into an
agreement with the Secretary to forgo any other harvesting of the
wheat, grain sorghum, barley, or oats on the acreage.
``(b) Payment Amount.--The amount of a payment made to the
producers on a farm under this section shall be equal to the amount
obtained by multiplying--
``(1) the loan deficiency payment rate determined under
section 135(c) in effect, as of the date of the agreement, for
the county in which the farm is located; by
``(2) the payment quantity obtained by multiplying--
``(A) the quantity of the grazed acreage on the
farm with respect to which the producers on the farm
elect to forgo harvesting of wheat, grain sorghum,
barley, or oats; and
``(B) the payment yield for that contract commodity
on the farm.
``(c) Time, Manner, and Availability of Payment.--
``(1) Time and manner.--A payment under this section shall
be made at the same time and in the same manner as loan
deficiency payments are made under section 135.
``(2) Availability.--The Secretary shall establish an
availability period for the payment authorized by this section
that is consistent with the availability period for wheat,
grain sorghum, barley, and oats established by the Secretary
for marketing assistance loans authorized by this subtitle.
``(d) Prohibition on Crop Insurance or Noninsured Crop
Assistance.--The producers on a farm shall not be eligible for
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
or noninsured crop assistance under section 196 with respect to a crop
of wheat, grain sorghum, barley, or oats planted on acreage that the
producers on the farm elect, in the agreement required by subsection
(a), to use for the grazing of livestock in lieu of any other
harvesting of the crop.''.
SEC. 110. MILK.
Section 141 of the Agricultural Market Transition Act (7 U.S.C.
7251) is amended by striking ``May 31, 2002'' each place it appears and
inserting ``December 31, 2002''.
SEC. 111. PULSE CROPS.
(a) In General.--The Secretary shall use $20,000,000 of funds of
the Commodity Credit Corporation to provide assistance in the form of a
market loss assistance payment to owners and producers on a farm that
grow a 2002 crop of dry peas, lentils, or chickpeas (collectively
referred to in this section as a ``pulse crop'').
(b) Computation.--A payment to owners and producers on a farm under
this section for a pulse crop shall be equal to the product obtained by
multiplying--
(1) a payment rate determined by the Secretary; by
(2) the acreage of the producers on the farm for the pulse
crop determined under subsection (c).
(c) Acreage.--
(1) In general.--The acreage of the producers on the farm
for a pulse crop under subsection (b)(2) shall be equal to the
number of acres planted to the pulse crop by the owners and
producers on the farm during the 1999, 2000, or 2001 crop year,
whichever is greatest.
(2) Basis.--For the purpose of paragraph (1), the number of
acres planted to a pulse crop by the owners and producers on
the farm for a crop year shall be based on (as determined by
the Secretary)--
(A) the number of acres planted to the pulse crop
for the crop year by the owners and producers on the
farm, including any acreage that is included in reports
that are filed late; or
(B) the number of acres planted to the pulse crop
for the crop year for the purpose of the Federal crop
insurance program established under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.).
SEC. 112. TOBACCO.
(a) Payments.--The Secretary shall use $100,000,000 of funds of the
Commodity Credit Corporation to provide supplemental payments to
owners, controllers, and growers of tobacco for which a basic quota or
allotment is established for the 2002 crop year under part I of
subtitle B of title III of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1311 et seq.), as determined by the Secretary.
(b) Loan Forfeitures.--Notwithstanding sections 106 through 106B of
the Agricultural Act of 1949 (7 U.S.C. 1445 through 1445-2)--
(1) a producer-owned cooperative marketing association may
fully settle (without further cost to the Association) a loan
made for each of the 2000 and 2001 crops of types 21, 22, 23,
35, 36, and 37 of an agricultural commodity under sections 106
through 106B of that Act by forfeiting to the Commodity Credit
Corporation the agricultural commodity covered by the loan
regardless of the condition of the commodity;
(2) any losses to the Commodity Credit Corporation as a
result of paragraph (1)--
(A) shall not be charged to the Account (as defined
in section 106B(a) of that Act); and
(B) shall not affect the amount of any assessment
imposed against the commodity under sections 106
through 106B of that Act; and
(3) the commodity forfeited pursuant to this subsection--
(A) shall not be counted for the purposes of any
determination for any year pursuant to section 319 of
the Agricultural Adjustment Act of 1938 (7 U.S.C.
1314e); and
(B) may be disposed of in a manner determined by
the Secretary of Agriculture, except that the commodity
may not be sold for use in the United States for human
consumption.
SEC. 113. LIVESTOCK FEED ASSISTANCE PROGRAM.
The Secretary shall use $500,000,000 of funds of the Commodity
Credit Corporation to provide livestock feed assistance to livestock
producers affected by disasters during calendar year 2001 or 2002.
SEC. 114. INCREASE IN PAYMENT LIMITATIONS REGARDING LOAN DEFICIENCY
PAYMENTS AND MARKETING LOAN GAINS.
Notwithstanding section 1001(2) of the Food Security Act of 1985 (7
U.S.C. 1308(1)), the total amount of the payments specified in section
1001(3) of that Act that a person shall be entitled to receive for one
or more contract commodities and oilseeds under the Agricultural Market
Transition Act (7 U.S.C. 7201 et seq.) during the 2002 crop year may
not exceed $150,000.
TITLE II--ADMINISTRATION
SEC. 201. OBLIGATION PERIOD.
The Secretary and the Commodity Credit Corporation shall obligate
funds only during fiscal year 2002 to carry out this Act and the
amendments made by this Act (other than sections 106, 107, and 110).
SEC. 202. COMMODITY CREDIT CORPORATION.
Except as otherwise provided in this Act, the Secretary shall use
the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out this Act.
SEC. 203. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act and the amendments made by this
Act.
(b) Procedure.--The promulgation of the regulations and
administration of the amendments made by this Act shall be made without
regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code. | Emergency Agricultural Assistance Act of 2002 - Directs the Secretary of Agriculture to provide market loss assistance payments to owners and producers on a farm that are eligible for a final FY 2002 production flexibility contract payment.Directs the Secretary to provide assistance for: (1) soybeans and oilseeds; (2) quota or additional peanuts; (3) honey (loans); (4) wool and mohair; (5) cottonseed; (6) specialty crops, including school nutrition program commodities; (7) pulse crops (chickpeas, lentils, dry peas); and (8) tobacco.Amends the Federal Agriculture Improvement and Reform Act of 1996 to extend loan deficiency payment eligibility through crop year 2002 for contract commodity producers who are not eligible for marketing assistance loans.Directs the Secretary to make payments in lieu of loan deficiency payments for crop year 2002 to producers who: (1) elect to use wheat, grain sorghum, barley, or oats acreage for livestock grazing; and (2) agree to forgo any other harvesting of such crops on such acreage. States that such acreage shall be ineligible for Federal crop insurance.Amends the Agricultural Market Transition Act to extend milk price supports.Directs the Secretary to provide livestock feed assistance to producers affected by 2001 or 2002 disasters.Increases crop year 2002 payment limitations respecting loan deficiency payments and marketing assistance loans for oilseeds and contract commodities.States that funds shall be obligated and expended only during FY 2002 (with specified exceptions) to carry out this Act and its amendments. | {"src": "billsum_train", "title": "To provide emergency agricultural assistance to producers of the 2002 crop of certain agricultural commodities."} | 4,453 | 347 | 0.608618 | 1.839261 | 0.717072 | 2.719723 | 13.384083 | 0.920415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean School Buses Act''.
SEC. 2. ESTABLISHMENT OF PILOT PROGRAM.
(a) Establishment.--The Secretary of Energy, in consultation with
the Administrator of the Environmental Protection Agency, shall
establish a pilot program for awarding grants on a competitive basis to
eligible entities for the demonstration and commercial application of
alternative fuel school buses and ultra-low sulfur diesel school buses.
(b) Requirements.--Not later than 3 months after the date of the
enactment of this Act, the Secretary of Energy shall establish and
publish in the Federal register grant requirements on eligibility for
assistance, and on implementation of the program established under
subsection (a), including certification requirements to ensure
compliance with this Act.
(c) Solicitation.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall solicit proposals for grants
under this section.
(d) Eligible Recipients.--A grant shall be awarded under this
section only--
(1) to a local or State governmental entity responsible for
providing school bus service to one or more public school
systems or responsible for the purchase of school buses; or
(2) to a contracting entity that provides school bus
service to one or more public school systems, if the grant
application is submitted jointly with the school system or
systems which the buses will serve.
(e) Types of Grants.--
(1) In general.--Grants under this section shall be for the
demonstration and commercial application of technologies to
facilitate the use of alternative fuel school buses and ultra-
low sulfur diesel school buses in lieu of buses manufactured
before model year 1977 and diesel-powered buses manufactured
before model year 1991.
(2) No economic benefit.--Other than the receipt of the
grant, a recipient of a grant under this section may not
receive any economic benefit in connection with the receipt of
the grant.
(3) Priority of grant applications.--The Secretary shall
give priority to awarding grants to applicants who can
demonstrate the use of alternative fuel buses and ultra-low
sulfur diesel school buses in lieu of buses manufactured before
model year 1977.
(f) Conditions of Grant.--A grant provided under this section shall
include the following conditions:
(1) All buses acquired with funds provided under the grant
shall be operated as part of the school bus fleet for which the
grant was made for a minimum of 5 years.
(2) Funds provided under the grant may only be used--
(A) to pay the cost, except as provided in
paragraph (3), of new alternative fuel school buses or
ultra-low sulfur diesel school buses, including State
taxes and contract fees; and
(B) to provide--
(i) up to 10 percent of the price of the
alternative fuel buses acquired, for necessary
alternative fuel infrastructure if the
infrastructure will only be available to the
grant recipient; and
(ii) up to 15 percent of the price of the
alternative fuel buses acquired, for necessary
alternative fuel infrastructure if the
infrastructure will be available to the grant
recipient and to other bus fleets.
(3) The grant recipient shall be required to provide at
least the lesser of 15 percent of the total cost of each bus
received or $15,000 per bus.
(4) In the case of a grant recipient receiving a grant to
demonstrate ultra-low sulfur diesel school buses, the grant
recipient shall be required to provide documentation to the
satisfaction of the Secretary that diesel fuel containing
sulfur at not more than 15 parts per million is available for
carrying out the purposes of the grant, and a commitment by the
applicant to use such fuel in carrying out the purposes of the
grant.
(g) Buses.--Funding under a grant made under this section may be
used to demonstrate the use only of new alternative fuel school buses
or ultra-low sulfur diesel school buses--
(1) with a gross vehicle weight of greater than 14,000
pounds;
(2) that are powered by a heavy duty engine;
(3) that, in the case of alternative fuel school buses
manufactured in model years 2003 through 2006, emit not more
than 1.8 grams per brake horsepower-hour of nonmethane
hydrocarbons and oxides of nitrogen and .01 grams per brake
horsepower-hour of particulate matter; and
(4) that, in the case of ultra-low sulfur diesel school
buses, emit not more than--
(A) for buses manufactured in model year 2003, 3.0
grams per brake horsepower-hour of oxides of nitrogen
and .01 grams per brake horsepower-hour of particulate
matter; and
(B) for buses manufactured in model years 2004
through 2006, 2.5 grams per brake horsepower-hour of
nonmethane hydrocarbons and oxides of nitrogen and .01
grams per brake horsepower-hour of particulate matter,
except that under no circumstances shall buses be acquired
under this section that emit nonmethane hydrocarbons, oxides of
nitrogen, or particulate matter at a rate greater than the best
performing technology of the same class of ultra-low sulfur
diesel school buses commercially available at the time the
grant is made.
(h) Deployment and Distribution.--The Secretary of Energy shall
seek to the maximum extent practicable to achieve nationwide deployment
of alternative fuel school buses and ultra-low sulfur diesel school
buses through the program under this section, and shall ensure a broad
geographic distribution of grant awards, with a goal of no State
receiving more than 10 percent of the grant funding made available
under this section for a fiscal year.
(i) Limit on Funding.--The Secretary shall provide not less than 20
percent and not more than 25 percent of the grant funding made
available under this section for any fiscal year for the acquisition of
ultra-low sulfur diesel school buses.
(j) Annual Report.--Not later than January 31 of each year, the
Secretary of Energy shall provide a report evaluating implementation of
the program under this Act to the Congress. Such report shall include
the total number of grant applications received, the number and types
of alternative fuel buses and ultra-low sulfur diesel school buses
requested in grant applications, a list of grants awarded and the
criteria used to select the grant recipients, certified engine emission
levels of all buses purchased under the program, and any other
information the Secretary considers appropriate.
(k) Definitions.--For purposes of this section--
(1) the term ``alternative fuel school bus'' means a bus
powered substantially by electricity (including electricity
supplied by a fuel cell), or by liquefied natural gas,
compressed natural gas, liquefied petroleum gas, hydrogen,
propane, or methanol or ethanol at no less than 85 percent by
volume; and
(2) the term ``ultra-low sulfur diesel school bus'' means a
school bus powered by diesel fuel which contains sulfur at not
more than 15 parts per million.
SEC. 3. FUEL CELL BUS DEVELOPMENT AND DEMONSTRATION PROGRAM.
(a) Establishment of Program.--The Secretary of Energy shall
establish a program for entering into cooperative agreements with
private sector fuel cell bus developers for the development of fuel
cell-powered school buses, and subsequently with not less than 2 units
of local government using natural gas-powered school buses and such
private sector fuel cell bus developers to demonstrate the use of fuel
cell-powered school buses.
(b) Cost Sharing.--The non-Federal contribution for activities
funded under this section shall be not less than--
(1) 20 percent for fuel infrastructure development
activities; and
(2) 50 percent for demonstration activities and for
development activities not described in paragraph (1).
(c) Funding.--No more than $25,000,000 of the amounts authorized
under section 4 may be used for carrying out this section for the
period encompassing fiscal years 2004 through 2006.
(d) Reports to Congress.--Not later than 3 years after the date of
the enactment of this Act, and not later than October 1, 2006, the
Secretary of Energy shall transmit to the Congress a report that--
(1) evaluates the process of converting natural gas
infrastructure to accommodate fuel cell-powered school buses;
and
(2) assesses the results of the development and
demonstration program under this section.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Energy
for carrying out this Act, to remain available until expended--
(1) $60,000,000 for fiscal year 2003;
(2) $70,000,000 for fiscal year 2004;
(3) $80,000,000 for fiscal year 2005; and
(4) $90,000,000 for fiscal year 2006. | Clean School Buses Act - Directs the Secretary of Energy to establish a pilot program for awarding grants on a competitive basis to eligible entities for the demonstration and commercial application of alternative fuel school buses and ultra-low sulfur diesel school buses.
Directs the Secretary to establish a program for entering into cooperative agreements with private sector fuel cell bus developers to develop fuel cell-powered school buses, and subsequently with at least two units of local government using natural gas-powered school buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered school buses. | {"src": "billsum_train", "title": "To provide for the establishment by the Secretary of Energy of a pilot program and a development and demonstration program for clean fuel school buses, and for other purposes."} | 1,823 | 121 | 0.668794 | 1.621705 | 0.535991 | 8.495495 | 15.873874 | 0.963964 |
SECTION 1. AUTHORITY FOR QUALIFYING STATES TO USE ALL OR ANY PORTION OF
THEIR SCHIP ALLOTMENTS FOR CERTAIN MEDICAID EXPENDITURES.
(a) In General.--Section 2105(g)(1)(A) of the Social Security Act
(42 U.S.C. 1397ee(g)(1)(A)) is amended by striking ``not more than 20
percent of any allotment under section 2104 for fiscal year 1998, 1999,
2000, 2001, 2004, or 2005'' and inserting ``all or any portion of any
allotment made to the State under section 2104 for a fiscal year''.
(b) Additional Requirements.--Section 2105(g)(2) of such Act (42
U.S.C. 1397ee(g)(2)) is amended--
(1) by striking ``a State, that, on'' and inserting ``a
State that is described in subparagraph (A) and satisfies all
of the requirements of subparagraph (B).
``(A) State described.--A State described in this
subparagraph is a State that, on''; and
(2) by adding at the end the following:
``(B) Requirements.--The requirements of this
subparagraph are the following:
``(i) No reduction in medicaid or schip
income eligibility.--Since January 1, 2001, the
State has not reduced the income, assets, or
resource requirements for eligibility for
medical assistance under title XIX or for child
health assistance under this title.
``(ii) No waiting list imposed.--The State
does not impose any numerical limitation,
waiting list, or similar limitation on the
eligibility of children for medical assistance
under title XIX or child health assistance
under this title and does not limit the
acceptance of applications for such assistance.
``(iii) Provides assistance to all children
who apply and qualify.--The State provides
medical assistance under title XIX or child
health assistance under this title to all
children in the State who apply for and meet
the eligibility standards for such assistance.
``(iv) Protection against inability to pay
premiums or copayments.--The State ensures that
no child loses coverage under title XIX or this
title, or is denied needed care, as a result of
the child's parents' inability to pay any
premiums or cost-sharing required under such
title.
``(v) Additional requirements.--The State
has implemented at least 3 of the following
policies and procedures (relating to coverage
of children under title XIX and this title):
``(I) Simplified application
form.--With respect to children who are
eligible for medical assistance under
title XIX, the State uses the same
simplified application form (including,
if applicable, permitting application
other than in person) for purposes of
establishing eligibility for assistance
under title XIX and this title.
``(II) Elimination of asset test.--
The State does not apply any asset test
for eligibility under title XIX or this
title with respect to children.
``(III) Adoption of 12-month
continuous enrollment.--The State
provides that eligibility shall not be
regularly redetermined more often than
once every year under this title or for
children eligible for medical
assistance under title XIX.
``(IV) Same verification and
redetermination policies; automatic
reassessment of eligibility.--With
respect to children who are eligible
for medical assistance under section
1902(a)(10)(A), the State provides for
initial eligibility determinations and
redeterminations of eligibility using
the same verification policies
(including with respect to face-to-face
interviews), forms, and frequency as
the State uses for such purposes under
this title, and, as part of such
redeterminations, provides for the
automatic reassessment of the
eligibility of such children for
assistance under title XIX and this
title.
``(V) Outstationing enrollment
staff.--The State provides for the
receipt and initial processing of
applications for benefits under this
title and for children under title XIX
at facilities defined as
disproportionate share hospitals under
section 1923(a)(1)(A) and Federally-
qualified health centers described in
section 1905(l)(2)(B) consistent with
section 1902(a)(55).''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2006, and shall apply to expenditures described in
section 2105(g)(1)(B)(ii) of the Social Security Act (42 U.S.C.
1397ee(g)(1)(B)(ii)) that are made after that date. | Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to allow qualifying states to use all or any portion (currently, up to 20%) of their allotments under SCHIP for certain Medicaid (SSA title XIX) expenditures.
Requires qualifying states to meet at least three of certain policies and procedures, including: (1) a simplified application process; (2) elimination of any asset test; (3) twelve-month continuous eligibility; and (4) easy access to enrollment staff. | {"src": "billsum_train", "title": "A bill to amend title XXI of the Social Security Act to allow qualifying States to use all or any portion of their allotments under the State Children's Health Insurance Program for certain Medicaid expenditures."} | 1,073 | 121 | 0.457006 | 1.266342 | 0.439491 | 2.233645 | 8.11215 | 0.831776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Apprenticeship Act''.
SEC. 2. PRE-APPRENTICESHIP AND APPRENTICESHIP PROGRAMS.
(a) Definitions.--In this Act:
(1) Apprenticeship.--The term ``apprenticeship'' means an
apprenticeship registered under the Act of August 16, 1937
(commonly known as the ``National Apprenticeship Act''; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(2) Postsecondary educational institution.--The term
``postsecondary educational institution'' means an institution
of higher education, as defined in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002).
(3) Pre-apprenticeship.--The term ``pre-apprenticeship'',
used with respect to a program, means an initiative or set of
strategies that--
(A) is designed to prepare individuals to enter and
succeed in an apprenticeship program;
(B) is carried out by a sponsor described in
paragraph (6)(B) that has a documented partnership with
one or more sponsors of apprenticeship programs; and
(C) includes each of the following:
(i) Training (including a curriculum for
the training), aligned with industry standards
related to apprenticeships, and reviewed and
approved annually by sponsors of the
apprenticeships within the documented
partnership, that will prepare individuals by
teaching the skills and competencies needed to
enter one or more apprenticeship programs.
(ii) Provision of hands-on training and
theoretical education to individuals that--
(I) is carried out in a manner that
includes proper observation of
supervision and safety protocols; and
(II) is carried out in a manner
that does not displace a paid employee.
(iii) A formal agreement with a sponsor of
an apprenticeship program that would enable
participants who successfully complete the pre-
apprenticeship program to enter directly into
the apprenticeship program (if a place in the
program is available and if the participant
meets the qualifications of the apprenticeship
program), and includes agreements concerning
earning credit recognized by a postsecondary
educational institution for skills and
competencies acquired during the pre-
apprenticeship program.
(4) Related instruction.--The term ``related instruction''
means an organized and systematic form of instruction designed
to provide an apprentice with the knowledge of the theoretical
and technical subjects related to the occupation of the
apprentice or the instruction needed to prepare an individual
to enter and succeed in an apprenticeship program.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) Sponsor.--The term ``sponsor'' means--
(A) with respect to an apprenticeship program, an
employer, joint labor-management partnership, trade
association, professional association, labor
organization, or other entity, that administers the
apprenticeship program; and
(B) with respect to a pre-apprenticeship program, a
local educational agency, a secondary school, an area
career and technical education school, a State board, a
local board, or a community-based organization, with
responsibility for the pre-apprenticeship program.
(7) Workforce innovation and opportunity act definitions.--
The terms ``area career and technical education school'',
``community-based organization'', ``individual with a barrier
to employment'', ``local board'', ``local educational agency'',
``secondary school'', and ``State board'' have the meanings
given the terms in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(b) Grants for Tuition Assistance.--
(1) In general.--The Secretary may make grants to States on
a competitive basis to assist the States in, and pay for the
Federal share of the cost of, carrying out projects that defray
the cost of related instruction associated with pre-
apprenticeship and apprenticeship programs.
(2) Application.--To be eligible to receive a grant under
this subsection, a State shall submit an application to the
Secretary for such a project at such time, in such manner, and
containing a strategic plan that contains such information as
the Secretary may require, including--
(A) information identifying the State agency that
will administer the grant as determined by the Governor
of the State;
(B) a description of strategies that the State
entity will use to collaborate with key industry
representatives, State agencies, postsecondary
educational institutions, labor-management entities,
and other relevant partners to launch or expand pre-
apprenticeships and apprenticeships;
(C) a description of how the State entity will--
(i) coordinate activities carried out under
this subsection with activities carried out
under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.)
and the Workforce Innovation and Opportunity
Act (29 U.S.C. 3101 et seq.) to support pre-
apprenticeships and apprenticeships; and
(ii) leverage funds provided under the Acts
specified in clause (i) to support pre-
apprenticeships and apprenticeships; and
(iii) utilize, and encourage individual
participants in programs supported under this
subsection to utilize, available Federal and
State financial assistance, including
assistance available under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101
et seq.), education assistance benefits
available to veterans, and Federal Pell Grants
available under section 401 of the Higher
Education Act of 1965 (20 U.S.C. 1070a), prior
to using assistance made available under this
Act;
(D) a description of strategies to elevate
apprenticeships as a workforce solution in both
traditional and nontraditional industries, such as
information technology, health care, advanced
manufacturing, construction trades, transportation, and
other industries determined to be high-demand by the
State board for the State;
(E) a description of activities that the State
entity will carry out to build awareness about the
economic potential of apprenticeships;
(F) a description that outlines how the State
entity will increase opportunities for pre-
apprenticeships and apprenticeships among members of
minority groups, youth, individuals with disabilities,
veterans, and individuals with barriers to employment;
(G) information describing--
(i) how the State entity will meet
performance measures, and comply with an
evaluation system and reporting requirements,
established by the Secretary under paragraph
(6); and
(ii) at the election of the State, any
State performance measures and goals that the
State will use to measure the effectiveness of
the project; and
(H) in the case of a State that has already
received a grant under this subsection for a project,
information indicating that the State met the
performance measures with respect to the project.
(3) Application review process.--A joint team of employees
from the Department of Labor and the Department of Education
shall--
(A) review such an application; and
(B) make recommendations to the Secretary regarding
approval of the application.
(4) Use of funds.--A State that receives a grant under this
subsection shall use the funds made available through the grant
to defray any of the following costs of related instruction:
(A) Tuition and fees.
(B) Cost of textbooks, equipment, curriculum
development, and other required educational materials.
(C) Costs of any other item or service determined
by the State to be necessary.
(5) Administrative costs.--The State may use not more than
10 percent of the grant funds for administrative costs relating
to carrying out the project described in paragraph (1).
(6) Performance and evaluation.--The Secretary, after
consultation with the Secretary of Education, shall--
(A) establish performance measures based on
indicators set by the Administrator of the Office of
Apprenticeship of the Department of Labor; and
(B) establish an evaluation system aligned with the
performance measures, and reporting requirements for
the program carried out under this subsection.
(c) Federal Share.--
(1) In general.--The Federal share of the cost described in
subsection (b)(1) shall be not less than 20 percent and not
more than 50 percent.
(2) Non-federal share.--The State may make the non-Federal
share available--
(A) in cash or in kind, fairly evaluated, including
plant, equipment, or services; and
(B) directly or through donations from public or
private entities.
(d) Report.--The Secretary shall prepare and submit to Congress,
not later than September 30, 2021, a report--
(1) detailing the results of the evaluation described in
subsection (b)(6)(B); and
(2) analyzing the extent to which States have used grant
funds effectively under this section.
(e) Policy of the United States.--It is the policy of the United
States that funds made available under this section should be used to
supplement and not supplant other funds available under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102 et seq.) and other
Federal and State funds available to the State to support workforce
development programs.
SEC. 3. IDENTIFYING IN-DEMAND OCCUPATIONS.
The Secretary shall--
(1) identify in-demand occupations nationally and
regionally that lack the use of apprenticeships;
(2) analyze the use of the apprenticeship model in those
identified in-demand occupations; and
(3) prepare and submit to States and Congress a report that
contains the analysis described in paragraph (2).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$15,000,000 for each of fiscal years 2017 through 2022. | American Apprenticeship Act This bill directs the Department of Labor to make competitive grants to assist states in, and to pay for the federal share of between 20% and 50% of the cost of, carrying out projects that defray the cost of instruction associated with pre-apprenticeship and apprenticeship programs. The bill defines: (1) "apprenticeship" as one registered under the National Apprenticeship Act of 1937; and (2) "pre-apprenticeship" as an initiative or set of strategies that provides training, that is designed to prepare individuals to enter and succeed in an apprenticeship program, and that includes a formal agreement enabling participants who complete it to enter an apprenticeship program with an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity and agreements concerning earning credit recognized by a postsecondary educational institution. A joint team of employees from Labor and the Department of Education shall review, and make recommendations regarding approval of, grant applications. A state that receives a grant shall use the funds to defray related costs of tuition and fees, textbooks, equipment, curriculum development, and other required educational materials. Labor shall: (1) establish performance measures and an evaluation system for such grant program; and (2) identify in-demand occupations that lack the use of apprenticeships, analyze the use of the apprenticeship model in those occupations, and report on such analysis to states and Congress. | {"src": "billsum_train", "title": "American Apprenticeship Act"} | 2,084 | 292 | 0.645382 | 1.861168 | 0.755893 | 3.930909 | 7.116364 | 0.941818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First State National Historical Park
Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the State of Delaware contains a collection of
nationally significant resources relating to--
(A) the early succession of the Dutch, Swedish, and
English settlement of the United States; and
(B) the period leading up to the role of Delaware
as the first State to ratify the Constitution on
December 7, 1787;
(2) among the resources relating to the early settlement of
the United States are--
(A) National Historic Landmarks in Wilmington,
Delaware, including--
(i) the site of Fort Christina, which was--
(I) constructed in 1638 by
colonists led by Peter Minuet to be the
focal point of New Sweden; and
(II) the first Swedish settlement
in North America; and
(ii) Old Swedes Church, which is the oldest
church building still standing as originally
built;
(B) historic sites in New Castle, Delaware,
including--
(i) Fort Casimir, which was constructed by
the Dutch in 1651; and
(ii) the New Castle Historic District,
which is the location of an assemblage of
resources associated with Dutch, Swedish, and
English settlement of the State; and
(C) the Lewes Historic District in Lewes, Delaware,
which--
(i) is listed on the National Register of
Historic Places;
(ii) was a significant location for early
Dutch settlement and early nationhood;
(iii) is the oldest town formed in
Delaware; and
(iv) contains Ryves Holt House, which--
(I) was built in 1665; and
(II) is the oldest building still
standing in the State;
(3) among the nationally significant resources relating to
the period of English settlement and the birth of the United
States are a collection of resources in New Castle, Delaware,
including--
(A) the Old New Castle Courthouse, which served as
the capitol of the colony until 1777; and
(B) other National Historic Landmarks, including--
(i) the home of John Dickinson, who is
known as the ``Penman of the Revolution'';
(ii) the Jacob Broom House, which was the
home of Jacob Broom, delegate to the
Constitutional Convention;
(iii) Lombardy Hall, which was the home of
Gunning Bedford, Jr., delegate to the
Constitutional Convention; and
(iv) Stonum, which was the home of George
Read, who was--
(I) a delegate to the
Constitutional Convention; and
(II) an advocate of the early
ratification of the Constitution by the
State of Delaware;
(4) Dover Green, laid out in 1717 in accordance with the
1683 orders of William Penn, was the site at which Delaware--
(A) voted to ratify the Constitution;
(B) mustered a Continental Regiment during the
Revolution; and
(C) celebrated the reading of the Declaration of
Independence in 1776;
(5) the State Archives in Dover, Delaware, contains records
and documents of persons and events that contribute to public
knowledge and understanding of--
(A) the period of the early settlement of Delaware;
and
(B) the role of Delaware as the First State;
(6) the Zwaanendael Museum in Lewes, Delaware--
(A) commemorates the founding of the first European
settlement in the State by the Dutch in 1631; and
(B) provides exhibits and information on the
maritime, social, and military history of the Lewes
area; and
(7) it is fitting and proper that the resources described
in this subsection be recognized through the establishment of
the first unit of the National Park System in the State of
Delaware so that the public may better understand and
appreciate the contributions of those resources to the history
of the United States.
(b) Purpose.--The purpose of this Act is to establish the First
State National Historical Park to preserve, protect, and promote public
understanding and appreciation of--
(1) the cultural and historic resources associated with
early Dutch, Swedish, and English settlement in Delaware; and
(2) the events, places, and persons associated with the
role of Delaware as the ``First State''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``First
State National Historical Park-Proposed Boundary'', numbered
[____], and dated [_____].
(2) Park.--The term ``Park'' means the First State National
Historical Park established by section 4(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Delaware.
SEC. 4. ESTABLISHMENT OF THE FIRST STATE NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established in the State a unit of the
National Park System to be known as the ``First State National
Historical Park''.
(b) Purpose.--The purpose of the Park is to preserve, protect, and
interpret--
(1) the historic and cultural resources associated with
Dutch, Swedish, and English settlement in the State; and
(2) the resources associated with the role of the State as
the first State to ratify the Constitution.
(c) Boundaries.--
(1) In general.--The Park shall be comprised of the
following, as generally depicted on the map:
(A) The New Castle Historic District.
(B) Fort Christina.
(C) The Old Swedes Church.
(D) The John Dickinson Plantation.
(E) Lombardy Hall.
(F) Stonum.
(G) The Lewes Historic District.
(H) The Dover Green.
(2) Availability of map.--The map shall be available for
public inspection in the appropriate offices of the National
Park Service.
(3) Headquarters.--The headquarters for the Park shall be
in the City of New Castle, Delaware.
(d) Acquisition of Land.--The Secretary may acquire land or
interests in land within the boundaries of the Park by--
(1) donation;
(2) purchase from willing sellers with donated or
appropriated funds; or
(3) exchange.
(e) Administration.--The Secretary shall administer the Park in
accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(f) Grants and Cooperative Agreements.--Subject to the availability
of funds under section 6(a), the Secretary may provide grants and
technical assistance to, and to enter into cooperative agreements
with--
(1) the State, political subdivisions of the State
(including the cities of Wilmington, New Castle, Dover, and
Lewes, Delaware), nonprofit organizations, and private property
owners for--
(A) the development, management, and operation of
visitor service facilities, subject to the non-Federal
entity agreeing to provide the National Park Service,
at no extra cost, with sufficient office space and
exhibition areas to carry out the purposes of the Park
within the facilities;
(B) historic preservation of, research on, and
interpretation of properties within the boundary of the
Park, including research on the archaeology of the
Park;
(C) public access;
(D) educational programs; and
(E) signage and interpretive devices on properties
and sites within the Park for interpretive purposes;
and
(2) the State Archives located in Dover, Delaware, and the
Zwaanandael Museum located in Lewes, Delaware, for research and
exhibits relating to the purposes of the Park.
(g) Interpretation.--The Secretary may provide interpretive tours
to historic sites within the State located outside the boundaries of
the Park that include resources relating to--
(1) early Dutch, Swedish, and English settlement; and
(2) the period leading up to the role of the State as the
first State to ratify the Constitution.
(h) General Management Plan.--Not later than 3 years after the date
on which funds are made available to carry out this subsection, the
Secretary, in coordination with the State and in consultation with
owners of properties within the boundaries of the Park, shall prepare a
general management plan for the Park in accordance with section 12(b)
of Public Law 91-383 (16 U.S.C. 1a-7(b)).
SEC. 5. STUDY OF ADDITIONAL PROPERTIES.
(a) In General.--Not later than 3 years after the date on which
funds are made available under section 6(a), the Secretary shall
complete a study regarding the preservation and interpretation of
additional properties in the State that relate to the purposes
described in section 4(b).
(b) Inclusions.--The study shall include an assessment of--
(1) the potential for designating the properties as
National Historic Landmarks; and
(2) options for maintaining the historic integrity of the
properties.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to carry out this Act, including--
(1) $3,000,000 for grants to the State, political
subdivisions of the State, and nonprofit organizations for the
rehabilitation of existing structures to serve as
administrative and visitor services facilities for the Park;
and
(2) $2,500,000 for grants to the State, political
subdivisions of the State, private property owners, and
nonprofit organizations for--
(A) the historic preservation and restoration of
resources within the boundary of the Park; and
(B) the costs of design, construction,
installation, and maintenance of any exhibits relating
to the Park.
(b) Non-Federal Share.--
(1) In general.--The Federal share of the cost of
activities under paragraphs (1) and (2) of subsection (a) shall
be not more than 50 percent.
(2) Form.--The non-Federal share required under paragraph
(1) may be in the form of in-kind contributions of goods or
services fairly valued. | First State National Historical Park Act - Establishes the First State National Historical Park in Delaware as a unit of the National Park System.
Specifies that the purpose of the Park is the preservation, protection, and interpretation of the historic and cultural resources associated with Dutch, Swedish, and English settlement in Delaware and the resources associated with the role of the state of Delaware as the first state to ratify the Constitution.
Requires the preparation of a general management plan for the Park.
Requires completion of a study regarding the preservation and interpretation of additional properties in Delaware that relate to the Park's purposes, including an assessment of: (1) the potential for designating them as National Historic Landmarks; and (2) options for maintaining their historic integrity. | {"src": "billsum_train", "title": "To establish the First State National Historical Park in the State of Delaware, and for other purposes."} | 2,263 | 159 | 0.556889 | 1.602082 | 0.788857 | 4.558621 | 14.758621 | 0.931034 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) free trade agreements improve the income and prosperity
of the citizens of participating countries because open markets
increase competition, eliminate inefficiencies, and result in
lower costs to manufacturers and consumers;
(2) continued economic growth, and the resulting economic
and political stability, within the countries of the Pacific
Rim is of vital strategic and economic interest to the United
States;
(3) bilateral disputes between the United States and
Pacific Rim countries could be more effectively resolved in the
context of mutually agreed-upon disciplines and dispute
settlement mechanisms rather than issue-by-issue confrontations
under section 301 of the Trade Act of 1974 or other trade
remedy laws; and
(4) free trade agreements between the United States and
Pacific Rim countries, whose economies are becoming
increasingly interdependent, will provide a foundation for
enhanced cooperation and will ensure mutually beneficial
economic and political relations.
SEC. 2. PRENEGOTIATION CONSULTATIONS AND CONSIDERATIONS.
(a) Preliminary Consultations.--Within 60 days after the date of
the enactment of this Act, the President shall initiate preliminary
consultations with the government of each eligible Pacific Rim country
to determine the feasibility and desirability of negotiating the
elimination of tariffs and nontariff barriers (including barriers to
investment, trade in services, and protection of intellectual property
rights) in the context of a bilateral free trade agreement. If the
preliminary consultations indicate that the establishment of a free
trade area between the United States and the eligible country is
feasible and desirable, the President shall request a meeting at the
ministerial level with the government of that country to consider the
conditions under which formal negotiations regarding a free trade
agreement could be commenced.
(b) Ministerial Meeting Recommendations.--At each ministerial
meeting convened pursuant to subsection (a), the President shall
recommend the establishment of a council comprised of appropriate
public and private sector officials from the respective countries. The
functions of the council are--
(1) to review and analyze the aspects of the existing
bilateral relationship as they relate to the negotiation of a
free trade agreement, including--
(A) trade and investment practices and impediments,
(B) differences in customs laws and procedures,
(C) the harmonization of trade statistics and other
economic data, and
(D) the status of bilateral disputes and exchange
of information on disputed practices; and
(2) within one year after establishment, to issue a report
on the overall bilateral relationship and the prospects for a
successful negotiation of a free trade agreement that addresses
the possible benefits and adverse effects of concluding a free
trade agreement and examines which dispute settlement
mechanisms would be appropriate to effectively resolve
bilateral trade problems.
(c) Considerations.--Before entering into formal negotiations under
section 1102 of the Omnibus Trade and Competitiveness Act of 1988 with
an eligible Pacific Rim country, the President shall consider whether
that country--
(1) is a member of, or applicant to, the General Agreement
on Tariffs and Trade;
(2) has pursued substantive trade liberalization and
undertaken structural economic reforms in order to achieve an
economy governed by market forces and international trade
disciplines;
(3) is an active participant in the Uruguay Round of
multilateral trade negotiations under the auspices of the GATT,
has demonstrated a commitment to the success of these
negotiations, and has pursued goals and objectives consistent
with those of the United States; and
(4) is a country whose bilateral relationship with the
United States will be enhanced by eliminating substantially all
tariff and nontariff barriers and structural impediments and
will benefit from improved dispute settlement mechanisms.
(d) Extension of ``Fast Track'' Procedures With Respect to
Agreements Entered Into With Eligible Pacific Rim Countries.--
(1) Notwithstanding the provisions of section 1102(c)(1) of
the Omnibus Trade and Competitiveness Act of 1988 relating to
the expiration of the authority contained in such section on
June 1, 1993, the President may enter into bilateral trade
agreements with eligible Pacific Rim countries under such
section.
(2) Notwithstanding the provisions of section 1103(b)(1)(A)
of the Omnibus Trade and Competitiveness Act of 1988 relating
to the expiration of the authority contained in such section on
June 1, 1991, and subject to section 1103(c) of such Act, the
provisions of section 151 of the Trade Act of 1974 shall apply
to any agreement entered into with an eligible Pacific Rim
country.
(e) Waiver of Negotiation Request by Eligible Pacific Rim
Countries.--Section 1102(c)(3)(B) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2902(c)(3)(B)) does not apply to
trade agreements referred to in subsection (a).
SEC. 3. ADDITIONAL NEGOTIATING OBJECTIVES.
In addition to the negotiating objectives set forth in section 1101
of the Omnibus Trade and Competitiveness Act of 1988, the President
shall seek to achieve, in negotiations with an eligible Pacific Rim
country to establish a free trade area, substantial progress in--
(1) improving the bilateral relationship between the United
States and that country by promoting mutual economic benefits
through trade expansion, greater economic efficiency, enhanced
competition, and common rules governing trade practices;
(2) removing, to the greatest extent possible, formal and
informal barriers to trade between the parties, particularly in
agricultural products and manufactured components in an effort
to reduce government subsidies and injurious dumping practices;
(3) providing effective mechanisms for the development of
rules in nontraditional areas such as services, trade-related
investment, and the protection of intellectual property rights;
(4) encouraging United States firms to take greater
advantage of opportunities in Pacific Rim country markets and
to better understand how to compete effectively in those
markets; and
(5) improving market access in the respective countries as
a means of stabilizing the bilateral balance of trade.
SEC. 4. ELIGIBLE PACIFIC RIM COUNTRIES.
As used in this Act, the term ``eligible Pacific Rim country''
means Indonesia, Malaysia, the Philippines, Singapore, Thailand,
Brunei, Australia, New Zealand, Taiwan, South Korea, Japan, or Hong
Kong. | Directs the President to initiate consultations with each Pacific Rim country (Indonesia, Malaysia, the Philippines, Singapore, Thailand, Brunei, Australia, New Zealand, Taiwan, South Korea, Japan, or Hong Kong) to determine the feasibility of negotiating the elimination of tariffs and nontariff barriers, including barriers to investment, trade in services, and protection of intellectual property rights, through a bilateral free trade agreement.
Requires the President, at each ministerial meeting convened for such consultations, to recommend establishment of a council to review and report on the existing bilateral relationship and the prospects for negotiating a free trade agreement.
Authorizes the President to enter into such agreements after expiration on June 1, 1993, of "fast track" authority which provides procedures for their congressional passage under the Omnibus Trade and Competitiveness Act of 1988 and the Trade Act of 1974.
Requires the President to achieve specified negotiating objectives with each country, including: (1) improving bilateral relationships through trade expansion and greater economic efficiency; (2) removing trade barriers, particularly in agricultural products and manufactured components in an effort to reduce government subsidies and injurious dumping practices; (3) providing mechanisms for the development of rules in nontraditional areas such as services, trade-related investment, and the protection of intellectual property rights; (4) encouraging U.S. firms to take greater advantage of opportunities in Pacific Rim countries and to compete more effectively there; and (5) improving market access in such countries. | {"src": "billsum_train", "title": "To encourage the establishment of free trade areas between the United States and certain Pacific Rim countries."} | 1,341 | 315 | 0.604485 | 2.110408 | 0.795519 | 5.24735 | 4.385159 | 0.943463 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Edwin Cole ``Ed'' Bearss was born June 26, 1923, in
Billings, Montana, to Omar and Virginia Bearss.
(2) During a 40-year career with the National Park Service,
Mr. Bearss distinguished himself as one of America's preeminent
historians, particularly in the field of the Civil War, not
only through his work to preserve the places in which our
nation's history was forged but also through his captivating
interpretive storytelling about the people and events that
shaped those places.
(3) His own family traces its genealogy to the Mayflower on
his mother's side and to 1636 on his father's side.
(4) Mr. Bearss' lifelong love affair with the Civil War was
kindled during his youth when he read a biography of
Confederate cavalry commander J.E.B. Stuart. Even at an early
age, Mr. Bearss demonstrated a knack for committing facts to
memory, a skill that helped him win school contests in history,
current events, and geography.
(5) He graduated high school in May 1941 and the following
year joined the U.S. Marine Corps, serving with the 3rd Marine
Raider Battalion during the invasion of Guadalcanal and the
Russell Islands. He was badly wounded in gunfire at ``Suicide
Creek'', Cape Gloucester, New Britain, while serving with the
7th Regiment, 1st Marine Division.
(6) Upon returning home, Mr. Bearss attended Georgetown
University, obtaining a bachelor's degree in Foreign Service
studies, and later attended Indiana University, earning a
master's degree in history.
(7) It was during a fortuitous visit to the Shiloh National
Military Park in Tennessee, on a tour with the park historian,
where the seeds were planted for Mr. Bearss' future career with
the National Park Service.
(8) In 1955, he landed a job as park historian at the
National Battlefield Park in Vicksburg, Mississippi, where his
research helped fill in missing pieces of Civil War history.
None were more significant than the discovery of the U.S.S.
Cairo, a long-lost Union ironclad gunboat sunk by Confederate
submarine torpedoes in 1862 that was buried in the mud of the
Yazoo River. Mr. Bearss later authored a book on the ``sinking
and salvage'' of the ironclad.
(9) It was during his tenure at Shiloh that he met his
wife, Margie, a teacher who shared Mr. Bearss' love of history.
They had three children, Sara, Cole, and Jenny.
(10) Mr. Bearss became the National Park Service's chief
historian in 1981. Following his retirement in 1994, he was
recognized with the title Chief Historian Emeritus, a fitting
title as his research and recounting of our nation's history
continues to this day.
(11) He still travels throughout the year to our nation's
Civil War battlefields. He once said, ``You can't describe a
battlefield unless you walk it.''. Anyone who has spent time
with Mr. Bearss touring a battlefield, sometimes braving the
elements, enthralled by his prodigious tales regards him as a
National Treasure. His unique chronicling of our nation's
history has been described as a ``transcendental experience''
of ``Homeric monologues'' punctuated by ``colorful, vivid
images''. Mr. Bearss himself has been described as a cross
between ``a good-natured platoon sergeant and Walter
Cronkite''. He lectures with his eye closed, so he can ``see''
the history better, he once said.
(12) Mr. Bearss has received multiple honors for his
contributions to the preservation of our nation's history: the
Harry S. Truman Award in 1961 for Meritorious Service in the
field of Civil War history, Man of the Year at Vicksburg in
1963, inducted a member of the Company of Military Historians
in 1964, the Nevins-Freeman Award from the Chicago Civil War
Roundtable in 1980, the Department of the Interior's
Distinguished Service Award in 1983, and a commendation from
the Secretary of the Army in 1985. The Secretary of the
Interior at the time, James Watt, called Mr. Bearss
``unquestionably the most productive historian in the history
of the National Park Service''.
(13) To this day, Mr. Bearss continues to tour the country
visiting battlefields and Civil War organizations, keeping
America's history fresh in the minds of future generations.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to Edwin Cole ``Ed''
Bearss, in recognition of his contributions to preservation of American
Civil War history and continued efforts to bring our nation's history
alive for new generations through his interpretive storytelling.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. STATUS OF MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code. | Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to Edwin Cole "Ed" Bearss in recognition of his contributions to the preservation of American Civil War history and his continued efforts to bring our nation's history alive for new generations through his interpretive storytelling. | {"src": "billsum_train", "title": "To award a Congressional Gold Medal to Edwin Cole \"Ed\" Bearss, in recognition of his contributions to preservation of American Civil War history and continued efforts to bring our nation's history alive for new generations through his interpretive storytelling."} | 1,365 | 83 | 0.352434 | 1.234499 | 0.568115 | 5.353846 | 18.046154 | 0.923077 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hydropower
Regulatory Efficiency Act of 2011''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Promoting small hydroelectric power projects.
Sec. 4. Promoting conduit hydropower projects.
Sec. 5. FERC authority to extend preliminary permit terms.
Sec. 6. Promoting hydropower development at nonpowered dams and closed
loop pumped storage projects.
Sec. 7. DOE study of pumped storage and potential hydropower from
conduits.
Sec. 8. Report on memorandum of understanding on hydropower.
Sec. 9. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds that--
(1) the hydropower industry currently employs approximately
300,000 workers across the United States;
(2) hydropower is the largest source of clean, renewable
electricity in the United States;
(3) as of the date of enactment of this Act, hydropower
resources, including pumped storage facilities, provide--
(A) nearly 7 percent of the electricity generated
in the United States; and
(B) approximately 100,000 megawatts of electric
capacity in the United States;
(4) only 3 percent of the 80,000 dams in the United States
generate electricity, so there is substantial potential for
adding hydropower generation to nonpowered dams; and
(5) by utilizing currently untapped resources, the United
States could add approximately 60,000 megawatts of new
hydropower capacity by 2025, which could create 700,000 new
direct jobs over the next 14 years.
SEC. 3. PROMOTING SMALL HYDROELECTRIC POWER PROJECTS.
Subsection (d) of section 405 of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2705) is amended by striking ``5,000''
and inserting ``10,000''.
SEC. 4. PROMOTING CONDUIT HYDROPOWER PROJECTS.
(a) Applicability of, and Exemption From, Licensing Requirements.--
Section 30 of the Federal Power Act (16 U.S.C. 823a) is amended--
(1) by striking subsection (b);
(2) by redesignating subsection (a) as subsection (b);
(3) by inserting before subsection (b), as redesignated by
paragraph (2) of this subsection, the following:
``(a)(1) A facility described in this paragraph shall not be
required to be licensed under this part. A facility described in this
paragraph is a facility that--
``(A) is constructed, operated, or maintained for
the generation of electric power and uses for such
generation only the hydroelectric potential of a non-
federally owned conduit;
``(B) is located on non-Federal lands or Federal
lands;
``(C) has an installed capacity that does not
exceed 5 megawatts; and
``(D) on or before the date of enactment of the
Hydropower Regulatory Efficiency Act of 2011, is not
licensed under, or exempted from the license
requirements contained in, this part.
``(2) For purposes of this section, the term `conduit' means any
tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade
water conveyance that is operated for the distribution of water for
agricultural, municipal, or industrial consumption and not primarily
for the generation of electricity.'';
(4) in subsection (b), as redesignated by paragraph (2) of
this subsection--
(A) in the matter preceding paragraph (1), by
striking ``(b) or'';
(B) in paragraph (1), by striking ``, and'' and
inserting ``or Federal lands;'';
(C) in paragraph (2), by striking ``manmade
conduit, which is operated for the distribution of
water for agricultural, municipal, or industrial
consumption and not primarily for the generation of
electricity.'' and inserting ``conduit; and''; and
(D) by adding at the end the following new
paragraph:
``(3) has an installed capacity that does not exceed 40
megawatts.'';
(5) in subsection (c), by striking ``subsection (a)'' and
inserting ``subsection (b)''; and
(6) in subsection (d), by striking ``subsection (a)'' and
inserting ``subsection (b)''.
(b) Conforming Amendment.--Subsection (d) of section 405 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705), as
amended, is further amended by striking ``subsection (a) of such
section 30'' and inserting ``subsection (b) of such section 30''.
SEC. 5. FERC AUTHORITY TO EXTEND PRELIMINARY PERMIT TERMS.
Section 5 of the Federal Power Act (16 U.S.C. 798) is amended--
(1) by designating the first, second, and third sentences
as subsections (a), (c), and (d), respectively; and
(2) by inserting after subsection (a) (as so designated)
the following:
``(b) Extension.--The Commission may extend the term of a
preliminary permit once for not more than 2 additional years if the
Commission finds that the permittee has carried out activities under
the permit in good faith and with reasonable diligence.''.
SEC. 6. PROMOTING HYDROPOWER DEVELOPMENT AT NONPOWERED DAMS AND CLOSED
LOOP PUMPED STORAGE PROJECTS.
(a) In General.--To improve the regulatory process and reduce
delays and costs for hydropower development at nonpowered dams and
closed loop pumped storage projects, the Federal Energy Regulatory
Commission (referred to in this section as the ``Commission'') shall
investigate the feasibility of the issuance of a license for hydropower
development at nonpowered dams and closed loop pumped storage projects
in a 2-year period (referred to in this section as a ``2-year
process''). Such a 2-year process shall include any prefiling licensing
process of the Commission.
(b) Workshops and Pilots.--The Commission shall--
(1) not later than 60 days after the date of enactment of
this Act, hold an initial workshop to solicit public comment
and recommendations on how to implement a 2-year process;
(2) develop criteria for identifying projects featuring
hydropower development at nonpowered dams and closed loop
pumped storage projects that may be appropriate for licensing
within a 2-year process;
(3) not later than 180 days after the date of enactment of
this Act, develop and implement pilot projects to test a 2-year
process, if practicable; and
(4) not later than 3 years after the date of implementation
of the final pilot project testing a 2-year process, hold a
final workshop to solicit public comment on the effectiveness
of each tested 2-year process.
(c) Memorandum of Understanding.--The Commission shall, to the
extent practicable, enter into a memorandum of understanding with any
applicable Federal or State agency to implement a pilot project
described in subsection (b).
(d) Reports.--
(1) Pilot projects not implemented.--If the Commission
determines that no pilot project described in subsection (b) is
practicable because no 2-year process is practicable, not later
than 240 days after the date of enactment of this Act, the
Commission shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that--
(A) describes the public comments received as part
of the initial workshop held under subsection (b)(1);
and
(B) identifies the process, legal, environmental,
economic, and other issues that justify the
determination of the Commission that no 2-year process
is practicable, with recommendations on how Congress
may address or remedy the identified issues.
(2) Pilot projects implemented.--If the Commission develops
and implements pilot projects involving a 2-year process, not
later than 60 days after the date of completion of the final
workshop held under subsection (b)(4), the Commission shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report that--
(A) describes the outcomes of the pilot projects;
(B) describes the public comments from the final
workshop on the effectiveness of each tested 2-year
process; and
(C)(i) outlines how the Commission will adopt
policies under existing law (including regulations)
that result in a 2-year process;
(ii) outlines how the Commission will issue new
regulations to adopt a 2-year process; or
(iii) identifies the process, legal, environmental,
economic, and other issues that justify a determination
of the Commission that no 2-year process is
practicable, with recommendations on how Congress may
address or remedy the identified issues.
SEC. 7. DOE STUDY OF PUMPED STORAGE AND POTENTIAL HYDROPOWER FROM
CONDUITS.
(a) In General.--The Secretary of Energy shall conduct a study--
(1) of the potential megawatts of hydropower that may be
obtained from conduits (as defined by the Secretary) in the
United States; and
(2) of land, including identification of land, that is
well-suited for pumped storage sites and is located near
existing or potential sites of intermittent renewable energy
resource development, such as wind farms.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Energy shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report that describes
the results of the study conducted under subsection (a), including any
recommendations.
SEC. 8. REPORT ON MEMORANDUM OF UNDERSTANDING ON HYDROPOWER.
Not later than 180 days after the date of enactment of this Act,
the President shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the Department of
Energy and other Federal agencies to carry out the memorandum of
understanding on hydropower entered into on March 24, 2010, with
particular emphasis on actions taken by the agencies to work together
and investigate ways to efficiently and responsibly facilitate the
Federal permitting process for Federal and non-Federal hydropower
projects at Federal facilities, within existing authority.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this Act and the amendments made
by this Act, of which not more than $1,000,000 shall be appropriated to
the Department of Energy.
(b) Offset.--Section 422(f) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17082(f)) is amended--
(1) by redesignating paragraph (4) as paragraph (5);
(2) in paragraph (3), by striking ``2012; and'' and
inserting ``2012;'';
(3) by inserting after paragraph (3) the following
paragraph:
``(4) $145,000,000 for fiscal year 2013; and''; and
(4) in paragraph (5), as redesignated by paragraph (1) of
this subsection, by striking ``2013'' and inserting ``2014''. | Hydropower Regulatory Efficiency Act of 2011 - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements.
Amends the Federal Power Act to revise the limitation on the maximum installation capacity of conduit hydroelectric facilities that are eligible for an exemption from licensing requirements.
Waives license requirements for any conduit hydroelectric facility that: (1) uses only the hydroelectric potential of a non-federally owned conduit, (2) has an installed capacity that does not exceed 5 megawatts, and (3) is not currently licensed or exempted from license requirements.
Redefines "conduit" to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
Authorizes FERC to: (1) grant an exemption from license requirements only to conduit hydroelectric facilities on non-federal land that have an installed capacity not exceeding 40 megawatts, and (2) extend the term of a preliminary permit once for up to 2 additional years if it finds that the permittee has carried out activities in good faith and with reasonable diligence.
Directs FERC to: (1) investigate the feasibility of the issuance of a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects.
Directs the Secretary of Energy (DOE) to study: (1) the potential megawatts of hydropower that may be obtained from U.S. conduits; and (2) land well-suited for pumped storage sites and located near existing or potential sites of intermittent renewable resource development, such as wind farms.
Directs the President to report to certain congressional committees on actions taken by DOE to implement the memorandum of understanding on hydropower entered into on March 24, 2010. | {"src": "billsum_train", "title": "To improve hydropower, and for other purposes."} | 2,551 | 447 | 0.609252 | 2.056904 | 0.851342 | 4.412371 | 6.072165 | 0.902062 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Plains Groundwater Resource
Conservation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) a reliable source of groundwater is an essential
element of the economy of the communities on the High Plains;
(2) the High Plains Aquifer consists largely of the
Ogallala Aquifer with small components of other geologic units;
(3) the High Plains Aquifer experienced a dramatic decline
in water table levels in the latter half of the twentieth
century;
(4) the decline in water table levels is especially
pronounced in the Southern Ogallala Aquifer, with areas in the
States of Kansas, New Mexico, Oklahoma, and Texas experiencing
declines of over 100 feet from 1950 to 1997;
(5) the saturated thickness of the High Plains Aquifer has
declined by over 50 percent in some areas. Furthermore, the
percentage of the High Plains Aquifer which has a saturated
thickness of 100 feet or more declined from 54 percent to 51
percent in the period from 1980 to 1997;
(6) the decreased water levels in the High Plains Aquifer
coupled with higher pumping lift costs raise concerns about the
long-term sustainability of irrigated agriculture in the High
Plains;
(7) hydrological modeling by the United States Geological
Survey indicates that in the context of sustained high
groundwater use in the surrounding region, reductions in
groundwater pumping at the single farm level or at a local
level of up to 100 square miles, have a very time limited
impact on conserving the level of the local water table, thus
creating a disincentive for individual water users to invest in
water conservation measures;
(8) incentives must be created for conservation of
groundwater on a regional scale, in order to achieve an
agricultural economy on the High Plains that is sustainable;
and
(9) for water conservation incentives to function, Federal,
State, tribal, and local water policy makers, and individual
groundwater users must have access to reliable information
concerning aquifer recharge rates extraction rates, and water
table levels at the local and regional levels on an ongoing
basis.
(b) Purpose.--The purpose of this Act is to promote groundwater
conservation on the High Plains in order to extend the useable life of
the High Plains Aquifer.
SEC. 3. HIGH PLAINS GROUNDWATER CONSERVATION ASSISTANCE.
(a) High Plains Aquifer Groundwater Conservation Incentives
Program.--The Food Security Act of 1985 is amended by inserting after
section 1240H the following new section:
``SEC. 1240I. HIGH PLAINS AQUIFER GROUNDWATER CONSERVATION INCENTIVES
PROGRAM.
``(a) Definitions.--In this section:
``(1) High plains.--The term `High Plains' means the
approximately 174,000 square miles of land surface overlying
the High Plains Aquifer in the States of Colorado, Kansas,
Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and
Wyoming.
``(2) High plains aquifer.--The term `High Plains Aquifer'
is the groundwater reserve depicted as Figure 1 in the United
States Geological Survey Professional Paper 1400-B, titled
Geohydrology of the High Plains Aquifer in Parts of Colorado,
Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas,
and Wyoming.
``(3) High plains aquifer states.--The term `High Plains
Aquifer States' means the States of Colorado, Kansas, Nebraska,
New Mexico, Oklahoma, South Dakota, Texas, and Wyoming.
``(b) In General.--In each of the fiscal years 2002 through 2011,
the Secretary shall provide cost-share payments, incentive payments,
and technical assistance to producers who enter into contracts with the
Secretary, through a High Plains Aquifer Groundwater Conservation
Incentives Program in accordance with this section. The goal of the
program shall be to achieve significant per acre savings of the
groundwater resources of the High Plains Aquifer.
``(c) Participation.--The Secretary shall ensure, to the maximum
extent practicable, that producers on lands drawing water from the High
Plains Aquifer throughout the High Plains region shall have an
opportunity to participate in the program established under this
section. The participation of producers in areas experiencing
significant aquifer level declines shall be given a priority and that
participation shall be limited to producers in ares for which a plan
has been certified pursuant to subsection (1).
``(d) Eligible Practices.--
``(1) Structural practices.--A producer on lands drawing
water from the High Plains Aquifer who implements an on-farm
structural practice, which may include the improvement of
irrigation systems and the purchase of new equipment, which the
Secretary determines will result in a significant and
quantifiable per-acre savings of the groundwater resources of
the High Plains Aquifer, shall be eligible for cost-share
payments, in accordance with this section.
``(2) Land management practices.--A producer on lands
drawing water from the High Plains Aquifer who performs a land
management practice, which may include the conversion of
acreage from irrigated agricultural production to dryland
production, the modification of cropping patterns from high
water intensity crops to low water intensity crops, or the
implementation of other groundwater conservation measures,
which the Secretary determines will result in a significant and
quantifiable per-acre savings of the groundwater resources of
the High Plains Aquifer, shall be eligible for incentive
payments, in accordance with this section.
``(e) Application and Term.--A contract between a producer and the
Secretary under this section may--
``(1) apply to one or more structural practices or one or
more land management practices, or both; and
``(2) have a term of not less than three, nor more than
ten, years as determined appropriate by the Secretary,
depending on the practice or practices that are the basis of
the contract.
``(f) Structural Practices.--
``(1) Offer selection process.--The Secretary shall, to the
maximum extent practicable, establish a process for selecting
applications for financial assistance if their are numerous
applications for assistance for structural practices that would
provide substantially the same level of groundwater
conservation benefits. The process shall be based on--
``(A) a reasonable estimate of the projected cost
of the proposals and other factors identified by the
Secretary for determining which applications will
result in the least cost to the program authorized by
this section; and
``(B) the priorities established under this section
and such other factors determined by the Secretary that
maximize groundwater conservation benefits per dollar
expended.
``(2) Concurrence of owner.--If the producer making an
offer to implement a structural practice is a tenant of the
land involved in agricultural production, for the offer to be
acceptable, the producer shall obtain the concurrent of the
owner of the land with respect to the offer.
``(g) Land Management Practices.--The Secretary shall establish an
application and evaluation process for awarding incentive payments to a
producer in exchange for the performance of one or more land management
practices by the producer.
``(h) Payments.--
``(1) Cost-share payments.--The Federal share of cost-share
payments to a producer proposing to implement one or more
structural practices shall be not more than 50 percent of the
projected cost of the practice, as determined by the Secretary,
taking into consideration any payment received by the producer
from a State or local government.
``(2) Incentive payments.--The Secretary shall make
incentive payments in an amount and at a rate determined by the
Secretary to be necessary to encourage a producer to perform
one or more land management practices.
``(3) Net savings.--Payment may be made to producers only
if the Secretary determines that the structural practice or
land management practice will result in a net savings on lands owned or
operated by the producer of groundwater resources of the High Plains
Aquifer.
``(i) Modifications or Termination of Contracts.--
``(1) Voluntary modification or termination.--The Secretary
may modify or terminate a contract entered into with a producer
under this section if--
``(A) the producer agrees to the modification or
termination;
``(B) the Secretary determines that the
modification or termination is in the public interest.
``(2) Involuntary termination.--The Secretary may terminate
a contract under this section if the Secretary determines that
the producer violated the contract.
``(j) Duties.--
``(1) Duties or producers.--To receive cost-share payments,
incentive payments, or technical assistance under this section,
a producer shall agree to implement the structural practice or
land management practice as agreed to in the contract with the
Secretary and to comply with such additional conditions as the
Secretary determines are necessary to carry out the intent of
this section.
``(2) Duties of the secretary.--The Secretary shall provide
cost-share payments or incentive payments for developing and
implementing one or more structural practices or one or more
land management practices, as agreed to in the contract with
the producer.
``(k) Limitation of Payments.--The total amount of cost-share
payments paid to any one producer under this section may not exceed
$50,000 for any multi-year contract. The Secretary shall set a
limitation on the amount of inventive payments paid to any one producer
under this section at a level which, in the Secretary's discretion,
will maximize the conservation of groundwater resources from the High
Plains Aquifer.
``(l) High Plains Groundwater Conservation Planning.--
``(1) Planning assistance.--The Secretary shall provide
financial and technical assistance, including modeling and
engineering design to States, tribes, and counties,
conservation districts, or other political subdivisions
recognized under State law, for the development of
comprehensive groundwater conservation plans within the High
Plains. This assistance shall be provided on a cost-share basis
ensuring that:
``(A) the Federal funding for the development of
any given plan shall not exceed 50 percent of the total
cost; and
``(B) the Federal funding for groundwater water
conservation planning for any one county, conservation
district, or similar political subdivision recognized
under State law shall not exceed $50,000.
``(2) State administration.--Upon application by a High
Plains Aquifer State, and approval by the Secretary, the
Secretary may provide funding on an annual basis to the State
to carry out, in lieu of the Secretary, the activities set
forth in paragraph (1), including assistance to counties,
conservation districts, or other political subdivisions
recognized under the law of that State, for the development of
the conservation plans described in paragraph (1).
``(3) Certification.--The Secretary shall create a
certification process for comprehensive groundwater
conservation plans developed under this program, or developed
independently by States, tribes, counties, conservation
districts, or other political subdivisions recognized under
State law. To be certified, a plan must achieve significant per
acre savings of groundwater from the High Plains Aquifer and
must:
``(A) cover a sufficient geographic area to provide
a benefit to the groundwater resource over at least a
20 year time period;
``(B) include a set of goals and objectives for
groundwater conservation and a timetable for achieving
the goals and objectives;
``(C) identify specific measures for achieving the
groundwater conservation goals and objectives;
``(D) define a plan of action for achieving the
groundwater conservation goals and objectives;
``(E) include a process for an annual evaluation of
the implementation of the plan of action; and
``(F) provide a process for modification of the
plan if the conservation goals and objectives are not
being met or for purposes of updating the plan.
``(m) Funding.--Of the funds of the Commodity Credit Corporation,
the Corporation shall make available to carry out this subsection,
$75,000,000 in each of fiscal years 2002 through 2003, $100,000,000 in
each of fiscal years 2004 through 2006 and $125,000,000 in each of
fiscal years 2007 through 2011.''.
(b) Conservation Reserve Program Enhancement.--Lands eligible for
the Conservation Reserve Program established under section 1231 of the
Food Security Act of 1985 (16 U.S.C. 3831) which would result in
significant per acre savings of groundwater resources of the High
Plains Aquifer, as defined in section 1240I(a) of the Food Security Act
of 1985, if removed from agricultural production shall be awarded 90
Conservation Reserve Program bid points, to be designated as
groundwater conservation points, in addition to any other ratings the
lands may receive.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | High Plains Groundwater Resource Conservation Act - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture in FY 2002 through 2011 to provide cost-share payments, incentive payments, and technical assistance to eligible producers (persons who are engaged in livestock or agricultural production) who enter into contracts with the Secretary through a High Plains Aquifer Groundwater Conservation Incentives Program.Requires the Secretary to provide financial and technical assistance, including modeling and engineering design to States, tribes, and counties, conservation districts, and other political subdivisions recognized under State law for the development of groundwater conservation plans within the High Plains.Requires the creation of a certification process for such plans developed under this program or developed independently by such entities. Provides that, to be certified, a plan must achieve significant per acre savings of groundwater from the Aquifer and must meet the criteria specified by this Act.Directs the Commodity Credit Corporation to make available specified amounts in FY 2002 through 2011 to carry out such Program.Requires that lands eligible for the Environmental Conservation Acreage Reserve Program which would result in significant per acre savings of groundwater resources of the Aquifer if removed from agriculture production be awarded 90 Program bid points, to be designated as groundwater conservation points, in addition to any other ratings such lands may receive. | {"src": "billsum_train", "title": "A bill to further continued economic viability in the communities on the High Plains by promoting sustainable groundwater management of the Ogallala Aquifer."} | 2,840 | 290 | 0.540904 | 1.610615 | 0.708423 | 4.27572 | 10.757202 | 0.917695 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Borrowers' Bill of
Rights Act of 2013''.
TITLE I--BORROWERS' RIGHT TO BASIC CONSUMER PROTECTIONS
SEC. 101. DISCHARGEABILITY OF STUDENT LOANS IN BANKRUPTCY CASES.
Section 523(a) of title 11 of the United States Code is amended--
(1) by striking paragraph (8); and
(2) by redesignating paragraphs (9) through (19) as
paragraphs (8) through (18).
SEC. 102. REINSTATEMENT OF THE 6-YEAR STATUTE OF LIMITATIONS FOR
STUDENT LOANS.
Subsection (a) of section 484A of the Higher Education Act of 1965
(20 U.S.C. 1091a(a)) is amended to read as follows:
``(a) Statute of Limitations.--Notwithstanding any Federal or State
statutory, regulatory, or administrative limitation on the period
within which debts may be enforced--
``(1) an institution that receives funds under this title
may file a suit or initiate or take another action for
collection of a refund due from a student on a grant made, or
work assistance awarded, under this title, during the 6-year
period beginning on the day after the refund first became due
(exclusive of period during which the State statute of
limitations otherwise applicable to a suit under this paragraph
would be tolled under State law);
``(2) a guaranty agency that has an agreement with the
Secretary under section 428(c) may file a suit or initiate or
take another action for collection of the amount due from a
borrower on a loan made under part B during the 6-year period
beginning on the day after such guaranty agency reimburses the
previous holder of the loan for its loss on account of the
default of the borrower (exclusive of period during which the
State statute of limitations otherwise applicable to a suit
under this paragraph would be tolled under State law);
``(3) an institution that has an agreement with the
Secretary pursuant to section 487 may file a suit or initiate
or take another action for collection of the amount due from a
borrower on a loan made under part D or E after the default of
the borrower on such loan during the 6-year period beginning on
the day after the date of the default of the borrower with
respect to such amount (exclusive of period during which the
State statute of limitations otherwise applicable to a suit
under this paragraph would be tolled under State law); or
``(4) the Secretary, the Attorney General, or the
administrative head of another Federal agency, as the case may
be, may file a suit or initiate or take another action for
collection of a refund due from a student on a grant made under
this title, or for the repayment of the amount due from a
borrower on a loan made under this title that has been assigned
to the Secretary under this title, during the 6-year period
beginning on the day after the refund or the amount first
became due.''.
SEC. 103. PROHIBITION OF COLLECTION OF STUDENT LOANS THROUGH CERTAIN
OFFSETS OR THROUGH WAGE GARNISHMENT.
(a) Prohibition on Offset of Social Security Benefits.--Section
3716(c)(3)(A) of title 31, United States Code, is amended--
(1) in clause (i), by striking ``except as provided in
clause (ii)'' and inserting ``except as provided in clauses
(ii) and (iii)''; and
(2) by adding at the end the following new clause:
``(iii) Notwithstanding clause (i), any payments due to an
individual under Federal benefits programs cited under clause (i) shall
not be subject to offset under this subsection if the offset is for
payments certified by the Department of Education under a program
administered by the Secretary of Education under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).''.
(b) Prohibition on Offset of Tax Refund.--Section 3720A(a) of title
31, United States Code, is amended--
(1) by striking ``Any Federal agency'' and inserting ``(1)
Except as provided in paragraph (2), any Federal agency''; and
(2) by adding at the end the following new paragraph:
``(2) Any past-due legally enforceable debt owed by an individual
to the Department of Education under a program administered by the
Secretary of Education under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.) shall not be subject to notification
under paragraph (1), and any refund of Federal taxes paid by the
individual shall not be subject to reduction under subsection (c) for
such debt.''.
(c) Prohibition on Wage Garnishment.--Section 3720D(a) of title 31,
United States Code, is amended--
(1) by striking ``Notwithstanding'' and inserting: ``(1)
Except as provided in paragraph (2) and notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(2) Any delinquent nontax debt owed by an individual to the
Department of Education under a program administered by the Secretary
of Education under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) shall not be subject to collection under this
section through garnishment of disposable pay of the individual.''.
TITLE II--BORROWER'S RIGHT TO REASONABLE AND FLEXIBLE REPAYMENT OPTIONS
SEC. 201. EXCLUSION FROM GROSS INCOME FOR DISCHARGE OF STUDENT LOAN
INDEBTEDNESS.
(a) In General.--Paragraph (1) of section 108(f) of the Internal
Revenue Code of 1986 is amended by striking ``if such discharge'' and
all that follows and inserting a period.
(b) Student Loans.--Paragraph (2) of section 108(f) of such Code is
amended by striking ``made by--'' and all that follows and inserting
the following: ``. Such term includes indebtedness used to refinance
indebtedness which qualifies as a student loan under the preceding
sentence.''.
(c) Conforming Amendments.--Section 108(f) of such Code is amended
by striking paragraphs (3) and (4).
(d) Effective Date.--The amendments made by this section shall
apply to discharges of indebtedness after the date of the enactment of
this Act.
SEC. 202. 529 PLAN DISTRIBUTION FOR STUDENT LOAN PAYMENTS.
(a) In General.--Subparagraph (A) of section 529(e)(3) is amended
by striking clause (iii) and inserting the following new clause:
``(iii) interest or principal paid with
respect to a qualified education loan (as
defined in section 221) with respect to a
designated beneficiary.''.
(b) Conforming Amendments.--
(1) Section 529(e)(3)(A) of such Code is amended by
striking the second sentence.
(2) Section 72(t)(7)(A) of such Code is amended by
inserting ``determined without regard to subparagraph (A)(iii)
thereof'' after ``section 529(e)(3)''.
(3) Section 530(b)(2)(A)(i) of such Code is amended by
inserting ``determined without regard to subparagraph (A)(iii)
thereof'' after ``section 529(e)(3)''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 203. INCLUSION OF PARENT PLUS LOANS IN REPAYMENT PROGRAMS.
(a) Income Contingent Repayment Plan.--Section 455(d)(1)(D) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by
striking ``, except that the plan described in this subparagraph shall
not be available to the borrower of a Federal Direct PLUS loan made on
behalf of a dependent student;''.
(b) Income-Based Repayment.--
(1) Section 493c.--Section 493C of the Higher Education Act
of 1965 (20 U.S.C. 1098e) is amended--
(A) in subsection (a)--
(i) by striking ``this section'' and all
that follows through ``hardship'' and inserting
``In this section, the term `partial financial
hardship'''; and
(ii) by striking, ``(other than an excepted
PLUS loan or excepted consolidation loan)'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``(other
than an excepted PLUS loan or excepted
consolidation loan)''; and
(ii) in paragraph (6)(A), by striking
``(other than an excepted PLUS loan or excepted
consolidation loan)''; and
(C) in subsection (c), by striking ``(other than an
excepted PLUS loan or excepted consolidation loan),''.
(2) Section 455(d)(1)(E).--Section 455(d)(1)(E) of such Act
(20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except
that the plan described in this subparagraph shall not be
available to the borrower of a Federal Direct PLUS Loan made on
behalf of a dependent student or a Federal Direct Consolidation
Loan, if the proceeds of such loan were used to discharge the
liability on such Federal Direct PLUS Loan or a loan under
section 428B made on behalf of a dependent student''.
(c) Pay As You Earn.--The income-contingent repayment plan (based
on the President's ``Pay As You Earn'' repayment initiative)
implemented in parts 674, 682, and 685 of title 34, Code of Federal
Regulations, as amended by the final regulations published by the
Department of Education in the Federal Register on November 1, 2012 (77
Fed. Reg. 66088 et seq.), shall be available to borrowers of--
(1) a Federal Direct PLUS loan made on behalf of a
dependent student; and
(2) a Federal Direct Consolidation Loan, the proceeds of
which were used to discharge the liability on a Federal Direct
PLUS Loan or a loan under section 428B made on behalf of a
dependent student.
(d) Loan Forgiveness for Service in Areas of National Need.--
Section 428K(a)(2) of such Act (20 U.S.C. 1078-11(a)(2)) is amended--
(1) in subparagraph (A), by striking ``(other than an
excepted PLUS loan or an excepted consolidation loan (as such
terms are defined in section 493C(a)))''; and
(2) in subparagraph (B), by striking ``(other than an
excepted PLUS loan or an excepted consolidation loan)''.
SEC. 204. DETERMINATION OF ADVERSE CREDIT HISTORY.
Section 428B(a)(1)(A) of the Higher Education Act of 1965 (20
U.S.C. 1078-2(a)(1)(A)) is amended by striking ``regulations
promulgated by the Secretary'' and inserting ``section 685.200(c) of
title 34, Code of Federal Regulations (as in effect on September 30,
2011)''.
TITLE III--BORROWERS' RIGHT TO A MEANINGFUL DEGREE
SEC. 301. PROHIBITION ON SUSPENSIONS OF PROFESSIONAL LICENSES FOR LOAN
DEFAULT.
No evidence of an individual's default on the repayment of a loan
made, insured, or guaranteed under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.) may be admitted into evidence in a
Federal or State proceeding involving the individual's professional or
vocational license.
SEC. 302. PROHIBITION ON LOSS OF ACCESS TO TRANSCRIPTS FOR LOAN
DEFAULT.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) (as amended by section 301) is further amended by adding at
the end the following new paragraph:
``(31)(A) The institution will not prohibit a student from
accessing the student's transcripts, degree scrolls, or other
certifications of coursework or educational attainments at the
institution because the student is in default on the repayment
of a loan made, insured, or guaranteed under this title.
``(B) For purposes of this paragraph, the term `student'
includes former students.''.
TITLE IV--RIGHT TO EFFECTIVE LOAN CANCELLATION FOR BORROWERS ENGAGED IN
PUBLIC SERVICE CAREERS
SEC. 401. EXTENSION OF LOAN CANCELLATION FOR BORROWERS EMPLOYED IN
PUBLIC SERVICE JOBS FOR 5 YEARS.
Section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e) is amended by adding at the end the following new paragraph:
``(5) Loan cancellation after 5 years.--Beginning fiscal
year 2014, the Secretary shall also cancel 50 percent of the
balance of interest and principal due on any eligible Federal
Direct Loan not in default for borrowers employed in a public
service job for 5 years during the repayment of such loans--
``(A) by applying paragraph (1)(A)--
``(i) by substituting `60' for `120' each
place it appears; and
``(ii) by substituting `October 1, 2007'
for `October 1, 2013'; and
``(B) by applying paragraph (2), by substituting
`50 percent of the balance' with `the balance'.''. | Student Loan Borrowers' Bill of Rights Act of 2013 - Removes educational loans from the list of debts that are non-dischargeable in bankruptcy. Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to reinstate the six-year statute of limitations on the recovery by: institutions of higher education (IHEs) of refund amounts owed by students on grants made, or work assistance awarded, under title IV; guaranty agencies of amounts owed on loans made under the Federal Family Education Loan (FFEL) program; IHEs that have program participation agreements with the Secretary of Education of amounts owed under the William D. Ford Federal Direct Loan program or Federal Perkins Loans program; and the federal government of amounts owed by students on grants made under title IV or amounts owed by borrowers on loans made under title IV that have been assigned to the Secretary. Prohibits the collection of amounts individuals owe the Department of Education under title IV of the HEA through: (1) offsets of social security, railroad retirement, or black lung benefits; (2) offsets of tax refunds; or (3) wage garnishment. Amends the Internal Revenue Code to exclude discharged student loan debt from an individual's gross income. Excludes from gross income distributions from qualified tuition plans that are use to pay the interest or principal on student loans. Amends the HEA to make borrowers of PLUS loans made on behalf of dependent students under: the Direct Loan program eligible for income-contingent repayment plans, including plans based on the President's Pay As You Earn repayment initiative; the Direct Loan or FFEL programs eligible for income-based repayment plans that enable borrowers who have a partial financial hardship to make lower monthly payments; and the Direct Loan or FFEL programs eligible for loan forgiveness for service in areas of national need. Specifies the regulation to be used in determining whether individuals have an adverse credit history that disqualifies them from borrowing a Direct Plus loan (provided to graduate or professional students or the parents of dependent students). Prohibits evidence of an individual's default on a loan made, insured, or guaranteed under title IV of the HEA from being used in a federal or state proceeding involving the individual's professional or vocational license. Prohibits an IHE from blocking students' access to their student records at the IHE due to such students being in default on such loans. Directs the Secretary to cancel 50% of the balance of the interest and principal due on Direct loans that are not in default for borrowers who are employed in a public service job and make 60 monthly payments on such loans after October 1, 2013. | {"src": "billsum_train", "title": "Student Loan Borrowers' Bill of Rights Act of 2013"} | 3,251 | 579 | 0.520659 | 1.699245 | 0.786691 | 2.316929 | 5.224409 | 0.805118 |
SECTION 1. ANTITRUST EXEMPTIONS.
(a) Study.--The Comptroller General shall conduct a study of the
legal requirements and policies followed by the Department in deciding
whether to approve international alliances under section 41309 of title
49, United States Code, and grant exemptions from the antitrust laws
under section 41308 of such title in connection with such international
alliances.
(b) Issues To Be Considered.--In conducting the study under
subsection (a), the Comptroller General, at a minimum, shall examine
the following:
(1) Whether granting exemptions from the antitrust laws in
connection with international alliances has resulted in public
benefits, including an analysis of whether such benefits could
have been achieved by international alliances not receiving
exemptions from the antitrust laws.
(2) Whether granting exemptions from the antitrust laws in
connection with international alliances has resulted in reduced
competition, increased prices in markets, or other adverse
effects.
(3) Whether international alliances that have been granted
exemptions from the antitrust laws have implemented pricing or
other practices with respect to the hub airports at which the
alliances operate that have resulted in increased costs for
consumers or foreclosed competition by rival (nonalliance) air
carriers at such airports.
(4) Whether increased network size resulting from
additional international alliance members will adversely affect
competition between international alliances.
(5) The areas in which immunized international alliances
compete and whether there is sufficient competition among
immunized international alliances to ensure that consumers will
receive benefits of at least the same magnitude as those that
consumers would receive if there were no immunized
international alliances.
(6) The minimum number of international alliances that is
necessary to ensure robust competition and benefits to
consumers on major international routes.
(7) Whether the different regulatory and antitrust
responsibilities of the Secretary and the Attorney General with
respect to international alliances have created any significant
conflicting agency recommendations, such as the conditions
imposed in granting exemptions from the antitrust laws.
(8) Whether, from an antitrust standpoint, requests for
exemptions from the antitrust laws in connection with
international alliances should be treated as mergers, and
therefore be exclusively subject to a traditional merger
analysis by the Attorney General and be subject to advance
notification requirements and a confidential review process
similar to those required under section 7A of the Clayton Act
(15 U.S.C. 18a).
(9) Whether the Secretary should amend, modify, or revoke
any exemption from the antitrust laws granted by the Secretary
in connection with an international alliance.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Comptroller General shall submit to the Secretary of
Transportation, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of the study
under subsection (a), including any recommendations of the Comptroller
General as to whether there should be changes in the authority of the
Secretary under title 49, United States Code, or policy changes that
the Secretary can implement administratively, with respect to approving
international alliances and granting exemptions from the antitrust laws
in connection with such international alliances.
(d) Adoption of Recommended Policy Changes.--Not later than one
year after the date of receipt of the report under subsection (c), and
after providing notice and an opportunity for public comment, the
Secretary shall issue a written determination as to whether the
Secretary will adopt the policy changes, if any, recommended by the
Comptroller General in the report or make any other policy changes with
respect to approving international alliances and granting exemptions
from the antitrust laws in connection with such international
alliances.
(e) Sunset Provision.--
(1) In general.--An exemption from the antitrust laws
granted by the Secretary on or before the last day of the 3-
year period beginning on the date of enactment of this Act in
connection with an international alliance, including an
exemption granted before the date of enactment of this Act,
shall cease to be effective after such last day unless the
exemption is renewed by the Secretary.
(2) Timing for renewals.--The Secretary may not renew an
exemption under paragraph (1) before the date on which the
Secretary issues a written determination under subsection (d).
(3) Standards for renewals.--The Secretary shall make a
decision on whether to renew an exemption under paragraph (1)
based on the policies of the Department in effect after the
Secretary issues a written determination under subsection (d).
(f) Definitions.--In this section, the following definitions apply:
(1) Exemption from the antitrust laws.--The term
``exemption from the antitrust laws'' means an exemption from
the antitrust laws granted by the Secretary under section 41308
of title 49, United States Code.
(2) Immunized international alliance.--The term ``immunized
international alliance'' means an international alliance for
which the Secretary has granted an exemption from the antitrust
laws.
(3) International alliance.--The term ``international
alliance'' means a cooperative agreement between an air carrier
and a foreign air carrier to provide foreign air transportation
subject to approval or disapproval by the Secretary under
section 41309 of title 49, United States Code.
(4) Department.--The term ``Department'' means the
Department of Transportation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation. | Directs the Comptroller General to study legal requirements and policies followed by the Department of Transportation in deciding whether to: (1) approve cooperative agreements between an air carrier and a foreign air carrier (international alliances) to provide foreign air transportation; and (2) exempt such alliances from the U.S. antitrust laws.
Requires: (1) the Comptroller General to report to the Secretary and Congress study results, including any recommendations for authority or policy changes with respect to approving such alliances and granting such exemptions; and (2) the Secretary to issue a determination, after public comment, whether such changes will be adopted. | {"src": "billsum_train", "title": "To direct the Comptroller General to conduct a study of the legal requirements and policies followed by the Department of Transportation in deciding whether to approve international alliances between air carriers and foreign air carriers and grant exemptions from the antitrust laws in connection with such international alliances, and for other purposes."} | 1,196 | 136 | 0.605859 | 1.844221 | 0.659931 | 2.714286 | 9.193277 | 0.915966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetic Privacy and
Nondiscrimination Act of 1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The DNA molecule contains information about an
individual's probable medical future.
(2) Genetic information is uniquely private and personal
information that should not be disclosed without the
authorization of the individual.
(3) The improper disclosure of genetic information can lead
to significant harm to the individual, including stigmatization
and discrimination in areas such as employment, education,
health care and insurance.
(4) An analysis of an individual's DNA provides information
not only about an individual, but also about the individual's
parents, siblings and children.
(5) Current legal protections for genetic information,
tissue samples and DNA samples are inadequate to protect
genetic privacy, and require further attention.
(6) Laws for the collection, storage and use of
identifiable DNA samples and private genetic information
obtained from those samples are needed both to protect
individual privacy and to permit legitimate genetic research.
(b) Purposes.--It is the purpose of this Act to--
(1) define the rights of individuals whose genetic
information is disclosed;
(2) define the circumstances under which an individual's
genetic information may be disclosed; and
(3) protect against discrimination by an insurer or
employer based upon an individual's genetic information.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) DNA.--The term ``DNA'' means deoxyribonucleic acid.
(2) DNA sample.--The term ``DNA sample'' means any human
biological specimen from which DNA can be extracted, or the DNA
extracted from such specimen.
(3) Employer.--The term ``employer'' has the same meaning
given such term in section 3(d) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203(d)).
(4) Genetic information.--The term ``genetic information''
means the information about genes, gene products or inherited
characteristics that may derive from an individual or a family
member.
(5) Genetic test.--The term ``genetic test'' means a test
for determining the presence or absence of genetic
characteristics in an individual, including tests of nucleic
acids such as DNA, RNA and mitochondrial DNA, chromosomes or
proteins in order to diagnose a genetic characteristic.
(6) Insurer.--The term ``insurer'' means an insurance
company, health care service contractor, fraternal benefit
organization, insurance agent, third party administrator,
insurance support organization or other person subject to
regulation under State insurance laws. Such term includes self-
funded health plans and health plans regulated under the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
et seq.).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. REQUIREMENTS FOR DISCLOSURE OF GENETIC INFORMATION.
(a) Prohibition.--
(1) In general.--Except as provided in paragraph (2),
regardless of the manner in which genetic information was
received, or of the source of such information, including
information received from an individual, an entity may not
disclose or be compelled (by subpoena or any other means) to
disclose genetic information about an individual unless such
disclosure is specifically authorized by the individual
involved or the legal representative of the individual through
a written authorization which includes a description of the
information being disclosed, the name of the individual or
entity to whom the disclosure is being made, and the purpose of
the disclosure.
(2) Exceptions.--Notwithstanding paragraph (1), genetic
information concerning an individual may be disclosed if such
disclosure--
(A) is authorized under Federal or State criminal
laws relating to the identification of individuals, or
as is necessary for the purpose of a criminal or death
investigation, a criminal or juvenile proceeding, an
inquest, or a child fatality review by a
multidisciplinary child abuse team;
(B) is required under the specific order of a
Federal or State court;
(C) is authorized under Federal or State law for
the purpose of establishing paternity;
(D) is for the purpose of furnishing genetic
information relating to a decedent to the blood
relatives of the decedent for the purpose of medical
diagnosis; or
(E) is for the purpose of identifying bodies.
(b) Application of Section.--The prohibitions of this section shall
apply to any redisclosure by any entity after another entity has
disclosed the genetic information.
SEC. 5. PROHIBITION ON CERTAIN EMPLOYMENT PRACTICES.
(a) Discrimination as to Rights or Benefits.--No employer may seek
to obtain, obtain, or use the genetic information of an employee or a
prospective employee, or require a genetic test of an employee or
prospective employee, to distinguish between or discriminate against or
restrict any right or benefit otherwise due or available to the
employee or prospective employee.
(b) Enforcement.--The powers, remedies, and procedures set forth in
sections 705 through 709 of the Civil Rights Act of 1964 shall be the
powers, remedies, and procedures this section provides to any person
alleging a violation of this section.
SEC. 6. REQUIREMENTS RELATING TO INSURERS.
(a) General Prohibition.--An insurer offering health insurance may
not use genetic information to reject, deny, limit, cancel, refuse to
renew, increase the rates of, or otherwise affect health insurance.
(b) Prohibition on Inducement.--With respect to a genetic test
conducted in accordance with subsection (c), an insurer may not use
such a genetic test as an inducement for the purchase of insurance.
(c) Permissibility of Tests.--If an insurer requests that an
applicant for insurance (other than an applicant for health insurance)
take a genetic test in connection with an application for insurance,
the use of the results of such test shall be disclosed to the applicant
and the insurer shall obtain the specific written authorization of the
applicant for such disclosure.
(d) Application.--This section shall apply only to insurance
policies issued on or after the date of enactment of this Act, and to
the renewal of policies issued before, on, or after such date of
enactment.
SEC. 7. FURTHER RECOMMENDATION BY THE NATIONAL BIOETHICS ADVISORY
COMMISSION.
Not later than August 31, 1996, the National Bioethics Advisory
Commission shall prepare and submit to the appropriate committees of
Congress a report containing recommendations on--
(1) the development and implementation of standards to
provide increased protection for the collection, storage, and
use of identifiable DNA samples and genetic information
obtained from those samples; and
(2) the development and implementation of appropriate
standards for the acquisition and retention of genetic
information in all settings, including appropriate exceptions. | Genetic Privacy and Nondiscrimination Act of 1995 - Establishes limitations with respect to the disclosure and use of genetic information.
Prohibits disclosure of genetic information about an individual unless specifically authorized by the individual involved, or the individual's legal representative, through a written authorization which includes a description of the information being disclosed, the name of the individual or entity to whom the disclosure is being made, and the purpose of the disclosure.
Allows such a disclosure if it is: (1) authorized under Federal or State criminal laws relating to the identification of individuals, or as is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; (2) required under the specific order of a Federal or State court; (3) authorized under Federal or State law for the purpose of establishing paternity; (4) intended to furnish genetic information relating to a decedent to the decedent's blood relatives for the purpose of medical diagnosis; or (5) intended for the identification of bodies.
(Sec. 5) Prohibits any employer from seeking to obtain, obtaining, or using the genetic information of an employee or a prospective employee, or requiring a genetic test of an employee or prospective employee, to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to the employee or prospective employee. Provides for enforcement of such prohibition through the same powers, procedures, and remedies that are provided to a person alleging a violation under specified provisions of the Civil Rights Act of 1964.
(Sec. 6) Prohibits an insurer offering health insurance from using genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, or otherwise affect health insurance. Requires, if an insurer requests that an insurance applicant (other than a health insurance applicant) take a genetic test, that: (1) the use of the results of such test be disclosed to the applicant; and (2) the insurer obtain the applicant's specific written authorization for such disclosure. Prohibits an insurer from using such a genetic test as an inducement for the purchase of insurance.
(Sec. 7) Directs the National Bioethics Advisory Commission to report to the appropriate congressional committees its recommendations on the development and implementation of appropriate standards: (1) to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) for the acquisition and retention of genetic information in all settings, including appropriate exceptions. | {"src": "billsum_train", "title": "Genetic Privacy and Nondiscrimination Act of 1995"} | 1,526 | 558 | 0.60661 | 2.09587 | 0.667064 | 5.690335 | 2.7357 | 0.940828 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Improper Payments to
Deceased People Act''.
SEC. 2. DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR MAINTAINED BY
THE SOCIAL SECURITY ADMINISTRATION.
(a) In General.--
(1) In general.--Section 205(r) of the Social Security Act
(42 U.S.C. 405(r)) is amended--
(A) in paragraph (2)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by inserting ``, and to ensure the
completeness, timeliness, and accuracy of,''
after ``transmitting'';
(B) by striking paragraphs (3), (4), and (5) and
inserting the following:
``(3)(A) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection in accordance with subparagraph (B), subject to such
safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, by any Federal or State agency providing federally
funded benefits or administering a Federal program for such benefits,
including the agency operating the Do Not Pay working system for
ensuring proper payment of those benefits, through a cooperative
arrangement with the agency (that includes the agency's Inspector
General) or with an agency's Inspector General, if--
``(i) under such arrangement the agency (including, if
applicable, the agency's Inspector General) provides
reimbursement to the Commissioner of Social Security for the
reasonable cost of carrying out such arrangement, including the
reasonable costs associated with the collection and maintenance
of information regarding deceased individuals furnished to the
Commissioner pursuant to paragraph (1), and
``(ii) such arrangement does not conflict with the duties
of the Commissioner of Social Security under paragraph (1).
``(B) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, through a cooperative arrangement in order for a Federal
agency to carry out any of the following purposes, if the requirements
of clauses (i) and (ii) of subparagraph (A) are met:
``(i) Operating the Do Not Pay working system established
by section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012. Under such arrangement, the agency
operating the working system may compare death information
disclosed by the Commissioner with personally identifiable
information reviewed through the working system, and may
redisclose such comparison of information, as appropriate, to
any Federal or State agency authorized to use the working
system.
``(ii) To ensure proper payments under a Federal program or
the proper payment of federally funded benefits, including for
purposes of payment certification, payment disbursement, and
the prevention, identification, or recoupment of improper
payments.
``(iii) To carry out tax administration or debt collection
duties of the agency.
``(iv) For use by any policing agency of the Federal
Government with the principle function of prevention,
detection, or investigation of crime or the apprehension of
alleged offenders.
``(4) The Commissioner of Social Security may enter into similar
arrangements with States to provide information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, for any of the purposes specified in paragraph (3)(B), for
use by States in programs wholly funded by the States, or for use in
the administration of a benefit pension plan or retirement system for
employees of a State or a political subdivision thereof, if the
requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For
purposes of this paragraph, the terms `retirement system' and
`political subdivision' have the meanings given such terms in section
218(b).
``(5) The Commissioner of Social Security may use or provide for
the use of information regarding all deceased individuals furnished to
or maintained by the Commissioner under this subsection, subject to
such safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, for statistical purposes and research activities by
Federal and State agencies if the requirements of clauses (i) and (ii)
of paragraph (3)(A) are met. For purposes of this paragraph, the term
`statistical purposes' has the meaning given that term in section 502
of the Confidential Information Protection and Statistical Efficiency
Act of 2002.''; and
(C) in paragraph (8)(A)(i), by striking
``subparagraphs (A) and (B) of paragraph (3)'' and
inserting ``clauses (i) and (ii) of paragraph (3)(A)''.
(2) Repeal.--Effective on the date that is 5 years after
the date of enactment of this Act, the amendments made by this
subsection to paragraphs (3), (4), (5), and (8) of section
205(r) of the Social Security Act (42 U.S.C. 405(r)) are
repealed, and the provisions of section 205(r) of the Social
Security Act (42 U.S.C. 605(r)) so amended are restored and
revived as if such amendments had not been enacted.
(b) Amendment to Internal Revenue Code.--Section 6103(d)(4) of the
Internal Revenue Code of 1986 is amended--
(1) in subparagraphs (A) and (B), by striking ``Secretary
of Health and Human Services'' each place it appears and
inserting ``Commissioner of Social Security''; and
(2) in subparagraph (B)(ii), by striking ``such Secretary''
and all that follows through ``deceased individuals.'' and
inserting ``such Commissioner pursuant to such contract, except
that such contract may provide that such information is only to
be used by the Social Security Administration (or any other
Federal agency) for purposes authorized in the Social Security
Act or this title.''.
(c) Report to Congress on Alternative Sources of Death Data.--
(1) Requirements.--The Director of the Office of Management
and Budget shall conduct a review of potential alternative
sources of death data maintained by the non-Federal sources,
including sources maintained by State agencies or associations
of State agencies, for use by Federal agencies and programs.
The review shall include analyses of--
(A) the accuracy and completeness of such data;
(B) interoperability of such data;
(C) the extent to which there is efficient
accessability of such data by Federal agencies;
(D) the cost to Federal agencies of accessing and
maintaining such data;
(E) the security of such data;
(F) the reliability of such data; and
(G) a comparison of the potential alternate sources
of death data to the death data distributed by the
Commissioner of Social Security.
(2) Report.--Not later than 4 years after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall submit a report to Congress on the results of
the review and analyses required under paragraph (1). The
report shall include a recommendation by the Director of the
Office of Management and Budget regarding whether to extend the
agency access to death data distributed by the Commissioner of
Social Security provided under the amendments made by
subsection (a)(1) beyond the date on which such amendments are
to be repealed under subsection (a)(2).
SEC. 3. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES TO CURB
IMPROPER PAYMENTS.
The Improper Payments Elimination and Recovery Improvement Act of
2012 (31 U.S.C. 3321 note) is amended by adding at the end the
following:
``SEC. 7. IMPROVING THE USE OF DEATH DATA BY GOVERNMENT AGENCIES.
``(a) Guidance by the Office of Management and Budget.--
``(1) Guidance to agencies.--Not later than 6 months after
the date of enactment of this section, and in consultation with
the Council of Inspectors General on Integrity and Efficiency
and the heads of other relevant Federal, State, and local
agencies, and Indian tribes and tribal organizations, the
Director of the Office of Management and Budget shall issue
guidance for each agency or component of an agency that
operates or maintains a database of information relating to
beneficiaries, annuity recipients, or any purpose described in
section 205(r)(3)(B) of the Social Security Act (42 U.S.C.
405(r)(3)(B)) for which improved data matching with databases
relating to the death of an individual (in this section
referred to as `death databases') would be relevant and
necessary regarding implementation of this section to provide
such agencies or components access to the death databases no
later than 6 months after such date of enactment.
``(2) Plan to assist states and local agencies and indian
tribes and tribal organizations.--Not later than 1 year after
the date of enactment of this section, the Director of the
Office of Management and Budget shall develop a plan to assist
States and local agencies, and Indian tribes and tribal
organizations, in providing electronically to the Federal
Government records relating to the death of individuals, which
may include recommendations to Congress for any statutory
changes or financial assistance to States and local agencies
and Indian tribes and tribal organizations that are necessary
to ensure States and local agencies and Indian tribes and
tribal organizations can provide such records electronically.
The plan may include recommendations for the authorization of
appropriations or other funding to carry out the plan.
``(b) Reports.--
``(1) Report to congress on improving data matching
regarding payments to deceased individuals.--Not later than 270
days after the date of enactment of this section, the Director
of the Office of Management and Budget, in consultation with
the heads of other relevant Federal agencies, and in
consultation with States and local agencies, Indian tribes and
tribal organizations, shall submit to Congress a plan to
improve how States and local agencies and Indian tribes and
tribal organizations that provide benefits under a federally
funded program will improve data matching with the Federal
Government with respect to the death of individuals who are
recipients of such benefits.
``(2) Annual report.--Not later than 1 year after the date
of enactment of this section, and for each of the 4 succeeding
years, the Director of the Office of Management and Budget
shall submit to Congress a report regarding the implementation
of this section. The first report submitted under this
paragraph shall include the recommendations of the Director
required under subsection (a)(2).
``(c) Definitions.--In this section, the terms `Indian tribe' and
`tribal organization' have the meanings given those terms in section 4
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).''.
SEC. 4. PLAN FOR ENSURING THE ACCURACY AND COMPLETENESS OF DEATH DATA
MAINTAINED AND DISTRIBUTED BY THE SOCIAL SECURITY
ADMINISTRATION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Commissioner of Social Security, in consultation with
the Secretary of Commerce, shall submit to Congress a plan, which shall
include the elements described in subsection (b), to ensure the
accuracy and completeness of the death data (including data regarding
individuals who are not eligible for or receiving benefits under titles
II or XVI of the Social Security Act) maintained and furnished by the
Social Security Administration.
(b) Content of Plan.--The plan required under subsection (a) shall
include the following elements:
(1) A procedure for identifying extremely elderly
individuals who are still alive according to the records of the
Social Security Administration and verifying the accuracy of
this information.
(2) Improved policies and procedures for identifying and
correcting erroneous records, including policies and procedures
for--
(A) identifying individuals listed as dead who are
actually alive;
(B) identifying individuals listed as alive who are
actually dead; and
(C) allowing individuals or survivors of deceased
individuals to notify the Social Security
Administration of potential errors.
(3) Improved policies and procedures to identify and
correct errors in the records of the Numerical Identification
System, and death data.
(4) A process for employing statistical analysis of the
death data maintained and distributed by the Social Security
Administration to determine an estimate of the number of
erroneous records.
(5) Recommendations for legislation.
(c) Implementation of Plan.--Not later than 2 years after the date
of enactment of this Act, the Commissioner of Social Security shall
implement the plan required under subsection (a). | Stopping Improper Payments to Deceased People Act Amends title II (Old Age, Survivors, and Disability Insurance Benefits) of the Social Security Act to direct the Social Security Administration (SSA) to: (1) provide information on all deceased individuals that is furnished to or maintained by SSA, subject to appropriate safeguards against unauthorized use or disclosure, to federal or state agencies providing benefits or administering a federal program; and (2) provide for the use of such information by federal agencies to operate the Do Not Pay working system and to carry out tax administration or debt collection duties. Directs the Office of Management and Budget (OMB) to analyze and report to Congress on potential alternative sources of death data maintained by non-federal sources. Amends the Improper Payments Elimination and Recovery Improvement Act of 2012 to require the OMB to: (1) issue guidance to agencies that operate or maintain a database of information relating to beneficiaries, annuity recipients, or other purposes for which improved data matching with databases would be relevant and necessary; (2) develop a plan to assist states and local agencies, and Indian Tribes and tribal organizations, to provide information, in an electronic format, to the federal government on the deaths of individuals; and (3) submit to Congress a plan to improve data matching with the federal government on the death of individuals who are benefit recipients and an annual report on the implementation of such requirements. Directs the SSA to submit a plan to ensure the accuracy and completeness of death data of individuals who are not eligible for or receiving social security benefits. | {"src": "billsum_train", "title": "Stopping Improper Payments to Deceased People Act"} | 2,845 | 331 | 0.569723 | 1.709035 | 0.770657 | 3.711475 | 8.544262 | 0.911475 |
SECTION 1. CONSOLIDATION OF CONTRACT REQUIREMENTS.
(a) Amendment to Title 10.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by inserting after section 2381 the following
new section:
``Sec. 2382. Consolidation of contract requirements: policy and
restrictions
``(a) Policy.--The Secretary of Defense shall require the Secretary
of each military department, the head of each Defense Agency, and the
head of each Department of Defense Field Activity to ensure that the
decisions made by that official regarding consolidation of contract
requirements of the department, agency, or activity as the case may be,
are made with a view to providing small business concerns with
appropriate opportunities to participate in Department of Defense
procurements as prime contractors and appropriate opportunities to
participate in such procurements as subcontractors.
``(b) Limitation on Use of Acquisition Strategies Involving
Consolidation.--(1) An official of a military department, Defense
Agency, or Department of Defense Field Activity may not execute an
acquisition strategy that includes a consolidation of contract
requirements of the military department, agency, or activity with a
total value in excess of $5,000,000, unless the senior procurement
executive concerned first--
``(A) conducts market research;
``(B) identifies any alternative contracting approaches
that would involve a lesser degree of consolidation of contract
requirements; and
``(C) determines that the consolidation is necessary and
justified.
``(2) A senior procurement executive may determine that an
acquisition strategy involving a consolidation of contract requirements
is necessary and justified for the purposes of paragraph (1) if the
benefits of the acquisition strategy substantially exceed the benefits
of each of the possible alternative contracting approaches identified
under subparagraph (B) of that paragraph. However, savings in
administrative or personnel costs alone do not constitute, for such
purposes, a sufficient justification for a consolidation of contract
requirements in a procurement unless the total amount of the cost
savings is expected to be substantial in relation to the total cost of
the procurement.
``(3) Benefits considered for the purposes of paragraphs (1) and
(2) may include cost and, regardless of whether quantifiable in dollar
amounts--
``(A) quality;
``(B) acquisition cycle;
``(C) terms and conditions; and
``(D) any other benefit.
``(c) Definitions.--In this section:
``(1) The terms `consolidation of contract requirements'
and `consolidation', with respect to contract requirements of a
military department, Defense Agency, or Department of Defense
Field Activity, mean a use of a solicitation to obtain offers
for a single contract or a multiple award contract to satisfy
two or more requirements of that department, agency, or
activity for goods or services that have previously been
provided to, or performed for, that department, agency, or
activity under two or more separate contracts smaller in cost
than the total cost of the contract for which the offers are
solicited.
``(2) The term ``multiple award contract'' means--
``(A) a contract that is entered into by the
Administrator of General Services under the multiple
award schedule program referred to in section
2302(2)(C) of this title;
``(B) a multiple award task order contract or
delivery order contract that is entered into under the
authority of sections 2304a through 2304d of this title
or sections 303H through 303K of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 253h
through 253k); and
``(C) any other indeterminate delivery,
indeterminate quantity contract that is entered into by
the head of a Federal agency with two or more sources
pursuant to the same solicitation.
``(3) The term `senior procurement executive concerned'
means--
``(A) with respect to a military department, the
official designated under section 16(3) of the Office
of Federal Procurement Policy Act (41 U.S.C. 414(3)) as
the senior procurement executive for the military
department; or
``(B) with respect to a Defense Agency or a
Department of Defense Field Activity, the official so
designated for the Department of Defense.
``(4) The term `small business concern' means a business
concern that is determined by the Administrator of the Small
Business Administration to be a small-business concern by
application of the standards prescribed under section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2381 the following new item:
``2382. Consolidation of contract requirements: policy and
restrictions.''.
(b) Data Review.--
(1) Requirement for review.--The Secretary of Defense shall
revise the data collection systems of the Department of Defense
to ensure that such systems are capable of identifying each
procurement that involves a consolidation of contract
requirements within the department with a total value in excess
of $5,000,000.
(2) Periodic review.--The Secretary shall ensure that
appropriate officials of the Department of Defense periodically
review the information collected pursuant to paragraph (1) in
cooperation with the Small Business Administration--
(A) to determine the extent of the consolidation of
contract requirements in the Department of Defense; and
(B) to assess the impact of the consolidation of
contract requirements on the availability of
opportunities for small business concerns to
participate in Department of Defense procurements, both
as prime contractors and as subcontractors.
(3) Definitions.--In this subsection:
(A) The term ``bundling of contract requirements''
has the meaning given that term in section 3(o)(2) of
the Small Business Act (15 U.S.C. 632(o)(2)).
(B) The term ``consolidation of contract
requirements'' has the meaning given that term in
section 2382(c)(1) of title 10, United States Code, as
added by subsection (a).
(C) The term ``small business concern'' means a
business concern that is determined by the
Administrator of the Small Business Administration to
be a small-business concern by application of the
standards prescribed under section 3(a) of the Small
Business Act (15 U.S.C. 632(a)).
(c) Evaluation of Bundling Effects.--Section 15(h)(2) of the Small
Business Act (15 U.S.C. 644(h)(2)) is amended--
(1) in subparagraph (C), by inserting ``, and whether
contract bundling played a role in the failure,'' after
``agency goals''; and
(2) by adding at the end the following:
``(G) The number and dollar value of consolidations of
contract requirements with a total value in excess of
$5,000,000, including the number of such consolidations that
were awarded to small business concerns as prime
contractors.''.
(d) Reporting Requirement.--
(1) In general.--The Administrator of the Small Business
Administration shall conduct a study examining the best means
to determine the accuracy of the market research required under
section 15(e)(2) of the Small Business Act (15 U.S.C.
644(e)(2)) for each bundled contract (as defined in section
3(o)(1) of such Act (15 U.S.C. 632(o)(1)), to determine whether
the anticipated benefits were realized, or if they were not
realized, the reasons that the anticipated benefits were not
realized.
(2) Provision of information.--The head of a Federal agency
shall provide to the appropriate procurement center
representative a copy of market research required of the agency
under section 15(e)(2) of the Small Business Act for
consolidations of contract requirements with a total value in
excess of $5,000,000, upon request.
(3) Report.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit a report
to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives on the results of the study conducted under
this subsection.
(4) Repeal of requirement for annual report.--Section 15 of
the Small Business Act (15 U.S.C. 644) is amended by striking
subsection (p). | Directs the Secretary of Defense to require the Secretary of each military department and the head of each defense agency and Department of Defense (DOD) Field Activity to ensure that decisions made regarding the consolidation of contract requirements (bundling) are made with a view to providing small businesses with appropriate opportunities to participate in DOD procurements as prime contractors and subcontractors. Limits the authority of any such official to execute an acquisition strategy that includes a consolidation of contract requirements with a total value in excess of $5 million. Requires the Secretary to review DOD data collection systems to ensure their capability of identifying each procurement that involves a consolidation in excess of such amount.Amends the Small Business Act to require the Small Business Administration (SBA) to report annually to the President the number and value of consolidations in excess of such amount, including the number of such consolidations that were awarded to small businesses as prime contractors. Requires the SBA Administrator to study the best means to determine the accuracy of certain required market research on bundled contracts to determine whether their anticipated benefits were realized. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to restrict bundling of Department of Defense contract requirements that unreasonably disadvantages small businesses, and for other purposes."} | 1,815 | 229 | 0.618439 | 1.788238 | 0.977687 | 3.378109 | 8.38806 | 0.900498 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``The Separate Enrollment and Line Item
Veto Act of 1999''.
SEC. 2. STRUCTURE OF LEGISLATION.
(a) Appropriations Legislation.--
(1) In general.--The Committee on Appropriations of either
the House or the Senate shall not report an appropriation
measure that fails to contain such level of detail on the
allocation of an item of appropriation proposed by that House
as is set forth in the committee report accompanying such bill.
(2) Point of order.--If an appropriation measure is
reported to the House or Senate that fails to contain the level
of detail on the allocation of an item of appropriation as
required in paragraph (1), it shall not be in order in that
House to consider such measure. If a point of order under this
paragraph is sustained, the measure shall be recommitted to the
Committee on Appropriations of that House.
(b) Authorization Legislation.--
(1) In general.--A committee of either the House or the
Senate shall not report an authorization measure that contains
new direct spending or new targeted tax benefits unless such
measure presents each new direct spending or new targeted tax
benefit as a separate item and the accompanying committee
report for that measure shall contain such level of detail as
is necessary to clearly identify the allocation of new direct
spending or new targeted tax benefits.
(2) Point of order.--If an authorization measure is
reported to the House or Senate that fails to comply with
paragraph (1), it shall not be in order in that House to
consider such measure. If a point of order under this paragraph
is sustained, the measure shall be recommitted to the committee
of jurisdiction of that House.
(c) Conference Reports.--
(1) Appropriations.--A committee of conference to which is
committed an appropriations measure shall not file a conference
report in either House that fails to contain the level of
detail on the allocation of an item of appropriation as is set
forth in the statement of managers accompanying that report.
(2) Authorizations.--A committee of conference to which is
committed an authorization measure shall not file a conference
report in either House unless such measure presents each direct
spending or targeted tax benefit as a separate item and the
statement of managers accompanying that report clearly
identifies each such item.
(3) Point of order.--If a conference report is presented to
the House or Senate that fails to comply with either paragraph
(1) or (2), it shall not be in order in that House to consider
such conference report. If a point of order under this
paragraph is sustained in the House to first consider the
conference report, the measure shall be deemed recommitted to
the committee of conference.
SEC. 3. WAIVERS AND APPEALS.
Any provision of section 2 may be waived or suspended in the House
or Senate only by an affirmative vote of three-fifths of the Members of
that House duly chosen and sworn. An affirmative vote of three-fifths
of the Members duly chosen and sworn shall be required to sustain an
appeal of the ruling of the Chair on a point of order raised under that
section.
SEC. 4. SEPARATE ENROLLMENT.
(a) In General.--
(1) Enrollment.--Notwithstanding any other provision of
law, when any appropriation or authorization measure first
passes both Houses of Congress in the same form, the Secretary
of the Senate (in the case of a measure originating in the
Senate) or the Clerk of the House of Representatives (in the
case of a measure originating in the House of Representatives)
shall disaggregate the items as referenced in section 5(4) and
assign each item a new bill number. After disaggregation each
item shall be treated as a separate bill to be considered under
the following subsections. The remainder of the bill not so
disaggregated shall constitute a separate bill and shall be
considered with the other disaggregated bills pursuant to subsection
(b).
(2) Form.--A bill that is required to be disaggregated into
separate bills pursuant to paragraph (1)--
(A) shall be disaggregated without substantive
revision; and
(B) shall bear the designation of the measure of
which it was an item prior to such disaggregation,
together with such other designation as may be
necessary to distinguish such measure from other
measures disaggregated pursuant to paragraph (1) with
respect to the same measure.
(b) Procedure.--The new bills resulting from the disaggregation
described in subsection (a)(1) shall be immediately placed on the
appropriate calendar in the House of origination, and upon passage,
placed on the appropriate calendar in the other House. They shall be
the next order of business in each House and they shall be considered
and voted on en bloc and shall not be subject to amendment. A motion to
proceed to the bills shall be nondebatable. Debate in the House of
Representatives or the Senate on the bill shall be limited to not more
than 1 hour, which shall be divided equally between the majority leader
and the minority leader. A motion further to limit debate is not
debatable. A motion to recommit the bills is not in order, and it is
not in order to move to reconsider the vote by which the bills are
agreed to or disagreed to.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriation measure.--The term ``appropriation
measure'' means any general or special appropriation bill or
any bill or joint resolution making supplemental, deficiency,
or continuing appropriations.
(2) Authorization measure.--The term ``authorization
measure'' means any measure other than an appropriations
measure that contains a provision providing direct spending or
targeted tax benefits.
(3) Direct spending.--The term ``direct spending'' shall
have the same meaning given to such term in section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
(4) Item.--The term ``item'' means--
(A) with respect to an appropriations measure--
(i) any numbered section,
(ii) any unnumbered paragraph, or
(iii) any allocation or suballocation of an
appropriation, made in compliance with section
2(a), contained in a numbered section or an
unnumbered paragraph but shall not include a
provision which does not appropriate funds,
direct the President to expend funds for any
specific project, or create an express or
implied obligation to expend funds and--
(I) rescinds or cancels existing
budget authority;
(II) only limits, conditions, or
otherwise restricts the President's
authority to spend otherwise
appropriated funds; or
(III) conditions on an item of
appropriation not involving a positive
allocation of funds by explicitly
prohibiting the use of any funds; and
(B) with respect to an authorization measure--
(i) any numbered section, or
(ii) any unnumbered paragraph,
that contains new direct spending or a new targeted tax
benefit presented and identified in conformance with
section 2(b).
(5) The term ``targeted tax benefit'' means any provision--
(A) estimated by the Joint Committee on Taxation as
losing revenue for any one of the three following
periods--
(i) the first fiscal year covered by the
most recently adopted concurrent resolution on
the budget;
(ii) the period of the 5 fiscal years
covered by the most recently adopted concurrent
resolution on the budget; or
(iii) the period of the 5 fiscal years
following the first 5 years covered by the most
recently adopted concurrent resolution on the
budget; and
(B) having the practical effect of providing more
favorable tax treatment to a particular taxpayer or
limited group of taxpayers when compared with other
similarly situated taxpayers.
SEC. 6. JUDICIAL REVIEW.
(a) Expedited Review.--
(1) Member of congress.--Any Member of Congress may bring
an action, in the United States District Court for the District
of Columbia, for declaratory judgment and injunctive relief on
the ground that a provision of this Act violates the
Constitution.
(2) Intervention by houses.--A copy of any complaint in an
action brought under paragraph (1) shall be promptly delivered
to the Secretary of the Senate and the Clerk of the House of
Representatives, and each House of Congress shall have the
right to intervene in such action.
(3) Panel.--Any action brought under paragraph (1) shall be
heard and determined by a three-judge court in accordance with
section 2284 of title 28, United States Code.
(4) Authority of houses.--Nothing in this section or in any
other law shall infringe upon the right of the House of
Representatives or the Senate to intervene in an action brought
under paragraph (1) without the necessity of adopting a
resolution to authorize such intervention.
(b) Appeal to Supreme Court.--Notwithstanding any other provisions
of law, any order of the United States District Court for the District
of Columbia which is issued pursuant to an action brought under
paragraph (1) of subsection (a) shall be reviewable by appeal directly
to the Supreme Court of the United States. Any such appeal shall be
taken by a notice of appeal filed within 10 days after such order is
entered; and the jurisdictional statement shall be filed within 30 days
after such order is entered. No stay of an order issued pursuant to an
action brought under paragraph (1) of subsection (a) shall be issued by
a single Justice of the Supreme Court.
(c) Expedited Consideration.--It shall be the duty of the District
Court for the District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the greatest
possible extent the disposition of any matter brought under subsection
(a).
(d) Severability.--If any provision of this Act, or the application
of such provision to any person or circumstance is held
unconstitutional, the remainder of this Act and the application of the
provisions of such Act to any person or circumstance shall not be
affected thereby.
SEC. 7. TREATMENT OF EMERGENCY SPENDING.
(a) Emergency Appropriations.--Section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
adding at the end the following new sentence: ``However, OMB shall not
adjust any discretionary spending limit under this clause for any
statute that designates appropriations as emergency requirements if
that statute contains an appropriation for any other matter, event, or
occurrence, but that statute may contain rescissions of budget
authority.''.
(b) Emergency Legislation.--Section 252(e) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by adding at the
end the following new sentence: ``However, OMB shall not designate any
such amounts of new budget authority, outlays, or receipts as emergency
requirements in the report required under subsection (d) if that
statute contains any other provisions that are not so designated, but
that statute may contain provisions that reduce direct spending.''.
(c) New Point of Order.--Part A of title IV of the Congressional
Budget Act of 1974 is amended by adding at the end the following new
section:
``point of order regarding emergencies
``Sec. 407. It shall not be in order in the House of
Representatives or the Senate to consider any bill or joint resolution,
or amendment thereto or conference report thereon, containing an
emergency designation for purposes of section 251(b)(2)(D) or 252(e) of
the Balanced Budget and Emergency Deficit Control Act of 1985 if it
also provides an appropriation or direct spending for any other item or
contains any other matter, but that bill or joint resolution,
amendment, or conference report may contain rescissions of budget
authority or reductions of direct spending, or that amendment may
reduce for that emergency.''.
(d) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 406 the
following new item:
``Sec. 407. Point of order regarding emergencies.''.
SEC. 8. SAVINGS FROM RESCISSION BILLS USED FOR DEFICIT REDUCTION.
(a) In General.--Not later than 45 days of continuous session after
the President vetoes an appropriations measure or an authorization
measure, the President shall--
(1) with respect to appropriations measures, reduce the
discretionary spending limits under section 601 of the
Congressional Budget Act of 1974 for the budget year and each
outyear by the amount by which the measure would have increased
the deficit in each respective year; and
(2) with respect to a repeal of direct spending, or a
targeted tax benefit, reduce the balances for the budget year
and each outyear under section 252(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985 by the amount by
which the measure would have increased the deficit in each
respective year.
(b) Exceptions.--
(1) In general.--This section shall not apply if the vetoed
appropriations measure or authorization measure becomes law,
over the objections of the President, before the President
orders the reduction required by subsections (a)(1) or (a)(2).
(2) Restoration of limits.--If the vetoed appropriations
measure or authorization measure becomes law, over the
objections of the President, after the President has ordered
the reductions required by subsections (a)(1) or (a)(2), then
the President shall restore the discretionary spending limits
under section 601 of the Congressional Budget Act of 1974 or
the balances under section 252(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 to reflect the positions
existing before the reduction ordered by the President in
compliance with subsection (a).
SEC. 9. EVALUATION AND SUNSET OF TAX EXPENDITURES.
(a) Legislation for Sunsetting Tax Expenditures.--The President
shall submit legislation for the periodic review, reauthorization, and
sunset of tax expenditures with his fiscal year 2000 budget.
(b) Budget Contents and Submission to Congress.--Section 1105(a) of
title 31, United States Code, is amended by adding after paragraph (30)
the following:
``(31) beginning with fiscal year 2002, a Federal
Government performance plan for measuring the overall
effectiveness of tax expenditures, including a schedule for
periodically assessing the effects of specific tax expenditures
in achieving performance goals.''.
(c) Pilot Projects.--Section 1118(c) of title 31, United States
Code, is amended by--
(1) striking ``and'' after the semicolon in paragraph (2);
(2) redesignating paragraph (3) as paragraph (4); and
(3) adding after paragraph (2) the following:
``(3) describe the framework to be utilized by the Director
of the Office of Management and Budget, after consultation with
the Secretary of the Treasury, the Comptroller General of the
United States, and the Joint Committee on Taxation, for
undertaking periodic analyses of the effects of tax
expenditures in achieving performance goals and the
relationship between tax expenditures and spending programs;
and''.
(d) Congressional Budget Act.--Part A of title IV of the
Congressional Budget Act of 1974 is amended by adding at the end
thereof the following:
``tax expenditures
``Sec. 408. It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, motion, or conference report that contains a tax expenditure
unless the bill, joint resolution, amendment, motion, or conference
report provides that the tax expenditure will terminate not later than
10 years after the date of enactment of the tax expenditure.''.
SEC. 10. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance is held unconstitutional, the remainder
of this Act and the application of the provisions of such Act to any
person or circumstance shall not be affected thereby.
SEC. 11. EFFECTIVE DATE.
The provisions of this Act and the amendments made by this Act
shall apply to measures passed by the Congress beginning with the date
of the enactment of this Act and ending on September 30, 2004. | Separate Enrollment and Line Item Veto Act of 1999 - Prohibits the Committee on Appropriations of either the House of Representatives or the Senate from reporting an appropriation measure that fails to contain such level of detail on the allocation of an item of appropriation proposed by that House as is set forth in the accompanying committee report.
Prohibits a congressional committee from reporting an authorization measure containing new direct spending or new targeted tax benefits unless such measure presents such items separately and the accompanying committee report contains the necessary level of detail.
Prohibits the filing of conference reports on appropriations measures that fail to contain such level of detail on the allocation of an item as is set forth in the accompanying statement of managers.
(Sec. 3) Allows the waiver or appeal of such prohibitions by a three-fifths vote of the appropriate House.
(Sec. 4) Requires separate enrollment of each item of appropriation or authorization in measures passed by both Houses in identical form. Provides for congressional consideration of such bills.
(Sec. 6) Provides for expedited judicial review of provisions of this Act in the U.S. District Court for the District of Columbia and direct appeals to the Supreme Court.
(Sec. 7) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and the Congressional Budget Act of 1974 to prohibit the inclusion of nonemergency spending proposals in emergency spending legislation. Allows such proposals to contain rescissions of budget authority or provisions that reduce direct spending.
(Sec. 8) Requires savings from rescissions bills to be used for deficit reduction.
(Sec. 9) Requires the President to submit legislation for the periodic review, reauthorization, and sunset of tax expenditures with the FY 2000 budget.
Requires the inclusion in the budget beginning with FY 2002 of a performance plan for measuring the overall effectiveness of tax expenditures, including a schedule for periodically assessing the effects of specific tax expenditures in achieving performance goals.
Directs the Director of the Office of Management and Budget to include as a pilot project the periodic analyses of such goals and the relationship between tax expenditures and spending programs.
Amends the Congressional Budget Act of 1974 to prohibit consideration in the House and the Senate of legislation that contains a tax expenditure unless the expenditure terminates not later than ten years after the date of its enactment.
(Sec. 11) Makes this Act effective until the end of FY 2004. | {"src": "billsum_train", "title": "Separate Enrollment and Line Item Veto Act of 1999"} | 3,611 | 577 | 0.665673 | 1.938741 | 0.691413 | 3.787097 | 7.070968 | 0.905376 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Specialty Crop and Value-Added
Agriculture Promotion Act''.
SEC. 2. DEFINITION OF SPECIALTY CROP.
Section 3(1) of the Specialty Crops Competitiveness Act of 2004
(Public 108-465; 7 U.S.C. 1621 note) is amended--
(1) by inserting ``fish and shellfish whether farm-raised
or harvested in the wild,'' after ``dried fruits,''; and
(2) by adding at the end the following new sentence: ``The
term includes specialty crops that are organically produced (as
defined in section 2103 of the Organic Foods Production Act of
1990 (7 U.S.C. 6502).''.
SEC. 3. PERMANENT AUTHORIZATION OF APPROPRIATIONS FOR STATE SPECIALTY
CROP BLOCK GRANTS.
Subsection (i) of section 101 of the Specialty Crops
Competitiveness Act of 2004 (Public 108-465; 7 U.S.C. 1621 note) is
amended to read as follows:
``(i) Authorization of Appropriations.--For fiscal year 2006 and
every fiscal year thereafter, there is authorized to be appropriated to
the Secretary of Agriculture $500,000,000 to make grants under this
section.''.
SEC. 4. BLOCK GRANTS TO STATES FOR VALUE-ADDED AGRICULTURAL PRODUCT
MARKET DEVELOPMENT.
(a) In General.--Subsection (b) of section 231 of the Agricultural
Risk Protection Act of 2000 (Public Law 106-224; 7 U.S.C. 1621 note) is
amended to read as follows:
``(b) Grant Program.--
``(1) Block grants to states.--
``(A) Amount of grant to state.--From the amount
made available under paragraph (6) for a fiscal year,
the Secretary shall provide to each State, subject to
subparagraph (B), a grant in an amount equal to the
product obtained by multiplying the amount made
available for that fiscal year by the result obtained
by dividing--
``(i) the total value of the agricultural
commodities and products made in the State
during the preceding fiscal year; by
``(ii) the total value of the agricultural
commodities and products made in all of the
States during the preceding fiscal year.
``(B) Limitation.--The total grant provided to a
State for a fiscal year under subparagraph (A) shall
not exceed $3,000,000.
``(2) Use of grant funds by states.--A State shall use the
grant funds to award competitive grants--
``(A) to an eligible independent producer (as
determined by the State) of a value-added agricultural
product to assist the producer--
``(i) in developing a business plan for
viable marketing opportunities for the value-
added agricultural product; or
``(ii) in developing strategies that are
intended to create marketing opportunities for
the producer; and
``(B) to an eligible agricultural producer group,
farmer or rancher cooperative, or majority-controlled
producer-based business venture (as determined by the
State) to assist the entity--
``(i) in developing a business plan for
viable marketing opportunities in emerging
markets for a value-added agricultural product;
or
``(ii) in developing strategies that are
intended to create marketing opportunities in
emerging markets for the value-added
agricultural product.
``(3) Amount of competitive grant.--
``(A) In general.--The total amount provided under
paragraph (2) to a grant recipient shall not exceed
$500,000.
``(B) Majority-controlled producer-based business
ventures.--The amount of grants provided by a State to
majority-controlled producer-based business ventures
under paragraph (2)(B) for a fiscal year may not exceed
10 percent of the amount of funds that are used by the
State to make grants for the fiscal year under
paragraph (2).
``(4) Grantee strategies.--A recipient of a grant under
paragraph (2) shall use the grant funds--
``(A) to develop a business plan or perform a
feasibility study to establish a viable marketing
opportunity for a value-added agricultural product; or
``(B) to provide capital to establish alliances or
business ventures that allow the producer of the value-
added agricultural product to better compete in
domestic or international markets.
``(5) Reports.--Within 90 days after the end of a fiscal
year for which funds are provided to a State under paragraph
(1), the State shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing how
the funds were used.
``(6) Funding.--On October 1 of each fiscal year, of the
funds of the Commodity Credit Corporation, the Secretary shall
make available to carry out this subsection $100,000,000, to
remain available until expended.
``(7) State defined.--In this subsection, the term `State'
means each of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2005.
SEC. 5. REIMBURSEMENT OF CERTIFICATION COSTS.
(a) Incentive Program.--The Secretary of Agriculture shall
establish an incentive program to encourage the independent third-party
certification of agricultural producers and processors for product
qualities, production practices, or other product or process attributes
that increase marketability or value of an agricultural commodity. The
Secretary shall include independent third-party certification systems,
including programs such as Good Agricultural Practices, Good Handling
Practices, and Good Manufacturing Practices programs, that the
Secretary finds will provide one or more measurable social,
environmental, or marketing advantages.
(b) Standards.--The Secretary shall set standards regarding the
types of certifications, and the types of certification-related
expenses, that will qualify for reimbursement under the program.
(c) Limitation on Amount of Reimbursement.--An agricultural
producer or processor may not receive reimbursement for more than 50
percent of the qualified expenses incurred by the producer or processor
related to accepted certifications.
SEC. 6. NATIONWIDE EXPANSION OF RISK MANAGEMENT AGENCY ADJUSTED GROSS
REVENUE INSURANCE PROGRAM.
(a) Expansion.--Section 523(e) of the Federal Crop Insurance Act (7
U.S.C. 1523(e)) is amended by adding at the end the following new
paragraph:
``(3) Permanent nationwide operation.--Effective beginning
with the 2006 reinsurance year, the Corporation shall carry out
the adjusted gross revenue insurance pilot program as a
permanent program under this title and may expand the program
to cover any county in which crops are produced. To facilitate
the expansion of the program nationwide, the Corporation may
grant temporary premium subsidies for the purchase of a policy
under the program to producers whose farm operations are
located in a county that has a high level of specialty crop
production and has not had a high-level of participation in the
purchase of crop insurance coverage.''.
(b) Comptroller General Study.--The Comptroller General shall
conduct a study of the Federal crop insurance program to determine how
well the program serves specialty crop producers and to recommend such
changes as the Comptroller General considers appropriate to improve the
program for specialty crop producers.
SEC. 7. EXPANSION OF FRUIT AND VEGETABLE PROGRAM IN SCHOOL LUNCH
PROGRAMS.
The Richard B. Russell National School Lunch Act is amended--
(1) in section 18 (42 U.S.C. 1769), by striking subsection
(g); and
(2) by inserting after section 18 the following new
section:
``SEC. 19. FRUIT AND VEGETABLE PROGRAM.
``(a) In General.--The Secretary shall make available in not more
than 100 schools in each State, and in elementary and secondary schools
on 1 Indian reservation, free fresh and dried fruits and vegetables and
frozen berries to be served to school children throughout the school
day in 1 or more areas designated by the school.
``(b) Priority in Allocation.--In selecting States to participate
in the program, the Secretary shall give priority to States that
produce large quantities of specialty crops.
``(c) Publicity.--A school participating in the program authorized
by this section shall publicize within the school the availability of
free fruits and vegetables under the program.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal years 2006 and 2007, $20,000,000 to carry out
this section.''.
SEC. 8. INCREASE IN LIMIT ON DIRECT OPERATING LOANS; INDEXATION TO
INFLATION.
Section 313 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1943) is amended--
(1) in subsection (a)(1), by striking ``$200,000'' and
inserting ``$500,000 (increased, beginning with fiscal year
2007, by the inflation percentage applicable to the fiscal year
in which the loan is made)''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following new paragraph:
``(2) the average of such index (as so defined) for the 12-
month period ending on--
``(A) in the case of a loan other than a loan
guaranteed by the Secretary, August 31, 2005; or
``(B) in the case of a loan guaranteed by the
Secretary, August 31, 1996.''.
SEC. 9. TRADE OF SPECIALTY CROPS.
(a) Assistant USTR for Specialty Crops.--Section 141(c) of the
Trade Act of 1974 (19 U.S.C. 2171(c)) is amended by adding at the end
the following new paragraph:
``(6)(A) There is established in the Office the position of
Assistant United States Trade Representative for Specialty
Crops. The Assistant United States Trade Representative for
Specialty Crops shall be appointed by the United States Trade
Representative.
``(B) The primary function of the Assistant United States
Trade Representative for Specialty Crops shall be to promote
the trade interests of specialty crop businesses, to remove
foreign trade barriers that impede specialty crop businesses,
and to enforce existing trade agreements beneficial to
specialty crop businesses.
``(C) The Assistant United States Trade Representative for
Specialty Crops shall be paid at the level of a member of the
Senior Executive Service with equivalent time and service.''.
(b) Study of Uruguay Round Table Agreement Benefits.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the benefits of the agreements
approved by Congress under section 101(a)(1) of the Uruguay
Round Agreements Act (Public Law 103-465) to specialty crop
businesses.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report describing the results of the study conducted
under paragraph (1).
(c) Foreign Market Access Strategy.--Not later than one year after
the date of the enactment of this Act, the Secretary of Agriculture
shall develop and implement a foreign market access strategy to
increase exports of specialty crops to foreign markets.
SEC. 10. INCREASED AUTHORIZATION FOR TECHNICAL ASSISTANCE FOR SPECIALTY
CROPS.
Section 3205(d) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 5680(d)) is amended by striking ``$2,000,000'' and
inserting ``$10,000,000''. | Specialty Crop and Value-Added Agriculture Promotion Act - Amends the Specialty Crops Competitiveness Act of 2004 to include within the definition of specialty crop: (1) farm-raised or wild-harvested fish and shellfish; and (2) organically produced specialty crops.
Makes the authorization of appropriations for state specialty crop block grants permanent.
Amends the Agricultural Risk Protection Act of 2000 to replace the agricultural marketing resource center pilot project with a state block grant program for value-added agricultural product market development.
Directs the Secretary of Agriculture to establish an incentive program for third-party certification of agricultural producers and processors for quality and production practices that increase agricultural commodity marketability or value. Provides for up 50% reimbursement of participant certification costs.
Amends the Federal Crop Insurance Act to direct the Commodity Credit Corporation to carry out the adjusted gross revenue insurance pilot program as a permanent program. Authorizes the Corporation to: (1) expand the program to cover any county in which crops are produced; and (2) grant temporary policy subsidies for producers located in a county that has a high level of specialty crop production and has not had a high level of crop insurance coverage coverage.
Amends the Richard B. Russell National School Lunch Act to direct the Secretary to: (1) make available to students in not more than 100 schools in each state, and in elementary and secondary schools on one Indian reservation, free fresh and dried fruits and vegetables throughout the school day in one or more school-designated areas; and (2) give priority to states that produce large quantities of specialty crops.
Amends the Consolidated Farm and Rural Development Act to increase operating loan limits for loans guaranteed other than by the Secretary. Revises the related inflation percentage determination.
Amends the Trade Act of 1974 to establish the position of Assistant United States Trade Representative for Specialty Crops.
Amends the Farm Security and Rural Investment Act of 2002 to increase the authorization of appropriations for specialty crop technical assistance. | {"src": "billsum_train", "title": "To amend the Specialty Crops Competitiveness Act of 2004 to increase the authorization of appropriations for grants to support the competitiveness of specialty crops, to amend the Agricultural Risk Protection Act of 2000 to improve the program of value-added agricultural product market development grants by routing funds through State departments of agriculture, to amend the Federal Crop Insurance Act to require a nationwide expansion of the adjusted gross revenue insurance program, and for other purposes."} | 2,656 | 421 | 0.575957 | 1.71734 | 0.773893 | 4.314961 | 6.144357 | 0.939633 |
SECTION 1. SPECIAL RULES FOR REFUND OF THE COAL EXCISE TAX TO CERTAIN
COAL PRODUCERS AND EXPORTERS.
(a) In General.--Notwithstanding sections 6416(a)(1) and (c) and
6511 of the Internal Revenue Code of 1986, if--
(1) a coal producer establishes that such coal producer, or
a party related to such coal producer, exported coal produced
by such coal producer to a foreign country or shipped coal
produced by such coal producer to a possession of the United
States, the export or shipment of which was other than through
an ``exporter'' as defined in this Act, or an exporter
establishes that such exporter exported coal to a foreign
country or shipped coal to a possession of the United States,
or caused such coal to be so exported or shipped,
(2) such coal producer or exporter filed a return on or
after October 1, 1990, and on or before the date of enactment
of this Act, and
(3) such coal producer or exporter files a claim for refund
not later than the close of the 30-day period beginning on the
date of the enactment of this Act,
then the Secretary of the Treasury shall pay to such coal producer an
amount equal to the tax paid under section 4121 of such Code on such
coal exported by the coal producer or a party related to such coal
producer, or to such exporter an amount equal to $0.825 per ton of such
coal exported by the exporter or such coal that the exporter caused to
be exported. This section applies only to claims on coal exported on or
after October 1, 1990, through the date of the enactment of this Act.
(b) Limitations.--Subsection (a) shall not apply with respect to
exported coal if a credit or refund of tax imposed by section 4121 of
such Code on such coal has been allowed or made to, or if a settlement
with the Federal Government has been made with and accepted by, the
coal producer, a party related to such coal producer or the exporter,
of such coal, as of the date that the claim is filed under this section
with respect to such exported coal. For purposes of this subsection, a
``settlement with the Federal Government'' shall not include any
settlement or stipulation entered into as of the date of enactment of
this Act, the terms of which contemplate a judgment concerning which
any party has reserved the right to file an appeal, or has filed an
appeal.
(c) Subsequent Refund Prohibited.--No refund shall be made under
this section to the extent that a credit or refund of such tax on such
exported coal has been paid to any person.
(d) ``Coal Producer'' Defined.--For purposes of this section ``coal
producer'' shall mean the person in whom is vested ownership of the
coal immediately after the coal is severed from the ground, without
regard to the existence of any contractual arrangement for the sale or
other disposition of the coal or the payment of any royalties between
the producer and third parties. The term includes any person who
extracts coal from coal waste refuse piles or from the silt waste
product which results from the wet washing (or similar processing) of
coal.
(e) ``Exporter'' Defined.--For purposes of this section
``exporter'' shall mean a person, other than a ``coal producer'' as
defined in this Act, who does not have a contract, fee arrangement or
any other agreement with a producer or seller of such coal to sell or
export such coal to a third party on behalf of the producer or seller
of such coal and--
(1) is indicated in the shipper's export declaration or
other documentation as the exporter of record, or
(2) actually exported such coal to a foreign country or
shipped such coal to a possession of the United States, or
caused such coal to be so exported or shipped.
(f) Related Party Defined.--For purposes of this section, ``a party
related to such coal producer'' shall mean a person who--
(1) is related to such coal producer through any degree of
common management, stock ownership, or voting control;
(2) is related (within the meaning of section 144(a)(3) of
such Code) to such coal producer; or
(3) has a contract, fee arrangement, or any other agreement
with such coal producer to sell such coal to a third party on
behalf of such coal producer.
(g) Timing of Refund.--With respect to any claim for refund filed
pursuant to this section, the Secretary of the Treasury shall determine
whether the requirements of this section are met not later than 180
days after such claim is filed. If the Secretary determines that the
requirements of this section are met, the claim for refund shall be
paid not later than 180 days after the Secretary makes such
determination.
(h) Interest.--Any refund paid pursuant to this section shall be
paid by the Secretary of the Treasury with interest from the date of
overpayment determined by using the overpayment rate and method under
section 6621 of such Code.
(i) Standing Not Conferred.--
(1) With respect to exporters, this section shall not
confer standing upon an exporter to commence, or intervene in,
any judicial or administrative proceeding concerning a claim
for refund by a coal producer of any Federal or State tax, fee,
or royalty paid by the coal producer.
(2) With respect to coal producers, this section shall not
confer standing upon a coal producer to commence, or intervene
in, any judicial or administrative proceeding concerning a
claim for refund by an exporter of any Federal or State tax,
fee, or royalty paid by the producer and alleged to have been
passed on to an exporter. | Directs the Secretary of the Treasury to refund a portion of the excise tax paid by certain coal producers on coal exported to a foreign country or shipped to a U.S. possession after October 1, 1990. | {"src": "billsum_train", "title": "To facilitate and expedite direct refunds to coal producers and exporters of the excise tax unconstitutionally imposed on coal exported from the United States."} | 1,266 | 47 | 0.575202 | 1.484959 | 0.371835 | 3.184211 | 30.947368 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Susquehanna National Heritage Area
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Susquehanna National Heritage Area established by section 3(a).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 4(a).
(3) Management plan.--The term ``management plan'' means
the plan developed by the local coordinating entity under
section 5(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Pennsylvania.
SEC. 3. SUSQUEHANNA NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Susquehanna National
Heritage Area in the State.
(b) Boundaries.--The Heritage Area shall include Lancaster and York
Counties, Pennsylvania.
SEC. 4. DESIGNATION OF LOCAL COORDINATING ENTITY.
(a) Local Coordinating Entity.--The Susquehanna Heritage
Corporation, a nonprofit organization established under the laws of the
State, shall be the local coordinating entity for the Heritage Area.
(b) Authorities of Local Coordinating Entity.--The local
coordinating entity may, for purposes of preparing and implementing the
management plan--
(1) prepare reports, studies, interpretive exhibits and
programs, historic preservation projects, and other activities
recommended in the management plan for the Heritage Area;
(2) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(3) enter into cooperative agreements with the State,
political subdivisions of the State, nonprofit organizations,
and other organizations;
(4) hire and compensate staff;
(5) obtain funds or services from any source, including
funds and services provided under any Federal program or law,
in which case the Federal share of the cost of any activity
assisted using Federal funds provided for National Heritage
Areas shall not be more than 50 percent; and
(6) contract for goods and services.
(c) Duties of Local Coordinating Entity.--To further the purposes
of the Heritage Area, the local coordinating entity shall--
(1) prepare a management plan for the Heritage Area in
accordance with section 5;
(2) give priority to the implementation of actions, goals,
and strategies set forth in the management plan, including
assisting units of government and other persons in--
(A) carrying out programs and projects that
recognize and protect important resource values in the
Heritage Area;
(B) encouraging economic viability in the Heritage
Area in accordance with the goals of the management
plan;
(C) establishing and maintaining interpretive
exhibits in the Heritage Area;
(D) developing heritage-based recreational and
educational opportunities for residents and visitors in
the Heritage Area;
(E) increasing public awareness of and appreciation
for the natural, historic, and cultural resources of
the Heritage Area;
(F) restoring historic buildings that are--
(i) located in the Heritage Area; and
(ii) related to the themes of the Heritage
Area; and
(G) installing throughout the Heritage Area clear,
consistent, and appropriate signs identifying public
access points and sites of interest;
(3) consider the interests of diverse units of government,
businesses, tourism officials, private property owners, and
nonprofit groups within the Heritage Area in developing and
implementing the management plan;
(4) conduct public meetings at least semiannually regarding
the development and implementation of the management plan; and
(5) for any fiscal year for which Federal funds provided
for National Heritage Areas are expended for the Heritage
Area--
(A) submit to the Secretary an annual report that
describes--
(i) the accomplishments of the local
coordinating entity;
(ii) the expenses and income of the local
coordinating entity; and
(iii) the entities to which the local
coordinating entity made any grants;
(B) make available for audit all records relating
to the expenditure of the Federal funds and any
matching funds; and
(C) require, with respect to all agreements
authorizing the expenditure of Federal funds by other
organizations, that the receiving organizations make
available for audit all records relating to the
expenditure of the Federal funds.
(d) Prohibition on Acquisition of Real Property.--
(1) In general.--The local coordinating entity shall not
use Federal funds provided for National Heritage Areas to
acquire real property or any interest in real property.
(2) Other sources.--Nothing in this Act precludes the local
coordinating entity from using funds from other sources for
authorized purposes, including the acquisition of real property
or any interest in real property.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which
funds are first made available to carry out this Act, the local
coordinating entity shall prepare and submit to the Secretary a
management plan for the Heritage Area.
(b) Contents.--The management plan for the Heritage Area shall--
(1) include comprehensive policies, strategies, and
recommendations for the conservation, funding, management, and
development of the Heritage Area;
(2) include a description of actions and commitments that
governments, private organizations, and citizens will take to
protect, enhance, and interpret the natural, historic, scenic,
and cultural resources of the Heritage Area;
(3) describe a program of implementation for the management
plan that includes--
(A) performance goals and ongoing performance
evaluation;
(B) plans for resource protection, enhancement and
interpretation; and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
government, organization, business or individual;
(4) include an interpretative plan for the Heritage Area;
(5) take into consideration existing State, county, and
local plans;
(6) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Area;
(7) include an inventory of the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the themes of the Heritage Area
that should be preserved, restored, managed, developed, or
maintained; and
(8) include an analysis of, and recommendations for, ways
in which Federal, State, and local programs, may best be
coordinated to further the purposes of this Act, including
recommendations for the role of the National Park Service in
the Heritage Area.
(c) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date on
which the local coordinating entity submits the management plan
to the Secretary, the Secretary shall approve or disapprove the
proposed management plan.
(2) Considerations.--In determining whether to approve or
disapprove the management plan, the Secretary shall consider
whether--
(A) the local coordinating entity is representative
of the diverse interests of the Heritage Area,
including governments, natural and historic resource
protection organizations, educational institutions,
businesses, and recreational organizations;
(B) the local coordinating entity has provided
adequate opportunities (including public meetings) for
public and governmental involvement in the preparation
of the management plan;
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historic, and cultural resources of the Heritage Area;
and
(D) the management plan is supported by the
appropriate State and local officials, the cooperation
of which is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Disapproval and revisions.--
(A) In general.--If the Secretary disapproves a
proposed management plan, the Secretary shall--
(i) advise the local coordinating entity,
in writing, of the reasons for the disapproval;
and
(ii) make recommendations for revision of
the proposed management plan.
(B) Approval or disapproval.--The Secretary shall
approve or disapprove a revised management plan not
later than 180 days after the date on which the revised
management plan is submitted.
(d) Approval of Amendments.--The Secretary shall review and approve
or disapprove substantial amendments to the management plan in
accordance with subsection (c).
SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity to the extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, or local agency, or conveys any land use or other
regulatory authority to the local coordinating entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) affects the licensing or relicensing of facilities by
the Federal Energy Regulatory Commission within the proposed
Heritage Area or upstream or downstream from the proposed
Heritage Area on the Susquehanna River, including FERC Project
No. 405-104;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 8. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date specified
under section 9, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of this Act for the
Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(c) Report.--
(1) In general.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(2) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
SEC. 9. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act.
Passed the House of Representatives June 5, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Susquehanna National Heritage Area Act This bill establishes the Susquehanna National Heritage Area in Pennsylvania, which shall include Lancaster and York counties. The Susquehanna Heritage Corporation is designated as the local coordinating entity for the area. The bill prohibits the corporation from using federal funds for the acquisition of real property or any interest in real property. The corporation shall prepare and submit a management plan for the area that includes a description of actions and commitments that will be taken to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the heritage area. The bill terminates the authority of the Department of the Interior to provide assistance with respect to the area after 15 years. | {"src": "billsum_train", "title": "Susquehanna National Heritage Area Act"} | 2,648 | 151 | 0.606604 | 1.664786 | 0.696142 | 3.932331 | 19.300752 | 0.924812 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States China Policy Act of
1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The economic, social, political, and cultural welfare
of the people of China, who constitute one-fifth of the world's
population, is a matter of global humanitarian concern.
(2) By virtue of its size, its economic vitality, its
status as a nuclear power, and its role as a permanent member
of the United Nations Security Council, China plays a
significant role in world affairs.
(3) The United States policy toward China involves
balancing multiple interests, including promoting human rights
and democracy, securing China's strategic cooperation in Asia
and the United Nations, protecting United States national
security interests, controlling the proliferation of weapons of
mass destruction, promoting a peaceful and democratic
transition in Hong Kong, and expanding United States economic
contact with China.
(4) United States policy toward China must include as a key
objective the promotion of internationally recognized human
rights. Specific priorities and methods should be appropriate
to the circumstances. Engagement with China rather than its
isolation is more likely to foster United States interests.
(5) The opening of China to the West, the adoption of free
market economic reforms, the emergence of a strong and
entrepreneurial economy that ensures the rise of a Chinese
middle class; all have led to expanded individual freedom, a
weakening of state control over personal expression, access to
the media in the United States, Hong Kong, and the West, and
major improvements in living standards for the Chinese people.
(6) United States policies that encourage economic
liberalization and increased contact with the United States and
other democracies foster respect for internationally recognized
human rights and can contribute to civil and political reform
in China.
(7) The President's policy statement of May 26, 1994,
provides a sound framework for expanding and extending the
relationship of the United States with China while continuing
the commitment of the United States to its historic values. The
United States must develop a comprehensive and coherent policy
toward China that addresses the complex and fast-changing
reality in that country and promotes simultaneously the human
rights, diplomatic, economic, and security interests of the
United States toward China.
(8) The United States has an interest in a strong, stable,
prosperous, and open China whose government contributes to
international peace and security and whose actions are
consistent with the responsibilities of great power status.
Whether those expectations are met will determine the breadth,
depth, and tone of the United States-China bilateral
relationship.
(9) Peace and economic progress in East Asia is best
assured through a web of cooperative relations among the
countries of the region, including China and the United States.
The emergence of a militarily powerful China that seeks to
dominate East Asia would be regarded as a matter of serious
concern by the United States and by other countries in the
Asia-Pacific region.
(10) Yet China's performance has been uneven on a number of
issues of concern to the United States. In particular, the
Chinese Government has failed to observe internationally
recognized human rights. In this regard the Congress makes the
following declarations:
(A) The Chinese Government itself has made
commitments to observe universal human rights norms.
(B) Human rights have universal application and are
not solely defined by culture or history.
(C) Chinese policies of particular concern to the
United States are the criminalization of dissent, the
inhumane treatment in prisons, and the serious
repression in non-Han-Chinese areas like Tibet.
(11) Genuine political stability in China and greater
respect for internationally recognized human rights, as well as
continued economic growth and stability, will only occur in
China as a result of a strengthened legal system (based on the
rule of law and property rights), the emergence of a civil
society, and the creation of political institutions that are
responsive to public opinion and the interests of social
groups.
(12) China has entered a major transition in its political
history which will determine the nature of the domestic system,
including respect for internationally recognized human rights,
and the Chinese Government's foreign policy. The Chinese
Government should accelerate the process of reform of all
aspects of Chinese society.
(13) Existing official bilateral and multilateral
institutions provide useful venues for engagement with China
concerning the rule of law, civil society, respect for
internationally recognized human rights, and political
institutions that provide humane and effective governance.
(14) American nongovernmental and business organizations,
in their various forms of engagement in China, have contributed
in that country to the initial emergence of civil society, the
strengthening of the legal system, and the expansion of
economic autonomy.
SEC. 3. RECOMMENDATIONS FOR IMPLEMENTATION OF UNITED STATES POLICY.
Congress affirms the President's policy and makes the following
recommendations for the conduct of United States policy toward China:
(1) The United States should continue a steady and
comprehensive policy of pressing for increased Chinese
adherence to international norms, especially those concerning
internationally recognized human rights.
(2) Of particular concern to the United States are the
following:
(A) The accounting and release of political
prisoners.
(B) Access to Chinese prisoners by international
humanitarian organizations.
(C) Negotiations between the Chinese Government and
the Dalai Lama on Tibetan issues.
(3) The official dialogue with the Chinese Government on
human rights issues should continue and be intensified.
(4) As he considers appropriate, the President should use
other available modes of official interaction with China to
pursue initiatives that are relevant to promoting increased
respect for human rights in China.
(5) The United States should expand broadcasting to China,
through the Voice of America and Radio Free Asia.
(6) The United States should work through available
multilateral fora, such as the United Nations Human Rights
Commission, to express concerns about human rights in China and
to encourage Chinese adherence to, and compliance with,
international human rights instruments. At all appropriate
times, the United States should work toward and support joint
actions to address significant problems. In particular, the
United States should seek to secure the participation of other
governments in overtures to secure the accounting and release
of political prisoners, to encourage access to Chinese
prisoners by international humanitarian organizations and
negotiations between the Chinese Government and the Dalai Lama.
(7) Where possible, the United States should take further
steps to foster in China the rule of law, the creation of a
civic society, and the emergence of institutions that provide
humane and effective governance.
(8) To better carry out the recommendation in paragraph
(7), the Secretary of State should encourage United States
posts in China to increase reporting on the human rights
situation, the rule of law, civil society, and other political
developments in China, and to increase appropriate contacts
with domestic nongovernmental organizations.
(9) United States non-governmental organizations should
continue and expand activities that encourage the rule of law,
the emergence of a civic society, and the creation of
institutions that provide humane and effective governance.
(10) When considering the termination of the suspensions of
United States Government activities enacted in section 902(a)
of the Foreign Relations Authorization Act, Fiscal Years 1990
and 1991, the President should explore whether such
terminations could be used to elicit specific steps by the
Chinese government to enhance respect for internationally
recognized human rights or correct abuses of such rights.
SEC. 4. UNITED STATES GOVERNMENT PROGRAMS SUPPORTING HUMAN RIGHTS IN
CHINA.
(a) Statement of Policy.--Concerning the promotion of human rights
in China, it shall be the policy of the United States to promote the
following objectives:
(1) An effective legal system, based on the rule of law.
(2) Respect for internationally recognized human rights.
(3) The emergence of civil society.
(4) The creation of institutions that provide humane and
effective governance.
(b) Factors.--In determining how to carry out the objectives stated
in subsection (a), the President should consider the following factors:
(1) The circumstances under which it is appropriate to
provide support to organizations and individuals in China.
(2) The circumstances under which it is appropriate to
provide financial support, including through the following
means:
(A) Directly by the United States Government.
(B) Through United States nongovernmental
organizations which have established a sound record in
China.
(3) The extent to which the objectives of subsection (a)
should be promoted through exchanges, technical assistance,
grants to organizations, and scholarships for advanced study in
the United States.
(4) How to assure accountability for funds provided by the
United States Government.
(c) Authorization of Appropriations for Fiscal Year 1995.--
(1) Of the amounts authorized to be appropriated for
education and cultural exchange programs of the United States
Information Agency for fiscal year 1995, up to $1,000,000 is
authorized to be available for programs to carry out the
objectives of subsection (a).
(2) In addition to such amounts as may otherwise be made
available for broadcasting to China for fiscal year 1995, of
the amounts authorized to be appropriated for international
broadcasting for fiscal year 1995, an additional $5,000,000 may
be used for broadcasting to China .
SEC. 5. INTERNATIONAL HUMANITARIAN ORGANIZATIONS.
It is the sense of Congress that, in the event that international
humanitarian organizations undertake activities in China related to the
treatment of prisoners, the President should make available an
additional contribution to those organizations to support such
activities.
SEC. 6. PRINCIPLES TO GOVERN THE ACTIVITIES OF UNITED STATES BUSINESS
IN CHINA.
(a) In General.--Congress endorses President Clinton's efforts to
work with the leaders of the United States business community to
develop voluntary principles that could be adapted by United States
companies doing business in China to further advance human rights and
commends United States companies that have previously adopted such
principles or are considering taking such action.
(b) Other Countries.--Congress urges the President to encourage
other governments to adopt similar principles to govern the activities
of their business organizations with activities in China.
SEC. 7. PERIODIC REPORTS.
Not more than 180 days after the date of the enactment of this Act
and annually for the 2 subsequent years, the President shall submit to
the Speaker of the House of Representatives and the Chairman of the
Committee on Foreign Relations of the Senate, a report (in a classified
form in whole or in part as necessary) which reviews for the preceding
12-month period those activities supported by the United States
Government to promote the objectives stated in section 4(a).
SEC. 8. COMMISSION ON LAW AND SOCIETY IN CHINA.
The President is authorized to establish a United States commission
on law and society in the People's Republic of China to undertake the
following responsibilities and such other duties as the President
considers appropriate:
(1) To monitor developments in China with respect to the
following:
(A) The development of the Chinese legal system.
(B) The emergence of civil society.
(C) The development of institutions that provide
humane and effective governance.
(2) To engage in an ad hoc dialogue with Chinese
individuals and nongovernmental organizations who have an
interest in the subjects indicated in paragraph (1).
(3) To report to the President and to the Congress the
commission's findings regarding the subjects identified in
paragraph (1) and its discussions with Chinese individuals and
organizations concerning those subjects.
(4) To make recommendations to the President on United
States policy toward China in promoting the objectives
identified in section 4(a).
(5) To assess and report to the President and the Congress
on whether the creation of a United States-China Commission on
Law and Society would contribute to the objectives identified
in section 4(a).
Passed the House of Representatives August 9, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | United States China Policy Act of 1994 - Declares that the Congress affirms the President's policy toward China and makes the following recommendations for the conduct of U.S. policy toward that country, including: (1) a continued U.S. policy of pressing for increased Chinese adherence to internationally recognized human rights; (2) U.S. concern for the accounting and release of political prisoners, access to Chinese prisoners by international humanitarian organizations, and negotiations between China and the Dalai Lama on Tibetan issues; (3) expanded U.S. broadcasting to China through the Voice of America and Radio Free Asia; and (4) further U.S. steps to foster in China the rule of law, the creation of a civic society, and the emergence of institutions that provide humane and effective governance.
Urges the President, when considering termination of the suspensions of U.S. Government activities enacted in the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, to explore whether such terminations could be used to elicit specific steps by the Chinese to enhance respect for internationally recognized human rights or to correct abuses of such rights.
(Sec. 4) Declares it to be U.S. policy, in fostering human rights in China, to promote the following objectives: (1) an effective legal system, based on the rule of law; (2) respect for internationally recognized human rights; (3) the emergence of civil society; and (4) the creation of institutions that provide humane and effective goverance.
Authorizes appropriations for programs to carry out the objectives of this Act.
(Sec. 5) Expresses the sense of the Congress that, in the event that international humanitarian organizations undertake activities in China related to the treatment of prisoners, the President should make available additional contributions to such organizations to support them.
(Sec. 6) Declares that the Congress endorses President Clinton's efforts to work with U.S. leaders of the business community to develop principles that could be adapted by U.S. companies doing business in China to advance human rights. Commends U.S. companies that have adopted such principles. Urges the President to encourage other governments to adopt such principles in governing the activities of their businesses in China.
(Sec. 7) Requires the President to review and report to specified congressional committees on U.S. activities to promote human rights in China.
(Sec. 8) Authorizes the President to establish a U.S. commission on law and society in China to monitor developments in China with respect to the specified objectives of U.S. policy. | {"src": "billsum_train", "title": "United States China Policy Act of 1994"} | 2,491 | 555 | 0.612667 | 2.177312 | 0.587025 | 4.951681 | 5.285714 | 0.926471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Health Information
Technology Financing Act''.
SEC. 2. SMALL BUSINESS HEALTH INFORMATION TECHNOLOGY FINANCING PROGRAM.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by
redesignating section 44 as section 45 and by inserting the following
new section after section 43:
``SEC. 44. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY.
``(a) Definitions.--As used in this section:
``(1) The term `health information technology' means
computer hardware, software, and related technology that
supports the meaningful EHR use requirements set forth in
section 1848(o)(2)(A) of the Social Security Act (42 U.S.C.
1395w-4(o)(2)(A)) and is purchased by an eligible professional
to aid in the provision of health care in a health care
setting, including, but not limited to, electronic medical
records, and that provides for--
``(A) enhancement of continuity of care for
patients through electronic storage, transmission, and
exchange of relevant personal health data and
information, such that this information is accessible
at the times and places where clinical decisions will
be or are likely to be made;
``(B) enhancement of communication between patients
and health care providers;
``(C) improvement of quality measurement by
eligible professionals enabling them to collect, store,
measure, and report on the processes and outcomes of
individual and population performance and quality of
care;
``(D) improvement of evidence-based decision
support; or
``(E) enhancement of consumer and patient
empowerment.
Such term shall not include information technology whose sole
use is financial management, maintenance of inventory of basic
supplies, or appointment scheduling.
``(2) The term `eligible professional' means any of the
following:
``(A) A physician (as defined in section 1861(r) of
the Social Security Act (42 U.S.C. 1395x(r))).
``(B) A practitioner described in section
1842(b)(18)(C) of that Act.
``(C) A physical or occupational therapist or a
qualified speech-language pathologist.
``(D) A qualified audiologist (as defined in
section 1861(ll)(3)(B)) of that Act.
``(E) A qualified medical transcriptionist who is
either certified by or registered with the Association
for Healthcare Documentation Integrity, or a successor
association thereto.
``(F) A State-licensed pharmacist.
``(G) A State-licensed supplier of durable medical
equipment, prosthetics, orthotics, or supplies.
``(H) A State-licensed, a State-certified, or a
nationally accredited home health care provider.
``(3) The term `qualified eligible professional' means an
eligible professional whose office can be classified as a small
business concern by the Administrator for purposes of this Act
under size standards established under section 3 of this Act.
``(4) The term `qualified medical transcriptionist' means a
specialist in medical language and the healthcare documentation
process who interprets and transcribes dictation by physicians
and other healthcare professionals to ensure accurate,
complete, and consistent documentation of healthcare
encounters.
``(b) Loan Guarantees for Qualified Eligible Professionals.--
``(1) In general.--Subject to paragraph (2), the
Administrator may guarantee up to 90 percent of the amount of a
loan made to a qualified eligible professional to be used for
the acquisition of health information technology for use in
such eligible professional's medical practice and for the costs
associated with the installation of such technology. Except as
otherwise provided in this section, the terms and conditions
that apply to loans made under section 7(a) of this Act shall
apply to loan guarantees made under this section.
``(2) Limitations on guarantee amounts.--The maximum amount
of loan principal guaranteed under this subsection may not
exceed--
``(A) $350,000 with respect to any single qualified
eligible professional; and
``(B) $2,000,000 with respect to a single group of
affiliated qualified eligible professionals.
``(c) Fees.--(1) The Administrator may impose a guarantee fee on
the borrower for the purpose of reducing the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990) of the
guarantee to zero in an amount not to exceed 2 percent of the total
guaranteed portion of any loan guaranteed under this section. The
Administrator may also impose annual servicing fees on lenders not to
exceed 0.5 percent of the outstanding balance of the guarantees on
lenders' books.
``(2) No service fees, processing fees, origination fees,
application fees, points, brokerage fees, bonus points, or other fees
may be charged to a loan applicant or recipient by a lender in the case
of a loan guaranteed under this section.
``(d) Deferral Period.--Loans guaranteed under this section shall
carry a deferral period of not less than 1 year and not more than 3
years. The Administrator shall have the authority to subsidize interest
during the deferral period.
``(e) Effective Date.--No loan may be guaranteed under this section
until the meaningful EHR use requirements have been determined by the
Secretary of Health and Human Services.
``(f) Sunset.--No loan may be guaranteed under this section after
the date that is 7 years after meaningful EHR use requirements have
been determined by the Secretary of Health and Human Services.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990) of
guaranteeing $10,000,000,000 in loans under this section. The
Administrator shall determine such program cost separately and
distinctly from other programs operated by the Administrator.''.
SEC. 3. REGULATIONS.
Except as otherwise provided in this Act or in amendments made by
this Act, after an opportunity for notice and comment, but not later
than 180 days after the date of the enactment of this Act, the
Administrator shall issue regulations to carry out this Act and the
amendments made by this Act.
Passed the House of Representatives November 18, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Small Business Health Information Technology Financing Act - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90% of the amount of a loan, up to specified loan amounts, to a small business health professional to be used for the acquisition and installation of health information technology for the professional's medical practice. Defines the term "health information technology" to mean computer hardware, software, and related technology that supports the meaningful electronic health record use requirements of title XVIII (Medicare) of the Social Security Act and is purchased by an eligible professional to aid in the provision of health care, including electronic medical records, but excludes information technology whose sole use is financial management, maintenance of inventory of basic supplies, or appointment scheduling. Sets loan limits at $350,000 for an individual professional and $2 million for a group of affiliated professionals. Authorizes the Administrator to impose a guarantee fee on such borrowers, but prohibits any service, processing, or other fees. Allows such loans for a period of not less than one year or more than three years.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Small Business Act to provide loan guarantees for the acquisition of health information technology by eligible professionals in solo and small group practices, and for other purposes."} | 1,408 | 245 | 0.546213 | 1.477753 | 0.863527 | 3.472222 | 6 | 0.87963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Plastic Bag Reduction Act of 2009''.
SEC. 2. IMPOSITION OF TAX ON SINGLE-USE CARRYOUT BAGS.
(a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986
(relating to environmental taxes) is amended by inserting after
subchapter C the following new subchapter:
``Subchapter D--Single-Use Carryout Bags
``Sec. 4056. Imposition of tax.
``SEC. 4056. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed on any retail sale a
tax on any single-use carryout bag.
``(b) Amount of Tax.--The amount of tax imposed by subsection (a)
on any single-use carryout bag shall be--
``(1) $0.05 on and after January 1, 2010, and before
January 1, 2015, and
``(2) $0.25 on and after January 1, 2015.
``(c) Liability for Tax.--The retailer shall be liable for the tax
imposed by subsection (a).
``(d) Definitions.--For purposes of this section--
``(1) Single-use bag.--
``(A) In general.--The term `single-use carryout
bag' means a carryout bag, including a grocery sack,
dry-cleaning bag, take-out food bag, retail bag,
membership or wholesaler bag, and service station bag,
manufactured or imported for use by a retail seller at
a point of sale with a customer.
``(B) Exceptions.--Such term does not include--
``(i) any reusable bag,
``(ii) any bag manufactured for use by a
customer inside a store to package bulk items
such as fruit, vegetables, nuts, grains, candy,
or small hardware items, such as nails and
bolts,
``(iii) any bag manufactured for use by a
pharmacist to contain prescription drugs, and
``(iv) any bag manufactured to be sold at
retail in packages containing multiple bags
intended for use as garbage, pet waste, or yard
waste bags.
``(2) Reusable bag.--The term `reusable bag' means a bag
that has handles and is--
``(A)(i) made of cloth or other machine washable
fabric, or
``(ii) made of a durable plastic that is at least
2.25 mils thick, and
``(B) is specifically designed and manufactured for
multiple reuse.
``(e) Special Rules.--
``(1) Pass through of tax.--The tax imposed by subsection
(a) shall be passed through to the customer and shall be
separately stated on the receipt of sale provided to the
customer.
``(2) Records.--Each retailer shall keep records for
purposes of this section and section 6433. Such records shall
include the total number of single-use carryout bags purchased
and the amounts passed through to the customer for such bags
pursuant to paragraph (1).
``(3) 1st retail sale; use treated as sale.--For purposes
of this section, rules similar to the rules of subsections (a)
and (b) of section 4002 shall apply.''.
(b) Carryout Bag Recycling Program.--Subchapter B of chapter 65 of
such Code is amended by adding at the end the following new section:
``SEC. 6433. QUALIFIED SINGLE-USE CARRYOUT BAG RECYCLING PROGRAM.
``(a) Allowance of Credit.--If--
``(1) tax has been imposed under section 4056 on any
single-use carryout bag, and
``(2) a retailer provides such bag to a customer in a point
of sale transaction, and
``(3) such retailer has in effect at the time of such
transaction a qualified carryout bag recycling program,
the Secretary shall pay (without interest) to such retailer an amount
equal to the applicable amount for each such bag used by the retailer
in connection with a point of sale transaction.
``(b) Applicable Amount.--For purposes of subsection (a), the
applicable amount is--
``(1) $0.01 with respect to transaction on and after
January 1, 2010, and before January 1, 2015, and
``(2) $0.05 with respect to transaction on and after
January 1, 2015.
``(c) Qualified Single-Use Carryout Bag Recycling Program.--For
purposes of this section, the term `qualified carryout bag recycling
program' means a program under which the retailer--
``(1) to the extent the retailer provides single-use
carryout bags (as defined in section 4056) to customers--
``(A) passes through the tax imposed by section
4056 and tracks the total number of bags purchased and
amount of tax passed through pursuant to section
4056(d), and
``(B) has printed or displayed on each such bag, in
a manner visible to a customer, the words `PLEASE
RETURN TO A PARTICIPATING STORE FOR RECYCLING',
``(2) places at each place of business at which retail
operations are conducted one or more carryout bag collection
bins which are visible, easily accessible to the customer, and
clearly marked as being for the purpose of collecting and
recycling single-use carryout bags,
``(3) recycles the single-use carryout bags collected
pursuant to paragraph (2),
``(4) maintains for not less than 3 years records (which
shall be available to the Secretary) describing the collection,
transport, and recycling of single-use carryout bags collected,
and
``(5) makes available to customers within the retail
establishment reusable bags (as defined in section 4056(c)(2))
which may be purchased and used in lieu of using a single-use
carryout bag.''.
(c) Establishment of Trust Fund.--Subchapter A of chapter 98 of
such Code (relating to trust fund code) is amended by adding at the end
the following:
``SEC. 9511. SINGLE-USE CARRYOUT BAG TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Single-Use
Carryout Bag Trust Fund' (referred to in this section as the `Trust
Fund'), consisting of such amounts as may be appropriated or credited
to the Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There is hereby appropriated to the
Trust Fund an amount equivalent to the amounts received in the Treasury
pursuant to section 4056.
``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund
shall be available, as provided by appropriation Acts, for--
``(1) grants to States and localities that establish taxes
on plastic and paper bags which are similar to the taxes
imposed under section 4056, and
``(2) making payments under section 6433.
``(d) Transfer to Land and Water Conservation Fund.--
``(1) In general.--The Secretary shall pay from time to
time from the Trust Fund into the land and water conservation
fund provided for in title I of the Land and Water Conservation
Fund Act of 1965 amounts (as determined by the Secretary)
equivalent to the aggregate of the transactions on which tax is
imposed under section 4056 aggregate amounts determined on the
basis of--
``(A) $0.01 with respect to each such transaction
on and after January 1, 2010, and before January 1,
2015, and
``(B) $0.05 with respect to each such transaction
on and after January 1, 2015.
``(2) Special rule regarding amounts transferred.--Amounts
transferred to the land and water conservation fund under
paragraph (1) shall not be taken into account for purposes of
determining amounts to be appropriated or credited to the fund
under section 2(c) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-5(c)).''.
(d) Study.--Not later than December 31, 2012, the Comptroller
General of the United States shall conduct a study on the effectiveness
of the provisions of this Act at reducing the use of single-use
carryout bags and encouraging recycling of such bags. The report
shall--
(1) address measures that the Comptroller General
determines may increase the effectiveness of such provisions,
including the amount of tax imposed on each single-use carryout
bag, and
(2) evaluate whether imposing taxes on other products, such
as food wrappers and containers, could reduce the use of such
products.
The Comptroller General shall submit a report of such study to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
(e) Clerical Amendments.--
(1) The table of subchapters for chapter 31 of such Code is
amended by inserting after the item relating to adding at the
end thereof the following new item:
``Subchapter D. Single-Use Carryout Bags.''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6433. Qualified single-use carryout bag recycling program.''.
(3) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9511. Single-Use Carryout Bag Trust Fund.''.
(f) Effective Date.--The amendments made by this section shall take
effect on January 1, 2010. | Plastic Bag Reduction Act of 2009 - Amends the Internal Revenue Code to require retailers to pay an excise tax on single-use carryout bags. Allows refunds of such tax for retailers who have a program for recycling such bags.
Establishes in the Treasury the Single-Use Carryout Bag Trust Fund to hold tax revenues generated by this Act. Directs the Secretary of the Treasury to make payments from such Trust Fund into the land and water conservation fund provided for in the Land and Water Conservation Fund Act of 1965.
Directs the Comptroller General to study and report to Congress on the effectiveness of this Act in reducing the use of single-use carryout bags. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a retail tax on single-use carryout bags, and for other purposes."} | 2,188 | 148 | 0.549379 | 1.383424 | 0.637752 | 3.468254 | 15.761905 | 0.865079 |
SECTION 1. STATE IMPLEMENTATION PLANS.
(a) Submission of Plans.--Each State shall, after reasonable notice
and public hearings, adopt and submit to the Administrator of the
Environmental Protection Agency (referred to in this Act as the
``Administrator''), within one year after the enactment of this Act, a
3-year plan implementation plan to achieve each of the following:
(1) Increased recycling by at least 75 percent over the 3-
year period.
(2) Water source pollution reduction.
(3) The restriction of landfill dumping to materials that
are not recyclable or combustible.
(4) The phasing out of incineration of solid waste within 4
years and 6 months after the enactment of this Act.
(b) Procedures.--Each implementation plan submitted by a State
under this Act shall be adopted by the State after reasonable notice
and public hearing. No such plan may be implemented by the State until
approved by the Administrator under this Act. Each such plan shall--
(1) include enforceable limitations and other control
measures, means, or techniques, as well as schedules and
timetables for compliance, as may be necessary or appropriate
to meet the applicable requirements of this Act;
(2) provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to--
(A) monitor, compile, and analyze data on
compliance with this Act; and
(B) make such data available to the Administrator;
(3) include a program to provide for the enforcement of the
measures described in paragraph (1);
(4) provide for revision of such plan whenever the
Administrator finds on the basis of information available to
the Administrator that the plan is inadequate to comply with
the requirements established under this Act; and
(5) provide for consultation and participation by local
political subdivisions affected by the plan.
(c) Environmental Protection Agency Action on Plan Submissions.--
(1) Completeness of plan submissions.--
(A) Completeness criteria.--Within 6 months after
the date of the enactment of this Act, the
Administrator shall promulgate minimum criteria that
any plan submission must meet before the Administrator
is required to act on such submission under this
subsection. The criteria shall be limited to the
information necessary to enable the Administrator to
determine whether the plan submission complies with the
provisions of this Act.
(B) Completeness finding.--Within 6 months after
the Administrator's receipt of a plan or plan revision
under this Act, the Administrator shall determine
whether the plan or revision complies with this Act and
approve or reject the plan or plan revision. If the
plan is approved, the State shall begin implementation
immediately. If the plan is rejected, the Environmental
Protection Agency will inform the State why the plan
was rejected. That State then has 3 months to submit a
new plan.
(C) Effect of finding of incompleteness.--Where the
Administrator determines that any part of a plan
submission meets the requirements of this Act and
approves such part and disapproves the plan in part,
the State shall immediately implement the approved part
or parts and submit a revised plan respecting the
remaining parts within 3 months after the date of the
Administrator's disapproval.
(2) Deadline for action.--Within 12 months of a
determination by the Administrator (or a determination deemed
by operation of law) under paragraph (1) that a State has
submitted a plan or plan revision (or, in the Administrator's
discretion, part thereof) that meets the minimum criteria
established pursuant to paragraph (1), if applicable (or, if
those criteria are not applicable, within 12 months of
submission of the plan or revision), the Administrator shall
act on the submission in accordance with paragraph (3).
(3) Full and partial approval and disapproval.--In the case
of any submittal on which the Administrator is required to act
under paragraph (2), the Administrator shall approve such
submittal as a whole if it meets all of the applicable
requirements of this Act. If a portion of the plan revision
meets all the applicable requirements of this Act, the
Administrator may approve the plan revision in part and
disapprove the plan revision in part. The plan revision shall
not be treated as meeting the requirements of this Act until
the Administrator approves the entire plan revision as
complying with the applicable requirements of this Act.
(4) Conditional approval.--The Administrator may approve a
plan revision based on a commitment of the State to adopt
specific enforceable measures by a date certain, but not later
than 1 year after the date of approval of the plan revision.
Any such conditional approval shall be treated as a disapproval
if the State fails to comply with such commitment.
(5) Calls for plan revisions.--Whenever the Administrator
finds that the applicable implementation plan for any area is
substantially inadequate to comply with any requirement of this
Act, the Administrator shall require the State to revise the
plan as necessary to correct such inadequacies. The
Administrator shall notify the State of the inadequacies, and
may establish reasonable deadlines (not to exceed 6 months
after the date of such notice) for the submission of such plan
revisions. Such findings and notice shall be public.
(6) Corrections.--Whenever the Administrator determines
that the Administrator's action approving, disapproving, or
promulgating any plan or plan revision (or part thereof) was in
error, the Administrator may in the same manner as the
approval, disapproval, or promulgation revise such action as
appropriate without requiring any further submission from the
State. Such determination and the basis thereof shall be
provided to the State and public.
(d) Plan Revisions.--Each revision to an implementation plan
submitted by a State under this Act shall be adopted by such State
after reasonable notice and public hearing. The Administrator shall not
approve a revision of a plan if the revision would not comply with any
applicable requirement of this Act.
(e) Sanctions.--The Administrator may apply any of the sanctions
listed in section 2 whenever the Administrator makes a finding,
disapproval, or determination under section 2(a) in relation to any
plan.
(f) Federal Implementation Plans.--The Administrator shall
promulgate a Federal implementation plan at any time within 2 years
after the Administrator--
(1) finds that a State has failed to make a required
submission or finds that the plan or plan revision submitted by
the State does not satisfy the minimum criteria established
under this Act; or
(2) disapproves a State implementation plan submission in
whole or in part,
unless the State corrects the deficiency, and the Administrator
approves the plan or plan revision, before the Administrator
promulgates such Federal implementation plan.
SEC. 2. SANCTIONS.
(a) State Failure.--For any implementation plan or plan revision
required under this part or required in response to a finding of
substantial inadequacy as described in section 1, if the
Administrator--
(1) finds that a State has failed to submit a plan, or to
submit 1 or more of the elements (as determined by the
Administrator) required by the provisions of this Act;
(2) disapproves in whole or in part a plan submission under
section 1; and
(3) finds that any requirement of an approved plan (or
approved part of a plan) is not being implemented,
unless such deficiency has been corrected within 18 months after the
finding, disapproval, or determination referred to in paragraphs (1),
(2), and (3), the sanctions referred to in subsection (b) shall apply
until the Administrator determines that the State has come into
compliance.
(b) Sanctions.--(1) The Administrator may impose a prohibition,
applicable to a State, on the approval by the Secretary of
Transportation of any projects or the awarding by the Secretary of any
grants, under title 23, United States Code, other than projects or
grants for safety where the Secretary determines, based on accident or
other appropriate data submitted by the State, that the principal
purpose of the project is an improvement in safety to resolve a
demonstrated safety problem and likely will result in a significant
reduction in, or avoidance of, accidents. Such prohibition shall become
effective upon the selection by the Administrator of this sanction.
(2) In addition to safety, projects or grants that may be approved
by the Secretary, notwithstanding the prohibition in paragraph (1), are
the following--
(A) capital programs for public transit;
(B) construction or restriction of certain roads or lanes
solely for the use of passenger buses or high occupancy
vehicles;
(C) highway ramp metering, traffic signalization, and
related programs that improve traffic flow;
(D) fringe and transportation corridor parking facilities
serving multiple occupancy vehicle programs or transit
operations;
(E) programs to limit or restrict vehicle use in downtown
areas or other areas of emission concentration particularly
during periods of peak use, through road use charges, tolls,
parking surcharges, or other pricing mechanisms, vehicle
restricted zones or periods, or vehicle registration programs;
and
(F) programs for breakdown and accident scene management,
nonrecurring congestion, and vehicle information systems, to
reduce congestion.
SEC. 3. INCENTIVES.
(a) Grant Program.--The Administrator is authorized to make grants
to each State that phases out the incineration of solid waste prior to
the deadline established under this Act. Such grants are to be used for
the purpose of finding alternative, environmental friendly means of
sold waste disposal. The Administrator may make grants under this
subsection in the amount of--
(1) $60,000,000 to States that phase out the incineration
of solid waste within 1 year after the enactment of this Act;
(2) $40,000,000 to States that phase out the incineration
of solid waste within 2 years after the enactment of this Act;
and
(3) $25,000,000 to States that phase out the incineration
of solid waste within 3 years after the enactment of this Act
(b) Interstate Waste Authority.--On the date that a State phases
out the incineration of solid waste, such State shall have the
authority to limit or restrict the importation of solid waste in such
State. | Authorizes the Administrator to impose a prohibition on the approval by the Secretary of Transportation of certain highway projects or awarding of highway grants applicable to a State that fails to submit a plan, has a plan submission disapproved, or fails to implement a requirement of an approved plan.
Permits the Administrator to make grants to each State that phases out the incineration of solid waste prior to the deadline established under this Act. Requires such grants to be used for purposes of finding alternative, environmentally friendly means of solid waste disposal.
Grants a State the authority to limit or restrict the importation of solid waste on the date the State phases out solid waste incineration. | {"src": "billsum_train", "title": "To phase out the incineration of solid waste, and for other purposes."} | 2,152 | 146 | 0.552471 | 1.540839 | 0.556746 | 4.579365 | 16.47619 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Plain Language in Health Insurance
Act of 2009''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the effectiveness and
accountability of health insurance issuers, health plans, and Federal
health care programs by promoting clear communication that the public
can understand and use.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered document.--The term ``covered document'' means
any publicly distributed document issued by a health insurance
issuer, health plan, or Federal health care program.
(2) Plain language.--The term ``plain language'' means
language that the intended audience can readily understand and
use because that language is clear, concise, well organized,
and follows other best practices of plain language writing.
SEC. 4. RESPONSIBILITIES OF HEALTH INSURANCE ISSUERS, HEALTH PLANS, AND
FEDERAL HEALTH CARE PROGRAMS.
(a) Requirement To Use Plain Language in New Documents.--Not later
than 1 year after the date of enactment of this Act, any health
insurance issuer, health plan, and Federal health care program shall
use plain language in any covered document of the plan issued or
substantially revised.
(b) Guidance.--
(1) In general.--
(A) Development.--Not later than 6 months after the
date of enactment of this Act, the Secretary of Health
and Human Services (in this Act referred to as the
``Secretary'') shall develop guidance on implementing
the requirements of subsection (a).
(B) Issuance.--The Secretary shall issue the
guidance developed under subparagraph (A) to health
insurance issuers, health plans, and Federal health
care programs.
(2) Interim guidance.--Before the issuance of guidance
under paragraph (1), any health insurance issuer, health plan,
or Federal health care program may follow the--
(A) guidance of the writing guidelines developed by
the Plain Language Action and Information Network; or
(B) guidance provided by the head of the agency
that is consistent with the guidelines referred to
under subparagraph (A).
(c) Enforcement.--
(1) Health insurance issuers and health plans.--
(A) Corrective action plan.--If the Secretary finds
that a health insurance issuer or health plan is in
violation of subsection (a), the Secretary shall issue
an order requiring the issuer or plan to submit a
corrective action plan within 90 days for review and
approval by the Secretary.
(B) Civil penalties.--Any health insurance issuer
or health plan that violates an order under
subparagraph (A) or any provision of a corrective
action plan approved by the Secretary pursuant to
subparagraph (A) shall be liable to the United States
for a civil penalty in an amount not to exceed $10,000
for each such violation, and not to exceed $50,000 for
all such violations adjudicated in a single proceeding.
(2) Federal health care programs.--The Secretary, in
consultation with other appropriate Federal departments and
agencies, shall establish mechanisms to ensure that Federal
health care programs meet the requirements of subsection (a).
SEC. 5. REPORTS TO CONGRESS.
(a) Initial Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report that describes how the agency intends
to meet the following objectives:
(1) Communicating the requirements of this Act to health
insurance issuers, health plans, and Federal health care
programs.
(2) Training Federal health care program employees to write
in plain language.
(3) Meeting the requirement under section 4(a).
(4) Ensuring ongoing compliance with the requirements of
this Act.
(5) Enforcing the requirements of this Act pursuant to
section 4(c).
(6) Designating a senior official to be responsible for
implementing the requirements of this Act.
(b) Annual and Other Reports.--The Secretary shall submit reports
on compliance with this Act to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate--
(1) annually for the first 2 years after the date of
enactment of this Act; and
(2) once every 3 years thereafter. | Plain Language in Health Insurance Act of 2009 - Requires any health insurance issuer, health plan, and federal health care program to use plain language in any publicly distributed document.
Requires the Secretary of Health and Human Services to issue guidance on implementing such requirements. | {"src": "billsum_train", "title": "To enhance citizen awareness of insurance information and services by establishing that insurance documents issued to the public must be written clearly, and for other purposes."} | 984 | 59 | 0.596496 | 1.445144 | 1.361233 | 4.62 | 18.02 | 0.94 |
SECTION 1. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST BIOMASS FOR
ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS,
PETROLEUM-BASED PRODUCT SUBSTITUTES, AND OTHER COMMERCIAL
PURPOSES.
(a) Findings.--Congress finds the following:
(1) Thousands of communities in the United States, many
located near Federal lands, are at risk to wildfire.
Approximately 190,000,000 acres of land managed by the
Secretary of Agriculture and the Secretary of the Interior are
at risk of catastrophic fire in the near future. The
accumulation of heavy forest fuel loads continues to increase
as a result of disease, insect infestations, and drought,
further raising the risk of fire each year.
(2) In addition, more than 70,000,000 acres across all land
ownerships are at risk to higher than normal mortality over the
next 15 years from insect infestation and disease. High levels
of tree mortality from insects and disease result in increased
fire risk, loss of old growth, degraded watershed conditions,
and changes in species diversity and productivity, as well as
diminished fish and wildlife habitat and decreased timber
values.
(3) Preventive treatments such as removing fuel loading,
ladder fuels, and hazard trees, planting proper species mix and
restoring and protecting early successional habitat, and other
specific restoration treatments designed to reduce the
susceptibility of forest land, woodland, and rangeland to
insect outbreaks, disease, and catastrophic fire present the
greatest opportunity for long-term forest health by creating a
mosaic of species-mix and age distribution. Such prevention
treatments are widely acknowledged to be more successful and
cost effective than suppression treatments in the case of
insects, disease, and fire.
(4) The by-products of preventive treatment (wood, brush,
thinnings, chips, slash, and other hazardous fuels) removed
from forest lands, woodlands and rangelands represent an
abundant supply of biomass for biomass-to-energy facilities and
raw material for business. There are currently few markets for
the extraordinary volumes of by-products being generated as a
result of the necessary large-scale preventive treatment
activities.
(5) The United States should--
(A) promote economic and entrepreneurial
opportunities in using by-products removed through
preventive treatment activities related to hazardous
fuels reduction, disease, and insect infestation; and
(B) develop and expand markets for traditionally
underused wood and biomass as an outlet for by-products
of preventive treatment activities.
(b) Definitions.--In this section:
(1) Biomass.--The term ``biomass'' means trees and woody
plants, including limbs, tops, needles, and other woody parts,
and by-products of preventive treatment, such as wood, brush,
thinnings, chips, and slash, that are removed--
(A) to reduce hazardous fuels; or
(B) to reduce the risk of or to contain disease or
insect infestation.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(3) Person.--The term ``person'' includes--
(A) an individual;
(B) a community (as determined by the Secretary
concerned);
(C) an Indian tribe;
(D) a small business, micro-business, or a
corporation that is incorporated in the United States;
and
(E) a nonprofit organization.
(4) Preferred community.--The term ``preferred community''
means--
(A) any town, township, municipality, or other
similar unit of local government (as determined by the
Secretary concerned) that--
(i) has a population of not more than
50,000 individuals; and
(ii) the Secretary concerned, in the sole
discretion of the Secretary concerned,
determines contains or is located near land,
the condition of which is at significant risk
of catastrophic wildfire, disease, or insect
infestation or which suffers from disease or
insect infestation; or
(B) any county that--
(i) is not contained within a metropolitan
statistical area; and
(ii) the Secretary concerned, in the sole
discretion of the Secretary concerned,
determines contains or is located near land,
the condition of which is at significant risk
of catastrophic wildfire, disease, or insect
infestation or which suffers from disease or
insect infestation.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture with respect to
National Forest System lands; and
(B) the Secretary of the Interior with respect to
Federal lands under the jurisdiction of the Secretary
of the Interior and Indian lands.
(c) Biomass Commercial Use Grant Program.--
(1) In general.--The Secretary concerned may make grants to
any person that owns or operates a facility that uses biomass
as a raw material to produce electric energy, sensible heat,
transportation fuels, or substitutes for petroleum-based
products to offset the costs incurred to purchase biomass for
use by such facility.
(2) Grant amounts.--A grant under this subsection may not
exceed $20 per green ton of biomass delivered.
(3) Monitoring of grant recipient activities.--As a
condition of a grant under this subsection, the grant recipient
shall keep such records as the Secretary concerned may require
to fully and correctly disclose the use of the grant funds and
all transactions involved in the purchase of biomass. Upon
notice by a representative of the Secretary concerned, the
grant recipient shall afford the representative reasonable
access to the facility that purchases or uses biomass and an
opportunity to examine the inventory and records of the
facility.
(d) Improved Biomass Use Grant Program.--
(1) In general.--The Secretary concerned may make grants to
persons to offset the cost of projects to develop or research
opportunities to improve the use of, or add value to, biomass.
In making such grants, the Secretary concerned shall give
preference to persons in preferred communities.
(2) Selection.--The Secretary concerned shall select a
grant recipient under paragraph (1) after giving consideration
to the anticipated public benefits of the project, including
the potential to develop thermal or electric energy resources
or affordable energy, opportunities for the creation or
expansion of small businesses and micro-businesses, and the
potential for new job creation.
(3) Grant amount.--A grant under this subsection may not
exceed $100,000.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 for each of the fiscal years 2004 through 2014
to carry out this section.
(f) Report.--Not later than October 1, 2010, the Secretary of
Agriculture, in consultation with the Secretary of the Interior, shall
submit to the Committee on Energy and Natural Resources and the
Committee on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Resources and the Committee on Agriculture of the House of
Representatives a report describing the results of the grant programs
authorized by this section. The report shall include the following:
(1) An identification of the size, type, and the use of
biomass by persons that receive grants under this section.
(2) The distance between the land from which the biomass
was removed and the facility that used the biomass.
(3) The economic impacts, particularly new job creation,
resulting from the grants to and operation of the eligible
operations. | Authorizes the Secretary of Agriculture and the Secretary of the Interior to make grants: (1) to improve the commercial value of forest biomass to produce electric energy, sensible heat, transportation fuels, or substitutes for petroleum-based products; and (2) to develop or research opportunities to improve the use of, or add value to, biomass, with preference given to preferred communities (as defined by this Act). | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior and the Secretary of Agriculture to make grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, petroleum-based product substitutes, and other commercial purposes."} | 1,596 | 82 | 0.48903 | 1.322248 | 0.291304 | 6.135802 | 18.691358 | 0.975309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Insurance Coverage of
Childhood Immunization Act of 2007''.
SEC. 2. COMPREHENSIVE COVERAGE FOR CHILDHOOD IMMUNIZATION BY GROUP
HEALTH PLANS AND HEALTH INSURANCE ISSUERS.
(a) Group Health Plans.--
(1) Public health service act amendments.--Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, shall provide for each
plan year comprehensive coverage for routine immunizations for each
individual who is a dependent of a participant or beneficiary under the
plan and is under 19 years of age.
``(b) Comprehensive Coverage.--For purposes of this section,
comprehensive coverage for routine immunizations for a plan year
consists of coverage, without deductibles, coinsurance, or other cost-
sharing, for immunizations (including the vaccine itself) in accordance
with the most recent version of the Recommended Childhood Immunization
Schedule issued prior to such plan year by the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention.''.
(2) ERISA amendments.--
(A) In general.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974 is amended by adding at the end the
following new section:
``SEC. 714. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, shall provide for each
plan year comprehensive coverage for routine immunizations for each
individual who is a dependent of a participant or beneficiary under the
plan and is under 19 years of age.
``(b) Comprehensive Coverage.--For purposes of this section,
comprehensive coverage for routine immunizations for a plan year
consists of coverage, without deductibles, coinsurance, or other cost-
sharing, for immunizations (including the vaccine itself) in accordance
with the most recent version of the Recommended Childhood Immunization
Schedule issued prior to such plan year by the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention.''.
(B) Clerical amendment.--The table of contents in
section 1 of such Act is amended by inserting after the
item relating to section 713 the following new item:
``714. Standard relating to coverage of childhood immunization.''.
(b) Individual Health Insurance.--Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.
``The provisions of section 2707 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
SEC. 3. COORDINATION OF ADMINISTRATION.
The Secretary of Health and Human Services and the Secretary of
Labor shall ensure, through the execution of an interagency memorandum
of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which both
such Secretaries have responsibility under the provisions of
this Act (and the amendments made thereby) are administered so
as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement.
SEC. 4. EFFECTIVE DATES.
(a) Group Health Plans and Group Health Insurance Coverage.--
Subject to subsection (c), the amendments made by section 2(a) apply
with respect to group health plans for plan years beginning on or after
January 1, 2008.
(b) Individual Health Insurance Coverage.--The amendment made by
section 2(b) applies with respect to health insurance coverage offered,
sold, issued, renewed, in effect, or operated in the individual market
on or after such date.
(c) Collective Bargaining Exception.--In the case of a group health
plan maintained pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more employers ratified
before the date of enactment of this Act, the amendments made by
section 2(a) shall not apply to plan years beginning before the later
of--
(1) the earliest date as of which all such collective
bargaining agreements relating to the plan have terminated
(determined without regard to any extension thereof agreed to
after the date of enactment of this Act), or
(2) January 1, 2008.
For purposes of paragraph (1), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by section 2(a) shall
not be treated as a termination of such collective bargaining
agreement. | Comprehensive Insurance Coverage of Childhood Immunization Act of 2007 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan and a health insurance issuer offering group health insurance coverage to provide comprehensive coverage for routine immunizations for each individual under 19 years of age who is a dependent of a participant or beneficiary under the plan. Requires coverage of routine immunizations without deductibles, coinsurance, or other cost-sharing in accordance with the most recent version of the Recommended Childhood Immunization Schedule issued by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention (CDC).
Applies such requirement to coverage offered in the individual market.
Requires the Secretary of Health and Human Services and the Secretary of Labor to ensure that: (1) such requirement has the same effect at all times; and (2) such Secretaries have a coordinated enforcement strategy. | {"src": "billsum_train", "title": "To amend title XXVII of the Public Health Service Act and title I of the Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide comprehensive coverage for childhood immunization."} | 1,228 | 206 | 0.729558 | 1.80161 | 0.857498 | 5.137143 | 5.908571 | 0.954286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Fair Share Tax Act''.
SEC. 2. LIMITATION ON INTEREST DEDUCTION FOR EXCESSIVE INTEREST OF
MEMBERS OF FINANCIAL REPORTING GROUPS.
(a) In General.--Section 163 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following:
``(n) Limitation on Excessive Interest of Members of Financial
Reporting Groups.--
``(1) Limitation.--
``(A) In general.--If this subsection applies to
any corporation for any taxable year, no deduction
shall be allowed under this chapter for the taxable
year for interest expense to the extent that such
expense exceeds the sum of--
``(i) the amount of interest on
indebtedness of the corporation includible in
the corporation's gross income for the taxable
year, plus
``(ii) the corporation's proportionate
share of the financial reporting group's net
interest expense for the taxable year computed
under United States income tax principles.
``(B) Proportionate share of net interest
expense.--For purposes of subparagraph (A)(ii)--
``(i) In general.--A corporation's
proportionate share of the financial reporting
group's net interest expense means the amount
equal to the percentage of the group's net
interest expense which bears the same
percentage as the corporation's earnings bears
to the group's earnings.
``(ii) Earnings.--For purposes of clause
(i), earnings shall be the sum of net earnings
plus net interest expense, taxes, depreciation,
and amortization.
``(iii) Determinations relating to
earnings.--For purposes of clause (ii),
earnings, net interest expense, taxes,
depreciation, and amortization with respect to
a financial reporting group shall be as
reflected on the financial reporting group's
financial statements for the taxable year
ending in the taxable year of the corporation.
``(C) Alternative determination.--In lieu of the
limitation in subparagraph (A), if--
``(i) a corporation fails to substantiate
the corporation's proportionate share of the
financial reporting group's net interest
expense for a taxable year, or
``(ii) a corporation so elects,
no deduction shall be allowed under this chapter for
the taxable year for interest expense to the extent
that such expense exceeds 10 percent of the
corporation's adjusted taxable income (as defined under
subsection (j)(6)(A)).
``(2) Corporations to which subsection applies.--
``(A) In general.--This subsection shall apply to
any corporation for any taxable year if the corporation
is a member of a financial reporting group.
``(B) Certain corporations not included.--This
subsection shall not apply to any corporation which--
``(i) is a corporation predominantly
engaged in the active conduct of a banking,
financing, or similar business, or
``(ii) has less than $5,000,000 of net
interest expense for the taxable year.
``(C) Financial reporting group.--For purposes of
subparagraph (A), the term `financial reporting group'
means a group that prepares consolidated financial
statements in accordance with United States generally
accepted accounting principles, international financial
reporting standards, or other method authorized by the
Secretary of the Treasury under regulations. Such term
shall not include any corporation described in
subparagraph (B)(i).
``(D) Subgroups.--For purposes of this subsection,
all members of an expanded affiliated group (as defined
in section 7874(c)(1)) shall be treated as 1
corporation.
``(3) Net interest expense.--The term `net interest
expense' has the meaning given such term by subsection
(j)(6)(B).
``(4) Carryforward.--
``(A) Disallowed interest.--Any amount disallowed
under subparagraph (A) or (C) for any taxable year
shall be treated as an interest expense in the next
taxable year, and such amount shall not be taken into
account for purposes of applying subsection
(j)(2)(A)(ii) for such taxable year.
``(B) Excess limitation.--The excess (if any) of
the sum determined under paragraph (1)(A) (i) and (ii)
for a taxable year over the amount of interest expense
deducted under this subsection for the taxable year
shall be added to the limitation determined under
paragraph (1) for the next taxable year (determined
without regard to this subparagraph). No excess
limitation may be carried to more than 3 taxable years.
``(5) Election.--The election under paragraph (1)(C)(ii)
shall be made at such time and in such manner as the Secretary
may prescribe by regulations.
``(6) Regulations.--The Secretary shall prescribe such
regulations and other guidance as may be necessary to carry out
the purposes of this subsection, including regulations to--
``(A) coordinate the application of this subsection
with other interest deductibility rules,
``(B) define financial services entities,
``(C) permit financial reporting groups to compute
the group's non-United States net interest expense
without making certain adjustments required under
United States income tax principles,
``(D) provide for the treatment of pass-through
entities, and
``(E) allow the use of financial statements
prepared under other countries' generally accepted
accounting principles in appropriate circumstances
where a financial reporting group does not prepare
financial statements under United States generally
accepted accounting principles or international
financial reporting standards.''.
(b) Coordination With 163(j).--Section 163(j)(2)(A) of the Internal
Revenue Code of 1986 is amended by adding at the end the following
flush sentence: ``This subsection shall not apply to any corporation
which is a member of a financial reporting group to which subsection
(n) applies.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014. | Corporate Fair Share Tax Act - Amends the Internal Revenue Code to limit the tax deduction of the interest expense of a U.S. corporation that is a member of a financial reporting group (a group that prepares consolidated financial statements according to accepted accounting principles or international financial reporting standards) to: (1) the amount of interest on indebtedness of the corporation includible in the corporation's gross income for the taxable year plus its proportionate share of the group's net interest expense in the taxable year; or (2) 10% of the corporation's adjusted taxable income, if the corporation fails to substantiate its proportionate share of interest expense. Exempts a corporation that is predominantly engaged in the active conduct of a banking, financing, or similar business or that has less than $5 million of net interest expense for the taxable year. | {"src": "billsum_train", "title": "Corporate Fair Share Tax Act"} | 1,394 | 186 | 0.62651 | 1.551582 | 0.791486 | 4.006369 | 7.802548 | 0.936306 |
SECTION 1. RECEIPTS OF THE 4.3-CENT FUEL TAX RATE INCREASE DEPOSITED IN
THE HIGHWAY TRUST FUND; ESTABLISHMENT OF INTERCITY
PASSENGER RAIL ACCOUNT.
(a) In General.--Section 9503(f) of the Internal Revenue Code of
1986 (defining Highway Trust Fund financing rate) is amended--
(1) in paragraph (1)(A), by striking ``11.5 cents per
gallon (14 cents per gallon after September 30, 1995)'' and
inserting ``18.3 cents per gallon''; and
(2) in paragraph (1)(B), by striking ``17.5 cents per
gallon (20 cents per gallon after September 30, 1995)'' and
inserting ``24.3 cents per gallon''.
(b) Conforming Amendments.--
(1) Section 9503(f)(2) of such Code is amended--
(A) in subparagraph (B), by striking ``3 cents''
and inserting ``7.3 cents'';
(B) in subparagraph (C), by striking ``zero'' and
inserting ``4.3 cents per gallon'';
(C) in subparagraph (D), by striking ``zero'' and
inserting ``48.54 cents per MCF (determined at standard
temperature and pressure)'';
(D) in subparagraph (E), by striking ``11.5 cents''
and inserting ``15.8 cents''; and
(E) in subparagraph (E), by striking ``17.5 cents''
and inserting ``21.8 cents''.
(2) Section 9503(f)(3)(A) of such Code is amended to read
as follows:
``(A) In general.--If the rate of tax on any fuel
is determined under section 4041(b)(2)(A), 4041(k), or
4081(c), the Highway Trust Fund financing rate is the
rate so determined after September 30, 1997. In the
case of a rate of tax determined under section 4081(c),
the preceding sentence shall be applied by increasing
the rate specified by 0.1 cent.''
(3) Section 9503(f)(3)(C) of such Code is amended to read
as follows:
``(C) Partially exempt methanol or ethanol fuel.--
In the case of a rate of tax determined under section
4041(m), the Highway Trust Fund financing rate is the
rate so determined after September 30, 1995.''
(4) Section 9503(f)(4) of such Code is amended by striking
``zero'' and inserting ``4.3 cents per gallon''.
(c) Establishment of Intercity Passenger Rail Account.--Section
9503 of the Internal Revenue Code of 1986 (relating to Highway Trust
Fund) is amended by adding at the end the following:
``(g) Establishment of Intercity Passenger Rail Account.--
``(1) Creation of account.--There is established in the
Highway Trust Fund a separate account to be known as the
`Intercity Passenger Rail Account', consisting of such amounts
as may be transferred or credited to the Intercity Passenger
Rail Account as provided in this subsection or section 9602(b).
``(2) Transfers to intercity passenger rail account.--
``(A) In general.--The Secretary of the Treasury
shall transfer to the Intercity Passenger Rail Account
the intercity passenger rail portion of the amounts
appropriated to the Highway Trust Fund under subsection
(b) which are attributable to taxes under sections 4041
and 4081 imposed after September 30, 1997, and before
October 1, 2003.
``(B) Intercity passenger rail portion.--For
purposes of subparagraph (A), the term `intercity
passenger rail portion' means an amount determined at
the rate of 0.5 cent for each gallon with respect to
which tax was imposed under section 4041 or 4081.
``(3) Expenditures from account.--
``(A) In general.--Amounts in the Intercity
Passenger Rail Account shall be available without
fiscal year limitation to finance qualified expenses
of--
``(i) the National Railroad Passenger
Corporation, and
``(ii) each non-Amtrak State, to the extent
determined under subparagraph (B).
``(B) Maximum amount of funds to non-amtrak
states.--Each non-Amtrak State shall receive under this
paragraph an amount equal to the lesser of--
``(i) the State's qualified expenses for
the fiscal year, or
``(ii) the product of--
``(I) \1/12\ of 1 percent of the
lesser of--
``(aa) the aggregate
amounts transferred and
credited to the Intercity
Passenger Rail Account under
paragraph (1) for such fiscal
year, or
``(bb) the aggregate
amounts appropriated from the
Intercity Passenger Rail
Account for such fiscal year,
and
``(II) the number of months such
State is a non-Amtrak State in such
fiscal year.
If the amount determined under clause (ii) exceeds the
amount under clause (i) for any fiscal year, the amount
under clause (ii) for the following fiscal year shall
be increased by the amount of such excess.
``(4) Definitions.--For purposes of this subsection--
``(A) Qualified expenses.--The term `qualified
expenses' means expenses incurred, with respect to
obligations made, after September 30, 1997, and before
October 1, 2003--
``(i) for--
``(I) in the case of the National
Railroad Passenger Corporation, the
acquisition of equipment,
rolling stock, and other capital improvements, the upgrading of
maintenance facilities, and the maintenance of existing equipment, in
intercity passenger rail service, and the payment of interest and
principal on obligations incurred for such acquisition, upgrading, and
maintenance, and
``(II) in the case of a non-Amtrak
State, the acquisition of equipment,
rolling stock, and other capital
improvements, the upgrading of
maintenance facilities, and the
maintenance of existing equipment, in
intercity passenger rail or bus
service, and the payment of interest
and principal on obligations incurred
for such acquisition, upgrading, and
maintenance, and
``(ii) certified by the Secretary of
Transportation on October 1 as meeting the
requirements of clause (i) and as qualified for
payment under paragraph (5) for the fiscal year
beginning on such date.
``(B) Non-amtrak state.--The term `non-Amtrak
State' means any State which does not receive intercity
passenger rail service from the National Railroad
Passenger Corporation.
``(5) Contract authority.--Notwithstanding any other
provision of law, the Secretary of Transportation shall certify
expenses as qualified for a fiscal year on October 1 of such
year, in an amount not to exceed the amount of receipts
estimated by the Secretary of the Treasury to be transferred to
the Intercity Passenger Rail Account for such fiscal year. Such
certification shall result in a contractual obligation of the
United States for the payment of such expenses.
``(6) Tax treatment of account expenditures.--With respect
to any payment of qualified expenses from the Intercity
Passenger Rail Account during any taxable year to a taxpayer--
``(A) such payment shall not be included in the
gross income of the taxpayer for such taxable year,
``(B) no deduction shall be allowed to the taxpayer
with respect to any amount paid or incurred which is
attributable to such payment, and
``(C) the basis of any property shall be reduced by
the portion of the cost of such property which is
attributable to such payment.
``(7) Termination.--The Secretary shall determine and
retain, not later than October 1, 2003, the amount in the
Intercity Passenger Rail Account necessary to pay any
outstanding qualified expenses, and shall transfer any amount
not so retained to the Highway Trust Fund.''
(d) Effective Dates.--
(1) Transfer of taxes.--The amendments made by subsections
(a) and (b) apply to fuel removed after September 30, 1997.
(2) Account.--The amendment made by subsection (c) applies
with respect to taxes imposed on and after October 1, 1997. | Amends the Internal Revenue Code to increase the Highway Trust Fund financing rate for gasoline, special motor fuels, and diesel fuel.
Establishes in the Highway Trust Fund the Intercity Passenger Rail Account. Transfers to the Account certain portions of the amounts attributable to taxes imposed between specified dates under provisions relating to gasoline, diesel fuel, special motor fuels, compressed natural gas, methanol and ethanol fuel, and nongasoline noncommercial aviation fuels. Makes amounts in the Account available to finance qualified expenses of the National Railroad Passenger Corporation and each non-Amtrak State. Excludes Account payments from the gross income of payment recipients, disallows a deduction to the recipient, and reduces the basis of any property by the portion attributable to the payment. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to deposit in the Highway Trust Fund the receipts of the 4.3-cent increase in the fuel tax rates enacted by the Omnibus Budget Reconciliation Act of 1993, and for other purposes."} | 1,846 | 172 | 0.417829 | 1.177171 | 0.757499 | 2 | 11.8 | 0.757143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Jobs Act of 2010''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) One-third of minority youth are unemployed.
(2) The labor force participation rate for persons without
a high school diploma is 20 percentage points lower than the
labor force participation rate for high school graduates.
(3) Nationally, approximately 70 percent of all students
graduate from high school, but African-American and Hispanic
students have a 55 percent or less chance of graduating from
high school.
(4) High school dropouts from the class of 2004 will cost
the Nation more than $325 billion in lost wages, taxes, and
productivity over their lifetimes.
(5) Only 52 percent of students in the 50 largest cities in
the United States graduate from high school. That rate is below
the national high school graduation rate of 70 percent, and
also falls short of the 60 percent average for urban districts
across the Nation.
(6) Over his or her lifetime, a high school dropout earns,
on average, about $260,000 less than a high school graduate,
and about $1 million less than a college graduate.
(7) Approximately 75 percent of State prison inmates and 59
percent of Federal prison inmates have not completed high
school. Increasing the high school completion rate by 1 percent
for all men ages 20 to 60 would save the United States $1.4
billion annually in reduced costs associated with crime.
(8) According to a recent study, a 10 percent increase in
the male high school graduation rate would reduce arrest rates
for murder and assault by about 20 percent, motor vehicle theft
by 13 percent, and arson by 8 percent.
(9) The National Urban League is a historic civil rights
organization dedicated to economic empowerment in order to
elevate the standard of living in historically underserved
urban communities. Founded in 1910 and headquartered in New
York City, the National Urban League spearheads the efforts of
its local affiliates through the development of programs,
public policy research, and advocacy.
(10) There are more than 100 local affiliates of the
National Urban League located in 36 States and the District of
Columbia, providing direct services that impact and improve the
lives of more than 2 million people nationwide. Local National
Urban League affiliates operate programs that focus on
education, job training and placement, housing, business
development, and many other important initiatives.
(11) The National Urban League has a history of success in
implementing national programs through its local affiliate
network. From 2007 to 2010, 27 local National Urban League
affiliates served at-risk young adults by providing job skills
training, community service opportunities, and employment for
over 3,500 young adults ages 18 to 24.
(b) Purpose.--It is the purpose of this Act to provide adequate
resources for the National Urban League (acting through local National
Urban League affiliates) to reduce the disproportionate incarceration
of minority youth and to prepare eligible young adults for entry into
the world of work by providing a comprehensive set of services that
includes job training, education, and support services.
SEC. 3. URBAN JOBS PROGRAM.
(a) In General.--Subtitle D of title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2911 et seq.) is amended--
(1) by redesignating section 174 as section 175;
(2) in section 173, by striking ``174'' each place it
appears and inserting ``175''; and
(3) by inserting after section 173A the following:
``SEC. 174. URBAN JOBS PROGRAM.
``(a) Program Authorized.--
``(1) In general.--The Secretary of Labor may make grants
to the National Urban League for the purpose of operating an
Urban Jobs Program through local National Urban League
affiliates.
``(2) Use of funds.--Funds from a grant made under
paragraph (1) shall be used by the National Urban League to
provide a comprehensive set of services and activities for
eligible young adults, to be implemented by local National
Urban League affiliates. Services and activities eligible for
assistance include the following:
``(A) Case management services to help program
participants effectively use the activities and
services offered under the program.
``(B) Educational offerings, including skill
assessment, reading and math remediation, educational
enrichment, General Education Development credential
preparation, and post-secondary education.
``(C) Employment and job readiness activities,
including mentoring, placement in community service
opportunities, internships, on-the-job training,
occupational skills training, job placement in
unsubsidized jobs, and personal development.
``(D) Support services, including health and
nutrition referral, housing assistance, training in
interpersonal and basic living skills, transportation,
child care, clothing, and other assistance as needed.
``(3) Report.--
``(A) In general.--Not later than May 1 of each
fiscal year for which amounts are made available to
carry out this section, the Secretary shall submit to
Congress a report regarding--
``(i) the progress made under this section
by the National Urban League and local National
Urban League affiliates in implementing the
program; and
``(ii) the effectiveness of the program in
improving General Educational Development
credential attainment and job placement in
unsubsidized jobs for program participants.
``(B) Inapplicability of section 172.--The program
shall not be subject to evaluations required under
section 172.
``(b) National Jobs Council Advisory Committee.--
``(1) Establishment.--The Secretary shall establish a
committee to be known as the National Jobs Council Advisory
Committee.
``(2) Duties.--The committee shall advise the Secretary
concerning--
``(A) the design and operation of the program;
``(B) long-term strategic priorities for the
program; and
``(C) the formulation and application of guidelines
related to activities carried out under the program.
``(3) Membership.--The committee shall be comprised of 11
members, to be appointed by the Secretary as follows:
``(A) 3 individuals from the private sector who are
senior human resources or diversity executives with
national or regional responsibilities and experience in
oversight that includes hiring, employee training, or
employee relations.
``(B) 5 representatives of employers in high-
impact, high-growth industries, as defined by the
Secretary.
``(C) 1 National Urban League Workforce Development
staff member.
``(D) 2 representatives from the Department of
Labor.
``(c) Sense of Congress Regarding Local Advisory Committees.--It is
the sense of Congress that a local National Urban League affiliate
receiving funding under this section should establish a local jobs
council advisory committee, the membership of which should include
representatives from not fewer than 5 employers from high-growth
industries in the locality, to aid in establishing support from the
local community for and guiding the local implementation of the
program.
``(d) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section--
``(A) $20,000,000 for fiscal year 2011;
``(B) $30,000,000 for fiscal year 2012;
``(C) $40,000,000 for fiscal year 2013;
``(D) $50,000,000 for fiscal year 2014; and
``(E) $60,000,000 for fiscal year 2015.
``(2) Limitation.--Not more than 2 percent of funds
appropriated for any fiscal year under paragraph (1) may be
used for expenses associated with carrying out the requirements
of subsection (b).
``(e) Definitions.--In this section:
``(1) Eligible young adults.--The term `eligible young
adults' means individuals ages 18 to 24 who--
``(A) are not enrolled in secondary or post-
secondary school; or
``(B) are or have been subject to any stage of the
criminal justice process.
``(2) Program.--The term `program' means the Urban Jobs
Program established under subsection (a).
``(3) Unsubsidized job.--The term `unsubsidized job' means
employment for which the wages are provided by an employer that
does not receive public funds for the creation and maintenance
of the employment position.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of such Act is amended--
(1) by inserting a period at the end of the item relating
to section 173A; and
(2) by striking the item relating to section 174 and
inserting the following:
``Sec. 174. Urban jobs program.
``Sec. 175. Authorization of appropriations.''. | Urban Jobs Act of 2010 - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to make grants to the National Urban League to operate, through local affiliates, an Urban Jobs Program to provide job training, education, and support services and activities for eligible young adults to prepare them for entry into the workforce.
Defines "eligible young adults" as individuals ages 18 to 24 who: (1) are not enrolled in secondary or post-secondary school; or (2) are or have been subject to the criminal justice process.
Directs the Secretary to establish a National Jobs Council Advisory Committee.
Expresses the sense of Congress that National Urban League affiliates should establish local jobs council advisory committees to aid in establishing local community support for local implementation of the program. | {"src": "billsum_train", "title": "To amend the Workforce Investment Act of 1998 to authorize the Secretary of Labor to provide grants to the National Urban League for an Urban Jobs Program, and for other purposes."} | 1,896 | 166 | 0.464989 | 1.414904 | 0.824546 | 3.230263 | 12.059211 | 0.940789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Co-Prescribing to Reduce Overdoses
Act of 2016''.
SEC. 2. OPIOID OVERDOSE REVERSAL DRUGS PRESCRIBING GRANT PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Health and Human
Services may establish, in accordance with this section, a 5-
year opioid overdose reversal drugs prescribing grant program
(in this Act referred to as the ``grant program'').
(2) Maximum grant amount.--A grant made under this section
may not be for more than $200,000 per grant year.
(3) Eligible entity.--For purposes of this section, the
term ``eligible entity'' means a federally qualified health
center (as defined in section 1861(aa) of the Social Security
Act (42 U.S.C. 1395x(aa)), an opioid treatment program under
part 8 of title 42, Code of Federal Regulations, any
practitioner dispensing narcotic drugs pursuant to section
303(g) of the Controlled Substances Act (21 U.S.C. 823(g)), or
any other entity that the Secretary deems appropriate.
(4) Prescribing.--For purposes of this section and section
3, the term ``prescribing'' means, with respect to an opioid
overdose reversal drug, such as naloxone, the practice of
prescribing such drug--
(A) in conjunction with an opioid prescription for
patients at an elevated risk of overdose;
(B) in conjunction with an opioid agonist approved
under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) for the treatment of
opioid abuse disorder;
(C) to the caregiver or a close relative of
patients at an elevated risk of overdose from opioids;
or
(D) in other circumstances, as identified by the
Secretary, in which a provider identifies a patient is
at an elevated risk for an intentional or unintentional
drug overdose from heroin or prescription opioid
therapies.
(b) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary of Health and
Human Services, in such form and manner as specified by the Secretary,
an application that describes--
(1) the extent to which the area to which the entity will
furnish services through use of the grant is experiencing
significant morbidity and mortality caused by opioid abuse;
(2) the criteria that will be used to identify eligible
patients to participate in such program; and
(3) how such program will work to try to identify State,
local, or private funding to continue the program after
expiration of the grant.
(c) Use of Funds.--An eligible entity receiving a grant under this
section may use the grant for any of the following activities, but may
use not more than 20 percent of the grant funds for activities
described in paragraphs (4) and (5):
(1) To establish a program for prescribing opioid overdose
reversal drugs, such as naloxone.
(2) To train and provide resources for health care
providers and pharmacists on the prescribing of opioid overdose
reversal drugs, such as naloxone.
(3) To establish mechanisms and processes for tracking
patients participating in the program described in paragraph
(1) and the health outcomes of such patients.
(4) To purchase opioid overdose reversal drugs, such as
naloxone, for distribution under the program described in
paragraph (1).
(5) To offset the co-pays and other cost sharing associated
with opioid overdose reversal drugs, such as naloxone, to
ensure that cost is not a limiting factor for eligible
patients.
(6) To conduct community outreach, in conjunction with
community-based organizations, designed to raise awareness of
prescribing practices, and the availability of opioid overdose
reversal drugs, such as naloxone.
(7) To establish protocols to connect patients who have
experienced a drug overdose with appropriate treatment,
including medication assisted treatment and appropriate
counseling and behavioral therapies.
(d) Evaluations by Recipients.--As a condition of receipt of a
grant under this section, an eligible entity shall, for each year for
which the grant is received, submit to the Secretary of Health and
Human Services information on appropriate outcome measures specified by
the Secretary to assess the outcomes of the program funded by the
grant, including--
(1) the number of prescribers trained;
(2) the number of prescribers who have co-prescribed an
opioid overdose reversal drug, such as naloxone, to at least
one patient;
(3) the total number of prescriptions written for opioid
overdose reversal drugs, such as naloxone;
(4) the percentage of patients at elevated risk who
received a prescription for an opioid overdose reversal drug,
such as naloxone;
(5) the number of patients reporting use of an opioid
overdose reversal drug, such as naloxone; and
(6) any other outcome measures that the Secretary deems
appropriate.
(e) Reports by Secretary.--For each year of the grant program under
this section, the Secretary of Health and Human Services shall submit
to the appropriate committees of the House of Representatives and of
the Senate a report aggregating the information received from the grant
recipients for such year under subsection (d) and evaluating the
outcomes achieved by the programs funded by grants made under this
section.
SEC. 3. PROVIDING INFORMATION TO PRESCRIBERS IN CERTAIN FEDERAL HEALTH
CARE AND MEDICAL FACILITIES ON BEST PRACTICES FOR
PRESCRIBING OPIOID OVERDOSE REVERSAL DRUGS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') may, as appropriate,
provide information to prescribers within federally qualified health
centers (as defined in paragraph (4) of section 1861(aa) of the Social
Security Act (42 U.S.C. 1395x(aa))), and the health care facilities of
the Indian Health Service, on best practices for prescribing opioid
overdose reversal drugs, such as naloxone, for patients receiving
chronic opioid therapy, patients being treated for opioid use
disorders, and other patients that a provider identifies as having an
elevated risk of overdose from heroin or prescription opioid therapies.
(b) Not Establishing a Medical Standard of Care.--The information
on best practices provided under this section shall not be construed as
constituting or establishing a medical standard of care for prescribing
opioid overdose reversal drugs, such as naloxone, for patients
described in subsection (a).
(c) Elevated Risk of Overdose Defined.--In this section, the term
``elevated risk of overdose'' has the meaning given such term by the
Secretary, which--
(1) may be based on the criteria provided in the Opioid
Overdose Toolkit published by the Substance Abuse and Mental
Health Services Administration (SAMHSA); and
(2) may include patients on a first course opioid
treatment, patients using extended-release and long-acting
opioid analgesics, and patients with a respiratory disease or
other co-morbidities.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$5,000,000 for the period of fiscal years 2017 through 2021.
SEC. 5. CUT-GO COMPLIANCE.
Subsection (f) of section 319D of the Public Health Service Act (42
U.S.C. 247d-4) is amended by inserting before the period at the end the
following: ``(except such dollar amount shall be reduced by $5,000,000
for fiscal year 2018)''.
Passed the House of Representatives May 11, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Co-Prescribing to Reduce Overdoses Act of 2016 (Sec. 2) This bill permits the Department of Health and Human Services (HHS) to establish a grant program to support prescribing opioid overdose reversal drugs, such as naloxone, for patients at an elevated risk of overdose, including patients prescribed an opioid. (Opioids are drugs with effects similar to opium, such as heroin and certain pain medications.) Grant recipients may use the funds to purchase opioid overdose reversal drugs, establish a program for prescribing such drugs, train health care providers and pharmacists, track patients and outcomes, offset patient cost sharing, conduct community outreach, and connect patients to treatment. (Sec. 3) HHS may provide information to prescribers in federally qualified health centers and Indian Health Service facilities on best practices for prescribing opioid overdose reversal drugs for patients at an elevated risk of overdose. (Sec. 4) This bill amends the Public Health Service Act to reduce, as an offset, the authorization of appropriations for Centers for Disease Control and Prevention facilities for FY2018. | {"src": "billsum_train", "title": "Co-Prescribing to Reduce Overdoses Act of 2016"} | 1,831 | 254 | 0.61757 | 1.757744 | 0.86477 | 3.01 | 7.805 | 0.91 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) increased parental involvement in the education of
their children appears to be the key to long-term gains for
youngsters;
(2) providing seed money is an appropriate role for the
Federal Government to play in education;
(3) children participating in the parents as teachers
program in Missouri are found to have increased cognitive or
intellectual skills, language ability, social skills and other
predictors of school success;
(4) most early childhood programs begin at age 3 or 4 when
remediation may already be necessary; and
(5) many children receive no health screening between birth
and the time they enter school, thus such children miss the
opportunity of having developmental delays detected early.
SEC. 2. STATEMENT OF PURPOSE.
It is the purpose of this Act to encourage States and eligible
entities to develop and expand parent and early childhood education
programs in an effort to--
(1) increase parents' knowledge of and confidence in child-
rearing activities, such as teaching and nurturing their young
children;
(2) strengthen partnerships between parents and schools;
and
(3) enhance the developmental progress of participating
children.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(1) the term ``developmental screening'' means the process
of measuring the progress of children to determine if there are
problems or potential problems or advanced abilities in the
areas of understanding and use of language, perception through
sight, perception through hearing, motor development and hand-
eye coordination, health, and physical development;
(2) the term ``eligible entity'' means an entity in a State
operating a parents as teachers program on the date of
enactment of this Act;
(3) the term ``eligible family'' means any parent with one
or more children between birth and 3 years of age;
(4) the term ``lead agency'' means--
(A) except as provided in subparagraph (B), the
office, agency, or other entity in a State designated
by the Governor to administer the parents as teachers
program authorized by this Act; or
(B) in the case of a grant awarded under this Act
to an eligible entity, such eligible entity;
(5) the term ``parent education'' includes parent support
activities, the provision of resource materials on child
development and parent-child learning activities, private and
group educational guidance, individual and group learning
experiences for the parent and child, and other activities that
enable the parent to improve learning in the home; and
(6) the term ``parent educator'' means a person hired by
the lead agency of a State or designated by local entities who
administers group meetings, home visits and developmental
screening for eligible families, and is trained by the Parents
As Teachers National Center established under section 7.
SEC. 4. PROGRAM ESTABLISHED.
(a) Authority.--
(1) In general.--The Secretary is authorized to make grants
in order to pay the Federal share of the cost of establishing,
expanding, or operating parents as teachers programs in a
State.
(2) Eligible recipients.--The Secretary may make a grant
under paragraph (1) to a State, except that, in the case of a
State having an eligible entity, the Secretary shall make the
grant directly to the eligible entity.
(b) Funding Rule.--Grant funds awarded under this section shall be
used so as to supplement, and to the extent practicable, increase the
level of funds that would, in the absence of such funds, be made
available from non-Federal sources, and in no case may such funds be
used so as to supplant funds from non-Federal sources.
SEC. 5. PROGRAM REQUIREMENTS.
(a) Requirements.--Each State or eligible entity receiving a grant
pursuant to section 4 shall conduct a parents as teachers program
which--
(1) establishes and operates parent education programs,
including programs of developmental screening of children; and
(2) designates a lead State agency which--
(A) shall hire parent educators who have had
supervised experience in the care and education of
children;
(B) shall establish the number of group meetings
and home visits required to be provided each year for
each participating family, with a minimum of 2 group
meetings and 10 home visits for each participating
family;
(C) shall be responsible for administering the
periodic screening of participating children's
educational, hearing and visual development, using the
Denver Developmental Test, Zimmerman Preschool Language
Scale, or other approved screening instruments; and
(D) shall develop recruitment and retention
programs for hard-to-reach populations.
(b) Limitation.--Grant funds awarded under this Act shall only be
used for parents as teachers programs which serve families during the
period beginning with the birth of a child and ending when the child
attains the age of 3.
SEC. 6. SPECIAL RULES.
Notwithstanding any other provision of this section--
(1) no person, including home school parents, public school
parents, or private school parents, shall be required to
participate in any program of parent education or developmental
screening pursuant to the provisions of this Act;
(2) no parents as teachers program assisted under this Act
shall take any action that infringes in any manner on the right
of parents to direct the education of their children; and
(3) the provisions of section 438(c) of the General
Education Provisions Act shall apply to States and eligible
entities awarded grants under this Act.
SEC. 7. PARENTS AS TEACHERS NATIONAL CENTER.
The Secretary shall establish a Parents As Teachers National Center
to disseminate information to, and provide technical and training
assistance to, States and eligible entities establishing and operating
parents as teachers programs.
SEC. 8. EVALUATIONS.
The Secretary shall complete an evaluation of the parents as
teachers programs assisted under this Act within 4 years from the date
of enactment of this Act, including an assessment of such programs'
impact on at-risk children.
SEC. 9. APPLICATION.
Each State or eligible entity desiring a grant under this Act shall
submit an application to the Secretary at such time, in such manner and
accompanied by such information as the Secretary may reasonably
require. Each such application shall describe the activities and
services for which assistance is sought.
SEC. 10. PAYMENTS AND FEDERAL SHARE.
(a) Payments.--The Secretary shall pay to each State or eligible
entity having an application approved under section 9 the Federal share
of the cost of the activities described in the application.
(b) Federal Share.--
(1) In general.--The Federal share--
(A) for the first year for which a State or
eligible entity receives assistance under this Act
shall be 100 percent;
(B) for the second such year shall be 100 percent;
(C) for the third such year shall be 75 percent;
(D) for the fourth such year shall be 50 percent;
and
(E) for the fifth such year shall be 25 percent.
(2) Non-federal share.--The non-Federal share of payments
under this Act may be in cash or in kind, fairly evaluated,
including planned equipment or services.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for fiscal year
1993, and such sums as may be necessary for each of the fiscal years
1994 through 1997, to carry out this Act. | Authorizes the Secretary of Education to make grants to States and eligible entities for parents as teachers programs.
Makes any State eligible for such a grant, except that the grant must be made directly to an eligible entity already operating a parents as teachers program if such an entity exists in the State on the date of enactment of this Act.
Sets forth program requirements, limiting services to families during the period from birth to the child's attaining age three.
Directs the Secretary to: (1) establish a Parents as Teachers National Center for information dissemination and technical and training assistance for States and eligible entities establishing and operating such programs; and (2) evaluate such programs within four years.
Provides for a declining Federal share of program costs.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish parents as teachers programs."} | 1,574 | 163 | 0.554776 | 1.477484 | 0.739033 | 2.5 | 10.3 | 0.873333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women in Military Service for
America Memorial Commemorative Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) Five Dollar Gold Coins.--
(1) Issuance.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall issue not more
than 50,000 $5 gold coins each of which shall weigh 8.359
grams, have a diameter of 0.850 inches, and be composed of 90
percent gold and 10 percent alloy.
(2) Design.--The design of the coins issued under paragraph
(1) shall be symbolic of women's service in the Armed Forces of
the United States. On each such coin there shall be a
designation of the value of the coin, an inscription of the
year ``1993'', and inscriptions of the words ``Liberty'', ``In
God We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(b) One Dollar Silver Coins.--
(1) Issuance.--The Secretary shall issue not more than
500,000 $1 silver coins, each of which shall weigh 26.73 grams,
have a diameter of 1.500 inches, and be composed of 90 percent
silver and 10 percent copper.
(2) Design.--The design of the coins issued under paragraph
(1) shall be symbolic of women's service in the Armed Forces of
the United States. On each such coin there shall be a
designation of the value of the coin, an inscription of the
year ``1993'', and inscriptions of the words ``Liberty'', ``In
God We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(c) Legal Tender.--The coins issued under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--The coins issued under this Act shall be
numismatic items for purposes of section 5134 of title 31, United
States Code.
SEC. 3. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under existing law.
(b) Silver.--The Secretary shall obtain silver for the coins minted
under this Act from stockpiles established under the Strategic and
Critical Minerals Stock Piling Act.
SEC. 4. SELECTION OF DESIGN.
(a) In General.--The design for the coins authorized by this Act
shall be selected by the Secretary after consultation with the
Commission of Fine Arts and the Women in Military Service for America
Memorial Foundation, Incorporated.
(b) Review by Citizens Commemorative Design Committee.--The design
for the coins authorized by this Act shall be reviewed by the Citizens
Commemorative Advisory Committee in accordance with section 5135 of
title 31, United States Code.
SEC. 5. ISSUANCE OF THE COINS.
(a) Period for Issuance.--The Secretary may issue coins minted
under this Act during the period beginning on November 1, 1993, and
ending on December 31, 1994.
(b) Quality of Coins.--The coins minted under this Act shall be
issued in uncirculated and proof qualities.
(c) Mint Facility.--Not more than 1 facility of the United States
Mint may be used to strike any particular combination of denomination
and quality of the coins minted under this Act.
SEC. 6. SALE OF COINS.
(a) Sales Price.--The coins issued under this Act shall be sold by
the Secretary at a price not less than the sum of the face value of the
coins, the surcharge provided in subsection (c) with respect to such
coins, and the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses, marketing,
and shipping).
(b) Prepaid Orders at a Discount.--The Secretary shall accept
prepaid orders for the coins prior to the issuance of such coins. Sales
under this subsection shall be at a reasonable discount.
(c) Surcharge Required.--All sales shall include a surcharge of $40
per coin for the $5 coins and $11 per coin for the $1 coins.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--No provision of law governing procurement or
public contracts shall be applicable to the procurement of goods or
services necessary for carrying out the provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
The total surcharges received by the Secretary from the sale of the
coins issued under this Act shall be promptly paid by the Secretary to
the Women in Military Service for America Memorial Foundation, Inc.,
for the purpose of creating, endowing, and dedicating the Women in
Military Service for America Memorial.
SEC. 9. AUDITS.
The Comptroller General shall have the right to examine such books,
records, documents, and other data of the Women in Military Service for
America Memorial Foundation, Inc., as may be related to the expenditure
of amounts paid under section 8.
SEC. 10. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that the minting and issuance of
the coins referred to in section 2 will not result in any net cost to
the Federal Government.
(b) Payment for Issuance of Coins.--No coin shall be issued under
this Act unless the Secretary has received--
(1) full payment for such coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment for such coin; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration. | Women in Military Service for America Memorial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins symbolic of women's service in the armed forces. | {"src": "billsum_train", "title": "Women in Military Service for America Memorial Commemorative Coin Act"} | 1,375 | 47 | 0.543944 | 1.247222 | 0.675025 | 4.25 | 30.175 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Sexual Trauma Response
Oversight and Good Governance Act'' (the ``Defense STRONG Act'').
SEC. 2. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.
(a) Appointment of Director; Duties.--Chapter 3 of title 10, United
States Code, is amended by inserting after section 136a the following
new section:
``Sec. 136b. Director of Sexual Assault Prevention and Response Office
``(a) Appointment.--There is a Director of the Sexual Assault
Prevention and Response Office who shall be a general or flag officer
or an employee of the Department of Defense in a comparable Senior
Executive Service position.
``(b) Duties.--The Director of the Sexual Assault Prevention and
Response Office serves as the Department's single point of authority,
accountability, and oversight for Department policy regarding
prevention and response to sexual assault and provides oversight to
ensure that the sexual assault programs of the military departments
comply with Department policy.
``(c) Standardization.--The Secretary of Defense shall require the
use of consistent sexual assault prevention and response terminology,
position descriptions, minimum program standards, and organizational
structures throughout the armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
136a the following new item:
``136b. Director of Sexual Assault Prevention and Response Office.''.
SEC. 3. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT VICTIM
ADVOCATES.
(a) Assignment and Training.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1568. Sexual assault prevention and response: Sexual Assault
Response Coordinators and Victim Advocates
``(a) Assignment of Coordinators.--(1) At least one full-time
Sexual Assault Response Coordinator shall be assigned at the brigade or
equivalent or higher unit level. The Secretary concerned may assign
additional Sexual Assault Response Coordinators as necessary based on
the demographics or needs of the unit. Any additional Sexual Assault
Response Coordinator for a unit shall also serve on a full-time basis.
``(2) To ensure access to members of the Armed Forces in response
to a report of a sexual assault involving a member, only members of the
Armed Forces and civilian employees of the Department of Defense may be
assigned to duty as a Sexual Assault Response Coordinator. Contractor
employees may not serve as a Sexual Assault Response Coordinator,
except on a temporary, emergency basis.
``(b) Assignment of Victim Advocates.--(1) At least one full-time
Sexual Assault Victim Advocate shall be assigned to each battalion or
equivalent unit. The Secretary concerned may assign additional Victim
Advocates as necessary based on the demographics or needs of the unit.
The additional Victim Advocates may serve on a full-time or part-time
basis at the discretion of the Secretary.
``(2) Only members of the armed forces and civilian employees of
the Department of Defense may be assigned to duty as a Victim Advocate.
Contractor employees may not serve as a Victim Advocate, except on a
temporary, emergency basis.
``(c) Training and Certification.--(1) The Secretary of Defense
shall establish a professional and uniform training and certification
program for Sexual Assault Response Coordinators and Victim Advocates.
In developing the program, the Secretary of Defense shall work with the
National Organization for Victim Advocates. The program shall be
structured and administered in a manner similar to the professional
training available for Equal Opportunity Advisors through the Defense
Equal Opportunity Management Institute.
``(2) Effective beginning one year after the date of the enactment
of this section, before a member or civilian employee may be assigned
to duty as a Sexual Assault Response Coordinator, the member or
employee must have completed the training program required by paragraph
(1) and obtained the certification.
``(3) A member or civilian employee assigned to duty as a Victim
Advocate may obtain certification under the training program required
by paragraph (1). At a minimum, the Sexual Assault Response Coordinator
to whom a Victim Advocate reports shall train the Victim Advocate using
the same training materials used to train the Sexual Assault Response
Coordinator under the program.
``(d) Performance Evaluations.--Performance evaluation reports
pertaining to a member of the Armed Forces assigned to serve as a
Sexual Assault Response Coordinator or Victim Advocate shall comment on
the performance of the member in the position.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1568. Sexual assault prevention and response: Sexual Assault Response
Coordinators and Victim Advocates.''.
SEC. 4. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL COUNSEL AND VICTIM
ADVOCATE SERVICES.
(a) Access.--Chapter 53 of title 10, United States Code, is amended
by inserting after section 1044d the following new section:
``Sec. 1044e. Access to legal assistance and Victim Advocate services
for victims of sexual assault
``(a) Access.--A member of the Armed Forces or a dependent of a
member of the Armed Forces who is the victim of a sexual assault is
entitled to legal assistance provided by a military legal assistance
counsel and Victim Advocate services, regardless of whether the member
or dependent elects unrestricted or restricted (confidential) reporting
of the sexual assault.
``(b) Restricted Reporting Option.--(1) A member or dependent
referred to in subsection (a) may confidentially disclose the details
of the assault to an individual specified in paragraph (2) and receive
medical treatment, legal assistance, or counseling, without triggering
an official investigation of the allegations.
``(2) Individuals covered by paragraph (1) are the following:
``(A) Military legal assistance counsel.
``(B) Sexual Assault Response Coordinator.
``(C) Victim Advocate.
``(D) Healthcare personnel.
``(E) Chaplain.
``(c) Privileged Communications.--(1) Communications between a
member or dependent referred to in subsection (a) and a Victim
Advocate, and records of such communications created by or for the
Department of Defense, are confidential and privileged. Such
communications and records may not be disclosed to any person or entity
without the consent of the member or dependent involved.
``(2) No part of any communication or record referred to in
paragraph (1) may be subject to discovery or admitted into evidence in
any judicial or administrative proceeding without the consent of the
member or dependent involved.
``(d) Definitions.--In this section:
``(1) The term `sexual assault' means any of the offenses
covered by section 920 of this title (article 120).
``(2) The term `military legal assistance counsel' means--
``(A) a judge advocate (as defined in section
801(13) of this title); or
``(B) a civilian attorney serving as a legal
assistance officer under the provisions of section 1044
of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1044d the following new item:
``1044e. Access to legal assistance and Victim Advocate services for
victims of sexual assault.''.
(c) Conforming Amendment Regarding Provision of Legal Counsel.--
Section 1044(d)(3)(B) of such title is amended by striking ``sections
1044a, 1044b, 1044c, and 1044d'' and inserting ``sections 1044a through
1044e''.
SEC. 5. INCLUSION OF SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING
MODULE AT EACH LEVEL OF PROFESSIONAL MILITARY EDUCATION.
The Secretary of Defense shall provide for the inclusion of a
sexual assault prevention and response training module at each level of
professional military education. The training shall be tailored to the
new responsibilities and leadership requirements of members of the
Armed Forces as they are promoted. | Defense Sexual Trauma Response Oversight and Good Governance Act (Defense STRONG Act) - Establishes within the Department of Defense (DOD) a Director of the Sexual Assault Prevention and Response Office to serve as the single point of authority, accountability, and oversight for DOD policy regarding prevention of and response to sexual assault, and to provide oversight to ensure that the sexual assault programs of the military departments comply with DOD policy.
Requires the assignment within each military department of at least one full-time Sexual Assault Response Coordinator and one full-time Sexual Assault Victim Advocate, allowing the Secretary of the military department concerned to assign additional coordinators and/or advocates based on the demographics or needs of the unit. Allows only members of the Armed Forces (members) or DOD civilian personnel to be assigned as coordinators or advocates. Directs the Secretary of Defense to establish a professional training and certification program for such coordinators and advocates, and requires performance evaluations of all coordinators and advocates.
Entitles any member, or dependent of a member, who is the victim of a sexual assault to legal assistance provided by a military legal assistance counsel and Victim Advocate service, regardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the assault. Makes privileged any communications between a member or dependent and a Victim Advocate.
Directs the Secretary to provide for the inclusion of a sexual assault prevention and response training module at each level of professional military education. | {"src": "billsum_train", "title": "To implement recommendations of the Defense Task Force on Sexual Assault in the Military Services."} | 1,889 | 335 | 0.658275 | 1.820119 | 0.81464 | 4.362319 | 5.956522 | 0.934783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Trust Fund Act''.
SEC. 2. MODIFICATIONS IN EXCISE TAX ON TRANSPORTATION OF PASSENGERS BY
WATER.
(a) Increase in Amount of Tax.--Subsection (a) of section 4471 of
the Internal Revenue Code of 1986 is amended to read as follows:
``(a) In General.--There is hereby imposed a tax equal to 5 percent
of the amount paid by each passenger for a covered voyage.''
(b) Modification to Covered Voyages.--Clause (i) of section
4472(1)(A) of such Code is amended by inserting before the comma ``and
which has a port of call not located in the United States or a
possession of the United States''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. EXCISE TAX ON CONTAINERS USED TO IMPORT OR EXPORT COMMERCIAL
CARGO.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986
(relating to certain other excise taxes) is amended by inserting after
subchapter B the following new subchapter:
``Subchapter C--Containers Used To Import or Export Cargo
``Sec. 4476. Imposition of tax.
``SEC. 4476. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed a tax on any taxable
container use.
``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) on any taxable container use is $15 per 20-foot equivalent unit of
the container.
``(c) Liability and Time of Imposition of Tax.--
``(1) Liability.--The tax imposed by subsection (a) shall
be paid by the shipper.
``(2) Time of imposition.--Except as otherwise provided by
regulations, the tax imposed by subsection (a) shall be
imposed--
``(A) at the time of exportation in the case of a
use described in subsection (d)(1), and
``(B) at the time of entry in the case of a use in
subsection (d)(2).
``(d) Taxable Container Use.--For purposes of this section, the
term `taxable container use' means--
``(1) the loading of a container containing commercial
cargo on a commercial vessel at a port if--
``(A) such cargo is being exported from the United
States, and
``(B) such vessel is to provide the transport from
the United States, and
``(2) the unloading of a container containing commercial
cargo from a commercial vessel at a port if such cargo is being
entered into the United States.
``(e) Other Definitions.--For purposes of this section--
``(1) In general.--The terms `commercial cargo',
`commercial vessel', and `port' have the respective meanings
given such terms under section 4462.
``(2) United states.--The term `United States' includes the
possessions of the United States.
``(f) Special Rules.--Rules similar to the rules of subsections
(d), (e), (f), (h), and (i) of section 4462 shall apply for purposes of
this section.''
(b) Clerical Amendment.--The table of subchapters for chapter 36 of
such Code is amended by inserting after the item relating to subchapter
B the following new item:
``Subchapter C. Containers used to import
or export cargo.''
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1996.
SEC. 4. MARITIME TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end thereof the following new section:
``SEC. 9512. MARITIME TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Maritime Trust
Fund', consisting of such amounts as may be appropriated or credited to
such Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--
``(1) In general.--There are hereby appropriated to the
Maritime Trust Fund amounts equivalent to the net revenues
received in the Treasury from the maritime taxes.
``(2) Net revenues.--For purposes of paragraph (1), the
term `net revenues' means the amount estimated by the Secretary
based on the excess of--
``(A) the maritime taxes received in the Treasury,
over
``(B) the decrease in the tax imposed by chapter 1
resulting from the maritime taxes.
``(3) Maritime taxes.--For purposes of this subsection, the
term `maritime taxes' means--
``(A) the taxes imposed by section 4471 (relating
to transportation of passengers by water) to the extent
the taxes received in the Treasury under such section
exceed the amount that the Secretary estimates would
have been received under such section without regard to
the amendments made by the Maritime Trust Fund Act, and
``(B) the taxes imposed by section 4476 (relating
to containers used to import or export commercial
cargo).
``(c) Expenditures From Trust Fund.--Amounts in the Maritime Trust
Fund shall be available, as provided in appropriation Acts, only for
purposes of making expenditures to carry out any law which is
substantially similar to the title IV of the Merchant Marine Act, 1936
(46 App. U.S.C. 1171) proposed to be added by H.R. 2151 (The Maritime
Security and Competitiveness Act of 1993) of the 103d Congress, as
introduced.''
(b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end thereof the following new item:
``Sec. 9512. Maritime Trust Fund.'' | Maritime Trust Fund Act - Amends the Internal Revenue Code to increase the tax on transportation of passengers by water on a covered voyage to five percent of the amount paid by each passenger. (Currently, such tax is three dollars per passenger). Requires such voyages to have a port of call not located in the United States or its possessions.
Imposes an excise tax on the loading of certain containers used to import or export commercial cargo on commercial vessels.
Establishes the Maritime Trust Fund consisting of the maritime taxes imposed by this Act. Requires such Fund to support the maritime security fleet proposed by the Maritime Security and Competitiveness Act of 1993. | {"src": "billsum_train", "title": "Maritime Trust Fund Act"} | 1,444 | 147 | 0.54678 | 1.363105 | 0.692044 | 3.468254 | 9.690476 | 0.865079 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Emergency Housing
Act of 2005''.
SEC. 2. WAIVERS FOR SECTION 8 VOUCHER PROGRAM.
(a) In General.--The Secretary of Housing and Urban Development (in
this section referred to as the ``Secretary'') may, for all or any part
of the period specified under subsection (c), waive any of the
requirements described in subsection (b) in the connection with the
provision of assistance under section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)) on behalf of an individual or family
if--
(1) the individual or family--
(A) resides or resided, on August 25, 2005, in any
area that is subject to a declaration by the President
of a major disaster or emergency under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) in connection with Hurricane
Katrina; or
(B) resides or resided, on September 24, 2005, in
any area that is subject to a declaration by the
President of a major disaster or emergency under the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in connection
with Hurricane Rita;
(2) the residence of the individual or family became
uninhabitable or inaccessible as result of such major disaster
or emergency; and
(3) as of the date referred to in paragraph (1), as
applicable, rental assistance under such section 8(o) was
provided on behalf of such individual or family.
(b) Waiver of Eligibility Requirements.--The requirements described
in this subsection are the requirements under--
(1) paragraph (2) of section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(2)), relating to tenant
contributions towards rent, except that any such waiver shall
expire on an individual's return to work;
(2) paragraph (4) of such section 8(o), relating to the
eligibility of individuals to receive assistance;
(3) subsection (k) of such section 8 and paragraph (5) of
such section 8(o), relating to verification of income;
(4) paragraph (7)(A) of such section 8(o), relating to the
requirement that leases shall be for a term of 1 year;
(5) paragraph (8) of such section 8(o), relating to initial
inspection of housing units by a public housing agency;
(6) subsection (r)(1)(B) of such section 8, relating to
restrictions on portability;
(7) any regulation, notice, or order requiring prior
approval by the Secretary with respect to any addendum to the
model lease that permits lease terminations in the event that a
tenant--
(A) was not eligible for assistance at the time of
lease approval;
(B) would not have been eligible for assistance if
a criminal background check had been completed prior to
lease approval; or
(C) would not have met that landlord's screening
criteria with respect to rent or credit history if a
full a screening had been completed prior to lease
approval; and
(8) any regulation or Executive Order providing for access
to Federally funded programs by eligible persons having limited
English proficiency.
(c) Termination of Authority.--The period specified under this
subsection is the 12-month period beginning on the date of the
enactment of this Act., unless before the expiration of the 6-month
period beginning on such date of enactment the Secretary makes a
determination that waivers under this section are no longer needed, in
which case the period specified under this subsection is the 6-month
period beginning on such date of enactment.
SEC. 3. AUTHORITY OF THE SECRETARY TO DIRECTLY ADMINISTER VOUCHERS WHEN
PHAS ARE UNABLE TO DO SO.
If the Secretary of Housing and Urban Development determines that a
public housing agency is unable to implement the provisions of
subsection (o) of section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) or section 2 of this Act due to the effects of
Hurricane Katrina or Hurricane Rita, the Secretary may--
(1) directly administer any voucher program described in
such subsection or in section 2 of this Act; and
(2) perform the functions assigned to a public housing
agency by such subsection or section 2 of this Act.
SEC. 4. WAIVERS FOR PROJECT-BASED SECTION 8 TO FACILITATE HOUSING OF
AFFECTED FAMILIES.
(a) In General.--For all or part of the period specified under
subsection (c), the Secretary of Housing and Urban Development (in this
section referred to as the ``Secretary'') may waive the applicability
of any of the requirements described subsection (b) with respect to any
housing provided project-based assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) for any individual or
family that meets the requirements of paragraphs (1) and (2) of section
2(a) of this Act.
(b) Provisions Waived.--The requirements described in this
subsection are--
(1) section 3(a) of the United States Housing Act of 1937
(42 U.S.C. 1437a(a)), relating to tenant contributions towards
rent, except that any such waiver shall expire on an
individual's return to work;
(2) section 8(k) of such Act, relating to verification of
income;
(3) section 8(d)(1)(B)(i) of such Act, relating to the
requirement that leases shall be for a term of 1 year;
(4) any requirement relating to initial inspection of
housing units by a public housing agency;
(5) any regulation, notice, or order requiring prior
approval by the Secretary with respect to any addendum to the
model lease that permits lease terminations in the event that a
tenant--
(A) was not eligible for assistance at the time of
lease approval;
(B) would not have been eligible for assistance if
a criminal background check had been completed prior to
lease approval; or
(C) would not have met that landlord's screening
criteria with respect to rent or credit history if a
full a screening had been completed prior to lease
approval; and
(6) any regulation or Executive Order providing for access
to Federally funded programs by eligible persons having limited
English proficiency.
(c) Termination.--The period specified under this subsection is the
12-month period beginning on the date of the enactment of this Act.,
unless before the expiration of the 6-month period beginning on such
date of enactment the Secretary makes a determination that waivers
under this section are no longer needed, in which case the period
specified under this subsection is the 6-month period beginning on such
date of enactment.
SEC. 5. PRESERVATION OF PROJECT-BASED SECTION 8 HOUSING ASSISTANCE
PAYMENTS CONTRACTS FOR DAMAGED OR DESTROYED HOUSING
UNITS.
Notwithstanding any other provision of law, a project-based housing
assistance payments contract entered into pursuant to section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) covering a project
damaged or destroyed by Hurricane Katrina or Hurricane Rita shall not
expire or be terminated because of the damage or destruction of
dwelling units in the project. The expiration date of the contract
shall be deemed to be the later of the date specified in the contract
or a date ending three months after the units are first made habitable.
SEC. 6. REPORT ON INVENTORY OF AVAILABILITY OF FACILITIES AND
PROPERTIES FOR HOUSING USE.
(a) Compiling of Inventory.--Not later than 20 days after the date
of the enactment of this Act--
(1) the Secretary of Housing and Urban Development, the
Secretary of Defense, the Administrator of the General Services
Administration, the Secretary of Agriculture, the Secretary of
Veterans Affairs, and such other agency heads as the Secretary
of Housing and Urban Development determines appropriate, and
the Federal National Mortgage Association and the Federal Home
Loan Mortgage Corporation, shall compile an inventory of
Federal civilian and defense facilities (or, in the case of the
Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation, properties held by such entities) that--
(A) identifies such facilities and properties that
can be used--
(i) to provide emergency housing;
(ii) as locations for the construction or
deployment of temporary housing units; or
(iii) to provide permanent housing; and
(B) for each such facility and property included,
identifies the appropriate use or uses under clauses
(i) through (iii) of subparagraph (A); and
(2) each such agency head and entity shall submit the
inventory compiled pursuant to paragraph (1) to the Secretary
of Housing and Urban Development.
(b) Report to Congress.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Housing and Urban
Development shall compile and submit to the Congress an aggregate
inventory comprised of the inventory compiled by the Secretary pursuant
to subsection (a) and all the inventories submitted to the Secretary
pursuant to such subsection.
SEC. 7. GAO REPORT ON STATE EMERGENCY HOUSING PLANS.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit a report
to the Congress--
(1) identifying any States that have developed emergency
housing contingency plans for use in the event of a disaster;
(2) describing such plans; and
(3) assessing the effectiveness of such plans.
Passed the House of Representatives October 6, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Hurricane Katrina Emergency Housing Act of 2005 - (Sec. 2) Authorizes the Secretary of Housing and Urban Development (HUD) to waive specified requirements under the section 8 (United States Housing Act of 1937) housing voucher and project-based assistance programs for an individual or family: (1) who resides or resided on August 25, 2005, in any area subject to a presidential disaster or emergency declaration in connection with Hurricane Katrina, or who resides or resided on September 24, 2005, in any area subject to a presidential disaster or emergency declaration in connection with Hurricane Rita; (2) whose residence became uninhabitable or inaccessible as a result of such disasters or emergencies; and (3) who was receiving such rental benefits as of such applicable date.
Specifies voucher requirements that may be waived as: (1) tenant rent contributions; (2) assistance eligibility; (3) income verification; (4) one-year lease requirement; (5) public housing agency (PHA) initial housing inspection; (6) portability restrictions; (7) certain lease addenda permitting termination of tenancy; and (8) access to federally funded programs by persons having limited English proficiency.
Terminates waiver authority 12 months after the date of the enactment of this Act, unless the Secretary determines that such waivers are no longer needed, in which case the period specified is the six-month period beginning on such date of enactment.
(Sec. 3) Authorizes the Secretary to directly administer section 8 vouchers if the appropriate PHA is unable to do so because of Hurricane Katrina or Hurricane Rita.
(Sec. 4) Specifies project-based requirements that may be waived as: (1) tenant rent contributions; (2) income verification; (3) one-year lease requirement; (4) public housing agency (PHA) initial housing inspection; (5) certain lease addenda permitting termination of tenancy; and (6) access to federally funded programs by persons having limited English proficiency.
Terminates waiver authority 12 months after the date of the enactment of this Act, unless the Secretary determines that such waivers are no longer needed, in which case the period specified is the six-month period beginning on such date of enactment.
(Sec. 5) States that: (1) a project-based housing assistance contract covering a project damaged or destroyed by Hurricane Katrina or Hurricane Rita shall not expire because of the damage or destruction of dwelling units in the project; and (2) the contract's expiration date shall be the later of the contract date or three months after the units are first made habitable.
(Sec. 6) Directs the Secretary, the Secretary of Defense, the Administrator of the General Services Administration, the Secretary of Agriculture, the Secretary of Veterans Affairs, other appropriate agency heads, the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage Corporation (FHLMC) to compile an inventory of federal civilian and defense facilities and other properties that can be used: (1) for emergency housing; (2) as construction sites for temporary housing; or (3) to provide permanent housing.
Directs the Secretary to provide Congress with an aggregate inventory report.
(Sec. 7) Directs the Government Accountability Office (GAO) to report on state emergency housing planning. | {"src": "billsum_train", "title": "To provide for waivers under certain housing assistance programs of the Department of Housing and Urban Development to assist victims of Hurricane Katrina and Hurricane Rita in obtaining housing."} | 2,193 | 707 | 0.69917 | 2.426214 | 0.703398 | 3.503096 | 3.055728 | 0.930341 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Respirator Access Assurance Act of
2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Each year millions of workers, responders and citizens
in the United States and around the world depend on the
availability of respirators made in the United States for
protection against exposure to hazardous materials and in the
event of terrorist incidents, airborne disease epidemics, and
other disasters.
(2) Respirators are tested, and the design and labeling of
respirators is regulated by an independent federal agency, the
National Institute for Occupational Safety and Health (NIOSH),
which is part of the federal Centers for Disease Control and
Prevention. NIOSH establishes the performance standards for
respirators, independently tests and certifies respirators to
its standards, and performs follow-up field audits of
respirators to ensure continued compliance with NIOSH
performance standards. Prior to the establishment of NIOSH,
respirators were approved by the United States Bureau of Mines.
(3) Respirator manufacturers and sellers do not and cannot
control or determine the manner in which their products are
used.
(4) Manufacturers and sellers of respirators designed and
labeled in compliance with NIOSH requirements have been named
as defendants in a substantial number of product liability
claims alleging that these NIOSH-approved designs and warnings
are defective.
(5) Respirators are sold in and have an effect on
interstate commerce.
(6) Manufacturers of respirators may cease making such
products, in principal part because of the costs of litigation.
(7) A continued United States capacity to manufacture and
distribute respirators is necessary to assure that these
products remain available. Lack of availability of respirators
will increase risks to the health of millions of American
workers and emergency responders.
(8) The protections set forth in this Act are needed to
assure the continued commercial availability of lifesaving
respirators.
SEC. 3. DEFINITIONS.
In this Act:
(1) ``Manufacturer'' means any person who, in the course of
a business conducted for that purpose, designs, makes,
produces, packages, or labels any respirator or component part
of a respirator, or engages another to do so.
(2) ``NIOSH'' means the National Institute for Occupational
Safety and Health.
(3) ``NIOSH approval'' means a certificate or formal
document issued by NIOSH stating that an individual respirator
or combination of respirators has met the minimum requirements
of part 84 of title 42, Code of Federal Regulations, or part 11
of title 30, Code of Federal Regulations, and that the
manufacturer is authorized to use and attach an approval label
to any respirator manufactured in conformance with the plans
and specifications upon which the approval was based. For
purposes of this Act, NIOSH approval shall also mean
certification and/or approval by any Federal Government agency
with authority to approve respirators, including the United
States Bureau of Mines and the Mine Safety and Health
Administration.
(4) ``Respirator'' means any device designed to provide the
wearer with respiratory protection against inhalation of
hazardous materials.
(5) ``Seller'' means a person or entity, including a
retailer, distributor, or wholesaler, that is regularly engaged
in selling respirators.
SEC. 4. EFFECT OF NIOSH APPROVAL OF DESIGN AND LABELING.
A manufacturer or seller of a respirator shall not be subject to
any claim for defective design or warning or any claim which is based
on such an allegation if such respirator has received a NIOSH approval,
and such respirator is manufactured in compliance with the NIOSH-
approved design and labeling. This provision shall not apply to a
respirator that fails to comply with the NIOSH-approved design and
labeling standards.
SEC. 5. PREEMPTION AND STATUTORY CONSTRUCTION.
(a) Preemption.--The provisions of this Act shall supersede any and
all State or local laws insofar as they may now or hereafter relate to
any claim for defective design or warning or any claim which is based
on such an allegation if such respirator has received a NIOSH approval.
(b) Statutory Construction.--Nothing in this Act may be construed
to affect any defense available to a defendant under any other
provision of state or federal law, or to create a cause of action or
federal court jurisdiction pursuant to section 1331 or 1332 of title
28, United States Code, that otherwise would not exist under applicable
law.
SEC. 6. APPLICABILITY.
This Act applies to any civil action in a Federal or State court,
on the basis of any legal theory, for harm allegedly caused, directly
or indirectly, by a respirator, a respirator manufacturer, or a
respirator seller.
SEC. 7. EFFECTIVE DATE.
This Act shall become effective upon enactment and shall apply to
any action that has not proceeded to trial as of the date of enactment,
regardless of when the respirator was manufactured or sold. | Respirator Access Assurance Act of 2005 - States that manufacturers or sellers of respirators shall not be subject to claims for defective design or warning, or any claims based on such allegations, if the respirator in question received National Institute for Occupational Safety and Health (NIOSH) approval and was manufactured in compliance with NIOSH-approved design and labeling.
Preempts all State and local laws with regard to such claims.
Makes this Act applicable to any civil action in Federal or State court for harm allegedly caused by a respirator, respirator manufacturer, or respirator seller.
Applies this Act to any action than has not proceeded to trial as of the date of enactment. | {"src": "billsum_train", "title": "To protect American workers and responders by ensuring the continued commercial availability of respirators and to establish rules governing product liability actions against manufacturers and sellers of respirators."} | 1,113 | 152 | 0.637557 | 1.937729 | 0.682837 | 4.071429 | 8.02381 | 0.960317 |
OF ASSENT.
(a) Conditions Prerequisite to Transfer.--To satisfy the conditions
necessary for transfer of the Railroad Grant Lands, Wagon Road Grant
Lands, interspersed federally owned timberlands managed by the Bureau
of Land Management, and related property under section 4, the
resolution of assent by the legislature of the State of Oregon must be
filed with the Secretary on or before December 31, 1999, and must
provide for management by the State of Oregon consistent with the
following terms:
(1) That the State of Oregon has taken all steps necessary
to receive title to the lands conveyed by this Act, hold such
lands in trust for the financial benefit of the O&C counties
through sustained-yield timber production, and manage such
lands in accordance with such trust obligations and for the
benefit of the people of Oregon and of the United States.
(2) That, upon receipt of title, the State of Oregon
through its Oregon Board of Forestry and Oregon Department of
Forestry or the successors to such Board and Department will
manage the lands conveyed by this Act for permanent timber
production under the principle of sustained yield for the
purpose of contributing to the economic stability of local
communities. While providing a permanent source of timber
supply, the State of Oregon shall protect watersheds and
fisheries, regulate stream flows, provide wildlife habitat and
recreational opportunities, and institute a program that
provides for blocking up of the lands through trades and other
transfers with willing private and other public landowners
within the O&C Counties.
(3) That, in managing the lands conveyed by this Act for
the purposes set forth in paragraph (2), the State of Oregon
will be guided by principles of good stewardship based on the
best verifiable scientific information available at the time.
(4) That, prior to January 1, 2004, management by the State
of Oregon of the transferred lands shall be pursuant to a State
management plan that is consistent with the standards and
guidelines of the Northwest Forest Plan adopted on April 13,
1994, or other Federal land management plans in effect at the
time of transfer. Beginning January 1, 2004 and thereafter,
management by the State of Oregon in accordance with the
objectives of this Act will be conducted under a habitat
conservation plan developed and approved pursuant to the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.) so as to coordinate with management on lands remaining in
Federal ownership.
(5) That a fund has been established in the treasury of the
State of Oregon entitled the ``O&C Lands Fund,'' into which all
gross revenues derived from timber sales or otherwise produced
from the lands conveyed by this Act or subsequently exchanged
lands are deposited.
(6) That, prior to January 1, 2004, disbursements will be
made annually to the O&C counties, with disbursements to
individual counties made in the same proportion that each of
them has received disbursements of revenues under the Act of
August 28, 1937 (43 U.S.C. 1181a-1181f). Annual disbursements
prior to January 1, 2004, to the O&C counties from the O&C
Lands Fund shall be the lesser of 50 percent of gross revenues
deposited in the O&C Lands Fund or the amount that, when taken
together with payments received under section 13983 of the
Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66;
43 U.S.C. 1181f note), the combined total payments are equal to
the amount received by the O&C counties under section 13983 of
the Omnibus Budget Reconciliation Act of 1993 during the year
in which the qualifying resolution of assent is submitted to
the Secretary. Prior to January 1, 2004, all of the revenues
deposited in the O&C Lands Fund remaining after annual payments
to the O&C counties will be utilized by the State of Oregon for
management of the lands conveyed by this Act for the purposes
set forth in paragraphs (2) and (3).
(7) Beginning January 1, 2004, and thereafter, 50 percent
of gross revenues deposited in the O&C Lands Fund will be
disbursed annually to the O&C counties, with disbursements to
individual counties made in the same proportion that each of
them has received disbursements of revenues under the Act of
August 28, 1937 (43 U.S.C. 1181a-1181f). Beginning January 1,
2004, and thereafter, the remaining 50 percent of gross
revenues deposited in the O&C Lands Fund will be utilized by
the State of Oregon for management of the lands conveyed by
this Act for the purposes set forth in paragraphs (2) and (3),
with any balance remaining thereafter available to the State
for other public purposes at the discretion of the State. Payments to
the O&C counties from the O&C Lands Fund shall not serve as a basis for
offsetting or reducing payments or revenue distributions by the State
to any O&C county under any other State program or legislation.
(8) That the State will accept title subject to all valid
existing rights and will assume the obligations of the United
States under the terms of any lease, contract, permit,
easement, license or other valid binding agreement outstanding
between the United States and any other party relating to the
lands conveyed by this Act as of the date title is transferred
to the State.
(9) That the State will administer a mineral rights program
applicable to any person who, as of the date of enactment of
this Act has filed an unpatented mining claim, filed a patent
application, or received a first-half patent certificate.
Patented lands located within lands transferred pursuant to
this Act shall not be subject to this Act, except for the
protection of access and other such rights as provided for in
paragraph 8 of this section. The State program required by this
paragraph will insure that surface, subsurface and access
rights of unpatented mining claims, potentially eligible
patentees and private patented lands are no less favorable than
under Federal law as of January 1, 1996, and that holders of
all first-half final patent certificates as of the date of
enactment of this Act will be awarded full patents not later
than two years after the notice required by section 4,
subsection (f) of this Act, and that all unpatented mining
claims and patent applications filed as of the date of
enactment of this Act will carry the same rights as, and be
subject to requirements that are no less favorable to claimants
than under Federal law as of January 1, 1996. The State program
established pursuant to this paragraph shall recognize all
unpatented mining claims filed as of the date of enactment of
this Act for so long as the claimant performs assessment work
or pays holding fees and meets other requirements, if any, as
provided by Federal law as of January 1, 1996. Any fees charged
under the State program required by this paragraph shall be
paid to the State.
(10) That, in the case of lands conveyed under this Act
that are capable of commercial production of timber, the State
will not sell, transfer, or otherwise dispose of such lands,
except in cases of mineral patents or in trades or exchanges
for lands of equal value as timberlands in a program of
blocking up to aid in consolidating ownerships to increase the
efficiency and effectiveness of management for economic and
ecologic purposes.
(11) That the State will continue to manage as parks,
campgrounds, and other developed recreation sites and
facilities any lands conveyed by this Act that are designated
as parks, campgrounds, and other developed recreation sites and
facilities as of January 1, 1996.
(12) That, notwithstanding any other provision of this Act,
the State of Oregon will reserve from entry for commercial
timber production any lands transferred by this Act that are
identified in and designated by Federal statute as of January
1, 1996 as areas reserved from entry for commercial timber
production including, but not limited to, wild and scenic river
areas and wilderness areas.
(13) That the State will, except as may be inconsistent
with paragraphs 8 and 9 above, hold the lands conveyed by this
Act open and accessible for hunting, fishing, hiking, swimming,
boating, trapping, rockhounding and other recreational uses in
accordance with applicable State and Federal laws by all the
people of the State and of the United States.
(14) That the State has established a program giving
preference in employment within the Oregon Department of
Forestry to any person employed by the Bureau of Land
Management within the State of Oregon as of the date a
qualifying resolution of assent is filed with the Secretary and
whose employment by the Bureau of Land Management terminates on
or before January 1, 2004 as a result of the land transfer provided for
in this Act, and shall grant an interview to any such person who
requests one.
(b) Right of Reentry.--
(1) Notwithstanding any other provision of law, the United
States shall retain a right of reentry until January 1, 2025,
in all lands transferred under this Act and held by the State
of Oregon.
(2) Such right of reentry of the United States shall ripen
if, upon petition for review by nine or more of the O&C
counties or upon request for review from the President of the
United States, the Secretary determines that the land conveyed
by this Act is not being managed in accordance with the
conditions specified in subsection (a), and such noncompliance
is not cured within two years following such determination. Any
determination by the Secretary under this subsection shall be
made on the record after an opportunity for a hearing.
(3) The ripened right of reentry retained by the United
States shall vest and all right, title and interest in lands
and other property transferred under this Act shall revert to
the United States only if--
(A) the Secretary files a declaration of reentry
within three months after the two-year period provided
for in subsection (2) with the Governor of the State of
Oregon; and
(B) the Secretary records a declaration of reentry
in the office of the county recorder in each of the O&C
counties within three months after the filing required
under paragraph (A) and prior to January 1, 2050.
(4) As a condition of reentry pursuant to subsections (2)
and (3), the United States shall manage the lands thereafter
for permanent timber production for the benefit of local
communities, with revenues derived therefrom to be distributed
in the same manner provided for by the Act of August 28, 1937
(43 U.S.C. 1181a-1181f).
(5) Unless exercised and perfected sooner pursuant to
subsections (2) and (3), the right of reentry shall expire on
January 1, 2050.
SEC. 6. NEW MANAGEMENT PLANS.
(a) If a qualifying resolution of assent has been filed with the
Secretary as provided in section 5 of this Act, the Secretary of the
Interior and Secretary of Agriculture shall, not later than January 1,
2001, commence preparation of amendments to the Northwest Forest Plan
adopted April 13, 1994, or other Federal land management plans in
effect as of January 1, 2001, which amendments shall anticipate the
transfer of land as required by this Act and subsequent State
management, and which amendments shall become effective on January 1,
2004 on lands currently under the Northwest Forest Plan that remain in
Federal ownership on and after January 1, 2004.
SEC. 7. SUSPENSION OF LAWS RENDERED OBSOLETE BY TRANSFER OF RAILROAD
GRANT LANDS AND WAGON ROAD GRANT LANDS
(a) Description of Suspended Laws; Date of Suspension.--Provided
that the Secretary of Interior has submitted to Congress the notice
required by section 4(f), the following laws are suspended effective
January 1, 2004, and are of no further force or effect unless and until
the right of reentry ripens and vests and title to transferred lands
reverts to the United States pursuant to section 5(b) of this Act:
(1) The Act of August 28, 1937 (43 U.S.C. 1181a-1181f).
(2) The Act of May 24, 1939 (43 U.S.C. 1181f-1181f-4).
(3) The Act of June 24, 1954 (43 U.S.C. 1181g-1181i),
concerning the controverted lands. | O&C Forest Transfer Act - Directs the Secretary of the Interior, subject to a qualifying legislative resolution of assent from the State of Oregon filed on or before December 31, 1999, to transfer to Oregon specified real property constituting the Oregon and California (O&C) Railroad Grant Lands, the Coos Bay Military Wagon Road Grant Lands, all federally owned timberlands within one or more O&C counties currently managed by the Bureau of Land Management (BLM), and certain land and structures utilized as offices or in related administrative capacities.
Outlines terms required in the qualifying resolution of assent, including: (1) the requirement that Oregon manage the transferred lands for sustained yield, permanent timber production benefitting the economic stability of local communities; (2) the adoption of a State land management plan; (3) the establishment of an O&C Lands Fund for timber sales deposits and disbursements to O&C counties within the transferred lands, as well as to Oregon to cover land management costs; (4) the administration of a mineral rights program for individuals; (5) a prohibition against the sale of any transferred lands capable of timber production; (6) a reservation from entry for commercial timber production; (7) the continuation of current recreational uses; and (8) the establishment of a program providing an employment preference within the Oregon Department of Forestry in transferred land management positions to persons currently employed by the BLM in such capacity.
Provides a U.S. right of reentry onto such transferred lands when the land is not being managed in accordance with the transfer conditions and such noncompliance has not been corrected within two years of such determination.
Requires the Secretary and the Secretary of Agriculture, if a qualifying resolution of assent has been filed in a timely manner, to commence the preparation of amendments to Federal land management plans.
Suspends as of January 1, 2004, specified Federal laws rendered obsolete by the land transfers under this Act. | {"src": "billsum_train", "title": "O&C Forest Transfer Act"} | 2,643 | 412 | 0.675118 | 2.218794 | 0.757987 | 2.445652 | 6.766304 | 0.880435 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Integrity through
Transparency (FIT) Act of 2008''.
TITLE I--CONSTRAINING THE GROWTH OF THE FEDERAL GOVERNMENT
SEC. 101. CONSTRAINING GROWTH.
(a) Constraining Growth.--Title III of the Congressional Budget Act
of 1974 is amended by adding at the end the following new section:
``constraining the growth of the federal government
``Sec. 316. (a) Point of Order.--It shall not be in order in the
House of Representatives or the Senate to consider any concurrent
resolution on the budget for any fiscal year if the percentage increase
for the projected total outlays for such fiscal year compared to the
projected total outlays for the preceding fiscal year set forth in the
most recently agreed to concurrent resolution on the budget exceeds the
allowable growth percentage.
``(b) Allowable Growth Percentage.--As used in subsection (a), the
term `allowable growth percentage' for the applicable fiscal year
refers to the mean of the annual percentage growth of mean earnings of
full-time, year-round workers; compensation of employees; and gross
domestic product (GDP) for the United States for the most recent
calendar year for which such data may be obtained from the U.S. Census
Bureau and the Bureau of Economic Analysis (BEA) of the Department of
Commerce compared to the immediately preceding calendar year before the
concurrent resolution on the budget for the applicable fiscal year is
reported by the Committee on the Budget of the House of Representatives
or Senate, as the case may be.
``(c) Super Majority Required for Waiver.--Subsection (a) may be
waived or suspended in the House of Representatives or the Senate by a
two-thirds vote of its Members voting, a quorum being present.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Act of 1974 is
amended by adding after the item relating to section 315 the following
new item:
``Sec. 316. Constraining the Growth of the Federal Government.''.
TITLE II--EFFICIENCY AND RESPONSIBILITY FROM THE FEDERAL GOVERNMENT
SEC. 201. ANNUAL REPORTS BY FEDERAL DEPARTMENTS AND AGENCIES TO
GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Report Requirement.--Each Federal department and agency
annually shall submit to the Comptroller General a report on the total
operating costs of the department or agency for the year covered by the
report, with a separate statement containing details on waste, fraud,
and abuse during such year.
(b) Audit by GAO.--Each year the Comptroller General shall randomly
select 10 percent of the reports submitted under subsection (a) and
audit the reports.
(c) Intelligence Report Requirement.--Each intelligence department
and agency of the Federal Government, and each intelligence-related
division within a department or agency, shall submit to the Select
Committee on Intelligence of the House of Representatives the total
operating costs of the agency, department, or division for the year
covered by the report, with a separate statement containing details on
waste, fraud, and abuse during such year.
(d) First Reports.--The first reports under this section shall be
submitted not later than one year after the date of the enactment of
this Act.
SEC. 202. ANNUAL REPORT BY COMPTROLLER GENERAL.
(a) Annual GAO Report on Reports of Federal Departments and
Agencies.--The Comptroller General shall submit to Congress an annual
report on the results of the reports submitted under section 201(a).
(b) First Report.--The first report under this section shall be
submitted not later than 18 months after the date of the enactment of
this Act.
SEC. 203. PLAN FOR REDUCTION OF OPERATIONAL COSTS OF FEDERAL
DEPARTMENTS AND AGENCIES.
(a) Plan Requirement.--Not later than one year after the date of
the enactment of this Act, each Federal department or agency shall
design a plan to reduce its operational costs from $.36 of every $1.00
appropriated to the department or agency to $.15 of every $1.00 (or
reduce their operational costs by 41.67 percent) appropriated to the
department or agency through the use of new technologies and standard
management practices.
(b) Implementation of Plan.--Not later than 10 years after the date
of the enactment of this Act, each Federal department or agency shall
implement the plan for the department or agency developed under
subsection (a).
(c) Annual Progress Reports.--Each Federal department or agency
shall submit to Congress a report each year detailing the progress of
the department or agency in implementing the plan for the department or
agency developed under subsection (a).
SEC. 204. INFORMING TAXPAYERS.
(a) Statement To Appear on Tax Returns.--The Secretary of the
Treasury shall include, on each form for making the return of tax
imposed under chapter 1 of the Internal Revenue Code of 1986, a
statement of the aggregate dollar amount of waste, fraud, and abuse by
all Federal departments and agencies for the most recent year for which
the Secretary has received information under subsection (b).
(b) Determination of Aggregate Waste, Fraud, and Abuse by
Comptroller General.--The Comptroller General shall annually report to
the Secretary of the Treasury the aggregate dollar amount of waste,
fraud, and abuse by all Federal departments and agencies as determined
by the Comptroller General on the basis of the reports submitted by
Federal departments and agencies under section 201.
TITLE III--PROVIDING EARMARK TRANSPARENCY
SEC. 301. EARMARK TRANSPARENCY.
(a) Earmark Transparency.--
Title III of the Congressional Budget Act of 1974 as
amended by section 101 is further amended by adding at the end
the following new section:
``earmark transparency
``Sec. 317. (a) In General.--All requests for earmarks received by
the Committee on Appropriations (or any subcommittee thereof) of the
House of Representatives or the Senate shall be posted by the
applicable Committee on Appropriations (or subcommittee thereof) on its
website at least 14 calendar days before the committee or subcommittee,
as applicable, begins marking up the applicable measure. Each such
posting of an earmark shall include the name of the Member requesting
the earmark, the cost of the earmark, and a justification of why the
earmark is needed.
``(b) Definition.--As used in subsection (a), the term `earmark'
means--
``(1) in the case of the House of Representatives,
`congressional earmark' as such term is defined by clause 9(d)
of rule XXI of the Rules of the House of Representatives; and
``(2) in the case of the Senate, `congressionally directed
spending item' as such term is defined by clause 5 of rule XLIV
of the Standing Rules of the Senate.''. | Fiscal Integrity through Transparency (FIT) Act of 2008 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or in the Senate to consider any budget resolution for any fiscal year if the percentage increase for the projected total outlays compared to the projected total outlays for the preceding fiscal year exceeds the allowable growth percentage, as determined according to a specified formula.
Requires a super majority vote in either chamber to waive or suspend such prohibition.
Requires federal departments and agencies to report annually to the Comptroller General, and federal intelligence departments and agencies and their intelligence-related divisions to report annually to the House Select Committee on Intelligence, on total department or agency operating costs for the year, with a separate statement detailing waste, fraud, and abuse during such year.
Requires each federal department or agency to design and implement a plan to reduce its operational costs from $.36 to $.15 of every $1.00 appropriated to it (or reduce such costs by 41.67%) through the use of new technologies and standard management practices.
Requires the Secretary of the Treasury to include, on each federal tax return, a statement of the aggregate dollar amount of waste, fraud, and abuse by all federal departments and agencies for the most recent year accounted for.
Requires all requests for earmarks received by the congressional appropriations committtees or subcommittees to be posted on their respective websites at least 14 calendar days before mark-up of the applicable measure.
Requires each such posting to include the name of the requesting Member, the cost of the earmark, and a justification of its need. | {"src": "billsum_train", "title": "To amend the Congressional Budget and Impoundment Control Act of 1974 to require that concurrent resolutions on the budget limit the growth of Federal spending to the mean of annual percentage growth of wages and gross domestic product (GDP) in the United States, and for other purposes."} | 1,668 | 377 | 0.562232 | 1.637178 | 0.732649 | 4.660256 | 4.403846 | 0.910256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right-to-Ride Livestock on Federal
Lands Act of 2004''.
SEC. 2. USE AND ACCESS OF PACK AND SADDLE ANIMALS ON PUBLIC LANDS.
(a) National Park System Lands.--Section 12 of Public Law 91-383
(16 U.S.C. 1a-7) is amended by adding at the end the following new
subsection:
``(c) Use and Access of Pack and Saddle Animals.--
``(1) General rule.--The Secretary of the Interior shall
provide for the management of National Park System lands to
preserve and facilitate the continued use and access of pack
and saddle stock animals on such lands, including wilderness
areas, national monuments, and other specifically designated
areas, where there is a historical tradition of such use. As a
general rule, all trails, routes, and areas used by pack and
saddle stock shall remain open and accessible for such use. The
Secretary may implement a proposed reduction in the use and
access of pack and saddle stock animals on such lands only
after complying with the full review process required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(2) Rules of construction.--Nothing in paragraph (1)
shall be construed--
``(A) to authorize the Secretary to refuse to issue
a permit for a new use of pack and saddle stock
animals, including use by a commercial outfitter or
guide, without complying with applicable resource
management plans and planning processes required under
this Act or any other provision of law;
``(B) to limit the authority of the Secretary to
impose a temporary emergency closure of a trail, route,
or area to pack and saddle stock animals or issue
special permits; or
``(C) to create a preference for one recreational
use for any unit of the National Park System, without
consideration of the stated purpose of the unit.''.
(b) Bureau of Land Management Lands.--Section 302 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1732) is amended by
adding at the end the following new subsection:
``(e) Use and Access of Pack and Saddle Animals.--
``(1) General rule.--The Secretary shall provide for the
management of public lands to preserve and facilitate the
continued use and access of pack and saddle stock animals on
such lands, including wilderness areas, national monuments, and
other specifically designated areas, where there is a
historical tradition of such use. As a general rule, all
trails, routes, and areas used by pack and saddle stock shall
remain open and accessible for such use. The Secretary may
implement a proposed reduction in the use and access of pack
and saddle stock animals on such lands only after complying
with the full review process required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Rules of construction.--Nothing in paragraph (1)
shall be construed--
``(A) to authorize the Secretary to refuse to issue
a permit for a new use of pack and saddle stock
animals, including use by a commercial outfitter or
guide, without complying with applicable resource
management plans and planning processes required under
this Act or any other provision of law;
``(B) to limit the authority of the Secretary to
impose a temporary emergency closure of a trail, route,
or area to pack and saddle stock animals or issue
special permits; or
``(C) to create a preference for one recreational
use for any area of the public lands, without
consideration of the stated purpose of the area.''.
(c) National Wildlife Refuge System Lands.--Section 4(d) of the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd(d)) is amended by adding at the end the following new paragraph:
``(5)(A) The Secretary shall provide for the management of System
lands to preserve and facilitate the continued use and access of pack
and saddle stock animals on such lands, including wilderness areas,
national monuments, and other specifically designated areas, where
there is a historical tradition of such use. As a general rule, all
trails, routes, and areas used by pack and saddle stock shall remain
open and accessible for such use. The Secretary may implement a
proposed reduction in the use and access of pack and saddle stock
animals on such lands only after complying with the full review process
required under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(B) Nothing in subparagraph (A) shall be construed--
``(i) to authorize the Secretary to refuse to issue a
permit for a new use of pack and saddle stock animals,
including use by a commercial outfitter or guide, without
complying with applicable resource management plans and
planning processes required under this Act or any other
provision of law;
``(ii) to limit the authority of the Secretary to impose a
temporary emergency closure of a trail, route, or area to pack
and saddle stock animals or issue special permits; or
``(iii) to create a preference for one recreational use for
any unit of the System, without consideration of the stated
purpose of the unit.''.
(d) National Forest System Lands.--Section 15 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1613) is
amended--
(1) by inserting ``(a)'' before ``Regulations''; and
(2) by adding at the end the following new subsection:
``(b) Use and Access of Pack and Saddle Animals.--
``(1) General rule.--The Secretary shall provide for the
management of National Forest System lands to preserve and
facilitate the continued use and access of pack and saddle
stock animals on such lands, including wilderness areas,
national monuments, and other specifically designated areas,
where there is a historical tradition of such use. As a general
rule, all trails, routes, and areas used by pack and saddle
stock shall remain open and accessible for such use. The
Secretary may implement a proposed reduction in the use and
access of pack and saddle stock animals on such lands only
after complying with the full review process required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(2) Rules of construction.--Nothing in paragraph (1)
shall be construed--
``(A) to authorize the Secretary to refuse to issue
a permit for a new use of pack and saddle stock
animals, including use by a commercial outfitter or
guide, without complying with applicable resource
management plans and planning processes required under
this Act or any other provision of law;
``(B) to limit the authority of the Secretary to
impose a temporary emergency closure of a trail, route,
or area to pack and saddle stock animals or issue
special permits; or
``(C) to create a preference for one recreational
use for any unit of the National Forest System, without
consideration of the stated purpose of the unit.''.
(e) Issuance of Rules.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture shall issue final rules to define the meaning
of a historical tradition of use of pack and saddle stock animals on
Federal lands for purposes of the amendments made by this section.
Passed the House of Representatives September 21, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Right-to-Ride Livestock on Federal Lands Act of 2004 - Amends Public Law 91-383 to direct the Secretary of the Interior to preserve and facilitate the continued use and access of pack and saddle stock animals on parts of National Park System lands where there is a historical tradition of such use. Directs that as a general rule, all trails, routes, and areas used by such animals shall remain open and accessible for such use. Allows the Secretary of the Interior to implement a proposed reduction in the use and access of pack and saddle stock animals on such lands only after complying with the full review process required under the National Environmental Policy Act of 1969. Makes the same amendments to other laws regarding other public lands as follows: (1) the Federal Land Policy and Management Act of 1976, with respect to Bureau of Land Management lands; (2) the National Wildlife Refuge System Administration Act of 1966, with respect to National Wildlife Refuge System lands; and (3) the Forest and Rangeland Renewable Resources Planning Act of 1974, with respect to National Forest System lands (with the Secretary directed to act in this case being the Secretary of Agriculture).
Prohibits: (1) the Secretary from refusing to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under each such law regarding public lands described above or any other provision of law; (2) limiting the Secretary's authority to impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals or issue special permits; or (3) creating a preference for one recreational use for any unit of the National Park System, without consideration of the unit's stated purpose.
Directs the Secretaries of the Interior and Agriculture to issue final rules to define the meaning of a historical tradition of use of pack and saddle stock animals on Federal lands for purposes of this Act. | {"src": "billsum_train", "title": "To preserve the use and access of pack and saddle stock animals on public lands, including wilderness areas, national monuments, and other specifically designated areas, administered by the National Park Service, the Bureau of Land Management, the United States Fish and Wildlife Service, or the Forest Service where there is a historical tradition of such use, and for other purposes."} | 1,695 | 415 | 0.800032 | 2.403417 | 0.818177 | 5.979275 | 4.059585 | 0.917098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Municipal Solid Waste
Control Act''.
SEC. 2. INTERSTATE TRANSPORTATION OF NONHAZARDOUS SOLID WASTE.
Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)
is amended by adding the following new section at the end thereof:
``SEC. 4011. INTERSTATE TRANSPORTATION OF NONHAZARDOUS SOLID WASTE.
``(a) Authority To Limit Quantity in Existing Facilities.--
``(1) Limit based on prior years.--The Governor of a State
may limit the quantity of out-of-State municipal solid waste
received for disposal at each landfill or incinerator in the
State to an annual quantity equal to the quantity of out-of-
State municipal solid waste received for disposal at the
landfill or incinerator during the calendar year 1990, 1991, or
1992, whichever is less.
``(2) 30 percent limit.--The Governor of a State may limit
the quantity of out-of-State municipal solid waste received for
disposal at a landfill or incinerator in the State to an annual
quantity not greater than 30 percent of all municipal solid
waste received at that landfill or incinerator during calendar
year 1990, 1991, or 1992, whichever is less, if, during
calendar year 1990, 1991, or 1992, that landfill or incinerator
received documented shipments of more than 50,000 tons of out-
of-State municipal solid waste representing more than 30
percent of all municipal solid waste received at the landfill
or incinerator during the calendar year concerned.
``(3) Authority to further limit.--Beginning with calendar
year 1995, the Governor of a State may limit the disposal of
out-of-State municipal solid waste at landfills or incinerators
in the State by reducing the 30 percent annual quantity
limitation in paragraph (2) to 20 percent in each of calendar
years 1996 and 1997, and to 10 percent in each succeeding
calendar year.
``(b) Authority To Prohibit Out-of-State Municipal Solid Waste
Disposal at Certain Landfills and Incinerators.--
``(1) New landfills and incinerators.--The Governor of a
State may prohibit the disposal of out-of-State municipal solid
waste in any new landfill or new incinerator in the State.
``(2) Landfills not complying with certain laws.--The
Governor of a State may prohibit the disposal of out-of-State
municipal solid waste in any landfill that does not meet all
applicable Federal and State laws (including any Federal or
State rule or regulation) relating to design and location
standards, leachate collection, ground water monitoring, and
financial assurance for closure and post-closure and corrective
action.
``(3) Incinerators not complying with certain laws.--The
Governor of a State may prohibit the disposal of out-of-State
municipal solid waste in any incinerator that does not comply
with section 129 of the Clean Air Act (42 U.S.C. 7429) and meet
all applicable Federal and State laws (including any Federal or
State rule or regulation) relating to facility design,
operations, and emissions.
``(c) Industrial Solid Waste Disposed of at Certain Landfills or
Incinerators.--A Governor may treat any out-of-State industrial solid
waste as out-of-State municipal solid waste for purposes of this
section if it is disposed of at a landfill or incinerator that receives
municipal solid waste.
``(d) Authority of Counties.--The government of any county may
exercise within the county the same authority as that provided to the
Governor under subsections (a), (b), and (c) with respect to out-of-
State municipal or industrial solid waste, except that in applying
subsection (a)(2) in the case of a county, the reference to 30 percent
shall be treated as a reference to 20 percent. In any case in which
both a county and the State in which such county is located have acted
to establish prohibitions or limitations, or both, under subsection
(a), (b), or (c), or any combination thereof, the most restrictive of
such prohibitions or limitations shall govern in that county.
``(e) Applicability and Discrimination Provisions.--Any limitation
imposed by a Governor under subsection (a)(1), (b), or (c) shall be
applicable throughout the State and shall not discriminate against any
shipments of out-of-State solid waste on the basis of State of origin.
Any limitation imposed by a county under subsection (d) shall be
applicable throughout the county and shall not discriminate against any
shipments of out-of-State solid waste on the basis of State of origin.
``(f) Determination of Quantity.--(1) Any Governor who intends to
exercise the authority provided in subsection (a) shall, within 150
days after the effective date of this section, submit to the
Administrator information documenting the quantity of out-of-State
municipal solid waste received for disposal at each landfill and
incinerator in the State during calendar years 1990, 1991 and 1992. Any
county which intends to exercise the authority provided in subsection
(d) shall, within 120 days after the effective date of this section,
submit to the Governor information documenting the quantity of out-of-
State municipal solid waste received for disposal at each landfill and
incinerator in the county during calendar years 1990, 1991, and 1992,
and the Governor shall transmit such information to the Administrator.
``(2) On receipt of the information submitted pursuant to paragraph
(1), the Administrator shall notify the Governor of each State and the
public and shall provide a comment period of not less than 30 days.
``(3) Not later than 210 days after the effective date of this
section, the Administrator shall publish a list of the quantity of out-
of-State municipal solid waste that was received during calendar years
1990, 1991 and 1992, at each landfill and incinerator in each State in
which the Governor intends to exercise the authority provided in
subsection (a) and at each landfill and incinerator in each county
which intends to exercise the authority provided in subsection (d).
``(g) Authority To Restrict In-State Municipal Solid Waste
Exports.--(1) Except as provided in paragraph (2), a Governor of a
State may limit or prohibit the exportation outside the State of
municipal solid waste generated in the State, in accordance with the
comprehensive waste management plan of the affected local solid waste
planning unit, or, if such a plan does not exist, in accordance with
State law.
``(2) A Governor may not limit or prohibit the exportation of
materials consisting solely of materials that have been separated from
municipal solid waste for recycling.
``(h) Reporting Requirements.--The Governor of each State
exercising any authority under subsection (a), (b) or (c) shall submit
a report to the Administrator not less frequently than annually
documenting the quantities of out-of-State municipal and industrial
solid waste disposed of in landfills and incinerators in that State
which accept municipal solid waste. Each county exercising any
authority under subsection (d) shall submit a report to the State not
less frequently than annually documenting the quantities of out-of-
State municipal and industrial solid waste disposed of in landfills and
incinerators in that county which accept municipal solid waste, and the
State shall submit such report to the Administrator. Each such report
shall specify the percentage of the total amount of solid waste
disposed of in each such landfill and incinerator that is comprised of
such out-of-State municipal and industrial solid waste.
``(i) Exemptions.--The provisions of this section shall not apply
to the following:
``(1) Material to be recycled, reclaimed, or reused.--Any
metal, pipe, glass, plastic, paper, textile, or other material
that has been separated or diverted from municipal solid waste
and has been transported into the State for the purpose of
recycling or reclamation and any material or product returned
from a dispenser or distributor to the manufacturer for credit,
evaluation, or possible reuse. This paragraph shall not apply
to any material disposed of in a landfill or incinerator.
``(2) Internal disposal.--Any solid waste that is generated
by an industrial facility and transported for the purpose of
treatment, storage, or disposal to a facility that is owned or
operated by the generator of the waste, or is located on
property owned by the generator or any affiliated person.
``(3) Air transportation waste.--Any solid waste generated
incident to the provision of service in interstate, intrastate,
foreign, or overseas air transportation.
``(j) Definitions.--For purposes of this section:
``(1) New landfill.--The term `new landfill' means any
landfill or portion thereof other than an existing landfill.
``(2) Existing landfill.--The term `existing landfill'
means either of the following:
``(A) A landfill or portion thereof authorized to
receive waste under a permit under State law was issued
before the enactment of this section; and which
received shipments of out-of-State municipal solid
waste during calendar year 1990, 1991, or 1992.
``(B) A proposed landfill or portion thereof that,
prior to January 1, 1993, received both of the
following:
``(i) An approval from either the affected
local government or the local solid waste
planning unit to receive municipal solid waste
generated outside the jurisdiction of the
affected local government, the solid waste
planning unit, or the State in which the
landfill is located.
``(ii) A notice of decision from the State
to grant a construction permit.
``(3) New incinerator.--The term `new incinerator' means
any incinerator other than an existing incinerator.
``(4) Existing incinerator.--The term `existing
incinerator' means an incinerator in operation on the date of
enactment of this section that received, during calendar year
1990, 1991, or 1992 documented shipments of out-of-State
municipal solid waste.
``(5) Out-of-state waste.--The term `out-of-State waste'
means, with respect to a State, waste generated outside of the
State. With respect to a county, such term means waste
generated outside of the State in which such county is located.
Such term includes waste generated outside of the United
States.
``(6) Municipal solid waste.--The term `municipal solid
waste' means refuse (and refuse-derived fuel) generated by the
general public or from a residential, commercial,
institutional, or industrial source (or any combination
thereof), consisting of paper, wood, yard wastes, plastics,
leather, rubber, or other combustible or noncombustible
materials such as metal or glass (or any combination thereof).
The term does not include any of the following:
``(A) Any solid waste identified or listed as a
hazardous waste under section 3001.
``(B) Any solid waste, including contaminated soil
and debris, resulting from a response action taken
under section 104 or 106 of the Comprehensive
Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9604 or 9606) or a corrective action taken
under this Act.
``(C) Any medical waste that is segregated from or
not mixed with municipal solid waste.
``(7) Industrial solid waste.--The term `industrial solid
waste' means solid waste generated from manufacturing or
industrial processing operations that is not identical to
municipal solid waste with respect to the physical and chemical
state of the waste and the composition of the waste. The term
includes construction and demolition debris.
``(8) Affiliated person.--The term `affiliated person'
means, with respect to the generator of any solid waste, any
person which controls, is controlled by, or is under common
control with the generator.''.
SEC. 3. TABLE OF CONTENTS AMENDMENT.
The table of contents of the Solid Waste Disposal Act is amended by
adding at the end of the items relating to subtitle D the following new
item:
``Sec. 4011. Interstate transportation of nonhazardous solid waste.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date 6
months after enactment. | Interstate Municipal Solid Waste Control Act - Amends the Solid Waste Disposal Act to authorize State Governors to limit the quantity of out-of-State municipal solid waste (MSW) received for disposal at landfills or incinerators to an annual quantity equal to that received during 1990, 1991, or 1992, whichever is less. Limits the quantity of out-of-State MSW received to an annual quantity no greater than 30 percent of all MSW received in 1990, 1991, or 1992, whichever is less, if, during such year, the landfill or incinerator received documented shipments of more than 50,000 tons of out-of-State MSW representing more than 30 percent of all MSW received during the calendar year concerned. Provides for further limits in 1995 through 1997.
Authorizes State Governors to prohibit the disposal of out-of-State MSW in: (1) new landfills or incinerators; or (2) landfills or incinerators that do not meet certain requirements of Federal and State laws.
Permits State Governors to treat any out-of-State industrial solid waste as out-of-State MSW if it is disposed of at a landfill or incinerator that receives MSW.
Authorizes counties to exercise the same authorities with respect to out-of-State MSW as State Governors, except that the 30 percent limitation described in this Act shall be 20 percent.
Prohibits discrimination against shipments of out-of-State solid waste on the basis of State of origin.
Authorizes a State Governor to limit or prohibit the exportation outside the State of MSW generated in the State, except for materials that have been separated from MSW for recycling.
Exempts from the requirements of this Act: (1) material that has been separated or diverted from MSW and has been transported into the State for purposes of recycling and any material returned from a dispenser or distributor to the manufacturer for credit, evaluation, or reuse (this section does not apply to material disposed of in a landfill or incinerator); (2) solid waste generated by an industrial facility and transported for purposes of treatment, storage, or disposal to a facility owned or operated by the waste generator; and (3) solid waste generated incident to the provision of air transportation. | {"src": "billsum_train", "title": "Interstate Municipal Solid Waste Control Act"} | 2,748 | 497 | 0.742748 | 2.130283 | 0.846015 | 5.550691 | 5.85023 | 0.910138 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Teacher Training Act of
1999''.
SEC. 2. GRANTS FOR CLASSROOM-RELATED COMPUTER TRAINING FOR TEACHERS.
(a) In General.--The Secretary of Education, through the Office of
Educational Technology established under section 216 of the Department
of Education Organization Act (20 U.S.C. 3425), may award grants on a
competitive basis to local educational agencies (as defined in section
14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)) to assist such agencies in providing intensive classroom-related
computer training for teachers.
(b) Minimum Grant Amount.--A grant awarded pursuant to subsection
(a) shall be for not less than $10,000,000.
(c) Requirements of Grant.--A grant awarded pursuant to subsection
(a) shall provide that--
(1) the grantee will enter into a contract with an
institution of higher education or another nonprofit
educational provider (hereafter in this section referred to as
the ``contractor'') under which the contractor will agree to
establish, operate, and provide the non-Federal share of the
cost of a teacher training program described in such
subsection;
(2) funds made available by the Secretary to the grantee
pursuant to any contract entered into under this section will
be used to pay the Federal share of the cost of establishing
and operating a teacher training program as provided in
paragraph (1); and
(3) the grantee will meet such other conditions and
standards as the Secretary determines to be necessary to assure
compliance with the provisions of this section and will provide
such technical assistance as may be necessary to carry out the
provisions of this section.
(d) Teacher Training Programs.--The teacher training programs
authorized in subsection (a)--
(1) shall be conducted during the school year and during
the summer months;
(2) shall train teachers who teach grades kindergarten
through college;
(3) shall select teachers to become members of a teacher
network whose members will conduct workshops for other teachers
employed by the local educational agency; and
(4) shall encourage teachers from all disciplines to
participate in such teacher training programs.
(e) Supplement and not Supplant.--Grants awarded pursuant to this
section shall be used to supplement and not supplant State and local
funds available for the purpose set forth in subsection (a).
SEC. 3. INCOME TAX CREDIT FOR TECHNOLOGY-RELATED PROFESSIONAL
DEVELOPMENT FOR TEACHERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. TECHNOLOGY-RELATED PROFESSIONAL DEVELOPMENT EXPENSES OF
TEACHERS.
``(a) Allowance of Credit.--In the case of an eligible teacher,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the qualified
technology-related expenses paid or incurred by the taxpayer during
such taxable year.
``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed $1,000 with respect to each eligible
teacher.
``(c) Eligible Teacher.--For purposes of this section, the term
`eligible teacher' means any individual--
``(1) who, at the time the expense is paid or incurred, is
a full-time teacher for any of grades K-12 in the United
States, or
``(2) who reasonably expects to be such a full-time teacher
for the academic year beginning in the taxable year in which
such expense is paid or incurred.
``(d) Qualified Technology-Related Expenses.--
``(1) In general.--For purposes of this section, the term
`qualified technology-related expenses' means expenses--
``(A) which would (but for subsection (e)) be
allowed as a deduction under this chapter by reason of
being related to teaching activities referred to in
subsection (c), and
``(B) which are for training in the use of
technology (including computers) in the classroom.
``(2) Computers included.--Such term includes the cost of
any computer or technology equipment (as defined in section
170(e)(6)(F)) if at least 50 percent of the use of which
(whether or not in the classroom) is related to teaching
activities as an eligible teacher.
``(e) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any expense for which a credit is allowed under
this section.
``(f) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply to any taxable year.''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25A the
following new item:
``Sec. 25B. Technology-related
professional development
expenses of teachers.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. EXPANSION OF DEDUCTION FOR COMPUTER DONATIONS TO SCHOOLS AND
PUBLIC LIBRARIES.
(a) Expansion of Computer Donations to Public Libraries.--
(1) In general.--Paragraph (6) of section 170(e) of the
Internal Revenue Code of 1986 (relating to special rule for
contributions of computer technology and equipment for
elementary or secondary school purposes) is amended by striking
``qualified elementary or secondary educational contribution''
each place it occurs in the headings and text and inserting
``qualified computer contribution''.
(2) Qualified computer contribution defined.--Subclause
(II) of section 170(e)(6)(B)(i) of such Code (relating to
qualified elementary or secondary educational contribution) is
amended by striking ``or'' at the end of subclause (I), by
inserting ``or'' at the end of subclause (II), and by inserting
after subclause (II) the following new subclause:
``(III) a public library (within
the meaning of section 213(2)(A) of the
Library Services and Technology Act (20
U.S.C. 9122(2)(A)), as in effect on the
date of the enactment of the New
Millennium Classrooms Act, established
and maintained by an entity described
in subsection (c)(1).''.
(3) Conforming amendment.--The heading of paragraph (6) of
section 170(e) of such Code is amended by striking ``elementary
or secondary school purposes'' and inserting ``school and
library purposes''.
(b) Extension of Age of Eligible Computers.--Clause (ii) of section
170(e)(6)(B) of such Code (defining qualified elementary or secondary
educational contribution) is amended--
(1) by striking ``2 years'' and inserting ``3 years'', and
(2) by striking ``date'' the first place it appears and all
that follows and inserting the following:
``date--
``(I) the taxpayer acquired or
reacquired the property,
``(II) construction of the property
is substantially completed in the case
of property constructed by the taxpayer
for its own use in its trade or
business and which is not inventory
with respect to the taxpayer, or
``(III) the property was originally
sold, leased, or otherwise disposed of
by the taxpayer in the case of property
reacquired by the taxpayer.''.
(c) Reacquired Computers Eligible for Donation.--Clause (iii) of
section 170(e)(6)(B) of such Code (defining qualified elementary or
secondary educational contribution) is amended by inserting ``, the
person from whom the donor reacquires the property,'' after ``the
donor''.
(d) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years ending after the date of
the enactment of this Act.
SEC. 5. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45D. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC
LIBRARIES.
``(a) General Rule.--For purposes of section 38, the school and
public library computer donation credit determined under this section
is an amount equal to 30 percent of the qualified computer
contributions made by the taxpayer during the taxable year.
``(b) Increased Percentage for Contributions to Schools or Public
Libraries in Empowerment Zones, Enterprise Communities, and Indian
Reservations.--In the case of a qualified computer contribution to an
educational organization, public library, or entity located in an
empowerment zone or enterprise community designated under section 1391
or an Indian reservation (as defined in section 168(j)(6)), subsection
(a) shall be applied by substituting `50 percent' for `30 percent'.
``(c) Limitation.--No credit shall be allowed under subsection (a)
for the contribution of a computer (as defined in section
168(i)(2)(B)(ii)) if the computer software (as defined in section
197(e)(3)(B)) that serves as the operating system of such computer has
not been lawfully installed.
``(d) Qualified Computer Contribution.--For purposes of this
section, the term `qualified computer contribution' has the meaning
given such term by section 170(e)(6)(B).
``(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of paragraphs (1) and (2) of section 41(f)
shall apply.
``(f) Termination.--This section shall not apply to taxable years
beginning on or after the date which is 3 years after the date of the
enactment of the ____ Act of 1999.''
(b) Current Year Business Credit Calculation.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (11), by striking the period
at the end of paragraph (12) and inserting ``, plus'', and by adding at
the end the following:
``(13) the school and public library computer donation
credit determined under section 45D(a).''.
(c) Disallowance of Deduction by Amount of Credit.--Section 280C of
such Code (relating to certain expenses for which credits are
allowable) is amended by adding at the end the following:
``(d) Credit for School and Public Library Computer Donations.--No
deduction shall be allowed for that portion of the qualified computer
contributions (as defined in section 170(e)(6)(B)) made during the
taxable year that is equal to the amount of credit determined for the
taxable year under section 45D(a). In the case of a corporation which
is a member of a controlled group of corporations (within the meaning
of section 52(a)) or a trade or business which is treated as being
under common control with other trades or businesses (within the
meaning of section 52(b)), this subsection shall be applied under rules
prescribed by the Secretary similar to the rules applicable under
subsections (a) and (b) of section 52.''
(d) Limitation on Carryback.--Subsection (d) of section 39 of such
Code (relating to carryback and carryforward of unused credits) is
amended by adding at the end the following:
``(9) No carryback of school and public library computer
donation credit before effective date.--No amount of unused
business credit available under section 45D may be carried back
to a taxable year beginning on or before the date of the
enactment of this paragraph.''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45C the following:
``Sec. 45D. Credit for computer donations
to schools and public
libraries.''
(f) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after the date
of the enactment of this Act. | 21st Century Teacher Training Act of 1999 - Authorizes the Secretary of Education, through the Office of Educational Technology, to award competitive grants to local educational agencies (LEAs) to provide intensive classroom-related computer training for teachers.
Requires grantees to enter into contracts with institutions of higher education or other nonprofit educational providers under which the contractor will establish, operate, and provide the non-Federal share of the cost of such teacher training programs.
Requires such teacher training programs to: (1) be conducted during the school year and during the summer months; (2) train teachers who teach grades kindergarten through college; (3) select teachers to become members of a teacher network whose members will conduct workshops for other teachers employed by the LEA; and (4) encourage teachers from all disciplines to participate.
Amends the Internal Revenue Code to establish a personal income tax credit of up to $1,000 for technology-related professional development expenses for eligible teachers.
Provides such credit for qualified technology expenses which: (1) would be allowed as a deduction for being related to teaching activities (but prohibits a double benefit of both deduction and credit for the same expense); and (2) are for training in the use of technology in the classroom. Includes among such expenses the cost of any computer or technology equipment that is used at least 50 percent for teaching-related activities.
Expands the deduction for computer donations to include donations to public libraries, as well as to schools.
Establishes a business-related tax credit for donations of computers to schools and public libraries. | {"src": "billsum_train", "title": "21st Century Teacher Training Act of 1999"} | 2,880 | 322 | 0.671146 | 1.993516 | 0.852812 | 3.902597 | 8.055195 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vaccines for the Future Act of
2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) AIDS.--The term ``AIDS'' has the meaning given the term
in section 104A(g) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151b-2).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives.
(3) Developing country.--The term ``developing country''
means a country that the World Bank determines to be a country
with a lower middle income or less.
(4) HIV/AIDS.--The term ``HIV/AIDS'' has the meaning given
the term in section 104A(g) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151b-2).
(5) GAVI alliance.--The term ``GAVI Alliance'' means the
public-private partnership launched in 2000 for the purpose of
saving the lives of children and protecting the health of all
people through the widespread use of vaccines.
(6) Neglected disease.--The term ``neglected disease''
means--
(A) HIV/AIDS;
(B) malaria;
(C) tuberculosis; or
(D) any infectious disease that, according to the
World Health Organization, afflicts over 1,000,000
people and causes more than 250,000 deaths each year in
developing countries.
(7) World bank.--The term ``World Bank'' means the
International Bank for Reconstruction and Development.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Immunization is an inexpensive and effective public
health intervention that has had a profound life-saving impact
around the world.
(2) During the 20th century, global immunization efforts
have successfully led to the eradication of smallpox and the
elimination of polio from the Western Hemisphere, Europe, and
most of Asia. Vaccines for diseases such as measles and tetanus
have dramatically reduced childhood mortality worldwide, and
vaccines for diseases such as influenza, pneumonia, and
hepatitis help prevent sickness and death of adults as well as
children.
(3) According to the World Health Organization, combined,
AIDS, tuberculosis, and malaria kill more than 5,000,000 people
a year, most of whom are in the developing world, yet there are
no vaccines for these diseases.
(4) Other, less well-known neglected diseases, such as
pneumococcal disease, lymphatic filariasis, leptospirosis,
leprosy, and onchocerciasis, result in severe health
consequences for individuals afflicted with them, such as
anemia, blindness, malnutrition and impaired childhood growth
and development. In addition, these diseases result in lost
productivity in developing countries costing in the billions of
dollars.
(5) Infants, children, and adolescents are among the
populations hardest hit by AIDS, malaria, and many other
neglected diseases. Nearly 11,000,000 children under age 5 die
each year due to these diseases, primarily in developing
countries. Existing and future vaccines that target children
could prevent more than 2,500,000 of these illnesses and
deaths.
(6) The devastating impact of neglected diseases in
developing countries threatens the political and economic
stability of these countries and constitutes a threat to United
States economic and security interests.
(7) Of more than $100,000,000,000 spent on health research
and development across the world, only $6,000,000,000 is spent
each year on diseases that are specific to developing
countries, most of which is from public and philanthropic
sources.
(8) Despite the devastating impact these and other diseases
have on developing countries, it is estimated that only 10
percent of the world's research and development on health is
targeted on diseases affecting 90 percent of the world's
population.
(9) Because the developing country market is small and
unpredictable, there is an insufficient private sector
investment in research for vaccines for neglected diseases that
disproportionately affect populations in developing countries.
(10) Creating a broad range of economic incentives to
increase private sector research on neglected diseases is
critical to the development of vaccines for neglected diseases.
(11) In recognition of the need for more economic
incentives to encourage private sector investment in vaccines
for neglected diseases, an international group of health,
technical, and economic experts has developed a framework for
an advance market commitment pilot program for pneumococcal
vaccines. Pneumococcal disease, a cause of pneumonia and
meningitis, kills 1,600,000 people every year, an estimated
1,000,000 of whom are children under age 5. This pilot program
will seek to stimulate investments to develop and produce
pneumococcal vaccines that could prevent between 500,000 and
700,000 deaths by the year 2020.
(12) On February 9, 2007, 5 countries, Britain, Canada,
Italy, Norway, and Russia, together with the Bill and Melinda
Gates Foundation, pledged, under a plan called an Advance
Market Commitment, to purchase pneumococcal vaccines now under
development. Together, these countries and the Bill and Melinda
Gates Foundation have committed $1,500,000,000 for this
program. Experts believe that this initiative could accelerate
by a decade the widespread use of such a vaccine in the
developing world and could prevent the deaths of an estimated
5,400,000 children by 2030.
SEC. 4. SENSE OF CONGRESS ON SUPPORT FOR NEGLECTED DISEASES.
It is the sense of Congress that--
(1) the President should continue to encourage efforts to
support the Global HIV Vaccine Enterprise, a virtual consortium
of scientists and organizations committed to accelerating the
development of an effective HIV vaccine;
(2) the United States should work with the Global Fund to
Fight AIDS, Tuberculosis and Malaria, the Joint United Nations
Programme on HIV/AIDS (``UNAIDS''), the World Health
Organization, the International AIDS Vaccine Initiative, the
GAVI Alliance, and the World Bank to ensure that all countries
heavily affected by the HIV/AIDS pandemic have national AIDS
vaccine plans;
(3) the United States should support and encourage the
carrying out of the agreements of the Group of 8 made at the
2005 Summit at Gleneagles, Scotland, to increase direct
investment and create market incentives, including through
public-private partnerships and advance market commitments, to
complement public research in the development of vaccines,
microbicides, and drugs for HIV/AIDS, malaria, tuberculosis,
and other neglected diseases;
(4) the United States should support the development of
effective vaccines for infants, children, and adolescents as
early as is medically and ethically appropriate, in order to
avoid significant delays in the availability of pediatric
vaccines at the cost of thousands of lives;
(5) the United States should continue supporting the work
of the GAVI Alliance and the Global Fund for Children's
Vaccines as appropriate and effective vehicles to purchase and
distribute vaccines for neglected diseases at an affordable
price once such vaccines are discovered in order to distribute
them to the developing world;
(6) the United States should work with others in the
international community to address the multiple obstacles to
the development of vaccines for neglected diseases including
scientific barriers, insufficient economic incentives,
protracted regulatory procedures, lack of delivery systems for
products once developed, liability risks, and intellectual
property rights; and
(7) the United States should contribute to the pilot
Advance Market Commitment for pneumococcal vaccines launched in
Rome on February 9, 2007, which could prevent some 500,000 to
700,000 child deaths by the year 2020 and an estimated
5,400,000 child deaths by 2030.
SEC. 5. PUBLIC-PRIVATE PARTNERSHIPS.
(a) Findings.--Congress makes the following findings:
(1) Partnerships between governments and the private sector
(including foundations, universities, corporations, community-
based organizations, and other nongovernmental organizations)
are playing a critical role in the area of global health,
particularly in the fight against neglected diseases, including
HIV/AIDS, tuberculosis, and malaria.
(2) These public-private partnerships improve the delivery
of health services in developing countries and accelerate
research and development of vaccines and other preventive
medical technologies essential to combating infectious diseases
that disproportionately kill people in developing countries.
(3) These public-private partnerships maximize the unique
capabilities of each sector while combining financial and other
resources, scientific knowledge, and expertise toward common
goals which cannot be achieved by either sector alone.
(4) Public-private partnerships such as the International
AIDS Vaccine Initiative, PATH's Malaria Vaccine Initiative, and
the Global TB Drug Facility are playing cutting edge roles in
the efforts to develop vaccines for these diseases.
(5) Public-private partnerships serve as incentives to the
research and development of vaccines for neglected diseases by
providing biotechnology companies, which often have no
experience in developing countries, with technical assistance
and on the ground support for clinical trials of the vaccine
through the various stages of development.
(6) Sustaining existing public-private partnerships and
building new ones where needed are essential to the success of
the efforts by the United States and others in the
international community to find a cure for these and other
neglected diseases.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the sustainment and promotion of public-private
partnerships must be a central element of the strategy pursued
by the United States to create effective incentives for the
development of vaccines and other preventive medical
technologies for neglected diseases debilitating the developing
world; and
(2) the United States Government should take steps to
address the obstacles to the development of these technologies
by increasing investment in research and development and
establishing market and other incentives.
SEC. 6. COMPREHENSIVE STRATEGY FOR ACCELERATING THE DEVELOPMENT OF
VACCINES FOR NEGLECTED DISEASES.
(a) Requirement for Strategy.--The President shall establish a
comprehensive strategy to accelerate efforts to develop vaccines and
microbicides for neglected diseases such as HIV/AIDS, malaria, and
tuberculosis. Such strategy shall--
(1) expand public-private partnerships and seek to leverage
resources from other countries and the private sector;
(2) include the negotiation of advance market commitments
and other initiatives to create economic incentives for the
research, development, and manufacturing of vaccines and
microbicides for HIV/AIDS, tuberculosis, malaria, and other
neglected diseases;
(3) address intellectual property issues surrounding the
development of vaccines and microbicides for neglected
diseases;
(4) maximize United States capabilities to support clinical
trials of vaccines and microbicides in developing countries;
(5) address the issue of regulatory approval of such
vaccines and microbicides, whether through the Commissioner of
the Food and Drug Administration, or the World Health
Organization, or another entity; and
(6) expand the purchase and delivery of existing vaccines.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the President shall submit to the appropriate congressional
committees a report setting forth the strategy described in subsection
(a) and the steps to implement such strategy.
SEC. 7. ADVANCE MARKET COMMITMENTS.
(a) Purpose.--The purpose of this section is to improve global
health by creating a competitive market for future vaccines through
advance market commitments.
(b) Authority to Negotiate.--
(1) In general.--The Secretary of the Treasury shall enter
into negotiations with the appropriate officials of the World
Bank, the International Development Association, and the GAVI
Alliance, the member nations of such entities, and other
interested parties for the purpose of establishing advance
market commitments to purchase vaccines and microbicides to
combat neglected diseases.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the status of
the negotiations to create advance market commitments under
this section. This report may be submitted as part of the
report submitted under section 6(b).
(c) Requirements.--The Secretary of the Treasury shall work with
the entities referred to in subsection (b) to ensure that there is an
international framework for the establishment and implementation of
advance market commitments and that such commitments include--
(1) legally binding contracts for product purchase that
include a fair market price for a guaranteed number of
treatments to ensure that the market incentive is sufficient;
(2) clearly defined and transparent rules of competition
for qualified developers and suppliers of the product;
(3) clearly defined requirements for eligible vaccines to
ensure that they are safe and effective;
(4) dispute settlement mechanisms; and
(5) sufficient flexibility to enable the contracts to be
adjusted in accord with new information related to projected
market size and other factors while still maintaining the
purchase commitment at a fair price.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary for each of fiscal years 2009
through 2014 to fund an advance market commitment pilot program
for pneumococcal vaccines.
(2) Availability.--Amounts appropriated pursuant to this
subsection shall remain available until expended without fiscal
year limitation. | Vaccines for the Future Act of 2007 - Directs the President to establish a comprehensive strategy to accelerate efforts to develop vaccines and microbicides for neglected diseases such as HIV/AIDS, malaria, and tuberculosis.
States that such strategy shall: (1) expand public-private partnerships and seek to leverage foreign country and private sector resources; (2) include the negotiation of advance market commitments and other economic incentives for the research, development, and manufacturing of vaccines and microbicides for HIV/AIDS, tuberculosis, malaria, and other neglected diseases; (3) address related intellectual property and regulatory issues; (4) maximize U.S. capabilities to support clinical trials of vaccines and microbicides in developing countries; and (5) expand the purchase and delivery of existing vaccines.
Directs the Secretary of the Treasury to enter into negotiations with the World Bank, the International Development Association, the GAVI Alliance, such entities' member nations, and other interested parties to establish advance market commitments to purchase vaccines and microbicides to combat neglected diseases. (Defines "GAVI Alliance" as the public-private partnership launched in 2000 for the purpose of saving children and protecting all people through the widespread use of vaccines.) | {"src": "billsum_train", "title": "A bill to accelerate efforts to develop vaccines for diseases primarily affecting developing countries and for other purposes."} | 2,912 | 263 | 0.521985 | 1.533388 | 0.668699 | 6.19214 | 11.703057 | 0.969432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Premiums Through Reinsurance
Act of 2017''.
SEC. 2. INVISIBLE HIGH-RISK POOL AND REINSURANCE PROGRAMS.
Section 1332 of the Patient Protection and Affordable Care Act (42
U.S.C. 18052) is amended--
(1) by adding at the end the following:
``(f) High-Risk Pools and Reinsurance Programs.--
``(1) In general.--
``(A) Application.--Any State may apply to the
Secretary for approval to use the funding described in
subparagraph (B) to support an invisible high-risk pool
or reinsurance program that is described in paragraph
(2). The Secretary shall approve a State application
under this subparagraph with respect to any program
that--
``(i) meets the requirements of
subparagraph (A), (B), (C), or (D) of paragraph
(2); and
``(ii) meets the requirements of
subparagraphs (A) through (D) of subsection
(b)(1).
``(B) Funding.--If a State application under
subparagraph (A) is approved, the State may fund such
invisible high-risk pool or reinsurance program using
one or both of the following:
``(i) Amounts received through a grant
described in subparagraph (C).
``(ii) With respect to a State that has
received a waiver under this section, all of,
or a portion of, the payments made to the State
as described in subsection (a)(3), consistent
with the information the State provides under
subsection (a)(1)(B)(iii).
``(C) Federal funding for invisible high-risk pool
and reinsurance programs.--There are authorized to be
appropriated, and there are appropriated, to the
Secretary, out of monies in the Treasury not otherwise
obligated, $2,250,000,000 for each of fiscal years 2018
and 2019, to remain available until expended, for
purposes of awarding grants to States to support the
establishment or maintenance of invisible high-risk
pool and reinsurance programs that meet the
requirements of paragraph (2). Any funds provided under
this subparagraph shall not be considered in
determining under subparagraph (A)(ii) whether the
State plan increases the Federal deficit.
``(2) Program design.--An invisible high-risk pool or
reinsurance program described in this paragraph is a program
that meets one of the following requirements:
``(A) An invisible high-risk pool under which
health insurance issuers, with respect to designated
high-risk individuals enrolled in health insurance
coverage offered in the individual market, cede risk to
the pool, without affecting the premium paid by the
designated individuals or their terms of coverage. With
respect to such pool, the State, or an entity operating
the pool on behalf of the State, shall establish--
``(i) the premium amount the ceding insurer
shall pay to the reinsurance pool;
``(ii) the applicable attachment points or
coinsurance percentages if the ceding insurer
retains any portion of the risk under ceded
policies; and
``(iii) the mechanism by which high-risk
individuals are designated for cession to the
pool, which may include a risk of designated
high-cost health conditions.
``(B) A reinsurance program that assumes a portion
of the risk for high-cost claims within the State in a
manner substantially similar to the reinsurance program
that operated in the State in accordance with section
1341.
``(C) A new reinsurance program established by the
State.
``(D) A program based on another State's
reinsurance program--
``(i) described in subparagraph (A), (B),
or (C), for which an application has been
approved under this subsection; or
``(ii) which was implemented prior to
September 1, 2017, and which the Secretary
determines meets the requirements of
subparagraph (A).
``(3) Expedited approval.--
``(A) In general.--The Secretary shall provide an
expedited approval process for an application under
paragraph (1)(A)--
``(i) with respect to an invisible high-
risk pool or reinsurance program described in
subparagraph (A), (B), or (D) of paragraph (2);
or
``(ii) that uses a template form designed
by the Administrator of the Centers for
Medicare & Medicaid Services, in consultation
with the Secretary of the Treasury, for an
application based on a program that is the same
or substantially the same as a program
implemented in accordance with an application
previously approved under this subsection.
``(B) Timeframe.--The Secretary shall make a
determination on an application eligible for expedited
review under subparagraph (A) not later than 90 days
after receipt of such application.
``(C) Standard of review.--Nothing in this
paragraph shall be construed as affecting the
requirements under clauses (i) and (ii) of paragraph
(1)(A) with respect to an application approved in
accordance with the process under subparagraph (A).
``(4) Single-risk pool.--An invisible high-risk pool or
reinsurance program established in accordance with this
subsection shall not be considered a separate risk pool for
purposes of section 1312(c).''; and
(2) in subsection (a)--
(A) in paragraph (1)(B)--
(i) in clause (i), by striking ``; and''
and inserting a semicolon; and
(ii) by adding at the end the following:
``(iii) in the case of a State applying
under subsection (f) to use any portion of the
payments made to the State under paragraph (3)
to support an invisible high-risk pool or
reinsurance program, consistent with subsection
(f), such information about such program as the
Secretary may require, and the portion of such
payments under paragraph (3) such State intends
to use for such program; and'';
(B) in paragraph (3)--
(i) by inserting ``full amount of'' before
``premium tax credits''; and
(ii) by inserting before the period of the
first sentence the following: ``, or, in the
case of such a State whose invisible high-risk
pool or reinsurance program is approved under
subsection (f)(1) and that has submitted the
information described in paragraph (1)(B)(iii),
supporting such invisible high-risk pool or
reinsurance program''; and
(C) in paragraph (6)(A), by inserting ``and with
respect to applications under subsection (f)'' before
the semicolon. | Lower Premiums Through Reinsurance Act of 2017 This bill amends the Patient Protection and Affordable Care Act to allow a state to apply for funding for a reinsurance program or high-risk pool program. Programs must meet specified criteria to receive funding. The bill provides funding for FY2018 and FY2019. | {"src": "billsum_train", "title": "Lower Premiums Through Reinsurance Act of 2017"} | 1,496 | 82 | 0.523136 | 1.283917 | 0.897474 | 2.115385 | 26.846154 | 0.730769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Safety Act of 2001''.
SEC. 2. PUBLIC DISCLOSURE OF STAFFING AND OUTCOMES DATA.
(a) Disclosure of Staffing and Outcomes.--Any provider under the
medicare program shall, as a condition of continued participation in
such program, make publicly available information regarding nurse
staffing and patient outcomes as specified by the Secretary. Such
information shall include at least the following:
(1) The number of registered nurses providing direct care.
This information shall be expressed both in raw numbers, in
terms of total hours of nursing care per patient (including
adjustment for case mix and acuity), and as a percentage of
nursing staff, and shall be broken down in terms of the total
nursing staff, each unit, and each shift.
(2) The number of licensed practical nurses or licensed
vocational nurses providing direct care. This information shall
be expressed both in raw numbers, in terms of total hours of
nursing care per patient (including adjustment for case mix and
acuity), and as a percentage of nursing staff, and shall be
broken down in terms of the total nursing staff, each unit, and
each shift.
(3) Numbers of unlicensed personnel utilized to provide
direct patient care. This information shall be expressed both
in raw numbers and as a percentage of nursing staff and shall
be broken down in terms of the total nursing staff, each unit,
and each shift.
(4) The average number of patients per registered nurse
providing direct patient care. This information shall be broken
down in terms of the total nursing staff, each unit, and each
shift.
(5) Risk-adjusted patient mortality rate (in raw numbers
and by diagnosis or diagnostic-related group).
(6) Incidence of adverse patient care incidents, including
as such incidents at least medication errors, patient injury,
pressure ulcers, nosocomial infections, and nosocomial urinary
tract infections.
(7) Methods used for determining and adjusting staffing
levels and patient care needs and the provider's compliance
with these methods.
(b) Disclosure of Complaints.--Data regarding complaints filed with
the State agency, the Health Care Financing Administration, or an
accrediting agency, compliance with the standards of which have been
deemed to demonstrate compliance with conditions of participation under
the medicare program, and data regarding investigations and findings as
a result of those complaints and the findings of scheduled inspection
visits, shall be made publicly available.
(c) Information on Data.--All data made publicly available under
this section shall indicate the source and currency of the data
provided.
(d) Waiver for Small Providers.--The Secretary may waive or reduce
reporting requirements under this section in the case of a small
provider (as defined by the Secretary) for whom the imposition of the
requirements would be unduly burdensome.
(e) Definitions.--For purposes of this section:
(1) Licensed practical nurse or licensed vocational
nurse.--The term ``licensed practical nurse or licensed
vocational nurse'' means an individual who is entitled under
State law or regulation to practice as a licensed practical
nurse or a licensed vocational nurse.
(2) Made publicly available.--The term ``made publicly
available'' means, with respect to information of a provider,
information that is--
(A) provided to the Secretary and to any State
agency responsible for licensing or accrediting the
provider;
(B) provided to any State agency which approves or
oversees health care services delivered by the provider
directly or through an insuring entity or corporation;
and
(C) provided to any member of the public which
requests such information directly from the provider.
(3) Medicare program.--The term ``medicare program'' means
the programs under title XVIII of the Social Security Act.
(4) Provider.--The term ``provider'' means an entity that
is--
(A) a psychiatric hospital described in section
1861(f) of the Social Security Act (42 U.S.C.
1395x(f));
(B) a provider of services described in section
1861(u) of such Act (42 U.S.C. 1395x(u));
(C) a rural health clinic described in section
1861(aa)(2) of such Act (42 U.S.C. 1395x(aa)(2));
(D) an ambulatory surgical center described in
section 1832(a)(2)(F)(i) of such Act (42 U.S.C.
1395k(a)(2)(F)(i)); or
(E) a renal dialysis facility described in section
1881(b)(1)(A) of such Act (42 U.S.C. 1395rr(b)(1)(A)).
(5) Registered nurse.--The term ``registered nurse'' means
an individual who is entitled under State law or regulation to
practice as a registered nurse.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Patient Safety Act of 2001 - Requires providers under title XVIII (Medicare) of the Social Security Act, as a condition for continued participation in the Medicare program, to make publicly available certain minimum information specified by the Secretary of Health and Human Services regarding nurse staffing and patient outcomes.Requires the following to be made public along with its source and currency status: (1) data regarding complaints filed with the State agency with oversight over health care services, the Health Care Financing Administration, or a provider accrediting agency; (2) compliance with the standards deemed to demonstrate compliance with conditions of Medicare participation; and (3) data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits. | {"src": "billsum_train", "title": "To require Medicare providers to disclose publicly staffing and performance in order to promote improved consumer information and choice."} | 1,117 | 156 | 0.564586 | 1.640848 | 0.671999 | 4.093525 | 6.985612 | 0.928058 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blue Collar Computing and Business
Assistance Act of 2007''.
SEC. 2. ADVANCED MULTIDISCIPLINARY COMPUTING SOFTWARE CENTERS.
(a) Definitions.--In this section:
(1) Advanced multidisciplinary computing software center;
center.--The terms ``Advanced Multidisciplinary Computing
Software Center'' and ``Center'' mean a center created by an
eligible entity with a grant awarded under subsection (b).
(2) Eligible entity.--The term ``eligible entity'' means
any--
(A) nonprofit organization;
(B) consortium of nonprofit organizations; or
(C) partnership between a for-profit and a
nonprofit organization.
(3) Nonprofit organization.--The term ``nonprofit
organization'' means any organization that--
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986; and
(B) is exempt from taxation under section 501(a) of
such Code.
(4) Small business or manufacturer.--The terms ``small
business or manufacturer'' and ``small business and
manufacturer'' have the meaning given the term ``small business
concern'' in section 3(a) of the Small Business Act (15 U.S.C.
632(a)), including a small manufacturing concern.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Technology of the Department of
Commerce.
(b) Grants.--
(1) In general.--The Under Secretary shall award grants to
eligible entities to establish up to 5 Advanced
Multidisciplinary Computing Software Centers throughout the
United States.
(2) Purposes.--Each Center established with grant funds
awarded under paragraph (1) shall--
(A) conduct general outreach to small businesses
and manufacturers in all industry sectors within the
geographic region assigned to the Center by the Under
Secretary; and
(B) conduct technology transfer, development, and
utilization programs for businesses throughout the
United States in the specific industry sector assigned
to the Center by the Under Secretary.
(3) Application.--
(A) In general.--Each eligible entity desiring a
grant under this subsection shall submit an application
to the Under Secretary at such time, in such manner,
and accompanied by such additional information as the
Under Secretary may reasonably require.
(B) Publication in federal register.--Not later
than 6 months after the date of enactment of this Act,
the Under Secretary shall publish the application
requirements referred to in subparagraph (A) in the
Federal Register.
(C) Contents.--Each application submitted under
subparagraph (A) shall--
(i) conform to the requirements prescribed
by the Under Secretary under this paragraph;
and
(ii) contain a proposal for the allocation
of the legal rights associated with any
invention that may result from the activities
of the proposed Center.
(D) Selection criteria.--In evaluating each
application submitted under subparagraph (A) on the
basis of merit, the Under Secretary shall consider--
(i) the extent to which the eligible
entity--
(I) has a partnership with
nonprofit organizations, businesses,
software vendors, and academia
recognized for relevant expertise in
its selected industry sector;
(II) uses State-funded academic
supercomputing centers and universities
or colleges with expertise in the
computational needs of the industry
assigned to the eligible entity under
paragraph (2)(B);
(III) has a history of working with
small businesses and manufacturers;
(IV) has experience providing
educational programs aimed at helping
organizations adopt the use of high-
performance computing and computational
science;
(V) has partnerships with education
or training organizations that can help
educate future workers on the
application of computational science to
industry needs;
(VI) is accessible to businesses,
academia, incubators, or other economic
development organizations via high-
speed networks; and
(VII) is capable of partnering with
small businesses and manufacturers to
enhance the ability of such entities to
compete in the global marketplace;
(ii) the ability of the eligible entity to
enter successfully into collaborative
agreements with small businesses and
manufacturers to experiment with new high
performance computing and computational science
technologies; and
(iii) such other factors as the Under
Secretary considers relevant.
(4) Maximum amount.--The Under Secretary may not award a
grant under this subsection in an amount which exceeds
$5,000,000 for any year of the grant period.
(5) Duration.--
(A) In general.--Except as provided under
subparagraph (B), a grant may not be awarded under this
subsection for a period exceeding 5 years.
(B) Renewal.--The Under Secretary may renew any
grant awarded under this subsection.
(6) Matching requirement.--
(A) In general.--The Under Secretary may not award
a grant under this subsection unless the eligible
entity receiving such grant agrees to provide not less
than 50 percent of the capital and annual operating and
maintenance funds required to create and maintain the
Center established with such grant funds.
(B) Funding from other federal, state, or local
government agencies.--The funds provided by the
eligible entity under subparagraph (A) may include
amounts received by the eligible entity from the
Federal Government (other than the Department of
Commerce), a State, or a unit of local government.
(7) Limitation on administrative expenses.--The Under
Secretary may establish a reasonable limitation on the portion
of each grant awarded under this subsection that may be used
for administrative expenses or other overhead costs.
(8) Fees and alternative funding sources authorized.--
(A) In general.--A Center established with a grant
awarded under this subsection may, in accordance with
regulations established by the Under Secretary--
(i) collect a nominal fee from a small
business or manufacturer for a service provided
under this section, if such fee is utilized for
the budget and operation of the Center; and
(ii) accept financial assistance from the
Federal Government (other than the Department
of Commerce) for capital costs and operating
budget expenses.
(B) Condition.--Any Center receiving financial
assistance from the Federal Government (other than the
Department of Commerce) may be selected, and if
selected shall be operated, in accordance with this
section.
(c) Use of Funds.--Grant funds received under subsection (b) shall
be used for the benefit of businesses in the industry sector designated
by the Under Secretary under subsection (b)(2)(B) to--
(1) create a repository of nonclassified, nonproprietary
new and existing federally funded software and algorithms;
(2) test and validate software in the repository;
(3) determine when and how the industry sector it serves
could benefit from resources in the repository;
(4) work with software vendors to commercialize repository
software and algorithms from the repository;
(5) make software available to small businesses and
manufacturers where it has not been commercialized by a
software vendor;
(6) help software vendors, small businesses, and
manufacturers test or utilize the software on high-performance
computing systems; and
(7) maintain a research and outreach team that will work
with small businesses and manufacturers to aid in the
identification of software or computational science techniques
which can be used to solve challenging problems, or meet
contemporary business needs of such organizations.
(d) Reports and Evaluations.--
(1) Annual report.--Each eligible entity that receives a
grant under subsection (b) shall submit an annual report to the
Under Secretary that describes--
(A) the goals of the Center established by the
eligible entity; and
(B) the progress made by the eligible entity in
achieving the purposes described in subsection (b)(2).
(2) Evaluation.--The Under Secretary shall establish a peer
review committee, composed of representatives from industry and
academia, to review the goals and progress made by each Center
during the grant period.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$25,000,000 for each of the fiscal years 2008 through 2012 to
carry out this section.
(2) Availability.--Funds appropriated pursuant to paragraph
(1) shall remain available until expended. | Blue Collar Computing and Business Assistance Act of 2007 - Directs the Under Secretary of Technology of the Department of Commerce to award grants to eligible entities (any nonprofit, consortium of nonprofits, or partnership between a for-profit and a nonprofit) to establish up to five Advanced Multidisciplinary Computing Software Centers throughout the United States.
Requires each Center to conduct: (1) general outreach to small businesses and manufacturers in all industry sectors within the geographic region assigned to the Center by the Under Secretary; and (2) technology transfer, development, and utilization programs for businesses throughout the United States in the specific industry sector assigned to the Center by the Under Secretary. | {"src": "billsum_train", "title": "To award grants to establish Advanced Multidisciplinary Computing Software Centers, which shall conduct outreach, technology transfer, development, and utilization programs in specific industries and geographic regions for the benefit of small and medium-sized manufacturers and businesses."} | 1,746 | 134 | 0.720908 | 2.176573 | 0.716527 | 4.952756 | 13.07874 | 0.968504 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Water Research and
Development Initiative Act of 2008''.
SEC. 2. NATIONAL WATER RESEARCH AND DEVELOPMENT INITIATIVE.
(a) Initiative and Purpose.--The President shall implement a
National Water Research and Development Initiative (in this Act
referred to as the ``Initiative''). The purpose of the Initiative is to
improve the Federal Government's role in designing and implementing
Federal water research, development, demonstration, data collection and
dissemination, education, and technology transfer activities to address
changes in water use, supply, and demand in the United States,
including providing additional support to increase water supply through
greater efficiency and conservation.
(b) Interagency Committee.--
(1) In general.--Not later than 3 months after the date of
enactment of this Act, the President shall establish, or
designate, an interagency committee to implement the Initiative
under subsection (a). The Office of Science and Technology
Policy shall chair the interagency committee.
(2) Composition.--The interagency committee shall include a
representative from each agency that conducts research related
to water or has authority over resources that affect water
supply, as well as a representative from the Office of
Management and Budget.
(3) Functions of the interagency committee.--The
interagency committee shall--
(A) develop a National Water Research and
Assessment Plan (in this Act referred to as the
``plan'') in accordance with subsection (c);
(B) coordinate all Federal research, development,
demonstration, data collection and dissemination,
education, and technology transfer activities
pertaining to water;
(C) ensure cooperation among Federal agencies with
respect to water-related research, development, and
technological innovation activities to avoid
duplication of effort and to ensure optimal use of
resources and expertise; and
(D) facilitate technology transfer, communication,
and opportunities for information exchange with non-
governmental organizations, State and local
governments, industry, and other members of the
stakeholder community through the office established in
paragraph (4).
(4) National water initiative coordination office.--
(A) In general.--Not later than 3 months after the
date of enactment of this Act, the President shall
establish a National Water Initiative Coordination
Office (in this Act referred to as the ``Office''),
with full-time staff, to--
(i) provide technical and administrative
support to the interagency committee;
(ii) serve as a point of contact on Federal
water activities for government agencies,
organizations, academia, industry, professional
societies, and others to exchange technical and
programmatic information; and
(iii) communicate with the public on the
findings and recommendations of the interagency
committee based on the activities conducted
pursuant to the Initiative.
(B) Funding.--The operation of the Office shall be
supported by funds contributed from each agency
represented on the interagency committee.
(c) National Water Research and Assessment Plan.--
(1) Plan development.--The plan required under subsection
(b)(3)(A) shall establish the priorities for Federal water
research, including federally funded research, and assessment
for the 4-year period beginning in the year in which the plan
is submitted to Congress. In the development of the plan, the
Committee shall consider and utilize recommendations and
information in reports that have addressed water research
needs, including the 2007 report issued by the Subcommittee on
Water Availability and Quality (SWAQ) of the National Science
and Technology Council's Committee on Environment and Natural
Resources and recommendations of the National Academy of
Sciences.
(2) Specific requirements.--The plan shall--
(A) identify each current program and activity of
each Federal agency related to the Initiative;
(B) identify funding levels for the previous fiscal
year for each program and, if applicable, each activity
identified in subparagraph (A);
(C) set forth a strategy and a timeline to achieve
the outcomes described in subsection (d) and shall
describe--
(i) each activity required of each agency
responsible for contributing to each such
outcome;
(ii) the funding levels necessary to
achieve each such outcome; and
(iii) the distribution of funds between
each agency based on such agency's role in
carrying out such activity;
(D) be subject to a 90-day public comment period
and shall address suggestions received and incorporate
public input received, as appropriate; and
(E) be submitted to Congress not later than 1 year
after the date of enactment of this Act.
(d) Water Research Outcomes.--The plan shall outline and direct
agencies under the interagency committee to work to achieve the
following outcomes:
(1) Implementation of a National Water Census, which shall
include the collection of data on national water resources to
create a comprehensive database that includes information about
the quantity, availability, and quality of ground water and
surface water resources.
(2) Development of a new generation of water monitoring
techniques.
(3) Development of technologies for enhancing reliable
water supply.
(4) Development of innovative technologies and tools to
enhance water-use efficiency and tools to encourage public
acceptance of such technologies.
(5) Development of tools and processes to facilitate
resolution of conflicts over water resources.
(6) Improvement of understanding of water-related ecosystem
services and ecosystem needs for water.
(7) Improvement of hydrologic prediction models and their
applications.
(8) Analyses of the energy required to provide reliable
water supplies and the water required to provide reliable
energy supplies throughout the United States.
(e) Advisory Committee.--The President shall establish, or
designate, an advisory committee to advise the Interagency Committee
established under subsection (b).
SEC. 3. BUDGET COORDINATION.
(a) In General.--The President shall provide guidance to each
Federal agency participating in the Initiative with respect to the
preparation of requests for appropriations for activities related to
the plan.
(b) Consideration in the President's Budget.--The President shall
submit, at the time of the President's annual budget request to
Congress, a description of those items in each agency's budget which
are elements of the plan or help to achieve the outcomes of the plan.
SEC. 4. ANNUAL REPORT.
Concurrent with the annual submission of the President's budget to
Congress, the President shall submit to Congress a report that
describes the activities and results of the Initiative during the
previous fiscal year and outlines the objectives for the next fiscal
year. The report shall include detailed information on all programs and
activities involved in the Initiative, including an analysis of
progress towards achieving the outcomes listed in section 2(d). | National Water Research and Development Initiative Act of 2008 - Directs the President to implement a National Water Research and Development Initiative to improve the federal government's role in designing and implementing federal water research, development, demonstration, data collection and dissemination, education, and technology transfer activities to address changes in U.S. water use, supply, and demand.
Directs the President to establish or designate an interagency committee to implement the Initiative, which shall: (1) develop a National Water Research and Assessment Plan; (2) coordinate all water-related federal research, development, demonstration, data collection and dissemination, education, and technology transfer activities; (3) ensure cooperation among federal agencies; and (4) facilitate technology transfer, communication, and opportunities for information exchange with various parties through a National Water Initiative Coordination Office (to be established by the President to provide technical and administrative support to the committee).
Requires the Plan to: (1) establish priorities for federal water research; (2) identify each current program and activity related to the Initiative; (3) identify funding levels; (4) set forth a strategy and timeline to achieve specified desired outcomes, including implementation of a National Water Census; (5) address suggestions and incorporate public input received; and (6) be submitted to Congress within one year of enactment.
Directs the President to: (1) provide guidance to each federal agency participating in the Initiative regarding the preparation of requests for appropriations for activities related to the Plan; and (2) submit, concurrent with the annual budget submission to Congress, a report that describes Initiative activities and results during the previous fiscal year and outlines objectives for the next fiscal year. | {"src": "billsum_train", "title": "To implement a National Water Research and Development Initiative, and for other purposes."} | 1,413 | 335 | 0.768563 | 2.372123 | 0.913695 | 4.369697 | 4.157576 | 0.963636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Succession Act of
2003''.
SEC. 2. PRESIDENTIAL SUCCESSION.
Section 19 of title 3, United States Code, is amended to read as
follows:
``Sec. 19 Vacancy in offices of both President and Vice President;
officers eligible to act
``(a) If, by reason of death, resignation, removal from office,
inability, or failure to qualify, there is neither a President nor Vice
President to discharge the powers and duties of the office of
President, then the highest individual on the succession list who is
eligible to the office of President under the Constitution, not under
disability to discharge the powers and duties of the office of
President, and not disqualified under subsection (f), shall act as
President.
``(b) An individual acting as President under this section shall
continue to so act until the expiration of the then current
Presidential term except that--
``(1) if his discharge of the powers and duties of the
office is founded in whole or in part on the failure of both
the President-elect and the Vice-President-elect to qualify,
then he shall act only until a President or Vice President
qualifies; and
``(2) if his discharge of the powers and duties of the
office is founded in whole or in part on the inability of the
President or Vice President, then he shall act only until the
removal of the disability of one of such individuals.
``(c) For purposes of this section, the term `succession list'
means the following list: the individual holding the office designated
in subsection (d), the individual holding the office designated in
subsection (e), the Secretary of State, the Secretary of the Treasury,
the Secretary of Defense, the Attorney General, the Secretary of
Homeland Security, the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Labor, the
Secretary of Health and Human Services, the Secretary of Housing and
Urban Development, the Secretary of Transportation, the Secretary of
Energy, the Secretary of Education, and the Secretary of Veterans
Affairs.
``(d)(1) The President shall submit to the Clerk of the House of
Representatives notification in writing of the designation of the
office of Speaker of the House of Representatives or the office of
Minority Leader of the House of Representatives as the office
designated for the purposes of this subsection.
``(2) The notification submitted by the President pursuant to
paragraph (1) shall remain in effect until the President submits a
later notification pursuant to paragraph (1), and shall not be rendered
ineffective by the expiration of any Presidential term.
``(3) Until such time as the President first submits a notification
pursuant to paragraph (1), the office of Speaker of the House of
Representatives is deemed to be the office designated under this
subsection.
``(4) A person acting as Speaker pro tempore shall not be treated
for purposes of this section as holding the office of Speaker of the
House of Representatives.
``(e)(1) The President shall submit to the Secretary of the Senate
a notification in writing of the designation of the office of Majority
Leader of the Senate or the office of Minority Leader of the Senate as
the office designated for the purposes of this subsection.
``(2) The notification submitted by the President pursuant to
paragraph (1) shall remain in effect until the President submits a
later notification pursuant to paragraph (1), and shall not be rendered
ineffective by the expiration of any Presidential term.
``(3) Until such time as the President first submits a notification
pursuant to paragraph (1), the office of Majority Leader of the Senate
is deemed to be the office designated under this subsection.
``(f) An individual is disqualified to discharge the powers and
duties of the office of President for purposes of this section unless
such individual, at the time that such powers and duties devolve upon
him, meets the following requirements:
``(1) Such individual resigns the office by virtue of the
holding of which he qualifies to act as President.
``(2) In the case of an individual holding the office
designated in subsection (d), such individual resigns as a
Representative in Congress if such individual is a
Representative in Congress.
``(3) In the case of an individual holding the office
designated in subsection (e), such individual resigns as a
Senator.
``(4) In the case of any individual not identified in
subsection (d) or (e), such individual is not awaiting trial or
judgment by the Senate after such individual's impeachment by
the House of Representatives.
``(g) The rule of subsection (a) shall also apply in the case of
the death, resignation, removal from office, or inability of an
individual acting as President under this section if, by reason of
death, resignation, removal from office, inability, or failure to
qualify, there is no Vice President to discharge the powers and duties
of the office of President.
``(h) An individual acting as President under this section shall
promptly nominate a Vice President upon any vacancy in the office of
Vice President.
``(i) During the period that any individual acts as President under
this section, his compensation shall be at the rate then provided by
law in the case of the President.''. | Presidential Succession Act of 2003 - Revises provisions concerning presidential succession. Requires the President to submit to: (1) the Clerk of the House of Representatives notification in writing of the designation of either the Speaker of the House of Representatives or the office of the Minority Leader of the House as the office designated as the highest on the presidential succession list; and (2) the Secretary of the Senate notification in writing of the designation of either the Office of the Majority Leader of the Senate or the office of the Minority Leader of the Senate as next highest on such list.
Includes, following the Attorney General, the Secretary of Homeland Security on the list. | {"src": "billsum_train", "title": "To amend section 19 of title 3, United States Code, to allow the President to choose between possible successors in case of the event that, by reason of certain circumstances, there is neither a President nor Vice President to discharge the powers and duties of the office of President, and for other purposes."} | 1,143 | 136 | 0.595601 | 1.505499 | 0.735935 | 4.244094 | 9.15748 | 0.937008 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Disbursement of Offshore Oil
Revenue Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the demand for energy in the United States is
increasing and will continue to increase for the foreseeable
future;
(2) domestic production of oil and gas is declining;
(3) the United States continues to be overly dependent on
foreign sources of oil and gas;
(4) the Outer Continental Shelf contains significant
quantities of oil and gas that should be developed to meet
United States energy needs while safeguarding important
environmental values;
(5) the exploration, development, and production of Outer
Continental Shelf resources, and the siting of related energy
facilities, may impact various State and local governments; and
(6) coastal States and counties should be provided with a
share of the revenues derived from Outer Continental Shelf oil
and gas leasing, exploration, development, and production
activities.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``coastal State'' means any State of the
United States bordering on the Atlantic Ocean, the Pacific
Ocean, the Arctic Ocean, or the Gulf of Mexico;
(2) the term ``coastal county'' means a unit of general
government immediately below the level of State government, as
determined by the Secretary under section 6, with jurisdiction
over lands along the coast line;
(3) the term ``coast line'' has the meaning given such term
under the Submerged Lands Act (43 U.S.C. 1301 et seq.);
(4) the term ``Outer Continental Shelf'' has the meaning
given the term ``outer Continental Shelf'' under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
(5) the term ``Secretary'' means the Secretary of the
Interior; and
(6) the term ``revenues'' means all bonuses, rents,
royalties, and other moneys collected under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), and
interest thereon.
SEC. 4. COASTAL COMMUNITIES OUTER CONTINENTAL SHELF RECEIPT FUND.
(a) Establishment.--There is established an interest bearing
account in the Treasury of the United States to be known as the Coastal
Communities Outer Continental Shelf Receipt Fund (hereafter in this Act
referred to as ``the Fund'').
(b) Payments to Fund.--Beginning in fiscal year 2004, the Secretary
shall pay into the Fund all revenues described in subsection (c) that
are attributable to an Outer Continental Shelf lease, any part of which
is within 200 geographical miles of the coast line. The Secretary may
adjust amounts in the Fund at any time to account for overpayments,
underpayments, and errors.
(c) New Revenues.--Subsection (b) shall apply only to--
(1) bonus revenues under a lease if no bonus revenues have
been received by the Secretary under that lease before January
1, 2003;
(2) rent revenues under a lease if no rent revenues have
been received by the Secretary under that lease before January
1, 2003;
(3) royalty revenues under a lease if no royalty revenues
have been received by the Secretary under that lease before
January 1, 2003; and
(4) other revenues under a lease if the lease was issued on
or after January 1, 2003.
SEC. 5. DISPOSITION OF FUND.
(a) State Share.--(1) Six months after the end of fiscal year 2004,
and annually thereafter, the Secretary shall pay from the Fund to each
coastal State one-half of such revenues paid into the Fund with respect
to the fiscal year most recently completed, and any interest earned
thereon, as may be attributable to that State.
(2) In order to determine to which State revenues are attributable
for purposes of this Act, the Secretary shall delimit the lateral
boundaries between the coastal States to a point 200 geographic miles
seaward of the coast line. Such boundaries shall be set according to
the following principles, listed in order of the priority of their
application:
(A) Any judicial decrees or interstate compacts delimiting
lateral offshore boundaries between coastal States.
(B) Principles of domestic and international law governing
the delimitation of lateral offshore boundaries.
(C) The desirability of following existing lease boundaries
and block lines on the Secretary's official protraction
diagrams.
(3) Each coastal State, before receiving funds under this
subsection, shall annually enact the necessary legislation to provide
any State permits required for onshore facilities needed to support
offshore oil or gas development or production in the area adjacent to
that coastal State. If a State fails to enact such legislation, the
funds attributable to that State shall not be disbursed, and the
Secretary shall take into consideration that failure before offering
any additional leases for sale in the offshore area adjacent to that
State.
(b) Coastal County Share.--(1) At the same time that the Secretary
pays revenues to coastal States under subsection (a), the Secretary
shall pay to coastal counties within that State the remaining one-half
of the revenues, and any interest earned on those revenues, in the Fund
for that fiscal year attributable to that State.
(2) In order to determine to which coastal county revenues are
attributable for purposes of this Act, the Secretary shall delimit the
lateral boundaries between the coastal counties to a point 200
geographic miles seaward of the coast line. Such boundaries shall be
set according to the following principles, listed in order of the
priority of their application:
(A) Existing boundaries between coastal counties with valid
supporting legal authority.
(B) The desirability of following existing lease boundaries
and block lines on the Secretary's official protraction
diagrams.
(C) The principle that, to the extent consistent with
subparagraphs (A) and (B), the size of the coastal county's
adjacent offshore area, as a percentage of all of that State's
adjacent offshore areas, shall be based on a formula giving
equal weight to--
(i) the coastal county's coast line as a percentage
of the State's coast line, calculated using the same
large-scale charts of the National Ocean Service that
are used to delimit the territorial sea under
international law; and
(ii) the coastal county's population as a
percentage of the population of all coastal counties in
the State, calculated by the Secretary using the best
available national census data.
(3) Each coastal county, before receiving funds under this
subsection, shall annually enact by county statute or ordinance the
necessary legislation to provide the local permits required for onshore
facilities needed to support offshore oil or gas development or
production in the area adjacent to that coastal county, and the
necessary legislation to expend such funds. If a county fails to enact
such legislation, the funds attributable to that county shall not be
disbursed, and the Secretary shall take into consideration that failure
before offering any additional leases for sale in the offshore area
adjacent to that county.
(c) Use of Funds by States.--Each coastal State shall use funds
received pursuant to subsection (a)--
(1) to pay for the administrative costs the State incurs in
the leasing and permitting process as specified in the Outer
Continental Shelf Lands Act;
(2) for such environmental and natural resource projects as
the State determines; or
(3) for such educational projects as the State determines.
(d) County Distribution of Funds.--Each coastal county shall
develop a formula to allocate at least two-thirds of the funds received
pursuant to subsection (b) to local communities within its jurisdiction
based on the proximity of these communities to the coast, except that
funds shall be withheld from communities that the Secretary determines
have failed to issue permits required for onshore facilities needed to
support offshore oil or gas development or production in the area
adjacent to that coastal county.
SEC. 6. DESIGNATION OF COASTAL COUNTIES.
For the purposes of this Act, the Secretary, after consultation
with the Governor of each coastal State, shall determine which
counties, parishes, boroughs, tribal governments, or other units of
general government immediately below the level of State government
shall be designated as coastal counties.
SEC. 7. LIMITATIONS ON APPLICABILITY OF BOUNDARIES.
The boundaries and areas delimited under section 5 are solely for
the purposes of this Act. | Fair Disbursement of Offshore Oil Revenue Act of 2003 - Establishes the Coastal Communities Outer Continental Shelf Receipt Fund as an interest-bearing account in the Treasury.Instructs the Secretary of the Treasury to pay into the Fund all revenues attributable to an Outer Continental Shelf lease, any part of which is within 200 geographical miles of the coast line.Directs the Secretary to pay each coastal State and its coastal counties, respectively, one-half of the revenues and any interest earned on them attributable to the State for the fiscal year most recently completed.Preconditions such disposition of funds upon annual enactment by each coastal State and coastal county of the legislation necessary to provide State and local permits for the onshore facilities needed to support offshore oil or gas development or production in the pertinent adjacent area.Declares that if a State or county fails to enact such legislation, the funds attributable to it shall not be disbursed, and the Secretary shall take that failure into consideration before offering any additional leases for sale in the offshore area adjacent to that State or county. | {"src": "billsum_train", "title": "To provide for the distribution to coastal States and counties of revenues collected under the Outer Continental Shelf Lands Act."} | 1,824 | 240 | 0.590581 | 1.698622 | 0.931326 | 4.727273 | 8.792929 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Employee Ownership
Bank Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) over the past 6 years, the United States has lost more
than 3,000,000 decent paying manufacturing jobs;
(2) at the end of 2006, the United States had a record-
breaking trade deficit of more than $763,000,000,000, including
a $232,000,000,000 trade deficit with China;
(3) preserving and increasing decent paying jobs must be a
top priority of the United States Congress;
(4) providing loan guarantees, direct loans, and technical
assistance to employees to buy their own companies will
preserve and increase employment in the United States; and
(5) just like the United States Export-Import Bank was
created in 1934 during the midst of the Great Depression as a
way to increase United States jobs through exports, the time
has come to establish the United States Employee Ownership Bank
within the Department of the Treasury to preserve and expand
jobs in the United States.
SEC. 3. ESTABLISHMENT OF UNITED STATES EMPLOYEE OWNERSHIP BANK WITHIN
THE DEPARTMENT OF THE TREASURY.
(a) Establishment Required.--Before the end of the 90-day period
beginning on the date of enactment of this Act, the Secretary of the
Treasury (in this Act referred to as the ``Secretary'') shall establish
the United States Employee Ownership Bank (in this Act referred to as
the ``Bank'') to foster increased employee ownership and greater
employee participation in company decisionmaking throughout the United
States.
(b) Duties of Bank.--The Bank shall provide--
(1) loans subordinated to the interests of all other
creditors and loan guarantees, to employees to purchase a
business through an employee stock ownership plan or eligible
worker-owned cooperative, which shall be at least 51 percent
employee owned; and
(2) grants to States and nonprofit and cooperative
organizations with experience in developing employee-owned
businesses and worker-owned cooperatives--
(A) to provide education and outreach to inform
people about the possibilities and benefits of employee
ownership of companies, gain sharing, and participation
in company decisionmaking, including some financial
education;
(B) to provide technical assistance to assist
employee efforts to become business owners;
(C) to provide participation training to teach
employees and employers methods of employee
participation in company decisionmaking; and
(D) to conduct objective third party pre-
feasibility and feasibility studies to determine if
employees who would like to start up employee stock
ownership plans or worker cooperatives would be able to
create a sustainable business.
(c) Preconditions.--Before the Bank makes any subordinated loan or
loan guarantee under subsection (b)(1), the employees shall submit to
the Bank--
(1) a business plan that shows that--
(A) not less than 51 percent of all interests in
the company is owned or controlled by an employee stock
ownership plan or eligible worker-owned cooperative;
(B) the board of directors of the company is
elected by all of the participants in the employee
stock ownership plan, as well as other shareholders, or
by the members of the eligible worker-owned
cooperative; and
(C) all employees receive basic information about
company progress and have the opportunity to
participate in day-to-day operations; and
(2) a feasibility study from an objective third party with
a positive determination that the employee stock ownership plan
or eligible worker owned cooperative will generate enough
margin to pay back any loan, subordinated loan, or loan
guarantee that was made possible through the Bank.
(d) Insurance of Subordinated Loans and Loan Guarantees.--
(1) In general.--The Bank shall, with respect to any
subordinated loan or loan guarantee provided under this Act,
insure such loan or loan guarantee against the nonrepayment of
the outstanding balance of the loan.
(2) Annual premiums.--The Bank shall fix the annual premium
for the insurance of each subordinated loan or loan guarantee
under this subsection to be paid by the borrower, in such
manner and in such amount as to cover no more than the cost of
the insurance.
(3) Premiums and guarantee fees available to cover
losses.--The premiums collected by the Bank from insurance
issued under this subsection and the fees collected by the Bank
for loan guarantees issued under subsection (b) shall be
deposited in a fund in the Treasury, and shall be available to
the Bank to cover any losses incurred by the Bank in connection
with any such loan or loan guarantee.
(e) Terms and Conditions for Loans and Loan Guarantees.--
Notwithstanding any other provision of law, a loan or loan guarantee
under subsection (b)(1) shall--
(1) bear interest at an annual rate of, as determined by
the Secretary--
(A) in the case of a direct loan--
(i) the cost of borrowing to the Department
of the Treasury for obligations of comparable
maturity; or
(ii) 4 percent; and
(B) in the case of a guaranteed loan, the current
applicable market rate for a loan of comparable
maturity; and
(2) have a term not to exceed 12 years.
(f) Technical Assistance in the Discretion of the Secretary.--In
the case of activities under subsection (b)(2)(B), the Secretary may
require the Bank--
(1) to provide for the targeting of key groups, such as
retiring business owners, unions, managers, trade associations,
and community organizations;
(2) to encourage cooperation in organizing workshops and
conferences;
(3) to provide for the preparation and distribution of
materials concerning employee ownership and participation; and
(4) to provide training workshops for personnel of State,
nonprofit, and cooperative technical assistance organizations
and to defray part of the costs of an annual meeting of such
organizations to share their experience and best practices.
(g) Participation Training in the Discretion of the Secretary.--In
the case of activities under subsection (b)(2)(C), the Secretary may
require the Bank--
(1) to provide for courses on employee participation; and
(2) to provide for the development and fostering of
networks of employee owned companies to spread the use of
successful participation techniques.
SEC. 4. REGULATIONS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall promulgate such regulations as are
necessary to implement this Act.
(b) Content.--Regulations required by subsection (a) shall include
provisions--
(1) to ensure the safety and soundness of the Bank; and
(2) to ensure that the Bank will not compete with
commercial financial institutions;
SEC. 5. ORGANIZATION OF THE BANK.
(a) Management.--There shall be at the head of the Bank, a Director
of the United States Employee Ownership Bank (in this Act referred to
as the ``Director''), who shall be appointed by, and serve at the
pleasure of, the Secretary.
(b) Staff.--The Director may select, appoint, employ, and fix the
compensation of such employees as are necessary to carry out the
functions of the Bank.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of the
Treasury, $100,000,000 for fiscal year 2008, and such sums as may be
necessary thereafter to carry out this Act. | United States Employee Ownership Bank Act - Directs the Secretary of the Treasury to establish the United States Employee Ownership Bank to foster increased employee ownership and greater employee participation in company decisionmaking throughout the United States.
Requires the Bank to make: (1) loans (subordinated to the interests of all other creditors) and loan guarantees to employees to purchase a business through an employee stock ownership plan or eligible worker-owned cooperative; and (2) grants to states and nonprofit and cooperative organizations with experience in developing employee-owned businesses and worker-owned cooperatives to provide education, outreach, and technical assistance to such employee business efforts.
Requires the Bank to insure such loans or loan guarantees against nonrepayment of the outstanding loan balance. | {"src": "billsum_train", "title": "A bill to provide for the establishment of the United States Employee Ownership Bank, and for other purposes."} | 1,581 | 153 | 0.632803 | 1.882336 | 0.927577 | 4.921429 | 10.828571 | 0.964286 |
SECTION 1. TRANSFER OF FIREARMS REGULATION FUNCTIONS OF BUREAU OF
ALCOHOL, TOBACCO, AND FIREARMS.
(a) In General.--The functions relating to the regulation of
firearms which on April 29, 1993, were performed by the Bureau of
Alcohol, Tobacco, and Firearms are hereby transferred from that Bureau
to the Attorney General.
(b) Delegation of Functions.--The Attorney General shall delegate
to the Director of the Federal Bureau of Investigation the functions
transferred under this section.
(c) Property and Records.--The contracts, liabilities, records,
property, and other assets and interests of, or made available in
connection with, the functions transferred by this section are hereby
transferred to the Attorney General for appropriate allocation.
(d) Personnel.--
(1) In general.--The personnel employed in connection with
the functions transferred by this section are hereby
transferred to the Attorney General.
(2) Effect.--Any full-time or part-time personnel employed
in permanent positions shall not be separated or reduced in
grade or compensation because of the transfer under this
subsection during the 1-year period beginning on the date of
the enactment of this Act.
SEC. 2. REFERENCES.
Any reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or
pertaining to the Bureau of Alcohol, Tobacco, and Firearms with respect
to functions transferred by this Act--
(1) to the Secretary of the Treasury or the head of that
bureau is deemed to refer to the Attorney General; and
(2) to the Department of the Treasury or that bureau is
deemed to refer to the Department of Justice or the Federal
Bureau of Investigation, as appropriate.
SEC. 3. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, contracts, certificates, licenses, and
privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, by the head of the Bureau of
Alcohol, Tobacco, and Firearms, the Secretary of the Treasury,
any other Government official, or a court of competent
jurisdiction, in the performance of functions of the head of
the Bureau of Alcohol, Tobacco, and Firearms that are
transferred by this Act, and
(2) that are in effect on the date of the enactment of this
Act (or become effective after such date pursuant to their
terms as in effect on such date),
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Attorney General or other authorized official, or a
court of competent jurisdiction, or by operation of law.
(b) Proceedings.--The provisions of this Act shall not affect any
proceedings or any application for any benefits, service, license,
permit, certificate, or financial assistance pending before the Bureau
of Alcohol, Tobacco, and Firearms on the date of the enactment of this
Act, but such proceedings and applications shall be continued. Orders
shall be issued in such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders, as if this Act had
not been enacted, and orders issued in any such proceeding shall
continue in effect until modified, terminated, superseded, or revoked
by a duly authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this subsection shall be deemed to
prohibit the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this Act had not
been enacted.
(c) Suits.--The provisions of this Act shall not affect suits
commenced before the date of the enactment of this Act, and in all such
suits, proceeding shall be had, appeals taken, and judgments rendered
in the same manner and with the same effect as if this Act had not been
enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the head of the Bureau of Alcohol, Tobacco, and
Firearms, or by or against any individual in the official capacity of
such individual as an officer of such bureau shall abate by reason of
the enactment of this Act.
(e) Continuance of Suits.--If, before the date of the enactment of
this Act, any agency or officer thereof in the official capacity of
such officer, is party to a suit, and under this Act any function of
such agency or officer is transferred to the Attorney General or any
other official of the Department of Justice, then such suit shall be
continued with the Attorney General or other appropriate official of
the Department of Justice substituted or added as a party.
SEC. 4. AMENDMENTS TO INSPECTOR GENERAL ACT OF 1978.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 8C(b)--
(A) by striking ``the Bureau of Alcohol, Tobacco,
and Firearms,''; and
(B) by striking ``Service,'' and inserting
``Service''; and
(2) in section 9(a)(1)(L)--
(A) by striking ``the `Office of Internal Affairs,
Bureau of Alcohol, Tobacco, and Firearms',''; and
(B) by striking ``Service','' and inserting
``Service' ''.
SEC. 5. REPEAL OF REQUIREMENT OF AUDIT BY COMPTROLLER GENERAL OF THE
UNITED STATES.
(a) Repeal.--Section 713 of title 31, United States Code, is
repealed.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 7 of title 31, United States Code, is amended by striking
the item relating to section 713.
SEC. 6. RENAMING OF BUREAU.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of the Treasury shall issue such regulations as are
necessary to rename the Bureau of Alcohol, Tobacco, and Firearms as
appropriate to reflect the transfer of functions by this Act. | Transfers the functions of the Bureau of Alcohol, Tobacco, and Firearms (ATF) relating to the regulation of firearms from the Department of the Treasury to the Attorney General, who shall delegate them to the Director of the Federal Bureau of Investigation.
Transfers ATF personnel employed in connection with the transferred functions to the Attorney General.
Amends Federal law to repeal requirements for audits by the Comptroller General of ATF and the Internal Revenue Service.
Provides for the renaming of ATF to reflect the transfer made by this Act. | {"src": "billsum_train", "title": "To transfer all functions of the Bureau of Alcohol, Tobacco, and Firearms relating to the regulation of firearms from the Department of the Treasury to the Federal Bureau of Investigation."} | 1,404 | 120 | 0.537287 | 1.448754 | 0.515463 | 3.63 | 12.46 | 0.87 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Warning, Alert, and Response Network
Act''.
SEC. 2. FEDERAL COMMUNICATIONS COMMISSION DUTIES.
(a) Commercial Mobile Service Alert Regulations.--Within 180 days
after the date on which the Commercial Mobile Service Alert Advisory
Committee, established pursuant to section 3(a), transmits
recommendations to the Federal Communications Commission, the
Commission shall complete a proceeding to adopt relevant technical
standards, protocols, procedures, and other technical requirements
based on the recommendations of such Advisory Committee necessary to
enable commercial mobile service alerting capability for commercial
mobile service providers that voluntarily elect to transmit emergency
alerts. The Commission shall consult with the National Institute of
Standards and Technology regarding the adoption of technical standards
under this subsection.
(b) Commercial Mobile Service Election.--
(1) Amendment of commercial mobile service license.--Within
120 days after the date on which the Federal Communications
Commission adopts relevant technical standards and other
technical requirements pursuant to subsection (a), the
Commission shall complete a proceeding--
(A) to allow any licensee providing commercial
mobile service (as defined in section 332(d)(1) of the
Communications Act of 1934 (47 U.S.C. 332(d)(1))) to
transmit emergency alerts to subscribers to, or users
of, the commercial mobile service provided by such
licensee;
(B) to require any licensee providing commercial
mobile service that elects, in whole or in part, under
paragraph (2) not to transmit emergency alerts to
provide clear and conspicuous notice at the point of
sale of any devices with which its commercial mobile
service is included, that it will not transmit such
alerts via the service it provides for the device; and
(C) to require any licensee providing commercial
mobile service that elects under paragraph (2) not to
transmit emergency alerts to notify its existing
subscribers of its election.
(2) Election.--
(A) In general.--Within 30 days after the
Commission issues its order under paragraph (1), each
licensee providing commercial mobile service shall file
an election with the Commission with respect to whether
or not it intends to transmit emergency alerts.
(B) Transmission standards; notification.--If a
licensee providing commercial mobile service elects to
transmit emergency alerts via its commercial mobile
service, the licensee shall--
(i) notify the Commission of its election;
and
(ii) agree to transmit such alerts in a
manner consistent with the technical standards,
protocols, procedures and other technical
requirements implemented by the Commission.
(C) No fee for service.--A commercial mobile
service licensee that elects to transmit emergency
alerts may not impose a separate or additional charge
for such transmission or capability.
(D) Withdrawal; late election.--The Commission
shall establish a procedure--
(i) for a commercial mobile service
licensee that has elected to transmit emergency
alerts to withdraw its election without
regulatory penalty or forfeiture upon advance
written notification of the withdrawal to its
affected subscribers;
(ii) for a commercial mobile service
licensee to elect to transmit emergency alerts
at a date later than provided in subparagraph
(A); and
(iii) under which a subscriber may
terminate a subscription to service provided by
a commercial mobile service licensee that
withdraws its election without penalty or early
termination fee.
(E) Consumer choice technology.--Any commercial
mobile service licensee electing to transmit emergency
alerts may offer subscribers the capability of
preventing the subscriber's device from receiving such
alerts, or classes of such alerts, other than an alert
issued by the President. Within 2 years after the
Commission completes the proceeding under paragraph
(1), the Commission shall examine the issue of whether
a commercial mobile service provider should continue to
be permitted to offer its subscribers such capability.
The Commission shall submit a report with its
recommendations to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives.
(c) Digital Television Transmission Towers Retransmission
Capability.--Within 90 days after the date on which the Commission
adopts relevant technical standards based on recommendations of the
Commercial Mobile Service Alert Advisory Committee, established
pursuant to section 3(a), the Commission shall complete a proceeding to
require licensees and permittees of noncommercial educational broadcast
stations or public broadcast stations (as those terms are defined in
section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6))) to
install necessary equipment and technologies on, or as part of, any
broadcast television digital signal transmitter to enable the
distribution of geographically targeted alerts by commercial mobile
service providers that have elected to transmit emergency alerts under
this section.
(d) FCC Regulation of Compliance.--The Federal Communications
Commission may enforce compliance with this Act but shall have no
rulemaking authority under this Act, except as provided in subsections
(a), (b), (c), and (f).
(e) Limitation of Liability.--
(1) In general.--Any commercial mobile service provider
(including its officers, directors, employees, vendors, and
agents) that transmits emergency alerts and meets its
obligations under this Act shall not be liable to any
subscriber to, or user of, such person's service or equipment
for--
(A) any act or omission related to or any harm
resulting from the transmission of, or failure to
transmit, an emergency alert; or
(B) the release to a government agency or entity,
public safety, fire service, law enforcement official,
emergency medical service, or emergency facility of
subscriber information used in connection with
delivering such an alert.
(2) Election not to transmit alerts.--The election by a
commercial mobile service provider under subsection (b)(2)(A)
not to transmit emergency alerts, or to withdraw its election
to transmit such alerts under subsection (b)(2)(D) shall not,
by itself, provide a basis for liability against the provider
(including its officers, directors, employees, vendors, and
agents).
(f) Testing.--The Commission shall require by regulation technical
testing for commercial mobile service providers that elect to transmit
emergency alerts and for the devices and equipment used by such
providers for transmitting such alerts.
SEC. 3. COMMERCIAL MOBILE SERVICE ALERT ADVISORY COMMITTEE.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the chairman of the Federal Communications
Commission shall establish an advisory committee, to be known as the
Commercial Mobile Service Alert Advisory Committee (referred to in this
section as the ``Advisory Committee'').
(b) Membership.--The chairman of the Federal Communications
Commission shall appoint the members of the Advisory Committee, as soon
as practicable after the date of enactment of this Act, from the
following groups:
(1) State and local government representatives.--
Representatives of State and local governments and
representatives of emergency response providers, selected from
among individuals nominated by national organizations
representing such governments and personnel.
(2) Tribal governments.--Representatives from Federally
recognized Indian tribes and National Indian organizations.
(3) Subject matter experts.--Individuals who have the
requisite technical knowledge and expertise to serve on the
Advisory Committee in the fulfillment of its duties, including
representatives of--
(A) communications service providers;
(B) vendors, developers, and manufacturers of
systems, facilities, equipment, and capabilities for
the provision of communications services;
(C) third-party service bureaus;
(D) technical experts from the broadcasting
industry;
(E) the national organization representing the
licensees and permittees of noncommercial broadcast
television stations;
(F) national organizations representing individuals
with special needs, including individuals with
disabilities and the elderly; and
(G) other individuals with relevant technical
expertise.
(4) Qualified representatives of other stakeholders and
interested parties.--Qualified representatives of such other
stakeholders and interested and affected parties as the
chairman deems appropriate.
(c) Development of System-Critical Recommendations.--Within 1 year
after the date of enactment of this Act, the Advisory Committee shall
develop and submit to the Federal Communications Commission
recommendations--
(1) for protocols, technical capabilities, and technical
procedures through which electing commercial mobile service
providers receive, verify, and transmit alerts to subscribers;
(2) for the establishment of technical standards for
priority transmission of alerts by electing commercial mobile
service providers to subscribers;
(3) for relevant technical standards for devices and
equipment and technologies used by electing commercial mobile
service providers to transmit emergency alerts to subscribers;
(4) for the technical capability to transmit emergency
alerts by electing commercial mobile providers to subscribers
in languages in addition to English, to the extent practicable
and feasible;
(5) under which electing commercial mobile service
providers may offer subscribers the capability of preventing
the subscriber's device from receiving emergency alerts, or
classes of such alerts, (other than an alert issued by the
President), consistent with section 2(b)(2)(E);
(6) for a process under which commercial mobile service
providers can elect to transmit emergency alerts if--
(A) not all of the devices or equipment used by
such provider are capable of receiving such alerts; or
(B) the provider cannot offer such alerts
throughout the entirety of its service area; and
(7) as otherwise necessary to enable electing commercial
mobile service providers to transmit emergency alerts to
subscribers.
(d) Meetings.--
(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 60 days after the
date of the enactment of this Act.
(2) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the chair.
(3) Notice; open meetings.--Any meetings held by the
Advisory Committee shall be duly noticed at least 14 days in
advance and shall be open to the public.
(e) Rules.--
(1) Quorum.--One-third of the members of the Advisory
Committee shall constitute a quorum for conducting business of
the Advisory Committee.
(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the chair may establish appropriate
subcommittees composed of members of the Advisory Committee and
other subject matter experts as deemed necessary.
(3) Additional rules.--The Advisory Committee may adopt
other rules as needed.
(f) Federal Advisory Committee Act.--Neither the Federal Advisory
Committee Act (5 U.S.C. App.) nor any rule, order, or regulation
promulgated under that Act shall apply to the Commercial Mobile Service
Alert Advisory Committee.
(g) Consultation With NIST.--The Advisory Committee shall consult
with the National Institute of Standards and Technology in its work on
developing recommendations under subsections (c)(2) and (c)(3).
SEC. 4. RESEARCH AND DEVELOPMENT.
(a) In General.--The Undersecretary of Homeland Security for
Science and Technology, in consultation with the director of the
National Institute of Standards and Technology and the chairman of the
Federal Communications Commission, shall establish a research,
development, testing, and evaluation program based on the
recommendations of the Commercial Mobile Service Alert Advisory
Committee, established pursuant to section 3(a), to support the
development of technologies to increase the number of commercial mobile
service devices that can receive emergency alerts.
(b) Functions.--The program established under subsection (a)
shall--
(1) fund research, development, testing, and evaluation at
academic institutions, private sector entities, government
laboratories, and other appropriate entities; and
(2) ensure that the program addresses, at a minimum--
(A) developing innovative technologies that will
transmit geographically targeted emergency alerts to
the public; and
(B) research on understanding and improving public
response to warnings.
SEC. 5. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS.
(a) Grant Program.--The Undersecretary of Commerce for Oceans and
Atmosphere, in consultation with the Secretary of Homeland Security,
shall establish a program under which grants may be made to provide for
outdoor alerting technologies in remote communities effectively
unserved by commercial mobile service (as determined by the Federal
Communications Commission within 180 days after the date of enactment
of this Act) for the purpose of enabling residents of those communities
to receive emergency alerts.
(b) Applications and Conditions.--In conducting the program, the
Undersecretary--
(1) shall establish a notification and application
procedure; and
(2) may establish such conditions, and require such
assurances, as may be appropriate to ensure the efficiency and
integrity of the grant program.
(c) Sunset.--The Undersecretary may not make grants under
subsection (a) more than 5 years after the date of enactment of this
Act.
(d) Limitation.--The sum of the amounts awarded for all fiscal
years as grants under this section may not exceed $10,000,000.
SEC. 6. FUNDING.
(a) In General.--In addition to any amounts provided by
appropriation Acts, funding for this Act shall be provided from the
Digital Transition and Public Safety Fund in accordance with section
3010 of the Digital Television Transition and Public Safety Act of 2005
(47 U.S.C. 309 note).
(b) Compensation.--The Assistant Secretary of Commerce for
Communications and Information shall compensate any such broadcast
station licensee or permittee for reasonable costs incurred in
complying with the requirements imposed pursuant to section 2(c) from
funds made available under this section. The Assistant Secretary shall
ensure that sufficient funds are made available to effectuate
geographically targeted alerts.
(c) Credit.--The Assistant Secretary of Commerce for Communications
and Information, in consultation with the Undersecretary of Homeland
Security for Science and Technology and the Undersecretary of Commerce
for Oceans and Atmosphere, may borrow from the Treasury beginning on
October 1, 2006, such sums as may be necessary, but not to exceed
$106,000,000, to implement this Act. The Assistant Secretary of
Commerce for Communications and Information shall ensure that the Under
Secretary of Homeland Security for Science and Technology and the
Undersecretary of Commerce for Oceans and Atmosphere are provided
adequate funds to carry out their responsibilities under sections 4 and
5 of this Act. The Treasury shall be reimbursed, without interest, from
amounts in the Digital Television Transition and Public Safety Fund as
funds are deposited into the Fund. | Warning, Alert, and Response Network Act - Requires the Federal Communications Commission (FCC) to: (1) adopt technical requirements for commercial mobile service alerts; and (2) establish a Commercial Mobile Service Alert Advisory Committee to make recommendations to the FCC for assisting commercial mobile service providers in providing emergency alerts to their subscribers.
Requires the Under Secretary of Homeland Security for Science and Technology to establish a research, development, testing, and evaluation program to support the development of technologies to increase the number of commercial mobile service devices that can receive emergency alerts.
Requires the Under Secretary of Commerce for Oceans and Atmosphere to establish a grant program to provide for outdoor alerting technologies in remote communities to enable residents of such communities to receive emergency alerts.
Provides for additional funding for commercial mobile service alerts from the Digital Transition and Public Safety Fund.
Authorizes the Assistant Secretary of Commerce for Communications and Information to borrow up to $106 million from the Treasury to implement mobile alert programs under this Act. | {"src": "billsum_train", "title": "To establish a voluntary framework through which commercial mobile service providers can elect to transmit emergency alerts to subscribers."} | 3,129 | 216 | 0.606295 | 1.534437 | 0.765006 | 3.948187 | 14.963731 | 0.953368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Multifamily Housing Mortgage
Loan Limit Adjustment Act of 2001''.
SEC. 2. MORTGAGE LOAN LIMITS FOR MULTIFAMILY PROJECTS.
(a) Section 207 Limits.--Section 207(c)(3) of the National Housing
Act (12 U.S.C. 1713(c)(3)) is amended--
(1) by striking ``$30,420'' and inserting ``$38,025'';
(2) by striking ``$33,696'' and inserting ``$42,120'';
(3) by striking ``$40,248'' and inserting ``$50,310'';
(4) by striking ``$49,608'' and inserting ``$62,010'';
(5) by striking ``$56,160'' and inserting ``$70,200'';
(6) by striking ``$9,000'' and inserting ``$11,250'';
(7) by striking ``$35,100'' and inserting ``$43,875'';
(8) by striking ``$39,312'' and inserting ``$49,140'';
(9) by striking ``$48,204'' and inserting ``$60,255'';
(10) by striking ``$60,372'' and inserting ``$75,465''; and
(11) by striking ``$68,262'' and inserting ``$85,328''.
(b) Section 213 Limits.--Section 213(b)(2) of the National Housing
Act (12 U.S.C. 1715e(b)(2)) is amended--
(1) by striking ``$30,420'' and inserting ``$38,025'';
(2) by striking ``$33,696'' and inserting ``$42,120'';
(3) by striking ``$40,248'' and inserting ``$50,310'';
(4) by striking ``$49,608'' and inserting ``$62,010'';
(5) by striking ``$56,160'' and inserting ``$70,200'';
(6) by striking ``$35,100'' and inserting ``$43,875'';
(7) by striking ``$39,312'' and inserting ``$49,140'';
(8) by striking ``$48,204'' and inserting ``$60,255'';
(9) by striking ``$60,372'' and inserting ``$75,465''; and
(10 by striking ``$68,262'' and inserting ``$85,328''.
(c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the National
Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended--
(1) by striking ``$30,420'' and inserting ``$38,025'';
(2) by striking ``$33,696'' and inserting ``$42,120'';
(3) by striking ``$40,248'' and inserting ``$50,310'';
(4) by striking ``$49,608'' and inserting ``$62,010'';
(5) by striking ``$56,160'' and inserting ``$70,200'';
(6) by striking ``$35,100'' and inserting ``$43,875'';
(7) by striking ``$39,312'' and inserting ``$49,140'';
(8) by striking ``$48,204'' and inserting ``$60,255'';
(9) by striking ``$60,372'' and inserting ``$75,465''; and
(10) by striking ``$68,262'' and inserting ``$85,328''.
(d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the
National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended--
(1) by striking ``$33,638'' and inserting ``$42,048'';
(2) by striking ``$38,785'' and inserting ``$48,481'';
(3) by striking ``$46,775'' and inserting ``$58,469'';
(4) by striking ``$59,872'' and inserting ``$74,840'';
(5) by striking ``$66,700'' and inserting ``$83,375'';
(6) by striking ``$35,400'' and inserting ``$44,250'';
(7) by striking ``$40,579'' and inserting ``$50,724'';
(8) by striking ``$49,344'' and inserting ``$61,680'';
(9) by striking ``$63,834'' and inserting ``$79,793''; and
(10) by striking ``$70,070'' and inserting ``$87,588''.
(e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the
National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended--
(1) by striking ``$30,274'' and inserting ``$37,843'';
(2) by striking ``$34,363'' and inserting ``$42,954'';
(3) by striking ``$41,536'' and inserting ``$51,920'';
(4) by striking ``$52,135'' and inserting ``$65,169'';
(5) by striking ``$59,077'' and inserting ``$73,846'';
(6) by striking ``$32,701'' and inserting ``$40,876'';
(7) by striking ``$37,487'' and inserting ``$46,859'';
(8) by striking ``$45,583'' and inserting ``$56,979'';
(9) by striking ``$58,968'' and inserting ``$73,710''; and
(10) by striking ``$64,730'' and inserting ``$80,913''.
(f) Section 231 Limits.--Section 231(c)(2) of the National Housing
Act (12 U.S.C. 1715v(c)(2)) is amended--
(1) by striking ``$28,782'' and inserting ``$35,978'';
(2) by striking ``$32,176'' and inserting ``$40,220'';
(3) by striking ``$38,423'' and inserting ``$48,029'';
(4) by striking ``$46,238'' and inserting ``$57,798'';
(5) by striking ``$54,360'' and inserting ``$67,950'';
(6) by striking ``$32,701'' and inserting ``$40,876'';
(7) by striking ``$37,487'' and inserting ``$46,859'';
(8) by striking ``$45,583'' and inserting ``$56,979'';
(9) by striking ``$58,968'' and inserting ``$73,710''; and
(10) by striking ``$64,730'' and inserting ``$80,913''.
(g) Section 234 Limits.--Section 234(e)(3) of the National Housing
Act (12 U.S.C. 1715y(e)(3)) is amended--
(1) by striking ``$30,420'' and inserting ``$38,025'';
(2) by striking ``$33,696'' and inserting ``$42,120'';
(3) by striking ``$40,248'' and inserting ``$50,310'';
(4) by striking ``$49,608'' and inserting ``$62,010'';
(5) by striking ``$56,160'' and inserting ``$70,200'';
(6) by striking ``$35,100'' and inserting ``$43,875'';
(7) by striking ``$39,312'' and inserting ``$49,140'';
(8) by striking ``$48,204'' and inserting ``$60,255'';
(9) by striking ``$60,372'' and inserting ``$75,465''; and
(10) by striking ``$68,262'' and inserting ``$85,328''.
SEC. 3. REGULATIONS.
The Secretary of Housing and Urban Development shall issue
regulations necessary to carry out the amendments made by this Act,
which regulations shall take effect not later than the expiration of
the 1-year period beginning on the date of enactment of this Act.
SEC. 4. COST ADJUSTMENTS.
The dollar amounts established by the amendments made by this Act
shall be increased annually by the Secretary by the amount of increase,
if any, in the Annual Construction Cost Index prepared by the Bureau of
the Census within the Department of Commerce, in accordance with
regulations prescribed by the Secretary. | FHA Multifamily Housing Mortgage Loan Limit Adjustment Act of 2001 - Amends the National Housing Act to increase multifamily project mortgage loan limits for: (1) rental housing; (2) cooperative housing; (3) rehabilitation and neighborhood conservation housing; (4) housing for moderate income and displaced families; (5) housing for the elderly; and (6) condominiums. | {"src": "billsum_train", "title": "A bill to increase the mortgage loan limits under the National Housing Act for multifamily housing mortgage insurance."} | 2,318 | 72 | 0.559964 | 1.27335 | 0.495898 | 2.183099 | 23.633803 | 0.802817 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Let Seniors Work Act of 2014''.
SEC. 2. ELIMINATION OF PAYROLL TAX FOR INDIVIDUALS WHO HAVE ATTAINED
RETIREMENT AGE.
(a) In General.--Section 230 of the Social Security Act (42 U.S.C.
430) is amended--
(1) in subsection (a), by striking ``subsection (b) or
(c)'' and inserting ``subsection (b), (c), or (e)'',
(2) in subsection (b), by striking ``subsection (c)'' and
inserting ``subsections (c) and (e)'', and
(3) by adding at the end the following new subsection:
``(e) Notwithstanding any other provision of law, the contribution
and benefit base determined under this section for any calendar year
after 2014 for any individual who has attained retirement age (as
defined in section 216(l)(1)) shall be reduced to zero.''.
(b) Effective Date.--The amendments made by this section shall
apply to remuneration paid in any calendar year after 2014.
SEC. 3. REPEAL OF PROVISIONS RELATING TO DEDUCTIONS ON ACCOUNT OF WORK.
(a) In General.--Subsections (b), (c)(1), (d), (f), (h), (j), and
(k) of section 203 of the Social Security Act (42 U.S.C. 403) are
repealed.
(b) Conforming Amendments.--Section 203 of such Act (as amended by
subsection (a)) is further amended--
(1) in subsection (c), by redesignating such subsection as
subsection (b), and--
(A) by striking ``Noncovered Work Outside the
United States or'' in the heading;
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (1), (2), and (3), respectively;
(C) by striking ``For purposes of paragraphs (2),
(3), and (4)'' and inserting ``For purposes of
paragraphs (1), (2), and (3)''; and
(D) by striking the last sentence;
(2) in subsection (e), by redesignating such subsection as
subsection (c), and by striking ``subsections (c) and (d)'' and
inserting ``subsection (b)'';
(3) in subsection (g), by redesignating such subsection as
subsection (d), and by striking ``subsection (c)'' each place
it appears and inserting ``subsection (b)''; and
(4) in subsection (l), by redesignating such subsection as
subsection (e), and by striking ``subsection (g) or (h)(1)(A)''
and inserting ``subsection (d)''.
SEC. 4. ADDITIONAL CONFORMING AMENDMENTS.
(a) Provisions Relating to Benefits Terminated Upon Deportation.--
Section 202(n)(1) of the Social Security Act (42 U.S.C. 402(n)(1)) is
amended by striking ``Section 203 (b), (c), and (d)'' and inserting
``Section 203(b)''.
(b) Provisions Relating to Exemptions From Reductions Based on
Early Retirement.--
(1) Section 202(q)(5)(B) of such Act (42 U.S.C.
402(q)(5)(B)) is amended by striking ``section 203(c)(2)'' and
inserting ``section 203(b)(1)''.
(2) Section 202(q)(7)(A) of such Act (42 U.S.C.
402(q)(7)(A)) is amended by striking ``deductions under section
203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting
``deductions on account of work under section 203 or deductions
under section 222(b)''.
(c) Provisions Relating to Exemptions From Reductions Based on
Disregard of Certain Entitlements to Child's Insurance Benefits.--
(1) Section 202(s)(1) of such Act (42 U.S.C. 402(s)(1)) is
amended by striking ``paragraphs (2), (3), and (4) of section
203(c)'' and inserting ``paragraphs (1), (2), and (3) of
section 203(b)''.
(2) Section 202(s)(3) of such Act (42 U.S.C. 402(s)(3)) is
amended by striking ``The last sentence of subsection (c) of
section 203, subsection (f)(1)(C) of section 203, and
subsections'' and inserting ``Subsections''.
(d) Provisions Relating to Suspension of Aliens' Benefits.--Section
202(t)(7) of such Act (42 U.S.C. 402(t)(7)) is amended by striking
``Subsections (b), (c), and (d)'' and inserting ``Subsection (b)''.
(e) Provisions Relating to Reductions in Benefits Based on Maximum
Benefits.--Section 203(a)(3)(B)(iii) of such Act (42 U.S.C.
403(a)(3)(B)(iii)) is amended by striking ``and subsections (b), (c),
and (d)'' and inserting ``and subsection (b)''.
(f) Provisions Relating to Penalties for Misrepresentations
Concerning Earnings for Periods Subject to Deductions on Account of
Work.--Section 208(a)(1)(C) of such Act (42 U.S.C. 408(a)(1)(C)) is
amended by striking ``under section 203(f) of this title for purposes
of deductions from benefits'' and inserting ``under section 203 for
purposes of deductions from benefits on account of work''.
(g) Provisions Taking Into Account Earnings in Determining Benefit
Computation Years.--Clause (I) in the next to last sentence of section
215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended by
striking ``no earnings as described in section 203(f)(5) in such year''
and inserting ``no wages, and no net earnings from self-employment (in
excess of net loss from self-employment), in such year''.
(h) Provisions Relating to Rounding of Benefits.--Section 215(g) of
such Act (42 U.S.C. 415(g)) is amended by striking ``and any deduction
under section 203(b)''.
(i) Provisions Relating to Earnings Taken Into Account in
Determining Substantial Gainful Activity of Blind Individuals.--The
second sentence of section 223(d)(4)(A) of such Act (42 U.S.C.
423(d)(4)(A)) is amended by striking ``if section 102 of the Senior
Citizens Right to Work Act of 1996 had not been enacted'' and inserting
the following: ``if the amendments to section 203 made by section 102
of the Senior Citizens Right to Work Act of 1996 and by the Social
Security Earnings Test Repeal Act of 2014 had not been enacted''.
(j) Provisions Defining Income for Purposes of SSI.--Section
1612(a) of such Act (42 U.S.C. 1382a(a)) is amended--
(1) by striking ``as determined under section
203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as defined
in the last two sentences of this subsection''; and
(2) by adding at the end (after and below paragraph (2)(H))
the following:
``For purposes of paragraph (1)(A), the term `wages' means wages as
defined in section 209, but computed without regard to the limitations
as to amounts of remuneration specified in paragraphs (1), (6)(B),
(6)(C), (7)(B), and (8) of section 209(a). In making the computation
under the preceding sentence, (A) services which do not constitute
employment as defined in section 210, performed within the United
States by an individual as an employee or performed outside the United
States in the active military or naval services of the United States,
shall be deemed to be employment as so defined if the remuneration for
such services is not includible in computing the individual's net
earnings or net loss from self-employment for purposes of title II, and
(B) the term `wages' shall be deemed not to include (i) the amount of
any payment made to, or on behalf of, an employee or any of his or her
dependents (including any amount paid by an employer for insurance or
annuities, or into a fund, to provide for any such payment) on account
of retirement, or (ii) any payment or series of payments by an employer
to an employee or any of his or her dependents upon or after the
termination of the employee's employment relationship because of
retirement after attaining an age specified in a plan referred to in
section 209(a)(11)(B) or in a pension plan of the employer.''.
(k) Repeal of Deductions on Account of Work Under the Railroad
Retirement Program.--
(1) In general.--Section 2 of the Railroad Retirement Act
of 1974 (45 U.S.C. 231a) is amended--
(A) by striking subsection (f); and
(B) by striking subsection (g)(2) and by
redesignating subsection (g)(1) as subsection (g).
(2) Conforming amendments.--
(A) Section 3(f)(1) of such Act (45 U.S.C.
231b(f)(1)) is amended in the first sentence by
striking ``before any reductions under the provisions
of section 2(f) of this Act,''.
(B) Section 4(g)(2) of such Act (45 U.S.C.
231c(g)(2)) is amended--
(i) in clause (i), by striking ``shall,
before any deductions under section 2(g) of
this Act,'' and inserting ``shall''; and
(ii) in clause (ii), by striking ``any
deductions under section 2(g) of this Act and
before''.
SEC. 5. EFFECTIVE DATE.
The amendments and repeals made by sections 3 and 4 of this Act
shall apply with respect to taxable years ending on or after the date
of the enactment of this Act. | Let Seniors Work Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) eliminate the payroll tax for individuals who have attained retirement age, and (2) remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits. | {"src": "billsum_train", "title": "Let Seniors Work Act of 2014"} | 2,530 | 87 | 0.466335 | 1.124996 | 0.410251 | 2.616438 | 27.438356 | 0.835616 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cooperative Interjurisdictional
Rivers Fisheries Resources Act of 1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) several rivers flow between, or are common to, 2 or
more State boundaries;
(2) in many cases, there is not a single entity which has
complete jurisdictional responsibility for the fisheries
resources in these rivers;
(3) a strong partnership between Federal and State
governmental authorities is vital in coordinating and
facilitating cooperative research and in resolving problems
associated with large river ecosystems because, among other
reasons, many fishery management problems are caused by
federally regulated activities (including activities resulting
in point and nonpoint pollution) and federally constructed
projects (including dams and navigation facilities);
(4) in some rivers, the once rich assemblages of fish fauna
and diverse habitats have been lost and formerly abundant
native fish now exist only as endangered or depleted
populations;
(5) without positive management actions, native species in
some rivers will continue to decline, fostering even greater
conflicts among water users;
(6) construction of waterway developments (including
navigation, flood control, water level fluctuation, power
generation, irrigation, and general water depletion projects)
is accelerating and increasingly degrading large river
ecosystems nationwide;
(7) the United States public will face reduced
opportunities for recreational, commercial, subsistence, and
aesthetic uses of river systems without demonstrable change in
management strategies in the near future;
(8) several programs have been proposed or are underway to
resolve conflicts in these management strategies;
(9) in one of these programs, Federal, State, and local
fisheries managers in the Mississippi River drainage basin have
entered into the Mississippi Interstate Cooperative Resource
Agreement under which the managers will share resources,
facilities, and funding for preparation and development of
long-range strategic plans for management of the drainage
basin's interjurisdictional fisheries;
(10) the Mississippi Interstate Cooperative Resource
Agreement merits detailed evaluation as a model for the
development of long-range strategic plans for the management of
interjurisdictional rivers fisheries resources; and
(11) to ensure that these programs are appropriately
coordinated and to conserve the fisheries resources in
interjurisdictional rivers, there is a need for strategies to
improve coordination, cooperation, research, and information
sharing.
SEC. 3. COUNCIL ON INTERJURISDICTIONAL RIVERS FISHERIES.
(a) Establishment.--There is established a council to be known as
the ``Council on Interjurisdictional Rivers Fisheries'' (in this Act
referred to as the ``Council'').
(b) Duties.--
(1) In general.--The Council shall develop recommendations
for cooperative action strategies on the management of
interjurisdictional rivers fisheries.
(2) Contents of strategies.--The recommended strategies to
be developed by the Council under this subsection shall at a
minimum contain the following:
(A) A listing of the 10 highest priority
interjurisdictional rivers in need of cooperative
fisheries management.
(B) Comprehensive fishery strategic plans for the 5
highest priority interjurisdictional rivers identified
pursuant to subparagraph (A), including goals,
objectives, implementation schedules, and estimates of
costs necessary to fully develop and implement the
strategic plans.
(3) Considerations.--In developing a listing of the highest
priority interjurisdictional rivers in developing and
comprehensive fishery strategic plans, the Council shall
consider the following:
(A) The nature and severity of problems of the
interjurisdictional rivers creating the need for
enhanced cooperation.
(B) The adequacy of existing management programs
for the interjurisdictional rivers to address these
problems.
(C) The status and trends of fisheries resources in
the interjurisdictional rivers.
(D) The biological, physical, geologic, and
hydrographic characteristics of the interjurisdictional
rivers and the economic demands (including water uses)
on these rivers.
(4) Review and approval of strategic plans by states.--The
Council may not issue a cooperative action strategy under this
section in final form unless--
(A) the Council has submitted each comprehensive
fishery strategic plan contained in the strategy to
each State having jurisdiction over an
interjurisdictional river that is covered by the plan;
and
(B) the director of each State fish and wildlife
agency has been offered the opportunity to choose
whether the strategy will be applicable to his State.
(c) Membership.--
(1) Number and appointment.--The Council shall be composed
of 13 members as follows:
(A) The Secretary (or the Secretary's designee) who
shall serve as chairperson of the Council.
(B) 7 individuals appointed by the Secretary who
are qualified to serve on the Council by virtue of
being the director of a State fish and wildlife agency
which represents 1 of the following major
interjurisdictional drainage systems of the United
States: the upper Mississippi, lower Mississippi,
Colorado, Missouri, Ohio, Pacific Coastal, and Atlantic
Coastal Systems.
(C) The Assistant Administrator for Fisheries of
the National Marine Fisheries Service of the Department
of Commerce (or the Assistant Administrator's
designee).
(D) The Secretary of the Department of Energy (or
the Secretary's designee).
(E) The Assistant Secretary of the Army for Civil
Works (or the Assistant Secretary's designee).
(F) The Chairman of the Tennessee Valley Authority
(or the Chairman's designee).
(G) One member of the Federal Energy Regulatory
Commission to be appointed by the Secretary (or the
member's designee).
(2) Terms.--Members shall be appointed for a term of 3
years.
(3) Vacancies.--A vacancy on the Council shall be filled in
the manner in which the original appointment was made. Any
member appointed to fill a vacancy occurring before the
expiration of the term for which the member's predecessor was
appointed shall be appointed only for the remainder of such
term.
(4) Pay.--Members shall serve without pay.
(5) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Council, members shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code; except that
members shall be entitled to receive such expenses only to the
extent that amounts are made available for such purpose in
advance in appropriations Acts.
(d) Transaction of Business.--In resolving matters before the
Council, attempts shall be made to reach consensus by the members. In
the event consensus cannot be reached, all decisions of the Council
will be made by majority vote of all its members. Provisions shall be
made to include a statement of minority opinion in matters in which a
consensus cannot be reached.
(e) Meetings.--The Council shall meet at the call of the
Chairperson or upon the request of a majority of the members.
(f) Staff and Administration.--
(1) Administrative support.--The Secretary shall provide
the Council with such administrative support services as are
necessary for the effective functioning of the Council.
(2) Organization.--The Council shall determine its
organization and prescribe the practices and procedures for
carrying out its duties under subsection (b).
(g) Limitation on Spending Authority.--No money authorized to be
appropriated under this Act may be used to reimburse any agency or
governmental unit (whose employees are Council members) for time spent
by any such employee performing duties of the Council.
(h) Federal Advisory Committee Act Exemption.--Conduct of business
of the Council is exempt from the provisions of the Federal Advisory
Committee Act.
(i) Report to Congress.--Not later than 36 months after the date of
the enactment of this Act, the Secretary shall transmit to Congress a
report containing the strategies to be developed under this section,
together with all statements of minority opinion received by the
Secretary pursuant to subsection (d).
(j) Termination.--The Council shall terminate 30 days after the
date on which a report is submitted under subsection (i).
(k) Limitation on Statutory Construction.--Nothing in this Act
shall be construed--
(1) to diminish the authority or responsibility of a State
with respect to interjurisdictional resources within an
interjurisdictional river or which depend on an
interjurisdictional river;
(2) to authorize the Secretary to implement any strategy
developed under this Act which is beyond the Secretary's
authority on the date of the enactment of this Act; or
(3) to supercede the authority and agreements of existing
commissions or compacts.
SEC. 4. MISSISSIPPI INTERSTATE COOPERATIVE RESOURCE AGREEMENT.
(a) Evaluation.--The Secretary, in cooperation with the Mississippi
Interstate Cooperative Resource Agreement Steering Committee, shall
conduct a pilot test of the Mississippi Interstate Cooperative Resource
Agreement.
(b) Contents.--The pilot test to be conducted under this section
shall include the following:
(1) Identification and description of each of the river
ecosystems of the Mississippi River drainage system and the
associated fishery resources and fish habitat of such river
ecosystems.
(2) Identification and description of the known impacts of
and mitigation techniques for navigation, flood control, power
generation, irrigation, and municipal water supplies projects
on fishery resources of the Mississippi River drainage basin,
including the impacts of dredging, channel maintenance, water
level management, sediment and contaminant transport, vessel
traffic, water withdrawal, and changes in salinity and various
hydrologic conditions.
(3) Analysis of existing resource data with regard to
regional depletion of important fish stocks (including
paddlefish, lake sturgeon, and walleye) and the potential for
restoration of such fish stocks.
(4) Identification of major information gaps and
technological needs to improve the cooperative management of
interjurisdictional fisheries resources.
(5) A comprehensive study of the status, and the
management, research, and restoration needs, of the
interjurisdictional fisheries of the Mississippi River drainage
system.
(6) Development of recommendations regarding the scope,
schedule, regional priorities, and roles of participants in the
Mississippi Interstate Cooperative Resource Agreement for
undertaking cooperative management and research projects.
(7) Development of plans and testing projects for the
restoration and enhancement of depleted fish stocks (including
lake sturgeon, paddlefish, walleye, and other high priority
nonanadromous species) and associated habitats of such fish
stocks.
(8) Evaluation of the feasibility and expected success of
the program under the Mississippi Interstate Cooperative
Resource Agreement and the merits of extending such program of
cooperative management strategy to other river basins in the
United States.
(9) Estimates of funds required to implement
recommendations and plans developed under paragraphs (6), (7),
and (8).
(c) Report to Congress.--Not later than 36 months after the date of
the enactment of this Act, the Secretary shall transmit to Congress a
report containing the evaluation of the pilot test to be conducted
under this section.
SEC. 5. DEFINITIONS.
For the purpose of this Act, the following definitions apply:
(1) Interjurisdictional fisheries resources.--The term
``interjurisdictional fisheries resources'' means fisheries
resources, and associated river ecosystems, that depend on
interjurisdictional rivers and are under the management of 2 or
more governmental entities.
(2) Interjurisdictional river.--The term
``interjurisdictional river'' means a river that flows between,
or is common to, 2 or more State boundaries.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(4) State fish and wildlife agency.--The term ``State Fish
and Wildlife Agency'' includes any State department or agency,
or a part thereof, that is empowered under the laws of the
State to exercise the functions ordinarily exercised by a State
fish and wildlife agency.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary for each of
fiscal years 1994, 1995, and 1996--
(1) $1,000,000 per fiscal year to carry out section 3; and
(2) $2,000,000 per fiscal year to carry out section 4.
Such sums shall remain available until expended. | Cooperative Interjurisdictional Rivers Fisheries Resources Act of 1993 - Establishes the Council on Interjurisdictional Rivers Fisheries to develop recommendations for cooperative action strategies on the management of interjurisdictional rivers fisheries, including: (1) a listing of the ten highest priority interjurisdictional rivers in need of cooperative fisheries management; and (2) comprehensive fishery strategic plans for the five highest priority rivers. Requires that each plan be submitted to each State having jurisdiction over a covered interjurisdictional river and that the director of each State fish and wildlife agency be offered the opportunity to choose whether the strategy will apply to that State.
Mandates a pilot test and report to the Congress regarding the Mississippi Interstate Cooperative Resource Agreement, including: (1) the impacts of navigation, flood control, power generation, irrigation, and municipal water supplies projects on Mississippi River drainage basin fishery resources; and (2) a comprehensive study of the management, research, and restoration needs of the fisheries of the river's drainage system.
Authorizes appropriations. | {"src": "billsum_train", "title": "Cooperative Interjurisdictional Rivers Fisheries Resources Act of 1993"} | 2,685 | 230 | 0.682606 | 2.211199 | 0.808211 | 3.848168 | 13.005236 | 0.947644 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warriors Joint Health Care
Ombudsman Act''.
SEC. 2. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE-WIDE OMBUDSMAN OFFICE.
(a) Establishment.--The Secretary of Defense shall establish a
Department of Defense-wide Ombudsman Office (in this Act referred to as
the ``Ombudsman Office'') and assign the responsibility for overseeing
the Office to the Assistant Secretary of Defense for Health Affairs.
(b) Functions.--The functions of the Ombudsman Office are to
provide assistance to and answer questions from medical holdover
patients and their families regarding--
(1) administrative processes, financial matters, and non-
military related services available to the patients and their
families throughout the patient's evaluation, treatment, and
recovery;
(2) transfer to the care of the Veterans Administration;
and
(3) support services available upon the patient's return
home.
(c) Additional Requirements.--
(1) Accountability standards.--The Ombudsman Office shall--
(A) create and maintain case files for individual
specific questions received, and initiate inquiries and
track responses for all such questions;
(B) set standards for timeliness of responses; and
(C) set standards for accountability to medical
holdover patients and their families, including
requirements for daily updates to patients and family
members about steps being taken to alleviate problems
and concerns until problems are addressed.
(2) Toll-free phone numbers.--The Ombudsman shall establish
and maintain toll-free telephone assistance phone numbers as
follows:
(A) One number shall be available for medical
holdover patients and their families and shall operate
8 hours a day and 7 days a week.
(B) One number shall be available for medical
emergency questions 24 hours a day and 7 days a week.
(3) Status reports.--The Ombudsman Office shall submit
weekly status reports of actions taken to address individual
concerns to the Secretary of Defense, the Secretary of each
military department, and the inspector general of each military
department. The Office shall also report to the commander or
director of the office or facility with responsibility for the
patients covered by the status report.
(d) Responses From Other Offices.--The Secretary of Defense shall
ensure that all other offices within the Department of Defense and the
military departments respond in a timely manner to resolve questions
and requests from the Ombudsman Office on behalf of medical holdover
patients and their families, including offices responsible for medical
matters (including medical holdover processes), financial and
accounting matters, legal matters, human resources matters, reserve
component matters, installation and management matters, and physical
disability matters.
(e) Briefings.--The head of the Ombudsman Office shall conduct
briefings of senior leadership in the military departments on all
medical holdover trends, issues, and problems in person on a monthly
basis.
(f) Congressional Inquiries.--The Ombudsman Office shall be
responsible for handling, and for setting standards regarding the
handling of, all inquiries from Congress regarding medical holdover
patients and other medical questions related to the Armed Forces. The
Ombudsman Office may report about congressional inquiries to the
congressional liaison headquarters of each military department.
(g) Staff of the Office.--
(1) Head.--The Ombudsman Office should be headed by a
general or flag officer.
(2) Staff.--The Ombudsman Office shall be staffed by
personnel from offices of the Surgeon General of each military
department and also shall include representatives from each
military department with responsibility for a part of patient
processing and representatives from reserve components.
Personnel in the Ombudsman office should--
(A) be highly trained in their office and command
processes;
(B) be given standardized and updated information
on all military retention facility personnel charged
with on-location assistance; and
(C) in the case of military personnel, be assigned
to the Office for a period of at least 3 years, and in
the case of civilian personnel, be assigned to the
Office permanently if practicable.
(3) Training and testing.--Ombudsman personnel should be
tested and evaluated on a standardized basis. Ombudsman
personnel should be also trained to deal with members of the
Armed Forces with post-traumatic stress disorder and other
brain injuries.
(h) Medical Holdover Patient.--In this Act, the term ``medical
holdover patient'' means a member of the Armed Forces, including a
member of the National Guard or other reserve component, who is
undergoing medical treatment, recuperation, or therapy, or is otherwise
in medical hold or holdover status, for an injury, illness, or disease
incurred or aggravated while on active duty in the Armed Forces.
(I) Authorization.--There is authorized to be appropriated to carry
out this Act $2,000,000 for fiscal year 2007, and $1,000,000 for each
of fiscal years 2008 and 2009. | Wounded Warriors Joint Health Care Ombudsman Act - Directs the Secretary of Defense to establish a Department of Defense (DOD)-wide Ombudsman Office and to assign Office oversight responsibility to the Assistant Secretary of Defense for Health Affairs.
Requires the Ombudsman to provide assistance to and answer questions from medical holdover patients and their families regarding: (1) administrative processes, financial matters, and non-military related services available to such patients and families; (2) transfer to the care of the Veterans Administration (VA); and (3) support services available upon the patient's return home. Directs the Ombudsman to establish toll-free telephone numbers for such patients and family members. Makes the Ombudsman responsible for handling congressional inquiries regarding medical holdover patients and other medical questions related to the Armed Forces.
Defines a medical holdover patient as one held over for medical treatment by DOD for an injury, illness, or disease incurred or aggravated while on active duty. | {"src": "billsum_train", "title": "To create a Department of Defense-wide Ombudsman Office."} | 1,076 | 216 | 0.684418 | 2.140401 | 1.043565 | 5.4 | 5.438889 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Alzheimer's Project Act''.
SEC. 2. THE NATIONAL ALZHEIMER'S PROJECT.
(a) Definition of Alzheimer's.--In this Act, the term
``Alzheimer's'' means Alzheimer's disease and related dementias.
(b) Establishment.--There is established in the Office of the
Secretary of Health and Human Services the National Alzheimer's Project
(referred to in this Act as the ``Project'').
(c) Purpose of the Project.--The Secretary of Health and Human
Services, or the Secretary's designee, shall--
(1) be responsible for the creation and maintenance of an
integrated national plan to overcome Alzheimer's;
(2) provide information and coordination of Alzheimer's
research and services across all Federal agencies;
(3) accelerate the development of treatments that would
prevent, halt, or reverse the course of Alzheimer's;
(4) improve the--
(A) early diagnosis of Alzheimer's disease; and
(B) coordination of the care and treatment of citizens with
Alzheimer's;
(5) ensure the inclusion of ethnic and racial populations at
higher risk for Alzheimer's or least likely to receive care, in
clinical, research, and service efforts with the purpose of
decreasing health disparities in Alzheimer's; and
(6) coordinate with international bodies to integrate and
inform the fight against Alzheimer's globally.
(d) Duties of the Secretary.--
(1) In general.--The Secretary of Health and Human Services, or
the Secretary's designee, shall--
(A) oversee the creation and updating of the national plan
described in paragraph (2); and
(B) use discretionary authority to evaluate all Federal
programs around Alzheimer's, including budget requests and
approvals.
(2) National plan.--The Secretary of Health and Human Services,
or the Secretary's designee, shall carry out an annual assessment
of the Nation's progress in preparing for the escalating burden of
Alzheimer's, including both implementation steps and
recommendations for priority actions based on the assessment.
(e) Advisory Council.--
(1) In general.--There is established an Advisory Council on
Alzheimer's Research, Care, and Services (referred to in this Act
as the ``Advisory Council'').
(2) Membership.--
(A) Federal members.--The Advisory Council shall be
comprised of the following experts:
(i) A designee of the Centers for Disease Control and
Prevention.
(ii) A designee of the Administration on Aging.
(iii) A designee of the Centers for Medicare & Medicaid
Services.
(iv) A designee of the Indian Health Service.
(v) A designee of the Office of the Director of the
National Institutes of Health.
(vi) The Surgeon General.
(vii) A designee of the National Science Foundation.
(viii) A designee of the Department of Veterans
Affairs.
(ix) A designee of the Food and Drug Administration.
(x) A designee of the Agency for Healthcare Research
and Quality.
(B) Non-federal members.--In addition to the members
outlined in subparagraph (A), the Advisory Council shall
include 12 expert members from outside the Federal Government,
which shall include--
(i) 2 Alzheimer's patient advocates;
(ii) 2 Alzheimer's caregivers;
(iii) 2 health care providers;
(iv) 2 representatives of State health departments;
(v) 2 researchers with Alzheimer's-related expertise in
basic, translational, clinical, or drug development
science; and
(vi) 2 voluntary health association representatives,
including a national Alzheimer's disease organization that
has demonstrated experience in research, care, and patient
services, and a State-based advocacy organization that
provides services to families and professionals, including
information and referral, support groups, care
consultation, education, and safety services.
(3) Meetings.--The Advisory Council shall meet quarterly and
such meetings shall be open to the public.
(4) Advice.--The Advisory Council shall advise the Secretary of
Health and Human Services, or the Secretary's designee.
(5) Annual report.--The Advisory Council shall provide to the
Secretary of Health and Human Services, or the Secretary's designee
and Congress--
(A) an initial evaluation of all federally funded
efforts in Alzheimer's research, clinical care, and
institutional-, home-, and community-based programs and their
outcomes;
(B) initial recommendations for priority actions to expand,
eliminate, coordinate, or condense programs based on the
program's performance, mission, and purpose;
(C) initial recommendations to--
(i) reduce the financial impact of Alzheimer's on--
(I) Medicare and other federally funded programs;
and
(II) families living with Alzheimer's disease; and
(ii) improve health outcomes; and
(D) annually thereafter, an evaluation of the
implementation, including outcomes, of the recommendations,
including priorities if necessary, through an updated national
plan under subsection (d)(2).
(6) Termination.--The Advisory Council shall terminate on
December 31, 2025.
(f) Data Sharing.--Agencies both within the Department of Health
and Human Services and outside of the Department that have data
relating to Alzheimer's shall share such data with the Secretary of
Health and Human Services, or the Secretary's designee, to enable the
Secretary, or the Secretary's designee, to complete the report
described in subsection (g).
(g) Annual Report.--The Secretary of Health and Human Services, or
the Secretary's designee, shall submit to Congress--
(1) an annual report that includes an evaluation of all
federally funded efforts in Alzheimer's research, clinical care,
and institutional-, home-, and community-based programs and their
outcomes;
(2) an evaluation of all federally funded programs based on
program performance, mission, and purpose related to Alzheimer's
disease;
(3) recommendations for--
(A) priority actions based on the evaluation conducted by
the Secretary and the Advisory Council to--
(i) reduce the financial impact of Alzheimer's on--
(I) Medicare and other federally funded programs;
and
(II) families living with Alzheimer's disease; and
(ii) improve health outcomes;
(B) implementation steps; and
(C) priority actions to improve the prevention, diagnosis,
treatment, care, institutional-, home-, and community-based
programs of Alzheimer's disease for individuals with
Alzheimer's disease and their caregivers; and
(4) an annually updated national plan.
(h) Sunset.--The Project shall expire on December 31, 2025.
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 8, 2010. The summary of that version is repeated here.) National Alzheimer's Project Act - (Sec. 2) Establishes in the Office of the Secretary of Health and Human Services (HHS) the National Alzheimer's Project. Requires the Secretary to: (1) be responsible for the creation and maintenance of an integrated national plan to overcome Alzheimer's; (2) provide information and coordination of Alzheimer's research and services across all federal agencies; (3) accelerate the development of treatments that would prevent, halt, or reverse the course of Alzheimer's; (4) improve the early diagnosis of Alzheimer's disease and coordination of the care and treatment of citizens with Alzheimer's; (5) ensure the inclusion of ethnic and racial populations at higher risk for Alzheimer's, or least likely to receive care for Alzheimer's, in clinical, research, and service efforts with the purpose of decreasing health disparities in Alzheimer's; and (6) coordinate with international bodies to integrate and inform the fight against Alzheimer's globally.
Directs the Secretary to:(1) use discretionary authority to evaluate all federal programs around Alzheimer's, including budget requests and approvals; and (2) annually assess the nation's progress in preparing for the escalating burden of Alzheimer's.
Establishes an Advisory Council on Alzheimer's Research, Care, and Services to advise the Secretary and provide the Secretary and Congress with: (1) an initial evaluation of all federally -funded efforts in Alzheimer's research, clinical care, and institutional-, home-, and community-based programs and their outcomes; (2) initial recommendations for priority actions to expand, eliminate, coordinate, or condense programs based on their performance, mission, and purpose; (3) initial recommendations to improve health outcomes and reduce the financial impact of Alzheimer's on Medicare and other federally-funded programs and on families living with Alzheimer's disease; and (4) an annual evaluation of the implementation and outcomes of the recommendations through an updated national plan. Terminates the Advisory Council on December 31, 2025.
Directs federal agencies to share Alzheimer's data with the Secretary.
Sets forth reporting requirements.
Terminates the Project on December 31, 2025. | {"src": "billsum_train", "title": "A bill to establish the National Alzheimer's Project."} | 1,486 | 475 | 0.792967 | 2.402087 | 0.785743 | 5.952596 | 3.128668 | 0.918736 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protecting
Children in the 21st Century Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN
Sec. 101. Internet safety.
Sec. 102. Public awareness campaign.
Sec. 103. Annual reports.
Sec. 104. Online safety and technology working group.
Sec. 105. Promoting online safety in schools.
Sec. 106. Definitions.
TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT
Sec. 201. Child pornography prevention; forfeitures related to child
pornography violations.
TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN
SEC. 101. INTERNET SAFETY.
For the purposes of this title, the issue of Internet safety
includes issues regarding the use of the Internet in a manner that
promotes safe online activity for children, protects children from
cybercrimes, including crimes by online predators, and helps parents
shield their children from material that is inappropriate for minors.
SEC. 102. PUBLIC AWARENESS CAMPAIGN.
The Federal Trade Commission shall carry out a nationwide program
to increase public awareness and provide education regarding strategies
to promote the safe use of the Internet by children. The program shall
utilize existing resources and efforts of the Federal Government, State
and local governments, nonprofit organizations, private technology and
financial companies, Internet service providers, World Wide Web-based
resources, and other appropriate entities, that includes--
(1) identifying, promoting, and encouraging best practices
for Internet safety;
(2) establishing and carrying out a national outreach and
education campaign regarding Internet safety utilizing various
media and Internet-based resources;
(3) facilitating access to, and the exchange of,
information regarding Internet safety to promote up-to-date
knowledge regarding current issues; and
(4) facilitating access to Internet safety education and
public awareness efforts the Commission considers appropriate
by States, units of local government, schools, police
departments, nonprofit organizations, and other appropriate
entities.
SEC. 103. ANNUAL REPORTS.
The Commission shall submit a report to the Senate Committee on
Commerce, Science, and Transportation not later than March 31 of each
year that describes the activities carried out under section 102 by the
Commission during the preceding calendar year.
SEC. 104. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP.
(a) Establishment.--Within 90 days after the date of enactment of
this Act, the Assistant Secretary of Commerce for Communications and
Information shall establish an Online Safety and Technology working
group comprised of representatives of relevant sectors of the business
community, public interest groups, and other appropriate groups and
Federal agencies to review and evaluate--
(1) the status of industry efforts to promote online safety
through educational efforts, parental control technology,
blocking and filtering software, age-appropriate labels for
content or other technologies or initiatives designed to
promote a safe online environment for children;
(2) the status of industry efforts to promote online safety
among providers of electronic communications services and
remote computing services by reporting apparent child
pornography under section 13032 of title 42, United States
Code, including amendments made by this Act with respect to the
content of such reports and any obstacles to such reporting;
(3) the practices of electronic communications service
providers and remote computing service providers related to
record retention in connection with crimes against children;
and
(4) the development of technologies to help parents shield
their children from inappropriate material on the Internet.
(b) Report.--Within 1 year after the working group is first
convened, it shall submit a report to the Assistant Secretary and the
Senate Committee on Commerce, Science, and Transportation that--
(1) describes in detail its findings, including any
information related to the effectiveness of such strategies and
technologies and any information about the prevalence within
industry of educational campaigns, parental control
technologies, blocking and filtering software, labeling, or
other technologies to assist parents; and
(2) includes recommendations as to what types of incentives
could be used or developed to increase the effectiveness and
implementation of such strategies and technologies.
(c) FACA Not To Apply to Working Group.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the working group.
SEC. 105. PROMOTING ONLINE SAFETY IN SCHOOLS.
Section 254(h)(5)(B) of the Communications Act of 1934 (47 U.S.C.
254(h)(5)(b)) is amended--
(1) by striking ``and'' after the semicolon in clause (i);
(2) by striking ``minors.'' in clause (ii) and inserting
``minors; and''; and
(3) by adding at the end the following:
``(iii) as part of its Internet safety
policy is educating minors about appropriate
online behavior, including interacting with
other individuals on social networking websites
and in chat rooms and cyberbullying awareness
and response.''.
SEC. 106. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Internet.--The term ``Internet'' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor successor protocols to such protocol, to
communicate information of all kinds by wire or radio.
TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT
SEC. 201. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED TO CHILD
PORNOGRAPHY VIOLATIONS.
(a) In General.--Section 503(b)(1) of the Communications Act of
1934 (47 U.S.C. 503(b)(1)) is amended--
(1) by striking ``or'' after the semicolon in subparagraph
(C);
(2) by striking ``or 1464'' in subparagraph (D) and
inserting ``1464, or 2252'';
(3) by inserting ``or'' after the semicolon in subparagraph
(D); and
(4) by inserting after subparagraph (D) the following:
``(E) violated any provision of section 227 of the Victims
of Child Abuse Act of 1990 (42 U.S.C. 13032);''.
Passed the Senate May 22, 2008.
Attest:
Secretary.
110th CONGRESS
1st Session
S. 1965
_______________________________________________________________________
AN ACT
To protect children from cybercrimes, including crimes by online
predators, to enhance efforts to identify and eliminate child
pornography, and to help parents shield their children from material
that is inappropriate for minors. | Protecting Children in the 21st Century Act - Title I: Promoting a Safe Internet for Children - (Sec. 101) Declares that the issue of Internet safety includes issues regarding the use of the Internet in a manner that promotes safe online activity for children, protects children from cybercrimes, including crimes by online predators, and helps parents shield their children from material that is inappropriate for minors.
(Sec. 102) Directs the Federal Trade Commission (FTC) to carry out a nationwide program to increase public awareness and provide education on strategies to promote the safe use of the Internet by children.
(Sec. 103) Requires the FTC to submit annual reports (by March 31) to the Senate Committee on Commerce, Science, and Transportation on the activities of its public awareness campaign.
(Sec. 104) Directs the Assistant Secretary of Commerce for Communications and Information to establish an Online Safety and Technology working group to review and evaluate: (1) the status of industry efforts to promote online safety for children; (2) the recordkeeping practices of electronic communications and remote computing service providers in connection with crimes against children; and (3) the development of technologies to help parents protect their children from inappropriate material on the Internet.
Requires the working group to report to the Assistant Secretary and the Senate Committee on Commerce, Science, and Transportation on its findings. Renders the Federal Advisory Committee Act inapplicable to the working group.
(Sec. 105) Amends the Communications Act of 1934 to require elementary and secondary schools with computer access to the Internet to educate minors about appropriate online behavior, including online interaction with other individuals in social networking websites and in chat rooms and cyberbullying awareness and response.
Title II: Enhancing Child Pornography Enforcement - Amends the Communications Act of 1934 to impose a forfeiture penalty on Internet service providers who violate requirements of the Victims of Child Abuse Act of 1990 to report online child pornography. | {"src": "billsum_train", "title": "A bill to protect children from cybercrimes, including crimes by online predators, to enhance efforts to identify and eliminate child pornography, and to help parents shield their children from material that is inappropriate for minors."} | 1,560 | 423 | 0.730745 | 2.279224 | 0.747152 | 5.25876 | 3.876011 | 0.93531 |
SECTION 1. DEFINITIONS.
In this Act:
(1) Commodity construction material.--The term ``commodity
construction material'' means a building material (other than
iron and steel) that is used in a public work or infrastructure
project, including--
(A) non-ferrous metal-based products;
(B) pipe, including plastics and polymer-based
pipes;
(C) concrete and other aggregates;
(D) glass;
(E) lumber;
(F) drywall; and
(G) insulation.
(2) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(3) Deficient program.--The term ``deficient program''
means a program identified by the Comptroller General under
section 2(c).
(4) Infrastructure.--The term ``infrastructure'' includes,
at a minimum--
(A) roads, highways, and bridges;
(B) public transportation;
(C) water systems, including drinking water
systems, wastewater systems, and dams, ports, harbors,
and other water infrastructure;
(D) railroads, including passenger and freight
rail;
(E) freight and intermodal facilities;
(F) electrical transmission facilities and systems;
(G) utilities;
(H) broadband infrastructure; and
(I) Federal buildings and real property.
(5) Produced in the united states.--The term ``produced in
the United States'' means--
(A) in the case of iron or steel products, that all
manufacturing processes, from the initial melting stage
through the application of coatings, occurred in the
United States;
(B) in the case of manufactured products, that--
(i) all manufacturing processes for the
product occurred in the United States; and
(ii) the cost of the components of the
product that are mined, produced, or
manufactured in the United States exceeds 50 of
the total cost of all components of the
product; and
(C) in the case of commodity construction
materials, that all manufacturing processes occurred in
the United States.
SEC. 2. INVENTORY OF FEDERAL ASSISTANCE FOR PUBLIC WORKS AND
INFRASTRUCTURE.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Comptroller General shall publish a report that
identifies all Federal assistance programs for public works and
infrastructure administered by the Federal Government.
(b) Requirements.--In issuing the report under subsection (a), the
Comptroller General shall--
(1) for each program, identify whether or not a domestic
content preference requirement applies, including requirements
under--
(A) section 2533a of title 10, United States Code;
(B) section 313 of title 23, United States Code;
(C) sections 8301 through 8305 of title 41, United
States Code;
(D) section 5323(j) of title 49, United States
Code;
(E) section 24305(f) of title 49, United States
Code;
(F) section 50101 of title 49, United States Code;
(G) section 608 of the Federal Water Pollution
Control Act (33 U.S.C. 1388);
(H) section 5035 of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3914);
and
(I) any other relevant Federal law (including
regulations);
(2) for each program, if a domestic content preference
applies, provide details relating to the preference, including
a description, the scope, and any exceptions; and
(3) for each program, include a description of the type of
infrastructure projects receiving funding under the program,
including information relating to--
(A) the number of entities that are participating
in the program;
(B) the amount of Federal funds that are made
available for the program for each fiscal year; and
(C) any other information that the Comptroller
General determines to be relevant.
(c) List of Deficient Programs.--In issuing the report under
subsection (a), the Comptroller General shall include a list of
programs identified under that subsection for which a domestic content
preference requirement described in subsection (b)(1) does not apply.
SEC. 3. APPLICATION OF BUY AMERICA PREFERENCE.
(a) In General.--Notwithstanding any other provision of law,
beginning on the date on which the Comptroller General issues the
report under section 2(a), funds or credit assistance made available
under a deficient program may not be used for a project commencing
after that date for the construction, alteration, maintenance, repair,
rehabilitation, conversion, or extension of infrastructure or
acquisition of equipment and vehicles relating to an infrastructure
project unless all of the iron, steel, manufactured goods, and
commodity construction materials used in the project are produced in
the United States.
(b) Exception.--Subsection (a) shall not apply in any case in which
the head of the Federal department or agency involved finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron, steel, the relevant manufactured goods, and the
relevant commodity construction materials are not produced in
the United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
(3) inclusion of iron, steel, manufactured goods, and
commodity construction materials produced in the United States
will increase the cost of the overall project by more than 25
percent.
(c) Written Justification.--If the head of the Federal department
or agency determines that it is necessary to waive the application of
subsection (a) based on a finding under subsection (b), the head of the
department or agency shall publish in the Federal Register a detailed
written justification as to why the provision is being waived.
(d) Consistency With International Agreements.--This section shall
be applied in a manner consistent with United States obligations under
international agreements.
(e) Limitation.--Nothing in this Act imposes, creates, or alters
any requirement for a program that is not a deficient program.
SEC. 4. RULEMAKING.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Transportation shall issue regulations for purposes of
this Act that define the term ``all manufacturing processes'' for
manufactured products and commodity construction materials that are
used in public works and infrastructure projects. | This bill requires the Government Accountability Office (GAO) to publish a report that identifies all federal assistance programs for public works and infrastructure administered by the federal government. For each such program, GAO shall: (1) identify whether a domestic content preference requirement applies and, if so, provide preference details; and (2) describe the type of infrastructure projects receiving funding, the number of entities that are participating, and the amount of federal funds that are made available for each fiscal year. No funds or credit assistance made available under any such program for which a domestic content preference requirement does not apply may be used for a project commencing after the GAO issues such report for the construction, alteration, maintenance, repair, rehabilitation, conversion, or extension of infrastructure or the acquisition of related equipment and vehicles unless all of the iron, steel, manufactured goods, and commodity construction materials used in the project are produced in the United States. Such prohibition shall not apply if the agency involved finds that: applying it would be inconsistent with the public interest; iron, steel, the relevant manufactured goods, and the relevant commodity construction materials are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or inclusion of such U.S.-produced materials will increase the cost of the overall project by more than 25%. | {"src": "billsum_train", "title": "A bill to ensure that certain Federal public works and infrastructure projects use materials produced in the United States, and for other purposes."} | 1,395 | 274 | 0.54778 | 1.63851 | 0.63203 | 5.54023 | 4.97318 | 0.911877 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) In 1960, the Supreme Court ruled in Boynton v. Virginia
that segregated bus and rail stations were unconstitutional.
(2) The rigid system of racial segregation that prevailed
in the United States during the 1960s did not permit a Black
person to sit next to a White person on any bus traveling
through interstate commerce and in most locations in the South.
Bus stations had ``Whites Only'' waiting areas and Blacks were
not permitted to wait in those areas despite the Supreme Court
making it the law of the land.
(3) The Freedom Riders, with the intent to end segregation
in public transportation throughout the South, paved the way
for full racial integration of the United States transit
system. They overcame prejudice, discrimination, and violence.
They sparked a movement that changed our Nation.
(4) The Congress of Racial Equality (C.O.R.E.) selected
thirteen volunteers for nonviolent response training to join in
the Freedom Rides from Washington, DC, to New Orleans, LA. The
Freedom Riders used their strategies of nonviolence throughout
the South to challenge the region's Jim Crow laws directly and
enforce the Supreme Court decision in Boynton.
(5) On the morning of May 4, 1961, the Freedom Riders,
comprised of seven Blacks and six Whites, boarded two buses,
with Blacks and Whites seated together. Those thirteen Freedom
Riders were: Genevieve Hughes Houghton, Charles Person, Hank
Thomas, John Lewis, Edward Blankenheim, James Farmer, Walter
Bergman, Frances Bergman, Joseph Perkins, Jimmy McDonald, Mae
Francis Moultrie, Benjamin Elton Cox, and Albert Bigelow. Most
segregated States considered even this level of integration a
crime. At various stops along the way, the Freedom Riders would
enter areas designated ``Whites'' and ``Colored'' and would eat
together at segregated lunch counters to defy local laws.
(6) Initially, the Freedom Riders had encountered only
minor clashes until a stop in South Carolina. In Rock Hill, an
angry mob severely beat John Lewis, now a Congressman from the
5th District of Georgia, when he entered the bus station. Henry
``Hank'' Thomas was jailed when he entered the bus station in
Winnsboro. Authorities delivered him to a waiting mob long
after the station had closed that evening. A local Black
minister rescued Thomas, enabling him to rejoin the group in
Columbia. However, Lewis was so badly beaten he could not
continue the Freedom Rides.
(7) Dr. Martin Luther King, Jr., and other civil rights
leaders met with the group in Atlanta to dissuade their
continuance through the Deep South due to death threats.
Despite these warnings, more Freedom Riders joined in Atlanta.
Dedicated to their mission to end segregation in the South and
trained in nonviolent movements, the Freedom Riders continued
on their journey.
(8) On Mother's Day, May 14, 1961, the Freedom Riders were
on two different buses. An angry mob in Anniston, Alabama,
firebombed the first bus. When the Freedom Riders rushed out,
still choking from the thick smoke of the burning bus, the
waiting angry mob beat them with lead pipes and baseball bats
as the bus exploded. Ambulances refused to transport the Black
Freedom Riders to the hospital. The mob beat the Freedom Riders
on the second bus and forced them to sit in the back. As they
journeyed to Birmingham, another mob savagely beat the Freedom
Riders.
(9) The Nashville (TN) Student Group, a local group of
students who had been successful in desegregating the lunch
counters and movie theaters in Nashville (TN), vowed not to let
these acts of violence curtail the goal of the Freedom Rides.
They sent their members to continue the Freedom Rides and
called out to other student groups to do the same.
(10) As the violence grew, the Attorney General of the
United States called in the National Guard and the U.S.
Marshals to protect the Freedom Riders as they journeyed
through Alabama. This protection was short-lived. The Federal
authorities turned the Freedom Riders over to the local
authorities in Mississippi who then arrested the Freedom Riders
for disturbing the peace.
(11) The government of Mississippi imprisoned many of the
Freedom Riders in Parchman Prison known for its horrific
conditions, such as subjecting the Freedom Riders to strip
searches, work on chain gangs, and light shining in their cells
24 hours a day. Despite these conditions, the Freedom Riders
refused bail because they were determined to spread the message
of their nonviolent movement.
(12) Five months after the first Freedom Rides left on
their historic ride, the Interstate Commerce Commission in
conjunction with the U.S. Attorney General Robert Kennedy
issued a Federal order banning segregation at all interstate
public facilities based upon ``race, color or creed''. The law
became effective on November 1, 1961.
(13) In 2011, the President of the United States paid
tribute to the Freedom Riders with a Presidential Proclamation
honoring the 50th Anniversary of the first Freedom Ride by
brave Americans whose selfless act of courage helped pave the
way for others to continue on the road to Civil Rights in
America.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorization.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to the Freedom Riders,
collectively, in recognition of their unique contribution to Civil
Rights, which inspired a revolutionary movement to equality in
interstate travel.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to the
Smithsonian Institution, where it will be available for display
as appropriate and available for research.
(2) Sense of the congress.--It is the sense of the Congress
that the Smithsonian Institution should make the gold medal
awarded pursuant to this Act available for display elsewhere,
particularly at appropriate locations associated with the
Freedom Riders.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for the
purposes of chapter 51 of title 31, United States Code. | Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to the Freedom Riders in recognition of their contribution to civil rights, which inspired a movement to equality in interstate travel. Requires such medal to be given to the Smithsonian Institution, where it will be available for display and research. Expresses the sense of Congress that the medal should be made available for display elsewhere, particularly at locations associated with the Freedom Riders. | {"src": "billsum_train", "title": "To award a Congressional Gold Medal to the Freedom Riders, collectively, in recognition of their unique contribution to Civil Rights, which inspired a revolutionary movement for equality in interstate travel."} | 1,591 | 124 | 0.308876 | 1.00531 | 0.18686 | 4.131313 | 14.393939 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bonus Depreciation and Small
Business Expense Extension Act''.
SEC. 2. EXTENSION OF BONUS DEPRECIATION; TEMPORARY 100 PERCENT
EXPENSING FOR CERTAIN BUSINESS ASSETS.
(a) In General.--Paragraph (2) of section 168(k) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``January 1, 2014'' in subparagraph (A)(iv)
and inserting ``January 1, 2015'', and
(2) by striking ``January 1, 2013'' each place it appears
and inserting ``January 1, 2014''.
(b) Temporary 100 Percent Expensing.--Paragraph (5) of section
168(k) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``2013'' and inserting ``2014'', and
(2) by striking ``2012'' each place it appears in the text
and heading and inserting ``2013''.
(c) Extension of Election To Accelerate the AMT Credit in Lieu of
Bonus Depreciation.--
(1) In general.--Subclause (II) of section
168(k)(4)(D)(iii) of the Internal Revenue Code of 1986 is
amended by striking ``2013'' and inserting ``2014''.
(2) Round 3 extension property.--Paragraph (4) of section
168(k) of such Code is amended by adding at the end the
following new subparagraph:
``(J) Special rules for round 3 extension
property.--
``(i) In general.--In the case of round 3
extension property, this paragraph shall be
applied without regard to--
``(I) the limitation described in
subparagraph (B)(i) thereof, and
``(II) the business credit increase
amount under subparagraph (E)(iii)
thereof.
``(ii) Taxpayers previously electing
acceleration.--In the case of a taxpayer who
made the election under subparagraph (A) for
its first taxable year ending after March 31,
2008, a taxpayer who made the election under
subparagraph (H)(ii) for its first taxable year
ending after December 31, 2008, or a taxpayer
who made the election under subparagraph
(I)(iii) for its first taxable year ending
after December 31, 2010--
``(I) the taxpayer may elect not to
have this paragraph apply to round 3
extension property, but
``(II) if the taxpayer does not
make the election under subclause (I),
in applying this paragraph to the
taxpayer the bonus depreciation amount,
maximum amount, and maximum increase
amount shall be computed and applied to
eligible qualified property which is
round 3 extension property.
The amounts described in subclause (II) shall
be computed separately from any amounts
computed with respect to eligible qualified
property which is not round 2 extension
property.
``(iii) Taxpayers not previously electing
acceleration.--In the case of a taxpayer who
neither made the election under subparagraph
(A) for its first taxable year ending after
March 31, 2008, nor made the election under
subparagraph (H)(ii) for its first taxable year
ending after December 31, 2008, nor made the
election under subparagraph (I)(iii) for its
first taxable year ending after December 31,
2010--
``(I) the taxpayer may elect to
have this paragraph apply to its first
taxable year ending after December 31,
2011, and each subsequent taxable year,
and
``(II) if the taxpayer makes the
election under subclause (I), this
paragraph shall only apply to eligible
qualified property which is round 3
extension property.
``(iv) Round 3 extension property.--For
purposes of this subparagraph, the term `round
3 extension property' means property which is
eligible qualified property solely by reason of
the extension of the application of the special
allowance under paragraph (1) pursuant to the
amendments made by section 2(a) of the Bonus
Depreciation and Small Business Expense
Extension Act (and the application of such
extension to this paragraph pursuant to the
amendment made by section 2(c)(1) of such
Act).''.
(d) Conforming Amendments.--
(1) The heading for subsection (k) of section 168 of the
Internal Revenue Code of 1986 is amended by striking ``January
1, 2013'' and inserting ``January 1, 2014''.
(2) The heading for clause (ii) of section 168(k)(2)(B) of
such Code is amended by striking ``pre-january 1, 2013'' and
inserting ``pre-january 1, 2014''.
(3) Paragraph (5) of section 168(l) of such Code is
amended--
(A) by striking ``and'' at the end of subparagraph
(A),
(B) by redesignating subparagraph (C) as
subparagraph (B), and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) by substituting `January 1, 2013' for
`January 1, 2014' in clause (i) thereof, and''.
(4) Subparagraph (C) of section 168(n)(2) of such Code is
amended by striking ``January 1, 2013'' and inserting ``January
1, 2014''.
(5) Subparagraph (D) of section 1400L(b)(2) of such Code is
amended by striking ``January 1, 2013'' and inserting ``January
1, 2014''.
(6) Subparagraph (B) of section 1400N(d)(3) of such Code is
amended by striking ``January 1, 2013'' and inserting ``January
1, 2014''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2011, in taxable
years ending after such date.
SEC. 3. EXTENSION OF INCREASED EXPENSING LIMITATIONS FOR CERTAIN
DEPRECIABLE BUSINESS ASSETS AND TREATMENT OF CERTAIN REAL
PROPERTY AS SECTION 179 PROPERTY.
(a) In General.--Section 179(b) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``2010 or 2011'' each place it appears in
paragraph (1)(B) and (2)(B) and inserting ``2010, 2011, or
2012'',
(2) by striking ``2012'' each place it appears in paragraph
(1)(C) and (2)(C) and inserting ``2013'', and
(3) by striking ``2012'' each place it appears in paragraph
(1)(D) and (2)(D) and inserting ``2013''.
(b) Inflation Adjustment.--Subparagraph (A) of section 179(b)(6) of
the Internal Revenue Code of 1986 is amended by striking ``2012'' and
inserting ``2013''.
(c) Computer Software.--Section 179(d)(1)(A)(ii) of the Internal
Revenue Code of 1986 is amended by striking ``2013'' and inserting
``2014''.
(d) Election.--Section 179(c)(2) of the Internal Revenue Code of
1986 is amended by striking ``2013'' and inserting ``2014''.
(e) Special Rules for Treatment of Qualified Real Property.--
Section 179(f)(1) of the Internal Revenue Code of 1986 is amended by
striking ``2010 or 2011'' and inserting ``2010, 2011, or 2012''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011. | Bonus Depreciation and Small Business Expense Extension Act - Amends the Internal Revenue Code to extend for one year: (1) bonus depreciation; (2) the 100% expensing allowance for depreciable business assets; (3) the election to accelerate the alternative minimum tax (AMT) credit in lieu of bonus depreciation; and (4) the increased expensing allowance for tangible real and personal property, including computer software and leasehold, restaurant, and retail improvement property. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend for 1 year the allowance for bonus depreciation and the increased expensing limitations for depreciable business assets."} | 1,758 | 104 | 0.497161 | 1.251408 | 0.471429 | 2.05618 | 17 | 0.820225 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Coverage
Improvement Act of 1999''.
SEC. 2. REQUIRING OFFER OF CHILDREN'S-ONLY COVERAGE UNDER GROUP HEALTH
PLANS.
(a) In General.--Part 7 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 is amended by inserting after
section 713 the following new section:
``SEC. 714. PROVIDING OPTION OF CHILDREN'S ONLY COVERAGE.
``(a) Requirement for Option.--Each group health plan shall
provide, as at least one benefit option under the plan, health benefits
coverage for qualified children (as defined in subsection (b)).
``(b) Qualified Child Defined.--For purposes of this section, the
term `qualified child' means, with respect to a group health plan, an
individual who is under 19 years of age and is a dependent of a
participant who is enrolled for benefits under such plan. A group
health plan may treat other individuals as qualified children under the
plan.
``(c) Terms of Option.--
``(1) Timing.--
``(A) In general.--Subject to subparagraph (B), the
option under subsection (a) by a group health plan
shall be made at such times as the person (of whom the
qualified child is a dependent) is permitted to elect
coverage under the plan.
``(B) Transition.--A group health plan shall also
make such offer available at the time this section
first becomes effective.
``(2) May require enrollment of all qualified children in a
family.--The offer under this section, made with respect to an
individual who is the qualified child of a participant, may be
conditioned upon the election of the option by all qualified
children of the participant.''.
(b) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Providing option of children's only coverage.''.
SEC. 3. PROVISIONS OF CHILDREN-ONLY COVERAGE UNDER COBRA CONTINUATION
PROVISIONS.
(a) In General.--Part 6 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 is amended by inserting after
section 609 the following new section:
``SEC. 610. SPECIAL RULES FOR CHILDREN ONLY COVERAGE.
``In carrying out sections 601 through 608, the following
additional rules shall apply:
``(1) The term `continuation coverage' shall include, in
addition to the coverage otherwise required, at least one
option of benefits coverage that meets the terms and conditions
of section 714.
``(2) The premium for the continuation coverage described
in paragraph (1) shall be established only with regard to such
coverage.
``(3) The election of continuation coverage described in
paragraph (1) shall be available with respect to qualified
beneficiaries who previously had such coverage before the date
of the qualifying event or were covered under family coverage
before such date.''.
(b) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by inserting after the item relating to section 609 the
following new item:
``Sec. 610. Special rules for children only coverage.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided in this section, the amendments
made by this Act shall apply with respect to group health plans for
plan years beginning after the first day of the first month that begins
more than 9 months after the date of the enactment of this Act.
(b) Special Rule for Collective Bargaining Agreements.--In the case
of a group health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and one or more
employers ratified before the date of the enactment of this Act,
section 714 of the Employee Retirement Income Security Act of 1974
shall not apply to plan years beginning before the later of--
(1) the date on which the last of the collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of the
enactment of this Act), or
(2) the effective date provided under subsection (a),
For purposes of paragraph (1), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement of such part shall not be
treated as a termination of such collective bargaining agreement.
(c) Timely Regulations.--The Secretary of Labor shall first issue
by not later than 3 months before the effective date provided under
subsection (a), such regulations as may be necessary to carry out the
amendments made by this Act. | Children's Health Coverage Improvement Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 to require group health plans to offer children-only coverage to dependents of participants under plans.
Provides for continuation of coverage to add special rules for children-only coverage. | {"src": "billsum_train", "title": "Children's Health Coverage Improvement Act of 1999"} | 1,085 | 59 | 0.563093 | 1.206239 | 0.818042 | 2.792453 | 18.471698 | 0.90566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Reliable Officers,
Technology, Education, Community Prosecutors, and Training In Our
Neighborhoods Act of 2001'' or ``PROTECTION Act''.
SEC. 2. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, EDUCATION, COMMUNITY
PROSECUTORS, AND TRAINING IN OUR NEIGHBORHOOD INITIATIVE.
(a) COPS Program.--Section 1701(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended
by--
(1) inserting ``and prosecutor'' after ``increase police'';
and
(2) inserting ``to enhance law enforcement access to new
technologies, and'' after ``presence,''.
(b) Hiring and Redeployment Grant Projects.--Section 1701(b) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) by inserting after ``Nation'' the
following: ``, or pay overtime to existing
career law enforcement officers to the extent
that such overtime is devoted to community
policing efforts''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (C), by--
(i) striking ``or pay overtime''; and
(ii) striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) promote higher education among in-service
State and local law enforcement officers by reimbursing
them for the costs associated with seeking a college or
graduate school education.''; and
(2) in paragraph (2) by striking all that follows ``Support
Systems.--'' and inserting ``Grants pursuant to--
``(A) paragraph (1)(B) for overtime may not exceed
25 percent of the funds available for grants pursuant
to this subsection for any fiscal year;
``(B) paragraph (1)(C) may not exceed 20 percent of
the funds available for grants pursuant to this
subsection in any fiscal year; and
``(C) paragraph (1)(D) may not exceed 5 percent of
the funds available for grants pursuant to this
subsection for any fiscal year.''.
(c) Additional Grant Projects.--Section 1701(d) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd(d)) is amended--
(1) in paragraph (2)--
(A) by inserting ``integrity and ethics'' after
``specialized''; and
(B) by inserting ``and'' after ``enforcement
officers'';
(2) in paragraph (7) by inserting ``school officials,
religiously-affiliated organizations,'' after ``enforcement
officers'';
(3) by striking paragraph (8) and inserting the following:
``(8) establish school-based partnerships between local law
enforcement agencies and local school systems, by using school
resource officers who operate in and around elementary and
secondary schools to serve as a law enforcement liaison with
other Federal, State, and local law enforcement and regulatory
agencies, combat school-related crime and disorder problems,
gang membership and criminal activity, firearms and explosives-
related incidents, illegal use and possession of alcohol, and
the illegal possession, use, and distribution of drugs;'';
(4) in paragraph (10) by striking ``and'' at the end;
(5) in paragraph (11) by striking the period that appears
at the end and inserting ``; and''; and
(6) by adding at the end the following:
``(12) develop and implement innovative programs (such as
the TRIAD program) that bring together a community's sheriff,
chief of police, and elderly residents to address the public
safety concerns of older citizens.''.
(d) Technical Assistance.--Section 1701(f) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd(f)) is amended--
(1) in paragraph (1)--
(A) by inserting ``use up to 5 percent of the funds
appropriated under subsection (a) to'' after ``The
Attorney General may'';
(B) by inserting at the end the following: ``In
addition, the Attorney General may use up to 5 percent
of the funds appropriated under subsections (d), (e),
and (f) for technical assistance and training to
States, units of local government, Indian tribal
governments, and to other public and private entities
for those respective purposes.'';
(2) in paragraph (2) by inserting ``under subsection (a)''
after ``the Attorney General''; and
(3) in paragraph (3)--
(A) by striking ``the Attorney General may'' and
inserting ``the Attorney General shall'';
(B) by inserting ``regional community policing
institutes'' after ``operation of''; and
(C) by inserting ``representatives of police labor
and management organizations, community residents,''
after ``supervisors,''.
(e) Technology and Prosecution Programs.--Section 1701 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd) is amended by--
(1) striking subsection (k);
(2) redesignating subsections (f) through (j) as
subsections (g) through (k); and
(3) striking subsection (e) and inserting the following:
``(e) Law Enforcement Technology Program.--Grants made under
subsection (a) may be used to assist police departments, in employing
professional, scientific, and technological advancements that will help
them--
``(1) improve police communications through the use of
wireless communications, computers, software, videocams,
databases and other hardware and software that allow law
enforcement agencies to communicate more effectively across
jurisdictional boundaries and effectuate interoperability;
``(2) develop and improve access to crime solving
technologies, including DNA analysis, photo enhancement, voice
recognition, and other forensic capabilities; and
``(3) promote comprehensive crime analysis by utilizing new
techniques and technologies, such as crime mapping, that allow
law enforcement agencies to use real-time crime and arrest data
and other related information--including non-criminal justice
data--to improve their ability to analyze, predict, and respond
pro-actively to local crime and disorder problems, as well as
to engage in regional crime analysis.
``(f) Community-Based Prosecution Program.--Grants made under
subsection (a) may be used to assist State, local or tribal
prosecutors' offices in the implementation of community-based
prosecution programs that build on local community policing efforts.
Funds made available under this subsection may be used to--
``(1) hire additional prosecutors who will be assigned to
community prosecution programs, including programs that assign
prosecutors to handle cases from specific geographic areas, to
address specific violent crime and other local crime problems
(including intensive illegal gang, gun and drug enforcement
projects and quality of life initiatives), and to address
localized violent and other crime problems based on needs
identified by local law enforcement agencies, community
organizations, and others;
``(2) redeploy existing prosecutors to community
prosecution programs as described in paragraph (1) of this
section by hiring victim and witness coordinators, paralegals,
community outreach, and other such personnel; and
``(3) establish programs to assist local prosecutors'
offices in the implementation of programs that help them
identify and respond to priority crime problems in a community
with specifically tailored solutions.
At least 75 percent of the funds made available under this subsection
shall be reserved for grants under paragraphs (1) and (2) and of those
amounts no more than 10 percent may be used for grants under paragraph
(2) and at least 25 percent of the funds shall be reserved for grants
under paragraphs (1) and (2) to units of local government with a
population of less than 50,000.''.
(f) Retention Grants.--Section 1703 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by
inserting at the end the following:
``(d) Retention Grants.--The Attorney General may use no more than
50 percent of the funds under subsection (a) to award grants targeted
specifically for retention of police officers to grantees in good
standing, with preference to those that demonstrate financial hardship
or severe budget constraint that impacts the entire local budget and
may result in the termination of employment for police officers funded
under subsection (b)(1).''.
(g) Definitions.--
(1) Career law enforcement officer.--Section 1709(1) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd-8) is amended by inserting after
``criminal laws'' the following: ``including sheriffs deputies
charged with supervising offenders who are released into the
community but also engaged in local community policing
efforts.''.
(2) School resource officer.--Section 1709(4) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd-8) is amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) to serve as a law enforcement liaison with
other Federal, State, and local law enforcement and
regulatory agencies, to address and document crime and
disorder problems including gangs and drug activities,
firearms and explosives-related incidents, and the
illegal use and possession of alcohol affecting or
occurring in or around an elementary or secondary
school;'';
(B) by striking subparagraph (E) and inserting the
following:
``(E) to train students in conflict resolution,
restorative justice, and crime awareness, and to
provide assistance to and coordinate with other
officers, mental health professionals, and youth
counselors who are responsible for the implementation
of prevention/intervention programs within the
schools;''; and
(C) by adding at the end the following:
``(H) to work with school administrators, members
of the local parent teacher associations, community
organizers, law enforcement, fire departments, and
emergency medical personnel in the creation, review,
and implementation of a school violence prevention
plan;
``(I) to assist in documenting the full description
of all firearms found or taken into custody on school
property and to initiate a firearms trace and
ballistics examination for each firearm with the local
office of the Bureau of Alcohol, Tobacco, and Firearms;
``(J) to document the full description of all
explosives or explosive devices found or taken into
custody on school property and report to the local
office of the Bureau of Alcohol, Tobacco, and Firearms;
and
``(K) to assist school administrators with the
preparation of the Department of Education, Annual
Report on State Implementation of the Gun-Free Schools
Act which tracks the number of students expelled per
year for bringing a weapon, firearm, or explosive to
school.''.
(h) Authorization of Appropriations.--Section 1001(a)(11) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(11)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) There are authorized to be appropriated to
carry out part Q, to remain available until expended--
``(i) $1,150,000,000 for fiscal year 2002;
``(ii) $1,150,000,000 for fiscal year 2003;
``(iii) $1,150,000,000 for fiscal year
2004;
``(iv) $1,150,000,000 for fiscal year 2005;
``(v) $1,150,000,000 for fiscal year 2006;
and
``(vi) $1,150,000,000 for fiscal year
2007.''; and
(2) in subparagraph (B)--
(A) by striking ``3 percent'' and inserting ``5
percent'';
(B) by striking ``1701(f)'' and inserting
``1701(g)'';
(C) by striking the second sentence and inserting
``Of the remaining funds, if there is a demand for 50
percent of appropriated hiring funds, as determined by
eligible hiring applications from law enforcement
agencies having jurisdiction over areas with
populations exceeding 150,000, no less than 50 percent
shall be allocated for grants pursuant to applications
submitted by units of local government or law
enforcement agencies having jurisdiction over areas
with populations exceeding 150,000 or by public and
private entities that serve areas with populations
exceeding 150,000, and no less than 50 percent shall be
allocated for grants pursuant to applications submitted
by units of local government or law enforcement
agencies having jurisdiction over areas with
populations less than 150,000 or by public and private
entities that serve areas with populations less than
150,000.'';
(D) by striking ``85 percent'' and inserting
``$600,000,000''; and
(E) by striking ``1701(b),'' and all that follows
through ``of part Q'' and inserting the following:
``1701 (b) and (c), $350,000,000 to grants for the
purposes specified in section 1701(e), and $200,000,000
to grants for the purposes specified in section
1701(f).''. | Providing Reliable Officers, Technology, Education, Community Prosecutors, and Training In Our Neighborhoods Act of 2001 or PROTECTION Act - Modifies provisions of the Omnibus Crime Control and Safe Streets Act of 1968 regarding public safety and community policing ("cops on the beat" program, COPS) to authorize the Attorney General to use funding under COPS grants to: (1) increase prosecutor presence and to enhance law enforcement access to new technologies; (2) pay overtime to existing career law enforcement officers to the extent that such overtime is devoted to community policing efforts; and (3) promote higher education among in-service State and local law enforcement officers by reimbursing them for the costs associated with seeking a college or graduate school education.Includes among permitted additional grant projects: (1) specialized integrity and ethics training; and (2) innovative proactive crime control and prevention programs involving school officials and religiously-affiliated organizations.Authorizes the Attorney General to use up to five percent of appropriated funds for technical assistance and training to States, local governments, Indian tribal governments, and other public and private entities.Repeals provisions of the Act regarding termination of grants for hiring officers.Allows grants to be used to assist: (1) police departments in employing specified professional, scientific, and technological advancements; and (2) State, local, or tribal prosecutors' offices in implementation of community-based prosecution programs that build on local community policing efforts. Reserves specified funds for units of local government with a population of less than 50,000.Authorizes the Attorney General to use no more than 50 percent of grant renewal funds to award grants targeted specifically for retention of police officers. | {"src": "billsum_train", "title": "To provide reliable officers, technology, education, community prosecutors, and training in our neighborhoods."} | 3,047 | 362 | 0.641658 | 1.846868 | 0.848795 | 4.129747 | 8.832278 | 0.933544 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opioid Program Evaluation Act'' or
the ``OPEN Act''.
SEC. 2. EVALUATION OF PERFORMANCE OF DEPARTMENT OF JUSTICE PROGRAM.
(a) Evaluation of Justice Department Comprehensive Opioid Abuse
Grant Program.--Not later than 5 years after the date of enactment of
this Act, the Attorney General shall complete an evaluation of the
effectiveness of the Comprehensive Opioid Abuse Grant Program under
part LL of the Omnibus Crime Control and Safe Streets Act of 1968
administered by the Department of Justice based upon the information
reported under subsection (d) of this section.
(b) Interim Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Attorney General shall complete an interim
evaluation assessing the nature and extent of the incidence of opioid
abuse and illegal opioid distribution in the United States.
(c) Metrics and Outcomes for Evaluation.--Not later than 180 days
after the date of enactment of this Act, the Attorney General shall
identify outcomes that are to be achieved by activities funded by the
Comprehensive Opioid Grant Abuse Program and the metrics by which the
achievement of such outcomes shall be determined.
(d) Metrics Data Collection.--The Attorney General shall require
grantees under the Comprehensive Opioid Abuse Grant Program (and those
receiving subawards under section 3021(b) of part LL of the Omnibus
Crime Control and Safe Streets Act of 1968) to collect and annually
report to the Department of Justice data based upon the metrics
identified under subsection (c).
(e) Publication of Data and Findings.--
(1) Publication of outcomes and metrics.--The Attorney
General shall, not later than 30 days after completion of the
requirement under subsection (c), publish the outcomes and
metrics identified under that subsection.
(2) Publication of evaluation.--In the case of the interim
evaluation under subsection (b), and the final evaluation under
subsection (a), the National Academy of Sciences shall, not
later than 90 days after such an evaluation is completed,
publish the results of such evaluation and issue a report on
such evaluation to the Committee on the Judiciary of the House
of Representatives and the Committee on the Judiciary of the
Senate. Such report shall also be published along with the data
used to make such evaluation.
(f) Arrangement With the National Academy of Sciences.--For
purposes of subsections (a), (b), and (c), the Attorney General shall
enter into an arrangement with the National Academy of Sciences.
SEC. 3. EVALUATION OF PERFORMANCE OF DEPARTMENT OF HEALTH AND HUMAN
SERVICES PROGRAM.
(a) Evaluation of Department of Health and Human Services
Programs.--Not later than 5 years after the date of enactment of this
Act, except as otherwise provided in this section, the Secretary of
Health and Human Services shall complete an evaluation of any program
administered by the Secretary that provides grants for the primary
purpose of providing assistance in addressing problems pertaining to
opioid abuse based upon the information reported under subsection (d)
of this section.
(b) Interim Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall complete an interim
evaluation assessing the nature and extent of the incidence of opioid
abuse and illegal opioid distribution in the United States.
(c) Metrics and Outcomes for Evaluation.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall identify
outcomes that are to be achieved by activities funded by the programs
described in subsection (a) and the metrics by which the achievement of
such outcomes shall be determined.
(d) Metrics Data Collection.--The Secretary shall require grantees
under the programs described in subsection (a) to collect and annually
report to the Department of Health and Human Services data based upon
the metrics identified under subsection (c).
(e) Publication of Data and Findings.--
(1) Publication of outcomes and metrics.--The Secretary
shall, not later than 30 days after completion of the
requirement under subsection (c), publish the outcomes and
metrics identified under that subsection.
(2) Publication of evaluation.--In the case of the interim
evaluation under subsection (b), and each final evaluation
under subsection (a), the National Academy of Sciences shall,
not later than 90 days after such an evaluation is completed,
publish the results of such evaluation and issue a report on
such evaluation to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate. Such report shall
also be published along with the data used to make such
evaluation.
(f) Arrangement With the National Academy of Sciences.--For
purposes of subsections (a), (b), and (c), the Secretary shall--
(1) enter into an arrangement with the National Academy of
Sciences; or
(2) enter into a contract or cooperative agreement with an
entity that is not an agency of the Federal Government.
(g) Exception.--If a program described under subsection (a) is
subject to an evaluation substantially similar to the evaluation under
subsection (a) pursuant to another provision of law, the Secretary may
opt not to conduct an evaluation under subsection (a) of such program.
SEC. 4. DEFINITION.
In this Act, the term ``opioid'' has the meaning given the term
``opiate'' in section 102 of the Controlled Substances Act (21 U.S.C.
802).
SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
this Act.
SEC. 6. MATTERS REGARDING CERTAIN FEDERAL LAW ENFORCEMENT ASSISTANCE.
Section 609Y of the Justice Assistance Act of 1984 (42 U.S.C.
10513) is amended--
(1) in subsection (a), by striking ``There is'' and
inserting ``Except as provided in subsection (c), there is'';
and
(2) by adding at the end the following:
``(c) For fiscal year 2022, there is authorized to be appropriated
$16,000,000, to provide under this chapter Federal law enforcement
assistance in the form of funds.''.
Passed the House of Representatives May 10, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Opioid Program Evaluation Act or the OPEN Act (Sec. 2) This bill directs the Department of Justice (DOJ) to enter into an arrangement with the National Academy of Sciences (NAS) to identify outcomes and develop metrics to evaluate: (1) the incidence of opioid abuse and illegal opioid distribution, and (2) the effectiveness of a DOJ grant program to provide opioid abuse services. DOJ must publish outcomes and metrics and require grant recipients to collect and report data. The NAS must publish the evaluations. (Sec. 3) Additionally, the bill directs the Department of Health and Human Services (HHS) to enter into an arrangement with the NAS to identify outcomes and develop metrics to evaluate: (1) the incidence of opioid abuse and illegal opioid distribution, and (2) the effectiveness of HHS grant programs to address opioid abuse. HHS must publish outcomes and metrics and require grant recipients to collect and report data. The NAS must publish the evaluations. (Sec. 6) It amends the Justice Assistance Act of 1984 to reduce for FY2022 the authorization of appropriation for financial assistance under the Emergency Federal Law Enforcement Assistance program. | {"src": "billsum_train", "title": "OPEN Act"} | 1,424 | 242 | 0.619209 | 1.851675 | 0.896753 | 2.606335 | 5.791855 | 0.832579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agroterrorism Prevention Act of
2001''.
SEC. 2. PLANT ENTERPRISE TERRORISM.
(a) In General.--Section 43 of title 18, United States Code, is
amended--
(1) so that the heading for such section reads
``Sec. 43. Animal and plant enterprise terrorism'';
(2) by striking ``animal enterprise'' each place it appears
(other than in subsection (d)(1)) and inserting ``animal or
plant enterprise'';
(3) in subsection (a)(2)--
(A) by inserting ``plants,'' after ``including'';
and
(B) by inserting a comma after ``animals''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``the term'' and
all that follows through the end of such paragraph and
inserting the following:
``the term `animal or plant enterprise' means--
``(A) a commercial or academic enterprise that uses
animals or plants for food or fiber production,
agriculture, breeding, processing, research, or
testing, or any commercial retail, wholesale or
distribution enterprise that uses, purchases, or offers
for sale a product that contains animal or plant
material;
``(B) a zoo, aquarium, circus, rodeo or other
entity that exhibits or uses animals or plants for
educational or entertainment purposes;
``(C) any fair or similar event intended to advance
agricultural arts and sciences; or
``(D) a facility managed or occupied by an
association, federation, foundation, council, or other
group or entity of food or fiber producers, processors,
or agricultural or biomedical researchers intended to
advance agricultural or biomedical arts and sciences,
or the offices or facilities of any other enterprise or
event described in subparagraph (A), (B), or (C);'';
(B) in paragraph (3), by striking ``the loss of
profits'' and inserting ``the loss of revenue
(including costs related to business recovery) directly
related to the disruption of a plant or animal
enterprise, and the cost of the tuition and expenses of
any student to complete an academic program that was
disrupted, or to complete a replacement program, when
the tutition and expenses are incurred as a result of
the damage or loss of the property of an animal or
plant enterprise'';
(C) by striking ``and'' at the end of paragraph
(3);
(D) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(E) by adding at the end the following:
``(5) the term `plant' means any plant (including any plant
part) used for, or that is capable of, propagation, including a
tree, a tissue culture, pollen, a shrub, a vine, a cutting, a
graft, a scion, a bud, a bulb, a root, a seed, or any plant
genetic material contained in bacteria, plasmids, viruses,
viroids, or any vector of biological origin that has been
modified for, or is capable of carrying genes into plant cells
using transgenic processes, or other biological materials.''.
(b) Clerical Amendment.--The item in the table of sections at the
beginning of chapter 3 of title 18, United States Code, that relates to
section 43 is amended to read as follows:
``43. Animal and plant enterprise terrorism.''.
SEC. 3. ENHANCEMENT OF PENALTIES FOR ANIMAL AND PLANT ENTERPRISE
TERRORISM.
Section 43 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``one year'' and
inserting ``five years'';
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following:
``(2) Explosives or arson.--Whoever in the course of a
violation of subsection (a) maliciously damages or destroys, or
attempts to damage or destroy, by means of fire or an
explosive, any building, vehicle, or other real or personal
property used by the animal or plant enterprise shall be
imprisoned for not less than 5 years and not more than 20
years, fined under this title, or both.''; and
(C) in paragraph (3), as so redesignated, by
striking ``under this title and'' and all that follows
through the period and inserting ``under this title,
imprisoned for life or for any term of years, or
sentenced to death.''; and
(3) in subsection (c)--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end the following:
``(3) for any other economic damage resulting from the
violation of this section.''.
SEC. 4. ANIMAL AND AGROTERRORISM CONSPIRACY PREVENTION.
Section 1961(1) of title 18, United States Code, is amended by
striking ``Section 201'' and inserting ``Section 43 (relating to animal
and plant enterprise terrorism), section 201''.
SEC. 5. NATIONAL AGROTERRORISM INCIDENT CLEARINGHOUSE.
(a) In General.--The Director shall establish and maintain a
national clearinghouse for information on incidents of crime and
terrorism--
(1) committed against or directed at any animal or plant
enterprise;
(2) committed against or directed at any commercial
activity because of the perceived impact or effect of such
commercial activity on the environment; or
(3) committed against or directed at any person because of
such person's perceived connection with or support of any
enterprise or activity described in paragraph (1) or (2).
(b) Clearinghouse.--The clearinghouse established under subsection
(a) shall--
(1) accept, collect, and maintain information on incidents
described in subsection (a) that is submitted to the
clearinghouse by Federal, State, and local law enforcement
agencies, by law enforcement agencies of foreign countries, and
by victims of such incidents;
(2) collate and index such information for purposes of
cross-referencing; and
(3) upon request from a Federal, State, or local law
enforcement agency, or from a law enforcement agency of a
foreign country, provide such information to assist in the
investigation of an incident described in subsection (a).
(c) Scope of Information.--The information maintained by the
clearinghouse for each incident shall, to the extent practicable,
include--
(1) the date, time, and place of the incident;
(2) details of the incident;
(3) any available information on suspects or perpetrators
of the incident; and
(4) any other relevant information.
(d) Design of Clearinghouse.--The clearinghouse shall be designed
for maximum ease of use by participating law enforcement agencies.
(e) Publicity.--The Director shall publicize the existence of the
clearinghouse to law enforcement agencies by appropriate means.
(f) Resources.--In establishing and maintaining the clearinghouse,
the Director may--
(1) through the Attorney General, utilize the resources of
any other department or agency of the Federal Government; and
(2) accept assistance and information from private
organizations or individuals.
(g) Coordination.--The Director shall carry out the Director's
responsibilities under this section in cooperation with the Director of
the Bureau of Alcohol, Tobacco, and Firearms.
(h) Definitions.--In this section--
(1) the term ``animal or plant enterprise'' has the same
meaning as in section 43 of title 18, United States Code; and
(2) the term ``Director'' means the Director of the Federal
Bureau of Investigation.
(i) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2002 through 2007 such sums as
are necessary to carry out this section.
SEC. 6. ANIMAL AND PLANT RESEARCH SECURITY PROGRAMS.
(a) In General.--
(1) Grants authorized.--The Director shall--
(A) award grants on a competitive basis to colleges
and universities for technical assistance, threat and
risk assessments, and other activities related to
improving security at individual research universities;
and
(B) develop a comprehensive security report for
universities, colleges and nonprofit organizations
which examines the threat posed by animal and plant
enterprise terrorism on research activities, and
includes strategies for reducing this threat, including
education, facility hardening, and coordination with
law enforcement.
(2) Application.--To be eligible to receive a grant under
this section a college or university shall submit to the
Director an application in such form and containing such
information as the Director may require, including information
relating to the security needs of the institution.
(3) Priority.--In awarding grants under this section, the
Director shall give priority to colleges and universities that
demonstrate the highest security needs, as reported in the
application submitted under paragraph (2).
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2002 and 2003.
(c) Definition.--In this section, the term ``Director'' means the
Director of the National Science Foundation. | Agroterrorism Prevention Act of 2001 - Amends the Federal criminal code to prohibit plant enterprise terrorism. Enhances penalties for animal enterprise terrorism and establishes penalties for plant enterprise terrorism. Prohibits the use of explosives or arson against the enterprise. Provides for the death penalty under specified circumstances. Authorizes restitution for any economic damage resulting from the violation (currently limited to the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense, and the loss of food production or farm income reasonably attributable to the offense, and currently applicable only to animal enterprise terrorism).Makes animal and plant enterprise terrorism a predicate offense under the Racketeer Influenced and Corrupt Organizations Act.Requires the Director of the National Science Foundation to establish and maintain a national clearinghouse for information on incidents of crime and terrorism committed against or directed at any: (1) animal or plant enterprise; (2) commercial activity because of the perceived impact of such activity on the environment; or (3) person because of such person's perceived connection with or support of any enterprise or activity.Requires the Director to: (1) award grants on a competitive basis to colleges and universities for technical assistance, threat and risk assessments, and other activities related to improving security at individual research universities; and (2) develop a comprehensive security report for universities, colleges, and nonprofit organizations which examines the threat posed by animal and plant enterprise terrorism on research activities and includes strategies for reducing such threat. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to protect and promote the public safety and interstate commerce by establishing Federal criminal penalties and civil remedies for certain violent, threatening, obstructive and destructive conduct that is intended to injure, intimidate, or interfere with plant or animal enterprises, and for other purposes."} | 2,075 | 331 | 0.570221 | 1.743616 | 0.751729 | 3.780576 | 7.089928 | 0.866906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Apprenticeship and Jobs Training Act
of 2015''.
SEC. 2. TAX CREDIT FOR APPRENTICESHIP PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. CREDIT FOR APPRENTICESHIP PROGRAM EXPENSES.
``(a) Tax Credit.--
``(1) In general.--For purposes of section 38, in the case
of an employer, the apprenticeship program credit determined
under this section for any taxable year is an amount equal to--
``(A) with respect to each qualified individual in
a qualified apprenticeship program, the lesser of--
``(i) the amount of any wages (as defined
in section 51(c)(1)) paid or incurred by the
employer with respect to such qualified
individual during the taxable year, or
``(ii) $5,000, and
``(B) with respect to each qualified individual in
a qualified multi-employer apprenticeship program, the
lesser of--
``(i) an amount equal to the product of--
``(I) the total number of hours of
work performed by such qualified
individual for such employer during
such taxable year, multiplied by
``(II) $3, or
``(ii) $5,000.
``(2) Established apprenticeship programs.--
``(A) In general.--The apprenticeship program
credit determined under this section for the taxable
year shall only be applicable to the number of
qualified individuals employed by the employer through
a qualified apprenticeship program or a qualified
multi-employer apprenticeship program which are in
excess of the apprenticeship participation average for
such employer (as determined under subparagraph (B)).
``(B) Apprenticeship participation average.--For
purposes of subparagraph (A), the apprenticeship
participation average shall be equal to the average of
the total number of qualified individuals employed by
the employer through a qualified apprenticeship program
or qualified multi-employer apprenticeship program
for--
``(i) the 3 preceding taxable years, or
``(ii) the number of taxable years in which
the qualified apprenticeship program or the
qualified multi-employer apprenticeship program
was in existence, whichever is less.
``(3) Denial of double benefit.--No deduction or any other
credit shall be allowed under this chapter for any amount taken
into account in determining the credit under this section.
``(4) Election not to claim credit.--This section shall not
apply to a taxpayer for any taxable year if such taxpayer
elects to have this section not apply for such taxable year.
``(5) Limitation.--The apprenticeship program credit under
this section shall not be allowed for more than 3 taxable years
with respect to any qualified individual.
``(b) Qualified Individual.--
``(1) In general.--For purposes of this section, the term
`qualified individual' means, with respect to any taxable year,
an individual who is an apprentice and--
``(A) is participating in a qualified
apprenticeship program or a qualified multi-employer
apprenticeship program with an employer that is subject
to the terms of a valid apprenticeship agreement (as
defined in the Act of August 16, 1937 (commonly known
as the `National Apprenticeship Act'; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.)),
``(B) has been employed under a qualified
apprenticeship program or a qualified multi-employer
apprenticeship program for a period of not less than 7
months that ends within the taxable year,
``(C) is not a highly compensated employee (as
defined in section 414(q)), and
``(D) is not a seasonal worker (as defined in
section 45R(d)(5)(B)).
``(2) Training received by members of the armed forces.--An
employer shall consider and may accept, in the case of a
qualified individual participating in a qualified
apprenticeship program or a qualified multi-employer
apprenticeship program, any relevant training or instruction
received by such individual while serving in the Armed Forces
of the United States, for the purpose of satisfying the
applicable training and instruction requirements under such
qualified apprenticeship program.
``(c) Qualified Apprenticeship Program and Qualified Multi-Employer
Apprenticeship Program.--
``(1) Qualified apprenticeship program.--
``(A) In general.--For purposes of this section,
the term `qualified apprenticeship program' means a
program registered under the National Apprenticeship
Act, whether or not such program is sponsored by an
employer, which--
``(i) provides qualified individuals with
on-the-job training and instruction for a
qualified occupation with the employer,
``(ii) is registered with the Office of
Apprenticeship of the Employment and Training
Administration of the Department of Labor or a
State apprenticeship agency recognized by such
Office of Apprenticeship,
``(iii) maintains records relating to the
qualified individual, in such manner as the
Secretary, after consultation with the
Secretary of Labor, may prescribe, and
``(iv) satisfies such other requirements as
the Secretary, after consultation with the
Secretary of Labor, may prescribe.
``(B) Qualified occupation.--For purposes of
subparagraph (A)(i), the term `qualified occupation'
means a skilled trade occupation in a high-demand
mechanical, technical, healthcare, or technology field
(or such other occupational field as the Secretary,
after consultation with the Secretary of Labor, may
prescribe) that satisfies the criteria for an
apprenticeable occupation under the National
Apprenticeship Act.
``(2) Qualified multi-employer apprenticeship program.--The
term `qualified multi-employer apprenticeship program' means an
apprenticeship program described in paragraph (1) in which
multiple employers are required to contribute and that is
maintained pursuant to one or more collective bargaining
agreements between one or more employee organizations and such
employers.
``(d) Apprenticeship Agreement.--
``(1) In general.--For purposes of this section, the term
`apprenticeship agreement' means an agreement between a
qualified individual and an employer that satisfies the
criteria under the National Apprenticeship Act.
``(2) Credit for training received under apprenticeship
agreement.--If a qualified individual has received training or
instruction through a qualified apprenticeship program or a
qualified multi-employer apprenticeship program with an
employer which is subsequently unable to satisfy its
obligations under the apprenticeship agreement, such individual
may transfer any completed training or instruction for purposes
of satisfying any applicable training and instruction
requirements under a separate apprenticeship agreement with a
different employer.
``(e) Application of Certain Rules.--For purposes of this section,
all persons treated as a single employer under subsection (a) or (b) of
section 52, or subsections (m) or (o) of section 414, shall be treated
as a single person.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 is amended by striking ``plus'' at
the end of paragraph (35), by striking the period at the end of
paragraph (36) and inserting ``, plus'', and by adding at the end the
following new paragraph:
``(37) the apprenticeship program expenses credit
determined under section 45S(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45S. Credit for apprenticeship program expenses.''.
(d) Conforming Amendments.--
(1) Rule for employment credits.--Section 280C(a) of the
Internal Revenue Code of 1986 is amended by inserting
``45S(a),'' after ``45P(a),''.
(2) Exclusion for determination of credit for increasing
research activities.--Clause (iii) of section 41(b)(2)(D) of
such Code is amended by inserting ``the apprenticeship program
credit under section 45S(a) or'' after ``in determining''.
(e) Evaluation.--Not later than 3 years after the date of the
enactment of this Act, and annually thereafter, the Comptroller General
of the United States shall submit a report to the Committees on Finance
and Health, Education, Labor, and Pensions of the Senate and the
Committees on Ways and Means and Education and the Workforce of the
House of Representatives that contains an evaluation of the activities
authorized under this Act, including--
(1) the extent to which qualified individuals completed
qualified apprenticeship programs and qualified multi-employer
apprenticeship programs;
(2) whether qualified individuals remained employed by an
employer that received an apprenticeship program credit under
section 45S of the Internal Revenue Code of 1986 and the length
of such employment following expiration of the apprenticeship
period;
(3) whether qualified individuals who completed a qualified
apprenticeship program or a qualified multi-employer
apprenticeship program remained employed in the same occupation
or field; and
(4) recommendations for legislative and administrative
actions to improve the effectiveness of the apprenticeship
program credit under section 45S of the Internal Revenue Code
of 1986.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 3. ENCOURAGING MENTORS TO TRAIN THE FUTURE.
(a) Early Distributions From Qualified Retirement Plans.--Section
72(t)(2) of the Internal Revenue Code of 1986 is amended--
(1) in subparagraph (A)--
(A) by striking ``or'' at the end of clause (vii);
(B) by striking the period at the end of clause
(viii) and inserting ``, or''; and
(C) by adding at the end the following new clause:
``(ix) made to an employee who is serving
as a mentor.''; and
(2) by adding at the end the following new subparagraph:
``(H) Distributions to mentors.--For purposes of
this paragraph, the term `mentor' means an individual
who--
``(i) has attained 55 years of age,
``(ii) is not separated from their
employment with a company, corporation, or
institution of higher education,
``(iii) in accordance with such
requirements and standards as the Secretary
determines to be necessary, has substantially
reduced their hours of employment with their
employer, with the individual to be engaged in
mentoring activities described in clause (iv)
for not less than 20 percent of the hours of
employment after such reduction, and
``(iv) is responsible for the training and
education of employees or students in an area
of expertise for which the individual has a
professional credential, certificate, or
degree.''.
(b) Distributions During Working Retirement.--Paragraph (36) of
section 401(a) of the Internal Revenue Code of 1986 is amended to read
as follows:
``(36) Distributions during working retirement.--
``(A) In general.--A trust forming part of a
pension plan shall not be treated as failing to
constitute a qualified trust under this section solely
because the plan provides that a distribution may be
made from such trust to an employee who--
``(i) has attained age 62 and who is not
separated from employment at the time of such
distribution, or
``(ii) subject to subparagraph (B), is
serving as a mentor (as such term is defined in
section 72(t)(2)(H)).
``(B) Limitation on distributions to mentors.--For
purposes of subparagraph (A)(ii), the amount of the
distribution made to an employee who is serving as a
mentor shall not be greater than the amount equal to
the product obtained by multiplying--
``(i) the amount of the distribution that
would have been payable to the employee if such
employee had separated from employment instead
of reducing their hours of employment with
their employer and engaging in mentoring
activities, in accordance with clauses (iii)
and (iv) of section 72(t)(2)(H), by
``(ii) the percentage equal to the quotient
obtained by dividing--
``(I) the sum of--
``(aa) the number of hours
per pay period by which the
employee's hours of employment
are reduced, and
``(bb) the number of hours
of employment that such
employee is engaging in
mentoring activities, by
``(II) the total number of hours
per pay period worked by the employee
before such reduction in hours of
employment.''.
(c) ERISA.--Subparagraph (A) of section 3(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) is amended
by striking the period at the end and inserting the following: ``, or
solely because such distribution is made to an employee who is serving
as a mentor (as such term is defined in section 72(t)(2)(H) of the
Internal Revenue Code of 1986).''.
(d) Application.--The amendments made by this section shall apply
to distributions made in taxable years beginning after December 31,
2015. | Apprenticeship and Jobs Training Act of 2015 This bill amends the Internal Revenue Code to allow employers a business-related tax credit for up to $5,000 for the training of a qualified individual in a qualified apprenticeship program or a qualified multi-employer apprenticeship program. The bill defines a "qualified individual" as an individual who: (1) is an apprentice participating in a qualified apprenticeship program or a qualified multi-employer apprenticeship program, (2) has been employed in either program for a period of at least seven months that ends within the taxable year, and (3) is not a highly compensated employee or a seasonal worker. The bill defines "qualified apprenticeship program" as a program that: (1) provides qualified individuals with on-the-job training and instruction for a qualified occupation (i.e., a skilled trade occupation in a high-demand mechanical, technical, health care, or technology field); (2) is registered with the Office of Apprenticeship of the Department of Labor; and (3) maintains records relating to the qualified individual. A "qualified multi-employer apprenticeship program" is a program in which multiple employers are required to contribute and that is maintained pursuant to one or more collective bargaining agreements. The bill amends the Internal Revenue Code to allow a premature distribution, without penalty, from a tax-qualified retirement plan to an employee who is serving as a mentor. A "mentor" is defined as a working individual who: (1) has attained age 55; (2) works reduced hours and engages in mentoring activities for at least 20% of such hours; and (3) is responsible for the training and education of employees or students in an area of expertise for which such individual has a professional credential, certificate, or degree. | {"src": "billsum_train", "title": "Apprenticeship and Jobs Training Act of 2015"} | 3,023 | 386 | 0.587617 | 1.699528 | 0.66463 | 3.857558 | 8.011628 | 0.892442 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Ocean Protection Act of
1995''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the coast of California possesses unique historical,
ecological, educational, recreational, economic, and research
values that are appropriate for protection under Federal law;
(2) the threat to the coast of California, a national
treasure, continues to intensify as a result of fossil fuel
exploration and development, mineral extraction, and the
burning and dumping of toxic and hazardous wastes;
(3) the activities described in paragraph (2) could result
in irreparable damage to the coast of California; and
(4) the establishment of an ocean protection zone off the
coast of California would enhance recreational and commercial
fisheries, and the use of renewable resources within the zone.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Development.--The term ``development'' has the meaning
stated in section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331).
(3) Exclusive economic zone.--The term ``Exclusive Economic
Zone'' means the Exclusive Economic Zone of the United States,
as defined by Presidential Proclamation 5030 of March 10, 1983.
(4) Exploration.--The term ``exploration'' has the meaning
stated in section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331).
(5) Harmful ocean dumping.--The term ``harmful ocean
dumping''--
(A) shall have the meaning provided by the
Administrator, in consultation with the heads of other
Federal agencies whom the Administrator determines to
be appropriate; but
(B) shall not include--
(i) a de minimus disposal of vessel waste;
(ii) the disposal of dredged material
that--
(I) would meet the requirements for
disposal under the criteria established
under section 103 of the Marine
Protection, Research, and Sanctuaries
Act of 1972 (33 U.S.C. 1413), including
regulations promulgated under that
section; or
(II) is disposed of pursuant to a
permit issued pursuant to that section;
(iii) a discharge that is authorized under
a National Pollutant Discharge Elimination
System (NPDES) permit issued under section 402
of the Federal Water Pollution Control Act (33
U.S.C. 1342); or
(iv) a disposal that is carried out by an
appropriate Federal agency under title I of the
Marine Protection, Research, and Sanctuaries
Act of 1972 (33 U.S.C. 1411 et seq.).
(6) Minerals.--The term ``minerals'' has the meaning stated
in section 2 of the Outer Continental Shelf Lands Act (43
U.S.C. 1331).
(7) Outer continental shelf.--The term ``outer Continental
Shelf'' has the meaning stated in section 2 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331).
(8) Person.--The term ``person'' has the meaning stated in
section 2 of the Outer Continental Shelf Lands Act (43 U.S.C.
1331).
(9) Production.--The term ``production'' has the meaning
stated in section 2 of such Act (43 U.S.C. 1331).
(10) Territorial sea .--The term ``territorial sea'' means
the belt of sea measured from the baseline of the United
States, determined in accordance with international law, as set
forth in Presidential Proclamation 5928, dated December 27,
1988.
(11) Zone.--The term ``Zone'' means the California Ocean
Protection Zone established under section 4.
SEC. 4. DESIGNATION OF CALIFORNIA OCEAN PROTECTION ZONE.
There is established a California Ocean Protection Zone, consisting
of--
(1) waters of the Exclusive Economic Zone that are
contiguous to the waters of the territorial sea that are
contiguous to the State of California;
(2) waters of the territorial sea that are contiguous to
the State of California; and
(3) the portion of the outer Continental Shelf underlying
those waters.
SEC. 5. RESTRICTIONS.
(a) Mineral Exploration, Development, and Production.--
(1) Definition.--In this subsection, the term ``lease'' has
the meaning stated in section 2 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331).
(2) Issuance of leases, permits, and licenses.--
Notwithstanding any other law, the head of a Federal agency may
not issue a lease, permit, or license for the exploration for
or development or production of oil, gas, or other minerals in
or from the Zone.
(3) Exploration, development, and production.--
Notwithstanding any other law, a person may not engage in the
exploration for, or the development or production of, oil, gas,
or other minerals in or from the Zone after the date of the
cancellation, expiration, relinquishment, or termination of a
lease, permit, or license in effect on June ____, 1995, that
permits exploration, development, or production.
(b) Ocean Incineration and Dumping.--Notwithstanding any other law,
the head of a Federal agency may not issue a lease, permit, or license
for--
(1) ocean incineration or harmful ocean dumping within the
Zone; or
(2) any onshore facility that facilitates ocean
incineration or harmful ocean dumping within the Zone.
SEC. 6. FISHING.
This Act is not intended to regulate, restrict, or prohibit
commercial or recreational fishing, or other harvesting of ocean life
in the Zone. | California Ocean Protection Act of 1995 - Establishes a California Ocean Protection Zone consisting of: (1) waters of the Exclusive Economic Zone that are contiguous to the waters of the territorial sea that are contiguous to the State of California; (2) waters of the territorial sea that are contiguous to the State of California; and (3) the portion of the outer Continental Shelf underlying those waters.
Prohibits: (1) the head of a Federal agency from issuing a lease, permit, or license for the exploration for or development or production of oil, gas, or other minerals in or from the Zone; (2) a person from engaging in the exploration for, or development or production of, minerals in or from the Zone after the date of the cancellation, expiration, transfer, relinquishment, or termination of a lease, permit, or license for such activities in effect in June 1995; and (3) an agency head from issuing a lease, permit, or license for ocean incineration or harmful ocean dumping within the Zone or for any onshore facility that facilitates ocean incineration or harmful ocean dumping within the Zone.
Declares that this Act is not intended to regulate, restrict, or prohibit commercial or recreational fishing, or other harvesting of ocean life in the zone. | {"src": "billsum_train", "title": "California Ocean Protection Act of 1995"} | 1,297 | 273 | 0.610005 | 1.635478 | 0.879944 | 7.368 | 4.556 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoption Equality Act of 1999''.
SEC. 2. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS.
(a) In General.--Section 473(a) of the Social Security Act (42
U.S.C. 673(a)) is amended by striking paragraph (2) and inserting the
following:
``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the
requirements of this paragraph if such child--
``(i)(I) at the time of termination of parental rights was
in the care of a public or licensed private child placement
agency or Indian tribal organization pursuant to a voluntary
placement agreement, relinquishment, or involuntary removal of
the child from the home, and the State has determined, pursuant
to criteria established by the State (which may, but need not,
include a judicial determination), that continuation in the
home would be contrary to the safety or welfare of such child;
``(II) meets all medical or disability requirements of
title XVI with respect to eligibility for supplemental security
income benefits; or
``(III) was residing in a foster family home or child care
institution with the child's minor parent (pursuant to a
voluntary placement agreement, relinquishment, or involuntary
removal of the child from the home, and the State has
determined, pursuant to criteria established by the State
(which may, but need not, include judicial determination), that
continuation in the home would be contrary to the safety or
welfare of such child); and
``(ii) has been determined by the State, pursuant to
subsection (c), to be a child with special needs, which needs
shall be considered by the State, together with the
circumstances of the adopting parents, in determining the
amount of any payments to be made to the adopting parents.
``(B) Notwithstanding any other provision of law, and except as
provided in paragraph (7), a child who is not a citizen or resident of
the United States and who meets the requirements of subparagraph (A)
shall be treated as meeting the requirements of this paragraph for
purposes of paragraph (1)(B)(ii).
``(C) A child who meets the requirements of subparagraph (A), who
was determined eligible for adoption assistance payments under this
part with respect to a prior adoption (or who would have been
determined eligible for such payments had the Adoption and Safe
Families Act of 1997 been in effect at the time that such determination
would have been made), and who is available for adoption because the
prior adoption has been dissolved and the parental rights of the
adoptive parents have been terminated or because the child's adoptive
parents have died, shall be treated as meeting the requirements of this
paragraph for purposes of paragraph (1)(B)(ii).''.
(b) Exception.--Section 473(a) of the Social Security Act (42
U.S.C. 673(a)) is amended by adding at the end the following:
``(7)(A) Notwithstanding any other provision of this subsection, no
payment may be made to parents with respect to any child that--
``(i) would be considered a child with special needs under
subsection (c);
``(ii) is not a citizen or resident of the United States;
and
``(iii) was adopted outside of the United States or was
brought into the United States for the purpose of being
adopted.
``(B) Subparagraph (A) shall not be construed as prohibiting
payments under this part for a child described in subparagraph (A) that
is placed in foster care subsequent to the failure, as determined by
the State, of the initial adoption of such child by the parents
described in such subparagraph.''.
(c) Requirement for Use of State Savings.--Section 473(a) of the
Social Security Act (42 U.S.C. 673(a)), as amended by subsection (b),
is amended by adding at the end the following:
``(8) A State shall spend an amount equal to the amount of savings
(if any) in State expenditures under this part resulting from the
application of paragraph (2) on and after the effective date of the
amendment to such paragraph made by section 2(a) of the Adoption
Equality Act of 1999 to provide to children or families any service
(including post-adoption services) that may be provided under this part
or part B.''.
(d) Determination of a Child With Special Needs.--Section 473(c) of
the Social Security Act (42 U.S.C. 673(c)) is amended to read as
follows:
``(c) For purposes of this section, a child shall not be considered
a child with special needs unless--
``(1)(A) the State has determined, pursuant to a criteria
established by the State (which may or may not include a
judicial determination), that the child cannot or should not be
returned to the home of his parents; or
``(B) the child meets all medical or disability
requirements of title XVI with respect to eligibility for
supplemental security income benefits; and
``(2) the State has determined--
``(A) that there exists with respect to the child a
specific factor or condition (such as ethnic
background, age, or membership in a minority or sibling
group, or the presence of factors such as medical
conditions or physical, mental, or emotional handicaps)
because of which it is reasonable to conclude that the
child cannot be placed with adoptive parents without
providing adoption assistance under this section and
medical assistance under title XIX; and
``(B) that except where it would be against the
best interests of the child because of such factors as
the existence of significant emotional ties with
prospective adoptive parents while in the care of such
parents as a foster child, a reasonable, but
unsuccessful, effort has been made to place the child
with appropriate adoptive parents without providing
adoption assistance under this section or medical
assistance under title XIX.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999. | Adoption Equality Act of 1999 - Amends title IV part E (Federal Payments for Foster Care and Adoption Assistance) of the Social Security Act (SSA) to revise adoption assistance eligibility guidelines for children with special needs.
Makes eligible for such assistance only children with special needs who before termination of parental rights and the initiation of adoption proceedings were: (1) in the care of a public or licensed private child care agency or Indian tribal organization, either pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the child's safety and welfare; or (2) residing in a foster family home or child care institution with the child's minor parent. Requires a State to consider such special needs, together with the circumstances of the adopting parents, in determining the amount of Federal adoption subsidies paid to them.
Prohibits assistance with respect to any child who is not a U.S. citizen or resident and who was adopted outside the United States or was brought into it for adoption purposes.
Revises the criteria for determining a child with special needs to: (1) specify that State criteria for determining that a child cannot or should not be returned to the home of his parents need not include a judicial determination; and (2) allow, in the alternative, that the child meets all medical or disability requirements for benefits under SSA title XVI (Supplemental Security Income). | {"src": "billsum_train", "title": "Adoption Equality Act of 1999"} | 1,387 | 319 | 0.671773 | 2.001842 | 0.856297 | 3.501779 | 4.523132 | 0.896797 |
SECTION 1. PAYMENT OF NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
PROVIDERS.
(a) Payment of Providers.--
(1) In general.--Subchapter I of chapter 17 of title 38,
United States Code is amended by inserting after section 1703
the following new section:
``Sec. 1703A. Payment of non-Department health care providers
``(a) Prompt Payment Compliance.--The Secretary shall ensure that
payments made to non-Department health care providers, including under
the Veterans Choice Program established by section 101 of the Veterans
Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38
U.S.C. 1701 note), comply with chapter 39 of title 31 (commonly
referred to as the `Prompt Payment Act') and the requirements of this
section. If there is a conflict between the requirements of the Prompt
Payment Act and the requirements of this section, the Secretary shall
comply with the requirements of this section.
``(b) Payment Schedule.--(1) The Secretary shall reimburse a non-
Department health care provider for care or services furnished under
the laws administered by the Secretary--
``(A) in the case of a clean claim submitted to the
Secretary electronically, not later than 30 days after
receiving the claim; or
``(B) in the case of a clean claim submitted to the
Secretary in a manner other than electronically, not later than
45 days after receiving the claim.
``(2)(A) If the Secretary determines that a claim received from a
non-Department health care provider is a non-clean claim, the Secretary
shall submit to the provider, not later than 10 days after receiving
the claim--
``(i) a notification that the claim is a non-clean claim;
``(ii) an explanation of why the claim has been determined
to be a non-clean claim; and
``(iii) an identification of the information or
documentation that is required to make the claim a clean claim.
``(B) If the Secretary does not comply with the requirements of
subparagraph (A) with respect to a claim, the claim shall be deemed a
clean claim for purposes of paragraph (1).
``(3) Upon receipt by the Secretary of information or documentation
described in subparagraph (A)(iii) with respect to a claim, the
Secretary shall reimburse a non-Department health care provider--
``(A) in the case of a claim submitted to the Secretary
electronically, not later than 30 days after receiving such
information or documentation; or
``(B) in the case of claim submitted to the Secretary in a
manner other than electronically, not later than 45 days after
receiving such information or documentation.
``(4) If the Secretary fails to comply with the deadlines for
payment set forth in this subsection with respect to a claim, interest
shall accrue on the amount owed under such claim in accordance with
section 3902 of title 31.
``(c) Information and Documentation Required.--(1) Pursuant to
regulations prescribed by the Secretary, the Secretary shall provide to
non-Department health care providers that furnish hospital care or
medical services to veterans pursuant to the laws administered by the
Secretary information and documentation that is required to establish a
clean claim under this section.
``(2) The Secretary shall consult with entities in the health care
industry, in the public and private sector, to determine the
information and documentation to include in the list under paragraph
(1).
``(d) Electronic Claim Submittal.--On and after January 1, 2019,
the Secretary shall not accept any claim under this section that is
submitted to the Secretary in a manner other than electronically.
``(e) Definitions.--In this section:
``(1) The term `clean claim' means a claim for
reimbursement for hospital care or medical services furnished
by non-Department health care providers to veterans pursuant to
the laws administered by the Secretary, on a nationally
recognized standard format, that includes the information and
documentation necessary to adjudicate the claim.
``(2) The term `non-clean claim' means a claim for
reimbursement for hospital care or medical services furnished
by non-Department health care providers to veterans pursuant to
the laws administered by the Secretary, on a nationally
recognized standard format, that does not include the
information and documentation necessary to adjudicate the
claim.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by inserting
after the item related to section 1703 the following new item:
``1703A. Payment of non-Department health care providers.''.
(b) Electronic Submittal of Claims for Reimbursement.--
(1) Prohibition on acceptance of non-electronic claims.--
(A) In general.--Except as provided in subparagraph
(B), on and after January 1, 2019, the Secretary of
Veterans Affairs shall not accept any claim for
reimbursement under section 1703A of title 38, United
States Code, as added by subsection (a), that is
submitted to the Secretary in a manner other than
electronically, including medical records in connection
with such a claim.
(B) Exception.--If the Secretary determines that
accepting claims and medical records in a manner other
than electronically is necessary for the timely
processing of claims for reimbursement under such
section 1703A due to a failure or malfunction of the
electronic interface established under paragraph (2),
the Secretary--
(i) may accept claims and medical records
in a manner other than electronically for a
period not to exceed 90 days; and
(ii) shall submit to the Committee on
Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report setting forth--
(I) the reason for accepting claims
and medical records in a manner other
than electronically;
(II) the duration of time that the
Department of Veterans Affairs will
accept claims and medical records in a
manner other than electronically; and
(III) the steps that the Department
is taking to resolve such failure or
malfunction.
(2) Electronic interface.--
(A) In general.--Not later than January 1, 2019,
the Chief Information Officer of the Department of
Veterans Affairs shall establish and make operational
an electronic interface for health care providers to
submit claims for reimbursement under such section
1703A.
(B) Functions.--The electronic interface
established under subparagraph (A) shall include the
following functions:
(i) A function through which a health care
provider may input all relevant data required
for claims submittal and reimbursement.
(ii) A function through which a health care
provider may upload medical records to
accompany a claim for reimbursement.
(iii) A function through which a health
care provider may ascertain the status of a
pending claim for reimbursement that--
(I) indicates whether the claim is
a clean claim or a non-clean claim; and
(II) in the event that a submitted
claim is indicated as a non-clean
claim, provides--
(aa) an explanation of why
the claim has been determined
to be a non-clean claim; and
(bb) an identification of
the information or
documentation that is required
to make the claim a clean
claim.
(iv) A function through which a health care
provider is notified when a claim for
reimbursement is accepted or rejected.
(v) Such other features as the Secretary
considers necessary.
(C) Protection of information.--
(i) In general.--The electronic interface
established under subparagraph (A) shall be
developed and implemented based on industry-
accepted information security and privacy
engineering principles and best practices and
shall provide for the following:
(I) The elicitation, analysis, and
prioritization of functional and
nonfunctional information security and
privacy requirements for such
interface, including specific security
and privacy services and architectural
requirements relating to security and
privacy based on a thorough analysis of
all reasonably anticipated cyber and
noncyber threats to the security and
privacy of electronic protected health
information made available through such
interface.
(II) The elicitation, analysis, and
prioritization of secure development
requirements relating to such
interface.
(III) The assurance that the
prioritized information security and
privacy requirements of such
interface--
(aa) are correctly
implemented in the design and
implementation of such
interface throughout the system
development lifecycle; and
(bb) satisfy the
information objectives of such
interface relating to security
and privacy throughout the
system development lifecycle.
(ii) Definitions.--In this subparagraph:
(I) Electronic protected health
information.--The term ``electronic
protected health information'' has the
meaning given that term in section
160.103 of title 45, Code of Federal
Regulations, as in effect on the date
of the enactment of this Act.
(II) Secure development
requirements.--The term ``secure
development requirements'' means, with
respect to the electronic interface
established under subparagraph (A),
activities that are required to be
completed during the system development
lifecycle of such interface, such as
secure coding principles and test
methodologies.
(3) Analysis of available technology for electronic
interface.--
(A) In general.--Not later than January 1, 2018, or
before entering into a contract to procure or design
and build the electronic interface described in
paragraph (2) or making a decision to internally design
and build such electronic interface, whichever occurs
first, the Secretary shall--
(i) conduct an analysis of commercially
available technology that may satisfy the
requirements of such electronic interface set
forth in such paragraph; and
(ii) submit to the Committee on Veterans'
Affairs of the Senate and the Committee on
Veterans' Affairs of the House of
Representatives a report setting forth such
analysis.
(B) Elements.--The report required under
subparagraph (A)(ii) shall include the following:
(i) An evaluation of commercially available
systems that may satisfy the requirements of
paragraph (2).
(ii) The estimated cost of procuring a
commercially available system if a suitable
commercially available system exists.
(iii) If no suitable commercially available
system exists, an assessment of the feasibility
of modifying a commercially available system to
meet the requirements of paragraph (2),
including the estimated cost associated with
such modifications.
(iv) If no suitable commercially available
system exists and modifying a commercially
available system is not feasible, an assessment
of the estimated cost and time that would be
required to contract with a commercial entity
to design and build an electronic interface
that meets the requirements of paragraph (2).
(v) If the Secretary determines that the
Department has the capabilities required to
design and build an electronic interface that
meets the requirements of paragraph (2), an
assessment of the estimated cost and time that
would be required to design and build such
electronic interface.
(vi) A description of the decision of the
Secretary regarding how the Department plans to
establish the electronic interface required
under paragraph (2) and the justification of
the Secretary for such decision.
(4) Limitation on use of amounts.--The Secretary may not
spend any amounts to procure or design and build the electronic
interface described in paragraph (2) until the date that is 60
days after the date on which the Secretary submits the report
required under paragraph (3)(A)(iii).
(c) Clarification of Application of HIPAA Transaction Standards to
Veterans Choice Program and Other Veterans Health Care Programs Using
Non-Department Providers; Addressing Multi-Year Backlog in Claims.--
(1) Application of hipaa administrative simplification
standards.--
(A) In general.--The definition of the term
``health plan'' under section 1171(5)(J) of the Social
Security Act (42 U.S.C. 1320d(5)(J)) is deemed to
include the Veterans Choice Program.
(B) Implementation.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall make such modifications as may
be necessary to implement the amendment made by
subparagraph (A) with respect to claims for hospital
care or medical treatment furnished under the Veterans
Choice Program.
(2) Addressing backlog of claims by non-department
providers.--
(A) Adjudication.--Not later than 180 days after
the date of the enactment of this section, the
Secretary shall adjudicate all claims submitted before
such date of enactment by non-Department of Veterans
Affairs health care provider under the Veterans Choice
Program.
(B) Use of payment schedule for non-department
health care providers.--Section 1703A(b) of title 38,
United States Code, as added by subsection (a)(1),
shall apply to claims adjudicated pursuant to
subparagraph (A), except that the timeframe involved
shall begin on the date of such adjudication.
(3) Veterans choice program defined.--In this subsection,
the term ``Veterans Choice Program'' means hospital care or
medical treatment furnished to veterans pursuant to section 101
of the Veterans Access, Choice, and Accountability Act of 2014
(Public Law 113-146; 38 U.S.C. 1701 note) or any other law
administered by the Secretary of Veterans Affairs under which a
non-Department of Veterans Affairs health care provider
furnishes such care or services. | This bill directs the Department of Veterans Affairs (VA) to ensure that payments made to non-VA health care providers, including payments under the Veterans Choice Program, comply with the Prompt Payment Act and the requirements set forth in this bill. The bill: (1) prescribes payment schedules; (2) requires, with exceptions, claims to be submitted electroncially beginning January 1, 2019; and (3) requires the VA Chief Information Officer to establish by such date an electronic interface for health care providers to submit reimbursement claims. The VA shall: (1) within 90 days after enactment of this bill, make necessary modifications to ensure prompt payment for hospital care or medical treatment furnished under the program, and (2) within 180 days after enactment of this bill, adjudicate all program claims submitted before such date by non-VA health care providers. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve the process by which the Secretary of Veterans Affairs pays non-Department of Veterans Affairs health care providers for hospital care or medical services furnished to veterans pursuant to the laws administered by the Secretary."} | 2,905 | 172 | 0.56658 | 1.532591 | 0.747969 | 2.700599 | 16.437126 | 0.88024 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Rural
Health Provider Payment Extension Act of 2006''.
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
Sec. 2. Extension of medicare rural hospital hold harmless provision
under the prospective payment system for
hospital outpatient department (HOPD)
services.
Sec. 3. Extension of medicare incentive payment program for physician
scarcity areas.
Sec. 4. Extension of medicare increase payments for ground ambulance
services in rural areas.
Sec. 5. Extension of floor on medicare work geographic adjustment.
Sec. 6. Extension of medicare reasonable costs payments for certain
clinical diagnostic laboratory tests
furnished to hospital patients in certain
rural areas.
Sec. 7. Extension of temporary medicare payment increase for home
health services furnished in a rural area.
SEC. 2. EXTENSION OF MEDICARE RURAL HOSPITAL HOLD HARMLESS PROVISION
UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR HOSPITAL
OUTPATIENT DEPARTMENT (HOPD) SERVICES.
(a) In General.--Section 1833(t)(7)(D)(i) of the Social Security
Act (42 U.S.C. 1395l(t)(7)(D)(i)), as amended by section 5105 of the
Deficit Reduction Act of 2005, is amended--
(1) in subclause (I)--
(A) by striking ``(I)''; and
(B) by striking ``2006'' and inserting ``2010'';
and
(2) by striking subclause (II).
(b) Effective Date.--The amendments made by subsection (a) shall
apply to covered OPD services furnished on or after January 1, 2006.
SEC. 3. EXTENSION OF MEDICARE INCENTIVE PAYMENT PROGRAM FOR PHYSICIAN
SCARCITY AREAS.
Section 1833(u)(1) of the Social Security Act (42 U.S.C.
1395l(u)(1)) is amended by striking ``2008'' and inserting `` 2011''.
SEC. 4. EXTENSION OF MEDICARE INCREASE PAYMENTS FOR GROUND AMBULANCE
SERVICES IN RURAL AREAS.
Section 1834(l)(13) of the Social Security Act (42 U.S.C.
1395m(l)(13)) is amended--
(1) in subparagraph (A)--
(A) in the matter before clause (i), by striking
``furnished on or after July 1, 2004, and before
January 1, 2007,'';
(B) in clause (i), by inserting ``for services
furnished on or after July 1, 2004, and before January
1, 2011,'' after ``in such paragraph,''; and
(C) in clause (ii), by inserting ``for services
furnished on or after July 1, 2004, and before January
1, 2007,'' after ``in clause (i),''; and
(2) in subparagraph (B)--
(A) in the heading, by striking ``after 2006'' and
inserting ``for subsequent periods'';
(B) by inserting ``clauses (i) and (ii) of'' before
``subparagraph (A)''; and
(C) by striking ``in such subparagraph'' and
inserting ``in the respective clause''.
SEC. 5. EXTENSION OF FLOOR ON MEDICARE WORK GEOGRAPHIC ADJUSTMENT.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``2007'' and inserting ``2011''.
SEC. 6. EXTENSION OF MEDICARE REASONABLE COSTS PAYMENTS FOR CERTAIN
CLINICAL DIAGNOSTIC LABORATORY TESTS FURNISHED TO
HOSPITAL PATIENTS IN CERTAIN RURAL AREAS.
Section 416(b) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2282; 42
U.S.C. 1395l-4(b)) is amended by striking ``2-year'' and inserting ``7-
year''.
SEC. 7. EXTENSION OF TEMPORARY MEDICARE PAYMENT INCREASE FOR HOME
HEALTH SERVICES FURNISHED IN A RURAL AREA.
(a) In General.--Section 421 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2283; 42 U.S.C. 1395fff note), as amended by section 5201(b) of
the Deficit Reduction Act of 2005, is amended--
(1) in the heading, by striking ``one-year'' and inserting
``temporary''; and
(2) in subsection (a) by striking ``before April 1, 2005,
and episodes and visits beginning on or after January 1, 2006,
and before January 1, 2007'' and inserting ``before December
31, 2011''.
(b) Application to Certain Home Health Services Furnished Prior to
Date of Enactment.--For episodes and visits for home health services
furnished on or after April 1, 2005, and before the date of the
enactment of this Act, the Secretary of Health and Human Services shall
provide for a lump sum payment, not later than 60 days after such
enactment, of amounts due under the amendment made by subsection
(a)(2).
(c) Effective Date.--The amendments made by subsection (a) shall
apply to episodes and visits on or after April 1, 2005. | Medicare Rural Health Provider Payment Extension Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Deficit Reduction Act of 2005, to extend through calendar 2009 the Medicare rural hospital hold harmless provision under the prospective payment system for hospital outpatient department services.
Amends SSA title XVIII to extend through calendar 2010: (1) the Medicare incentive payment program for physician scarcity areas; (2) Medicare increased payments for ground ambulance services in rural areas; and (3) the floor on Medicare work adjustment.
Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to extend through July 1, 2011, Medicare reasonable costs payments for certain clinical diagnostic laboratory tests furnished to hospital patients in certain rural areas.
Amends the Medicare Prescription Drug Improvement, and Modernization Act of 2003, as amended by the Deficit Reduction Act of 2005, to extend through calendar 2011 the temporary Medicare payment increase for home health services furnished in a rural area. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act and the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to extend certain Medicare payment methodologies provided for rural health care providers."} | 1,334 | 212 | 0.646675 | 1.615792 | 0.851413 | 4.34375 | 5.416667 | 0.885417 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Innovation Act of
2013''.
SEC. 2. PROGRAM AUTHORIZATION.
Section 303(b) of the Small Business Investment Act of 1958 (15
U.S.C. 683(b)) is amended, in the matter preceding paragraph (1), in
the first sentence, by inserting after ``issued by such companies'' the
following: ``, in a total amount that does not exceed $4,000,000,000
each fiscal year (adjusted annually to reflect increases in the Chained
Consumer Price Index for All Urban Consumers (C-CPI-U), as published by
the Bureau of Labor Statistics of the Department of Labor)''.
SEC. 3. FAMILY OF FUNDS.
Section 303(b)(2)(B) of the Small Business Investment Act of 1958
(15 U.S.C. 683(b)(2)(B)) is amended by striking ``$225,000,000'' and
inserting ``$350,000,000''.
SEC. 4. SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM.
Title III of the Small Business Investment Act of 1958 (15 U.S.C.
681 et seq.) is amended by adding at the end the following:
``PART D--SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM
``SEC. 399A. DEFINITIONS.
``In this part:
``(1) Early-stage small business.--The term `early-stage
small business' means a small business concern that--
``(A) is domiciled in a State or Indian country (as
defined in section 1151 of title 18, United States
Code); and
``(B) has not generated gross annual sales revenues
exceeding $15,000,000 in any of the most recent 3 full
years before the date on which the Administrator makes
an equity financing to a participating investment
company under section 399E.
``(2) Eligible applicant.--The term `eligible applicant'
means--
``(A) an incorporated body, limited liability
company, or limited partnership organized and chartered
or otherwise existing under Federal or State law for
the purpose of performing the functions and conducting
the activities contemplated under the program; or
``(B) a manager of a small business investment
company.
``(3) Participating investment company.--The term
`participating investment company' means an applicant approved
under section 399E to participate in the program.
``(4) Program.--The term `program' means the early-stage
investment program established under section 399B.
``(5) Small business concern.--The term `small business
concern' has the same meaning given that term in section 3(a)
of the Small Business Act (15 U.S.C. 632(a)).
``(6) Small business concern in a targeted industry.--The
term `small business concern in a targeted industry' means a
small business concern that is engaged primarily in
researching, developing, manufacturing, producing, or bringing
to market goods, products, or services in a targeted industry.
``(7) Targeted industry.--The term `targeted industry'
means any of the following business sectors:
``(A) Advanced manufacturing.
``(B) Agricultural technology.
``(C) Biotechnology.
``(D) Clean energy technology.
``(E) Digital media.
``(F) Environmental technology.
``(G) Information technology.
``(H) Life sciences.
``(I) Water technology.
``SEC. 399B. ESTABLISHMENT OF PROGRAM.
``The Administrator shall establish and carry out an early-stage
investment program to provide equity financing to support early-stage
small businesses in accordance with this part.
``SEC. 399C. ADMINISTRATION OF PROGRAM.
``The Administrator, acting through the Associate Administrator
described in section 201, shall administer the program.
``SEC. 399D. APPLICATIONS.
``(a) Requirements for Application.--An application to participate
in the program shall include--
``(1) a business plan describing how the eligible applicant
intends to make successful venture capital investments in
early-stage small businesses and direct capital to small
business concerns in targeted industries or other business
sectors;
``(2) information regarding the relevant venture capital
investment qualifications and backgrounds of the individuals
responsible for the management of the eligible applicant; and
``(3) a description of the extent to which the eligible
applicant meets the selection criteria under section 399E.
``(b) Applications From Managers of Small Business Investment
Companies.--The Administrator shall establish an abbreviated
application process to participate in the program for applicants that
are managers of small business investment companies that are licensed
under section 301. The abbreviated application process shall
incorporate a presumption that managers of small business investment
companies that are licensed under section 301 satisfactorily meet the
selection criteria under paragraphs (3) and (5) of section 399E(b).
``SEC. 399E. SELECTION OF PARTICIPATING INVESTMENT COMPANIES.
``(a) In General.--Not later than 90 days after the date on which
the Administrator receives an application from an eligible applicant
under section 399D, the Administrator shall make a determination to
conditionally approve or disapprove the eligible applicant to
participate in the program and shall transmit the determination to the
eligible applicant electronically and in writing. A determination to
conditionally approve an eligible applicant shall identify all
conditions the eligible applicant is required to satisfy for the
Administrator to provide final approval to the eligible applicant to
participate in the program, and shall provide a period of not less than
1 year for the eligible applicant to satisfy the conditions.
``(b) Selection Criteria.--In making a determination under
subsection (a), the Administrator shall consider--
``(1) the likelihood that the eligible applicant will meet
the goals specified in the business plan of the eligible
applicant;
``(2) the likelihood that the investments of the eligible
applicant will create or preserve jobs in the United States,
both directly and indirectly;
``(3) the character and fitness of the management of the
eligible applicant;
``(4) the experience and background of the management of
the eligible applicant;
``(5) the extent to which the eligible applicant will
concentrate investment activities on early-stage small
businesses;
``(6) the likelihood that the eligible applicant will
achieve profitability;
``(7) the experience of the management of the eligible
applicant with respect to establishing a profitable investment
track record;
``(8) the extent to which the eligible applicant will
concentrate investment activities on small business concerns in
targeted industries; and
``(9) the extent to which the eligible applicant will
concentrate investment activities on small business concerns in
targeted industries that have received funds from an agency of
the Federal Government, including--
``(A) the National Institutes of Health;
``(B) the National Science Foundation; and
``(C) funds received under the Small Business
Innovation Research Program or the Small Business
Technology Transfer Program, as such terms are defined
under section 9 of the Small Business Act (15 U.S.C.
638).
``(c) Final Approval.--
``(1) In general.--Not later than 90 days after the date on
which an eligible applicant satisfies the conditions identified
by the Administrator under subsection (a), the Administrator
shall provide final approval to the eligible applicant to
participate in the program.
``(2) Exception.--Not later than 30 days after the date on
which an eligible applicant, the partnership or management
agreement of which conforms to models approved by the
Administrator, satisfies the conditions identified by the
Administrator under subsection (a), the Administrator shall
provide final approval to the eligible applicant to participate
in the program.
``(3) Revocation of conditional approval.--If an eligible
applicant fails to satisfy the conditions identified by the
Administrator under subsection (a) in the time period required
by that subsection, the Administrator shall revoke the
conditional approval.
``SEC. 399F. EQUITY FINANCINGS.
``(a) In General.--The Administrator may make 1 or more equity
financings to a participating investment company.
``(b) Equity Financing Amounts.--
``(1) Non-federal capital.--An equity financing made to a
participating investment company under the program may not be
in an amount that exceeds the amount of the capital of the
participating investment company that is not from a Federal
source and that is available for investment on or before the
date on which an equity financing is drawn upon by the
participating investment company. The capital of the
participating investment company may include legally binding
commitments with respect to capital for investment.
``(2) Limitation on aggregate amount.--The aggregate amount
of all equity financings made to a participating investment
company under the program may not exceed $100,000,000.
``(c) Equity Financing Process.--In making an equity financing
under the program, the Administrator shall commit an equity financing
amount to a participating investment company, and the amount of each
commitment shall remain available to be drawn upon by a participating
investment company--
``(1) for new-named investments, during the 5-year period
beginning on the date on which the commitment is first drawn
upon by the participating investment company; and
``(2) for follow-on investments and management fees, during
the 10-year period beginning on the date on which the
commitment is first drawn upon by the participating investment
company, with not more than 2 additional 1-year periods
available at the discretion of the Administrator.
``(d) Commitment of Funds.--Not later than 2 years after the date
on which funds are appropriated for the program, the Administrator
shall make commitments for equity financings.
``SEC. 399G. INVESTMENTS IN EARLY-STAGE SMALL BUSINESSES.
``(a) In General.--As a condition of receiving an equity financing
under the program, a participating investment company shall make all of
the investments of the participating investment company made with
amounts received under the program, including securities, promissory
notes, or other obligations, in small business concerns, of which at
least 50 percent of the total amount of such investments shall be in
early-stage small businesses in targeted industries.
``(b) Evaluation of Compliance.--After a participating investment
company has expended not less than 50 percent of the amount of an
equity financing commitment made under section 399F, the Administrator
shall evaluate the compliance of the participating investment company
with the requirements under subsection (a).
``(c) Waiver.--The Administrator may waive the requirements for a
participating investment company under subsection (a) if the
Administrator determines that it is in the best interest of the long
term solvency of the fund established in section 399J.
``SEC. 399H. PRO RATA INVESTMENT SHARES.
``Each investment made by a participating investment company under
the program shall be treated as comprised of capital from equity
financings under the program according to the ratio that capital from
equity financings under the program bears to all capital available to
the participating investment company for investment.
``SEC. 399I. EQUITY FINANCING INTEREST.
``(a) Equity Financing Interest.--
``(1) In general.--As a condition of receiving an equity
financing under the program, a participating investment company
shall convey an equity financing interest to the Administrator
in accordance with paragraph (2).
``(2) Effect of conveyance.--The equity financing interest
conveyed under paragraph (1)--
``(A) shall have all the rights and attributes of
other investors attributable to their interests in the
participating investment company;
``(B) shall not denote control or voting rights to
the Administrator; and
``(C) shall entitle the Administrator to a pro rata
portion of any distributions made by the participating
investment company equal to the percentage of capital
in the participating investment company that the equity
financing comprises, which shall be made at the same
times and in the same amounts as any other investor in
the participating investment company with a similar
interest.
``(3) Allocations.--A participating investment company
shall make allocations of income, gain, loss, deduction, and
credit to the Administrator with respect to the equity
financing interest as if the Administrator were an investor.
``(b) Manager Profits.--As a condition of receiving an equity
financing under the program, the manager profits interest payable to
the managers of a participating investment company under the program
shall not exceed 20 percent of profits, exclusive of any profits that
may accrue as a result of the capital contributions of any such
managers with respect to the participating investment company. Any
excess of manager profits interest, less taxes payable thereon, shall
be returned by the managers and paid to the investors and the
Administrator in proportion to the capital contributions and equity
financings paid in. No manager profits interest (other than a tax
distribution) shall be paid before the repayment to the investors and
the Administrator of all contributed capital and equity financings
made.
``(c) Distribution Requirements.--As a condition of receiving an
equity financing under the program, a participating investment company
shall make all distributions to all investors in cash and shall make
distributions within a reasonable time after exiting investments,
including following a public offering or market sale of underlying
investments.
``SEC. 399J. FUND.
``There is established in the Treasury a separate account (in this
section referred to as `the fund') for equity financings which shall be
available to the Administrator, subject to annual appropriations, as a
revolving fund to be used for the purposes of the program. All amounts
received by the Administrator under the program, including any moneys,
property, or assets derived by the Administrator from operations in
connection with the program, shall be deposited in the fund.
``SEC. 399K. APPLICATION OF OTHER SECTIONS.
``To the extent not inconsistent with requirements under this part,
the Administrator may apply sections 309, 311, 312, 313, and 314 to
activities under this part, and an officer, director, employee, agent,
or other participant in a participating investment company shall be
subject to the requirements under such sections.
``SEC. 399L. ANNUAL REPORTING.
``The Administrator shall include information on the performance of
the program in the annual performance report of the Administration
required to be submitted under section 10(a) of the Small Business Act
(15 U.S.C. 639(a)).''. | Small Business Innovation Act of 2013 - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA) to guarantee the payment of up to $4 billion per fiscal year for debentures or participating securities issued by small business investment companies (SBICs) to encourage the formation and growth of small businesses. Increases from $225 million to $350 million the maximum amount of outstanding leverage for two or more commonly-controlled SBICs. Direct the Administrator to establish and carry out an early-stage investment program to provide, through participating investment companies, equity financing to support early-stage businesses (gross annual sales of $15 million or less in any of the previous three years). Outlines investment company application requirements and selection and approval procedures. Allows the Administrator to make one or more equity financings to a participating company, with a limit of $100 million to any one company. Requires the company to make all of its investments in small businesses, of which at least 50% shall be early-stage small businesses in specified targeted industries. Establishes in the Treasury a separate account for equity financings under the program. | {"src": "billsum_train", "title": "Small Business Innovation Act of 2013"} | 3,222 | 243 | 0.58406 | 1.639133 | 0.685794 | 2.531818 | 13.527273 | 0.822727 |
SECTION 1. CYBER AND INFORMATION TECHNOLOGY RANGES.
(a) Management of Cyber Ranges and Facilities.--Subsection (b) of
section 932 of the National Defense Authorization Act for Fiscal Year
2014 (Public Law 113-66) is amended--
(1) by adding at the end the following new paragraphs:
``(3) List of cyber and information technology ranges and
facilities.--
``(A) In general.--The Principal Cyber Advisor
designated under subsection (c)(1) shall establish a
comprehensive list of the cyber and information
technology ranges and facilities of the Department of
Defense.
``(B) Terminology.--In establishing the list under
subparagraph (A), the Principal Cyber Advisor shall
denote whether each cyber and information technology
range and facility is--
``(i) a `cyber range', as defined by the
Principal Cyber Advisor pursuant to subsection
(c)(2)(C); or
``(ii) an `IT range', as defined by the
Principal Cyber Advisor pursuant to such
subsection.
``(C) Submission.--Not later than one year after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2015, the Principal
Cyber Advisor shall submit to the congressional defense
committees the list established under subparagraph (A).
``(4) Management of systems.--The Principal Cyber Advisor
shall determine, on a case by case basis, whether a cyber and
information technology range and facility listed under
paragraph (3)(A) should be centrally managed under paragraph
(5) to increase efficiency, provide capability or capacity to
more elements of the Department of Defense, or both.
``(5) Coordinating entity.--
``(A) Establishment.--Not later than 270 days after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2015, the Secretary
of Defense shall establish an entity, or designate an
element of the Department of Defense, to coordinate
cyber and information technology ranges and facilities
that the Principal Cyber Advisor determines should be
centrally managed under paragraph (4).
``(B) Duties.--With respect to the cyber and
information technology ranges and facilities designated
under paragraph (4), the head of the entity established
or designated under subparagraph (A) shall be
responsible for the following:
``(i) Managing the cyber and information
technology ranges and facilities, including
coordinating the scheduling of ranges and
facilities.
``(ii) Identifying and providing guidance
to the Secretary with respect to opportunities
for integration among the cyber and information
technology ranges and facilities regarding
testing, training, and developing functions.
``(iii) Assisting the military departments,
the National Guard, and the elements of the
Department gain access to the cyber and
information technology ranges and facilities.
``(C) Reports.--The head of the entity established
or designated under subparagraph (A) shall submit to
the congressional defense committees--
``(i) an annual report on the opportunities
for cost reduction and improvements to the
integration and coordination of the cyber and
information technology ranges and facilities;
and
``(ii) by not later than one year after the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 2015, an
initial report on the status, integration
efforts, and usage of cyber and information
technology ranges and facilities.
``(6) Cyber and information technology ranges and
facilities defined.--In this subsection, the term `cyber and
information technology ranges and facilities' means cyber
ranges, test facilities, test beds, and other means of the
Department of Defense for testing, training, and developing
software, personnel, and tools for accommodating the mission of
the Department.''; and
(2) in the heading, by inserting ``and Information
Technology'' after ``Cyber''.
(b) Common Terms.--
(1) In general.--Subsection (c)(2) of such section is
amended by adding at the end the following new subparagraph:
``(C) Establishing and maintaining a list of terms
and definitions with respect to commonly used terms
relating to cyber matters to improve the coordination
and cooperation among the military departments and
among other departments and agencies of the Federal
Government.''.
(2) Establishment.--In carrying out section 932(c)(2)(C) of
the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66), as added by paragraph (1), the Principal
Cyber Advisor shall--
(A) establish the list of terms and definitions by
not later than 270 days after the date of the enactment
of this Act; and
(B) use as a basis for such list Joint Publication
1-02, Department of Defense Dictionary of Military and
Associated Terms (as amended through 31 January 2011).
(c) Pilot Program.--
(1) In general.--The head of the entity established or
designated under section 932(b)(5)(A) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66), as
added by subsection (a), shall carry out one or more pilot
programs to demonstrate commercially available, cloud-based
cyber training, exercise, and test environments (both
unclassified and classified) that are available to meet the
mission of the Department of Defense while providing the
defense laboratories, the National Guard, academia, and the
private sector access to such training, exercise, and test
environments.
(2) Evaluation.--The pilot programs under paragraph (1)
shall evaluate the costs and benefits with respect to the
following matters:
(A) Persistent capability.
(B) Remote access.
(C) Capability to transfer information across
classification levels.
(D) Reuse of environments.
(E) Routine integration of new technologies.
(F) Use of commercially available cloud-based
solutions that are compliant with the Federal Risk and
Authorization Management Program.
(G) Pay-per-use utility pricing model.
(H) Any other matters the head determines
appropriate.
(3) Eligible entities.--The head shall select, using
competitive procedures, defense laboratories and federally
funded research and development centers to carry out pilot
programs under paragraph (1).
(4) Follow-on activities.--Based on the information learned
under the pilot programs under paragraph (1), the Secretary of
Defense may carry out any of the following activities:
(A) Transition a pilot program to be carried out by
the Secretary for operations, maintenance, and
continued use by cyber organizations of the Department.
(B) Provide persistent year-round accessibility of
the environment for continued training during non-
exercise periods.
(C) Provide a ``certification quality'' environment
for initial and recurring training of all cyber teams.
(D) Replicate the capability of a pilot program to
provide similar high-end training and exercise
opportunities for non-Department cyber professionals,
including in coordination with the Secretary of
Homeland Security.
(E) Sustain the research and development effort
under a pilot program to continue updating network
environments, targets and defended assets, and
integration of new cyber tools.
(F) Sustain technology infusion under a pilot
program to apply and evaluate advanced concepts and
solutions to problems that affect multiple mission
spaces of the Department.
(G) Create a library of virtual cyber templates
that are ready to be used on short notice without the
capital expenditures that would otherwise be required. | Amends the National Defense Authorization Act for Fiscal Year 2014 to require the Principal Cyber Advisor (PCA) (the principal advisor to the Secretary of Defense on military cyber forces) to establish and submit to Congress a comprehensive list of cyber and information technology ranges and facilities of the Department of Defense (DOD). Defines "cyber and information technology ranges and facilities" as cyber ranges, test facilities, test beds, and other DOD means for testing, training, and developing software, personnel, and tools for accommodating DOD's mission. Requires the PCA to determine, on a case-by-case basis, whether listed ranges and facilities should be managed centrally to increase efficiency, should provide capability or capacity to more DOD elements, or both. Directs the Secretary to establish or designate an entity to coordinate such ranges and facilities that the PCA determines should be centrally managed. Requires the head of such entity to: (1) manage and identify opportunities for integration of such ranges and facilities; and (2) assist the military departments, the National Guard, and elements of DOD to gain access to such ranges and facilities. Requires the PCA to establish and maintain a list of commonly used terms relating to cyber matters to improve the coordination and cooperation among the military departments and other federal agencies. Directs the head of the coordination entity to carry out one or more pilot programs to demonstrate commercially available, cloud-based cyber training, exercise, and test environments that are accessible to defense laboratories, the National Guard, academia, and the private sector. | {"src": "billsum_train", "title": "To improve the management of cyber and information technology ranges and facilities of the Department of Defense, and for other purposes."} | 1,579 | 342 | 0.672792 | 2.101237 | 0.736334 | 4.050336 | 5.134228 | 0.902685 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employment Non-Discrimination Act of
1997''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to provide a comprehensive Federal prohibition of
employment discrimination on the basis of sexual orientation;
(2) to provide meaningful and effective remedies for
employment discrimination on the basis of sexual orientation;
and
(3) to invoke congressional powers, including the powers to
enforce the 14th amendment to the Constitution and to regulate
interstate commerce, in order to prohibit employment
discrimination on the basis of sexual orientation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission.
(2) Covered entity.--The term ``covered entity'' means an
employer, employment agency, labor organization, joint labor-
management committee, an entity to which section 717(a) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies, an
employing authority to which section 302(a)(1) of the
Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1))
applies, or an employing office, as defined in section 101 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1301).
The term ``covered entity'' includes an employing office, as
defined in section 401 of title 3, United States Code.
(3) Employer.--The term ``employer'' means a person engaged
in an industry affecting commerce (as defined in section 701(h)
of the Civil Rights Act of 1964 (42 U.S.C. 2000e(h))) who has
15 or more employees (as defined in section 701(f) of such Act
(42 U.S.C. 2000e(f)) for each working day in each of 20 or more
calendar weeks in the current or preceding calendar year, and
any agent of such a person, but such term does not include a
bona fide private membership club (other than a labor
organization) that is exempt from taxation under section 501(c)
of the Internal Revenue Code of 1986.
(4) Employment agency.--The term ``employment agency'' has
the meaning given the term in section 701(c) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e(c)).
(5) Employment or an employment opportunity.--Except as
provided in section 10(a)(1), the term ``employment or an
employment opportunity'' includes job application procedures,
hiring, advancement, discharge, compensation, job training, or
any other term, condition, or privilege of employment, but does
not include the service of a volunteer for which the volunteer
receives no compensation.
(6) Labor organization.--The term ``labor organization''
has the meaning given the term in section 701(d) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e(d)).
(7) Person.--The term ``person'' has the meaning given the
term in section 701(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(a)).
(8) Religious organization.--The term ``religious
organization'' means--
(A) a religious corporation, association, or
society; or
(B) a school, college, university, or other
educational institution or institution of learning,
if--
(i) the institution is in whole or
substantial part controlled, managed, owned, or
supported by a religion, religious corporation,
association, or society; or
(ii) the curriculum of the institution is
directed toward the propagation of a religion.
(9) Sexual orientation.--The term ``sexual orientation''
means homosexuality, bisexuality, or heterosexuality, whether
the orientation is real or perceived.
(10) State.--The term ``State'' has the meaning given the
term in section 701(i) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(i)).
SEC. 4. DISCRIMINATION PROHIBITED.
A covered entity shall not, with respect to the employment or an
employment opportunity of an individual--
(1) subject the individual to a different standard or
different treatment, or otherwise discriminate against the
individual, on the basis of sexual orientation; or
(2) discriminate against the individual based on the sexual
orientation of a person with whom the individual is believed to
associate or to have associated.
SEC. 5. RETALIATION AND COERCION PROHIBITED.
(a) Retaliation.--A covered entity shall not discriminate against
an individual because the individual opposed any act or practice
prohibited by this Act or because the individual made a charge,
assisted, testified, or participated in any manner in an investigation,
proceeding, or hearing under this Act.
(b) Coercion.--A person shall not coerce, intimidate, threaten, or
interfere with any individual in the exercise or enjoyment of, or on
account of the individual's having exercised, enjoyed, assisted in, or
encouraged the exercise or enjoyment of, any right granted or protected
by this Act.
SEC. 6. BENEFITS.
This Act does not apply to the provision of employee benefits to an
individual for the benefit of the partner of the individual.
SEC. 7. NO DISPARATE IMPACT; COLLECTION OF STATISTICS.
(a) Disparate Impact.--The fact that an employment practice has a
disparate impact, as the term ``disparate impact'' is used in section
703(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on the
basis of sexual orientation does not establish a prima facie violation
of this Act.
(b) Collection of Statistics.--The Commission shall not collect
statistics on sexual orientation from covered entities, or compel the
collection of such statistics by covered entities.
SEC. 8. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.
(a) Quotas.--A covered entity shall not adopt or implement a quota
on the basis of sexual orientation.
(b) Preferential Treatment.--A covered entity shall not give
preferential treatment to an individual on the basis of sexual
orientation.
(c) Consent Decrees.--The Commission may not enter into a consent
decree that includes a quota, or preferential treatment to an
individual, based on sexual orientation.
SEC. 9. RELIGIOUS EXEMPTION.
(a) In General.--Except as provided in subsection (b), this Act
shall not apply to a religious organization.
(b) Unrelated Business Taxable Income.--This Act shall apply to
employment or an employment opportunity for an employment position of a
covered entity that is a religious organization, if the duties of the
position pertain solely to activities of the organization that generate
unrelated business taxable income subject to taxation under section
511(a) of the Internal Revenue Code of 1986.
SEC. 10. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS'
PREFERENCES.
(a) Armed Forces.--
(1) Employment or an employment opportunity.--In this Act,
the term ``employment or an employment opportunity'' does not
apply to the relationship between the United States and members
of the Armed Forces.
(2) Armed forces.--In paragraph (1), the term ``Armed
Forces'' means the Army, Navy, Air Force, Marine Corps, and
Coast Guard.
(b) Veterans' Preferences.--This Act does not repeal or modify any
Federal, State, territorial, or local law creating a special right or
preference concerning employment or an employment opportunity for a
veteran.
SEC. 11. CONSTRUCTION.
Nothing in this Act shall be construed to prohibit a covered entity
from enforcing rules regarding nonprivate sexual conduct, if the rules
of conduct are designed for, and uniformly applied to, all individuals
regardless of sexual orientation.
SEC. 12. ENFORCEMENT.
(a) Enforcement Powers.--With respect to the administration and
enforcement of this Act in the case of a claim alleged by an individual
for a violation of this Act--
(1) the Commission shall have the same powers as the
Commission has to administer and enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.); or
(B) sections 302 and 304 of the Government Employee
Rights Act of 1991 (2 U.S.C. 1202 and 1220);
in the case of a claim alleged by the individual for a
violation of such title or of section 302(a)(1) of such Act (2
U.S.C. 1202(a)(1)), respectively;
(2) the Librarian of Congress shall have the same powers as
the Librarian of Congress has to administer and enforce title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
in the case of a claim alleged by the individual for a
violation of such title;
(3) the Board (as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301)) shall
have the same powers as the Board has to administer and enforce
the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et
seq.) in the case of a claim alleged by the individual for a
violation of section 201(a)(1) of such Act (2 U.S.C.
1311(a)(1));
(4) the Attorney General shall have the same powers as the
Attorney General has to administer and enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.); or
(B) sections 302 and 304 of the Government Employee
Rights Act of 1991 (2 U.S.C. 1202 and 1220);
in the case of a claim alleged by the individual for a
violation of such title or of section 302(a)(1) of such Act (2
U.S.C. 1202(a)(1)), respectively;
(5) the President, the Commission, and the Merit Systems
Protection Board shall have the same powers as the President,
the Commission, and the Board, respectively, have to administer
and enforce chapter 5 of title 3, United States Code, in the
case of a claim alleged by the individual for a violation of
section 411 of such title;
(6) a court of the United States shall have the same
jurisdiction and powers as the court has to enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) in the case of a claim alleged by
the individual for a violation of such title;
(B) sections 302 and 304 of the Government Employee
Rights Act of 1991 (2 U.S.C. 1202 and 1220) in the case
of a claim alleged by the individual for a violation of
section 302(a)(1) of such Act (2 U.S.C. 1202(a)(1));
(C) the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) in the case of a claim alleged by
the individual for a violation of section 201(a)(1) of
such Act (2 U.S.C. 1311(a)(1)); and
(D) chapter 5 of title 3, United States Code, in
the case of a claim alleged by the individual for a
violation of section 411 of such title.
(b) Procedures and Remedies.--The procedures and remedies
applicable to a claim alleged by an individual for a violation of this
Act are--
(1) the procedures and remedies applicable for a violation
of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
et seq.) in the case of a claim alleged by the individual for a
violation of such title;
(2) the procedures and remedies applicable for a violation
of section 302(a)(1) of the Government Employee Rights Act of
1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by
the individual for a violation of such section;
(3) the procedures and remedies applicable for a violation
of section 201(a)(1) of the Congressional Accountability Act of
1995 (2 U.S.C. 1311(a)(1)) in the case of a claim alleged by
the individual for a violation of such section; and
(4) the procedures and remedies applicable for a violation
of section 411 of title 3, United States Code, in the case of a
claim alleged by the individual for a violation of such
section.
(c) Other Applicable Provisions.--With respect to a claim alleged
by a covered employee (as defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301)) for a violation of this
Act, title III of the Congressional Accountability Act of 1995 (2
U.S.C. 1381 et seq.) shall apply in the same manner as such title
applies with respect to a claim alleged by such a covered employee for
a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
SEC. 13. STATE AND FEDERAL IMMUNITY.
(a) State Immunity.--A State shall not be immune under the 11th
amendment to the Constitution from an action in a Federal court of
competent jurisdiction for a violation of this Act.
(b) Remedies Against the United States and the States.--
Notwithstanding any other provision of this Act, in an action or
administrative proceeding against the United States or a State for a
violation of this Act, remedies (including remedies at law and in
equity, and interest) are available for the violation to the same
extent as the remedies are available for a violation of title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) by a private
entity, except that--
(1) punitive damages are not available; and
(2) compensatory damages are available to the extent
specified in section 1977A(b) of the Revised Statutes (42
U.S.C. 1981a(b)).
SEC. 14. ATTORNEYS' FEES.
Notwithstanding any other provision of this Act, in an action or
administrative proceeding for a violation of this Act, an entity
described in section 12(a) (other than paragraph (4) of such section),
in the discretion of the entity, may allow the prevailing party, other
than the United States, a reasonable attorney's fee (including expert
fees) as part of the costs. The United States shall be liable for the
costs to the same extent as a private person.
SEC. 15. POSTING NOTICES.
A covered entity shall post notices for employees, applicants for
employment, and members, to whom the provisions specified in section
12(b) apply, that describe the applicable provisions of this Act in the
manner prescribed by, and subject to the penalty provided under,
section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-10).
SEC. 16. REGULATIONS.
(a) In General.--Except as provided in subsections (b), (c), and
(d), the Commission shall have authority to issue regulations to carry
out this Act.
(b) Librarian of Congress.--The Librarian of Congress shall have
authority to issue regulations to carry out this Act with respect to
employees of the Library of Congress.
(c) Board.--The Board referred to in section 12(a)(3) shall have
authority to issue regulations to carry out this Act, in accordance
with section 304 of the Congressional Accountability Act of 1995 (2
U.S.C. 1384), with respect to covered employees, as defined in section
101 of such Act (2 U.S.C. 1301).
(d) President.--The President shall have authority to issue
regulations to carry out this Act with respect to covered employees, as
defined in section 401 of title 3, United States Code.
SEC. 17. RELATIONSHIP TO OTHER LAWS.
This Act shall not invalidate or limit the rights, remedies, or
procedures available to an individual claiming discrimination
prohibited under any other Federal law or any law of a State or
political subdivision of a State.
SEC. 18. SEVERABILITY.
If any provision of this Act, or the application of the provision
to any person or circumstance, is held to be invalid, the remainder of
this Act and the application of the provision to any other person or
circumstance shall not be affected by the invalidity.
SEC. 19. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
shall take effect 60 days after the date of enactment of this Act and
shall not apply to conduct occurring before the effective date.
(b) Presidential Offices.--The second sentence of section 3(2), and
sections 12(a)(5), 12(a)(6)(D), 12(b)(4), and 16(d), shall take effect
on, and shall not apply to conduct occurring before, the later of--
(1) October 1, 1997; and
(2) the effective date described in subsection (a). | Employment Non-Discrimination Act of 1997 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority or office to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Prohibits related retaliation and coercion.
Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits: (1) quotas and preferential treatment; and (2) the Equal Employment Opportunity Commission from entering into a consent decree that includes a quota or preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except regarding employment in a position the duties of which pertain solely to activities of the organization that generate unrelated business income subject to taxation under specified Internal Revenue Code provisions); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States or a State liable for all remedies (except punitive damages, with compensatory damages available to the extent specified in certain existing provisions of law) to the same extent as under specified provisions of the Civil Rights Act of 1964. Allows recovery of attorney's fees. Requires posting notices for employees and applicants. | {"src": "billsum_train", "title": "Employment Non-Discrimination Act of 1997"} | 3,878 | 316 | 0.504244 | 1.588912 | 0.750572 | 3.409253 | 11.839858 | 0.903915 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``416d65726963612043616e20436f6465 Act
of 2013'' or the ``America Can Code Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the National Science Foundation, 2 percent
of students studying science, technology, engineering, or math
(STEM) are computer science majors, while 60 percent of STEM
jobs are in the computing field.
(2) The Bureau of Labor Statistics estimates that computer
programming jobs are growing at twice the national job growth
average, and these jobs are high paying middle class jobs that
can secure the financial future of many American families and
also help grow the United States economy.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) secondary schools should focus on preparing career and
technical students, including underrepresented groups such as
minorities and women, for academic and technical opportunities
in postsecondary education or entry into a high paying, skilled
job in the computer programming field;
(2) elementary schools and secondary schools should place
emphasis on coding and computer programming as a vocational and
technical education track;
(3) educators should rethink the way coding as a skill is
conceptualized within the education system and in our society;
and
(4) learning to write and read code is critical to creating
and innovating in cyberspace, and learning this language is
also a skill critical to the national security and economic
competitiveness of the United States.
SEC. 4. CODING AS A CRITICAL FOREIGN LANGUAGE.
Section 6002(b)(1) of the America COMPETES Act (20 U.S.C.
9802(b)(1)) is amended by inserting ``, including a computer
programming language,'' after ``a foreign language''.
SEC. 5. AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND TECHNICAL
EDUCATION ACT OF 2006.
The Carl D. Perkins Vocational and Technical Education Act of 2006
(20 U.S.C. 2301 et seq.) is amended--
(1) in section 122(c) (20 U.S.C. 2342(c))--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the first sentence, by
inserting ``, including coding and
computer programming,'' after ``the
career and technical programs of
study''; and
(II) in clause (iv), by inserting
``, particularly in the technology
field'' after ``or an associate or
baccalaureate degree'';
(ii) in subparagraph (H), by inserting ``,
especially in computer programming'' after ``in
current or emerging occupations''; and
(iii) in subparagraph (I)(iii), by
inserting ``, especially in computer
programming'' after ``or high demand
occupations'';
(B) in paragraph (7)--
(i) in subparagraph (A)(ii), by inserting
``, particularly coding and computer
programming'' after ``all aspects of an
industry''; and
(ii) in subparagraph (B), by inserting ``,
such as the technology industry'' after ``all
aspects of an industry'';
(C) in paragraph (9)(C), by inserting ``,
especially in computer programming'' after ``or high
demand occupations'';
(D) in paragraph (16), by inserting ``, especially
in computer programming'' after ``regional occupational
opportunities''; and
(E) in paragraph (18), by inserting ``, especially
in computer programming'' after ``or high demand
occupations and non-traditional fields''; and
(2) in section 203 (20 U.S.C. 2373)--
(A) in subsection (c)--
(i) in paragraph (2)--
(I) in subparagraph (B), by
inserting ``, especially in coding and
computer programming,'' after
``integrates academic and career and
technical education instruction'';
(II) in subparagraph (C), by
inserting ``, especially in computer
programming'' after ``or high demand
occupations'';
(III) in subparagraph (E), by
inserting ``, particularly in the
technology field'' after ``in a
specific career field''; and
(IV) in subparagraph (F), by
inserting ``, particularly in computer
programming,'' after ``or high wage
employment''; and
(ii) in paragraph (6), by inserting ``,
particularly in the technology industry,''
after ``(including preapprenticeship
programs)'';
(B) in subsection (d)(1), by inserting ``,
including hardware and software'' after ``provide for
the acquisition of tech prep program equipment''; and
(C) in subsection (e)(1)--
(i) in subparagraph (B)--
(I) by redesignating clauses (iv)
and (v) and (v) and (vi), respectively;
and
(II) by inserting after clause
(iii) the following:
``(iv) complete a State or industry-
recognized certification or licensure in
computer programming;''; and
(ii) in subparagraph (C)--
(I) by redesignating clauses (iii)
and (iv) and (iv) and (v),
respectively; and
(II) by inserting after clause (ii)
the following:
``(iii) complete a State or industry-
recognized certification or licensure in
computer programming;''.
SEC. 6. TASK FORCE ON COMPUTER PROGRAMMING AND CODING.
(a) Establishment of Task Force on Computer Programming and
Coding.--Not later than 180 days after the date of enactment of this
Act, the Secretary of Education shall convene a task force to explore--
(1) mechanisms for the development of draft curricula for
elementary and secondary education with respect to computer
programming and coding;
(2) a mechanism to collect and share best practices among
educators with respect to computer programming and coding at
the elementary school and secondary school levels; and
(3) a national strategy to ensure competitiveness in
emerging STEM fields, such as computer programming and coding.
(b) Functions.--The task force shall--
(1) develop options for a collaborative model and an
organizational structure for such task force under which the
joint research and development activities may be planned,
managed, and conducted effectively, including mechanisms for
the allocation of resources among the participants of such task
force for support of such activities;
(2) identify and prioritize at least 3 challenges of
educating and training a workforce equipped to fill computer
science and engineering jobs, particularly focused on
nationally significant problems requiring collaborative and
interdisciplinary solutions;
(3) propose a process for developing a research and
development agenda for such task force to address the
challenges identified under paragraph (2);
(4) define the roles and responsibilities for the members
from each of the groups described in paragraphs (1) through (4)
of subsection (c);
(5) establish the information portal described in
subsection (e); and
(6) make recommendations for how task force may be funded
from Federal, State, and nongovernmental sources.
(c) Composition.--In establishing the task force under subsection
(a), the Secretary shall appoint to serve on the task force an equal
number of representatives from each of the following 4 groups:
(1) The Department of Education and other relevant Federal
Government agencies.
(2) Elementary school or secondary school teachers.
(3) Institutions of higher education, including minority-
serving institutions and community colleges.
(4) Employers of individuals with expertise in computer
science and engineering.
(d) Compensation and Expenses.--Members of the task force shall
serve without compensation.
(e) Information Portal.--
(1) In general.--The task force shall establish and
maintain, an information portal which shall--
(A) include the establishment of an online,
publicly available information portal for use by
elementary schools and secondary schools and
stakeholders that directs users to key data and tools
to build or update curricula for elementary and
secondary education on coding and computer programming;
and
(B) expand and be complementary to existing Federal
efforts promoting coding and computer programming in
elementary schools and secondary schools to prepare for
high paying skilled jobs in the computer programming
field.
(2) Contents.--The information portal established under
this subsection shall direct users (who may include elementary
schools and secondary schools, academia, and private sector
stakeholders, and non-profit organizations with expertise in
coding), to coordinated and systematic information on promoting
coding and computer programming in elementary schools and
secondary schools to prepare students for high paying skilled
jobs in the computer programming field, including--
(A) best or model practices;
(B) data;
(C) case studies;
(D) indicators;
(E) scientific reports;
(F) policy recommendations for Federal, State, and
local government;
(G) guidance documents and design standards for
elementary schools and secondary schools;
(H) incentives for teachers;
(I) education initiatives;
(J) support tools, including draft curricula and
appropriate materials for teachers;
(K) public and private sources of assistance to
available to support computer science and engineering
in elementary schools and secondary schools; and
(L) such other information as the coordinating as
the task force considers appropriate.
(f) Report.--Not later than 24 months after the date of enactment
of this Act, the Secretary shall transmit to the Committees on
Education and Workforce and Oversight and Government Reform of the
House of Representatives and the Committees on Health, Education,
Labor, and Pensions and Homeland Security and Governmental Affairs of
the Senate a report describing the findings and recommendations of the
task force.
(g) Termination.--The task force shall terminate upon the
completion of information portal report required under subsection (e)
and the transmittal of the report required under subsection (f).
(h) Definitions.--In this section:
(1) ESEA terms.--The terms ``elementary school'' and
``secondary school'' have the meanings given the terms in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f)).
(3) 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).
(4) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in section
371(a) of the Higher Education Act of 1965 (20 U.S.C. 20 U.S.C.
1067q(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education. | 416d65726963612043616e20436f6465 Act of 2013 or the America Can Code Act of 2013 - Expresses the sense of Congress regarding the importance of instruction in coding and computer programming to students' academic and vocational success, innovations in cyberspace, and our national security and economic competitiveness. Amends the America COMPETES Act to include computer programming language that is critical to the national security and economic competitiveness of our country as a "critical foreign language," the study of which is included in the teacher education programs and Advanced Placement or International Baccalaureate programs funded under that Act. Amends the Carl D. Perkins Vocational and Technical Education Act of 2006 to provide for: (1) state plans to include coding and computer programming instruction within the career and technical programs of study for which states receive assistance under that Act, and (2) the inclusion of coding and computer programming instruction within the federally-assisted tech prep programs that prepare participants in a career field by providing them with at least two years of secondary education followed by at least two years of postsecondary education or participation in an apprenticeship program. Directs the Secretary of Education to convene a task force to explore: (1) mechanisms for the development of draft curricula for elementary and secondary computer programming and coding education; (2) a mechanism to collect and share best elementary and secondary school computer programming and coding practices among educators; and (3) a national strategy to ensure competitiveness in emerging science, technology, engineering, and mathematics (STEM) fields, such as computer programming and coding. Requires the task force to establish an information portal that directs users to coordinated and systematic information on promoting coding and computer programming in elementary and secondary schools. | {"src": "billsum_train", "title": "416d65726963612043616e20436f6465 Act of 2013"} | 2,467 | 379 | 0.665726 | 2.331102 | 0.963374 | 3.683544 | 7.208861 | 0.892405 |
short title
Section 1. This Act may be cited as the ``Senior Citizens Health
Insurance Standards Act of 1993''.
findings and purpose
Sec. 2. The Congress finds that--
(1) health care costs are a major expense and source of
concern for the elderly;
(2) Medicare covers less than half of the health care costs
for the elderly;
(3) because of their condition and needs, many elderly have
to purchase private health insurance;
(4) the paucity of consumer information in the field of
health insurance for the elderly makes it almost impossible for
those seeking such insurance to make reasoned choices;
(5) many of the policies sold to supplement Medicare
coverage provide inadequate coverage and low return to
consumers;
(6) the many instances of abuse and deception in the
marketing of health insurance for the elderly, which have been
documented by recent congressional hearings, constitute a
national disgrace; and
(7) these instances of abuse, deception, inadequate
coverage, and low return are now a national problem and the
Federal Government has a responsibility to assist in the
remedy.
(b) It is, therefore, the purpose of this Act to direct the
Secretary to require Federal minimum standards for the sale of health
insurance for the elderly and to take other action designed to provide
future benefits to the elderly who need assistance in meeting their
health insurance needs.
minimum standards
Sec. 3. (a) Each State shall, no later than two years after the
date of enactment of this Act, submit a plan to the Secretary of Health
and Human Services for the purpose of specifying the minimum standards
applicable to health insurance for the elderly in such State. Such plan
shall specify minimum standards which--
(1) provide that at least 75 per centum of the premiums
collected from the sale of such health insurance be returned in
the form of benefits provided under such health insurance, as
specified by the Secretary in regulations;
(2) limit the exclusions of preexisting conditions in
accordance with regulations prescribed by the Secretary;
(3) provide that policies of such health insurance be
written in simplified language which can be understood by
purchasers, as specified in regulations prescribed by the
Secretary;
(4) prohibit the sale of such health insurance if such
health insurance duplicates the coverage provided under the
Medicare Program, except that such a sale may be made if the
purchaser signs a written statement expressing his knowledge of
the duplicative coverage, as specified in regulations
prescribed by the Secretary; and
(5) are in accordance with disclosure provisions, specified
in regulations, which the Secretary determines necessary to
protect purchasers of such insurance, including, but not
limited to, provisions which require a simplified written
statement, to all prospective purchasers, of--
(A) the percentage of premiums collected for such
health insurance which is returned in the form of
benefits;
(B) the name and address of the agent who sold the
policy and a toll free telephone number of the
insurance company;
(C) general information which briefly, simply, and
adequately explains the premiums, benefits,
renewability, coverage, deductibles, coinsurance
charges, and other matters; and
(D) general information which briefly, simply, and
adequately explains the specific matters covered by the
insurance which are not covered under the Medicare
Program.
(b) The Secretary shall issue final regulations referred to in
subsection (a) no later than one hundred and eighty days after the date
of enactment of this Act.
(c) The Secretary shall approve or disapprove any plan submitted
pursuant to subsection (a) no later than ninety days after such
submission.
(d)(1) In the case of any State whose plan is disapproved under
subsection (c), the Secretary shall return such plan to the State with
a detailed explanation of the reasons for such disapproval. The State
may submit a new plan within thirty days after receiving such
explanation, and the Secretary shall approve or disapprove such plan no
later than thirty days after such submission.
(2) If the Secretary disapproves a new plan submitted in accordance
with the second sentence of paragraph (1) of this subsection, such
disapproval shall be subject to judicial review in the United States
court of appeals for the circuit in which the State is located or in
the United States Court of Appeals for the District of Columbia
Circuit. Any such review shall be instituted only by the State involved
and shall be commenced within sixty days after the date on which the
disapproval was issued. The provisions of subsection (f) shall apply
and shall not be stayed pending any such review.
(e)(1) The Secretary shall conduct oversight activities in each
State in which a plan is approved for the purpose of assuring that such
plan is carried out in each such State. Each State shall submit an
annual report to the Secretary containing a detailed account of the
operation of the plan in the State during the previous year. Such
report shall be in such form and contain such information as is
specified by the Secretary in regulations.
(2) No change may be made in a plan by any State unless approved by
the Secretary before the effective date of such change.
(3) In any case in which the Secretary finds that a State, which
has an approved plan, is not carrying out such plan, the Secretary
shall notify the State of such finding and provide the State with
detailed information about the basis of such finding. The Secretary
shall provide the State with an opportunity to correct any problems
specified by the Secretary or to present evidence that such problems do
not exist. After a reasonable time for allowing for corrections of the
problems or for submission of evidence that such problems do not exist,
the Secretary shall make a final determination that an approved plan is
or is not being carried out in the State. If the Secretary determines
that such a plan is not being carried out in the State, the provisions
of subsection (f) shall apply with respect to the State. A final
determination by the Secretary that a State plan is not being carried
out in any State shall be subject to judicial review under the
conditions described in subsection (d)(2).
(f) In any case in which--
(1) a State does not submit a plan under subsection (a);
(2) the Secretary fails to approve a plan submitted by a
State after giving such State an opportunity to submit a new
plan under subsection (d); or
(3) the Secretary makes a final determination under
paragraph (3) of subsection (e) that an approved plan is not
being carried out in such State;
the Secretary shall implement, as soon as practicable, a plan in such
State which carries out the minimum standards described in subsection
(a) with respect to the sale of health insurance for the elderly. The
Secretary shall implement such plan in such State until the Secretary
determines that such State will carry out the plan. The Secretary may
prescribe any regulations that are necessary to implement and
administer such plan in any State.
(g) Any provision of State law which would prevent the
establishment and implementation in that State of a plan implementing
the minimum standards described in subsection (a) is preempted by the
provisions of this Act.
definitions
Sec. 4. For purposes of section 3--
(1) the term ``health insurance for the elderly'' means
health insurance (as specified in regulations prescribed by the
Secretary) sold to persons who, at the time of such sale, are
(A) aged sixty-five or older, or (B) receiving benefits under
the Medicare Program;
(2) the term ``Medicare Program'' means the health
insurance program for the aged and disabled established by
title XVIII of the Social Security Act;
(3) the term ``Secretary'' means the Secretary of Health
and Human Services; and
(4) the term ``State'' means each of the fifty States of
the United States and the District of Columbia.
studies
Sec. 5. Section 1875 of the Social Security Act is amended by
adding the following new subsections at the end thereof:
``(c) The Secretary shall conduct a study for the purpose of making
recommendations to the Congress with respect to a uniform approach to
the regulation of all private health insurance which is offered for
sale to the aged and disabled. Such study shall include, but not be
limited to, an examination of the following matters--
``(1) minimum loss ratios;
``(2) uniform exclusions of pre-existing conditions;
``(3) the various means of differentiating categories of
coverage for purchasers of such health insurance;
``(4) the effectiveness of labels, numerical ratings, or
disclosure information in assisting the aged and disabled to
compare policies;
``(5) whether the sale of dread disease and other indemnity
policies should be banned or limited;
``(6) whether agents' commissions for selling such health
insurance should be limited;
``(7) methods of eliminating misconduct by agents in
selling policies;
``(8) the need for and costs of individualized health
insurance counseling for the aged and disabled;
``(9) whether claims handling requirements should be
imposed;
``(10) whether the sale of overlapping and/or duplicative
coverage should be banned; and
``(11) whether policy standardization is necessary to
promote competition.
The Secretary shall, no later than two years after the date of
enactment of this subsection, transmit a report to the Congress
containing the findings and recommendations of such study and proposed
legislation concerning a comprehensive approach to the regulation of
such health insurance.
``(d) The Secretary shall conduct a study for the purpose of making
recommendations to the Congress with respect to the feasibility of
health insurance coverage under this title in addition to the coverage
provided under parts A and B. Such study shall include, but not be
limited to, an examination of the following matters--
``(1) the need for such additional coverage;
``(2) eligibility requirements;
``(3) alternative approaches to providing such additional
coverage;
``(4) cost estimates of the alternative approaches, taking
into consideration the different coinsurance and deductible
requirements, coverage provisions, and eligibility standards of
each approach; and
``(5) alternative methods of financing such additional
coverage.
The Secretary shall, no later than two years after the date of
enactment of this subsection, transmit a report to the Congress
containing the findings and recommendations of such study.''. | Senior Citizens Health Insurance Standards Act of 1993 - Directs each State to submit to the Secretary of Health and Human Services a plan specifying certain minimum standards applicable to the sale of health insurance to the elderly.
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary to conduct studies for the purposes of making recommendations to the Congress concerning: (1) a uniform approach for regulating all private health insurance sold to the aged and disabled; and (2) the feasibility of additional health insurance coverage under Medicare. | {"src": "billsum_train", "title": "Senior Citizens Health Insurance Standards Act of 1993"} | 2,134 | 110 | 0.526127 | 1.389849 | 0.576704 | 2.960784 | 21.77451 | 0.960784 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Handgun Registration Act of 1993''.
SEC. 2. FEDERAL HANDGUN REGISTRATION SYSTEM TO APPLY IN ALL STATES NOT
ESTABLISHING STATE HANDGUN REGISTRATION SYSTEM THAT MEETS
CERTAIN REQUIREMENTS.
(a) In General.--Beginning 2 years after the date of the enactment
of this Act, the Federal handgun registration system to be established
by the Attorney General under section 3(a) and the amendment made by
section 3(b) shall apply in any State during any period in which the
Attorney General finds, after opportunity for a hearing on the record,
that such State is not complying substantially with the requirements of
subsection (b) of this section.
(b) Requirements of State Handgun Registration System.--The
requirements of this subsection are as follows:
(1) Registration requirement.--State law must require each
individual who owns, possesses, or controls a handgun in the
State to register such handgun--
(A) in the case of handguns owned, possessed, or
controlled on or before the effective date of the State
law--
(i) with a State law enforcement agency;
and
(ii) within 90 days after such effective
date; and
(B) in the case of handguns owned, possessed, or
controlled after such effective date--
(i) with the licensed dealer (as defined in
section 921(a)(11) of title 18, United States
Code) from whom such handgun was last
purchased; and
(ii) at the time the handgun is first
owned, possessed, or controlled by the
individual.
(2) Imposition of penalties for violations.--State law must
impose the following penalties for knowing violation of the
registration requirement specified in paragraph (1):
(A) Non-serious violations.--In the case of a
violation which is not a serious violation, the
violator shall be imprisoned not less than 1 year.
(B) Serious violations.--In the case of a violation
which is a serious violation, the violator shall be
imprisoned not less than 12 years.
(3) Definition of serious violation.--State law must define
a serious violation of the registration requirement specified
in paragraph (1) to be any violation with respect to which 2 or
more of the following conditions are satisfied:
(A) Multiple unregistered handguns.--The violation
consists of the violator possessing, owning, or
controlling 2 or more unregistered handguns.
(B) Unregistered handgun is of high caliber.--The
caliber of any handgun which is the subject of the
violation is greater than 0.22.
(C) Violator has previous felony or firearms
conviction.--The violator has been previously convicted
of a felony, or of a violation of any Federal or State
law relating to firearms.
(D) Unregistered handgun readily accessible to
violator.--Any handgun which is the subject of the
violation was readily accessible to the violator at the
time of the violation.
(4) Easily retrievable record of handguns.--State law must
require the State to maintain an easily retrievable record
identifying--
(A) each individual who--
(i) resides, or regularly or frequently
appears, in the State; and
(ii) possesses, owns, or controls a
handgun; and
(B) such handgun.
SEC. 3. FEDERAL HANDGUN REGISTRATION SYSTEM.
(a) Establishment.--The Attorney General shall establish a Federal
handgun registration system which contains, in an easily retrievable
record, information sufficient to identify--
(1) each resident of each State to which this subsection
applies who owns, possesses, or controls a handgun; and
(2) such handgun.
(b) Handgun Registration Requirement.--Chapter 44 of title 18,
United States Code, is amended by adding at the end the following:
``Sec. 931. Registration of handguns
``(a) Each individual who owns, possesses, or controls a handgun in
any State to which this section applies by reason of section 2(a) of
the Handgun Registration Act of 1993 shall register such handgun--
``(1) in the case of handguns owned, possessed, or
controlled on or before the effective date of this section--
``(A) with a Federal, State, or local law
enforcement agency or the licensed dealer, if any, from
whom such handgun was last purchased; and
``(B) within 90 days after such effective date; and
``(2) in the case of handguns owned, possessed, or
controlled after such effective date--
``(A) with the licensed dealer from whom such
handgun was last purchased; and
``(B) at the time the handgun is first owned,
possessed, or controlled by the individual.
``(b) Whoever knowingly violates subsection (a) shall be fined not
more than $250,000, imprisoned not less than 15 years, or both. The
court shall not suspend a sentence of imprisonment imposed for an
offense under this section, and shall not impose a probationary
sentence for an offense under this section.
``(c) As used in subsection (a):
``(1) The term `handgun' means a pistol or revolver
originally designed to be fired by the use of a single hand and
which is designed to fire or capable of firing fixed cartridge
ammunition, and any other firearm originally designed to be
fired by the use of a single hand.
``(2) The term `State' includes the District of Columbia
and the territories and possessions of the United States.''.
(c) Effective Date.--The amendment made by subsection (b) shall
apply to conduct engaged in 2 or more years after the date of the
enactment of this Act.
SEC. 4. TERMINATION OF CERTAIN FEDERAL ASSISTANCE.
The Attorney General shall order the termination of all assistance
under each of parts D, E, and G of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 to each State, and each recipient in such
State, during any period in which the Federal handgun registration
system established under section 3(a) of this Act applies to such
State.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Handgun.--The term ``handgun'' means a pistol or
revolver originally designed to be fired by the use of a single
hand and which is designed to fire or capable of firing fixed
cartridge ammunition, and any other firearm (as defined in
section 921(a)(3) of title 18, United States Code) originally
designed to be fired by the use of a single hand.
(2) State.--The term ``State'' includes the District of
Columbia and the territories and possessions of the United
States. | Handgun Registration Act of 1993 - Directs the Attorney General to establish a Federal handgun registration system, to include penalties of fines and imprisonment, which shall apply in any State during a period in which the Attorney General finds that the State does not require: (1) an individual who owns, possesses, or controls a handgun to register with either a State law enforcement agency (in the case of handguns so controlled before the effective date of such a State law) or with a licensed dealer (in the case of handguns so controlled after that date); (2) imposition of specified penalties for registration requirement violations; and (3) maintenance of easily retrievable records identifying both (a) each individual residing or regularly appearing in the State who possesses, owns, or controls a handgun; and (b) the handgun.
Requires the Attorney General to terminate specified law enforcement assistance under the Omnibus Crime Control and Safe Streets Act of 1968 to each State, and each recipient in the State, during a period in which the system established by this Act applies to the State. | {"src": "billsum_train", "title": "Handgun Registration Act of 1993"} | 1,566 | 234 | 0.645166 | 1.777145 | 0.911213 | 3.975962 | 6.548077 | 0.927885 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Service Flexible Partnerships
Act of 2017''.
SEC. 2. AUTHORIZATION FOR LEASE OF FOREST SERVICE SITES.
(a) Definitions.--In this Act:
(1) Administrative site.--
(A) In general.--The term ``administrative site''
means--
(i) any facility or improvement, including
curtilage, that was acquired or is used
specifically for purposes of administration of
the National Forest System;
(ii) any Federal land that--
(I) is associated with a facility
or improvement described in clause (i)
that was acquired or is used
specifically for purposes of
administration of Forest Service
activities; and
(II) underlies or abuts the
facility or improvement; and
(iii) for each fiscal year, not more than
10 isolated, undeveloped parcels of not more
than 40 acres each.
(B) Exclusions.--The term ``administrative site''
does not include--
(i) any land within a unit of the National
Forest System that is exclusively designated
for natural area or recreational purposes;
(ii) any land within--
(I) a component of the National
Wilderness Preservation System;
(II) a component of the National
Wild and Scenic Rivers System; or
(III) a National Monument; or
(iii) any Federal land that the Secretary
determines--
(I) is needed for resource
management purposes or to provide
access to other land or water; or
(II) would be in the public
interest not to lease.
(2) Facility or improvement.--The term ``facility or
improvement'' includes--
(A) a forest headquarters;
(B) a ranger station;
(C) a research station or laboratory;
(D) a dwelling;
(E) a warehouse;
(F) a scaling station;
(G) a fire-retardant mixing station;
(H) a fire-lookout station;
(I) a guard station;
(J) a storage facility;
(K) a telecommunication facility; and
(L) any other administrative installation for
conducting Forest Service activities.
(3) Market analysis.--The term ``market analysis'' means
the identification and study of the market for a particular
economic good or service.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Authorization.--The Secretary may lease an administrative site
that is under the jurisdiction of the Secretary in accordance with this
Act.
(c) Identification of Eligible Sites.--A regional forester, in
consultation with forest supervisors in the region, may submit to the
Secretary a recommendation for administrative sites in the region that
the regional forester considers eligible for leasing under this Act.
(d) Consultation With Local Government and Public Notice.--Before
making an administrative site available for lease under this Act, the
Secretary shall--
(1) consult with local governmental officials of the
community, and governmental officials of the State, in which
the administrative site is located; and
(2) provide public notice of the proposed lease.
(e) Lease Requirements.--
(1) Size.--An administrative site or compound of
administrative sites under a single lease under this Act may
not exceed 40 acres.
(2) Configuration of administrative sites.--
(A) In general.--To facilitate the lease of an
administrative site under this Act, the Secretary may
configure the administrative site--
(i) to maximize the marketability of the
administrative site; and
(ii) to achieve management objectives.
(B) Separate treatment of facility or
improvement.--A facility or improvement on an
administrative site to be leased under this Act may be
severed from the land and leased under a separate lease
under this Act.
(3) Consideration.--
(A) In general.--A person to which a lease of an
administrative site is made under this Act shall
provide to the Secretary consideration described in
subparagraph (B) in an amount that is not less than the
market value of the administrative site, as determined
in accordance with subparagraph (C).
(B) Form of consideration.--The consideration
referred to in subparagraph (A) may be--
(i) cash;
(ii) in-kind, including--
(I) the construction of new
facilities or improvements, title to
which the lessee transfers to the
Secretary, for use by the Secretary;
(II) the maintenance, repair,
improvement, or restoration of existing
facilities or improvements; and
(III) other services relating to
activities that occur on the
administrative site as the Secretary
considers appropriate; or
(iii) any combination of the consideration
described in clauses (i) and (ii).
(C) Determination of market value.--
(i) In general.--The Secretary shall
determine the market value of an administrative
site to be leased under this Act--
(I) by conducting an appraisal in
accordance with--
(aa) the Uniform Appraisal
Standards for Federal Land
Acquisitions established in
accordance with the Uniform
Relocation Assistance and Real
Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et
seq.); and
(bb) the Uniform Standards
of Professional Appraisal
Practice; or
(II) by competitive lease.
(ii) In-kind consideration.--The Secretary
shall determine the market value of any in-kind
consideration under subparagraph (B)(ii) by a
process determined by the Secretary to be
appropriate for the form of the in-kind
consideration.
(4) Conditions.--The lease of an administrative site under
this Act shall be subject to such conditions, including
bonding, as the Secretary determines to be appropriate.
(f) Relation to Other Laws.--
(1) Federal property disposal.--Chapter 5 of subtitle I of
title 40, United States Code, shall not apply to the lease of
an administrative site under this Act.
(2) Lead-based paint and asbestos abatement.--
(A) In general.--Notwithstanding any provision of
law relating to the mitigation or abatement of lead-
based paint or asbestos-containing building materials,
the Secretary shall not be required to mitigate or
abate lead-based paint or asbestos-containing building
materials with respect to an administrative site to be
leased under this Act.
(B) Procedures.--With respect to an administrative
site to be leased under this Act that has lead-based
paint or asbestos-containing building materials, the
Secretary shall--
(i) provide notice to the person to which
the administrative site will be leased of the
presence of the lead-based paint or asbestos-
containing building material; and
(ii) obtain written assurance from that
person that the person will comply with
applicable Federal, State, and local laws
relating to the management of lead-based paint
and asbestos-containing building materials.
(3) Environmental review.--The National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to the
lease of an administrative site under this Act, except that, in
any environmental review or analysis required under that Act
for the lease of an administrative site under this Act, the
Secretary shall be required only--
(A) to analyze the most reasonably foreseeable use
of the administrative site, as determined through a
market analysis;
(B) to determine whether to include any conditions
under subsection (e)(4); and
(C) to evaluate the alternative of not leasing the
administrative site in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(g) Use of Consideration.--Cash consideration for a lease of an
administrative site under this Act shall be available to the Secretary,
until expended and without further appropriation, to pay--
(1) any necessary and incidental costs incurred by the
Secretary in connection with--
(A) the acquisition, improvement, maintenance,
reconstruction, or construction of a facility or
improvement for the National Forest System; and
(B) the lease of an administrative site under this
Act; and
(2) reasonable commissions or fees for brokerage services
obtained in connection with the lease, subject to the
conditions that the Secretary--
(A) determines that the services are in the public
interest; and
(B) shall provide public notice of any brokerage
services contract entered into in connection with a
lease under this Act.
(h) Congressional Notifications.--
(1) Anticipated use of authority.--As part of the annual
budget justification documents provided to the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate, the Secretary shall
include--
(A) a list of the anticipated leases to be made,
including the anticipated revenue that may be obtained,
under this Act;
(B) a description of the intended use of any
revenue obtained under a lease under this Act,
including a list of any projects that cost more than
$500,000; and
(C) a description of accomplishments during
previous years using the authority of the Secretary
under this Act.
(2) Changes to lease list.--If the Secretary desires to
lease an administrative site under this Act that is not
included on a list provided under paragraph (1)(A), the
Secretary shall submit to the congressional committees
described in paragraph (3) a notice of the proposed lease,
including the anticipated revenue that may be obtained from the
lease.
(3) Use of authority.--Not less frequently than once each
year, the Secretary shall submit to the Committee on
Agriculture, the Committee on Appropriations, and the Committee
on Natural Resources of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry, the
Committee on Appropriations, and the Committee on Energy and
Natural Resources of the Senate a report describing each lease
made by the Secretary under this Act during the period covered
by the report.
(i) Expiration of Authority.--
(1) In general.--The authority of the Secretary to enter
into a lease agreement for an administrative site under this
Act expires on September 30, 2027.
(2) Effect on lease agreement.--Any lease agreement entered
into by the Secretary under this Act before the date of the
expiration of authority under paragraph (1) shall not be
affected by that expiration of authority. | Forest Service Flexible Partnerships Act of 2017 This bill authorizes the Department of Agriculture (USDA) to lease as an administrative site, for consideration that is at least the market value of the site: any facility or improvement that was acquired or is used for the administration of the National Forest System (NFS); any federal land associated with such a facility or improvement that was acquired or is used for the administration of Forest Service activities and underlies or abuts such facility or improvement; or per fiscal year, no more than 10 isolated, undeveloped parcels no larger than 40 acres each. The bill makes the National Environmental Policy Act of 1969 applicable to the leasing of administrative sites, subject to an exception. Cash consideration for an administrative site shall be available to USDA to pay: necessary and incidental costs incurred in acquiring, improving, maintaining, reconstructing, or constructing a facility or improvement for the NFS and the lease of such site; and reasonable commissions or fees for brokerage services obtained regarding the lease. | {"src": "billsum_train", "title": "Forest Service Flexible Partnerships Act of 2017"} | 2,257 | 210 | 0.617903 | 1.674108 | 0.908737 | 2.720812 | 10.715736 | 0.852792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Employer-Employee
Cooperation Act of 2003''.
SEC. 2. DECLARATION OF PURPOSE AND POLICY.
The Congress declares that the following is the policy of the
United States:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communication, bilateral
consensual problem solving, and shared accountability. Labor-
management cooperation fully utilizes the strengths of both
parties to best serve the interests of the public, operating as
a team, to carry out the public safety mission in a quality
work environment. In many public safety agencies it is the
union that provides the institutional stability as elected
leaders and appointees come and go.
(2) The Federal Government needs to encourage conciliation,
mediation, and voluntary arbitration to aid and encourage
employers and their employees to reach and maintain agreements
concerning rates of pay, hours, and working conditions, and to
make all reasonable efforts through negotiations to settle
their differences by mutual agreement reached through
collective bargaining or by such methods as may be provided for
in any applicable agreement for the settlement of disputes.
(3) The absence of adequate cooperation between public
safety employers and employees has implications for the
security of employees and can affect interstate and intrastate
commerce. The lack of such labor-management cooperation can
detrimentally impact the upgrading of police and fire services
of local communities, the health and well-being of public
safety officers, and the morale of the fire and police
departments. Additionally, these factors could have significant
commercial repercussions. Moreover, providing minimal standards
for collective bargaining negotiations in the public safety
sector can prevent industrial strife between labor and
management that interferes with the normal flow of commerce.
SEC. 3. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Federal
Labor Relations Authority.
(2) Emergency medical services personnel.--The term
``emergency medical services personnel'' means an individual
who provides out-of-hospital emergency medical care, including
an emergency medical technician, paramedic, or first responder.
(3) Employer; public safety agency.--The terms ``employer''
and ``public safety agency'' mean any State, political
subdivision of a State, the District of Columbia, or any
territory or possession of the United States that employs
public safety officers.
(4) Firefighter.--The term ``firefighter'' has the meaning
given the term ``employee engaged in fire protection
activities'' in section 3(y) of the Fair Labor Standards Act
(29 U.S.C. 203(y)).
(5) Labor organization.--The term ``labor organization''
means an organization composed in whole or in part of
employees, in which employees participate, and which represents
such employees before public safety agencies concerning
grievances, conditions of employment and related matters.
(6) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given such term in section 1204(5) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b(5)).
(7) Management employee.--The term ``management employee''
has the meaning given such term under applicable State law in
effect on the date of enactment of this Act. If no such State
law is in effect, the term means an individual employed by a
public safety employer in a position that requires or
authorizes the individual to formulate, determine, or influence
the policies of the employer.
(8) Public safety officer.--The term ``public safety
officer''--
(A) means an employee of a public safety agency who
is a law enforcement officer, a firefighter, or an
emergency medical services personnel;
(B) includes an individual who is temporarily
transferred to a supervisory or management position;
and
(C) does not include a permanent supervisory or
management employee.
(9) Substantially provides.--The term ``substantially
provides'' means compliance with the essential requirements of
this Act, specifically, the right to form and join a labor
organization, the right to bargain over wages, hours, and
conditions of employment, the right to sign an enforceable
contract, and availability of some form of mechanism to break
an impasse, such as arbitration, mediation, or fact finding.
(10) Supervisory employee.--The term ``supervisory
employee'' has the meaning given such term under applicable
State law in effect on the date of enactment of this Act. If no
such State law is in effect, the term means an individual, employed by
a public safety employer, who--
(A) has the authority in the interest of the
employer to hire, direct, assign, promote, reward,
transfer, furlough, lay off, recall, suspend,
discipline, or remove public safety officers, to adjust
their grievances, or to effectively recommend such
action, if the exercise of the authority is not merely
routine or clerical in nature but requires the
consistent exercise of independent judgment; and
(B) devotes a majority of time at work exercising
such authority.
SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.
(a) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Authority shall make a determination
as to whether a State substantially provides for the rights and
responsibilities described in subsection (b). In making such
determinations, the Authority shall consider and give weight,
to the maximum extent practicable, to the opinion of affected
parties.
(2) Subsequent determinations.--
(A) In general.--A determination made pursuant to
paragraph (1) shall remain in effect unless and until
the Authority issues a subsequent determination, in
accordance with the procedures set forth in
subparagraph (B).
(B) Procedures for subsequent determinations.--Upon
establishing that a material change in State law or its
interpretation has occurred, an employer or a labor
organization may submit a written request for a
subsequent determination. If satisfied that a material
change in State law or its interpretation has occurred,
the Director shall issue a subsequent determination not
later than 30 days after receipt of such request.
(3) Judicial review.--Any State, political subdivision of a
State, or person aggrieved by a determination of the Authority
under this section may, during the 60 day period beginning on
the date on which the determination was made, petition any
United States Court of Appeals in the circuit in which the
person resides or transacts business or in the District of
Columbia circuit, for judicial review. In any judicial review
of a determination by the Authority, the procedures contained
in subsections (c) and (d) of section 7123 of title 5, United
States Code, shall be followed, except that any final
determination of the Authority with respect to questions of
fact or law shall be found to be conclusive unless the court
determines that the Authority's decision was arbitrary and
capricious.
(b) Rights and Responsibilities.--In making a determination
described in subsection (a), the Authority shall consider whether State
law provides rights and responsibilities comparable to or greater than
the following:
(1) Granting public safety officers the right to form and
join a labor organization, which may exclude management and
supervisory employees, that is, or seeks to be, recognized as
the exclusive bargaining representative of such employees.
(2) Requiring public safety employers to recognize the
employees' labor organization (freely chosen by a majority of
the employees), to agree to bargain with the labor
organization, and to commit any agreements to writing in a
contract or memorandum of understanding.
(3) Permitting bargaining over hours, wages, and terms and
conditions of employment.
(4) Requiring an interest impasse resolution mechanism,
such as fact-finding, mediation, arbitration or comparable
procedures.
(5) Requiring enforcement through State courts of--
(A) all rights, responsibilities, and protections
provided by State law and enumerated in this section;
and
(B) any written contract or memorandum of
understanding.
(c) Failure To Meet Requirements.--
(1) In general.--If the Authority determines, acting
pursuant to its authority under subsection (a), that a State
does not substantially provide for the rights and
responsibilities described in subsection (b), such State shall
be subject to the regulations and procedures described in
section 5.
(2) Effective date.--Paragraph (1) shall take effect on the
date that is 2 years after the date of enactment of this Act.
SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Authority shall issue regulations in accordance with
the rights and responsibilities described in section 4(b) establishing
collective bargaining procedures for public safety employers and
officers in States which the Authority has determined, acting pursuant
to its authority under section 4(a), do not substantially provide for
such rights and responsibilities.
(b) Role of the Federal Labor Relations Authority.--The Authority,
to the extent provided in this Act and in accordance with regulations
prescribed by the Authority, shall--
(1) determine the appropriateness of units for labor
organization representation;
(2) supervise or conduct elections to determine whether a
labor organization has been selected as an exclusive
representative by a majority of the employees in an appropriate
unit;
(3) resolve issues relating to the duty to bargain in good
faith;
(4) conduct hearings and resolve complaints of unfair labor
practices;
(5) resolve exceptions to the awards of arbitrators;
(6) protect the right of each employee to form, join, or
assist any labor organization, or to refrain from any such
activity, freely and without fear of penalty or reprisal, and
protect each employee in the exercise of such right; and
(7) take such other actions as are necessary and
appropriate to effectively administer this Act, including
issuing subpoenas requiring the attendance and testimony of
witnesses and the production of documentary or other evidence
from any place in the United States, and administering oaths,
taking or ordering the taking of depositions, ordering
responses to written interrogatories, and receiving and
examining witnesses.
(c) Enforcement.--
(1) Authority to petition court.--The Authority may
petition any United States Court of Appeals with jurisdiction
over the parties, or the United States Court of Appeals for the
District of Columbia Circuit, to enforce any final orders under
this section, and for appropriate temporary relief or a
restraining order. Any petition under this section shall be
conducted in accordance with subsections (c) and (d) of section
7123 of title 5, United States Code, except that any final
order of the Authority with respect to questions of fact or law
shall be found to be conclusive unless the court determines
that the Authority's decision was arbitrary and capricious.
(2) Private right of action.--Unless the Authority has
filed a petition for enforcement as provided in paragraph (1),
any party has the right to file suit in a State court of
competent jurisdiction to enforce compliance with the
regulations issued by the Authority pursuant to subsection (b),
and to enforce compliance with any order issued by the
Authority pursuant to this section. The right provided by this
subsection to bring a suit to enforce compliance with any order
issued by the Authority pursuant to this section shall
terminate upon the filing of a petition seeking the same relief
by the Authority.
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.
A public safety employer, officer, or labor organization may not
engage in a lockout, sickout, work slowdown, or strike or engage in any
other action that is designed to compel an employer, officer, or labor
organization to agree to the terms of a proposed contract and that will
measurably disrupt the delivery of emergency services, except that it
shall not be a violation of this section for an employer, officer, or
labor organization to refuse to provide services not required by the
terms and conditions of an existing contract.
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.
A certification, recognition, election-held, collective bargaining
agreement or memorandum of understanding which has been issued,
approved, or ratified by any public employee relations board or
commission or by any State or political subdivision or its agents
(management officials) in effect on the day before the date of
enactment of this Act shall not be invalidated by the enactment of this
Act.
SEC. 8. CONSTRUCTION AND COMPLIANCE.
(a) Construction.--Nothing in this Act shall be construed--
(1) to invalidate or limit the remedies, rights, and
procedures of any law of any State or political subdivision of
any State or jurisdiction that provides collective bargaining
rights for public safety officers that are equal to or greater
than the rights provided under this Act;
(2) to prevent a State from enforcing a right-to-work law
that prohibits employers and labor organizations from
negotiating provisions in a labor agreement that require union
membership or payment of union fees as a condition of
employment;
(3) to invalidate any State law in effect on the date of
enactment of this Act that substantially provides for the
rights and responsibilities described in section 4(b) solely
because such State law permits an employee to appear on his or
her own behalf with respect to his or her employment relations
with the public safety agency involved; or
(4) to permit parties subject to the National Labor
Relations Act (29 U.S.C. 151 et seq.) and the regulations under
such Act to negotiate provisions that would prohibit an
employee from engaging in part-time employment or volunteer
activities during off-duty hours; or
(5) to prohibit a State from exempting from coverage under
this Act a political subdivision of the State that has a
population of less than 5,000 or that employs less than 25 full
time employees.
For purposes of paragraph (5), the term ``employee'' includes each and
every individual employed by the political subdivision except any
individual elected by popular vote or appointed to serve on a board or
commission.
(b) Compliance.--No State shall preempt laws or ordinances of any
of its political subdivisions if such laws provide collective
bargaining rights for public safety officers that are equal to or
greater than the rights provided under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | Public Safety Employer-Employee Cooperation Act of 2003 - Provides collective bargaining rights for public safety officers employed by States or local governments.
(Sec. 2) Sets forth a declaration of U.S. policy regarding the need for: (1) labor-management cooperation in public safety agencies; (2) encouraging conciliation, mediation, and voluntary arbitration to help public safety employers and employees reach and maintain agreements concerning pay rates, hours, and working conditions, and to negotiate to settle differences by mutual agreement reached though collective bargaining or other methods provided in an agreement for dispute settlement; and (3) providing minimal standards for collective bargaining negotiations in the public safety sector.
(Sec. 4) Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization. (Sec. 5) Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such public safety employee rights and responsibilities. Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts. (Sec. 6) Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes, or sick-outs, work slowdowns, or other actions designed to compel agreement to a proposed contract which will measurably disrupt the delivery of emergency services. (Sec. 7) Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. (Sec. 8) Provides that nothing in this Act shall be construed to: (1) invalidate or limit the remedies, rights, and procedures of any State or local law that provides collective bargaining rights for public safety officers that are equal to or greater than the rights provided under this Act; (2) prevent a State from enforcing a right-to-work law that prohibits employers and labor organizations from negotiating provisions in a labor agreement that require union membership or payment of union fees as a condition of employment; (3) invalidate any State law in effect on the date of enactment of this Act that substantially provides for the rights and responsibilities specified by this Act solely because such State law permits employees to appear on their own behalf with respect to their employment relations with the public safety agency involved; (4) permit parties subject to the National Labor Relations Act and its regulations to negotiate provisions that would prohibit an employee from engaging in part-time employment or volunteer activities during off-duty hours; or (5) prohibit a State from exempting from coverage under this Act a local government that serves a population of less than 5,000 or that employs less than 25 full-time employees (not including individuals elected by popular vote or appointed to serve on a board or commission). Prohibits any State from preempting local government laws or ordinances that provide collective bargaining rights for public safety officers that are equal to or greater than the rights provided under this Act. (Sec. 9) Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to provide collective bargaining rights for public safety officers employed by States or their political subdivisions."} | 3,201 | 833 | 0.636622 | 2.307328 | 0.694834 | 5.392713 | 4.026991 | 0.958165 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ban on Smoking in Federal Buildings
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) environmental tobacco smoke is a cause of lung cancer
in healthy nonsmokers and is responsible for acute and chronic
respiratory problems and other health impacts among sensitive
populations;
(2) environmental tobacco smoke comes from secondhand smoke
exhaled by smokers and sidestream smoke emitted from the
burning of cigarettes, cigars, and pipes;
(3) citizens of the United States spend up to 90 percent of
a day indoors and, consequently, there is a significant
potential for exposure to environmental tobacco smoke from
indoor air;
(4) exposure to environmental tobacco smoke occurs in
public buildings and other indoor facilities;
(5) the health risks posed by environmental tobacco smoke
exceed the risks posed by many environmental pollutants
regulated by the Environmental Protection Agency; and
(6) the Administrator of General Services, having broad
authority and longstanding experience with respect to the
acquisition and management (including restriction of smoking)
of space occupied by Federal employees, is particularly
qualified to issue regulations to institute and enforce a
prohibition on smoking in such space.
SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.
(a) Smoking Prohibition.--
(1) General rule.--On and after the 180th day after the
date of the enactment of this Act, smoking shall be prohibited
in any indoor portion of a Federal building, except in areas
designated pursuant to paragraph (2).
(2) Designation of smoking areas.--The head of a Federal
agency may permit smoking in a designated area of a Federal
building owned or leased for use by such agency if such area--
(A) is ventilated separately from other portions of
the Federal building;
(B) is ventilated using a method determined by the
Administrator of General Services to be at least as
effective as the method described in subparagraph (A);
or
(C) is ventilated in accordance with Federal indoor
air quality standards for environmental tobacco smoke,
if such standards are in effect.
(b) Enforcement.--
(1) Executive branch buildings.--
(A) In general.--The Administrator of General
Services shall issue regulations, and take such other
actions as may be necessary, to institute and enforce
the prohibition contained in subsection (a) as such
prohibition applies to Federal buildings owned or
leased for use by an Executive agency.
(B) Delegation.--The Administrator is authorized to
delegate, and to authorize the redelegation of, any
authority vested in the Administrator under
subparagraph (A) (except for the authority to issue
regulations) to any official of the General Services
Administration or to the head of any other Executive
agency.
(2) Judicial branch buildings.--The Director of the
Administrative Office of the United States Courts, after
consultation with the Administrator of General Services, shall
take such actions as may be necessary to institute and enforce
the prohibition contained in subsection (a) as such prohibition
applies to Federal buildings owned or leased for use by an
establishment in the judicial branch of the Government.
(3) Legislative branch buildings.--
(A) House of representatives.--The House Office
Building Commission shall take such actions as may be
necessary to institute and enforce the prohibition
contained in subsection (a) as such prohibition applies
to Federal buildings owned or leased for use by the
House of Representatives.
(B) Senate.--The Committee on Rules and
Administration of the Senate shall take such actions as
may be necessary to institute and enforce the
prohibition contained in subsection (a) as such
prohibition applies to Federal buildings owned or
leased for use by the Senate.
(C) Other establishments.--The Architect of the
Capitol shall take such actions as may be necessary to
institute and enforce the prohibition contained in
subsection (a) as such prohibition applies to Federal
buildings owned or leased for use by an establishment
in the legislative branch of the Government (other than
the House of Representatives and the Senate).
SEC. 4. REPORT.
Not later than 2 years after the date of the enactment of this Act,
the Administrator of General Services shall transmit to the Committees
on Public Works and Transportation and on Government Operations of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report containing--
(1) information concerning the degree of compliance with
this Act; and
(2) information on research and development conducted by
the Administrator on methods of ventilation which are at least
as effective as the method described in section 3(a)(2)(A).
SEC. 5. PREEMPTION.
Nothing in this Act is intended to preempt any provision of law of
a State or political subdivision of a State that is more restrictive
than a provision of this Act.
SEC. 6. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Executive agency.--The term ``Executive agency'' has
the same meaning such term has under section 105 of title 5,
United States Code.
(2) Federal agency.--The term ``Federal agency'' means any
Executive agency or any establishments in the legislative or
judicial branches of the Government.
(3) Federal building.--The term ``Federal building'' means
any building or other structure (or portion thereof) owned or
leased for use by a Federal agency; except that the term shall
not include any building or other structure on a military
installation, any health care facility under the jurisdiction
of the Secretary of Veterans Affairs, or any area of a building
that is used primarily as living quarters.
(4) Military installation.--The term ``military
installation'' means a base, camp, post, station, yard, center,
homeport facility for any ship, or other activity under the
jurisdiction of the Department of Defense, including any leased
facility. Such term does not include any facility used
primarily for civil works, rivers and harbors projects, or
flood control projects.
Passed the House of Representatives November 15, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Ban on Smoking in Federal Buildings Act - Prohibits smoking in buildings owned or leased for use by a Federal agency except in areas, as may be designated by agencies, that are ventilated: (1) separately from other portions of the building; (2) using a method determined by the Administrator of General Services to be at least as effective as such; or (3) in accordance with Federal indoor air quality standards for environmental tobacco smoke, if such standards are in effect.
Directs the Administrator of General Services (with respect to the executive branch), the Administrative Office of the United States Courts (with respect to the judicial branch), and the House Office Building Commission, the Committee on Rules and Administration of the Senate, and the Architect of the Capitol (with respect to the legislative branch) to take such actions as necessary to institute and enforce such prohibition.
Requires the Administrator to report to specified congressional committees with information concerning the degree of compliance with this Act and on research and development on methods of ventilation which are at least as effective as the method described in this Act.
Specifies that nothing in this Act is intended to preempt any provision of State or local law that is more restrictive than a provision of this Act. | {"src": "billsum_train", "title": "Ban on Smoking in Federal Buildings Act"} | 1,318 | 257 | 0.635483 | 1.851998 | 0.859944 | 4.497942 | 5.148148 | 0.958848 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renew America's Schools Act of
2017''.
SEC. 2. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE ENERGY
IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
consortium of--
(A) one local educational agency; and
(B) one or more--
(i) schools;
(ii) nonprofit organizations;
(iii) for-profit organizations; or
(iv) community partners that have the
knowledge and capacity to partner and assist
with energy improvements.
(2) Energy improvements.--The term ``energy improvements''
means--
(A) any improvement, repair, or renovation, to a
school that will result in a direct reduction in school
energy costs including but not limited to improvements
to building envelope, air conditioning, ventilation,
heating system, domestic hot water heating, compressed
air systems, distribution systems, lighting, power
systems and controls;
(B) any improvement, repair, renovation, or
installation that leads to an improvement in teacher
and student health including but not limited to indoor
air quality, daylighting, ventilation, electrical
lighting, and acoustics; and
(C) the installation of renewable energy
technologies (such as wind power, photovoltaics, solar
thermal systems, geothermal energy, hydrogen-fueled
systems, biomass-based systems, biofuels, anaerobic
digesters, and hydropower) involved in the improvement,
repair, or renovation to a school.
(b) Authority.--From amounts made available for grants under this
section, the Secretary of Energy shall provide competitive grants to
eligible entities to make energy improvements authorized by this
section.
(c) Priority.--In making grants under this subsection, the
Secretary shall give priority to eligible entities that have
renovation, repair, and improvement funding needs and are--
(1) a high-need local educational agency, as defined in
section 2102 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6602); or
(2) a local educational agency designated with a
metrocentric locale code of 41, 42, or 43 as determined by the
National Center for Education Statistics (NCES), in conjunction
with the Bureau of the Census, using the NCES system for
classifying local educational agencies.
(d) Competitive Criteria.--The competitive criteria used by the
Secretary shall include the following:
(1) The fiscal capacity of the eligible entity to meet the
needs for improvements of school facilities without assistance
under this section, including the ability of the eligible
entity to raise funds through the use of local bonding capacity
and otherwise.
(2) The likelihood that the local educational agency or
eligible entity will maintain, in good condition, any facility
whose improvement is assisted.
(3) The potential energy efficiency and safety benefits
from the proposed energy improvements.
(e) Applications.--To be eligible to receive a grant under this
section, an applicant must submit to the Secretary an application that
includes each of the following:
(1) A needs assessment of the current condition of the
school and facilities that are to receive the energy
improvements.
(2) A draft work plan of what the applicant hopes to
achieve at the school and a description of the energy
improvements to be carried out.
(3) A description of the applicant's capacity to provide
services and comprehensive support to make the energy
improvements.
(4) An assessment of the applicant's expected needs for
operation and maintenance training funds, and a plan for use of
those funds, if any.
(5) An assessment of the expected energy efficiency and
safety benefits of the energy improvements.
(6) A cost estimate of the proposed energy improvements.
(7) An identification of other resources that are available
to carry out the activities for which funds are requested under
this section, including the availability of utility programs
and public benefit funds.
(f) Use of Grant Amounts.--
(1) In general.--The recipient of a grant under this
section shall use the grant amounts only to make the energy
improvements contemplated in the application, subject to the
other provisions of this subsection.
(2) Operation and maintenance training.--The recipient may
use up to 5 percent for operation and maintenance training for
energy efficiency and renewable energy improvements (such as
maintenance staff and teacher training, education, and
preventative maintenance training).
(3) Audit.--The recipient may use funds for a third-party
investigation and analysis for energy improvements (such as
energy audits and existing building commissioning).
(4) Continuing education.--The recipient may use up to 1
percent of the grant amounts to develop a continuing education
curriculum relating to energy improvements.
(g) Contracting Requirements.--
(1) Davis-bacon.--Any laborer or mechanic employed by any
contractor or subcontractor in the performance of work on any
energy improvements funded by a grant under this section shall
be paid wages at rates not less than those prevailing on
similar construction in the locality as determined by the
Secretary of Labor under subchapter IV of chapter 31 of title
40, United States Code (commonly referred to as the Davis-Bacon
Act).
(2) Competition.--Each applicant that receives funds shall
ensure that, if the applicant carries out repair or renovation
through a contract, any such contract process--
(A) ensures the maximum number of qualified
bidders, including small, minority, and women-owned
businesses, through full and open competition; and
(B) gives priority to businesses located in, or
resources common to, the State or the geographical area
in which the project is carried out.
(h) Reporting.--Each recipient of a grant under this section shall
submit to the Secretary, at such time as the Secretary may require, a
report describing the use of such funds for energy improvements, the
estimated cost savings realized by those energy improvements, the
results of any audit, the use of any utility programs and public
benefit funds and the use of performance tracking for energy
improvements (such as the Department of Energy: Energy Star program or
LEED for Existing Buildings).
(i) Best Practices.--The Secretary shall develop and publish
guidelines and best practices for activities carried out under this
section.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2018 through 2023. | Renew America's Schools Act of 2017 This bill requires the Department of Energy to provide competitive grants for making energy improvements in schools. Specifically, grants may be awarded for: any improvement, repair, or renovation to a school that will result in a direct reduction in school energy costs; any improvement, repair, renovation, or installation that leads to an improvement in teacher and student health, such as indoor air quality; and the installation of renewable energy technologies (e.g., wind power) involved in the improvement, repair, or renovation to a school. | {"src": "billsum_train", "title": "Renew America\u2019s Schools Act of 2017"} | 1,391 | 117 | 0.613776 | 1.588844 | 0.580025 | 4.535714 | 11.848214 | 0.910714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ACO Improvement Act of 2014''.
SEC. 2. MEDICARE ACO PROGRAM IMPROVEMENTS.
(a) In General.--Section 1899 of the Social Security Act (42 U.S.C.
1395jjj) is amended by adding at the end the following new subsection:
``(l) Improving Outcomes Through Greater Beneficiary Engagement.--
``(1) Use of beneficiary incentives.--Subject to approval
of the Secretary and in the case of an ACO that has elected a
two-sided risk model (as provided for under regulations), the
Secretary shall permit the ACO--
``(A) to reduce or eliminate cost-sharing otherwise
applicable under part B for some or all primary care
services (as identified by the ACO) furnished by health
care professionals (including, as applicable,
professionals furnishing services through a rural
health clinic or Federally qualified health center)
within the network of the ACO; and
``(B) to develop additional incentive programs to
encourage patient engagement and participation in their
own wellness.
The cost of the such incentives shall be borne by the ACO and
shall not affect the payments under subsection (d).
``(2) Fostering stronger patient-provider ties.--
``(A) Providing prospective assignment of
beneficiaries.--
``(i) In general.--In carrying out
subsection (c), the Secretary shall provide for
a prospective assignment of Medicare fee-for-
service beneficiaries before the beginning of a
year to an ACO and primary care ACO
professional in accordance with the practice
under this section for Pioneer ACOs, subject to
clause (ii).
``(ii) Changing primary care aco
professionals.--An ACO shall permit a
beneficiary to select the primary care ACO
professional within the ACO to which the
beneficiary is assigned.
``(B) Inclusion of aco information in welcome to
medicare visit and annual wellness visits.--The
Secretary shall require a primary care ACO professional
to include, as part of the initial preventive physical
examination under section 1861(ww)(1) or personalized
prevention plan services under section 1861(hhh)(1) for
a Medicare fee-for-service beneficiary assigned to that
professional under this section, to provide the
beneficiary with information concerning the ACO program
under this section, including information on any cost-
sharing reductions allowed under this section.
``(C) Stakeholder advisory group.--The Secretary
shall form a stakeholder group, including
representatives of ACOs, health care providers
(including ACO professionals), Medicare beneficiaries,
and ACO experts, to advise the Secretary with
recommendations to improve the process of ACO-to-
beneficiary communication.
``(3) Moving from volume to value.--
``(A) Regulatory relief for moving to two-sided
risk.--In the case of an ACO that has elected a two-
sided risk model (as described in paragraph (1)), in
addition to the authority provided under paragraph (1),
the Secretary shall provide the following regulatory
relief:
``(i) 3-day prior hospitalization waiver
for snf services.--Waiver of the 3-day prior
hospitalization requirement for coverage of
skilled nursing facility services.
``(ii) Homebound requirement waiver for
home health services.--Waiver of the homebound
requirement for coverage of home health
services.
``(iii) RAC hospital audit relief.--Relief
from reviews of scheduled admissions by
recovery audit contractors for individuals
attributed to an ACO when admitted on orders of
a physician participating in the ACO.
``(B) Improving care coordination through access to
telehealth.--
``(i) Flexibility in furnishing telehealth
services.--In applying section 1834(m) in the
case of an ACO that has elected a two-sided
risk model (as described in paragraph (1)), the
ACO may elect to have the limitations on
originating site (under paragraph (4)(C) of
such section) and on the use of store-and-
forward technologies (under paragraph (1) of
such section) not apply. The previous sentence
shall not be construed as affecting the
authority of the Secretary under subsection (f)
to waive other provisions of such section.
``(ii) Provision of remote monitoring in
connection with home health services.--Nothing
in this section shall be construed as
preventing an ACO from including payments for
remote patient monitoring and home-based video
conferencing services in connection with the
provision of home health services (under
conditions for which payment for such services
would not be made under section 1895 for such
services) in a manner that is financially
equivalent to the furnishing of a home health
visit.
``(4) Establishing greater certainty for acos.--
``(A) Benchmarks and payments.--The Secretary shall
conduct a demonstration project to test the use of
payment benchmarks that take into account geographic
area differences, such as differences in spending
trends within and across regions, and variations in
delivery and utilization based on the socioeconomic
status of beneficiaries served.
``(B) Advance notification of acos of benchmarks
and past performance.--The Secretary shall inform ACOs,
in advance of each performance period, of the quality
benchmarks applicable to the ACO and period and of the
past performance (if any) of the ACO under this
section.
``(C) Study and report on feasibility on providing
electronic access to medicare claims data.--The
Secretary shall conduct a study regarding the
feasibility of establishing a system of electronic
access of providers of services and suppliers to in-
process and complete patient claims data. Such system
may be a modification of an existing data base, such as
the Virtual Research Data Center. The study shall take
into account the measures needed to ensure the security
and privacy of beneficiary and provider information.
Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to Congress a
report on such study. The Secretary shall include in
such report such recommendations as the Secretary deems
appropriate.''.
(b) Requiring Testing of Global Capitation Payment Model.--Section
1899(i) of the Social Security Act (42 U.S.C. 1395jjj(i)) is amended--
(1) in the heading, by striking ``Option to Use Other
Payment Models'' and inserting ``Alternative Payment Models'';
(2) in paragraph (1), by inserting before the period at the
end the following: ``except that the Secretary shall, beginning
no later than January 1, 2016, establish one or more
demonstration programs to test the payment model described in
paragraph (3)(A)''; and
(3) in paragraph (3)(A), by striking ``is any payment
model'' and inserting the following:
``(i) a global capitation model in which an ACO is
at financial risk for all items and services covered
under parts A and B; and
``(ii) any other payment model that the Secretary
determines will improve the quality and efficiency of
items and services furnished under this title.''.
(c) Assignment Taking Into Account Services of Non-Physician
Practitioners.--Section 1899(c) of the Social Security Act (42 U.S.C.
1395jjj(c)) is amended by inserting ``(or, in the case of an ACO that
is located in a rural or medically underserved area or that is
affiliated with a Federally qualified health center or rural health
clinic, an ACO professional described in subsection (h)(1)(B))'' after
``subsection (h)(1)(A)''.
(d) Creating Incentives for ACO Development.--The Secretary of
Health and Human Services shall develop a mechanism to make permanent
those ACO-related pilot programs, including the Advance Payment ACO
Model, that have been successful. The Secretary shall submit to
Congress a report on the study and shall include in the report such
recommendations, including such changes in legislation, as the
Secretary deems appropriate.
(e) Effective Date.--The amendments made by subsection (a) shall
apply to plan years beginning on or after January 1, 2016. | ACO Improvement Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act with respect to the shared savings program under which groups of service providers and suppliers meeting specified criteria may work together to manage and coordinate care for Medicare fee-for-service beneficiaries through an accountable care organization (ACO). Directs the Secretary of Health and Human Services (HHS) to permit an ACO that has elected a two-sided risk model to: (1) reduce or eliminate cost-sharing under Medicare part B (Supplementary Medical Insurance) for some or all primary care services furnished by health care professionals within the ACO network; and (2) develop additional incentive programs to encourage patient engagement and participation in their own wellness. Prescribes requirements for fostering stronger patient-provider ties. Directs the Secretary to require a primary care ACO professional to provide the beneficiary with information concerning the ACO program as part of the initial preventive physical examination of the beneficiary. Directs the Secretary to form a stakeholder group including representatives of ACOs, health care providers, Medicare beneficiaries, and ACO experts. Requires such parties to advise the Secretary with recommendations to improve the process of ACO-to-beneficiary communication. Prescribes requirements for regulatory relief for an ACO that has elected a two-sided risk model and for improving care coordinatiion through access to telehealth. Directs the Secretary to: (1) conduct a demonstration project to test the use of payment benchmarks that take into account geographic area differences, (2) study the feasibility of establishing a system of electronic access of service providers and suppliers to in-process and complete patient claims data, (3) establish one or more demonstration programs to test the global capitation payment model, and (4) develop a mechanism to make permanent those ACO-related pilot programs that have been successful. | {"src": "billsum_train", "title": "ACO Improvement Act of 2014"} | 1,826 | 406 | 0.691858 | 2.364281 | 0.818736 | 3.922636 | 4.687679 | 0.902579 |
SECTION 1. CONDITIONS ON LOAN GUARANTEES ISSUED TO STEEL COMPANIES.
Section 101(h) of the Emergency Steel Loan Guarantee Act of 1999
(Public Law 106-51) is amended by adding at the end the following:
``(5) Certain activities prohibited.--
``(A) Prohibited activities.--Any qualified steel
company to which a loan guarantee is issued under this
section may not, during the period the guarantee is in
effect--
``(i) contribute any of the proceeds of the
loan that is guaranteed to any facility located
outside the United States that is engaged in
the production or manufacture of any product
described in subsection (c)(3)(B) of this
section; or
``(ii) use any of the proceeds of the loan
that is guaranteed to import ingots, slabs, or
billets produced in any country if that country
is subject to trade remedies with respect to
any product described in subsection (c)(3)(B)
of this section.
``(B) Penalties for violations.--(i) The Board
shall terminate any guarantee issued under this section
to a qualified steel company that violates the
provisions of subparagraph (A), and shall assess a
civil penalty of not more than $100,000 for each
violation.
``(ii) Any civil penalty under clause (i) may be
imposed only after notice and opportunity for a hearing
on the record in accordance with sections 554 and 557
of title 5, United States Code.
``(C) Definitions.--In this paragraph--
``(i) a country is subject to trade
remedies with respect to any product described
in subsection (c)(3)(B) of this section if--
``(I) a countervailing duty order
or an antidumping order under title VII
of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.), or a finding under the
Antidumping Act, 1921, is in effect on
imports of any product described in
subsection (c)(3)(B) of this section
that is a product of that country;
``(II) the administering authority
or the International Trade Commission
is conducting an investigation or
making a determination under subtitle
A, B, or C of title VII of the Tariff
Act of 1930 with respect to any product
described in subsection (c)(3)(B) of
this section that is a product of that
country;
``(III) action taken by the
President under chapter 1 of title II
of the Trade Act of 1974 (19 U.S.C.
2251 et seq.), under section 406 of
that Act (19 U.S.C. 2436), under
chapter 2 of title IV of that Act (19
U.S.C. 2451 et seq.), or under part 1
of subtitle A of title III of the North
American Free Trade Agreement
Implementation Act (19 U.S.C. 3351 et
seq.), is in effect with respect to
imports of any product described in
subsection (c)(3)(B) of this section
that is a product of that country;
``(IV) a proceeding is pending
under chapter 1 of title II of the
Trade Act of 1974 (19 U.S.C. 2251 et
seq.), under section 406 of that Act
(19 U.S.C. 2436), under chapter 2 of
title IV of that Act (19 U.S.C. 2451 et
seq.), or under part 1 of subtitle A of
title III of the North American Free
Trade Agreement Implementation Act (19
U.S.C. 3351 et seq.), pursuant to a
determination by the International
Trade Commission of substantial injury
that was made pursuant to the filing of
a petition under section 202(a),
406(a)(1), 421(b), or 422(b) of the
Trade Act of 1974, or 302(a) of the
North American Free Trade Agreement
Implementation Act, with respect to any
product described in subsection
(c)(3)(B) of this section that is a
product of that country; or
``(V) a proceeding is pending under
chapter 1 of title II of the Trade Act
of 1974, under section 406 of that Act
(19 U.S.C. 2436), or under chapter 2 of
title IV of that Act, other than
pursuant to a petition, with respect to
any product described in subsection
(c)(3)(B) of this section that is a
product of that country; and
``(ii) the term `United States' includes
any commonwealth, territory, or possession of
the United States.''.
SEC. 2. EFFECTIVE DATE.
The amendment made by section 1 applies to--
(1) any loan guarantee issued on or after the date of the
enactment of this Act; and
(2) any loan guarantee issued before such date of
enactment, but only to the extent of any proceeds of the loan
remaining on such date. | Amends the Emergency Steel Loan Guarantee Act of 1999 to prohibit qualified steel companies that have been issued loan guarantees under such Act from: (1) contributing any of the proceeds of such a loan to any facility located outside the United States that is engaged in manufacture of certain steel mill products (including ingots, slabs, or billets); or (2) using any such proceeds to import ingots, slabs, or billets produced in any country subject to specified trade remedies with respect to such products. Sets forth civil penalties for violations of the requirements of this Act. | {"src": "billsum_train", "title": "To amend the Emergency Steel Loan Guarantee Act of 1999 to prohibit steel companies receiving loan guarantees from investing the loan proceeds in foreign steel companies and using the loan proceeds to import steel products from foreign countries that are subject to certain trade remedies."} | 1,097 | 117 | 0.574047 | 1.619462 | 0.527684 | 3.422018 | 9.009174 | 0.853211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Transparency Act of
2007''.
SEC. 2. DISCLOSURE OF BOOK-TAX DIFFERENCES TO SECURITIES AND EXCHANGE
COMMISSION.
(a) Disclosure for Enforcement Purposes.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 (relating to disclosure of
returns and return information for purposes other than tax
administration) is amended by adding at the end the following
new paragraph:
``(21) Disclosure of return information to securities and
exchange commission.--
``(A) In general.--The Secretary shall, upon
written request from the Commissioner of the Securities
and Exchange Commission, disclose to officers and
employees of the Securities and Exchange Commission
return information of specified public entities
relating to the reconciliation of financial income
statements reported to the Securities and Exchange
Commission (or to shareholders) with income tax
returns.
``(B) Restriction on use of disclosed
information.--Any officers and employees of the
Securities and Exchange Commission receiving return
information under subparagraph (A) shall use such
information only--
``(i) for the purposes of, and to the
extent necessary in, civil enforcement and
administration of the securities laws (as
defined in section 3 of the Securities and
Exchange Act of 1934), and
``(ii) for purposes of conducting the study
required under section 5(a) of the Corporate
Transparency Act of 2007.
``(C) Specified public entity.--For purposes of
this paragraph, the term `specified public entity'
means any entity--
``(i) issuing any class of securities
required to be registered under section 12 of
the Securities and Exchange Act of 1934, and
``(ii) which is required by the Secretary
to file schedule M-3.
In the case of an entity which is a member of an
affiliated group filing a consolidated return, the term
`specified public entity' means such group and not each
member thereof.''.
(2) Procedures and record keeping related to disclosure.--
Subsection (p)(4) of section 6103 of the Internal Revenue Code
of 1986 is amended--
(A) by striking ``(14), or (17)'' in the matter
before subparagraph (A) and inserting ``(14), (17), or
(21)'', and
(B) by striking ``(15), or (17)'' in subparagraph
(F)(ii) and inserting ``(15), (17), or (21)''.
(b) Effective Date.--The amendments made by this section shall
apply to requests made after the date of the enactment of this Act.
SEC. 3. PUBLIC DISCLOSURE OF CERTAIN CORPORATE BOOK-TAX DIFFERENCES.
(a) In General.--Subchapter B of chapter 61 of the Internal Revenue
Code of 1986 is amended by inserting after section 6104 the following
new section:
``SEC. 6104A. PUBLIC DISCLOSURE OF CERTAIN CORPORATE BOOK-TAX
DIFFERENCES.
``(a) In General.--The Secretary shall make publicly available, on
the Internet and at the offices of the Internal Revenue Service, the
information described in subsection (b) with respect to each specified
entity for each taxable year ending after the date of the enactment of
this section.
``(b) Information.--The information described in this subsection
with respect to a specified entity are the following items:
``(1) The name and address of the specified entity.
``(2) The CUSIP identification number under which the
entity files reports with the Securities and Exchange
Commission, if any.
``(3) The following information relating to the worldwide
consolidated income statement of the specified entity for the
period ending with or within the taxable year:
``(A) The total net income (or loss) shown on such
income statement.
``(B) The total net income (or loss) of foreign
entities included on such income statement but not
included on the consolidated tax return of the
specified entity for the taxable year.
``(C) The total of adjustments (other than the item
described in subparagraph (B)) reflecting the
difference between the income (or loss) shown on such
income statement and the item described in subparagraph
(D).
``(D) The total income (or loss) of all entities
included on both such income statement and the
consolidated tax return of the specified entity for the
taxable year.
``(4) The total net income (or loss) shown on the
consolidated income tax return of the specified entity for the
taxable year.
``(5) The total temporary differences between the items
described in paragraphs (3)(D) and (4).
``(6) The total permanent differences between the items
described in paragraphs (3)(D) and (4).
``(c) Specified Entity.--For purposes of this subsection, the term
`specified entity' means any entity which is required by the Secretary
to file schedule M-3. In the case of an entity which is a member of an
affiliated group filing a consolidated return, the term `specified
entity' means such group and not each member thereof.''.
(b) Clerical Amendment.--The table of sections for subchapter B of
chapter 61 of such Code is amended by inserting after the item relating
to section 6104 the following new item:
``Sec. 6104A. Public disclosure of certain corporate book-tax
differences.''.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.
SEC. 4. PENALTY FOR FAILURE TO FILE AND FILING INACCURATE INFORMATION
RELATING TO CERTAIN CORPORATE BOOK-TAX DIFFERENCES.
(a) Failure To File.--Section 6652 of the Internal Revenue Code of
1986 is amended by redesignating subsection (m) as subsection (n) and
by inserting after subsection (l) the following new subsection:
``(m) Failure To File Information Relating to Certain Corporate
Book-Tax Differences.--
``(1) In general.--In the case of--
``(A) any failure by a specified entity to file any
statement required by the Secretary relating to the
reconciliation of financial statements with income tax
returns, or
``(B) any failure by a specified entity--
``(i) to include any of the information
required to be shown on such a statement, or
``(ii) to include materially accurate
information on such a statement,
there shall be paid (on notice and demand by the Secretary and
in the same manner as tax) by the specified entity an amount
equal to the amount determined under paragraph (2) for each
such failure.
``(2) Amount.--
``(A) Corporations.--In the case of a corporation,
the amount determined under this paragraph is--
``(i) $10,000 in the case of such a
specified entity with total assets at the end
of the taxable year of not more than
$50,000,000,
``(ii) $25,000 in the case of such a
specified entity with total assets at the end
of the taxable year of more than $50,000,000
but not more than $250,000,000,
``(iii) $50,000 in the case of such a
specified entity with total assets at the end
of the taxable year of more than $250,000,000
but not more than $1,000,000,000, and
``(iv) $100,000 in the case of such a
specified entity with total assets at the end
of the taxable year of more than
$1,000,000,000.
``(B) Other entities.--In the case of a specified
entity other than a corporation, the amount determined
under this paragraph is--
``(i) $5,000 in the case of such a
specified entity with gross receipts for the
taxable year of not more than $10,000,000,
``(ii) $10,000 in the case of such a
specified entity with gross receipts for the
taxable year of more than $10,000,000 but not
more than $50,000,000,
``(iii) $25,000 in the case of such a
specified entity with gross receipts for the
taxable year of more than $50,000,000 but not
more than $250,000,000,
``(iv) $50,000 in the case of such a
specified entity with gross receipts for the
taxable year of more than $250,000,000 but not
more than $1,000,000,000, and
``(v) $100,000 in the case of such a
specified entity with gross receipts for the
taxable year of more than $1,000,000,000.
``(3) Specified entity.--For purposes of this subsection,
the term `specified entity' has the meaning given such term
under section 6104A.''.
(b) Effective Date.--The amendments made by this sections shall
apply to returns and statements filed after the date of the enactment
of this Act.
SEC. 5. STUDY ON BOOK-TAX DISCLOSURES.
(a) In General.--
(1) Study.--The Secretary of the Treasury, in consultation
with the Commissioner of the Securities and Exchange Commission
and the Joint Committee on Taxation, shall conduct a study on
the reconciliation of differences between the financial income
statements of specified entities with income tax returns.
(2) Matters included in study.--The study conducted under
subsection (a) shall address--
(A) the need for additional reporting of book-tax
difference to--
(i) the Internal Revenue Service, and
(ii) the Securities and Exchange
Commission, and
(B) the benefits and risks of publicly disclosing
such differences.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of the Treasury shall submit to
Congress a report on the matters studied under subsection (a) together
with any recommendations.
(c) Specified Entity.--For purposes of this section, the term
``specified entity'' has the meaning given such term under section
6104A of the Internal Revenue Code of 1986. | Corporate Transparency Act of 2007 [sic] - Amends the Internal Revenue Code to require the Secretary of the Treasury to: (1) disclose to the Securities and Exchange Commission (SEC) certain tax return information of public entities whose securities are required to be registered under the Securities and Exchange Act of 1934 relating to the reconciliation of financial income statements with income tax returns (i.e., Schedule M-3); and (2) post on the Internet certain identifying and financial information for such entities. Imposes penalties on entities that fail to file required information.
Requires the Secretary to study and report to Congress on the reconciliation of differences between financial income statements of public entities with income tax returns. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for the disclosure of schedule M-3 to the Securities and Exchange Commission, to provide for the public disclosure of certain information on such schedule, to provide penalties for failure to file such schedule or inaccurately reporting information on such schedule, and for other purposes."} | 2,250 | 146 | 0.583502 | 1.491279 | 0.6316 | 2.780303 | 15.772727 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Swap Jurisdiction Certainty Act''.
SEC. 2. COMMODITY EXCHANGE ACT.
Section 4s(a) of the Commodity Exchange Act (7 U.S.C. 6s(a)) is
amended by adding at the end the following:
``(3) Extra-territorial swap transaction application of
title vii.--
``(A) In general.--A swap entered into between--
``(i) a swap dealer that is registered with
the Commission who is either--
``(I) a U.S. person, or
``(II) a person that has a parent
company that is a U.S. person, and
``(ii) a person who is--
``(I) a U.S. or non-U.S.
subsidiary, branch, or affiliate of
such swap dealer, or
``(II) any other non-U.S. person
that is not registered as a swap dealer
with the Commission,
shall not be subject to the provisions of title VII of
the Dodd-Frank Wall Street Reform and Consumer
Protection Act, and of amendments added by such title,
so long as each swap dealer described under clause (i)
reports such swap to a swap data repository registered
with the Commission.
``(B) Swaps entered into by registered non-u.s.
persons.--
``(i) In general.--A non-U.S. person that
registers as a swap dealer with the Commission
shall only be subject to the requirements of
title VII of the Dodd-Frank Wall Street Reform
and Consumer Protection Act, and of amendments
added by such title, with respect to swaps that
such person enters into with a U.S. person who
is not a U.S. subsidiary, branch, or affiliate
of such non-U.S. person.
``(ii) Capital requirements.--A non-U.S.
person that registers as a swap dealer with the
Commission shall be permitted by the Commission
to comply with the capital requirements under
subsection (e) by complying with comparable
requirements established by the appropriate
governmental authorities in the home country of
the non-U.S. person, so long as such home
country is a signatory to the Basel Accords.
``(C) Non-U.S. person.--For purposes of this
paragraph, the term `non-U.S. person' includes--
``(i) any person that is not a U.S. person;
``(ii) any discretionary account or similar
account (other than an estate or trust) held
for the benefit or account of a non-U.S. person
by a dealer or other professional fiduciary
organized, incorporated, or (if an individual)
resident in the United States;
``(iii) any agency or branch of a U.S.
person located outside the United States if--
``(I) the agency or branch operates
for valid business reasons; and
``(II) the agency or branch is
engaged in the business of insurance or
banking and is subject to substantive
insurance or banking regulation,
respectively, in the jurisdiction where
it is located;
``(iv) any trust of which any professional
fiduciary acting as trustee is a U.S. person,
if--
``(I) a trustee who is a non-U.S.
person has sole or shared investment
discretion with respect to the trust
assets; and
``(II) no beneficiary of the trust
(and no settlor if the trust is
revocable) is a U.S. person;
``(v) an employee benefit plan established
and administered in accordance with the law,
customary practices, and documentation of a
country other than the United States; and
``(vi) the International Monetary Fund, the
International Bank for Reconstruction and
Development, the Inter-American Development
Bank, the Asian Development Bank, the African
Development Bank, the United Nations, a central
bank or its functional equivalent which is
located in a non-U.S. jurisdiction and that is
a signatory to the Basel Accords, and their
agencies, affiliates and pension plans, and any
other similar international organizations,
their agencies, affiliates and pension plans.
``(D) U.S. person.--For purposes of this paragraph,
the term `U.S. person' includes--
``(i) any natural person resident in the
United States;
``(ii) any partnership or corporation
organized or incorporated under the laws of the
United States;
``(iii) any estate of which any executor or
administrator is a U.S. person;
``(iv) any trust of which any trustee is a
U.S. person;
``(v) any agency or branch of a foreign
entity located in the United States;
``(vi) any non-discretionary account or
similar account (other than an estate or trust)
held by a dealer or other fiduciary for the
benefit or account of a United States person;
``(vii) any discretionary account or
similar account (other than an estate or trust)
held by a dealer or other fiduciary organized,
incorporated, or (if an individual) resident in
the United States; and
``(viii) any partnership or corporation--
``(I) organized or incorporated
under the laws of any foreign
jurisdiction; and
``(II) formed by a U.S. person
principally for the purpose of
investing in securities not registered
under the Securities Act of 1933,
unless it is organized or incorporated,
and owned, by accredited investors (as
such term is defined under section
230.501 of title 17, Code of Federal
Regulations) that are not natural
persons, estates, or trusts.
``(E) Anti-evasion.--Notwithstanding any other
provision of this paragraph, each registered swap
dealer shall be subject to the provision under section
2(i)(2).''.
SEC. 3. SECURITIES EXCHANGE ACT OF 1934.
Section 15F(a) of the Securities Exchange Act of 1934 (78o-10(a))
is amended by adding at the end the following:
``(3) Extra-territorial swap transaction application of
title vii.--
``(A) In general.--A security-based swap entered
into between--
``(i) a security-based swap dealer that is
registered with the Commission who is either--
``(I) a U.S. person, or
``(II) a person that has a parent
company that is a U.S. person, and
``(ii) a person who is a U.S. or non-U.S.
subsidiary, branch, affiliate, or parent
company of such security-based swap dealer,
shall not be subject to the provisions of title VII of
the Dodd-Frank Wall Street Reform and Consumer
Protection Act, and of amendments added by such title,
so long as each security-based swap dealer described
under clause (i) reports such security-based swap to a
security-based swap data repository registered with the
Commission.
``(B) Security-based swaps entered into by
registered non-u.s. persons.--
``(i) In general.--A non-U.S. person that
registers as a security-based swap dealer with
the Commission shall only be subject to the
requirements of title VII of the Dodd-Frank
Wall Street Reform and Consumer Protection Act,
and of amendments added by such title, with
respect to security-based swaps that such
person enters into with a U.S. person who is
not a U.S. subsidiary, branch, or affiliate of
such non-U.S. person.
``(ii) Capital requirements.--A non-U.S.
person that registers as a security-based swap
dealer with the Commission shall be permitted
by the Commission to comply with the capital
requirements under subsection (e) by complying
with comparable requirements established by the
appropriate governmental authorities in the
home country of the non-U.S. person, so long as
such home country is a signatory to the Basel
Accords.
``(C) Non-U.S. person.--For purposes of this
paragraph, the term `non-U.S. person' includes--
``(i) any person that is not a U.S. person;
``(ii) any discretionary account or similar
account (other than an estate or trust) held
for the benefit or account of a non-U.S. person
by a dealer or other professional fiduciary
organized, incorporated, or (if an individual)
resident in the United States;
``(iii) any agency or branch of a U.S.
person located outside the United States if--
``(I) the agency or branch operates
for valid business reasons; and
``(II) the agency or branch is
engaged in the business of insurance or
banking and is subject to substantive
insurance or banking regulation,
respectively, in the jurisdiction where
it is located;
``(iv) any trust of which any professional
fiduciary acting as trustee is a U.S. person,
if--
``(I) a trustee who is a non-U.S.
person has sole or shared investment
discretion with respect to the trust
assets; and
``(II) no beneficiary of the trust
(and no settlor if the trust is
revocable) is a U.S. person;
``(v) an employee benefit plan established
and administered in accordance with the law,
customary practices, and documentation of a
country other than the United States; and
``(vi) the International Monetary Fund, the
International Bank for Reconstruction and
Development, the Inter-American Development
Bank, the Asian Development Bank, the African
Development Bank, the United Nations, a central
bank or its functional equivalent which is
located in a non-U.S. jurisdiction and that is
a signatory to the Basel Accords, and their
agencies, affiliates and pension plans, and any
other similar international organizations,
their agencies, affiliates and pension plans.
``(D) U.S. person.--For purposes of this paragraph,
the term `U.S. person' includes--
``(i) any natural person resident in the
United States;
``(ii) any partnership or corporation
organized or incorporated under the laws of the
United States;
``(iii) any estate of which any executor or
administrator is a U.S. person;
``(iv) any trust of which any trustee is a
U.S. person;
``(v) any agency or branch of a foreign
entity located in the United States;
``(vi) any non-discretionary account or
similar account (other than an estate or trust)
held by a dealer or other fiduciary for the
benefit or account of a United States person;
``(vii) any discretionary account or
similar account (other than an estate or trust)
held by a dealer or other fiduciary organized,
incorporated, or (if an individual) resident in
the United States; and
``(viii) any partnership or corporation--
``(I) organized or incorporated
under the laws of any foreign
jurisdiction; and
``(II) formed by a U.S. person
principally for the purpose of
investing in securities not registered
under the Securities Act of 1933,
unless it is organized or incorporated,
and owned, by accredited investors (as
such term is defined under section
230.501 of title 17, Code of Federal
Regulations) that are not natural
persons, estates, or trusts.
``(E) Anti-evasion.--Notwithstanding any other
provision of this paragraph, a registered security-
based swap dealer shall not conduct any activities that
are designed to evade any provision of this Act that
was enacted by the Wall Street Transparency and
Accountability Act of 2010.
``(F) Preservation of authority.--Nothing in this
paragraph shall--
``(i) exempt a transaction described in
this paragraph from section 23A or 23B of the
Federal Reserve Act, or implementing
regulations thereunder; or
``(ii) affect the authorities of the
prudential regulators over the institutions
described under subparagraphs (A) through (E)
of section 1a(39) of the Commodity Exchange Act
(7 U.S.C. 1a(39)) as those authorities are
established in law, other than under title VII
of the Dodd-Frank Wall Street Reform and
Consumer Protection Act and amendments made by
such title.''. | Swap Jurisdiction Certainty Act - (Sec. 2) Amends the Commodity Exchange Act regarding extra-territorial swap transactions between: (1) a registered swap dealer who is either a U.S. person or a person whose parent company is a U.S. person; and (2) a person who is a U.S. or non-U.S. subsidiary, branch, or affiliate of such swap dealer, or any other non-U.S. person not registered as a swap dealer.
Exempts swaps from regulation under the Wall Street Transparency and Accountability Act of 2010 (WSTAA) (title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act) as long as the swap dealer: (1) is either a U.S. person or a person whose parent company is a U.S. person, and (2) reports such swap to a swap data repository registered with the Commodity Futures Trading Commission (CFTC).
Subjects to WSTAA requirements any non-U.S. person that is a registered swaps dealer but only for swaps entered into with a U.S. person who is not a U.S. subsidiary, branch, or affiliate of that non-U.S. person.
Requires the CFTC to permit non-U.S. persons that are registered swaps dealers to comply with WSTAA capital requirements by complying with comparable requirements established by the appropriate governmental authorities in their respective home countries, so long as those home countries are signatories to the Basel Accords.
Subjects each registered swap dealer to any rules or regulations as the CFTC may prescribe or promulgate as are necessary or appropriate to prevent the evasion of any provision of the Commodity Exchange Act enacted by WSTAA.
(Sec. 3) Amends the Securities Exchange Act of 1934 regarding extra-territorial securities-based swap transactions between: (1) a registered securities-based swap dealer who is either a U.S. person or a person whose parent company is a U.S. person; and (2) a person who is a U.S. or non-U.S. subsidiary, branch, or affiliate of such securities-based swap dealer.
Exempts security-based swaps from regulation under WSTAA as long as the securities-based swap dealer: (1) is either a U.S. person or a person whose parent company is a U.S. person, and (2) reports such security-based swap to a securities-based swap data repository registered with a security-based swap data repository registered with the Securities and Exchange Commission (SEC).
Subjects to WSTAA requirements any non-U.S. person that is a registered security-based swaps dealer but only for security-based swaps entered into with a U.S. person who is not a U.S. subsidiary, branch, or affiliate of that non-U.S. person.
Requires the SEC to permit non-U.S. persons that are registered security-based swaps dealers to comply with WSTAA capital requirements by complying with comparable requirements established by the appropriate governmental authorities in their respective home countries, so long as those home countries are signatories to the Basel Accords. Prohibits registered security-based swap dealers from conducting any activities designed to evade any provision of the Securities Exchange Act of 1934 enacted by WSTAA.
Declares that nothing in this section shall: (1) exempt a transaction from specified restrictions on member bank transactions with affiliates under the Federal Reserve Act or implementing regulations; or (2) affect the authorities of the prudential regulators over certain kinds of swap dealers, major swap participants, security-based swap dealers, or major security-based swap participants under the Commodity Excgange Act as such authorites are established in law other than under WSTAA | {"src": "billsum_train", "title": "To amend the Commodity Exchange Act and the Securities Exchange Act of 1934 to provide an exemption for certain swaps and security-based swaps involving Non-U.S. persons, and for other purposes."} | 2,867 | 864 | 0.760812 | 2.542542 | 0.800374 | 3.508902 | 3.78635 | 0.885757 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Breast and Cervical Cancer
Early Detection Program Reauthorization Act of 2005''.
SEC. 2. WAIVERS RELATING TO GRANTS FOR PREVENTIVE HEALTH MEASURES WITH
RESPECT TO BREAST AND CERVICAL CANCERS.
(a) In General.--Section 1503 of the Public Health Service Act (42
U.S.C. 300m) is amended by adding at the end the following:
``(d) Waiver of Services Requirement on Division of Funds.--
``(1) In general.--The Secretary may waive the requirements
of paragraphs (1) and (4) of subsection (a) if--
``(A)(i) the State involved will use the waiver to
leverage private funds to supplement each of the
services or activities described in paragraphs (1) and
(2) of section 1501(a); or
``(ii) the application of such requirement would
result in a barrier to the enrollment of qualifying
women;
``(B) the Secretary finds that granting such a
waiver to a State will not reduce the number of women
in the State that receive each of the services or
activities described in paragraphs (1) and (2) of
section 1501(a), including making available screening
procedures for both breast and cervical cancers; and
``(C) the Secretary finds that granting such a
waiver to a State will not adversely affect the quality
of each of the services or activities described in
paragraphs (1) and (2) of section 1501(a).
``(2) Duration of waiver.--
``(A) In general.--In granting waivers under
paragraph (1), the Secretary--
``(i) shall grant such waivers for a period
of 2 years; and
``(ii) upon request of a State, may extend
a waiver for additional 2-year periods in
accordance with subparagraph (B).
``(B) Additional periods.--The Secretary, upon the
request of a State that has received a waiver under
paragraph (1), shall, at the end of each 2-year waiver
period described in subparagraph (A), review
performance under the waiver and may extend the waiver
for an additional 2-year period if the Secretary
determines that--
``(i)(I) without an extension of the
waiver, there will be a barrier to the
enrollment of qualifying women; or
``(II) the State requesting such extended
waiver will use the waiver to leverage private
funds to supplement each of the services or
activities described in paragraphs (1) and (2)
of section 1501(a);
``(ii) the waiver has not, and will not,
reduce the number of women in the State that
receive each of the services or activities
described in paragraphs (1) and (2) of section
1501(a); and
``(iii) the waiver has not, and will not,
result in lower quality in the State of each of
the services or activities described in
paragraphs (1) and (2) of section 1501(a).
``(3) Reporting requirements.--The Secretary shall include
as part of the evaluations and reports required under section
1508, the following:
``(A) A description of the total amount of dollars
leveraged annually from private entities in States
receiving a waiver under paragraph (1) and how these
amounts were used.
``(B) With respect to States receiving a waiver
under paragraph (1), a description of the percentage of
the grant that is expended on providing each of the
services or activities described in paragraphs (1) and
(2) and paragraphs (3) through (6) of section 1501(a).
``(C) A description of the number of States
receiving waivers under paragraph (1) annually.
``(D) With respect to States receiving a waiver
under paragraph (1), a description of the number of
women receiving services under paragraphs (1), (2), and
(3) of section 1501(a) in programs before and after the
granting of such waiver.''.
(b) Authorization of Appropriations.--Section 1510(a) of the Public
Health Service Act (42 U.S.C. 300n-5(a)) is amended by striking
``$50,000,000'' and all that follows through the period and inserting
``$250,000,000 for fiscal year 2006, and such sums as may be necessary
for each of fiscal years 2007 through 2011.''. | National Breast and Cervical Cancer Early Detection Program Reauthorization Act of 2005 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services to waive requirements for awarding breast and cervical cancer grants to states if certain conditions are met, including that the Secretary finds that granting such a waiver will not reduce the number of women in the state receiving examinations and screening for breast and cervical cancers nor the quality of such services. Provides that such waivers are for two-year periods. Requires the Secretary to review performance under the waiver and allows the Secretary to extend such waivers.
Authorizes appropriations for such grants through FY2011. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide waivers relating to grants for preventive health measures with respect to breast and cervical cancers."} | 970 | 147 | 0.677083 | 1.812327 | 0.672042 | 2.783333 | 7.716667 | 0.85 |
SECTION 1. EVALUATION OF OUTCOME OF WELFARE REFORM AND FORMULA FOR
BONUSES TO HIGH PERFORMANCE STATES.
(a) Additional Measures of State Performance.--Section 403(a)(4)(C)
of the Social Security Act (42 U.S.C. 603(a)(4)(C)) is amended--
(1) by striking ``Not later'' and inserting the following:
``(i) In general.--Not later'';
(2) by inserting ``The formula shall provide for the
awarding of grants under this paragraph based on criteria
contained in clause (ii) and in accordance with clauses (iii)
and (iv).'' after the period; and
(3) by adding at the end the following:
``(ii) Formula criteria.--The grants
awarded under this paragraph shall be based on
the following:
``(I) Employment-related
measures.--Employment-related measures,
including work force entries, job
retention, increases in earnings of
recipients and former recipients of
assistance under the State program
funded under this part.
``(II) Food stamps measures.--The
change since 1995 in the proportion of
children in working poor families that
receive food stamps to the total number
of children in the State (or, if
possible, to the estimated number of
children in working families with
incomes low enough to be eligible for
food stamps).
``(III) Medicaid and schip
measures.--The percentage of members of
families who are former recipients of
assistance under the State program
funded under this part (who have ceased
to receive such assistance for
approximately 6 months) who currently
receive medical assistance under the
State plan approved under title XIX or
the child health assistance under title
XXI.
``(IV) Child care measures.--In the
case of a State that pays child care
rates that are equal to at least the
75th percentile of market rates, based
on a market rate survey that is not
more than 2 years old, measures of the
State's success in providing child
care, as measured by the percentage of
children in families with incomes below
85 percent of the State's median income
who receive subsidized child care in
the State, and by the amount of public
expenditures in the State on child care
subsidies divided by the estimated
number of children younger than 13 in
families with incomes below 85 percent
of the State's median income.
``(V) Measures of addressing
domestic violence.--In the case of a
State that has adopted the option under
the State plan relating to domestic
violence set forth in section 402(a)(7)
and that reports the proportion of
eligible recipients of assistance under
this part who disclose their status as
domestic violence victims or survivors,
measures of the State's success in
addressing domestic violence as a
barrier to economic self-sufficiency,
as measured by the proportion of such
recipients who are referred to and
receive services under a service plan
developed by an individual trained in
domestic violence pursuant to section
260.55(c) of title 45 of the Code of
Federal Regulations.
``(VI) Measures of changes in
income or number of children below half
of poverty.--For a sample of recipients
of assistance under the State program
funded under this part, longitudinal
measures of annual changes in income
(or measures of changes in the
proportion of children in families with
income below \1/2\ of the poverty line)
according to the American Community
Survey (ACS), including earnings and
the value of benefits received under
that State program and food stamps.
``(VII) Definitions.--In this
clause:
``(aa) Domestic violence.--
The term `domestic violence'
has the meaning given the term
`battered or subjected to extreme cruelty' in section
408(a)(7)(C)(iii).
``(bb) Working poor
families.--The term `working
poor families' means families
that receive earnings at least
equal to a comparable amount
that would be received by an
individual working a half-time
position for minimum wage for a
full year.
``(iii) Employment, earning, and income
related measures.--$100,000,000 of the amount
appropriated for a fiscal year under
subparagraph (F) shall be used to award grants
to States under this paragraph for that fiscal
year based on the measures of employment,
earnings, and income described in subclauses
(I) and (VI) of clause (ii), including scores
for the criteria described in those subclauses.
``(iv) Measures of support for working
families.--$100,000,000 of the amount
appropriated for a fiscal year under
subparagraph (F) shall be used to award grants
to States under this paragraph for that fiscal
year based on measures of support for working
families, including scores for the criteria
described in subclauses (II), (III), (IV), and
(V) of clause (ii).
``(v) Limitation on applying for only 1
bonus.--To qualify under any one of the
employment, earnings, food stamp, or health
coverage criteria described in subclauses (I),
(II), or (III) of clause (ii), a State must
submit the data required to compete for all of
the criteria described in those subclauses.
(b) Data Collection and Reporting.--Section 411(a) of the Social
Security Act (42 U.S.C. 611(a)) is amended by adding at the end the
following:
``(8) Report on outcome of welfare reform for states not
participating in bonus grants under section 403(a)(4).--
``(A) In general.--In the case of a State which
does not participate in the procedure for awarding
grants under section 403(a)(4) pursuant to regulations
prescribed by the Secretary, the report required by
paragraph (1) for a fiscal quarter shall include data
regarding the characteristics and well-being of former
recipients of assistance under the State program funded
under this part for 6 months after such recipient has
ceased receiving such assistance.
``(B) Contents.--The data required under
subparagraph (A) shall consist of information regarding
former recipients, including--
``(i) employment status;
``(ii) job retention;
``(iii) changes in income;
``(iv) poverty status, including the number
of children in families of such former
recipients with income below \1/2\ of the
poverty line;
``(v) receipt of food stamps, medical
assistance under the State plan approved under
title XIX or child health assistance under
title XXI, or subsidized child care;
``(vi) accessibility of child care and
child care cost;
``(vii) the percentage of families in
poverty receiving child care subsidies;
``(viii) measures of hardship, including
lack of medical insurance and difficulty
purchasing food; and
``(ix) the availability of the option under
the State plan in section 402(a)(7) (relating
to domestic violence) and the difficulty
accessing services for victims of domestic
violence.
``(C) Sampling.--A State may comply with this
paragraph by using a scientifically acceptable sampling
method approved by the Secretary.
``(D) Regulations.--The Secretary shall prescribe
such regulations as may be necessary to ensure that--
``(i) data reported under this paragraph
are in such a form as to promote comparison of
data among States;
``(ii) a State reports, for each measure,
changes in data over time and comparisons in
data between such former recipients and
comparable groups of current recipients; and
``(iii) a State that is already conducting
a scientifically acceptable study of former
recipients that provides sufficient data required under subparagraph
(A) may use the results of such study to satisfy the requirements of
this paragraph.''.
(c) Report of Currently Collected Data.--
(1) In general.--Not later than July 1, 2000, and annually
thereafter, the Secretary of Health and Human Services shall
transmit to Congress a report regarding characteristics of
former and current recipients of assistance under State
programs funded under part A of title IV of the Social Security
Act, based on information currently being received from States.
(2) Characteristics.--For purposes of paragraph (1), the
characteristics shall include earnings, employment, and, to the
extent possible, income (including earnings, the value of
benefits received under the State program funded under part A
of title IV of the Social Security Act, and food stamps), the
ratio of income to poverty, receipt of food stamps, and other
family resources.
(3) Basis of report.--The report under paragraph (1) shall
be based on longitudinal data of employer reported earnings for
a sample of States, which represents at least 80 percent of the
population of the United States, including separate data for
each of fiscal years 1997 through 2000 regarding--
(A) a sample of former recipients of assistance
under State programs funded under part A of title IV of
the Social Security Act;
(B) a sample of current recipients of such
assistance; and
(C) a sample of food stamp recipients.
(d) Report on Development of Measures.--The Secretary of Health and
Human Services shall transmit to Congress--
(1) not later than July 1, 2000, a report regarding the
development of measures required under section
403(a)(4)(C)(ii)(IV) of the Social Security Act (42 U.S.C.
603(a)(4)(C)(ii)(IV)), as added by this Act, regarding
subsidized child care and changes in income; and
(2) not later than January 1, 2001, a report, prepared in
consultation with the Secretary of Labor and domestic violence
organizations, regarding the domestic violence criteria
required under subclause (V) of such section.
(e) Effective Dates.--
(1) Additional measures of state performance.--The
amendments made by subsection (a) of this section shall take
effect on July 1, 2000, except that subclauses (IV) and (V) of
section 403(a)(4)(C)(ii) of the Social Security Act (42 U.S.C.
603(a)(4)(C)(ii)(IV) and (V)), as added by this Act, shall not
apply to grants awarded under section 403(a)(4) of the Social
Security Act (42 U.S.C. 603(a)(4)) before July 1, 2001, and
shall have no force or effect before the report required by
subsection (d)(2) of this section is made.
(2) Data collection and reporting.--The amendment made by
subsection (b) shall apply to reports submitted in fiscal years
beginning with fiscal year 2001. | Requires States not participating in the bonus reward grant program for high performance States to report on the characteristics and well-being of former TANF recipients for six months after such assistance has ceased.
Directs the Secretary of Health and Human Services to report to Congress on: (1) characteristics of former and current TANF recipients based on information currently received from States; (2) criteria measures regarding subsidized child care and changes in income; and (3) domestic violence. | {"src": "billsum_train", "title": "To require the Secretary of Health and Human Services to provide bonus grants to high performance States based on certain criteria and to collect data to evaluate the outcome of welfare reform, and for other purposes."} | 2,357 | 96 | 0.515375 | 1.392188 | 0.726646 | 3.544444 | 23.988889 | 0.922222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biliteracy Education Seal and
Teaching Act'' or the ``BEST Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States celebrate cultural and
linguistic diversity and seek to prepare students with skills
to succeed in the 21st century.
(2) It is fitting to commend the dedication of students who
have achieved proficiency in multiple languages and to
encourage their peers to follow in their footsteps.
(3) The study of world languages in elementary and
secondary schools should be encouraged because it contributes
to a student's cognitive development and to the national
economy and security.
(4) Recognition of student achievement in language
proficiency will enable institutions of higher education and
employers to readily recognize and acknowledge the valuable
expertise of bilingual students in academia and the workplace.
(5) California has pioneered the first State system in the
Nation to recognize students for achieving proficiency in
multiple languages. In 2012, California awarded a Seal of
Biliteracy to over 10,000 graduating high school seniors in 37
school districts.
(6) Students in every State should be able to benefit from
a Seal of Biliteracy program.
SEC. 3. STATE SEAL OF BILITERACY PROGRAM.
(a) Establishment.--The Secretary of Education shall award grants
to States to establish or improve a Seal of Biliteracy program to
recognize student proficiency in speaking, reading, and writing in both
English and a second language.
(b) Grant Application.--In order to receive a grant under this
section, a State shall submit an application to the Secretary at such
time, in such manner, and containing such information and assurances as
the Secretary may require, including--
(1) a description of the criteria a student must meet to
demonstrate proficiency in speaking, reading, and writing in
both English and a second language;
(2) assurances that a student who meets the requirements
under paragraph (1)--
(A) receives a permanent seal or other marker on
the student's secondary school diploma or its
equivalent; and
(B) receives documentation of proficiency in the
student's official academic transcript; and
(3) assurances that a student is not charged a fee for
submitting an application under subsection (c).
(c) Student Participation in a Seal of Biliteracy Program.--To
participate in a Seal of Biliteracy program, a student must submit an
application to the State that serves the student at such time, in such
manner, and containing such information and assurances as the State may
require, including assurances that the student--
(1) will receive a secondary school diploma or its
equivalent in the year the student submits an application; and
(2) has met the criteria established by the State under
subsection (b)(1).
(d) Student Eligibility for Application.--A student who gained
proficiency in a second language outside of school may apply to
participate in a Seal of Biliteracy program under subsection (c).
(e) Use of Funds.--Grant funds made available under this section
shall be used for administrative costs of establishing or improving and
carrying out a Seal of Biliteracy program and for public outreach and
education about that program.
(f) Grant Terms.--
(1) Duration.--A grant awarded under this section shall be
for a period of 2 years, and may be renewed at the discretion
of the Secretary.
(2) Renewal.--At the end of a grant term, the recipient of
such grant may reapply for a grant under this section.
(3) Limitations.--A grant recipient under this section
shall not have more than 1 grant under this section at anytime.
(4) Return of unspent grant funds.--Not later than 6 months
after the date on which a grant term ends, a recipient of a
grant under this section shall return any unspent grant funds
to the Secretary.
(g) Report.--Not later than 9 months after receiving a grant under
this section, a grant recipient shall issue a report to the Secretary
describing the implementation of the Seal of Biliteracy program.
(h) Definitions.--In this section:
(1) ESEA definitions.--The terms ``secondary school'',
``Secretary'', and ``State'' have the meanings given those
terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(2) Second language.--The term ``second language'' means
any language other than English, including Braille and American
Sign Language.
(3) Seal of biliteracy program.--The term ``Seal of
Biliteracy program'' means any program established under
section 3 of this Act.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $10,000,000 for each of fiscal years 2015
through 2019 to carry out this section. | Biliteracy Education Seal and Teaching Act or the BEST Act - Directs the Secretary of Education to award renewable two-year grants to states to establish or improve a Seal of Biliteracy program to recognize student proficiency in speaking, reading, and writing in both English and a second language. Requires students who wish to participate in such a program to submit an application to their state that includes assurances that they: (1) will receive a secondary school diploma or its equivalent in the year they apply; and (2) have met the state's criteria for demonstrating proficiency in speaking, reading, and writing in both English and a second language. Requires states to provide participating students who demonstrate that proficiency: (1) a permanent seal or other marker on their secondary school diploma or its equivalent, and (2) documentation of that proficiency on their official academic transcript. Allows students who gain proficiency in a second language outside of school to participate in such programs. Prohibits states from charging students an application fee. | {"src": "billsum_train", "title": "BEST Act"} | 1,069 | 211 | 0.699738 | 2.169858 | 0.93753 | 4.723958 | 5.109375 | 0.901042 |
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